Washington DC Sex Crime Laws

The District of Columbia groups its sexual offenses in Chapter 30 of Title 22 of the D.C. Code, places the prostitution offenses in Chapter 27, and sets several imagery offenses out separately. One structural point comes first: the District has no offense named “rape.” The analogue is first degree sexual abuse under D.C. Code § 22-3002. Where that word appears in a report or an out-of-jurisdiction summary, the District provision in play is one of the sexual abuse sections.

This page is an overview of the offenses themselves: how the four degrees of sexual abuse are graded, what misdemeanor sexual abuse covers, how the child and enticement provisions work, and how the imagery and prostitution statutes are written. Registration is a separate subject, covered on the Washington DC sex offender laws page. Request a consultation with Law Offices Of SRIS, P.C. to discuss a specific charge; the firm maintains 24/7 phone intake at (888) 437-7747.

On this page

The Four Degrees of Sexual Abuse and Misdemeanor Sexual Abuse

First degree sexual abuse under D.C. Code § 22-3002 covers a sexual act committed by force; by threat of death, bodily injury, or kidnapping; after rendering the other person unconscious; or after drugging that person. It carries any term of years or life, plus a fine. This is the District’s analogue to what other jurisdictions call “rape,” a name the District does not use.

Second degree sexual abuse under § 22-3003 carries up to 20 years plus a fine. The third and fourth degrees move to sexual contact. Third degree sexual abuse under § 22-3004 covers sexual contact by the aggravated means and carries up to 10 years plus a fine. Fourth degree sexual abuse under § 22-3005 covers sexual contact accomplished by lesser threats or through incapacity and carries up to 5 years plus a fine.

Misdemeanor sexual abuse under § 22-3006 carries up to 180 days plus a fine, rising to up to 3 years where there are 3 or more priors.

The definitions at § 22-3001 run through all of them. Consent means words or overt actions indicating a freely given agreement, and a lack of resistance resulting from force, threats, or coercion is not consent. That section was amended by D.C. Law 25-175, effective June 8, 2024.

Child Sexual Abuse, Enticement, and Arranging a Contact

The definitions at D.C. Code § 22-3001 draw a line worth noting. A “child” means a person who has not yet attained the age of 16, while a “minor” means a person under 18. The terms are not interchangeable, and which one a given statute uses changes its reach.

First degree child sexual abuse under D.C. Code § 22-3008 applies where the actor is at least 4 years older than a child and a sexual act occurs. It carries any term of years or life, plus a fine. Second degree child sexual abuse under § 22-3009 uses the same age differential where the conduct is sexual contact, and carries up to 10 years plus a fine.

Child enticement under § 22-3010 carries up to 5 years or a fine, or both, and subsection (b) reaches attempts directed at a person who represents himself or herself to be a child. Arranging for a sexual contact with a real or fictitious child under § 22-3010.02 carries up to 5 years, a fine, or both. Where the individual is fictitious, the arrangement is unlawful only if it is made by or with a law enforcement officer, a limitation written into the text of the section.

Imagery Offenses Under District of Columbia Law

Imagery is handled by separate schemes that operate differently from one another. Sexual performance using minors is addressed at D.C. Code § 22-3102, which sets out the prohibited acts but states no penalty. The penalty comes from § 22-3103, so the sections should always be read and cited together. Under § 22-3103 the offense is a felony, punishable by a fine or up to 10 years for a first offense, and a fine or up to 20 years for a second and each subsequent offense.

The non-consensual pornography provisions are different in kind. Unlawful disclosure under § 22-3052 is a misdemeanor, punishable by a fine, up to 180 days, or both. First-degree unlawful publication under § 22-3053 is a felony, punishable by a fine, up to 3 years, or both.

These schemes are often blurred together in general discussion, and the result is a badly mismatched view of exposure. The sections sit in different parts of Title 22 and are written around different conduct, with the sexual performance provisions addressing material involving minors and the disclosure and publication provisions addressing intimate images. Where paperwork in a case names a section, that citation is the reliable indicator of which scheme applies.

