Assault on member of police force, campus or university special police, or fire department.
For the purposes of this section, the term “law enforcement officer” means any officer or member of any police force operating and authorized to act in the District of Columbia, including any reserve officer or designated civilian employee of the Metropolitan Police Department, any licensed special police officer, any officer or member of any fire department operating in the District of Columbia, any officer or employee of any penal or correctional institution of the District of Columbia, any officer or employee of the government of the District of Columbia charged with the supervision of juveniles being confined pursuant to law in any facility of the District of Columbia regardless of whether such institution or facility is located within the District, any investigator or code inspector employed by the government of the District of Columbia, or any officer or employee of the Department of Youth Rehabilitation Services, Court Services and Offender Supervision Agency, the Social Services Division of the Superior Court, or Pretrial Services Agency charged with intake, assessment, or community supervision. Whoever without justifiable and excusable cause, assaults, resists, opposes, impedes, intimidates, or interferes with a law enforcement officer on account of, or while that law enforcement officer is engaged in the performance of his or her official duties shall be guilty of a misdemeanor and, upon conviction, shall be imprisoned not more than 180 days or fined not more than the amount set forth in § 22-3571.01, or both. A person who violates subsection (b) of this section and causes significant bodily injury to the law enforcement officer, or commits a violent act that creates a grave risk of causing significant bodily injury to the officer, shall be guilty of a felony and, upon conviction, shall be imprisoned not more than 10 years or fined not more than the amount set forth in § 22-3571.01, or both. It is neither justifiable nor excusable cause for a person to use force to resist an arrest when such an arrest is made by an individual he or she has reason to believe is a law enforcement officer, whether or not such arrest is lawful.
Annotations
R.S., D.C., § 432 June 29, 1953, 67 Stat. 95, ch. 159, § 205 Oct. 20, 1965, 79 Stat. 1011, Pub. L. 89-277, § 1 July 29, 1970, 84 Stat. 601, Pub. L. 91-358, title II, § 206 Aug. 11, 1971, 85 Stat. 316, Pub. L. 92-92 May 21, 1994, D.C. Law 10-119, § 3, 41 DCR 1639 Oct. 18, 1995, D.C. Law 11-63, § 3, 42 DCR 4109 June 3, 1997, D.C. Law 11-275, § 4, 44 DCR 1408 June 12, 1999, D.C. Law 12-284, § 2, 46 DCR 1328 June 18, 1999, D.C. Law 12-288, § 2, 45 DCR 4471 Apr. 24, 2007, D.C. Law 16-306, § 208, 53 DCR 8610 June 11, 2013, D.C. Law 19-317, § 202(a), 60 DCR 2064 Applicability of D.C. Law 19-317: Section 401 of D.C. Law 19-317 provided that the act shall apply only to offenses committed on or after June 11, 2013. For temporary (90 days) amendment of this section, see § 202(a) of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300). For temporary (90 day) amendment of section, see § 208 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 § 208 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 § 208 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 § 208 of Omnibus Public Safety Emergency Amendment Act of 2006 (D.C. Act 16-445, July 19, 2006, 53 DCR 6443). For temporary amendment of section, see § 2 of the Metropolitan Police Department Civilianization and Street Solicitation for Prostitution Emergency Amendment Act of 1998 (D.C. Act 12-428, August 6, 1998, 45 DCR 5884), § 2 of the Metropolitan Police Department Civilianization Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-506, November 10, 1998, 45 DCR 45 8139), and § 2 of the Metropolitan Police Department Civilianization Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-13, February 8, 1999, 46 DCR 2333). Section 13(b) of D.C. Law 12-282 provided that the act shall expire after 225 days of its having taken effect. Section 2 of D.C. Law 12-282 inserted “any designated civilian employee of the Metropolitan Police Department” near the beginning of (a). The 2013 amendment by D.C. Law 19-317 substituted “not more than the amount set forth in § 22-3571.01” for “not more than $1,000” in (b) and for “not more than $10,000” in (c). D.C. Law 16-306 rewrote the section. 1973 Ed., § 22-505. 1981 Ed., § 22-505. This section is referenced in § 23-524, § 24-112, § 24-261.03, § 24-403, and § 24-403.01. Sentencing, supervised release, and good time credit for felonies committed on or after August 5, 2000, see § 24-403.01. Offenses committed against any private correctional officer or other employee of the private operator, inmates confined to CTF, see § 24-261.03. Minimum sentence for violation of section, see § 24-403.
Sourced from the DC Council Open Law Library (public domain).
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