|
DC ST § 22-101
Formerly cited as DC ST 1981 § 22-201 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 1. Abortion.
§ 22-101. Definition and penalty. [Repealed]
CREDIT(S)
(Mar. 3, 1901, 31 Stat. 1322, ch. 854, § 809; June 29, 1953, 67 Stat. 93, ch. 159, § 203; May 10, 1989, D.C. Law 7-231, § 28, 36 DCR 492; Apr. 29, 2004, D.C. Law 15-154, § 3(a), 50 DCR 10996.)
Current through April 16, 2013
|
DC ST § 22-201
Formerly cited as DC ST 1981 § 22-301 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 2. Adultery.
§ 22-201. Definition and penalty. [Repealed]
CREDIT(S)
(Mar. 3, 1901, 31 Stat. 1332, ch. 854, § 874; May 21, 1994, D.C. Law 10-119, § 2(d), 41 DCR 1639; Aug. 20, 1994, D.C. Law 10-151, § 105(b), 41 DCR 2608; Apr. 29, 2004, D.C. Law 15-154, § 3(b), 50 DCR 10996.)
Current through April 16, 2013
|
DC ST D. IV, T. 22, Subt. I, Ch. 3, Refs & Annos |
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 3. Arson.
Current through April 16, 2013
|
DC ST § 22-301
Formerly cited as DC ST 1981 § 22-401 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 3. Arson. (Refs & Annos)
§ 22-301. Definition and penalty.
Whoever shall maliciously burn or attempt to burn any dwelling, or house, barn, or stable adjoining thereto, or any store, barn, or outhouse, or any shop, office, stable, store, warehouse, or any other building, or any steamboat, vessel, canal boat, or other watercraft, or any railroad car, the property, in whole or in part, of another person, or any church, meetinghouse, schoolhouse, or any of the public buildings in the District, belonging to the United States or to the District of Columbia, shall suffer imprisonment for not less than 1 year nor more than 10 years.
CREDIT(S)
(Mar. 3, 1901, 31 Stat. 1323, ch. 854, § 820.)
Current through April 16, 2013
|
DC ST § 22-302
Formerly cited as DC ST 1981 § 22-402 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 3. Arson. (Refs & Annos)
§ 22-302. Burning one's own property with intent to defraud or injure another.
Whoever maliciously burns or sets fire to any dwelling, shop, barn, stable, store, or warehouse or other building, or any steamboat, vessel, canal boat, or other watercraft, or any goods, wares, or merchandise, the same being his own property, in whole or in part, with intent to defraud or injure any other person, shall be imprisoned for not more than 15 years.
CREDIT(S)
(Mar. 3, 1901, 31 Stat. 1323, ch. 854, § 821.)
Current through April 16, 2013
|
DC ST § 22-303
Formerly cited as DC ST 1981 § 22-403 |
Effective: June 9, 2011
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 3. Arson. (Refs & Annos)
§ 22-303. Malicious burning, destruction, or injury of another's property.
Whoever maliciously injures or breaks or destroys, or attempts to injure or break or destroy, by fire or otherwise, any public or private property, whether real or personal, not his or her own, of the value of $1,000 or more, shall be fined not more than $5,000 or shall be imprisoned for not more than 10 years, or both, and if the property has some value shall be fined not more than $1,000 or imprisoned for not more than 180 days, or both.
CREDIT(S)
(Mar. 3, 1901, 31 Stat. 1327, ch. 854, § 848; Aug. 12, 1937, 50 Stat. 629, ch. 599; Nov. 8, 1965, 79 Stat. 1307, Pub. L. 89-347, § 1; May 21, 1994, D.C. Law 10-119, § 2(e), 41 DCR 1639; Aug. 20, 1994, D.C. Law 10-151, § 105(c), 41 DCR 2608; June 3, 2011, D.C. Law 18-377, § 7, 58 DCR 1174.)
Current through April 16, 2013
|
DC ST § 22-304
Formerly cited as DC ST 1981 § 22-404 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 3. Arson. (Refs & Annos)
§ 22-304. Malicious burning of fences, woods, crops. [Repealed]
CREDIT(S)
(Mar. 3, 1901, 31 Stat. 1323, ch. 854, § 822; Apr. 29, 2004, D.C. Law 15-154, § 3(c), 50 DCR 10996.)
Current through April 16, 2013
|
DC ST D. IV, T. 22, Subt. I, Ch. 4, Refs & Annos |
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 4. Assault; Mayhem; Threats.
Current through April 16, 2013
|
DC ST § 22-401
Formerly cited as DC ST 1981 § 22-501 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 4. Assault; Mayhem; Threats. (Refs & Annos)
§ 22-401. Assault with intent to kill, rob, or poison, or to commit first degree sexual abuse, second degree sexual abuse or child sexual abuse.
Every person convicted of any assault with intent to kill or to commit first degree sexual abuse, second degree sexual abuse, or child sexual abuse, or to commit robbery, or mingling poison with food, drink, or medicine with intent to kill, or wilfully poisoning any well, spring, or cistern of water, shall be sentenced to imprisonment for not less than 2 years or more than 15 years.
CREDIT(S)
(Mar. 3, 1901, 31 Stat. 1321, ch. 854, § 803; Dec. 27, 1967, 81 Stat. 736, Pub. L. 90-226, title VI, § 601; May 23, 1995, D.C. Law 10-257, § 401(b)(2), 42 DCR 53.)
Current through April 16, 2013
|
DC ST § 22-402
Formerly cited as DC ST 1981 § 22-502 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 4. Assault; Mayhem; Threats. (Refs & Annos)
§ 22-402. Assault with intent to commit mayhem or with dangerous weapon.
Every person convicted of an assault with intent to commit mayhem, or of an assault with a dangerous weapon, shall be sentenced to imprisonment for not more than 10 years.
CREDIT(S)
(Mar. 3, 1901, 31 Stat. 1321, ch. 854, § 804.)
Current through April 16, 2013
|
DC ST § 22-403
Formerly cited as DC ST 1981 § 22-503 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 4. Assault; Mayhem; Threats. (Refs & Annos)
§ 22-403. Assault with intent to commit any other offense.
Whoever assaults another with intent to commit any other offense which may be punished by imprisonment in the penitentiary shall be imprisoned not more than 5 years.
CREDIT(S)
(Mar. 3, 1901, 31 Stat. 1322, ch. 854, § 805.)
Current through April 16, 2013
|
DC ST § 22-404
Formerly cited as DC ST 1981 § 22-504 |
Effective: December 10, 2009
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 4. Assault; Mayhem; Threats. (Refs & Annos)
§ 22-404. Assault or threatened assault in a menacing manner; stalking.
(a)(1) Whoever unlawfully assaults, or threatens another in a menacing manner, shall be fined not more than $1,000 or be imprisoned not more than 180 days, or both.
(2) Whoever unlawfully assaults, or threatens another in a menacing manner, and intentionally, knowingly, or recklessly causes significant bodily injury to another shall be fined not more than $3,000 or be imprisoned not more than 3 years, or both. For the purposes of this paragraph, the term “significant bodily injury” means an injury that requires hospitalization or immediate medical attention.
(b) Repealed.
(c) Repealed.
(d) Repealed.
(e) Repealed.
CREDIT(S)
(Mar. 3, 1901, 31 Stat. 1322, ch. 854, § 806; May 8, 1993, D.C. Law 9-269, § 2, 39 DCR 9014; Nov. 17, 1993, D.C. Law 10-53, § 2, 40 DCR 5446; Aug. 20, 1994, D.C. Law 10-151, § 105(d), 41 DCR 2608; May 16, 1995, D.C. Law 10-255, § 16, 41 DCR 5193; June 3, 1997, D.C. Law 11-275, § 3, 44 DCR 1408; Apr. 24, 2007, D.C. Law 16-306, § 207, 53 DCR 8610; Dec. 10, 2009, D.C. Law 18-88, § 302, 56 DCR 7413.)
Current through April 16, 2013
|
DC ST § 22-404.01
Formerly cited as DC ST 1981 § 22-504.1 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 4. Assault; Mayhem; Threats. (Refs & Annos)
§ 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 $10,000 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 $5,000 or be imprisoned for not more than 5 years, or both.
CREDIT(S)
(Mar. 3, 1901, 31 Stat. 1322, ch. 854, § 806a, as added Aug. 20, 1994, D.C. Law 10-151, § 202, 41 DCR 2608.)
Current through April 16, 2013
|
DC ST § 22-405
Formerly cited as DC ST 1981 § 22-505 |
Effective: April 24, 2007
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 4. Assault; Mayhem; Threats. (Refs & Annos)
§ 22-405. Assault on member of police force, campus or university special police, or fire department.
(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 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, resists, opposes, impedes, intimidates, or interferes with 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 180 days or fined not more than $1,000, or both.
(c) 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 $10,000, or both.
(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.
CREDIT(S)
(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.)
Current through April 16, 2013
|
DC ST § 22-406
Formerly cited as DC ST 1981 § 22-506 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 4. Assault; Mayhem; Threats. (Refs & Annos)
§ 22-406. Mayhem or maliciously disfiguring.
Every person convicted of mayhem or of maliciously disfiguring another shall be imprisoned for not more than 10 years.
CREDIT(S)
(Mar. 3, 1901, 31 Stat. 1322, ch. 854, § 807.)
Current through April 16, 2013
|
DC ST § 22-407
Formerly cited as DC ST 1981 § 22-507 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 4. Assault; Mayhem; Threats. (Refs & Annos)
§ 22-407. Threats to do bodily harm.
Whoever is convicted in the District of threats to do bodily harm shall be fined not more than $500 or imprisoned not more than 6 months, or both, and, in addition thereto, or in lieu thereof, may be required to give bond to keep the peace for a period not exceeding 1 year.
CREDIT(S)
(July 16, 1912, 37 Stat. 193, ch. 235, § 2; June 29, 1953, 67 Stat. 98, ch. 159, § 212; Dec. 23, 1963, 77 Stat. 618, Pub. L. 88-241, § 11(b).)
Current through April 16, 2013
|
DC ST § 22-408
Formerly cited as DC ST 1981 § 22-508 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 4. Assault; Mayhem; Threats. (Refs & Annos)
§ 22-408. Penalty for assaulting, beating, or fighting on account of money won by gaming. [Repealed]
CREDIT(S)
(9 Anne, ch. 14, § 8, 1710; Kilty's Rept., p. 248; Alex. Brit. Stat., p. 692; Comp. Stat. D.C., p. 245, § 17; May 21, 1994, D.C. Law 10-119, § 4, 41 DCR 1639; Apr. 29, 2004, D.C. Law 15-154, § 4, 50 DCR 10996.)
Current through April 16, 2013
|
DC ST § 22-501
Formerly cited as DC ST 1981 § 22-601 |
Effective: September 12, 2008
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 5. Bigamy.
§ 22-501. Bigamy.
(a) Whoever, having a spouse or domestic partner living, marries or enters a domestic partnership with another shall be deemed guilty of bigamy, and on conviction thereof shall suffer imprisonment for not less than 2 nor more than 7 years; provided, that this section shall not apply to any person whose:
(1) Spouse or domestic partner has been continually absent for 5 successive years next before such marriage or domestic partnership without being known to such person to be living within that time;
(2) Marriage to said living spouse shall have been dissolved by a valid decree of a competent court, or shall have been pronounced void by a valid decree of a competent court on the ground of the nullity of the marriage contract; or
(3) Domestic partnership with said living domestic partner has been terminated in accordance with § 32-702(d).
(b) For the purposes of this section, the term:
(1) “Domestic partner” shall have the same meaning as provided in § 32-701(3).
(2) “Domestic partnership” shall have the same meaning as provided in § 32-701(4).
CREDIT(S)
(Mar. 3, 1901, 31 Stat. 1331, ch. 854, § 870; Sept. 12, 2008, D.C. Law 17-231, § 23(a), 55 DCR 6758.)
Current through April 16, 2013
|
DC ST § 22-601
Formerly cited as DC ST 1981 § 22-3427 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 6. Breaking Into Devices Designed to Receive Currency.
§ 22-601. Breaking and entering vending machines and similar devices.
Whoever in the District of Columbia breaks open, opens, or enters, without right, any parking meter, coin telephone, vending machine dispensing goods or services, money changer, or any other device designed to receive currency, with intent to carry away any part of such device or anything contained therein, shall be sentenced to a term of imprisonment of not more than 3 years or to a fine of not more than $3,000, or both.
CREDIT(S)
(July 29, 1970, 84 Stat. 600, Pub. L. 91-358, title II, § 203.)
Current through April 16, 2013
|
DC ST D. IV, T. 22, Subt. I, Ch. 7, Subch. I, Refs & Annos |
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 7. Bribery; Obstructing Justice; Corrupt Influence.
Subchapter I. Corrupt Influence.
Current through April 16, 2013
|
DC ST § 22-701
Formerly cited as DC ST 1981 § 22-701 to 22-703 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 7. Bribery; Obstructing Justice; Corrupt Influence.
Subchapter I. Corrupt Influence. (Refs & Annos)
§§ 22-701 to 22-703. Definition and penalty; offering or receiving money, property, or valuable consideration to procure office or promotion from Council; obstructing justice. [Repealed]
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 602(b)-(d), 29 DCR 3976.)
Current through April 16, 2013
|
DC ST § 22-703
Formerly cited as DC ST 1981 § 22-701 to 22-703 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 7. Bribery; Obstructing Justice; Corrupt Influence.
Subchapter I. Corrupt Influence. (Refs & Annos)
§§ 22-701 to 22-703. Definition and penalty; offering or receiving money, property, or valuable consideration to procure office or promotion from Council; obstructing justice. [Repealed]
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 602(b)-(d), 29 DCR 3976.)
Current through April 16, 2013
|
DC ST § 22-704
Formerly cited as DC ST 1981 § 22-704 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 7. Bribery; Obstructing Justice; Corrupt Influence.
Subchapter I. Corrupt Influence. (Refs & Annos)
§ 22-704. Corrupt influence; officials.
(a) Whosoever corruptly, directly or indirectly, gives any money, or other bribe, present, reward, promise, contract, obligation, or security for the payment of any money, present, reward, or thing of value to any ministerial, administrative, executive, or judicial officer of the District of Columbia, or any employee, or other person acting in any capacity for the District of Columbia, or any agency thereof, either before or after the officer, employee, or other person acting in any capacity for the District of Columbia is qualified, with intent to influence such official's action on any matter which is then pending, or may by law come or be brought before such official in such official's official capacity, or to cause such official to execute any of the powers in such official vested, or to perform any duties of such official required, with partiality or favor, or otherwise than is required by law, or in consideration that such official being authorized in the line of such official's duty to contract for any advertising or for the furnishing of any labor or material, shall directly or indirectly arrange to receive or shall receive, or shall withhold from the parties so contracted with, any portion of the contract price, whether that price be fixed by law or by agreement, or in consideration that such official has nominated or appointed any person to any office or exercised any power in such official vested, or performed any duty of such official required, with partiality or favor, or otherwise contrary to law; and whosoever, being such an official, shall receive any such money, bribe, present, or reward, promise, contract, obligation, or security, with intent or for the purpose or consideration aforesaid shall be deemed guilty of bribery and upon conviction thereof shall be punished by imprisonment for a term not less than 6 months nor more than 5 years.
(b) Whosoever corrupts or attempts, directly or indirectly, to corrupt any special master, auditor, juror, arbitrator, umpire, or referee, by giving, offering, or promising any gift or gratuity whatever, with intent to bias the opinion, or influence the decision of such official, in relation to any matter pending in the court, or before an inquest, or for the decision of which such arbitrator, umpire, or referee has been chosen or appointed, and every official who receives, or offers or agrees to receive, a bribe in any of the cases above mentioned shall be guilty of bribery and upon conviction thereof shall be punished as hereinbefore provided.
CREDIT(S)
(Feb. 26, 1936, 49 Stat. 1143, ch. 87; May 21, 1994, D.C. Law 10-119, § 5, 41 DCR 1639.)
Current through April 16, 2013
|
DC ST § 22-711
Formerly cited as DC ST 1981 § 22-711 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 7. Bribery; Obstructing Justice; Corrupt Influence.
Subchapter II. Bribery.
§ 22-711. Definitions.
For the purposes of this subchapter, the term:
(1) “Court of the District of Columbia” means the Superior Court of the District of Columbia or the District of Columbia Court of Appeals.
(2) “Juror” means any grand, petit, or other juror, or any person selected or summoned as a prospective juror of the District of Columbia.
(3) “Official action” means any decision, opinion, recommendation, judgment, vote, or other conduct that involves an exercise of discretion on the part of the public servant.
(4) “Official duty” means any required conduct that does not involve an exercise of discretion on the part of the public servant.
(5) “Official proceeding” means any trial, hearing, investigation, or other proceeding in a court of the District of Columbia or conducted by the Council of the District of Columbia or an agency or department of the District of Columbia government, or a grand jury proceeding.
(6) “Public servant” means any officer, employee, or other person authorized to act for or on behalf of the District of Columbia government. The term “public servant” includes any person who has been elected, nominated, or appointed to be a public servant or a juror. The term “public servant” does not include an independent contractor.
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 301, 29 DCR 3976; May 7, 1993, D.C. Law 9-268, § 2(a), 39 DCR 5702.)
Current through April 16, 2013
|
DC ST § 22-712
Formerly cited as DC ST 1981 § 22-712 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 7. Bribery; Obstructing Justice; Corrupt Influence.
Subchapter II. Bribery.
§ 22-712. Prohibited acts; penalty.
(a) A person commits the offense of bribery if that person:
(1) Corruptly offers, gives, or agrees to give anything of value, directly or indirectly, to a public servant; or
(2) Corruptly solicits, demands, accepts, or agrees to accept anything of value, directly or indirectly, as a public servant;
in return for an agreement or understanding that an official act of the public servant will be influenced thereby or that the public servant will violate an official duty, or that the public servant will commit, aid in committing, or will collude in or allow any fraud against the District of Columbia.
(b) Nothing in this section shall be construed as prohibiting concurrence in official action in the course of legitimate compromise between public servants.
(c) Any person convicted of bribery shall be fined not more than $25,000 or 3 times the monetary equivalent of the thing of value, whichever is greater, or imprisoned for not more than 10 years, or both.
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 302, 29 DCR 3976.)
Current through April 16, 2013
|
DC ST § 22-713
Formerly cited as DC ST 1981 § 22-713 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 7. Bribery; Obstructing Justice; Corrupt Influence.
Subchapter II. Bribery.
§ 22-713. Bribery of witness; penalty.
(a) A person commits the offense of bribery of a witness if that person:
(1) Corruptly offers, gives, or agrees to give to another person; or
(2) Corruptly solicits, demands, accepts, or agrees to accept from another person;
anything of value in return for an agreement or understanding that the testimony of the recipient will be influenced in an official proceeding before any court of the District of Columbia or any agency or department of the District of Columbia government, or that the recipient will absent himself or herself from such proceedings.
(b) Nothing in subsection (a) of this section shall be construed to prohibit the payment or receipt of witness fees provided by law, or the payment by the party upon whose behalf a witness is called and receipt by a witness of a reasonable cost of travel and subsistence incurred and the reasonable value of time lost in attendance at any such proceeding, or, in case of expert witnesses, a reasonable fee for time spent in the preparation of a technical or professional opinion and appearing and testifying.
(c) Any person convicted of bribery of a witness shall be fined not more than $2,500 or imprisoned for not more than 5 years, or both.
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 303, 29 DCR 3976.)
Current through April 16, 2013
|
DC ST D. IV, T. 22, Subt. I, Ch. 7, Subch. III, Refs & Annos |
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 7. Bribery; Obstructing Justice; Corrupt Influence.
Subchapter III. Obstructing Justice.
Current through April 16, 2013
|
DC ST § 22-721
Formerly cited as DC ST 1981 § 22-721 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 7. Bribery; Obstructing Justice; Corrupt Influence.
Subchapter III. Obstructing Justice. (Refs & Annos)
§ 22-721. Definitions.
For the purpose of this subchapter, the term:
(1) “Court of the District of Columbia” means the Superior Court of the District of Columbia or the District of Columbia Court of Appeals.
(2) “Criminal investigator” means an individual authorized by the Mayor or the Mayor's designated agent to conduct or engage in a criminal investigation, or a prosecuting attorney conducting or engaged in a criminal investigation.
(3) “Criminal investigation” means an investigation of a violation of any criminal statute in effect in the District of Columbia.
(4) “Official proceeding” means any trial, hearing, investigation, or other proceeding in a court of the District of Columbia or conducted by the Council of the District of Columbia or an agency or department of the District of Columbia government, or a grand jury proceeding.
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 501, 29 DCR 3976; May 7, 1993, D.C. Law 9-268, § 2(b), 39 DCR 5702.)
Current through April 16, 2013
|
DC ST § 22-722
Formerly cited as DC ST 1981 § 22-722 |
Effective: December 10, 2009
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 7. Bribery; Obstructing Justice; Corrupt Influence.
Subchapter III. Obstructing Justice. (Refs & Annos)
§ 22-722. Prohibited acts; penalty.
(a) A person commits the offense of obstruction of justice if that person:
(1) Knowingly uses intimidation or physical force, threatens or corruptly persuades another person, or by threatening letter or communication, endeavors to influence, intimidate, or impede a juror in the discharge of the juror's official duties;
(2) Knowingly uses intimidating or physical force, threatens or corruptly persuades another person, or by threatening letter or communication, endeavors to influence, intimidate, or impede a witness or officer in any official proceeding, with intent to:
(A) Influence, delay, or prevent the truthful testimony of the person in an official proceeding;
(B) Cause or induce the person to withhold truthful testimony or a record, document, or other object from an official proceeding;
(C) Evade a legal process that summons the person to appear as a witness or produce a document in an official proceeding; or
(D) Cause or induce the person to be absent from a legal official proceeding to which the person has been summoned by legal process;
(3) Harasses another person with the intent to hinder, delay, prevent, or dissuade the person from:
(A) Attending or testifying truthfully in an official proceeding;
(B) Reporting to a law enforcement officer the commission of, or any information concerning, a criminal offense;
(C) Arresting or seeking the arrest of another person in connection with the commission of a criminal offense; or
(D) Causing a criminal prosecution or a parole or probation revocation proceeding to be sought or instituted, or assisting in a prosecution or other official proceeding;
(4) Injures or threatens to injure any person or his or her property on account of the person or any other person giving to a criminal investigator in the course of any criminal investigation information related to a violation of any criminal statute in effect in the District of Columbia;
(5) Injures or threatens to injure any person or his or her property on account of the person or any other person performing his official duty as a juror, witness, or officer in any court in the District of Columbia; or
(6) Corruptly, or by threats of force, any way obstructs or impedes or endeavors to obstruct or impede the due administration of justice in any official proceeding.
(b) Any person convicted of obstruction of justice shall be sentenced to a maximum period of incarceration of not less than 3 years and not more than 30 years, or shall be fined not more than $10,000, or both. For purposes of imprisonment following revocation of release authorized by § 24-403.01, obstruction of justice is a Class A felony.
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 502, 29 DCR 3976; May 7, 1993, D.C. Law 9-268, § 2(c), 39 DCR 5702; May 23, 1995, D.C. Law 10-256, § 3, 42 DCR 20; June 8, 2001, D.C. Law 13-302, § 5, 47 DCR 7249; Dec. 10, 2009, D.C. Law 18-88, § 214(m), 56 DCR 7413.)
Current through April 16, 2013
|
DC ST § 22-723
Formerly cited as DC ST 1981 § 22-723 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 7. Bribery; Obstructing Justice; Corrupt Influence.
Subchapter III. Obstructing Justice. (Refs & Annos)
§ 22-723. Tampering with physical evidence; penalty.
(a) A person commits the offense of tampering with physical evidence if, knowing or having reason to believe an official proceeding has begun or knowing that an official proceeding is likely to be instituted, that person alters, destroys, mutilates, conceals, or removes a record, document, or other object, with intent to impair its integrity or its availability for use in the official proceeding.
(b) Any person convicted of tampering with physical evidence shall be fined not more than $5,000, imprisoned for not more than 3 years, or both.
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 503, 29 DCR 3976; July 15, 2004, D.C. Law 15-174, § 301, 51 DCR 3677.)
Current through April 16, 2013
|
DC ST § 22-801
Formerly cited as DC ST 1981 § 22-1801 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 8. Burglary.
§ 22-801. Definition and penalty.
(a) Whoever shall, either in the nighttime or in the daytime, break and enter, or enter without breaking, any dwelling, or room used as a sleeping apartment in any building, with intent to break and carry away any part thereof, or any fixture or other thing attached to or connected thereto or to commit any criminal offense, shall, if any person is in any part of such dwelling or sleeping apartment at the time of such breaking and entering, or entering without breaking, be guilty of burglary in the first degree. Burglary in the first degree shall be punished by imprisonment for not less than 5 years nor more than 30 years.
(b) Except as provided in subsection (a) of this section, whoever shall, either in the night or in the daytime, break and enter, or enter without breaking, any dwelling, bank, store, warehouse, shop, stable, or other building or any apartment or room, whether at the time occupied or not, or any steamboat, canalboat, vessel, or other watercraft, or railroad car, or any yard where any lumber, coal, or other goods or chattels are deposited and kept for the purpose of trade, with intent to break and carry away any part thereof or any fixture or other thing attached to or connected with the same, or to commit any criminal offense, shall be guilty of burglary in the second degree. Burglary in the second degree shall be punished by imprisonment for not less than 2 years nor more than 15 years.
