Statutory Rape Laws Washington DC

The District of Columbia has no offense called statutory rape. Age-based sexual offenses are charged instead as first degree child sexual abuse under D.C. Code § 22-3008, second degree child sexual abuse under § 22-3009, and misdemeanor sexual abuse of a child or minor under § 22-3010.01. Those sections do not work by naming a single age of consent and stopping there. They combine the Code’s age definitions with an age-gap element. Under § 22-3001, a child is a person who has not yet attained the age of 16, and a minor is a person under 18. Sections 22-3008 and 22-3009 then require that the actor be at least 4 years older than the child, while § 22-3010.01 uses a different formulation for a person 18 or older who is more than 4 years older than a child, or who is 18 or older and in a significant relationship with a minor. Reading any one of those pieces on its own gives an incomplete picture of what the District prohibits. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., and the firm’s Of Counsel attorneys defend charges under these sections. Request a consultation. The firm maintains 24/7 phone intake at (888) 437-7747.

On this page

What the District Charges Instead of Statutory Rape

First degree child sexual abuse under § 22-3008 applies to a person at least 4 years older than a child who engages in a sexual act with that child, or who causes that child to engage in a sexual act. The penalty is any term of years or life, plus a fine. It is also a lifetime registration offense under § 22-4001(6)(B) where the victim is under 13.

Second degree child sexual abuse under § 22-3009 uses the same age-gap requirement but addresses sexual contact rather than a sexual act. A person at least 4 years older than a child who engages in sexual contact with that child faces up to 10 years plus a fine.

Misdemeanor sexual abuse of a child or minor under § 22-3010.01 reaches a person 18 or older who is more than 4 years older than a child, or a person 18 or older who is in a significant relationship with a minor, and who engages in sexually suggestive conduct. The penalty is up to 180 days or a fine, and up to 3 years where the person has 3 or more prior convictions for the same offense. Each section carries its own elements, so the section charged sets the terms of the case.

How the Code Defines Child and Minor

Section 22-3001 supplies the definitions for the whole chapter, and the age definitions do most of the work here. A child is a person who has not yet attained the age of 16. A minor is a person under 18. These terms are not interchangeable, and the sections use them differently. Sections 22-3008 and 22-3009 are keyed to the definition of a child, so the age-gap requirement in each is measured against a person who has not yet attained 16. Section 22-3010.01 uses both: it reaches a child through the age-gap route and a minor through the significant relationship route.

Section 22-3001 also defines consent as words or overt actions indicating a freely given agreement to the sexual act or contact in question, and provides that lack of resistance resulting from force, threats, or coercion is not consent. Those definitions were amended by D.C. Law 25-175, effective June 8, 2024.

One further point often gets lost. The general sexual abuse sections at §§ 22-3002 through 22-3006 contain no age-gap element at all, and they apply on their own terms. A case involving a young complainant may therefore be charged under an age-based section, a general section, or both, depending on the conduct alleged.

Penalties, Aggravating Circumstances, and Registration

Exposure varies sharply across these age-based sections. First degree child sexual abuse under § 22-3008 carries any term of years or life, plus a fine. Second degree child sexual abuse under § 22-3009 carries up to 10 years plus a fine. Misdemeanor sexual abuse of a child or minor under § 22-3010.01 carries up to 180 days or a fine, rising to up to 3 years where there are 3 or more prior convictions for the same offense.

Section 22-3020 sets out aggravating circumstances that can raise the ceiling. Six are listed: the victim was under 13; the victim was under 18 and the actor was in a significant relationship with the victim; serious bodily injury resulted; the defendant was aided by accomplices; the defendant was found guilty of sex offenses against two or more victims; or the defendant was armed. The section authorizes enhanced penalties up to 1.5 times the statutory maximum.

Registration is a separate consequence rather than part of the sentence range. Under § 22-4001, registration offenses include any offense under Chapter 30 of Title 22, which covers every section described on this page. First degree child sexual abuse is a lifetime registration offense under § 22-4001(6)(B) when the victim is under 13.

Frequently Asked Questions

Is statutory rape a crime in Washington, D.C.?

Not under that name. The D.C. Code contains no offense called statutory rape. Conduct described that way elsewhere is charged as first degree child sexual abuse under § 22-3008, second degree child sexual abuse under § 22-3009, or misdemeanor sexual abuse of a child or minor under § 22-3010.01. The section number tells you more than the label attached to it in conversation.

What age does the Code use for a child?

Section 22-3001 defines a child as a person who has not yet attained the age of 16. The same section defines a minor as a person under 18. Sections 22-3008 and 22-3009 are built on the definition of a child. Section 22-3010.01 reaches a child through its age-gap route and a minor through its significant relationship route, so both definitions can matter in a single case.

Does the age difference matter?

It is part of the offense definition. Sections 22-3008 and 22-3009 require the actor to be at least 4 years older than the child. Section 22-3010.01 uses a different formulation, applying to a person 18 or older who is more than 4 years older than a child. The prosecution must establish the age relationship the section names, along with its other elements.

What separates § 22-3008 from § 22-3009?

The conduct element. Section 22-3008 covers a sexual act with the child, or causing the child to engage in a sexual act, and carries any term of years or life plus a fine. Section 22-3009 covers sexual contact with the child and carries up to 10 years plus a fine. Both require the actor to be at least 4 years older than the child.

What does § 22-3010.01 cover?

It covers sexually suggestive conduct by a person 18 or older who is more than 4 years older than a child, or by a person 18 or older who is in a significant relationship with a minor. The penalty is up to 180 days or a fine, and up to 3 years where the person has 3 or more prior convictions for the same offense.

What if the age gap is smaller than the section requires?

Then the offense as defined by that section is not made out, because the age relationship is one of its elements. That is a statement about §§ 22-3008, 22-3009, and 22-3010.01 and nothing more. The general sexual abuse sections at §§ 22-3002 through 22-3006 contain no age-gap element, and they apply on their own terms whenever their own elements are present.

Does a conviction under these sections require registration?

Section 22-4001 provides that registration offenses include any offense under Chapter 30 of Title 22, and the age-based sections sit in that chapter. First degree child sexual abuse under § 22-3008 is a lifetime registration offense under § 22-4001(6)(B) when the victim is under 13. Registration consequences are worth raising with counsel early, because they follow the conviction rather than the sentence.

What are aggravating circumstances under § 22-3020?

Six are listed: the victim was under 13; the victim was under 18 and the actor was in a significant relationship with the victim; serious bodily injury resulted; the defendant was aided by accomplices; the defendant was found guilty of sex offenses against two or more victims; or the defendant was armed. Where they apply, § 22-3020 authorizes enhanced penalties up to 1.5 times the statutory maximum.

Mr. Sris is the Owner and Founder of the firm and a former prosecutor. He founded the firm in 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris and the firm’s Of Counsel attorneys practice in criminal defense and handle District charges brought under Chapter 30 of Title 22, including the age-based sections described on this page. Their approach is to work from the section number outward: identify the elements the government must establish, including the age definitions and the age relationship, and explain to the client what the statute actually requires. Consultations are held by appointment at the firm’s locations. Request a consultation by calling (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.

Attorney advertising. Prior results do not guarantee a similar outcome.