§ 22–3601. Enhanced penalty for crimes against senior citizen victims.

*NOTE: This section includes amendments by emergency legislation that will expire on June 9, 2024. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*

(a) Any person who commits any offense listed in subsection (b) of this section against an individual who is 65 years of age or older, at the time of the offense, may be punished by a fine of up to 1 1/2 times the maximum fine otherwise authorized for the offense and may be imprisoned for a term of up to 1 1/2 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: any crime of violence, as that term is defined in § 23-1331(4), theft, fraud in the first degree, and fraud in the second degree, identity theft, financial exploitation of a vulnerable adult or elderly person, 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 65 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.

(Dec. 1, 1982, D.C. Law 4-164, § 201, 29 DCR 3976; Apr. 24, 2007, D.C. Law 16-306, § 220, 53 DCR 8610; Nov. 23, 2016, D.C. Law 21-166, § 2(c), 63 DCR 10733; Mar. 11, 2024, D.C. Act 25-410, § 18(c), 0 DCR 0.)

Prior Codifications

1981 Ed., § 22-3901.

Effect of Amendments

D.C. Law 16-306 rewrote subsecs. (b) and (c).

Cross References

Attempt to commit robbery, see § 22-2802.

Extortion, see § 22-3251.

Fraud, see § 22-3221.

Robbery, see § 22-2801.

Theft, see § 22-3211.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 18(c) of Secure DC Omnibus Emergency Amendment Act of 2024 (D.C. Act 25-410, Mar. 11, 2024, 0 DCR 0).

For temporary (90 day) amendment of section, see § 220 of Omnibus Public Safety Emergency Amendment Act of 2006 (D.C. Act 16-445, July 19, 2006, 53 DCR 6443).

For temporary (90 day) amendment of section, see § 220 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 § 220 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 § 220 of Omnibus Public Safety Second Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-25, April 19, 2007, 54 DCR 4036).