CREDIT(S)
(Mar. 3, 1901, 31 Stat. 1323, ch. 854, § 823; Dec. 27, 1967, 81 Stat. 736, Pub. L. 90-226, title VI, § 602.)
Current through April 16, 2013
|
DC ST § 22-811 |
Effective: April 24, 2007
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 8A. Crimes Committed Against Minors.
§ 22-811. Contributing to the delinquency of a minor.
(a) It is unlawful for an adult, being 4 or more years older than a minor, to invite, solicit, recruit, assist, support, cause, encourage, enable, induce, advise, incite, facilitate, permit, or allow the minor to:
(1) Be truant from school;
(2) Possess or consume alcohol or, without a valid prescription, a controlled substance as that term is defined in § 48-901.02(4);
(3) Run away for the purpose of criminal activity from the place of abode of his or her parent, guardian, or other custodian;
(4) Violate a court order;
(5) Violate any criminal law of the District of Columbia for which the penalty constitutes a misdemeanor, except for acts of civil disobedience;
(6) Join a criminal street gang as that term is defined in § 22-951(e)(1); or
(7) Violate any criminal law of the District of Columbia for which the penalty constitutes a felony, or any criminal law of the United States, or the criminal law of any other jurisdiction that involves conduct that would constitute a felony if committed in the District of Columbia, except for acts of civil disobedience.
(b)(1) Except as provided in paragraphs (2), (4) and (5) of this subsection, a person convicted of violating subsection (a)(1)-(6) of this section shall be fined not more than $1,000, or imprisoned for not more than 6 months, or both.
(2) A person convicted of violating subsection (a)(2)-(6) of this section, having previously been convicted of an offense under subsection (a)(2)-(6) of this section or a substantially similar offense in this or any other jurisdiction, shall be fined not more than $3,000 or imprisoned for not more than 3 years, or both.
(3) Except as provided in paragraphs (4) and (5) of this subsection, a person convicted of violating subsection (a)(7) of this section shall be fined not more than $5,000 or imprisoned for not more than 5 years, or both.
(4) A person convicted of violating subsection (a) of this section that results in serious bodily injury to the minor or any other person shall be fined not more than $5,000 or imprisoned for not more than 5 years, or both.
(5) A person convicted of violating subsection (a) of this section that results in the death of the minor or any other person shall be fined not more than $10,000 or imprisoned for not more than 10 years, or both.
(c) The penalties under this section are in addition to any other penalties permitted by law.
(d) It is not a defense to a prosecution under this section that the minor does not engage in, is not charged with, is not adjudicated delinquent for, or is not convicted as an adult, for any conduct set forth in subsection (a)(1)-(7) of this section.
(e) The Attorney General for the District of Columbia, or his or her assistants, shall prosecute a violation of subsection (a) of this section for which the penalty is set forth in subsection (c)(1) of this section.
(f) For the purposes of this section, the term:
(1) “Adult” means a person 18 years of age or older at the time of the offense.
(2) “Minor” means a person under 18 years of age at the time of the offense.
CREDIT(S)
(Apr. 24, 2007, D.C. Law 16-306, § 103, 53 DCR 8610.)
Current through April 16, 2013
|
DC ST § 22-851 |
Effective: April 24, 2007
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 8B. Crimes Against Public Officials.
§ 22-851. Protection of District public officials.
(a) For the purposes of this section, the term:
(1) “Family member” means an individual to whom the official or employee of the District of Columbia is related by blood, legal custody, marriage, domestic partnership, having a child in common, the sharing of a mutual residence, or the maintenance of a romantic relationship not necessarily including a sexual relationship.
(2) “Official or employee” means a person who currently holds or formerly held a paid or unpaid position in the legislative, executive, or judicial branch of government of the District of Columbia, including boards and commissions.
(b) A person who corruptly or, by threat or force, or by any threatening letter or communication, intimidates, impedes, interferes with, or retaliates against, or attempts to intimidate, impede, interfere with, or retaliate against any official or employee, while the official or employee is engaged in the performance of his or her duties or on account of the performance of those duties, shall be fined not more than $5,000 or imprisoned not more than 5 years, or both.
(c) A person who stalks, threatens, assaults, kidnaps, or injures any official or employee or vandalizes, damages, destroys, or takes the property of an official or employee, while the official or employee is engaged in the performance of his or her duties or on account of the performance of those duties, shall be fined not more than $3,000 or imprisoned not more than 3 years, or both, in addition to any other penalties authorized by law.
(d) A person who stalks, threatens, assaults, kidnaps, or injures a family member or vandalizes, damages, destroys, or takes the property of a family member on account of the performance of the official or employee's duties, shall be fined not more than $3,000 or imprisoned not more than 3 years, or both, in addition to any other penalties authorized by law.
CREDIT(S)
(Apr. 24, 2007, D.C. Law 16-306, § 106, 53 DCR 8610.)
Current through April 16, 2013
|
DC ST D. IV, T. 22, Subt. I, Ch. 9, Refs & Annos |
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 9. Commercial Counterfeiting.
Current through April 16, 2013
|
DC ST § 22-901
Formerly cited as DC ST 1981 § 22-751 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 9. Commercial Counterfeiting. (Refs & Annos)
§ 22-901. Definitions.
For the purposes of this chapter, the term:
(1) “Counterfeit mark” means:
(A) Any unauthorized reproduction or copy of intellectual property; or
(B) Intellectual property affixed to any item knowingly sold, offered for sale, manufactured, or distributed, or identifying services offered or rendered, without the authority of the owner of the intellectual property.
(2) “Intellectual property” means any trademark, service mark, trade name, label, term, picture, seal, word, or advertisement or any combination of these adopted or used by a person to identify such person's goods or services and which is lawfully filed for record in the Office of the Secretary of State of any state or which the exclusive right to reproduce is guaranteed under the laws of the United States or the District of Columbia.
(3) “Retail value” means the counterfeiter's regular selling price for the item or service bearing or identified by the counterfeit mark. In the case of items bearing a counterfeit mark which are components of a finished product, the retail value shall be the counterfeiter's regular selling price of the finished product on or in which the component would be utilized.
CREDIT(S)
(June 3, 1997, D.C. Law 11-271, § 2, 43 DCR 4585.)
Current through April 16, 2013
|
DC ST § 22-902
Formerly cited as DC ST 1981 § 22-752 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 9. Commercial Counterfeiting. (Refs & Annos)
§ 22-902. Trademark counterfeiting.
(a) A person commits the offense of counterfeiting if such person willfully manufactures, advertises, distributes, offers for sale, sells, or possesses with intent to sell or distribute any items, or services bearing or identified by a counterfeit mark. There shall be a rebuttable presumption that a person having possession, custody, or control of more than 15 items bearing a counterfeit mark possesses said items with the intent to sell or distribute.
(b) A person convicted of counterfeiting shall be subject to the following penalties:
(1) For the first conviction, except as provided in paragraphs (2) and (3) of this subsection, by a fine not exceeding $1,000 or by imprisonment for not more than 180 days, or both;
(2) For the second conviction, or if convicted under this section of an offense involving more than 100 but fewer than 1,000 items, or involving items with a total retail value greater than $1,000 but less than $10,000, by a fine not exceeding $3,000 or by imprisonment for not more than 3 years, or both; and
(3) For the third or subsequent conviction, or if convicted under this section of an offense involving the manufacture or production of items bearing counterfeit marks involving 1,000 or more items, or involving items with a total retail value of $10,000 or greater, by a fine not exceeding $10,000 or by imprisonment for not more than 10 years, or both.
(c) For the purposes of this chapter, the quantity or retail value of items or services shall include the aggregate quantity or retail value of all items bearing, or services identified by, every counterfeit mark the defendant manufactures, advertises, distributes, offers for sale, sells, or possesses.
(d) The fines provided in subsection (b) of this section shall be no less than 3 times the retail value of the items bearing, or services identified by, a counterfeit mark, unless extenuating circumstances are shown by the defendant.
(e) Any items bearing a counterfeit mark and all personal property, including, but not limited to, any items, objects, tools, machines, equipment, instrumentalities, or vehicles of any kind, employed or used in connection with a violation of this chapter shall be seized by any law enforcement officer, including any designated civilian employee of the Metropolitan Police Department, in accordance with the procedures established by § 48-905.02.
(1) All seized personal property shall be forfeited.
(2) Upon the request of the owner of the intellectual property, all seized items bearing a counterfeit mark shall be released to the intellectual property owner for destruction or disposition.
(3) If the owner of the intellectual property does not request release of seized items bearing a counterfeit mark, such items shall be destroyed unless the owner of the intellectual property consents to another disposition.
(f) Any state or federal certificate of registration of any intellectual property shall be prima facie evidence of the facts stated therein.
(g) The remedies provided for herein shall be cumulative to the other civil and criminal remedies provided by law.
CREDIT(S)
(June 3, 1997, D.C. Law 11-271, § 3, 43 DCR 4585; June 12, 1999, D.C. Law 12-284, § 3, 46 DCR 1328.)
Current through April 16, 2013
|
DC ST § 22-931 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 9A. Criminal Abuse and Neglect of Vulnerable Adults.
§ 22-931. Short title.
This chapter may be cited as the “Criminal Abuse and Neglect of Vulnerable Adults Act of 2000”.
CREDIT(S)
(June 8, 2001, D.C. Law 13-301, § 201, 47 DCR 7039.)
Current through April 16, 2013
|
DC ST § 22-932 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 9A. Criminal Abuse and Neglect of Vulnerable Adults.
§ 22-932. Definitions.
For the purpose of this chapter “vulnerable adult” means a person 18 years of age or older who has a physical or mental condition which substantially impairs the person from adequately providing for his or her own care or protection.
CREDIT(S)
(June 8, 2001, D.C. Law 13-301, § 202, 47 DCR 7039.)
Current through April 16, 2013
|
DC ST § 22-933 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 9A. Criminal Abuse and Neglect of Vulnerable Adults.
§ 22-933. Criminal Abuse of a Vulnerable Adult.
A person is guilty of criminal abuse of a vulnerable adult if that person intentionally or knowingly:
(1) Inflicts or threatens to inflict physical pain or injury by hitting, slapping, kicking, pinching, biting, pulling hair or other corporal means;
(2) Uses repeated or malicious oral or written statements that would be considered by a reasonable person to be harassing or threatening; or
(3) Imposes unreasonable confinement or involuntary seclusion, including but not limited to, the forced separation from other persons against his or her will or the directions of any legal representative.
CREDIT(S)
(June 8, 2001, D.C. Law 13-301, § 203, 47 DCR 7039.)
Current through April 16, 2013
|
DC ST § 22-934 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 9A. Criminal Abuse and Neglect of Vulnerable Adults.
§ 22-934. Criminal Negligence.
A person who knowingly, willfully or through a wanton, reckless or willful indifference fails to discharge a duty to provide care and services necessary to maintain the physical and mental health of a vulnerable adult, including but not limited to providing adequate food, clothing, medicine, shelter, supervision and medical services, that a reasonable person would deem essential for the well-being of the vulnerable adult is guilty of criminal negligence.
CREDIT(S)
(June 8, 2001, D.C. Law 13-301, § 204, 47 DCR 7039.)
Current through April 16, 2013
|
DC ST § 22-935 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 9A. Criminal Abuse and Neglect of Vulnerable Adults.
§ 22-935. Exception.
A person shall not be considered to commit an offense of abuse or neglect under this chapter for the sole reason that he provides or permits to be provided treatment by spiritual means through prayer alone in accordance with a religious method of healing, in lieu of medical treatment, to the vulnerable adult to whom he has a duty of care with the express consent or in accordance with the practice of the vulnerable adult.
CREDIT(S)
(June 8, 2001, D.C. Law 13-301, § 205, 47 DCR 7039.)
Current through April 16, 2013
|
DC ST § 22-936 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 9A. Criminal Abuse and Neglect of Vulnerable Adults.
§ 22-936. Penalties.
(a) A person who commits the offense of criminal abuse or criminal neglect of a vulnerable person shall be subject to a fine of up to $1000, imprisoned for not more than 180 days, or both.
(b) A person who commits the offense of criminal abuse or criminal neglect of a vulnerable adult which causes serious bodily injury or severe mental distress shall be subject to a fine of up to $100,000, imprisoned up to 10 years, or both.
(c) A person who commits the offense of criminal abuse or criminal neglect of a vulnerable adult which causes permanent bodily harm or death shall be subject to a fine of up to $250,000, imprisoned up to 20 years, or both.
CREDIT(S)
(June 8, 2001, D.C. Law 13-301, § 206, 47 DCR 7039.)
Current through April 16, 2013
|
DC ST § 22-951 |
Effective: April 24, 2007
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 9B. Criminal Street Gangs.
§ 22-951. Criminal street gangs.
(a)(1) It is unlawful for a person to solicit, invite, recruit, encourage, or otherwise cause, or attempt to cause, another individual to become a member of, remain in, or actively participate in what the person knows to be a criminal street gang.
(2) A person convicted of a violation of this subsection shall be fined not more than $1,000 or imprisoned for not more than 6 months, or both.
(b)(1) It is unlawful for any person who is a member of or actively participates in a criminal street gang to knowingly and willfully participate in any felony or violent misdemeanor committed for the benefit of, at the direction of, or in association with any other member or participant of that criminal street gang.
(2) A person convicted of a violation of this subsection shall be fined not more than $5,000 or imprisoned for not more than 5 years, or both.
(c)(1) It is unlawful for a person to use or threaten to use force, coercion, or intimidation against any person or property, in order to:
(A) Cause or attempt to cause an individual to:
(i) Join a criminal street gang;
(ii) Participate in activities of a criminal street gang;
(iii) Remain as a member of a criminal street gang; or
(iv) Submit to a demand made by a criminal street gang to commit a felony in violation of the laws of the District of Columbia, the United States, or any other state; or
(B) Retaliate against an individual for a refusal to:
(i) Join a criminal street gang;
(ii) Participate in activities of a criminal street gang;
(iii) Remain as a member of a criminal street gang; or
(iv) Submit to a demand made by a criminal street gang to commit a felony in violation of the laws of the District of Columbia, the United States, or any other state.
(2) A person convicted of a violation of this subsection shall be fined not more than $10,000 or imprisoned for not more than 10 years, or both.
(d) The penalties under this section are in addition to any other penalties permitted by law.
(e) For the purposes of this section, the term:
(1) “Criminal street gang” means an association or group of 6 or more persons that:
(A) Has as a condition of membership or continued membership, the committing of or actively participating in committing a crime of violence, as defined by § 23-1331(4)); or
(B) Has as one of its purposes or frequent activities, the violation of the criminal laws of the District, or the United States, except for acts of civil disobedience.
(2) “Violent misdemeanor” shall mean:
(A) Destruction of property (§ 22-303);
(B) Simple assault (§ 22-404(a));
(C) Stalking (§ 22-404(b));
(D) Threats to do bodily harm (§ 22-407);
(E) Criminal abuse or criminal neglect of a vulnerable adult (§ 22-936(a));
(F) Cruelty to animals (§ 22-1001(a)); and
(G) Possession of prohibited weapon (§ 22-4514).
CREDIT(S)
(Apr. 24, 2007, D.C. Law 16-306, § 101, 53 DCR 8610.)
Current through April 16, 2013
|
DC ST D. IV, T. 22, Subt. I, Ch. 10, Refs & Annos |
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 10. Cruelty to Animals.
Current through April 16, 2013
|
DC ST § 22-1001
Formerly cited as DC ST 1981 § 22-801 |
Effective: December 5, 2008
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 10. Cruelty to Animals. (Refs & Annos)
§ 22-1001. Definition and penalty.
(a)(1) Whoever knowingly overdrives, overloads, drives when overloaded, overworks, tortures, torments, deprives of necessary sustenance, cruelly chains, cruelly beats or mutilates, any animal, or knowingly causes or procures any animal to be so overdriven, overloaded, driven when overloaded, overworked, tortured, tormented, deprived of necessary sustenance, cruelly chained, cruelly beaten, or mutilated, and whoever, having the charge or custody of any animal, either as owner or otherwise, knowingly inflicts unnecessary cruelty upon the same, or unnecessarily fails to provide the same with proper food, drink, air, light, space, veterinary care, shelter, or protection from the weather, shall for every such offense be punished by imprisonment in jail not exceeding 180 days, or by fine not exceeding $250, or by both.
(2) The court may order a person convicted of cruelty to animals:
(A) To obtain psychological counseling, psychiatric or psychological evaluation, or to participate in an animal cruelty prevention or education program, and may impose the costs of the program or counseling on the person convicted;
(B) To forfeit any rights in the animal or animals subjected to cruelty;
(C) To repay the reasonable costs incurred prior to judgment by any agency caring for the animal or animals subjected to cruelty; and
(D) Not to own or possess an animal for a specified period of time.
(3) The court may order a child adjudicated delinquent for cruelty to animals to undergo psychiatric or psychological evaluation, or to participate in appropriate treatment programs or counseling, and may impose the costs of the program or counseling on the person adjudicated delinquent.
(b) For the purposes of this section, “cruelly chains” means attaching an animal to a stationary object or a pulley by means of a chain, rope, tether, leash, cable, or similar restraint under circumstances that may endanger its health, safety, or well-being. Cruelly chains includes, but is not limited to, the use of a chain, rope, tether, leash, cable or similar restraint that:
(1)
Exceeds 1/
(2) Causes the animal to choke;
(3) Is too short for the animal to move around or for the animal to urinate or defecate in a separate area from the area where it must eat, drink, or lie down;
(4) Is situated where it can become entangled;
(5) Does not permit the animal access to food, water, shade, dry ground, or shelter; or
(6) Does not permit the animal to escape harm.
(c) For the purposes of this section, “serious bodily injury” means bodily injury that involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, mutilation, or protracted loss or impairment of the function of a bodily member or organ. Serious bodily injury includes, but is not limited to, broken bones, burns, internal injuries, severe malnutrition, severe lacerations or abrasions, and injuries resulting from untreated medical conditions.
(d) Except where the animal is an undomesticated and dangerous animal such as rats, bats, and snakes, and there is a reasonable apprehension of an imminent attack by such animal on that person or another, whoever commits any of the acts or omissions set forth in subsection (a) of this section with the intent to commit serious bodily injury or death to an animal, or whoever, under circumstances manifesting extreme indifference to animal life, commits any of the acts or omissions set forth in subsection (a) of this section which results in serious bodily injury or death to the animal, shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment not exceeding 5 years, or by a fine not exceeding $25,000, or both.
CREDIT(S)
(Aug. 23, 1871, Leg. Assem., p. 135, ch. 106, § 1; Aug. 20, 1994, D.C. Law 10-151, § 102(a), 41 DCR 2608; June 8, 2001, D.C. Law 13-303, § 2(a), 47 DCR 7307; Dec. 5, 2008, D.C. Law 17-281, § 108(a), 55 DCR 9186.)
Current through April 16, 2013
|
DC ST § 22-1002
Formerly cited as DC ST 1981 § 22-802 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 10. Cruelty to Animals. (Refs & Annos)
§ 22-1002. Other cruelties to animals.
Every owner, possessor, or person having the charge or custody of any animal, who cruelly drives or works the same when unfit for labor, or cruelly abandons the same, or who carries the same, or causes the same to be carried, in or upon any vehicle, or otherwise, in an unnecessarily cruel or inhuman manner, or knowingly and wilfully authorizes or permits the same to be subjected to unnecessary torture, suffering, or cruelty of any kind, shall be punished for every such offense in the manner provided in § 22-1001.
CREDIT(S)
(Aug. 23, 1871, Leg. Assem., p. 135, ch. 106, § 2.)
Current through April 16, 2013
|
DC ST § 22-1002.01 |
Effective: December 5, 2008
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 10. Cruelty to Animals. (Refs & Annos)
§ 22-1002.01. Reporting requirements.
(a)(1) Any law enforcement or child or protective services employee who knows of or has reasonable cause to suspect an animal has been the victim of cruelty, abandonment, or neglect, or observes an animal at the home of a person reasonably suspected of child, adult, or animal abuse, shall provide a report within 2 business days to the Mayor. If the health and welfare of the animal is in immediate danger, the report shall be made within 6 hours.
(2) The report shall include:
(A) The name, title, and contact information of the individual making the report;
(B) The name and contact information, if known, of the owner or custodian of the animal;
(C) The location, along with a description, of where the animal was observed; and
(D) The basis for any suspicion of animal cruelty, abandonment, or neglect, including the date, time, and a description of the observation or incident which led the individual to make the report.
(b) When 2 or more law enforcement or child or protective services employees jointly suspect an animal has been the victim of cruelty, abandonment, or neglect, or jointly observe an animal at the home of a person reasonably suspected of child, adult, or animal abuse, a report may be made by one person by mutual agreement.
(c) No individual who in good faith reports a reasonable suspicion of abuse shall be liable in any civil or criminal action.
(d) Upon receipt of a report, any agency charged with the enforcement of animal cruelty laws shall make reasonable attempts to verify the welfare of the animal.
(e) For the purposes of this section, the terms “reasonable cause to suspect”, “suspect”, “reasonably suspected”, and “reasonable suspicion' ' mean a basis for reporting facts leading a person of ordinary care and prudence to believe and entertain a reasonable suspicion that criminal activity is occurring or has occurred.
CREDIT(S)
(June 25, 1892, 27 Stat. 61, ch. 135, § 2a, as added Dec. 5, 2008, D.C. Law 17-281, § 108(b), 55 DCR 9186.)
Current through April 16, 2013
|
DC ST § 22-1003
Formerly cited as DC ST 1981 § 22-803 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 10. Cruelty to Animals. (Refs & Annos)
§ 22-1003. Rest, water and feeding for animals transported by railroad company.
No railroad company, in the carrying or transportation of animals, shall permit the same to be confined in cars for a longer period than 24 hours, without unloading the same, for rest, water, and feeding, for a period of at least 5 consecutive hours, unless prevented from so unloading by storm or other accidental causes. In estimating such confinement the time during which such animals have been confined without such rest on connecting roads from which they are received shall be included; it being the intent of this section to prohibit their continuous confinement beyond the period of 24 hours, except upon contingencies hereinbefore stated. Animals so unloaded shall be properly fed, watered, and sheltered during such rest by the owner or person having the custody thereof, or in case of his default in so doing, then by the railroad company transporting the same, at the expense of said owner or persons in custody thereof. And said company shall, in such case, have a lien upon such animals for food, care, and custody furnished, and shall not be liable for any detention of such animals authorized by this section. Any company, owner, or custodian of such animals who fails to comply with the provisions of this section shall, for each and every such offense, be liable for and forfeit and pay a penalty of not less than $1 nor more than $500; provided, however, that when animals shall be carried in cars in which they can and do have proper food, water, space, and opportunity for rest, the foregoing provisions in regard to their being unloaded shall not apply.
CREDIT(S)
(Aug. 23, 1871, Leg. Assem., p. 135, ch. 106, § 3.)
Current through April 16, 2013
|
DC ST § 22-1004
Formerly cited as DC ST 1981 § 22-804 |
Effective: December 5, 2008
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 10. Cruelty to Animals. (Refs & Annos)
§ 22-1004. Arrests without warrant authorized; notice to owner.
(a) Any person found violating the laws in relation to cruelty to animals may be arrested and held without a warrant, in the manner provided by § 44-1505 and the person making an arrest, with or without a warrant, shall use reasonable diligence to give notice thereof to the owner of animals found in the charge or custody of the person arrested, and shall properly care and provide for such animals until the owner thereof shall take charge of the same; provided, the owner shall take charge of the same within 20 days from the date of said notice. The person making the arrest or the humane officer taking possession of an animal shall have a lien on said animals for the expense of such care and provisions.
(b)(1) A humane officer of the Washington Humane Society may take possession of any animal to protect it from neglect or cruelty. The person taking possession of the animal or animals, shall use reasonable diligence to give notice thereof to the owner of animals found in the charge or custody of the person arrested, and shall properly care and provide for the animals until the owner shall take charge of the animals; provided that, the owner shall take charge of the animals within 20 days from the date of the notice.
(2) If the owner or custodian of the animal or animals fails to respond after 20 days, the animal or animals shall become the property of the Washington Humane Society and the Washington Humane Society shall have the authority to:
(A) Place the animal or animals up for adoption in a suitable home;
(B) Retain the animal or animals, or
(C) Humanely destroy the animal or animals.
(c)(1) The Mayor shall establish by rulemaking a notice and hearing process for the owner of the animal to contest the seizure, detention, and terms of release and treatment of the animal, the allegation of cruelty, abandonment, or neglect, and the imposition of the lien and costs assessed for caring and providing for the animal.
(2) Within 30 days of December 5, 2008, the proposed rules shall be submitted to the Council for a 45-day period of review, excluding weekends, legal holidays, and days of Council recess. If the Council does not approve or disapprove of the proposed rules, by resolution, within the 45-day review period, the rules shall be deemed approved.
CREDIT(S)
(Aug. 23, 1871, Leg. Assem., p. 136, ch. 106, § 4; June 8, 2001, D.C. Law 13-303, § 2(b), 47 DCR 7307; Dec. 5, 2008, D.C. Law 17-281, § 108(c), 55 DCR 9186.)
Current through April 16, 2013
|
DC ST § 22-1005
Formerly cited as DC ST 1981 § 22-805 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 10. Cruelty to Animals. (Refs & Annos)
§ 22-1005. Issuance of search warrants.
