CHAPTER 3. HOMICIDE OFFENSES Chap. 3. Homicide Offenses. Sec. 22-301. Homicide in the First Degree. Sec. 22-302. Homicide in the Second Degree. § 22-301. HOMICIDE IN THE FIRST DEGREE. (a) OFFENSE.-A person is guilty of homicide in the first degree if that person (1) intentionally or knowingly causes the death of another human being; or (2) recklessly causes the death of another human being under circumstances manifesting extreme indifference to the value of human life. (b) PRESUMPTION. For purposes of subsection (a)(2), an actor is presumed to have acted recklessly and is presumed to be extremely indifferent to the value of human life if that actor, or any accomplice of that actor, causes the death of a human being other than one of the accomplices in the course of, in furtherance of, or during immediate flight after the commission or attempted commission of any of the following offenses: (1) robbery, (2) sexual assault in the first degree, (3) arson in the first degree, (4) burglary in the first degree, (5) abduction in the first degree, (6) felonious escape, [(7) other violent sexual assaults, or (8) other restraint offenses]. (c) GRADING. Homicide in the first degree is a Class A felony. § 22-302. HOMICIDE IN THE SECOND DEGREE. (a) OFFENSE.—A person is guilty of homicide in the second degree if that person (1) recklessly causes the death of another human being; or (2) causes the death of another human being under circumstances which would be homicide in the first degree, except that the death is caused by the actor's loss of self control in a situation(A) in which an ordinary person would be likely to lose self-control; and (B) for which the actor is not responsible; but (C) which causes the actor to lose self-control to an extent which is unreasonable and not lawfully justifiable. (b) GRADING.-Homicide in the second degree is a Class B felony. § 22-303. HOMICIDE IN THE THIRD DEGREE. (a) OFFENSE.-A person is guilty of homicide in the third degree if that person negligently causes the death of another human being. (b) GRADING.-Homicide in the third degree is a Class — felony. (13) CHAPTER 4. ASSAULT OFFENSES Chap. 4. Assault Offenses. Sec. 22-401, Assault in the First Degree. Sec. 22-402. Assault in the Second Degree. Sec. 22-403. Assault in the Third Degre". Sec. 22-406. Terrorizing. Sec. 22-407. Criminal Threatening. § 22-401. ASSAULT IN THE FIRST DEGREE. (a) OFFENSE.-a person is guilty of assault in the first degree if that person (1) intentionally or knowingly causes serious bodily injury to another; or (2) recklessly causes serious bodily injury to another under circumstances manifesting (A) extreme indifference to the value of human life; or (B) extreme recklessness with respect to the risk of causing serious bodily injury to another. (b) GRADING.-Assault in the first degree is a Class § 22-402. ASSAULT IN THE SECOND DEGREE. felony. (a) OFFENSE.-A person is guilty of assault in the second degree if that person (1) recklessly causes serious bodily injury to another; or weapon. (b) GRADING.-Assault in the second degree is a Class § 22-403. ASSAULT IN THE THIRD DEGREE. felony. (a) OFFENSE.—A person is guilty of assault in the third degree if that person recklessly causes bodily injury to another. (b) GRADING.-Assault in the third degree is a Class meanor. § 22-404. ASSAULT IN THE FOURTH DEGREE. misde (a) OFFENSE.-A person is guilty of assault in the fourth degree if that person, in an harassing or annoying manner, knowingly— (1) touches another; or (2) physically obstructs another. (b) GRADING.-Assault in the fourth degree is a Class misdemeanor. § 22–405. CRIMINAL ENDANGERMENT. (a) OFFENSE.-A person is guilty of criminal endangerment if that person recklessly creates a substantial risk of serious bodily injury or death to another. There is a risk within the meaning of this section if the potential for harm exists, whether or not a particular person's safety is actually jeopardized. 15 (b) GRADING. Criminal endangerment is— (1) a Class felony if the circumstances manifest extreme indifference to the value of human life; and (2) a Class § 22-406. TERRORIZING. misdemeanor in any other case. (a) OFFENSE.-A person is guilty of terrorizing if— (1) that person (A) threatens to commit any crime of violence or act dangerous to human life; or (B) knowing the information to be false, informs another that a situation dangerous to human life or the commission of a crime of violence imminent; and thereby (2) recklessly (A) places another in sustained or recurring fear for the safety of any person other than the actor; or (B) causes evacuation of, or substantially delays or impairs the use of a building, place of assembly, facility of transportation, public or private way, or other similar place. (b) GRADING.