1. (a) Neither mistake of age nor consent is a defense to a prosecution under §§ 22-3008 to 22-3010.01, prosecuted alone or in conjunction with charges under § 22-3018 or § 22-403.
2. (b) Marriage or domestic partnership between the defendant and the child or minor at the time of the offense is a defense, which the defendant must establish by a preponderance of the evidence, to a prosecution under §§ 22-3008 to 22-3010.01, prosecuted alone or in conjunction with charges under § 22-3018 or § 22-403, involving only the defendant and the child or minor.

History

May 23, 1995, D.C. Law 10-257, § 210, 42 DCR 53

Apr. 24, 2007, D.C. Law 16-306, § 216(f), 53 DCR 8610

June 3, 2011, D.C. Law 18-377, § 11(b), 58 DCR 1174

Emergency Legislation

For temporary (90 day) amendment of section, see § 511(b) of Public Safety Legislation Sixty-Day Layover Congressional Review Emergency Amendment Act of 2011 (D.C. Act 19-45, April 20, 2011, 58 DCR 3701).

For temporary (90 day) amendment of section, see § 511(b) of Public Safety Legislation Sixty-Day Layover Emergency Amendment Act of 2010 (D.C. Act 18-693, January 18, 2011, 58 DCR 640).

For temporary (90 day) amendment of section, see § 216(f) of Omnibus Public Safety Second Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-25, April 19, 2007, 54 DCR 4036).

For temporary (90 day) amendment of section, see § 216(f) of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-10, January 16, 2007, 54 DCR 1479).

For temporary (90 day) amendment of section, see § 216(f) of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-490, October 18, 2006, 53 DCR 8686).

For temporary (90 day) amendment of section, see § 216(f) of Omnibus Public Safety Emergency Amendment Act of 2006 (D.C. Act 16-445, July 19, 2006, 53 DCR 6443).

Effect of Amendments

D.C. Law 18-377, in subsec. (b), substituted “Marriage or domestic partnership between the defendant and the child” for “Marriage between the defendant and the child” and substituted “child or minor” for “child”.

D.C. Law 16-306, in the section heading, substituted “abuse and sexual abuse of a minor” for “abuse”; and substituted “§ 22-3010.01” for “§ 22-3010” both times it appears.

Prior Codifications

1981 Ed., § 22-4111.