2015 District of Columbia Code
Division IV - Criminal law and procedure and prisoners.
Title 22 - Criminal Offenses and Penalties.
Subtitle II - Enhanced Penalties.
Chapter 36 - Crimes Committed Against Certain Persons.
§ 22-3601. Enhanced penalty for crimes against senior citizen victims.
(a) Any person who commits any offense listed in subsection (b) of this section against an individual who is 60 years of age or older, at the time of the offense, may be punished by a fine of up to 11/2 times the maximum fine otherwise authorized for the offense and may be imprisoned for a term of up to 11/2 times the maximum term of imprisonment otherwise authorized for the offense, or both.
(b) The provisions of subsection (a) of this section shall apply to the following offenses: Abduction, arson, aggravated assault, assault with a dangerous weapon, assault with intent to kill, commit first degree sexual abuse, or commit second degree sexual abuse, assault with intent to commit any other offense, burglary, carjacking, armed carjacking, extortion or blackmail accompanied by threats of violence, kidnapping, malicious disfigurement, manslaughter, mayhem, murder, robbery, sexual abuse in the first, second, and third degrees, theft, fraud in the first degree, and fraud in the second degree, or an attempt or conspiracy to commit any of the foregoing offenses.
(c) It is an affirmative defense that the accused knew or reasonably believed the victim was not 60 years old or older at the time of the offense, or could not have known or determined the age of the victim because of the manner in which the offense was committed. This defense shall be established by a preponderance of the evidence.
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