§ 22–404.01. Aggravated assault.

(a) A person commits the offense of aggravated assault if:

(1) By any means, that person knowingly or purposely causes serious bodily injury to another person; or

(2) Under circumstances manifesting extreme indifference to human life, that person intentionally or knowingly engages in conduct which creates a grave risk of serious bodily injury to another person, and thereby causes serious bodily injury.

(b) Any person convicted of aggravated assault shall be fined not more than the amount set forth in § 22-3571.01 or be imprisoned for not more than 10 years, or both.

(c) Any person convicted of attempted aggravated assault shall be fined not more than the amount set forth in § 22-3571.01 or be imprisoned for not more than 5 years, or both.

(d) For the purposes of this section, the term "serious bodily injury" means an injury or significant bodily injury, as that term is defined in § 22-404(a)(3) that involves:

(1) A substantial risk of death;

(2) Protracted and obvious disfigurement;

(3) Protracted loss or impairment of the function of a bodily member, organ, or mental faculty;

(4) Extended loss of consciousness;

(5) A burn of at least third degree severity; or

(6) A gunshot wound.

(Mar. 3, 1901, 31 Stat. 1322, ch. 854, § 806a; as added Aug. 20, 1994, D.C. Law 10-151, § 202, 41 DCR 2608; June 11, 2013, D.C. Law 19-317, § 201(d), 60 DCR 2064; June 8, 2024, D.C. Law 25-175, § 19(b), 71 DCR 2732.)

Prior Codifications

1981 Ed., § 22-504.1.

Section References

This section is referenced in § 5-132.21 and § 24-112.

Effect of Amendments

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 $10,000” in (b) and for “not more than $5,000” in (c).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 14(b) of Secure DC Omnibus Congressional Review Emergency Amendment Act of 2024 (D.C. Act 25-490, June 7, 2024, 71 DCR 7006).

For temporary (90 days) amendment of this section, see § 14(b) of Secure DC Omnibus Emergency Amendment Act of 2024 (D.C. Act 25-410, Mar. 11, 2024, 71 DCR 2693).

For temporary addition of section, see § 202 of the Omnibus Criminal Justice Reform Emergency Amendment Act of 1994 (D.C. Act 10-255, June 22, 1994, 41 DCR 4286).

For temporary addition of the Act of Mar. 3, 1901, 31 Stat. 1322, ch. 854, § 806b, concerning assault on a public vehicle inspection officer, see § 401 of the Omnibus Criminal Code Amendments Emergency Amendment Act of 2012 (D.C. Act 19-599, January 14, 2013, 60 DCR 1017).

For temporary addition of the Act of Mar. 3, 1901, 31 Stat. 1322, ch. 854, § 806c, concerning aggravated assault on a public vehicle inspectorofficer, see § 401 of the Omnibus Criminal Code Amendments Emergency Amendment Act of 2012 (D.C. Act 19-599, January 14, 2013, 60 DCR 1017).

For temporary (90 days) amendment of this section, see § 201(d) of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300).

Editor's Notes

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.