When complaint is made by any humane officer of the Washington Humane Society on oath or affirmation, to any magistrate authorized to issue warrants in criminal cases, that the complainant believes, and has reasonable cause to believe, that the laws in relation to cruelty to animals have been or are being violated in any particular building or place, such magistrate, if satisfied that there is reasonable cause for such belief, shall issue a search warrant, authorizing any marshal, deputy marshal, police officer, or any humane officer of the Washington Humane Society to search such building or place.
CREDIT(S)
(Aug. 23, 1871, Leg. Assem., p. 136, ch. 106, § 5; Feb. 13, 1885, 23 Stat. 302, ch. 58, § 1; Mar. 3, 1901, 31 Stat. 1195, ch. 854, § 41; June 8, 2001, D.C. Law 13-303, § 2(c), 47 DCR 7307.)
Current through April 16, 2013
|
DC ST § 22-1006
Formerly cited as DC ST 1981 § 22-806 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 10. Cruelty to Animals. (Refs & Annos)
§ 22-1006. Prosecution of offenders; disposition of fines.
It shall be the duty of all marshals, deputy marshals, police officers, or any humane officer of the Washington Humane Society, to prosecute all violations of the provisions of §§ 22-1001 to 22-1009 and §§ 22-1011, 22-1013, and 22-1014, which shall come to their notice or knowledge, and fines and forfeitures collected upon or resulting from the complaint or information of any humane officer of the Washington Humane Society under §§ 22-1001 to 22-1009 and §§ 22-1011, 22-1013, and 22-1014 shall inure and be paid over to said association, in aid of the benevolent objects for which it was incorporated.
CREDIT(S)
(Aug. 23, 1871, Leg. Assem., p. 137, ch. 106, § 6; Feb. 13, 1885, 23 Stat. 302, ch. 58, § 1; Mar. 3, 1901, 31 Stat. 1195, ch. 854, § 41; June 8, 2001, D.C. Law 13-303, § 2(d), 47 DCR 7307.)
Current through April 16, 2013
|
DC ST § 22-1006.01
Formerly cited as DC ST 2001 § 22-1015 |
Effective: December 5, 2008
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 10. Cruelty to Animals. (Refs & Annos)
§ 22-1006.01. Penalty for engaging in animal fighting.
(a) Any person who: (1) organizes, sponsors, conducts, stages, promotes, is employed at, collects an admission fee for, or bets or wagers any money or other valuable consideration on the outcome of an exhibition between two or more animals of fighting, baiting, or causing injury to each other; (2) any person who owns, trains, buys, sells, offers to buy or sell, steals, transports, or possesses any animal with the intent that it engage in any such exhibition; (3) any person who knowingly allows any animal used for such fighting or baiting to be kept, boarded, housed, or trained on, or transported in, any property owned or controlled by him; (4) any person who owns, manages, or operates any facility and knowingly allows that facility to be kept or used for the purpose of fighting or baiting any animal; (5) any person who knowingly or recklessly permits any act described in this subsection, to be done on any premises under his or her ownership or control, or who aids or abets that act; or (6) any person who is knowingly present as a spectator at any such exhibition, is guilty of a felony, punishable by a fine of not more than $25,000, imprisonment not to exceed 5 years, or both. The court may also impose any penalties listed in § 22-1001(a).
(b) Repealed.
(c) For the purposes of this section, the term:
(1) “Animal” means a vertebrate other than a human, including, but not limited to, dogs and cocks.
(2) “Baiting” means to attack with violence, to provoke, or to harass an animal with one or more animals for the purpose of training an animal for, or to cause an animal to engage in, fights with or among other animals.
(3) “Fighting” means an organized event wherein there is a display of combat between 2 or more animals in which the fighting, killing, maiming, or injuring of an animal is a significant feature, or main purpose, of the event.
CREDIT(S)
(June 25, 1892, 27 Stat. 61, ch. 135, § 6a, as added June 8, 2001, D.C. Law 13-303, § 3(a), 47 DCR 7307; Dec. 5, 2008, D.C. Law 17-281, § 109, 55 DCR 9186.)
Current through April 16, 2013
|
DC ST § 22-1007
Formerly cited as DC ST 1981 § 22-807 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 10. Cruelty to Animals. (Refs & Annos)
§ 22-1007. Impounded animals to be supplied with food and water.
Any person who shall impound, or cause to be impounded in any pound, any creature, shall supply the same, during such confinement, with a sufficient quantity of good and wholesome food and water; and in default thereof shall, upon conviction, be punished for every such offense in the same manner provided in § 22-1001.
CREDIT(S)
(Aug. 23, 1871, Leg. Assem., p. 137, ch. 106, § 7.)
Current through April 16, 2013
|
DC ST § 22-1008
Formerly cited as DC ST 1981 § 22-808 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 10. Cruelty to Animals. (Refs & Annos)
§ 22-1008. Relief of impounded animals.
In case any creature shall be at any time impounded as aforesaid, and shall continue to be without necessary food and water for more than 12 successive hours, it shall be lawful for any officer of the Washington Humane Society, from time to time, and as often as it shall be necessary, to enter into and upon any pound in which such creature shall be so confined, and supply it with necessary food and water so long as it shall remain so confined; such person shall not be liable to any action for such entry, and the reasonable cost for such food and water may be collected of the owner of such creature, and the said creature shall not be exempt from levy and sale upon execution issued upon a judgment thereof.
CREDIT(S)
(Aug. 23, 1871, Leg. Assem., p. 137, ch. 106, § 8; Feb. 13, 1885, 23 Stat. 302, ch. 58, § 1.)
Current through April 16, 2013
|
DC ST § 22-1009
Formerly cited as DC ST 1981 § 22-809 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 10. Cruelty to Animals. (Refs & Annos)
§ 22-1009. Keeping or using place for fighting or baiting of fowls or animals; arrest without warrant.
Any person or persons who shall keep or use, or in any way be connected with or interested in the management of, or shall receive money for the admission of any person to any place kept or used for the purpose of fighting or baiting of fowls or animals, may be arrested without a warrant, as provided in § 44-1505, and for every such offense be punished in the same manner provided in § 22-1001.
CREDIT(S)
(Aug. 23, 1871, Leg. Assem., p. 137, ch. 106, § 9.)
Current through April 16, 2013
|
DC ST § 22-1010
Formerly cited as DC ST 1981 § 22-810 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 10. Cruelty to Animals. (Refs & Annos)
§ 22-1010. Penalty for engaging in cockfighting or animal fighting. [Repealed]
CREDIT(S)
(June 25, 1892, 27 Stat. 61, ch. 135, § 6; Oct. 18, 1988, D.C. Law 7-176, § 7(d), 35 DCR 4787; Aug. 20, 1994, D.C. Law 10-151, § 103, 41 DCR 2608; June 8, 2001, D.C. Law 13-303, § 3(a), 47 DCR 7307.)
Current through April 16, 2013
|
DC ST § 22-1011
Formerly cited as DC ST 1981 § 22-811 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 10. Cruelty to Animals. (Refs & Annos)
§ 22-1011. Neglect of sick or disabled animals.
If any maimed, sick, infirm, or disabled animal shall fail to receive proper food or shelter from said owner or person in charge of the same for more than 5 consecutive hours, such person shall, for every such offense, be punished in the same manner provided in § 22-1001.
CREDIT(S)
(Aug. 23, 1871, Leg. Assem., p. 138, ch. 106, § 10; June 25, 1892, 27 Stat. 60, ch. 135, § 4.)
Current through April 16, 2013
|
DC ST § 22-1012
Formerly cited as DC ST 1981 § 22-812 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 10. Cruelty to Animals. (Refs & Annos)
§ 22-1012. Abandonment of maimed or diseased animal; destruction of diseased animals; disposition of animal or vehicle on arrest of driver; scientific experiments.
(a) A person being the owner or possessor or having charge or custody of a maimed, diseased, disabled, or infirm animal who abandons such animal, or leaves it to lie in the street or road, or public place, more than 3 hours after he or she receives notice that it is left disabled, is guilty of a misdemeanor punishable by a fine of not less than $10 nor more than $250, or by imprisonment in jail not more than 180 days, or both. Any agent or officer of the Washington Humane Society may lawfully destroy, or cause to be destroyed, any animal found abandoned and not properly cared for, appearing, in the judgment of 2 reputable citizens called by such officer to view the same in such officer's presence, to be glandered, injured, or diseased past recovery for any useful purpose. When any person arrested is, at the time of such arrest, in charge of any animal, or of any vehicle drawn by any animal, or containing any animal, any agent of said society may take charge of such animal and such vehicle and its contents and deposit the same in a place of safe custody or deliver the same into the possession of the police authorities, who shall assume the custody thereof; and all necessary expenses incurred in taking charge of such property shall be a lien thereon.
(b) Nothing contained in §§ 22-1001 to 22-1009, inclusive, and §§ 22-1011 and 22-1309 shall be construed to prohibit or interfere with any properly conducted scientific experiments or investigations, which experiments shall be performed only under the authority of the faculty of some regularly incorporated medical college, university, or scientific society.
CREDIT(S)
(Aug. 23, 1871, Leg. Assem., p. 138, ch. 106, § 11; June 25, 1892, 27 Stat. 60, ch. 135, § 4; May 21, 1994, D.C. Law 10-119, § 6, 41 DCR 1639; Aug. 20, 1994, D.C. Law 10-151, § 102(b), 41 DCR 2608.)
Current through April 16, 2013
|
DC ST § 22-1013
Formerly cited as DC ST 1981 § 22-813 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 10. Cruelty to Animals. (Refs & Annos)
§ 22-1013. Definitions.
In §§ 22-1001 to 22-1009, inclusive, and § 22-1011, the word “animals” or “animal” shall be held to include all living and sentient creatures (human beings excepted), and the words “owner,” “persons,” and “whoever” shall be held to include corporations and incorporated companies as well as individuals.
CREDIT(S)
(Aug. 23, 1871, Leg. Assem., p. 138, ch. 106, § 12; June 25, 1892, 27 Stat. 60, ch. 135, § 3.)
Current through April 16, 2013
|
DC ST § 22-1014
Formerly cited as DC ST 1981 § 22-814 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 10. Cruelty to Animals. (Refs & Annos)
§ 22-1014. Docking tails of horses. [Repealed]
CREDIT(S)
(June 25, 1892, 27 Stat. 61, ch. 135, § 5; Mar. 2, 1911, 36 Stat. 1003, ch. 192; May 10, 1989, D.C. Law 7-231, § 29, 36 DCR 492; Apr. 29, 2004, D.C. Law 15-154, § 5, 50 DCR 10996.)
Current through April 16, 2013
|
DC ST § 22-1015 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 10. Cruelty to Animals. (Refs & Annos)
§ 22-1015. Penalty for engaging in animal fighting.
Recodified as § 22-1006.01.
CREDIT(S)
(June 25, 1892, 27 Stat. 61, ch. 135, § 6a, as added June 8, 2001, D.C. Law 13-303, § 3(a), 47 DCR 7307; Dec. 5, 2008, D.C. Law 17-281, § 109, 55 DCR 9186.)
Current through April 16, 2013
|
DC ST D. IV, T. 22, Subt. I, Ch. 11, Refs & Annos |
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 11. Cruelty to Children.
Current through April 16, 2013
|
DC ST § 22-1101
Formerly cited as DC ST 1981 § 22-901 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 11. Cruelty to Children. (Refs & Annos)
§ 22-1101. Definition and penalty.
(a) A person commits the crime of cruelty to children in the first degree if that person intentionally, knowingly, or recklessly tortures, beats, or otherwise willfully maltreats a child under 18 years of age or engages in conduct which creates a grave risk of bodily injury to a child, and thereby causes bodily injury.
(b) A person commits the crime of cruelty to children in the second degree if that person intentionally, knowingly, or recklessly:
(1) Maltreats a child or engages in conduct which causes a grave risk of bodily injury to a child; or
(2) Exposes a child, or aids and abets in exposing a child in any highway, street, field house, outhouse or other place, with intent to abandon the child.
(c)(1) Any person convicted of cruelty to children in the first degree shall be fined not more than $10,000 or be imprisoned not more than 15 years, or both.
(2) Any person convicted of cruelty to children in the second degree shall be fined not more than $10,000 or be imprisoned not more than 10 years, or both.
CREDIT(S)
(Feb. 13, 1885, 23 Stat. 303, ch. 58, § 3; Mar. 3, 1901, 31 Stat. 1322, ch. 854, § 814; May 21, 1994, D.C. Law 10-119, § 7, 41 DCR 1639; Aug. 20, 1994, D.C. Law 10-151, § 201, 41 DCR 2608.)
Current through April 16, 2013
|
DC ST § 22-1102
Formerly cited as DC ST 1981 § 22-902 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 11. Cruelty to Children. (Refs & Annos)
§ 22-1102. Refusal or neglect of guardian to provide for child under 14 years of age.
Any person within the District of Columbia, of sufficient financial ability, who shall refuse or neglect to provide for any child under the age of 14 years, of which he or she shall be the parent or guardian, such food, clothing, and shelter as will prevent the suffering and secure the safety of such child, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to punishment by a fine of not more than $100, or by imprisonment in the Workhouse of the District of Columbia for not more than 3 months, or both such fine and imprisonment.
CREDIT(S)
(Mar. 3, 1901, 31 Stat. 1095, ch. 847, § 4.)
Current through April 16, 2013
|
DC ST § 22-1103
Formerly cited as DC ST 1981 § 22-903 to 22-906 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 11. Cruelty to Children. (Refs & Annos)
§§ 22-1103 to 22-1106. Wilful neglect or refusal to support wife or minor child; punishment; order of allowance; recognizance; trial under original charge; evidence of marriage; competency of witnesses; proof of wilful desertion; weekly payments by Superintendent of Workhouse for each day's confinement; collections by Clerk of Court to be deposited with Collector of Taxes and covered into Treasury. [Repealed]
CREDIT(S)
(July 29, 1970, 84 Stat. 586, Pub. L. 91-358, title I, § 165(a), (b).)
Current through April 16, 2013
|
DC ST § 22-1106
Formerly cited as DC ST 1981 § 22-903 to 22-906 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 11. Cruelty to Children. (Refs & Annos)
§§ 22-1103 to 22-1106. Wilful neglect or refusal to support wife or minor child; punishment; order of allowance; recognizance; trial under original charge; evidence of marriage; competency of witnesses; proof of wilful desertion; weekly payments by Superintendent of Workhouse for each day's confinement; collections by Clerk of Court to be deposited with Collector of Taxes and covered into Treasury. [Repealed]
CREDIT(S)
(July 29, 1970, 84 Stat. 586, Pub. L. 91-358, title I, § 165(a), (b).)
Current through April 16, 2013
|
DC ST § 22-1201
Formerly cited as DC ST 1981 § 22-3426 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 12. Debt Adjusting.
§ 22-1201. Debt adjusting; prohibitions; exceptions; penalties; prosecutions for violations. [Repealed]
CREDIT(S)
(May 22, 1970, 84 Stat. 264, Pub. L. 91-266; May 21, 1994, D.C. Law 10-119, § 19, 41 DCR 1639; Apr. 29, 2004, D.C. Law 15-154, § 6, 50 DCR 10996.)
Current through April 16, 2013
|
DC ST § 22-1211 |
Effective: June 9, 2011
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 12A. Detection Device Tampering.
§ 22-1211. Tampering with a detection device.
(a)(1) It is unlawful for a person who is required to wear a device as a condition of a protection order, pretrial, presentence, or predisposition release, probation, supervised release, parole, or commitment , or who is required to wear a device while incarcerated, to:
(A) Intentionally remove or alter the device, or to intentionally interfere with or mask or attempt to interfere with or mask the operation of the device; or
(B) Intentionally allow any unauthorized person to remove or alter the device, or to intentionally interfere with or mask or attempt to interfere with or mask the operation of the device.
(2) For the purposes of this subsection, the term “device” includes a bracelet, anklet, or other equipment with electronic monitoring capability or global positioning system or radio frequency identification technology.
(b) Whoever violates this section shall be fined not more than $1,000, imprisoned for not more than 180 days, or both.
CREDIT(S)
(Dec. 10, 2009, D.C. Law 18-88, § 103, 56 DCR 7413; June 3, 2011, D.C. Law 18-377, § 8, 58 DCR 1174.)
Current through April 16, 2013
|
DC ST § 22-1301
Formerly cited as DC ST 1981 § 22-1101 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 13. Disturbances of the Public Peace.
§ 22-1301. Affrays.
Whoever is convicted of an affray in the District shall be fined not more than $1,000 or imprisoned not more than 180 days, or both.
CREDIT(S)
(July 16, 1912, 37 Stat. 192, ch. 235, § 1; Dec. 23, 1963, 77 Stat. 617, Pub. L. 88-241, § 11(a); Aug. 20, 1994, D.C. Law 10-151, § 107, 41 DCR 2608.)
Current through April 16, 2013
|
DC ST § 22-1302
Formerly cited as DC ST 1981 § 22-1102 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 13. Disturbances of the Public Peace.
§ 22-1302. Duelling challenges. [Repealed]
CREDIT(S)
(Mar. 3, 1901, 31 Stat. 1328, ch. 854, § 852; May 21, 1994, D.C. Law 10-119, § 2(f), 41 DCR 1639; Apr. 29, 2004, D.C. Law 15-154, § 3(d), 50 DCR 10996.)
Current through April 16, 2013
|
DC ST § 22-1303
Formerly cited as DC ST 1981 § 22-1103 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 13. Disturbances of the Public Peace.
§ 22-1303. Assault for refusal to accept challenge. [Repealed]
CREDIT(S)
(Mar. 3, 1901, 31 Stat. 1328, ch. 854, § 853; May 21, 1994, D.C. Law 10-119, § 2(g), 41 DCR 1639; Apr. 29, 2004, D.C. Law 15-154, § 3(e), 50 DCR 10996.)
Current through April 16, 2013
|
DC ST § 22-1304
Formerly cited as DC ST 1981 § 22-1104 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 13. Disturbances of the Public Peace.
§ 22-1304. Leaving District to give or receive challenge. [Repealed]
CREDIT(S)
(Mar. 3, 1901, 31 Stat. 1328, ch. 854, § 854; Apr. 29, 2004, D.C. Law 15-154, § 3(f), 50 DCR 10996.)
Current through April 16, 2013
|
DC ST § 22-1305
Formerly cited as DC ST 1981 § 22-1105, 22-1106 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 13. Disturbances of the Public Peace.
§§ 22-1305, 22-1306. Prize fights and animal fights prohibited; “pugilistic encounter” defined. [Repealed]
CREDIT(S)
(June 25, 1948, 62 Stat. 862, ch. 645, § 21.)
Current through April 16, 2013
|
DC ST § 22-1306
Formerly cited as DC ST 1981 § 22-1105, 22-1106 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 13. Disturbances of the Public Peace.
§§ 22-1305, 22-1306. Prize fights and animal fights prohibited; “pugilistic encounter” defined. [Repealed]
CREDIT(S)
(June 25, 1948, 62 Stat. 862, ch. 645, § 21.)
Current through April 16, 2013
|
DC ST § 22-1307
Formerly cited as DC ST 1981 § 22-1107 |
Effective: May 25, 2011
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 13. Disturbances of the Public Peace.
§ 22-1307. Blocking passage.
It is unlawful for a person, alone or in concert with others, to crowd, obstruct, or incommode the use of any street, avenue, alley, road, highway, or sidewalk, or the entrance of any public or private building or enclosure or the use of or passage through any public conveyance, and to continue or resume the crowding, obstructing, or incommoding after being instructed by a law enforcement officer to cease the crowding, obstructing, or incommoding. A person who violates any provision of this section shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than $500, imprisoned for not more than 90 days, or both.
CREDIT(S)
(July 29, 1892, 27 Stat. 323, ch. 320, § 6; July 8, 1898, 30 Stat. 723, ch. 638; June 29, 1953, 67 Stat. 97, ch. 159, § 210; May 26, 2011, D.C. Law 18-375, § 2(a), 58 DCR 731.)
Current through April 16, 2013
|
DC ST § 22-1308
Formerly cited as DC ST 1981 § 22-1108 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 13. Disturbances of the Public Peace.
§ 22-1308. Playing games in streets.
It shall not be lawful for any person or persons to play the game of football, or any other game with a ball, in any of the streets, avenues, or alleys in the City of Washington; nor shall it be lawful for any person or persons to play the game of bandy, shindy, or any other game by which a ball, stone, or other substance is struck or propelled by any stick, cane, or other substance in any street, avenue, or alley in the City of Washington, under a penalty of not more than $5 for each and every such offense.
CREDIT(S)
(July 29, 1892, 27 Stat. 325, ch. 320, § 17; Feb. 11, 1895, 28 Stat. 650, ch. 79.)
Current through April 16, 2013
|
DC ST § 22-1309
Formerly cited as DC ST 1981 § 22-1109 |
Effective: July 23, 2008
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 13. Disturbances of the Public Peace.
§ 22-1309. Throwing stones or other missiles.
It shall not be lawful for any person or persons within the District of Columbia to throw any stone or other missile in any street, avenue, alley, road, or highway, or open space, or public square, or inclosure, or to throw any stone or other missile from any place into any street, avenue, road, or highway, alley, open space, public square, or inclosure, under a penalty of not more than $500 for every such offense.
CREDIT(S)
(July 29, 1892, 27 Stat. 322, ch. 320, § 3; July 23, 2008, D.C. Law 17-206, § 3, 55 DCR 5168.)
Current through April 16, 2013
|
DC ST § 22-1310
Formerly cited as DC ST 1981 § 22-1110 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 13. Disturbances of the Public Peace.
§ 22-1310. Urging dogs to fight or create disorder.
It shall not be lawful for any person or persons to entice, induce, urge, or cause any dogs to engage in a fight in any street, alley, road, or highway, open space, or public square in the District of Columbia, or to urge, entice, or cause such dogs to continue or prolong such fight, under a penalty of not more than $1,000 for each and every offense; and any person or persons who shall induce or cause any animal of the dog kind to run after, bark at, frighten, or bite any person, horse, or horses, cows, cattle of any kind, or other animals lawfully passing along or standing in or on any street, avenue, road, or highway, or alley in the District of Columbia, shall forfeit and pay for such offense a sum not exceeding $1,000.
CREDIT(S)
(July 29, 1892, 27 Stat. 324, ch. 320, § 10; Oct. 18, 1988, D.C. Law 7-176, § 7, 35 DCR 4787; Aug. 20, 1994, D.C. Law 10-151, § 104, 41 DCR 2608.)
Current through April 16, 2013
|
DC ST § 22-1311
Formerly cited as DC ST 1981 § 22-1111 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 13. Disturbances of the Public Peace.
§ 22-1311. Allowing dogs to go at large.
(a) If any owner or possessor of a fierce or dangerous dog shall permit the same to go at large, knowing said dog to be fierce or dangerous, to the danger or annoyance of the inhabitants, he shall upon conviction thereof, be punished by a fine not exceeding $5,000; and if such animal shall attack or bite any person, the owner or possessor thereof shall, on conviction, be punished by a fine not exceeding $10,000, and in addition to such punishment the court shall adjudge and order that such animal be forthwith delivered to the poundmaster, and said poundmaster is hereby authorized and directed to kill such animal so delivered to him.
(b) If any owner or possessor of a female dog shall permit her to go at large in the District of Columbia while in heat, he shall, upon conviction thereof, be punished by a fine not exceeding $20.
CREDIT(S)
(June 19, 1878, 20 Stat. 174, ch. 323, § 9; June 30, 1902, 32 Stat. 547, ch. 1332; Oct. 18, 1988, D.C. Law 7-176, § 7(f), 35 DCR 4787.)
Current through April 16, 2013
|
DC ST § 22-1312
Formerly cited as DC ST 1981 § 22-1112 |
Effective: September 26, 2012
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 13. Disturbances of the Public Peace.
§ 22-1312. Lewd, indecent, or obscene acts.
It is unlawful for a person, in public, to make an obscene or indecent exposure of his or her genitalia or anus, to engage in masturbation, or to engage in a sexual act as defined in § 22-3001(8). It is unlawful for a person to make an obscene or indecent sexual proposal to a minor. A person who violates any provision of this section shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than $500, imprisoned for not more than 90 days, or both.
CREDIT(S)
(July 29, 1892, 27 Stat. 324, ch. 320, § 9; July 8, 1898, 30 Stat. 724, ch. 638; Sept. 26, 1942, 56 Stat. 760, ch. 565; June 9, 1948, 62 Stat. 346, ch. 428, title I, § 101; June 29, 1953, 67 Stat. 92, ch. 159, § 202(a)(1); Apr. 24, 2007, D.C. Law 16-306, § 210, 53 DCR 8610; May 26, 2011, D.C. Law 18-375, § 2(b), 58 DCR 731; Sept. 26, 2012, D.C. Law 19-171, § 79, 59 DCR 6190.)
Current through April 16, 2013
|
DC ST § 22-1313
Formerly cited as DC ST 1981 § 22-1113 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 13. Disturbances of the Public Peace.
§ 22-1313. Kindling bonfires.
It shall not be lawful for any person or persons within the limits of the District of Columbia to kindle or set on fire, or be present, aiding, consenting, or causing it to be done, in any street, avenue, road, or highway, alley, open ground, or lot, any box, barrel, straw, shavings, or other combustible, between the setting and rising of the sun; and, any person offending against the provisions of this section shall on conviction thereof, forfeit and pay a sum not exceeding $10 for each and every offense.
CREDIT(S)
(July 29, 1892, 27 Stat. 325, ch. 320, § 14.)