Prostitution Offenses and Aggravating Circumstances

Chapter 27 of Title 22 contains the prostitution offenses. Engaging in prostitution or soliciting for prostitution under D.C. Code § 22-2701 is graded by history: a first offense carries up to 90 days, a second up to 180 days, and a case with 2 or more priors up to 2 years. Subsection (d) grants immunity to a child under 18, a substantive limit on who may be charged under the section.

Pandering under § 22-2705 is a felony carrying up to 5 years or a fine, and up to 20 years where the individual is under 18.

Chapter 30 adds an enhancement that reaches across the offenses described above. D.C. Code § 22-3020 lists six aggravating circumstances, and where one applies the statute allows enhanced penalties of up to 1.5 times the statutory maximum. Because it operates on the maximum for the underlying offense, the enhancement changes the exposure calculation for a graded offense rather than creating a separate crime.

Several of these offenses also carry registration consequences under Chapter 40 of Title 22, which is a separate analysis with its own definitions and its own duration rules. That subject is covered on the Washington DC sex offender laws page.

Frequently Asked Questions

Does the District of Columbia have an offense called rape?

No. The District has no offense by that name. The analogue is first degree sexual abuse under D.C. Code § 22-3002, which covers a sexual act by force, by threat of death, bodily injury, or kidnapping, after rendering a person unconscious, or after drugging that person. It carries any term of years or life, plus a fine.

What is the difference between a child and a minor?

Under D.C. Code § 22-3001, a “child” means a person who has not yet attained the age of 16, and a “minor” means a person under 18. Sections in Chapter 30 use one term or the other deliberately, so the applicable age line depends on the section charged rather than on a single general rule.

How does District of Columbia law define consent in a sexual abuse case?

D.C. Code § 22-3001 provides that consent means words or overt actions indicating a freely given agreement to the act. It also provides that a lack of resistance resulting from force, threats, or coercion is not consent. That section was amended by D.C. Law 25-175, effective June 8, 2024.

What separates a sexual act offense from a sexual contact offense?

The grading follows the conduct. First and second degree sexual abuse, at §§ 22-3002 and 22-3003, address a sexual act. Third and fourth degree sexual abuse, at §§ 22-3004 and 22-3005, address sexual contact and carry up to 10 years and up to 5 years respectively, each plus a fine. The distinction drives the grading.

Can a charge involve a fictitious child?

Yes, within limits. D.C. Code § 22-3010.02 covers arranging for a sexual contact with a real or fictitious child and carries up to 5 years, a fine, or both. Where the individual is fictitious, the statute makes the arrangement unlawful only if it is made by or with a law enforcement officer. That limitation is part of the text of the section.

Why are § 22-3102 and § 22-3103 cited together?

Because § 22-3102 sets out the prohibited acts for sexual performance using minors but states no penalty. The penalty sits in § 22-3103, which makes the offense a felony punishable by a fine or up to 10 years for a first offense, and a fine or up to 20 years for a second and each subsequent offense.

What do the aggravating circumstances at § 22-3020 do to the penalty?

D.C. Code § 22-3020 lists six aggravating circumstances. Where one is present, the statute allows enhanced penalties of up to 1.5 times the statutory maximum for the underlying offense. The provision is an enhancement rather than a separate crime, so it works by raising the ceiling on the offense already charged.

Can a person under 18 be prosecuted for prostitution in the District?

D.C. Code § 22-2701(d) grants immunity to a child under 18. For adults, the section grades exposure by history: up to 90 days for a first offense, up to 180 days for a second, and up to 2 years with 2 or more priors. Pandering under § 22-2705 is a separate felony offense.

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor. The firm has handled criminal defense matters since 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris and the firm’s Of Counsel attorneys concentrate in criminal defense, and they read a District of Columbia charge against the text of the section charged rather than against a general description of the conduct alleged. If you are working out which statute applies and what it carries, that conversation is worth having early. Request a consultation. The firm maintains 24/7 phone intake at (888) 437-7747.

This page provides general information and does not create an attorney-client relationship. Case results depend on a variety of factors unique to each case. Results may vary.

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