(a) Whoever engages in a sexual act or sexual contact with another person and who should have knowledge or reason to know that the act was committed without that other person’s permission, shall be imprisoned for not more than 180 days and, in addition, may be fined in an amount not more than the amount set forth in § 22-3571.01.
(b)(1) A person convicted of misdemeanor sexual abuse who has 3 or more prior convictions for misdemeanor sexual abuse shall be fined no more than the amount set forth in § 22-3571.01, or incarcerated for no more than 3 years, or both.
(2) In addition to a violation of this section, a person shall be considered to have prior convictions for misdemeanor sexual abuse if that person has been previously convicted of a violation of a crime under the laws of any other jurisdiction that involved conduct that would, if committed in the District of Columbia, constitute a violation of this section, or conduct that is substantially similar to conduct prosecuted under this section.