-Terrorizing is (1) a Class felony if the actor intentionally or knowingly causes any result set forth in subsection (a) (2); and (2) a Člass — misdemeanor if the actor recklessly causes any result set forth in subsection (a) (2). § 22-407. CRIMINAL THREATENING. (a) OFFENSE.—A person is guilty of criminal threatening if that person, by threatening bodily injury, intentionally or knowingly places another person in fear for that other's own safety or the safety of a third person. (b) GRADING.-Criminal threatening is— (1) a Class misdemeanor if it is committed with intent to place another person in fear of imminent bodily injury; and (2) a Class misdemeanor in any other case. CHAPTER 5. ABDUCTION AND RESTRAINT OFFENSES Chap. 5. Abduction and Restraint Offenses. Sec. 22-501. Abduction in the First Degree. Sec. 22-504. Unlawful Imprisonment. Sec. 22-510. Definitions for Chapter 5. § 22-501. ABDUCTION IN THE FIRST DEGREE. (a) OFFENSE.-A person is guilty of abduction in the first degree if that person abducts another or, having abducted another, continues to restrain the victim, without consent and with the intent to(1) hold the victim for ransom or reward; or (2) use the victim as a shield or hostage; or (3) hold the victim in a condition of involuntary servitude; or (4) commit a felony other than one defined in this chapter; or (5) interfere with the performance of a governmental function. (b) GRADING.-Abduction in the first degree is (1) a Class felony if the actor voluntarily releases the victim alive and in a safe place prior to trial; and (2) a Class felony in any other case. § 22-502. ABDUCTION IN THE SECOND DEGREE. (a) OFFENSE.-A person is guilty of abduction in the second degree if that person knowingly abducts another. (b) GRADING.-Abduction in the second degree is a Class- felony. § 22-503. FELONIOUS RESTRAINT. (a) OFFENSE.-A person is guilty of felonious restraint if that person (1) knowingly, and without consent, restrains another and thereby keeps the person restrained or any other person in a state of fear induced by the circumstances under which the victim is restrained; or (2) recklessly, and without consent, restrains another with intent to hold the victim in a condition of involuntary servitude. (b) GRADING.-Felonious restraint is a Class - felony. § 22-504. UNLAWFUL IMPRISONMENT. (a) OFFENSE.-A person is guilty of unlawful imprisonment if that person knowingly, and without consent, restrains another, unless the person being restrained is a child under the age of 18 and the actor is a parent, guardian, institution, or other person responsible for the general supervision of the welfare of the child, or a person acting with the authority of such parent, guardian, institution, or other person. (b) AFFIRMATIVE DEFENSE.-It is an affirmative defense to a prosecution under this section that the person restrained is a child less than 14 years of age and the actor reasonably believed that such 17 restraint was necessary to preserve the child from danger to the welfare of the child. (c) GRADING.-Unlawful imprisonment is a Class — misdemeanor. § 22-510. DEFINITIONS FOR CHAPTER 5. As used in this chapter, the following terms shall have the following meanings: (1) The term "abduct" means to restrain a person with intent to prevent that person's liberation by (A) secreting or holding that person in a place where that person is not likely to be found or intended to be found; or (B) endangering or threatening to endanger the safety of any human being. (2) The term "restrain" means to restrict the movements of a person unlawfully and without consent, so as to interfere substantially with personal liberty, by (A) removing a person from that person's place of residence, business, or school; or (B) moving a person a substantial distance from any one place to another; or (C) confining a person for a substantial period in any place. (3) The term "without consent", when used in conjunction with the term "restrain", means that it is accomplished by (A) force, intimidation, or deception, or (B) any means, including acquiescence of the victim, if the victim is a child less than 14 years of age or an incompetent person, and if the person or institution responsible for the general supervision of the victim's welfare has not acquiesced. |