§ 22-405 — Assault on member of police force, campus or university special police, or fire department.

District of Columbia § 22-405

• Jurisdiction: District of Columbia
• Title 22: Criminal Offenses and Penalties.
• Ch. 4: Assault; Mayhem; Threats.

Text

(a) 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 emergency medical technician, paramedic, intermediate paramedic, or other member of any emergency medical services 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.

(b) Whoever without justifiable and excusable cause assaults 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 6 months or fined not more than the amount set forth in § 22-3571.01 , or both.

(1) 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.

(2) For the purposes of this subsection, the term "significant bodily injury" shall have the same meaning as provided in § 22-404(a)(3) .

(d) 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.

Legislative History

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