Current through April 16, 2013
|
DC ST § 22-1314
Formerly cited as DC ST 1981 § 22-1114 |
Effective: May 25, 2011
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 13. Disturbances of the Public Peace.
§ 22-1314. Disturbing religious congregation. [Repealed]
CREDIT(S)
(July 29, 1892, 27 Stat. 324, ch. 320, § 11; May 26, 2011, D.C. Law 18-375, § 2(c), 58 DCR 731.)
Current through April 16, 2013
|
DC ST § 22-1314.01
Formerly cited as DC ST 1981 § 22-1114.1 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 13. Disturbances of the Public Peace.
§ 22-1314.01. Definitions.
For the purpose of § 22-1314.02, the term:
(1) “Health professional” means a person licensed to practice a health occupation in the District pursuant to § 3-1201.01.
(2) “Medical facility” includes a hospital, clinic, physician's office, or other facility that provides health or surgical services.
(3) “Person” shall not include:
(A) The chief medical officer of the medical facility or his or her designee;
(B) The chief executive officer of the medical facility or his or her designee;
(C) An agent of the medical facility; or
(D) A law enforcement officer in the performance of his or her official duty.
CREDIT(S)
(July 29, 1892, 27 Stat. 322, ch. 320, § 11a, as added Sept. 20, 1996, D.C. Law 11-157, § 2, 43 DCR 3699.)
Current through April 16, 2013
|
DC ST § 22-1314.02
Formerly cited as DC ST 1981 § 22-1114.2 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 13. Disturbances of the Public Peace.
§ 22-1314.02. Prohibited acts.
(a) It shall be unlawful for a person, except as otherwise authorized by District or federal law, alone or in concert with others, to willfully or recklessly interfere with access to or from a medical facility or to willfully or recklessly disrupt the normal functioning of such facility by:
(1) Physically obstructing, impeding, or hindering the free passage of an individual seeking to enter or depart the facility or from the common areas of the real property upon which the facility is located;
(2) Making noise that unreasonably disturbs the peace within the facility;
(3) Trespassing on the facility or the common areas of the real property upon which the facility is located;
(4) Telephoning the facility repeatedly to harass or threaten owners, agents, patients, and employees, or knowingly permitting any telephone under his or her control to be so used for the purpose of threatening owners, agents, patients, and employees; or
(5) Threatening to inflict injury on the owners, agents, patients, employees, or property of the medical facility or knowingly permitting any telephone under his or her control to be used for such purpose.
(b) A person shall not act alone or in concert with others with the intent to prevent a health professional or his or her family from entering or leaving the health professional's home.
(c) Subsections (a) and (b) of this section shall not be construed to prohibit any otherwise lawful picketing or assembly.
(d) Any person who violates subsections (a) or (b) of this section, upon conviction, shall be fined not more than $1,000, imprisoned for not more than 180 days, or both.
CREDIT(S)
(July 29, 1892, 27 Stat. 322, ch. 320, § 11b, as added Sept. 20, 1996, D.C. Law 11-157, § 2, 43 DCR 3699.)
Current through April 16, 2013
|
DC ST § 22-1315
Formerly cited as DC ST 1981 § 22-1115 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 13. Disturbances of the Public Peace.
§ 22-1315. Interference with foreign diplomatic and consular offices, officers, and property--Prohibited. [Repealed]
CREDIT(S)
(May 7, 1988, D.C. Law 7-105, § 2, 35 DCR 728.)
Current through April 16, 2013
|
DC ST § 22-1317
Formerly cited as DC ST 1981 § 22-1117 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 13. Disturbances of the Public Peace.
§ 22-1317. Flying fire balloons or parachutes.
It shall not be lawful for any person or persons to set up or fly any fire balloon or parachute in or upon or over any street, avenue, alley, open space, public enclosure, or square within the limits of the City of Washington, under a penalty of not more than $10 for each and every such offense.
CREDIT(S)
(July 29, 1892, 27 Stat. 322, ch. 320, § 4; Feb. 11, 1895, 28 Stat. 650, ch. 79; July 29, 1970, 84 Stat. 667, Pub. L. 91-358, title VIII, § 802.)
Current through April 16, 2013
|
DC ST § 22-1318
Formerly cited as DC ST 1981 § 22-1118 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 13. Disturbances of the Public Peace.
§ 22-1318. Driving or riding on footways in public grounds.
If any person shall drive or lead any horse, mule, or other animal, or any cart, wagon, or other carriage whatever on any of the paved or graveled footways in and on any of the public grounds belonging to the United States within the District of Columbia, or shall ride thereon, except at the intersection of streets, alleys, and avenues, each and every such offender shall forfeit and pay for each offense a sum not less than $1 nor more than $5.
CREDIT(S)
(July 29, 1892, 27 Stat. 325, ch. 320, § 16.)
Current through April 16, 2013
|
DC ST § 22-1319
Formerly cited as DC ST 1981 § 22-1119 |
Effective: May 25, 2011
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 13. Disturbances of the Public Peace.
§ 22-1319. False alarms and false reports; hoax weapons.
(a) It shall be unlawful for any person or persons to willfully or knowingly give a false alarm of fire within the District of Columbia, and any person or persons violating the provisions of this subsection shall, upon conviction, be deemed guilty of a misdemeanor and be punished by a fine not exceeding $1,000 or by imprisonment for not more than 6 months, or by both such fine and imprisonment. Prosecutions for violation of the provisions of this subsection shall be on information filed in the Superior Court of the District of Columbia by the Office of the Attorney General for the District of Columbia.
(a-1) It shall be unlawful for any person or persons to willfully or knowingly use, or allow the use of, the 911 call system to make a false or fictitious report or complaint which initiates a response by District of Columbia emergency personnel or officials when, at the time of the call or transmission, the person knows the report or complaint is false. Any person or persons violating the provisions of this subsection shall, upon conviction, be deemed guilty of a misdemeanor and be punished by a fine not exceeding $1,000 or by imprisonment for not more than 6 months. Prosecutions for violation of the provisions of this subsection shall be on information filed in the Superior Court of the District of Columbia by the Office of the Attorney General for the District of Columbia.
(b)(1) It shall be unlawful for any person to willfully or knowingly make, or cause to be made, a false or fictitious report to any individual which initiates a response by District of Columbia emergency personnel or officials, wherein such report involves, is alleged to involve, or may reasonably be deemed to involve, the delivery, presence, or use of a weapon of mass destruction, as defined by § 22-3152(12), within the District of Columbia.
(2) It shall be a violation of this subsection for any person to willfully and knowingly give, transport, mail, send, or cause to be sent any hoax weapon of mass destruction, as defined by § 22-3152(3), to another person or to place any such hoax weapon of mass destruction in or upon any real or personal property.
(3) Any person violating the provisions of this subsection shall, upon conviction, be guilty of a misdemeanor and be punished by imprisonment of not more than one year or fined in an amount not to exceed the greater of $10,000 or the costs of responding to and consequential damages resulting from the offense, or both.
(c)(1) It shall be unlawful for anyone to willfully or knowingly, with the intent of intimidating or frightening people, causing panic or civil unrest, extorting profit, or causing economic damage, make, or cause to be made, a false or fictitious report to any individual, which initiates a response by District of Columbia emergency personnel or officials, wherein such report involves, is alleged to involve, or may reasonably be deemed to involve, the delivery, presence, or use of a weapon of mass destruction, as defined by § 22-3152(12), within the District of Columbia.
(2) It shall be a violation of this subsection for any person to willfully or knowingly, with the intent of intimidating or frightening people, causing panic or civil unrest, extorting profit, or causing economic damage, give, transport, mail, send, or cause to be sent any hoax weapon of mass destruction, as defined by § 22-3152(3), to another person or to place any such hoax weapon of mass destruction in or upon any real or personal property.
(3) Any person violating the provisions of this subsection shall, upon conviction, be guilty of a felony and may be punished by imprisonment of not more than 5 years or fined in an amount not to exceed the greater of $50,000 or the costs of responding to and consequential damages resulting from the offense, or both.
(d)(1) It shall be unlawful for any person to willfully or knowingly, during a state of emergency, as declared by the Mayor pursuant to § 7-2304, with the intent of intimidating or frightening people, causing panic or civil unrest, extorting profit, or causing economic damage, make, or cause to be made, a false or fictitious report to any individual, which initiates a response by District of Columbia emergency personnel or officials, wherein such report involves, is alleged to involve, or may reasonably be deemed to involve, the delivery, presence, or use of a weapon of mass destruction, as defined by § 22-3152(12), within the District of Columbia.
(2) It shall be a violation of this subsection for any person to willfully or knowingly, during a state of emergency, as declared by the Mayor pursuant to § 7-2304, with the intent of intimidating or frightening people, causing panic or civil unrest, extorting profit, or causing economic damage, give, transport, mail, send, or cause to be sent any hoax weapon of mass destruction, as defined by § 22-3152(3), to another person or to place any such hoax weapon of mass destruction in or upon any real or personal property.
(3) Any person violating the provisions of this subsection shall, upon conviction, be guilty of a felony and may be punished by imprisonment of not more than 10 years or fined in an amount not to exceed $100,000 or the cost of responding to and consequential damages resulting from the offense, or both.
(e) For the purposes of subsections (b), (c), and (d) of this section, the manner in which the false or fictitious report is communicated may include, but is not limited to:
(1) A writing;
(2) An electronic transmission producing a visual, audio, or written result;
(3) An oral statement; or
(4) A signing.
(f) There is jurisdiction to prosecute any person who participates in the commission of any offense described in this section if any act in furtherance of the offense occurs in the District of Columbia or where the effect of any act in furtherance of the offense occurs in the District of Columbia.
CREDIT(S)
(June 8, 1906, 34 Stat. 220, ch. 3055, § 1; Apr. 1, 1942, 56 Stat. 190, ch. 207, § 1; July 8, 1963, 77 Stat. 77, Pub. L. 88-60, § 1; July 29, 1970, 84 Stat. 570, Pub. L. 91-358, title I, § 155(a); May 21, 1994, D.C. Law 10-119, § 8, 41 DCR 1639; Oct. 17, 2002, D.C. Law 14-194, § 153, 49 DCR 5306; Apr. 7, 2006, D.C. Law 16-91, § 142, 52 DCR 10637; May 26, 2011, D.C. Law 18-373, § 3, 58 DCR 613.)
Current through April 16, 2013
|
DC ST § 22-1320
Formerly cited as DC ST 1981 § 22-1120 |
Effective: July 23, 2010
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 13. Disturbances of the Public Peace.
§ 22-1320. Sale of tobacco to minors under 18 years of age.
Recodified as § 7-1721.02
CREDIT(S)
(Feb. 7, 1891, 26 Stat. 736, ch. 117; May 2, 1991, D.C. Law 8-262, § 3, 37 DCR 8434.)
Current through April 16, 2013
|
DC ST § 22-1321
Formerly cited as DC ST 1981 § 22-1121 |
Effective: May 25, 2011
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 13. Disturbances of the Public Peace.
§ 22-1321. Disorderly conduct.
(a) In any place open to the general public, and in the communal areas of multi-unit housing, it is unlawful for a person to:
(1) Intentionally or recklessly act in such a manner as to cause another person to be in reasonable fear that a person or property in a person's immediate possession is likely to be harmed or taken;
(2) Incite or provoke violence where there is a likelihood that such violence will ensue; or
(3) Direct abusive or offensive language or gestures at another person (other than a law enforcement officer while acting in his or her official capacity) in a manner likely to provoke immediate physical retaliation or violence by that person or another person.
(b) It is unlawful for a person to engage in loud, threatening, or abusive language, or disruptive conduct, with the intent and effect of impeding or disrupting the orderly conduct of a lawful public gathering, or of a congregation of people engaged in any religious service or in worship, a funeral, or similar proceeding.
(c) It is unlawful for a person to engage in loud, threatening, or abusive language, or disruptive conduct, which unreasonably impedes, disrupts, or disturbs the lawful use of a public conveyance by one or more other persons.
(d) It is unlawful for a person to make an unreasonably loud noise between 10:00 p.m. and 7:00 a.m. that is likely to annoy or disturb one or more other persons in their residences.
(e) It is unlawful for a person to urinate or defecate in public, other than in a urinal or toilet.
(f) It is unlawful for a person to stealthily look into a window or other opening of a dwelling, as defined in § 6-101.07, under circumstances in which an occupant would have a reasonable expectation of privacy. It is not necessary that the dwelling be occupied at the time the person looks into the window or other opening.
(g) It is unlawful, under circumstances whereby a breach of the peace may be occasioned, to interfere with any person in any public place by jostling against the person, unnecessarily crowding the person, or placing a hand in the proximity of the person's handbag, pocketbook, or wallet.
(h) A person who violates any provision of this section shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than $500, imprisoned not more than 90 days, or both.
CREDIT(S)
(June 29, 1953, 67 Stat. 98, ch. 159, § 211(a); redesignated § 211, May 21, 1994, D.C. Law 10-119, § 9(a), 41 DCR 1639; May 26, 2011, D.C. Law 18-375, § 3(a), 58 DCR 731.)
Current through April 16, 2013
|
DC ST § 22-1322
Formerly cited as DC ST 1981 § 22-1122 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 13. Disturbances of the Public Peace.
§ 22-1322. Rioting or inciting to riot.
(a) A riot in the District of Columbia is a public disturbance involving an assemblage of 5 or more persons which by tumultuous and violent conduct or the threat thereof creates grave danger of damage or injury to property or persons.
(b) Whoever willfully engages in a riot in the District of Columbia shall be punished by imprisonment for not more than 180 days or a fine of not more than $1,000, or both.
(c) Whoever willfully incites or urges other persons to engage in a riot shall be punished by imprisonment for not more than 180 days or a fine of not more than $1,000, or both.
(d) If in the course and as a result of a riot a person suffers serious bodily harm or there is property damage in excess of $5,000, every person who willfully incited or urged others to engage in the riot shall be punished by imprisonment for not more than 10 years or a fine of not more than $10,000, or both.
CREDIT(S)
(Dec. 27, 1967, 81 Stat. 742, Pub. L. 90-226, title IX, § 901; Aug. 20, 1994, D.C. Law 10-151, § 111, 41 DCR 2608.)
Current through April 16, 2013
|
DC ST § 22-1323
Formerly cited as DC ST 1981 § 22-1123 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 13. Disturbances of the Public Peace.
§ 22-1323. Obstructing bridges connecting D.C. and Virginia.
Effective with respect to conduct occurring on or after August 5, 1997, whoever in the District of Columbia knowingly and willfully obstructs any bridge connecting the District of Columbia and the Commonwealth of Virginia:
(1) Shall be fined not less than $1,000 and not more than $5,000, and in addition may be imprisoned not more than 30 days; or
(2) If applicable, shall be subject to prosecution by the District of Columbia under the provisions of District law and regulation amended by the Safe Streets Anti-Prostitution Amendment Act of 1996.
CREDIT(S)
(Aug. 5, 1997, 111 Stat. 782, Pub. L. 105-33, § 11712(e).)
Current through April 16, 2013
|
DC ST § 22-1341 |
Effective: December 10, 2009
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 13A. Entry Into a Motor Vehicle, Unlawful.
§ 22-1341. Unlawful entry of a motor vehicle.
(a) It is unlawful to enter or be inside of the motor vehicle of another person without the permission of the owner or person lawfully in charge of the motor vehicle. A person who violates this subsection shall, upon conviction, be fined not more than $500, imprisoned for not more than 90 days, or both.
(b) Subsection (a) of this section shall not apply to:
(1) An employee of the District government in connection with his or her official duties;
(2) A tow crane operator who has valid authorization from the District government or from the property owner on whose property the motor vehicle is illegally parked; or
(3) A person with a security interest in the motor vehicle who is legally authorized to seize the motor vehicle.
(c) For the purposes of this section, the term “enter the motor vehicle” means to insert any part of one's body into any part of the motor vehicle, including the passenger compartment, the trunk or cargo area, or the engine compartment.
CREDIT(S)
(Dec. 10, 2009, D.C. Law 18-88, § 102, 56 DCR 7413.)
Current through April 16, 2013
|
DC ST § 22-1401
Formerly cited as DC ST 1981 § 22-1301 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 14. False Pretenses; False Personation.
§ 22-1401. False pretenses. [Repealed]
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 602(p), 29 DCR 3976.)
Current through April 16, 2013
|
DC ST § 22-1402
Formerly cited as DC ST 1981 § 22-1302 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 14. False Pretenses; False Personation.
§ 22-1402. Recordation of deed, contract, or conveyance with intent to extort money.
Whoever having no title or color of title to the land affected shall maliciously cause to be recorded in the office of the Recorder of Deeds of the District of Columbia any deed, contract, or other instrument purporting to convey or to relate to any land in said District with intent to extort money or anything of value from any person owning such land, or having any interest therein, shall be fined not less than $1,000 or imprisoned not more than 180 days, or both.
CREDIT(S)
(June 30, 1902, 32 Stat. 535, ch. 1329, § 845a; Aug. 20, 1994, D.C. Law 10-151, § 106, 41 DCR 2608.)
Current through April 16, 2013
|
DC ST § 22-1403
Formerly cited as DC ST 1981 § 22-1303 |
Effective: September 12, 2008
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 14. False Pretenses; False Personation.
§ 22-1403. False personation.
(a) Whoever falsely personates another person before any court of record or judge thereof, or clerk of court, or any officer in the District authorized to administer oaths or take the acknowledgment of deeds or other instruments or to grant marriage licenses or accepts domestic partnership registrations, with intent to defraud, shall be imprisoned for not less than 1 year nor more than 5 years.
(b) For the purposes of this section, the term “domestic partnership” shall have the same meaning as provided in § 32-701(4).
CREDIT(S)
(Mar. 3, 1901, 31 Stat. 1330, ch. 854, § 859; Feb. 17, 1909, 35 Stat. 623, ch. 134; Sept. 12, 2008, D.C. Law 17-231, § 23(b), 55 DCR 6758.)
Current through April 16, 2013
|
DC ST § 22-1404
Formerly cited as DC ST 1981 § 22-1304 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 14. False Pretenses; False Personation.
§ 22-1404. Falsely impersonating public officer or minister.
Whoever falsely represents himself or herself to be a judge of the Superior Court of the District of Columbia, notary public, police officer, or other public officer, or a minister qualified to celebrate marriage, and attempts to perform the duty or exercise the authority pertaining to any such office or character, or having been duly appointed to any of such offices shall knowingly attempt to act as any such officers after his or her appointment or commission has expired or he or she has been dismissed from such office, shall suffer imprisonment in the penitentiary for not less than 1 year nor more than 3 years.
CREDIT(S)
(Mar. 3, 1901, 31 Stat. 1330, ch. 854, § 860; Feb. 17, 1909, 35 Stat. 623, ch. 134; July 8, 1963, 77 Stat. 77, Pub. L. 88-60, § 1; July 29, 1970, 84 Stat. 570, Pub. L. 91-358, title I, § 155(a); May 21, 1994, D.C. Law 10-119, § 2(h), 41 DCR 1639; May 17, 1996, D.C. Law 11-119, § 2, 43 DCR 528.)
Current through April 16, 2013
|
DC ST § 22-1405
Formerly cited as DC ST 1981 § 22-1305 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 14. False Pretenses; False Personation.
§ 22-1405. False personation of inspector of departments of District.
It shall be unlawful for any person in the District of Columbia to falsely represent himself or herself as being an inspector of the Department of Human Services of said District, or an inspector of any department of the District government; and any person so offending shall be deemed guilty of a misdemeanor, and on conviction in the Superior Court of the District of Columbia shall be punished by a fine of not less than $10 nor more than $50 for the 1st offense, and for each subsequent offense by a fine of not less than $50 nor more than $100, or imprisonment in the Jail of the District not exceeding 6 months, or both, in the discretion of the court.
CREDIT(S)
(Mar. 2, 1897, 29 Stat. 619, ch. 364; Apr. 1, 1942, 56 Stat. 190, ch. 207, § 1; July 8, 1963, 77 Stat. 77, Pub. L. 88-60, § 1; July 29, 1970, 84 Stat. 570, Pub. L. 91-358, title I, § 155(a).)
Current through April 16, 2013
|
DC ST § 22-1406
Formerly cited as DC ST 1981 § 22-1306 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 14. False Pretenses; False Personation.
§ 22-1406. False personation of police officer.
It shall be a misdemeanor, punishable by imprisonment in the District jail or penitentiary not exceeding 180 days, or by a fine not exceeding $1,000, for any person, not a member of the police force, to falsely represent himself as being such member, with a fraudulent design.
CREDIT(S)
(R.S., D.C., § 433; Aug. 20, 1994, D.C. Law 10-151, § 114, 41 DCR 2608.)
Current through April 16, 2013
|
DC ST § 22-1407
Formerly cited as DC ST 1981 § 22-1307 to 22-1308 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 14. False Pretenses; False Personation.
§§ 22-1407, 22-1408. Wearing or using insignia of certain organizations; false certificate of acknowledgment. [Repealed]
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 602(q), (r), 29 DCR 3976.)
Current through April 16, 2013
|
DC ST § 22-1408
Formerly cited as DC ST 1981 § 22-1307 to 22-1308 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 14. False Pretenses; False Personation.
§§ 22-1407, 22-1408. Wearing or using insignia of certain organizations; false certificate of acknowledgment. [Repealed]
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 602(q), (r), 29 DCR 3976.)
Current through April 16, 2013
|
DC ST § 22-1409 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 14. False Pretenses; False Personation.
§ 22-1409. Use of official insignia; penalty for unauthorized use.
(a) The Metropolitan Police Department and the Fire and Emergency Medical Services Department shall have the sole and exclusive rights to have and use, in carrying out their respective missions, the official badges, patches, emblems, copyrights, descriptive or designating marks, and other official insignia displayed upon their current and future uniforms.
(b) Any person who, for any reason, makes or attempts to make unauthorized use of, or aids or attempts to aid another person in the unauthorized use or attempted unauthorized use of the official badges, patches, emblems, copyrights, descriptive or designated marks, or other official insignia of the Metropolitan Police Department or the Fire and Emergency Medical Services Department shall, upon conviction, be fined not more than $1,000, imprisoned for not more than one year, or both.
CREDIT(S)
(June 3, 2002, D.C. Law 14-194, § 702, 49 DCR 5306.)
Current through April 16, 2013
|
DC ST § 22-1501
Formerly cited as DC ST 1981 § 22-1401 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 15. Forgery; Frauds.
§ 22-1501. Forgery. [Repealed]
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 602(s), 29 DCR 3976.)
Current through April 16, 2013
|
DC ST § 22-1502
Formerly cited as DC ST 1981 § 22-1402 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 15. Forgery; Frauds.
§ 22-1502. Forging or imitating brands or packaging of goods.
Whoever wilfully forges, or counterfeits, or makes use of any imitation calculated to deceive the public, though with colorable difference or deviation therefrom, of the private brand, wrapper, label, trademark, bottle, or package usually affixed or used by any person to or with the goods, wares, merchandise, preparation, or mixture of such person, with intent to pass off any work, goods, manufacture, compound, preparation, or mixture as the manufacture or production of such person which is not really such, shall be fined not more than $500 or imprisoned not more than 180 days, or both.
CREDIT(S)
(Mar. 3, 1901, 31 Stat. 1333, ch. 854, § 879; Aug. 20, 1994, D.C. Law 10-151, § 105(e), 41 DCR 2608.)
Current through April 16, 2013
|
DC ST § 22-1503
Formerly cited as DC ST 1981 § 22-1403 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 15. Forgery; Frauds.
§ 22-1503. Stealing, destroying, mutilating, secreting, or withholding will. [Repealed]
CREDIT(S)
(Sept. 14, 1965, 79 Stat. 783, Pub. L. 89-183, § 8.)
Current through April 16, 2013
|
DC ST § 22-1504
Formerly cited as DC ST 1981 § 22-1404, 22-1405 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 15. Forgery; Frauds.
§§ 22-1504, 22-1505. Decedent's estate--Secreting or converting property, documents, or assets; taking away or concealing writings. [Repealed]
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 602(t), (u), 29 DCR 3976.)
Current through April 16, 2013
|
DC ST § 22-1505
Formerly cited as DC ST 1981 § 22-1404, 22-1405 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 15. Forgery; Frauds.
§§ 22-1504, 22-1505. Decedent's estate--Secreting or converting property, documents, or assets; taking away or concealing writings. [Repealed]
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 602(t), (u), 29 DCR 3976.)
Current through April 16, 2013
|
DC ST § 22-1506
Formerly cited as DC ST 1981 § 22-1406 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 15. Forgery; Frauds.
§ 22-1506. Sale or concealment by conditional vendee, with intent to defraud. [Repealed]
CREDIT(S)
(Dec. 30, 1963, 77 Stat. 774, Pub. L. 88-243, § 15(a)(1).)
Current through April 16, 2013
|
DC ST § 22-1507
Formerly cited as DC ST 1981 § 22-1407 to 22-1409 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 15. Forgery; Frauds.
§§ 22-1507 to 22-1509. Fraud by use of slugs to operate coin-controlled mechanism; manufacture, sale, offer for sale, possession of slugs or device to operate coin-controlled mechanism; “person” defined. [Repealed]
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 602(v)-(x), 29 DCR 3976.)
Current through April 16, 2013
|
DC ST § 22-1509
Formerly cited as DC ST 1981 § 22-1407 to 22-1409 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 15. Forgery; Frauds.
