No actor is immune from prosecution under any section of this subchapter because of marriage, domestic partnership, or cohabitation with the victim; provided, that marriage or the domestic partnership of the parties may be asserted as an affirmative defense in prosecution under this subchapter where it is expressly so provided.
CREDIT(S)
(May 23, 1995, D.C. Law 10-257, § 218, 42 DCR 53; Apr. 24, 2007, D.C. Law 16-306, § 216(k), 53 DCR 8610.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 22-4119.
Effect of Amendments
D.C. Law 16-306 rewrote the section, which had read as follows:
Ҥ 22-3019. No spousal immunity from prosecution.
“No actor is immune from prosecution under any section of this subchapter because of marriage or cohabitation with the victim; provided, however, that marriage of the parties may be asserted as an affirmative defense in a prosecution under this subchapter where it is expressly so provided.”
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 216(k) 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 § 216(k) of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-490, October 18, 2006, 53 DCR 8689).
For temporary (90 day) amendment of section, see § 216(k) 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 § 216(k) of Omnibus Public Safety Second Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-25, April 19, 2007, 54 DCR 4036).
Legislative History of Laws
For legislative history of D.C. Law 10-257, see Historical and Statutory Notes following § 22-3001.
For Law 16-306, see notes following § 22-404.