§§ 22-1507 to 22-1509. Fraud by use of slugs to operate coin-controlled mechanism; manufacture, sale, offer for sale, possession of slugs or device to operate coin-controlled mechanism; “person” defined. [Repealed]
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 602(v)-(x), 29 DCR 3976.)
Current through April 16, 2013
|
DC ST § 22-1510
Formerly cited as DC ST 1981 § 22-1410 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 15. Forgery; Frauds.
§ 22-1510. Making, drawing, or uttering check, draft, or order with intent to defraud; proof of intent; “credit” defined.
Any person within the District of Columbia who, with intent to defraud, shall make, draw, utter, or deliver any check, draft, order, or other instrument for the payment of money upon any bank or other depository, knowing at the time of such making, drawing, uttering, or delivering that the maker or drawer has not sufficient funds in or credit with such bank or other depository for the payment of such check, draft, order, or other instrument in full upon its presentation, shall, if the amount of such check, draft, order, or other instrument is $100 or more, be guilty of a felony and fined not more than $3,000 or imprisoned for not less than 1 year nor more than 3 years, or both; or if the amount of such check, draft, order, or other instrument is less than $100, be guilty of a misdemeanor and fined not more than $1,000 or imprisoned not more than 180 days, or both. As against the maker or drawer thereof the making, drawing, uttering, or delivering by such maker or drawer of a check, draft, order, or other instrument, payment of which is refused by the drawee because of insufficient funds of the maker or drawer in its possession or control, shall be prima facie evidence of the intent to defraud and of knowledge of insufficient funds in or credit with such bank or other depository, provided such maker or drawer shall not have paid the holder thereof the amount due thereon, together with the amount of protest fees, if any, within 5 days after receiving notice in person, or writing, that such check, draft, order, or other instrument has not been paid. The word “credit,” as used herein, shall be construed to mean arrangement or understanding, express or implied, with the bank or other depository for the payment of such check, draft, order, or other instrument.
CREDIT(S)
(July 1, 1922, 42 Stat. 820, ch. 273; Oct. 22, 1970, 84 Stat. 1094, Pub. L. 91-497, § 3; Aug. 20, 1994, D.C. Law 10-151, § 108, 41 DCR 2608.)
Current through April 16, 2013
|
DC ST § 22-1511
Formerly cited as DC ST 1981 § 22-1411 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 15. Forgery; Frauds.
§ 22-1511. Fraudulent advertising.
It shall be unlawful in the District of Columbia for any person, firm, association, corporation, or advertising agency, either directly or indirectly, to display or exhibit to the public in any manner whatever, whether by handbill, placard, poster, picture, film, or otherwise; or to insert or cause to be inserted in any newspaper, magazine, or other publication printed in the District of Columbia; or to issue, exhibit, or in any way distribute or disseminate to the public; or to deliver, exhibit, mail, or send to any person, firm, association, or corporation any false, untrue, or misleading statement, representation, or advertisement with intent to sell, barter, or exchange any goods, wares, or merchandise or anything of value or to deceive, mislead, or induce any person, firm, association, or corporation to purchase, discount, or in any way invest in or accept as collateral security any bonds, bill, share of stock, note, warehouse receipt, or any security; or with the purpose to deceive, mislead, or induce any person, firm, association, or corporation to purchase, make any loan upon or invest in any property of any kind; or use any of the aforesaid methods with the intent or purpose to deceive, mislead, or induce any other person, firm, or corporation for a valuable consideration to employ the services of any person, firm, association, or corporation so advertising such services.
CREDIT(S)
(May 29, 1916, 39 Stat. 165, ch. 130, § 1.)
Current through April 16, 2013
|
DC ST § 22-1512
Formerly cited as DC ST 1981 § 22-1412 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 15. Forgery; Frauds.
§ 22-1512. Prosecution under § 22-1511.
Prosecution under § 22-1511 shall be in the Superior Court of the District of Columbia upon information filed by the United States Attorney for the District of Columbia or an Assistant U.S. Attorney.
CREDIT(S)
(May 29, 1916, 39 Stat. 165, ch. 130, § 2; Apr. 1, 1942, 56 Stat. 190, ch. 207, § 1; June 25, 1948, 62 Stat. 909, ch. 646, § 1; July 8, 1963, 77 Stat. 77, Pub. L. 88-60, § 1; July 29, 1970, 84 Stat. 570, Pub. L. 91-358, title I, § 155(a); May 21, 1994, D.C. Law 10-119, § 10, 41 DCR 1639.)
Current through April 16, 2013
|
DC ST § 22-1513
Formerly cited as DC ST 1981 § 22-1413 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 15. Forgery; Frauds.
§ 22-1513. Penalty under § 22-1511.
Any person, firm, or association violating any of the provisions of § 22-1511 shall upon conviction thereof, be punished by a fine of not more than $500 or by imprisonment of not more than 60 days, or by both fine and imprisonment, in the discretion of the court. A corporation convicted of an offense under the provisions of § 22-1511 shall be fined not more than $500, and its president or such other officials as may be responsible for the conduct and management thereof shall be imprisoned not more than 60 days, in the discretion of the court.
CREDIT(S)
(May 29, 1916, 39 Stat. 165, ch. 130, § 3.)
Current through April 16, 2013
|
DC ST § 22-1514
Formerly cited as DC ST 1981 § 22-1414 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 15. Forgery; Frauds.
§ 22-1514. Fraudulent interference or collusion in jury selection.
If any person shall fraudulently tamper with any box or wheel used or intended by the jury commission for the names of prospective jurors, or of prospective condemnation jurors or commissioners, or shall fraudulently tamper with the contents of any such box or wheel, or with any jury list, or be guilty of any fraud or collusion with respect to the drawing of jurors or condemnation jurors or commissioners, or if any jury commissioner shall put in or leave out of any such box or wheel the name of any person at the request of such person, or at the request of any other person, or if any jury commissioner shall wilfully draw from any such box or wheel a greater number of names than is required by the court, any such person or jury commissioner so offending shall for each offense be punished by a fine of not more than $1,000 or imprisonment for not more than 180 days, or both.
CREDIT(S)
(Mar. 3, 1901, 31 Stat. 1223, ch. 854, § 213; Apr. 19, 1920, 41 Stat. 560, ch. 153, § 213; Mar. 27, 1968, 82 Stat. 63, Pub. L. 90-274, § 103(f); Aug. 20, 1994, D.C. Law 10-151, § 105(f), 41 DCR 2608.)
Current through April 16, 2013
|
DC ST § 22-1601
Formerly cited as DC ST 1981 § 22-1001 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 16. Fornication.
§ 22-1601. Fornication. [Repealed]
CREDIT(S)
(June 25, 1948, 62 Stat. 864, ch. 645, § 21.)
Current through April 16, 2013
|
DC ST § 22-1602
Formerly cited as DC ST 1981 § 22-1002 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 16. Fornication.
§ 22-1602. Fornication. [Repealed]
CREDIT(S)
(June 29, 1953, 67 Stat. 99, ch. 150, § 214; Apr. 29, 2004, D.C. Law 15-154, § 7, 50 DCR 10996.)
Current through April 16, 2013
|
DC ST D. IV, T. 22, Subt. I, Ch. 17, Subch. I, Refs & Annos |
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 17. Gambling.
Subchapter I. General Provisions.
Current through April 16, 2013
|
DC ST § 22-1701
Formerly cited as DC ST 1981 § 22-1501 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 17. Gambling.
Subchapter I. General Provisions. (Refs & Annos)
§ 22-1701. Lotteries; promotion; sale or possession of tickets.
If any person shall within the District keep, set up, or promote, or be concerned as owner, agent, or clerk, or in any other manner, in managing, carrying on, promoting, or advertising, directly or indirectly, any policy lottery, policy shop, or any lottery, or shall sell or transfer any chance, right, or interest, tangible or intangible, in any policy lottery, or any lottery or shall sell or transfer any ticket, certificate, bill, token, or other device, purporting or intended to guarantee or assure to any person or entitle him or her to a chance of drawing or obtaining a prize to be drawn in any lottery, or in a game or device commonly known as policy lottery or policy or shall sell or transfer, or have in his or her possession for the purpose of sale or transfer, a chance or ticket in or share of a ticket in any lottery or any such bill, certificate, token, or other device, he or she shall be fined upon conviction of each said offense not more than $1,000 or be imprisoned not more than 3 years, or both. The possession of any copy or record of any such chance, right, or interest, or of any such ticket, certificate, bill, token, or other device shall be prima facie evidence that the possessor of such copy or record did, at the time and place of such possession, keep, set up, or promote, or was at such time and place concerned as owner, agent, or clerk, or otherwise in managing, carrying on, promoting, or advertising a policy lottery, policy shop, or lottery.
CREDIT(S)
(Mar. 3, 1901, 31 Stat. 1330, ch. 854, § 863; June 30, 1902, 32 Stat. 535, ch. 1329; Apr. 5, 1938, 52 Stat. 198, ch. 72, § 1; May 21, 1994, D.C. Law 10-119, § 2(i), 41 DCR 1639.)
Current through April 16, 2013
|
DC ST § 22-1702
Formerly cited as DC ST 1981 § 22-1502 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 17. Gambling.
Subchapter I. General Provisions. (Refs & Annos)
§ 22-1702. Possession of lottery or policy tickets.
If any person shall, within the District of Columbia, knowingly have in his or her possession or under his control, any record, notation, receipt, ticket, certificate, bill, slip, token, paper, or writing, current or not current, used or to be used in violating the provisions of § 22-1701, 22-1704, or 22-1708, he or she shall, upon conviction of each such offense, be fined not more than $1,000 or be imprisoned for not more than 180 days, or both. For the purpose of this section, possession of any record, notation, receipt, ticket, certificate, bill, slip, token, paper, or writing shall be presumed to be knowing possession thereof.
CREDIT(S)
(Mar. 3, 1901, ch. 854, § 863a; Apr. 5, 1938, 52 Stat. 198, ch. 72, § 2; June 29, 1953, 67 Stat. 95, ch. 159, § 206(a); May 21, 1994, D.C. Law 10-119, § 2(j), 41 DCR 1639; Aug. 20, 1994, D.C. Law 10-151, § 105(g), 41 DCR 2608.)
Current through April 16, 2013
|
DC ST § 22-1703
Formerly cited as DC ST 1981 § 22-1503 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 17. Gambling.
Subchapter I. General Provisions. (Refs & Annos)
§ 22-1703. Permitting sale of lottery tickets on premises.
If any person shall knowingly permit, on any premises under his or her control in the District, the sale of any chance or ticket in or share of a ticket in any lottery or policy lottery, or shall knowingly permit any lottery or policy lottery, or policy shop on such premises, he or she shall be fined not less than $50 nor more than $500, or be imprisoned not more than 180 days, or both.
CREDIT(S)
(Mar. 3, 1901, 31 Stat. 1330, ch. 854, § 864; May 21, 1994, D.C. Law 10-119, § 2(k), 41 DCR 1639; Aug. 20, 1994, D.C. Law 10-151, § 105(h), 41 DCR 2608.)
Current through April 16, 2013
|
DC ST § 22-1704
Formerly cited as DC ST 1981 § 22-1504 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 17. Gambling.
Subchapter I. General Provisions. (Refs & Annos)
§ 22-1704. Gaming; setting up gaming table; inducing play.
Whoever shall in the District set up or keep any gaming table, or any house, vessel, or place, on land or water, for the purpose of gaming, or gambling device commonly called A B C, faro bank, E O, roulette, equality, keno, thimbles, or little joker, or any kind of gaming table or gambling device adapted, devised, and designed for the purpose of playing any game of chance for money or property, or shall induce, entice, and permit any person to bet or play at or upon any such gaming table or gambling device, or on the side of or against the keeper thereof, shall be punished by imprisonment for a term of not more than 5 years. For the purposes of this section, the term “gambling device” shall not include slot machines manufactured before 1952, intended for exhibition or private use by the owner, and not used for gambling purposes. The term “slot machine” means a mechanical device, an essential part of which is a drum or reel which bears an insignia and which when operated may deliver, as a result of the application of an element of chance, a token, money, or property, or by operation of which a person may become entitled to receive, as a result of this application of an element of chance, a token, money, or property.
CREDIT(S)
(Mar. 3, 1901, 31 Stat. 1331, ch. 854, § 865; Jan. 26, 1982, D.C. Law 4-59, § 2, 28 DCR 4766.)
Current through April 16, 2013
|
DC ST § 22-1705
Formerly cited as DC ST 1981 § 22-1505 |
Effective: September 14, 2011
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 17. Gambling.
Subchapter I. General Provisions. (Refs & Annos)
§ 22-1705. Gambling premises; definition; prohibition against maintaining; forfeiture; liens; deposit of moneys in Treasury; penalty; subsequent offenses.
(a) Any house, building, vessel, shed, booth, shelter, vehicle, enclosure, room, lot, or other premises in the District of Columbia, used or to be used in violating the provisions of § 22-1701 or § 22-1704, shall be deemed “gambling premises” for the purpose of this section.
(b) It shall be unlawful for any person in the District of Columbia knowingly, as owner, lessee, agent, employee, operator, occupant, or otherwise, to maintain, or aid, or permit the maintaining of any gambling premises.
(c) All moneys, vehicles, furnishings, fixtures, equipment, stock (including, without limitation, furnishings and fixtures adaptable to nongambling uses, and equipment and stock for printing, recording, computing, transporting, safekeeping, or communication), or other things of value used or to be used: (1) in carrying on or conducting any lottery, or the game or device commonly known as a policy lottery or policy, contrary to the provisions of § 22-1701; (2) in setting up or keeping any gaming table, bank, or device contrary to the provisions of § 22-1704; or (3) in maintaining any gambling premises; shall be subject to seizure by any designated civilian employee of the Metropolitan Police Department or any member of the Metropolitan Police force, or the United States Park Police, or the United States Marshal, or any Deputy Marshal, for the District of Columbia, and any property seized regardless of its value shall be proceeded against in the Superior Court of the District of Columbia by libel action brought in the name of the District of Columbia by the Corporation Counsel or any Assistant Corporation Counsel, and shall, unless good cause be shown to the contrary, be forfeited to the District of Columbia and shall be made available for the use of any agency of the government of the District of Columbia, or otherwise disposed of as the Mayor of the District of Columbia may, by order or by regulation, provide; provided, that if there be bona fide liens against the property so forfeited, then such property shall be disposed of by public auction. The proceeds of the sale of such property shall be available, first, for the payment of all expenses incident to such sale; and, second, for the payment of such liens; and the remainder shall be deposited in the General fund of the District of Columbia. To the extent necessary, liens against said property so forfeited shall, on good cause shown by the lienor, be transferred from the property to the proceeds of the sale of the property.
(d) Whoever violates this section shall be imprisoned not more than 180 days or fined not more than $1,000, or both, unless the violation occurs after the person has been convicted of a violation of this section, in which case the person may be imprisoned for not more than 5 years, or fined not more than $2,000, or both.
CREDIT(S)
(Mar. 3, 1901, 31 Stat. 1331, ch. 854, § 866; June 29, 1953, 67 Stat. 95, ch. 159, § 206(b); Sept. 21, 1961, 75 Stat. 540, Pub. L. 87-259, § 1; July 8, 1963, 77 Stat. 77, Pub. L. 88-60, § 1; July 29, 1970, 84 Stat. 570, Pub. L. 91-358, title I, § 155(a); May 21, 1994, D.C. Law 10-119, § 2(l), 41 DCR 1639; Aug. 20, 1994, D.C. Law 10-151, § 105(i), 41 DCR 2608; June 12, 1999, D.C. Law 12-284, § 4, 46 DCR 1328; Sept. 14, 2011, D.C. Law 19-21, § 9045, 58 DCR 6226.)
Current through April 16, 2013
|
DC ST § 22-1706
Formerly cited as DC ST 1981 § 22-1506 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 17. Gambling.
Subchapter I. General Provisions. (Refs & Annos)
§ 22-1706. Three-card monte and confidence games.
Whoever shall in the District deal, play, or practice, or be in any manner accessory to the dealing or practicing, of the confidence game or swindle known as 3-card monte, or of any such game, play, or practice, or any other confidence game, play, or practice, shall be deemed guilty of a misdemeanor, and shall be punished by a fine not exceeding $1,000 and by imprisonment for not more than 180 days.
CREDIT(S)
(Mar. 3, 1901, 31 Stat. 1331, ch. 854, § 867; Aug. 20, 1994, D.C. Law 10-151, § 105(j), 41 DCR 2608.)
Current through April 16, 2013
|
DC ST § 22-1707
Formerly cited as DC ST 1981 § 22-1507 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 17. Gambling.
Subchapter I. General Provisions. (Refs & Annos)
§ 22-1707. “Gaming table” defined.
All games, devices, or contrivances at which money or any other thing shall be bet or wagered shall be deemed a gaming table within the meaning of §§ 22-1704 to 22-1706; and the courts shall construe said sections liberally, so as to prevent the mischief intended to be guarded against.
CREDIT(S)
(Mar. 3, 1901, 31 Stat. 1331, ch. 854, § 868.)
Current through April 16, 2013
|
DC ST § 22-1708
Formerly cited as DC ST 1981 § 22-1508 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 17. Gambling.
Subchapter I. General Provisions. (Refs & Annos)
§ 22-1708. Gambling pools and bookmaking; athletic contest defined.
It shall be unlawful for any person, or association of persons, within the District of Columbia to purchase, possess, own, or acquire any chance, right, or interest, tangible or intangible, in any policy lottery or any lottery, or to make or place a bet or wager, accept a bet or wager, gamble or make books or pools on the result of any athletic contest. For the purpose of this section, the term “athletic contest” means any of the following, wherever held or to be held: a football, baseball, softball, basketball, hockey, or polo game, or a tennis, golf, or wrestling match, or a tennis or golf tournament, or a prize fight or boxing match, or a trotting or running race of horses, or a running race of dogs, or any other athletic or sporting event or contest. Any person or association of persons violating this section shall be fined not more than $1,000 or imprisoned not more than 180 days, or both.
CREDIT(S)
(Mar. 3, 1901, 31 Stat. 1331, ch. 854, § 869; May 16, 1908, 35 Stat. 164, ch. 172, § 3; June 29, 1953, 67 Stat. 96, ch. 159, § 206c; Aug. 20, 1994, D.C. Law 10-151, § 105(k), 41 DCR 2608.)
Current through April 16, 2013
|
DC ST § 22-1709
Formerly cited as DC ST 1981 § 22-1509 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 17. Gambling.
Subchapter I. General Provisions. (Refs & Annos)
§ 22-1709. Bucketing, and bucket-shopping and bucket-shops; definitions. [Repealed]
CREDIT(S)
(Mar. 3, 1901, ch. 854, § 869a; Mar. 1, 1909, 35 Stat. 670, ch. 233; May 21, 1994, D.C. Law 10-119, § 2(m), 41 DCR 1639; Apr. 29, 2004, D.C. Law 15-154, § 3(g), 50 DCR 10996.)
Current through April 16, 2013
|
DC ST § 22-1710
Formerly cited as DC ST 1981 § 22-1510 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 17. Gambling.
Subchapter I. General Provisions. (Refs & Annos)
§ 22-1710. Penalty for bucketing or keeping bucket-shop. [Repealed]
CREDIT(S)
(Mar. 3, 1901, ch. 854, § 869b; Mar. 1, 1909, 35 Stat. 671, ch. 233; June 25, 1936, 49 Stat. 1921, ch. 804; June 25, 1948, 62 Stat. 909, 991, ch. 646, §§ 1, 32(b); May 24, 1949, 63 Stat. 107, ch. 139, § 127; July 29, 1970, 84 Stat. 570, Pub. L. 91-358, title I, § 155(c) (1) (E); Aug. 20, 1994, D.C. Law 10-151, § 105(l), 41 DCR 2608; Apr. 29, 2004, D.C. Law 15-154, § 3(h), 50 DCR 10996.)
Current through April 16, 2013
|
DC ST § 22-1711
Formerly cited as DC ST 1981 § 22-1511 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 17. Gambling.
Subchapter I. General Provisions. (Refs & Annos)
§ 22-1711. Penalty for communicating, receiving, exhibiting, or displaying quotations of prices. [Repealed]
CREDIT(S)
(Mar. 3, 1901, ch. 854, § 869c; Mar. 1, 1909, 35 Stat. 671, ch. 233; Apr. 29, 2004, D.C. Law 15-154, § 3(i), 50 DCR 10996.)
Current through April 16, 2013
|
DC ST § 22-1712
Formerly cited as DC ST 1981 § 22-1512 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 17. Gambling.
Subchapter I. General Provisions. (Refs & Annos)
§ 22-1712. Bucketing; written statement to be furnished; contents. [Repealed]
CREDIT(S)
(Mar. 3, 1901, ch. 854, § 869d; Mar. 1, 1909, 35 Stat. 671, ch. 233; Apr. 29, 2004, D.C. Law 15-154, § 3(j), 50 DCR 10996.)
Current through April 16, 2013
|
DC ST § 22-1713
Formerly cited as DC ST 1981 § 22-1513 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 17. Gambling.
Subchapter I. General Provisions. (Refs & Annos)
§ 22-1713. Corrupt influence in connection with athletic contests.
(a) It shall be unlawful to pay or give, or to agree to pay or give, or to promise or offer, any valuable thing to any individual:
(1) With intent to influence such individual to lose or cause to be lost, or to attempt to lose or cause to be lost, or to limit or attempt to limit such individual or his or her team's margin of victory or score in, any professional or amateur athletic contest in which such individual is or may be a contestant or participant; or
(2) With intent to influence such individual, in the case of any professional or amateur athletic contest in connection with which such individual (as a manager, coach, owner, second, jockey, trainer, handler, groom, or otherwise) has or will have any duty or responsibility with respect to a contestant, participant, or team who or which is engaging or may engage therein, to cause or attempt to cause:
(A) The loss of such athletic contest by such contestant, participant, or team; or
(B) The margin of victory or score of such contestant, participant, or team to be limited; or
(3) With intent to influence such individual, in the case of any professional or amateur athletic contest in connection with which such individual is to be or may be a referee, judge, umpire, linesman, starter, timekeeper, or other similar official, to cause or attempt to cause:
(A) The loss of such athletic contest by any contestant, participant, or team who or which is engaging or may engage therein; or
(B) The margin of victory or score of any such contestant, participant, or team to be limited.
(b) It shall be unlawful for any individual to solicit or accept, or to agree to accept, any valuable thing or a promise or offer of any valuable thing:
(1) To influence such individual to lose or cause to be lost, or to attempt to lose or cause to be lost, or to limit or attempt to limit such individual or his or her team's margin of victory or score in, any professional or amateur athletic contest in which such individual is or may be a contestant or participant; or
(2) To influence such individual, in the case of any professional or amateur athletic contest in connection with which such individual (as a manager, coach, owner, second, jockey, trainer, handler, groom, or otherwise) has or will have any duty or responsibility with respect to a contestant, participant, or team who or which is engaging or may engage therein, to cause or attempt to cause:
(A) The loss of such athletic contest by such contestant, participant, or team; or
(B) The margin of victory or score of such contestant, participant, or team to be limited; or
(3) To influence such individual, in the case of any professional or amateur athletic contest in connection with which such individual is to be or may be a referee, judge, umpire, linesman, starter, timekeeper, or other similar official, to cause or attempt to cause:
(A) The loss of such athletic contest by any contestant, participant, or team who or which is engaging or may engage therein; or
(B) The margin of victory or score of any such contestant, participant, or team to be limited.
(c) Whoever violates any provision of subsection (a) of this section shall be guilty of a felony, and, upon conviction thereof, shall be punished by imprisonment for not less than 1 year nor more than 5 years and by a fine of not more than $10,000.
(d) Whoever violates any provision of subsection (b) of this section shall, upon conviction thereof, be punished by imprisonment for not more than 1 year and by a fine of not more than $5,000.
(e) As used in this section, the term “athletic contest” means any of the following, wherever held or to be held: a football, baseball, softball, basketball, hockey, or polo game, or a tennis or wrestling match, or a prize fight or boxing match, or a horse race or any other athletic or sporting event or contest.
(f) Nothing in this section shall be construed to prohibit the giving or offering of any bonus or extra compensation to any manager, coach, or professional player, or to any league, association, or conference for the purpose of encouraging such manager, coach, or player to a higher degree of skill, ability, or diligence in the performance of his or her duties.
CREDIT(S)
(Mar. 3, 1901, ch. 854, § 869e; July 11, 1947, 61 Stat. 313, ch. 230; Dec. 27, 1967, 81 Stat. 737, Pub. L. 90-226, title VI, § 604; May 21, 1994, D.C. Law 10-119, § 2(n), 41 DCR 1639.)
Current through April 16, 2013
|
DC ST § 22-1714
Formerly cited as DC ST 1981 § 22-1514 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 17. Gambling.
Subchapter I. General Provisions. (Refs & Annos)
§ 22-1714. Immunity of witnesses; record.
(a) Whenever, in the judgment of the United States Attorney for the District of Columbia, the testimony of any witness, or the production of books, papers, or other records or documents, by any witness, in any case or proceeding involving a violation of this subchapter before any grand jury or a court in the District of Columbia, is necessary in the public interest, such witness shall not be excused from testifying or from producing books, papers, and other records and documents on the grounds that the testimony or evidence, documentary or otherwise, required of such witness may tend to incriminate such witness, or subject such witness to penalty or forfeiture; but such witness shall not be prosecuted or subject to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which such witness is compelled, after having claimed his or her privilege against self-incrimination, to testify or produce evidence, documentary or otherwise; except that such witness so testifying shall not be exempt from prosecution and punishment for perjury or contempt committed in so testifying.
(b) The judgment of the United States Attorney for the District of Columbia that any testimony, or the production of any books, papers, or other records or documents, is necessary in the public interest shall be confirmed in a written communication over the signature of the United States Attorney for the District of Columbia, addressed to the grand jury or the court in the District of Columbia concerned, and shall be made a part of the record of the case or proceeding in which such testimony or evidence is given.
CREDIT(S)
(Mar. 3, 1901, ch. 854, § 869f; June 29, 1953, 67 Stat. 96, ch. 159, § 206(d); Mar. 10, 1981, D.C. Law 3-172, § 2, 27 DCR 4736; May 21, 1994, D.C. Law 10-119, § 2(o), 41 DCR 1639.)
Current through April 16, 2013
|
DC ST § 22-1715
Formerly cited as DC ST 1981 § 22-1515 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 17. Gambling.
Subchapter I. General Provisions. (Refs & Annos)
§ 22-1715. Presence in illegal establishments. [Repealed]
CREDIT(S)
(Aug. 20, 1994, D.C. Law 10-151, § 110(a), 41 DCR 2608.)
Current through April 16, 2013
|
DC ST D. IV, T. 22, Subt. I, Ch. 17, Subch. II, Refs & Annos |
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 17. Gambling.
Subchapter II. Legalization.
Current through April 16, 2013
|
DC ST § 22-1716
Formerly cited as DC ST 1981 § 22-1516 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 17. Gambling.
Subchapter II. Legalization. (Refs & Annos)
§ 22-1716. Statement of purpose.
It is the purpose of this subchapter to legalize lotteries, daily numbers games, bingo, raffles, and Monte Carlo night parties, which activities are to be conducted only by the District of Columbia and only those licensed by the District of Columbia and subject to the jurisdiction, authority, and control of the District of Columbia. These activities will provide revenue to the District of Columbia and will provide the citizens of the District of Columbia financial benefits.
CREDIT(S)
(Mar. 10, 1981, D.C. Law 3-172, § 3, 27 DCR 4736; Apr. 11, 1987, D.C. Law 6-220, § 2(a)(1), 34 DCR 900.)
Current through April 16, 2013
|
DC ST § 22-1717
Formerly cited as DC ST 1981 § 22-1517 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 17. Gambling.
Subchapter II. Legalization. (Refs & Annos)
§ 22-1717. Permissible gambling activities.
Nothing
in subchapter I of this chapter shall be construed to prohibit the operation of
or participation in lotteries and/
CREDIT(S)
(Mar. 10, 1981, D.C. Law 3-172, § 3, 27 DCR 4736; Apr. 11, 1987, D.C. Law 6-220, § 2(a)(2), 34 DCR 900.)
Current through April 16, 2013
|
DC ST § 22-1718
Formerly cited as DC ST 1981 § 22-1518 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 17. Gambling.
Subchapter II. Legalization. (Refs & Annos)
§ 22-1718. Advertising and promotion; sale and possession of lottery and numbers tickets and slips.
(a) Nothing in subchapter I of this chapter shall be construed to prohibit the advertising and promotion of excepted permissible gambling activities pursuant to § 22-1717, hereof, including, but not limited to, the sale, by agents authorized by the District of Columbia, and the possession of tickets, certificates, or slips for lottery and daily numbers games excepted and permissible pursuant to § 22-1717, hereof, and the sale, lease, purchase, or possession of tickets, slips, certificates, or cards for bingo, raffles, and Monte Carlo night parties, excepted and permissible pursuant to § 22-1717, hereof.
(b) Nothing in § 22-1701 shall prohibit advertising a lottery by the Maryland State Lottery so long as Maryland does not prohibit advertising or otherwise publishing an account of a lottery by the District of Columbia.
CREDIT(S)
(Mar. 10, 1981, D.C. Law 3-172, § 3, 27 DCR 4736; Apr. 11, 1987, D.C. Law 6-220, § 2(a)(3), 34 DCR 900; June 3, 1997, D.C. Law 11-272, § 2(a), 43 DCR 4672; May 22, 1998, D.C. Law 12-114, § 2, 45 DCR 486.)
Current through April 16, 2013
|
DC ST § 22-1801
Formerly cited as DC ST 1981 § 22-101 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 18. General Offenses.
§ 22-1801. “Writing” and “paper” defined.
Except where otherwise provided for where such a construction would be unreasonable, the words “writing” and “paper,” wherever mentioned in this title, are to be taken to include instruments wholly in writing or wholly printed, or partly printed and partly in writing.
CREDIT(S)
(Mar. 3, 1901, 31 Stat. 1336, ch. 854, § 904; Dec. 1, 1982, D.C. Law 4-164, § 601(b), 29 DCR 3976.)
Current through April 16, 2013
|
DC ST § 22-1802
Formerly cited as DC ST 1981 § 22-102 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 18. General Offenses.
§ 22-1802. “Anything of value” defined.
The words “anything of value,” wherever they occur in this title and the District of Columbia Theft and White Collar Crimes Act of 1982, shall be held to include not only things possessing intrinsic value, but bank notes and other forms of paper money, and commercial paper and other writings which represent value.
CREDIT(S)
(Mar. 3, 1901, 31 Stat. 1336, ch. 854, § 905; Dec. 1, 1982, D.C. Law 4-164, § 601(c), 29 DCR 3976.)
Current through April 16, 2013
|
DC ST § 22-1803
Formerly cited as DC ST 1981 § 22-103 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 18. General Offenses.
§ 22-1803. Attempts to commit crime.
Whoever shall attempt to commit any crime, which attempt is not otherwise made punishable by chapter 19 of An Act to establish a code of law for the District of Columbia, approved March 3, 1901 (31 Stat. 1321), shall be punished by a fine not exceeding $1,000 or by imprisonment for not more than 180 days, or both. Except, whoever shall attempt to commit a crime of violence as defined in § 23-1331 shall be punished by a fine not exceeding $5,000 or by imprisonment for not more than 5 years, or both.
CREDIT(S)
(Mar. 3, 1901, 31 Stat. 1337, ch. 854, § 906; Aug. 20, 1994, D.C. Law 10-151, § 105(a), 41 DCR 2608.)
Current through April 16, 2013
|
DC ST § 22-1804
Formerly cited as DC ST 1981 § 22-104 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 18. General Offenses.
§ 22-1804. Second conviction.
(a) If any person: (1) is convicted of a criminal offense (other than a non-moving traffic offense) under a law applicable exclusively to the District of Columbia; and (2) was previously convicted of a criminal offense under any law of the United States or of a state or territory of the United States which offense, at the time of the conviction referred to in clause (1) of this subsection, is the same as, constitutes, or necessarily includes, the offense referred to in that clause, such person may be sentenced to pay a fine in an amount not more than one and one-half times the maximum fine prescribed for the conviction referred to in clause (1) of this subsection and sentenced to imprisonment for a term not more than one and one-half times the maximum term of imprisonment prescribed for that conviction. If such person was previously convicted more than once of an offense described in clause (2) of this subsection, such person may be sentenced to pay a fine in an amount not more than 3 times the maximum fine prescribed for the conviction referred to in clause (1) of this subsection and sentenced to imprisonment for a term not more than 3 times the maximum term of imprisonment prescribed for that conviction. No conviction with respect to which a person has been pardoned on the ground of innocence shall be taken into account in applying this section.
(b) This section shall not apply in the event of conflict with any other provision of law which provides an increased penalty for a specific offense by reason of a prior conviction of the same or any other offense.
CREDIT(S)
(Mar. 3, 1901, 31 Stat. 1337, ch. 854, § 907; July 29, 1970, 84 Stat. 598, Pub. L. 91-358, title II, § 201(a); May 21, 1994, D.C. Law 10-119, § 2(a), 41 DCR 1639.)
Current through April 16, 2013
|
DC ST § 22-1804a
Formerly cited as DC ST 1981 § 22-104a |
Effective: December 10, 2009
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 18. General Offenses.
§ 22-1804a. Penalty for felony after at least 2 prior felony convictions.
(a)(1) If a person is convicted in the District of Columbia of a felony, having previously been convicted of 2 prior felonies not committed on the same occasion, the court may, in lieu of any sentence authorized, impose such greater term of imprisonment as it deems necessary, up to, and including, 30 years.
(2) If a person is convicted in the District of Columbia of a crime of violence as defined by § 22-4501, having previously been convicted of 2 prior crimes of violence not committed on the same occasion, the court, in lieu of the term of imprisonment authorized, shall impose a term of imprisonment of not less than 15 years and may impose such greater term of imprisonment as it deems necessary up to, and including, life without possibility of release.
(3) For purposes of imprisonment following revocation of release authorized by § 24-403.01, the third or subsequent felony committed by a person who had previously been convicted of 2 prior felonies not committed on the same occasion and the third or subsequent crime of violence committed by a person who had previously been convicted of 2 prior crimes of violence not committed on the same occasion are Class A felonies.
(b) For the purposes of this section:
(1) A person shall be considered as having been convicted of a felony if the person was convicted of a felony by a court of the District of Columbia, any state, or the United States or its territories; and
(2) A person shall be considered as having been convicted of a crime of violence if the person was convicted of a crime of violence as defined by § 22-4501, by a court of the District of Columbia, any state, or the United States or its territories.
(c)(1) A person shall be considered as having been convicted of 2 felonies if the person has been convicted of a felony twice before on separate occasions by courts of the District of Columbia, any state, or the United States or its territories.
(2) A person shall be considered as having been convicted of 2 crimes of violence if the person has twice before on separate occasions been convicted of a crime of violence as defined by § 22-4501, by courts of the District of Columbia, any states, or the United States or its territories.
(d) No conviction or plea of guilty with respect to which a person has been pardoned shall be taken into account in applying this section.
CREDIT(S)
(Mar. 3, 1901, ch. 854, § 907a; July 29, 1970, 84 Stat. 599, Pub. L. 91-358, title II, § 201(b); May 21, 1994, D.C. Law 10-119, § 2(b), 41 DCR 1639; Oct. 7, 1994, D.C. Law 10-194, § 2, 41 DCR 4283; May 16, 1995, D.C. Law 10-255, § 15, 41 DCR 5193; June 3, 1997, D.C. Law 11-275, § 2, 44 DCR 1408; June 8, 2001, D.C. Law 13-302, § 4(h), 47 DCR 7249; Dec. 10, 2009, D.C. Law 18-88, § 208, 56 DCR 7413.)
Current through April 16, 2013
|
DC ST § 22-1805
Formerly cited as DC ST 1981 § 22-105 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 18. General Offenses.
§ 22-1805. Persons advising, inciting, or conniving at criminal offense to be charged as principals.
In prosecutions for any criminal offense all persons advising, inciting, or conniving at the offense, or aiding or abetting the principal offender, shall be charged as principals and not as accessories, the intent of this section being that as to all accessories before the fact the law heretofore applicable in cases of misdemeanor only shall apply to all crimes, whatever the punishment may be.
CREDIT(S)
(Mar. 3, 1901, 31 Stat. 1337, ch. 854, § 908.)
Current through April 16, 2013
|
DC ST § 22-1805a
Formerly cited as DC ST 1981 § 22-105a |
Effective: December 10, 2009
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 18. General Offenses.
§ 22-1805a. Conspiracy to commit crime.
(a)(1) If 2 or more persons conspire either to commit a criminal offense or to defraud the District of Columbia or any court or agency thereof in any manner or for any purpose, each shall be fined not more than $10,000 or imprisoned not more than 5 years, or both, except that if the object of the conspiracy is a criminal offense punishable by less than 5 years, the maximum penalty for the conspiracy shall not exceed the maximum penalty provided for that offense.
(2) If 2 or more persons conspire to commit a crime of violence as defined in § 23-1331(4), each shall be fined not more than $3000 nor the maximum fine prescribed for the offense, the commission of which was the object of the conspiracy, whichever is less, or imprisoned not more than 15 years nor the maximum imprisonment prescribed for the offense, the commission of which was the object of the conspiracy, whichever is less, or both.
(b) No person may be convicted of conspiracy unless an overt act is alleged and proved to have been committed by 1 of the conspirators pursuant to the conspiracy and to effect its purpose.
(c) When the object of a conspiracy contrived within the District of Columbia is to engage in conduct in a jurisdiction outside the District of Columbia which would constitute a criminal offense under an act of Congress applicable exclusively to the District of Columbia if performed therein, the conspiracy is a violation of this section if:
(1) Such conduct would also constitute a crime under the laws of the other jurisdiction if performed therein; or
(2) Such conduct would constitute a criminal offense under an act of Congress exclusively applicable to the District of Columbia even if performed outside the District of Columbia.
(d) A conspiracy contrived in another jurisdiction to engage in conduct within the District of Columbia which would constitute a criminal offense under an act of Congress exclusively applicable to the District of Columbia if performed within the District of Columbia is a violation of this section when an overt act pursuant to the conspiracy is committed within the District of Columbia. Under such circumstances, it is immaterial and no defense to a prosecution for conspiracy that the conduct which is the object of the conspiracy would not constitute a crime under the laws of the other jurisdiction.
CREDIT(S)
(Mar. 3, 1901, ch. 854. § 908A; July 29, 1970, 84 Stat. 599, Pub. L. 91-358, title II, § 202; Dec. 10, 2009, D.C. Law 18-88, § 209, 56 DCR 7413.)
Current through April 16, 2013
|
DC ST § 22-1806
Formerly cited as DC ST 1981 § 22-106 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 18. General Offenses.
§ 22-1806. Accessories after the fact.
Whoever
shall be convicted of being an accessory after the fact to any crime punishable
by death shall be punished by imprisonment for not more than 20 years. Whoever
shall be convicted of being accessory after the fact to any crime punishable by
imprisonment shall be punished by a fine or imprisonment, or both, as the case
may be, not more than 1/
CREDIT(S)
(Mar. 3, 1901, 31 Stat. 1337, ch. 854, § 909.)
Current through April 16, 2013
|
DC ST § 22-1807
Formerly cited as DC ST 1981 § 22-107 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 18. General Offenses.
§ 22-1807. Punishment for offenses not covered by provisions of Code.
Whoever shall be convicted of any criminal offense not covered by the provisions of any section of this Code, or of any general law of the United States not locally inapplicable in the District of Columbia, shall be punished by a fine not exceeding $1,000 or by imprisonment for not more than 5 years, or both.
CREDIT(S)
(Mar. 3, 1901, 31 Stat. 1337, ch. 854, § 910.)
Current through April 16, 2013
|
DC ST § 22-1808
Formerly cited as DC ST 1981 § 22-108 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 18. General Offenses.
§ 22-1808. Offenses committed beyond District.
Any person who by the commission outside of the District of Columbia of any act which, if committed within the District of Columbia, would be a criminal offense under the laws of said District, thereby obtains any property or other thing of value, and is afterwards found with any such property or other such thing of value in his or her possession in said District, or who brings any such property or other such thing of value into said District, shall, upon conviction, be punished in the same manner as if said act had been committed wholly within said District.
CREDIT(S)
(Mar. 3, 1901, ch. 854, § 836a; Dec. 21, 1911, 37 Stat. 45, ch. 2; May 21, 1994, D.C. Law 10-119, § 2(c), 41 DCR 1639.)
Current through April 16, 2013
|
DC ST § 22-1809
Formerly cited as DC ST 1981 § 22-109 |
Effective: May 25, 2011
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 18. General Offenses.
§ 22-1809. Prosecutions.
All prosecutions for violations of § 22-1321 or any of the provisions of any of the laws or ordinances provided for by this act shall be conducted in the name of and for the benefit of the District of Columbia, and in the same manner as provided by law for the prosecution of offenses against the laws and ordinances of the said District. Any person convicted of any violation of § 22-1321 or any of the provisions of this act, and who shall fail to pay the fine or penalty imposed, or to give security where the same is required, shall be committed to the Workhouse of the District of Columbia for a term not exceeding 6 months for each and every offense. The second sentence of this section shall not apply with respect to any violation of § 22-1312(b).
CREDIT(S)
(July 29, 1892, 27 Stat. 325, ch. 320, § 18; June 29, 1953, 67 Stat. 93, 98, ch. 159, §§ 202(a)(2), 211(b); redesignated § 211a, May 26, 2011, D.C. Law 18-375, § 3(b), 58 DCR 731.)
Current through April 16, 2013
|
DC ST § 22-1810
Formerly cited as DC ST 1981 § 22-2307 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 18. General Offenses.
§ 22-1810. Threatening to kidnap or injure a person or damage his property.
Whoever threatens within the District of Columbia to kidnap any person or to injure the person of another or physically damage the property of any person or of another person, in whole or in part, shall be fined not more than $5,000 or imprisoned not more than 20 years, or both.
CREDIT(S)
(June 19, 1968, 82 Stat. 238, Pub. L. 90-351, title X, § 1502.)
Current through April 16, 2013
|
DC ST § 22-1831 |
Effective: October 23, 2010
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 18A. Human Trafficking.
§ 22-1831. Definitions.
For the purposes of this chapter, the term:
(1) “Abuse or threatened abuse of law or legal process” means the use or threatened use of law or legal process, whether administrative, civil, or criminal, in any manner or for any purpose for which the law was not designed, to exert pressure on another person to cause that person to take some action or refrain from taking some action.
(2) “Business” means any corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, organization, holding company, joint stock, trust, and any legal entity through which business is conducted.
(3) “Coercion” means any one of, or a combination of, the following:
(A) Force, threats of force, physical restraint, or threats of physical restraint;
(B) Serious harm or threats of serious harm;
(C) The abuse or threatened abuse of law or legal process;
(D) Fraud or deception;
(E) Any scheme, plan, or pattern intended to cause a person to believe that if that person did not perform labor or services, that person or another person would suffer serious harm or physical restraint;
(F) Facilitating or controlling a person's access to an addictive or controlled substance or restricting a person's access to prescription medication; or
(G) Knowingly participating in conduct with the intent to cause a person to believe that he or she is the property of a person or business and that would cause a reasonable person in that person's circumstances to believe that he or she is the property of a person or business.
(4) “Commercial sex act” means any sexual act or sexual contact on account of which or for which anything of value is given to, promised to, or received by any person. The term “commercial sex act” includes a violation of § 22-2701, § 22-2704, §§ 22-2705 to 22-2712, §§ 22-2713 to 22-2720, and § 22-2722.
(5) “Debt bondage” means the status or condition of a person who provides labor, services, or commercial sex acts, for a real or alleged debt, where:
(A) The value of the labor, services, or commercial sex acts, as reasonably assessed, is not applied toward the liquidation of the debt;
(B) The length and nature of the labor, services, or commercial sex acts are not respectively limited and defined; or
(C) The amount of the debt does not reasonably reflect the value of the items or services for which the debt was incurred.
(6) “Labor” means work that has economic or financial value.
(7) “Serious harm” means any harm, whether physical or nonphysical, including psychological, financial, or reputational harm, that is sufficiently serious, under all the surrounding circumstances, to compel a reasonable person of the same background and in the same circumstances to perform or to continue to perform labor, services, or commercial sex acts to avoid incurring that harm.
(8) “Services” means legal or illegal duties or work done for another, whether or not compensated.
(9) “Sexual act” shall have the same meaning as provided in § 22-3001(8).
(10) “Sexual contact” shall have the same meaning as provided in § 22-3001(9).
(11) “Venture” means any group of 2 or more individuals associated in fact, whether or not a legal entity.
CREDIT(S)
(Oct. 23, 2010, D.C. Law 18-239, § 101, 57 DCR 5405.)
Current through April 16, 2013
|
DC ST § 22-1832 |
Effective: October 23, 2010
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 18A. Human Trafficking.
§ 22-1832. Forced labor.
(a) It is unlawful for an individual or a business knowingly to use coercion to cause a person to provide labor or services.
(b) It is unlawful for an individual or a business knowingly to place or keep any person in debt bondage.
CREDIT(S)
(Oct. 23, 2010, D.C. Law 18-239, § 102, 57 DCR 5405.)
Current through April 16, 2013
|
DC ST § 22-1833 |
Effective: October 23, 2010
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 18A. Human Trafficking.
§ 22-1833. Trafficking in labor or commercial sex acts.
It is unlawful for an individual or a business to recruit, entice, harbor, transport, provide, obtain, or maintain by any means a person, knowing, or in reckless disregard of the fact that:
(1) Coercion will be used or is being used to cause the person to provide labor or services or to engage in a commercial sex act; or
(2) The person is being placed or will be placed or kept in debt bondage.
CREDIT(S)
(Oct. 23, 2010, D.C. Law 18-239, § 103, 57 DCR 5405.)
Current through April 16, 2013
|
DC ST § 22-1834 |
Effective: October 23, 2010
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 18A. Human Trafficking.
§ 22-1834. Sex trafficking of children.
(a) It is unlawful for an individual or a business knowingly to recruit, entice, harbor, transport, provide, obtain, or maintain by any means a person who will be caused as a result to engage in a commercial sex act knowing or in reckless disregard of the fact that the person has not attained the age of 18 years.
(b) In a prosecution under subsection (a) of this section in which the defendant had a reasonable opportunity to observe the person recruited, enticed, harbored, transported, provided, obtained, or maintained, the government need not prove that the defendant knew that the person had not attained the age of 18 years.
CREDIT(S)
(Oct. 23, 2010, D.C. Law 18-239, § 104, 57 DCR 5405.)
Current through April 16, 2013
|
DC ST § 22-1835 |
Effective: October 23, 2010
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 18A. Human Trafficking.
§ 22-1835. Unlawful conduct with respect to documents in furtherance of human trafficking.
It is unlawful for an individual or business knowingly to destroy, conceal, remove, confiscate, or possess any actual or purported government identification document, including a passport or other immigration document, or any other actual or purported document, of any person to prevent or restrict, or attempt to prevent or restrict, without lawful authority, the person's liberty to move or travel in order to maintain the labor or services of that person.
CREDIT(S)
(Oct. 23, 2010, D.C. Law 18-239, § 105, 57 DCR 5405.)
Current through April 16, 2013
|
DC ST § 22-1836 |
Effective: October 23, 2010
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 18A. Human Trafficking.
§ 22-1836. Benefitting financially from human trafficking.
It is unlawful for an individual or business knowingly to benefit, financially or by receiving anything of value, from voluntarily participating in a venture which has engaged in any act in violation of § 22-1832, § 22-1833, § 22-1834, or § 22-1835, knowing or in reckless disregard of the fact that the venture has engaged in the violation.
CREDIT(S)
(Oct. 23, 2010, D.C. Law 18-239, § 106, 57 DCR 5405.)
Current through April 16, 2013
|
DC ST § 22-1837 |
Effective: October 23, 2010
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 18A. Human Trafficking.
§ 22-1837. Penalties.
(a)(1) Except as provided in paragraph (2) of this subsection, whoever violates § 22-1832, § 22-1833, or § 22-1834 shall be fined not more than $$200,000, imprisoned for not more than 20 years, or both.
(2)
Whoever violates sections § 22-1832, § 22-1833, or § 22-1834 when the victim is
held or provides services for more than 180 days shall be fined not more than 1
1/
(b) Whoever violates § 22-1835 shall be fined not more than $$5,000, imprisoned for not more than 5 years, or both.
(c) Whoever violates § 22-1836 shall be fined or imprisoned up to the maximum fine or term of imprisonment for a violation of each referenced section.
(d)
Whoever attempts to violate § 22-1832, § 22-1833, § 22-1834, § 22-1835 or §
22-1836 shall be fined not more than 1/
(e) No person shall be sentenced consecutively for violations of §§ 22-1833 and 22-1834 for an offense arising out of the same incident.
CREDIT(S)
(Oct. 23, 2010, D.C. Law 18-239, § 107, 57 DCR 5405.)
Current through April 16, 2013
|
DC ST § 22-1838 |
Effective: October 23, 2010
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 18A. Human Trafficking.
§ 22-1838. Forfeiture.
(a) In imposing sentence on any individual or business convicted of a violation of this chapter, the court shall order, in addition to any sentence imposed, that the individual or business shall forfeit to the District of Columbia:
(1) Any interest in any property, real or personal, that was used or intended to be used to commit or to facilitate the commission of the violation; and
(2) Any property, real or personal, constituting or derived from any proceeds that the individual or business obtained, directly or indirectly, as a result of the violation.
(b) The following shall be subject to forfeiture to the District of Columbia and no property right shall exist in them:
(1) Any property, real or personal, used or intended to be used to commit or to facilitate the commission of any violation of this chapter.
(2) Any property, real or personal, which constitutes or is derived from proceeds traceable to any violation of this chapter.
CREDIT(S)
(Oct. 23, 2010, D.C. Law 18-239, § 108, 57 DCR 5405.)
Current through April 16, 2013
|
DC ST § 22-1839 |
Effective: October 23, 2010
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 18A. Human Trafficking.
§ 22-1839. Reputation or opinion evidence.
In a criminal case in which a person is accused of trafficking in commercial sex, as prohibited by § 22-1833, sex trafficking of children, as prohibited by § 22-1834, or benefitting financially from human trafficking, as prohibited by § 22-1836, reputation or opinion evidence of the past sexual behavior of the alleged victim is not admissible. Evidence of an alleged victim's past sexual behavior other than reputation or opinion evidence also is not admissible, unless such evidence other than reputation or opinion evidence is admitted in accordance with § 22-3022(b), and is constitutionally required to be admitted.
CREDIT(S)
(Oct. 23, 2010, D.C. Law 18-239, § 109, 57 DCR 5405.)
Current through April 16, 2013
|
DC ST § 22-1840 |
Effective: October 23, 2010
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 18A. Human Trafficking.
§ 22-1840. Civil action.
(a) An individual who is a victim of an offense prohibited by § 22-1832, § 22-1833, § 22-1834, § 22-1835 or § 22-1836 may bring a civil action in the Superior Court of the District of Columbia. The court may award actual damages, compensatory damages, punitive damages, injunctive relief, and any other appropriate relief. A prevailing plaintiff shall also be awarded attorney's fees and costs. Treble damages shall be awarded on proof of actual damages where a defendant's acts were willful and malicious.
(b) Any statute of limitation imposed for the filing of a civil suit under this section shall not begin to run until the plaintiff knew, or reasonably should have known, of any act constituting a violation of § 22-1832, § 22-1833, § 22-1834, § 22-1835 or § 22-1836, or until a minor plaintiff has reached the age of majority, whichever is later.
(c) If a person entitled to sue is imprisoned, insane, or similarly incapacitated at the time the cause of action accrues, so that it is impossible or impracticable for him or her to bring an action, then the time of the incapacity is not part of the time limited for the commencement of the action.
(d) A defendant is estopped to assert a defense of the statute of limitations when the expiration of the statute is due to conduct by the defendant inducing the plaintiff to delay the filing of the action.
CREDIT(S)
(Oct. 23, 2010, D.C. Law 18-239, § 110, 57 DCR 5405.)
Current through April 16, 2013
|
DC ST § 22-1841 |
Effective: February 15, 2012
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 18A. Human Trafficking.
§ 22-1841. Data collection and dissemination. [Not funded]
CREDIT(S)
(Oct. 23, 2010, D.C. Law 18-239, § 111, 57 DCR 5405.)
Current through April 16, 2013
|
DC ST § 22-1901
Formerly cited as DC ST 1981 § 22-1901 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 19. Incest.
§ 22-1901. Definition and penalty.
If any person in the District related to another person within and not including the fourth degree of consanguinity, computed according to the rules of the Roman or civil law, shall marry or cohabit with or have sexual intercourse with such other so-related person, knowing him or her to be within said degree of relationship, the person so offending shall be deemed guilty of incest, and, on conviction thereof, shall be punished by imprisonment for not more than 12 years.
CREDIT(S)
(Mar. 3, 1901, 31 Stat. 1332, ch. 854, § 875.)
Current through April 16, 2013
|
DC ST § 22-1931 |
Effective: April 24, 2007
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 19A. Interfering with Reports of Crimes.
§ 22-1931. Obstructing, preventing, or interfering with reports to or requests for assistance from law enforcement agencies, medical providers, or child welfare agencies.
(a) It shall be unlawful for a person to knowingly disconnect, damage, disable, temporarily or permanently remove, or use physical force or intimidation to block access to any telephone, radio, computer, or other electronic communication device with a purpose to obstruct, prevent, or interfere with:
(1) The report of any criminal offense to any law enforcement agency;
(2) The report of any bodily injury or property damage to any law enforcement agency;
(3) A request for ambulance or emergency medical assistance to any governmental agency, or any hospital, doctor, or other medical service provider, or
(4) The report of any act of child abuse or neglect to a law enforcement or child welfare agency.
(b) A person who violates subsection (a) of this section shall be fined not more than $1,000 or imprisoned not more than 180 days, or both.
CREDIT(S)
(Apr. 24, 2007, D.C. Law 16-306, § 107, 53 DCR 8610.)
Current through April 16, 2013
|
DC ST § 22-2001
Formerly cited as DC ST 1981 § 22-2101 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 20. Kidnapping.
§ 22-2001. Definition and penalty; conspiracy.
Whoever shall be guilty of, or of aiding or abetting in, seizing, confining, inveigling, enticing, decoying, kidnapping, abducting, concealing, or carrying away any individual by any means whatsoever, and holding or detaining, or with the intent to hold or detain, such individual for ransom or reward or otherwise, except, in the case of a minor, by a parent thereof, shall, upon conviction thereof, be punished by imprisonment for not more than 30 years. For purposes of imprisonment following revocation of release authorized by § 24-403.01, the offense defined by this section is a Class A felony. This section shall be held to have been violated if either the seizing, confining, inveigling, enticing, decoying, kidnapping, abducting, concealing, carrying away, holding, or detaining occurs in the District of Columbia. If 2 or more individuals enter into any agreement or conspiracy to do any act or acts which would constitute a violation of the provisions of this section, and 1 or more of such individuals do any act to effect the object of such agreement or conspiracy, each such individual shall be deemed to have violated the provisions of this section.
CREDIT(S)
(Mar. 3, 1901, 31 Stat. 1322, ch. 854, § 812; Feb. 18, 1933, 47 Stat. 858, ch. 103; Nov. 8, 1965, 79 Stat. 1307, Pub. L. 89-347, § 3; June 8, 2001, D.C. Law 13-302, § 4(g), 47 DCR 7249.)
Current through April 16, 2013
|
DC ST § 22-2101
Formerly cited as DC ST 1981 § 22-2401 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 21. Murder; Manslaughter.
§ 22-2101. Murder in the first degree--Purposeful killing; killing while perpetrating certain crimes.
Whoever, being of sound memory and discretion, kills another purposely, either of deliberate and premeditated malice or by means of poison, or in perpetrating or attempting to perpetrate an offense punishable by imprisonment in the penitentiary, or without purpose to do so kills another in perpetrating or in attempting to perpetrate any arson, as defined in § 22-301 or § 22-302, first degree sexual abuse, first degree child sexual abuse, first degree cruelty to children, mayhem, robbery, or kidnaping, or in perpetrating or attempting to perpetrate any housebreaking while armed with or using a dangerous weapon, or in perpetrating or attempting to perpetrate a felony involving a controlled substance, is guilty of murder in the first degree. For purposes of imprisonment following revocation of release authorized by § 24-403.01(b)(7), murder in the first degree is a Class A felony.
CREDIT(S)
(Mar. 3, 1901, 31 Stat. 1321, ch. 854, § 798; June 12, 1940, 54 Stat. 347, ch. 339; Sept. 26, 1992, D.C. Law 9-153, § 2(a), 39 DCR 3868; May 23, 1995, D.C. Law 10-257, § 401(b)(1), 42 DCR 53; May 16, 1998, D.C. Law 12-113, § 2, 44 DCR 6931; June 8, 2001, D.C. Law 13-302, § 4(a), 47 DCR 7249.)
Current through April 16, 2013
|
DC ST § 22-2102
Formerly cited as DC ST 1981 § 22-2402 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 21. Murder; Manslaughter.
§ 22-2102. Murder in the first degree--Placing obstructions upon or displacement of railroads.
Whoever maliciously places an obstruction upon a railroad or street railroad, or displaces or injures anything appertaining thereto, or does any other act with intent to endanger the passage of any locomotive or car, and thereby occasions the death of another, is guilty of murder in the first degree. For purposes of imprisonment following revocation of release authorized by § 24-403.01(b)(7), murder in the first degree is a Class A felony.
CREDIT(S)
(Mar. 3, 1901, 31 Stat. 1321, ch. 854, § 799; June 8, 2001, D.C. Law 13-302, § 4(b), 47 DCR 7249.)
Current through April 16, 2013
|
DC ST § 22-2103
Formerly cited as DC ST 1981 § 22-2403 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 21. Murder; Manslaughter.
§ 22-2103. Murder in the second degree.
Whoever with malice aforethought, except as provided in §§ 22-2101, 22-2102, kills another, is guilty of murder in the second degree. For purposes of imprisonment following revocation of release authorized by § 24-403.01(b)(7), murder in the second degree is a Class A felony.
CREDIT(S)
(Mar. 3, 1901, 31 Stat. 1321, ch. 854, § 800; June 12, 1940, 54 Stat. 347, ch. 339; June 8, 2001, D.C. Law 13-302, § 4(c), 47 DCR 7249.)
Current through April 16, 2013
|
DC ST § 22-2104
Formerly cited as DC ST 1981 § 22-2404 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 21. Murder; Manslaughter.
§ 22-2104. Penalty for murder in first and second degrees.
(a) The punishment for murder in the first degree shall be not less than 30 years nor more than life imprisonment without release, except that the court may impose a prison sentence in excess of 60 years only in accordance with § 22-2104.01 or § 24-403.01(b-2). The prosecution shall notify the defendant in writing at least 30 days prior to trial that it intends to seek a sentence of life imprisonment without release as provided in § 22-2104.01; provided that, no person who was less than 18 years of age at the time the murder was committed shall be sentenced to life imprisonment without release.
(b) Notwithstanding any other provision of law, a person convicted of murder in the first degree shall not be released from prison prior to the expiration of 30 years from the date of the commencement of the sentence.
(c) Whoever is guilty of murder in the second degree shall be sentenced to a period of incarceration of not more than life, except that the court may impose a prison sentence in excess of 40 years only in accordance with § 24-403.01(b-2).
(d) For purposes of imprisonment following revocation of release authorized by § 24-403.01(b)(7), murder in the first degree and murder in the second degree are Class A felonies.
CREDIT(S)
(Mar. 3, 1901, 31 Stat. 1321, ch. 854, § 801; Jan. 30, 1925, 43 Stat. 798, ch. 115, § 1; Mar. 22, 1962, 76 Stat. 46, Pub. L. 87-423, § 1; Feb. 26, 1981, D.C. Law 3-113, § 2, 27 DCR 5624; Sept. 26, 1992, D.C. Law 9-153, § 2(b), (c), 39 DCR 3868; May 23, 1995, D.C. Law 10-256, § 2(a), 42 DCR 20; June 8, 2001, D.C. Law 13-302, § 4(d), 47 DCR 7249.)
Current through April 16, 2013
|
DC ST § 22-2104.01
Formerly cited as DC ST 1981 § 22-2404.1 |
Effective: June 25, 2008
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 21. Murder; Manslaughter.
§ 22-2104.01. Sentencing procedure for murder in the first degree.
(a) If a defendant is convicted of murder in the first degree, and if the prosecution has given the notice required under § 22-2104(a), a separate sentencing procedure shall be conducted as soon as practicable after the trial has been completed to determine whether to impose a sentence of more than 60 years up to, and including, life imprisonment without possibility of release.
(b) In determining the sentence, a finding shall be made whether, beyond a reasonable doubt, any of the following aggravating circumstances exist:
(1) The murder was committed in the course of kidnapping or abduction, or an attempt to kidnap or abduct;
(2) The murder was committed for hire;
(3) The murder was committed for the purpose of avoiding or preventing a lawful arrest or effecting an escape from custody;
(4) The murder was especially heinous, atrocious, or cruel;
(5) The murder was a drive-by or random shooting;
(6) There was more than 1 offense of murder in the first degree arising out of 1 incident;
(7) The murder was committed because of the victim's race, color, religion, national origin, sexual orientation, or gender identity or expression (as defined in § 2-1401.02(12A));
(8) The murder was committed while committing or attempting to commit a robbery, arson, rape, or sexual offense;
(9) The murder was committed because the victim was or had been a witness in any criminal investigation or judicial proceeding, or the victim was capable of providing or had provided assistance in any criminal investigation or judicial proceeding;
(10) The murder victim was especially vulnerable due to age or a mental or physical infirmity;
(11) The murder is committed after substantial planning; or
(12) At the time of the commission of the murder, the defendant had previously been convicted and sentenced, whether in a court of the District of Columbia, of the United States, or of any state, for (A) murder, (B) manslaughter, (C) any attempt, solicitation, or conspiracy to commit murder, (D) assault with intent to kill, (E) assault with intent to murder, or (F) at least twice, for any offense or offenses, described in § 22-4501(f), whether committed in the District of Columbia or any other state, or the United States. A person shall be considered as having been convicted and sentenced twice for an offense or offenses when the initial sentencing for the conviction in the first offense preceded the commission of the second offense and the initial sentencing for the second offense preceded the commission of the instant murder.
(c) The finding shall state in writing whether, beyond a reasonable doubt, 1 or more of the aggravating circumstances exist. If 1 or more aggravating circumstances exist, a sentence of more than 60 years up to, and including, life imprisonment without release may be imposed.
(d) If the trial court is reversed on appeal because of error only in the separate sentencing procedure, any new proceeding before the trial court shall pertain only to the issue of sentencing.
CREDIT(S)
(Mar. 3, 1901, ch. 854, § 801a, as added Sept. 26, 1992, D.C. Law 9-153, § 2(d), 39 DCR 3868; May 23, 1995, D.C. Law 10-256, § 2(b), 42 DCR 20; June 3, 1997, D.C. Law 11-275, § 5, 44 DCR 1408; June 8, 2001, D.C. Law 13-302, § 4(e), 47 DCR 7249; June 25, 2008, D.C. Law 17-177, § 11, 55 DCR 3696.)
Current through April 16, 2013
|
DC ST § 22-2105
Formerly cited as DC ST 1981 § 22-2405 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 21. Murder; Manslaughter.
§ 22-2105. Penalty for manslaughter.
Whoever is guilty of manslaughter shall be sentenced to a period of imprisonment not exceeding 30 years.
CREDIT(S)
(Mar. 3, 1901, 31 Stat. 1321, ch. 854, § 802; May 23, 1995, D.C. Law 10-256, § 2(c), 42 DCR 20.)
Current through April 16, 2013
|
DC ST § 22-2106
Formerly cited as DC ST 1981 § 22-2406 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 21. Murder; Manslaughter.
§ 22-2106. Murder of law enforcement officer.
(a) Whoever, with deliberate and premeditated malice, and with knowledge or reason to know that the victim is a law enforcement officer or public safety employee, kills any law enforcement officer or public safety employee engaged in, or on account of, the performance of such officer's or employee's official duties, is guilty of murder of a law enforcement officer or public safety employee, and shall be sentenced to life without the possibility of release. It shall not be a defense to this charge that the victim was acting unlawfully by seizing or attempting to seize the defendant or another person.
(b) For the purposes of subsection (a) of this section, the term:
(1) “Law enforcement officer” means:
(A) A sworn member of the Metropolitan Police Department;
(B) A sworn member of the District of Columbia Protective Services;
(C) The Director, deputy directors, and officers of the District of Columbia Department of Corrections;
(D) Any probation, parole, supervised release, community supervision, or pretrial services officer of the Court Services and Offender Supervision Agency or The Pretrial Services Agency;
(E) Metro Transit police officers; and
(F) Any federal, state, county, or municipal officer performing functions comparable to those performed by the officers described in subparagraphs (A), (C), (D), (E), and (F) of this paragraph, including but not limited to state, county, or municipal police officers, sheriffs, correctional officers, parole officers, and probation and pretrial service officers.
(2) “Public safety employee” means:
(A)
A District of Columbia firefighter, emergency medical technician/ paramedic,
emergency medical technician/
(B) Any federal, state, county, or municipal officer performing functions comparable to those performed by the District of Columbia employees described in subparagraph (A) of this paragraph.
CREDIT(S)
(Mar. 3, 1901, 31 Stat. 1321, ch. 854, § 802a, as added May 23, 1995, D.C. Law 10-256, § 2(d), 42 DCR 20; Oct. 17, 2002, D.C. Law 14-194, § 154, 49 DCR 5306.)
Current through April 16, 2013
|
DC ST § 22-2107 |
Effective: April 24, 2007
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 21. Murder; Manslaughter.
§ 22-2107. Penalty for solicitation of murder or other crime of violence.
(a) Whoever is guilty of soliciting a murder, whether or not such murder occurs, shall be sentenced to a period of imprisonment not exceeding 20 years, a fine of $20,000, or both.
(b) Whoever is guilty of soliciting a crime of violence as defined by § 23-1331(4), whether or not such crime occurs, shall be sentenced to a period of imprisonment not exceeding 10 years, a fine of $10,000, or both.
CREDIT(S)
(Mar. 3, 1901, ch. 854, § 802b, as added Apr. 24, 2007, D.C. Law 16-306, § 209, 53 DCR 8610.)
Current through April 16, 2013
|
DC ST § 22-2201
Formerly cited as DC ST 1981 § 22-2001 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 22. Obscenity.
§ 22-2201. Certain obscene activities and conduct declared unlawful; definitions; penalties; affirmative defenses; exception.
(a)(1) It shall be unlawful in the District of Columbia for a person knowingly:
(A) To sell, deliver, distribute, or provide, or offer or agree to sell, deliver, distribute, or provide any obscene, indecent, or filthy writing, picture, sound recording, or other article or representation;
(B) To present, direct, act in, or otherwise participate in the preparation or presentation of, any obscene, indecent, or filthy play, dance, motion picture, or other performance;
(C) To pose for, model for, print, record, compose, edit, write, publish, or otherwise participate in preparing for publication, exhibition, or sale, any obscene, indecent, or filthy writing, picture, sound recording, or other article or representation;
(D) To sell, deliver, distribute, or provide, or offer or agree to sell, deliver, distribute or provide any article, thing, or device which is intended for or represented as being for indecent or immoral use;
(E) To create, buy, procure, or possess any matter described in the preceding subparagraphs of this paragraph with intent to disseminate such matter in violation of this subsection;
(F) To advertise or otherwise promote the sale of any matter described in the preceding subparagraphs of this paragraph; or
(G) To advertise or otherwise promote the sale of material represented or held out by such person to be obscene.
(2)(A) For purposes of subparagraph (E) of paragraph (1) of this subsection, the creation, purchase, procurement, or possession of a mold, engraved plate, or other embodiment of obscenity specially adapted for reproducing multiple copies or the possession of more than 3 copies, of obscene, indecent, or filthy material shall be prima facie evidence of an intent to disseminate such material in violation of this subsection.
(B) For purposes of paragraph (1) of this subsection, the term “knowingly” means having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry of, the character and content of any article, thing, device, performance, or representation described in paragraph (1) of this subsection which is reasonably susceptible of examination.
(3) When any person is convicted of a violation of this subsection, the court in its judgment of conviction may, in addition to the penalty prescribed, order the confiscation and disposal of any materials described in paragraph (1) of this subsection, which were named in the charge against such person and which were found in the possession or under the control of such person at the time of such person's arrest.
(b)(1) It shall be unlawful in the District of Columbia for any person knowingly:
(A) To sell, deliver, distribute, or provide, or offer or agree to sell, deliver, distribute, or provide to a minor:
(i) Any picture, photograph, drawing, sculpture, motion picture film, or similar visual representation or image of a person or portion of the human body, which depicts nudity, sexual conduct, or sado-masochistic abuse and which taken as a whole is patently offensive because it affronts prevailing standards in the adult community as a whole with respect to what is suitable material for minors; or
(ii) Any book, magazine, or other printed matter however reproduced or sound recording, which depicts nudity, sexual conduct, or sado-masochistic abuse or which contains explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct, or sado-masochistic abuse and which taken as a whole is patently offensive because it affronts prevailing standards in the adult community as a whole with respect to what is suitable material for minors; or
(B) To exhibit to a minor, or to sell or provide to a minor an admission ticket to, or pass to, or to admit a minor to, premises whereon there is exhibited, a motion picture, show, or other presentation which, in whole or in part, depicts nudity, sexual conduct, or sado-masochistic abuse and which taken as a whole is patently offensive because it affronts prevailing standards in the adult community as a whole with respect to what is suitable material for minors.
(2) For purposes of paragraph (1) of this subsection:
(A) The term “minor” means any person under the age of 17 years.
(B) The term “nudity” includes the showing of the human male or female genitals, pubic area or buttocks with less than a full opaque covering, or the showing of the female breast with less than a full opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state.
(C) The term “sexual conduct” includes acts of sodomy, masturbation, homosexuality, sexual intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or, if such person be a female, breast.
(D) The term “sexual excitement” includes the condition of human male or female genitals when in a state of sexual stimulation or arousal.
(E) The term “sado-masochistic abuse” includes flagellation or torture by or upon a person clad in undergarments or a mask or bizarre costume, or the condition of being fettered, bound, or otherwise physically restrained on the part of one so clothed.
(F) The term “knowingly” means having a general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry or both of:
(i) The character and content of any material described in paragraph (1) of this subsection which is reasonably susceptible of examination by the defendant; and
(ii) The age of the minor.
(c) It shall be an affirmative defense to a charge of violating subsection (a) or (b) of this section that the dissemination was to institutions or individuals having scientific, educational, or other special justification for possession of such material.
(d) Nothing in this section shall apply to a licensee under the Communications Act of 1934 (47 U.S.C. § 151 et seq.) while engaged in activities regulated pursuant to such Act.
(e) A person convicted of violating subsection (a) or (b) of this section shall for the 1st offense be fined not more than $1,000 or imprisoned not more than 180 days, or both. A person convicted of a 2nd or subsequent offense under subsection (a) or (b) of this section shall be fined not less than $1,000 nor more than $5,000 or imprisoned not less than 6 months or more than 3 years, or both.
CREDIT(S)
(Mar. 3, 1901, 31 Stat. 1332, ch. 854, § 872; Dec. 27, 1967, 81 Stat. 738, Pub. L. 90-226, title VI, § 606; May 21, 1994, D.C. Law 10-119, § 2(p), 41 DCR 1639; Aug. 20, 1994, D.C. Law 10-151, § 105(m), 41 DCR 2608.)
Current through April 16, 2013
|
DC ST § 22-2301
Formerly cited as DC ST 1981 § 22-3311 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 23. Panhandling.
§ 22-2301. Definitions.
For the purposes of this chapter, the term:
(1) “Aggressive manner” means:
(A) Approaching, speaking to, or following a person in a manner as would cause a reasonable person to fear bodily harm or the commission of a criminal act upon the person, or upon property in the person's immediate possession;
(B) Touching another person without that person's consent in the course of asking for alms;
(C) Continuously asking, begging, or soliciting alms from a person after the person has made a negative response; or
(D) Intentionally blocking or interfering with the safe or free passage of a person by any means, including unreasonably causing a person to take evasive action to avoid physical contact.
(2) “Ask, beg, or solicit alms” includes the spoken, written, or printed word or such other act conducted for the purpose of obtaining an immediate donation of money or thing of value.
CREDIT(S)
(Nov. 17, 1993, D.C. Law 10-54, § 2, 40 DCR 5450.)
Current through April 16, 2013
|
DC ST § 22-2302
Formerly cited as DC ST 1981 § 22-3312 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 23. Panhandling.
§ 22-2302. Prohibited acts.
(a) No person may ask, beg, or solicit alms, including money and other things of value, in an aggressive manner in any place open to the general public, including sidewalks, streets, alleys, driveways, parking lots, parks, plazas, buildings, doorways and entrances to buildings, and gasoline service stations, and the grounds enclosing buildings.
(b) No person may ask, beg, or solicit alms in any public transportation vehicle; or at any bus, train, or subway station or stop.
(c) No person may ask, beg, or solicit alms within 10 feet of any automatic teller machine (ATM).
(d) No person may ask, beg, or solicit alms from any operator or occupant of a motor vehicle that is in traffic on a public street.
(e) No person may ask, beg, or solicit alms from any operator or occupant of a motor vehicle on a public street in exchange for blocking, occupying, or reserving a public parking space, or directing the operator or occupant to a public parking space.
(f) No person may ask, beg, or solicit alms in exchange for cleaning motor vehicle windows while the vehicle is in traffic on a public street.
(g) No person may ask, beg, or solicit alms in exchange for protecting, watching, washing, cleaning, repairing, or painting a motor vehicle or bicycle while it is parked on a public street.
(h) No person may ask, beg, or solicit alms on private property or residential property, without permission from the owner or occupant.
CREDIT(S)
(Nov. 17, 1993, D.C. Law 10-54, § 3, 40 DCR 5450.)
Current through April 16, 2013
|
DC ST § 22-2303
Formerly cited as DC ST 1981 § 22-3313 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 23. Panhandling.
§ 22-2303. Permitted activity.
Acts authorized as an exercise of a person's constitutional right to picket, protest, or speak, and acts authorized by a permit issued by the District of Columbia government shall not constitute unlawful activity under this chapter.
CREDIT(S)
(Nov. 17, 1993, D.C. Law 10-54, § 4, 40 DCR 5450.)
Current through April 16, 2013
|
DC ST § 22-2304
Formerly cited as DC ST 1981 § 22-3314 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 23. Panhandling.
§ 22-2304. Penalties.
(a) Any person convicted of violating any provision of § 22-2302 shall be fined not more than $300 or be imprisoned not more than 90 days or both.
(b) In lieu of or in addition to the penalty provided in subsection (a) of this section, a person convicted of violating any provision of § 22-2302 may be required to perform community service as provided in § 16-712.
CREDIT(S)
(Nov. 17, 1993, D.C. Law 10-54, § 5, 40 DCR 5450.)
Current through April 16, 2013
|
DC ST § 22-2305
Formerly cited as DC ST 1981 § 22-3315 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 23. Panhandling.
§ 22-2305. Conduct of prosecutions.
Prosecutions for violations of this chapter shall be conducted in the name of the District of Columbia by the Corporation Counsel.
CREDIT(S)
(Nov. 17, 1993, D.C. Law 10-54, § 6, 40 DCR 5450.)
Current through April 16, 2013
|
DC ST § 22-2306
Formerly cited as DC ST 1981 § 22-3316 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 23. Panhandling.
§ 22-2306. Disclosure.
Any arrest or conviction under this chapter shall be disclosed to public and private social service agencies that request the Metropolitan Police Department or the court to be notified of such events.
CREDIT(S)
(Nov. 17, 1993, D.C. Law 10-54, § 7, 40 DCR 5450.)
Current through April 16, 2013
|
DC ST § 22-2401
Formerly cited as DC ST 1981 § 22-2501 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 24. Perjury; Related Offenses.
§ 22-2401. Perjury; subornation of perjury. [Repealed]
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 602(nn), 29 DCR 3976.)
Current through April 16, 2013
|
DC ST § 22-2402
Formerly cited as DC ST 1981 § 22-2511 |
Effective: July 23, 2010
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 24. Perjury; Related Offenses.
§ 22-2402. Perjury.
(a) A person commits the offense of perjury if:
(1) Having taken an oath or affirmation before a competent tribunal, officer, or person, in a case in which the law authorized such oath or affirmation to be administered, that he or she will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by that person subscribed is true, wilfully and contrary to an oath or affirmation states or subscribes any material matter which he or she does not believe to be true and which in fact is not true;
(2) As a notary public or other officer authorized to take proof of certification, wilfully certifies falsely that an instrument was acknowledged by any party thereto or wilfully certifies falsely as to another material matter in an acknowledgement; or
(3) In any declaration, certificate, verification, or statement made under penalty of perjury in the form specified in § 16-5306 or 28 U.S.C. § 1746(2), the person willfully states or subscribes as true any material matter that the person does not believe to be true and that in fact is not true.
(b) Any person convicted of perjury shall be fined not more than $5,000 or imprisoned for not more than 10 years, or both.
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 401, 29 DCR 3976; July 23, 2010, D.C. Law 18-191, § 3, 57 DCR 3400.)
Current through April 16, 2013
|
DC ST § 22-2403
Formerly cited as DC ST 1981 § 22-2512 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 24. Perjury; Related Offenses.
§ 22-2403. Subornation of perjury.
A person commits the offense of subornation of perjury if that person wilfully procures another to commit perjury. Any person convicted of subornation of perjury shall be fined not more than $5,000 or imprisoned for not more than 10 years, or both.
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 402, 29 DCR 3976.)
Current through April 16, 2013
|
DC ST § 22-2404
Formerly cited as DC ST 1981 § 22-2513 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 24. Perjury; Related Offenses.
§ 22-2404. False swearing.
(a) A person commits the offense of false swearing if under oath or affirmation he or she wilfully makes a false statement, in writing, that is in fact material and the statement is one which is required by law to be sworn or affirmed before a notary public or other person authorized to administer oaths.
(b) Any person convicted of false swearing shall be fined not more than $2,500 or imprisoned for not more than 3 years, or both.
CREDIT(S)
(Dec. 1, 1982, D.C. 4-164, § 403, 29 DCR 3976.)
Current through April 16, 2013
|
DC ST § 22-2405
Formerly cited as DC ST 1981 § 22-2514 |
Effective: June 5, 2012
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 24. Perjury; Related Offenses.
§ 22-2405. False statements.
(a) A person commits the offense of making false statements if that person wilfully makes a false statement that is in fact material, in writing, directly or indirectly, to any instrumentality of the District of Columbia government, under circumstances in which the statement could reasonably be expected to be relied upon as true; provided, that the writing indicates that the making of a false statement is punishable by criminal penalties or if that person makes an affirmation by signing an entity filing or other document under Title 29 of the District of Columbia Official Code, knowing that the facts stated in the filing are not true in any material respect or if that person makes an affirmation by signing a declaration under § 1-1061.13, knowing that the facts stated in the filing are not true in any material respect;
(b) Any person convicted of making false statements shall be fined not more than $1,000 or imprisoned for not more than 180 days, or both. A violation of this section shall be prosecuted by the Attorney General for the District of Columbia or one of the Attorney General’s assistants.
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 404, 29 DCR 3976; Aug. 20, 1994, D.C. Law 10-151, § 113(e), 41 DCR 2608; July 2, 2011, D.C. Law 18-378, § 3(e), 58 DCR 1720; June 5, 2012, D.C. Law 19-137, § 121(b), 59 DCR 2542.)
Current through April 16, 2013
|
DC ST § 22-2501
Formerly cited as DC ST 1981 § 22-3601 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 25. Possession of Implements of Crime.
§ 22-2501. Possession of implements of crime; penalty.
No person shall have in his or her possession in the District any instrument, tool, or implement for picking locks or pockets, with the intent to use such instrument, tool, or implement to commit a crime. Whoever violates this section shall be imprisoned for not more than 180 days and may be fined not more than $1,000, unless the violation occurs after he or she has been convicted in the District of a violation of this section or of a felony, either in the District or another jurisdiction, in which case he or she shall be imprisoned for not less than one year nor more than 5 years.
CREDIT(S)
(June 29, 1953, 67 Stat. 97, ch. 159, § 209(a); Aug. 5, 1981, D.C. Law 4-29, § 604(a)(2), 28 DCR 3081; Nov. 17, 1981, D.C. Law 4-52, § 3(g), 28 DCR 4348; May 21, 1994, D.C. Law 10-119, § 9(c), 41 DCR 1639; Aug. 20, 1994, D.C. Law 10-151, § 110(b), 41 DCR 2608; June 3, 1997, D.C. Law 11-275, § 11, 44 DCR 1408.)
Current through April 16, 2013
|
DC ST § 22-2511 |
Effective: December 10, 2009
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 25A. Presence in a Motor Vehicle Containing a Firearm.
§ 22-2511. Presence in a motor vehicle containing a firearm.
(a) It is unlawful for a person to be voluntarily in a motor vehicle if that person knows that a firearm is in the vehicle, unless the firearm is being lawfully carried or lawfully transported.
(b) It shall be an affirmative defense to this offense, which the defendant must prove by a preponderance of the evidence, that the defendant, upon learning that a firearm was in the vehicle, had the specific intent to immediately leave the vehicle, but did not have a reasonable opportunity under the circumstances to do so.
(c)(1) Except as provided in paragraph (2) of this subsection, a person who violates this section shall be fined not more than $5,000, imprisoned for not more than 5 years, or both.
(2) If the violation of this section occurs after a person has been convicted in the District of Columbia of a violation of § 22-4504(a), or of a felony, either in the District of Columbia or another jurisdiction, the person shall be fined not more than $10,000, imprisoned for not more than 10 years, or both.
(3) No person shall be sentenced consecutively for this offense and any other firearms offense arising out of the same incident. Any conviction under this section and any conviction for carrying or possessing the same firearm on the same occasion shall be considered as one conviction for purposes of any application of repeat offender sentencing provisions.
CREDIT(S)
(Dec. 10, 2009, D.C. Law 18-88, § 101, 56 DCR 7413.)
Current through April 16, 2013
|
DC ST D. IV, T. 22, Subt. I, Ch. 26, Refs & Annos |
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 26. Prison Misconduct.
Current through April 16, 2013
|
DC ST § 22-2601
Formerly cited as DC ST 1981 § 22-2601 |
Effective: June 9, 2011
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 26. Prison Misconduct. (Refs & Annos)
Subchapter I. Escape.
§ 22-2601. Escape from institution or officer.
(a) No person shall escape or attempt to escape from:
(1) Any penal institution or facility in which that person is confined pursuant to an order issued by a court, judge, or commissioner of the District of Columbia;
(2) The lawful custody of an officer or employee of the District of Columbia or of the United States: or
(3) An institution or facility, whether located in the District of Columbia or elsewhere, in which a person committed to the Department of Youth Rehabilitation Services is placed.
(b) Any person who violates subsection (a) of this section shall be fined not more than $5,000 or imprisoned not more than 5 years, or both, said sentence to begin, if the person is an escaped prisoner, upon the expiration of the original sentence or disposition for the offense for which he or she was confined, committed, or in custody at the time of his or her escape.
CREDIT(S)
(July 15, 1932, 47 Stat. 698, ch. 492, § 8; June 6, 1940, 54 Stat. 243, ch. 254, § 6(a); July 29, 1970, 84 Stat. 574, Pub. L. 91-358, title I, § 157(b); Aug. 20, 1994, D.C. Law 10-151, § 203, 41 DCR 2608; June 3, 2011, D.C. Law 18-377, § 9, 58 DCR 1174.)
Current through April 16, 2013
|
DC ST § 22-2602
Formerly cited as DC ST 1981 § 22-2602 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 26. Prison Misconduct. (Refs & Annos)
Subchapter II. Misprisions.
§ 22-2602. Misprisions by officers or employees of jail. [Repealed]
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 602(oo), 29 DCR 3976.)
Current through April 16, 2013
|
DC ST § 22-2603.01
Formerly cited as DC ST 1981 § 22-2603 |
Effective: June 9, 2011
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 26. Prison Misconduct. (Refs & Annos)
Subchapter III. Introduction of Contraband Into Penal Institution.
§ 22-2603.01. Definitions
For the purposes of this subchapter, the term:
(1) “Cellular telephone or other portable communication device and accessories thereto” means any device carried, worn, or stored that is designed, intended, or readily converted to create, receive or transmit oral or written messages or visual images, access or store data, or connect electronically to the Internet, or any other electronic device that enables communication in any form. The term “cellular telephone or other portable communication device and accessories thereto” includes portable 2-way pagers, hand-held radios, cellular telephones, Blackberry-type devices, personal digital assistants or PDAs, computers, cameras, and any components of these devices. The term “cellular telephone or other portable communication device and accessories thereto” also includes any new technology that is developed for communication purposes and includes accessories that enable or facilitate the use of the cellular telephone or other portable communication device.
(2)(A) “Class A Contraband” means:
(i) Any item, the mere possession of which is unlawful under District of Columbia or federal law;
(ii) Any controlled substance listed or described in Unit A of Chapter 9 of Title 48, or any controlled substance scheduled by the Mayor pursuant to § 48-902.01;
(iii) Any dangerous weapon or object which is capable of such use as may endanger the safety or security of a penal institution or secure juvenile residential facility or any person therein, including,:
(I) A firearm or imitation firearm, or any component of a firearm;
(II) Ammunition or ammunition clip;
(III) A stun gun, taser, or other device capable of disrupting a person's nervous system;
(IV) Flammable liquid or explosive powder;
(V) A knife, screwdriver, ice pick, box cutter, needle, or any other object or tool that can be used for cutting, slicing, stabbing, or puncturing a person;
(VI) A shank or homemade knife; or
(VII) Tear gas, pepper spray, or other substance that can be used to cause temporary blindness or incapacitation;
(iv) Any object designed or intended to facilitate an escape;
(v) Handcuffs, security restraints, handcuff keys, or any other object designed or intended to lock, unlock, or release handcuffs or security restraints;
(vi) A hacksaw, hacksaw blade, wire cutter, file, or any other object or tool that can be used to cut through metal, concrete, or plastic;
(vii) Rope; or
(viii) When possessed by, given to, or intended to be given to an inmate or securely detained juvenile, a correctional officer's uniform, law enforcement officer's uniform, medical staff clothing, any other uniform, or civilian clothing.
(B) The term “Class A contraband” does not include any object or substance which a person is authorized to possess in the penal institution or secure juvenile residential facility by the director of the penal institution or secure juvenile residential facility and that is in the form or quantity for which it was authorized.
(3)(A) “Class B Contraband” means:
(i) Any alcoholic liquor or beverage;
(ii) A hypodermic needle or syringe or other item that can be used for the administration of unlawful controlled substances; or
(iii) A cellular telephone or other portable communication device and accessories thereto.
(B) The term “Class B contraband” does not include any object or substance which a person is authorized to possess in the penal institution or secure juvenile residential facility by the director of the penal institution or secure juvenile residential facility and that is in the form or quantity for which it was authorized.
(4)(A) “Class C Contraband” means any article or thing which a person confined in a penal institution or secure juvenile residential facility is prohibited from obtaining or possessing by rule. The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall promulgate by rulemaking the articles or things that are Class C contraband. The rules shall be posted in the facility to give notice of the prohibited articles or things.
(B) The term “Class C contraband” does not include any object or substance which a person is authorized to possess in the penal institution or secure juvenile residential facility by the director of the penal institution or secure juvenile residential facility and that is in the form or quantity for which it was authorized.
(5) “Grounds” means the area of land occupied by the penal institution or secure juvenile residential facility and its yard and outbuildings, with a clearly identified perimeter.
(6) “Penal institution” means any penitentiary, prison, jail, or secure facility owned, operated, or under the control of the Department of Corrections, whether located within the District of Columbia or elsewhere.
(7) “Secure juvenile residential facility” means a locked residential facility providing custody, supervision, and care for one or more juveniles that is owned, operated, or under the control of the Department of Youth Rehabilitation Services, excluding residential treatment facilities and accredited hospitals.
CREDIT(S)
(Dec. 15, 1941, 55 Stat. 800, ch. 572, § 1; June 25, 1948, 62 Stat. 991, ch. 646, § 32(b); May 24, 1949, 63 Stat. 107, ch. 139, § 127; July 29, 1970, 84 Stat. 572, Pub. L. 91-358, title I, § 155(c)(30); redesignated § 2, Dec. 10, 2009, D.C. Law 18-88, § 210, 56 DCR 7413; Nov. 6, 2010, D.C. Law 18-259, § 5, 57 DCR 5591; June 3, 2011, D.C. Law 18-377, § 10(a), 58 DCR 1174.)
Current through April 16, 2013
|
DC ST § 22-2603.02 |
Effective: June 9, 2011
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 26. Prison Misconduct. (Refs & Annos)
Subchapter III. Introduction of Contraband Into Penal Institution.
§ 22-2603.02. Unlawful possession of contraband.
(a) Except as authorized by law, the Mayor, the Director of the Department of Corrections, or the Director of the Department of Youth Rehabilitation Services, it is unlawful to:
(1) Knowingly bring Class A, Class B, or Class C contraband into or upon the grounds of a penal institution or a secure juvenile residential facility with the intent that it be given to or received by an inmate or securely detained juvenile;
(2) Knowingly cause another to bring Class A, Class B, or Class C contraband into or upon the grounds of a penal institution or a secure juvenile residential facility with the intent that it be given to or received by an inmate or securely detained juvenile; or
(3) Knowingly place Class A, Class B, or Class C contraband in such proximity to a penal institution or a secure juvenile residential facility with the intent to give an inmate, a securely detained juvenile, a staff member, or a visitor access to the contraband.
(b) It is unlawful for an inmate, or securely detained juvenile, to possess Class A, Class B, or Class C contraband, regardless of the intent with which he or she possesses it.
(c) It is unlawful for an employee of the Department of Corrections or Department of Youth Rehabilitation Services who becomes aware of any violation of this section to fail to report such knowledge as required by department regulations, policies, or procedures.
(d)(1) Any item listed as contraband is not deemed to be contraband when issued by a penal institution or secure juvenile residential facility to an employee and the item is being used in the performance of the employee's duties within the penal institution or secure juvenile residential facility.
(2) Any item listed as contraband is not deemed to be contraband when issued by a law enforcement agency to its sworn officers and the item is being used in the performance of his or her duties.
(e) It is not unlawful for an attorney, or representative or agent of an attorney, during the course of a visit for the purpose of legal representation of the inmate or securely detained juvenile, to:
(1) Possess a cellular telephone or other portable communication device and accessories thereto for the purpose of the legal visit for use by the attorney, representative, or agent, and not for the personal use of any inmate or securely detained juvenile; or
(2) Give or transmit to an inmate or securely detained juvenile legal written or recorded communication pertaining to his or her legal representation.
(f) It is not unlawful for a person to possess or carry a controlled substance that is prescribed to that person and that is medically necessary for that person to carry.
CREDIT(S)
(Dec. 15, 1941, 55 Stat. 800, ch. 572, § 1; June 25, 1948, 62 Stat. 991, ch. 646, § 32(b); May 24, 1949, 63 Stat. 107, ch. 139, § 127; July 29, 1970, 84 Stat. 572, Pub. L. 91-358, title I, § 155(c)(30); redesignated § 3, Dec. 10, 2009, D.C. Law 18-88, § 210, 56 DCR 7413; June 3, 2011, D.C. Law 18-377, § 10(b), 58 DCR 1174.)
Current through April 16, 2013
|
DC ST § 22-2603.03 |
Effective: December 10, 2009
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 26. Prison Misconduct. (Refs & Annos)
Subchapter III. Introduction of Contraband Into Penal Institution.
§ 22-2603.03. Penalties.
(a) A person convicted of violating this subchapter with regard to Class A contraband shall be imprisoned for not more than 10 years, fined not more than $10,000, or both.
(b) A person convicted of violating this subchapter with regard to Class B contraband shall be imprisoned for not more than 2 years, fined not more than $2,000, or both.
(c) A person convicted of violating § 22-2603.02(c) shall be imprisoned for not more than 1 year, fined not more than $1,000, or both.
(d) Any term of imprisonment imposed on an inmate or prisoner pursuant to this section shall be:
(1) Consecutive to the term of imprisonment being served at the time this offense was committed; or
(2) If the inmate was confined pending trial or sentencing, consecutive to any term of imprisonment imposed in the case in which the inmate was being detained at the time this offense was committed.
(e) The violation of this subchapter with regard to Class C contraband shall be an administrative penalty prescribed by the Department of Corrections or the Department of Youth Rehabilitation Services.
CREDIT(S)
(Dec. 15, 1941, 55 Stat. 800, ch. 572, § 1; June 25, 1948, 62 Stat. 991, ch. 646, § 32(b); May 24, 1949, 63 Stat. 107, ch. 139, § 127; July 29, 1970, 84 Stat. 572, Pub. L. 91-358, title I, § 155(c)(30); redesignated § 4, Dec. 10, 2009, D.C. Law 18-88, § 210, 56 DCR 7413.)
Current through April 16, 2013
|
DC ST § 22-2603.04 |
Effective: December 10, 2009
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 26. Prison Misconduct. (Refs & Annos)
Subchapter III. Introduction of Contraband Into Penal Institution.
§ 22-2603.04. Detainment power.
Any person who, being lawfully upon the grounds of the penal institution, introduces or attempts to introduce contraband prohibited by § 2-2603.02(a) may be taken into custody by the warden and detained for not more than 2 hours, pending surrender to a police officer with the Metropolitan Police Department.
CREDIT(S)
(Dec. 15, 1941, 55 Stat. 800, ch. 572, § 1; June 25, 1948, 62 Stat. 991, ch. 646, § 32(b); May 24, 1949, 63 Stat. 107, ch. 139, § 127; July 29, 1970, 84 Stat. 572, Pub. L. 91-358, title I, § 155(c)(30); redesignated § 5, Dec. 10, 2009, D.C. Law 18-88, § 210, 56 DCR 7413.)
Current through April 16, 2013
|
DC ST § 22-2701
Formerly cited as DC ST 1981 § 22-2701 |
Effective: April 20, 2012
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 27. Prostitution; Pandering.
Subchapter I. General.
§ 22-2701. Engaging and soliciting for prostitution prohibited.
(a) It is unlawful for any person to engage in prostitution or to solicit for prostitution.
(b)(1) Except as provided in paragraph (2) of this subsection, a person convicted of prostitution or soliciting for prostitution shall be:
(A) Fined not more than $500, imprisoned for not more than 90 days, or both, for the first offense; and
(B) Fined not more than $1,000, imprisoned not more than 180 days, or both, for the second offense.
(2) A person convicted of prostitution or soliciting for prostitution who has 2 or more prior convictions for prostitution or soliciting for prostitution, not committed on the same occasion, shall be fined not more than $4,000, imprisoned for not more than 2 years, or both.
(c) For the purposes of this section, a person shall be considered as having 2 or more prior convictions for prostitution or soliciting for prostitution if he or she has been convicted on at least 2 occasions of violations of:
(1) This section;
(2) A statute in one or more other jurisdictions prohibiting prostitution or soliciting for prostitution; or
(3) Conduct that would constitute a violation of this section if committed in the District of Columbia.
CREDIT(S)
(Aug. 15, 1935, 49 Stat. 651, ch. 546, § 1; June 9, 1948, 62 Stat. 346, ch. 428, title I, § 102; June 29, 1953, 67 Stat. 93, ch. 159, § 202(b); Dec. 10, 1981, D.C. Law 4-57, § 3, 28 DCR 4652; Nov. 21, 1985, D.C. Law 6-62, § 2, 32 DCR 4581; Dec. 1, 1987, D.C. Law 7-44, § 2, 34 DCR 5310; May 24, 1996, D.C. Law 11-130, § 3(a), 43 DCR 1570; Apr. 24, 2007, D.C. Law 16-306, § 211(a), 53 DCR 8610; Dec. 10, 2009, D.C. Law 18-88, § 211, 56 DCR 7413; Apr. 20, 2012, D.C. Law 19-120, § 202, 58 DCR 11235.)
Current through April 16, 2013
|
DC ST § 22-2701.01
Formerly cited as DC ST 1981 § 22-2701.1 |
Effective: April 24, 2007
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 27. Prostitution; Pandering.
Subchapter I. General.
§ 22-2701.01. Definitions.
For the purposes of this section, §§ 22-2701, 22-2703, and 22-2723, § 22-2704, §§ 22-2705 to 22-2712, §§ 22-2713 to 22-2720, and § 22-2722.
(1) “Arranging for prostitution” means any act to procure or attempt to procure or otherwise arrange for the purpose of prostitution, regardless of whether such procurement or arrangement occurred or a fee was paid.
(2) “Domestic partner” shall have the same meaning as provided in § 32-701(3).
(3) “Prostitution” means a sexual act or contact with another person in return for giving or receiving a fee.
(4) “Prostitution-related offenses” means those crimes and offenses defined in this act and in the acts cited in the lead-in language of this section.
(5) “Sexual act” shall have the same meaning as provided in § 22-3001(8).
(6) “Sexual contact” shall have the same meaning as provided in § 22-3001(9).
(7) “Solicit for prostitution” means to invite, entice, offer, persuade, or agree to engage in prostitution or address for the purpose of inviting, enticing, offering, persuading, or agreeing to engage in prostitution.
CREDIT(S)
(Dec. 10, 1981, D.C. Law 4-57, § 2, 28 DCR 4652; May 7, 1993, D.C. Law 9-267, § 3, 39 DCR 5684; Apr. 24, 2007, D.C. Law 16-306, § 212, 53 DCR 8610.)
Current through April 16, 2013
|
DC ST § 22-2702
Formerly cited as DC ST 1981 § 22-2702 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 27. Prostitution; Pandering.
Subchapter I. General.
§ 22-2702. Inmate or frequenter of house of ill fame. [Repealed]
CREDIT(S)
(Dec. 17, 1941, 55 Stat. 810, ch. 589, § 5.)
Current through April 16, 2013
|
DC ST § 22-2703
Formerly cited as DC ST 1981 § 22-2703 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 27. Prostitution; Pandering.
Subchapter I. General.
§ 22-2703. Suspension of sentence; conditions; enforcement.
The court may impose conditions upon any person found guilty under § 22-2701, and so long as such person shall comply therewith to the satisfaction of the court the imposition or execution of sentence may be suspended for such period as the court may direct; and the court may at or before the expiration of such period remand such sentence or cause it to be executed. Conditions thus imposed by the court may include an order to stay away from the area within which the offense or offenses occurred, submission to medical and mental examination, diagnosis and treatment by proper public health and welfare authorities, and such other terms and conditions as the court may deem best for the protection of the community and the punishment, control, and rehabilitation of the defendant. The Department of Human Services of the District of Columbia, the Women's Bureau of the Police Department, and the probation officers of the court are authorized and directed to perform such duties as may be directed by the court in effectuating compliance with the conditions so imposed upon any defendant.
CREDIT(S)
(Aug. 15, 1935, 49 Stat. 651, ch. 546, § 3; Aug. 1, 1950, 64 Stat. 393, ch. 513, § 1; May 24, 1996, D.C. Law 11-130, § 3(b), 43 DCR 1570.)
Current through April 16, 2013
|
DC ST § 22-2704
Formerly cited as DC ST 1981 § 22-2704 |
Effective: April 24, 2007
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 27. Prostitution; Pandering.
Subchapter I. General.
§ 22-2704. Abducting or enticing child from his or her home for purposes of prostitution; harboring such child.
(a) It is unlawful for any person, for purposes of prostitution, to:
(1) Persuade, entice, or forcibly abduct a child under 18 years of age from his or her home or usual abode, or from the custody and control of the child's parents or guardian; or
(2) Secrete or harbor any child so persuaded, enticed, or abducted from his or her home or usual abode, or from the custody and control of the child's parents or guardian.
(b) A person who violates subsection (a) of this section shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not more than 20 years, or by a fine of not more than $20,000, or both.
CREDIT(S)
(Mar. 3, 1901, 31 Stat. 1322, ch. 854, § 813; May 21, 1994, D.C. Law 10-119, § 2(q), 41 DCR 1639; Apr. 24, 2007, D.C. Law 16-306, § 213, 53 DCR 8610.)
Current through April 16, 2013
|
DC ST § 22-2705
Formerly cited as DC ST 1981 § 22-2705 |
Effective: April 24, 2007
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 27. Prostitution; Pandering.
Subchapter I. General.
§ 22-2705. Pandering; inducing or compelling an individual to engage in prostitution.
(a) It is unlawful for any person, within the District of Columbia to:
(1) Place or cause, induce, entice, procure, or compel the placing of any individual in the charge or custody of any other person, or in a house of prostitution, with intent that such individual shall engage in prostitution;
(2) Cause, compel, induce, entice, or procure or attempt to cause, compel, induce, entice, or procure any individual:
(A) To reside with any other person for the purpose of prostitution;
(B) To reside or continue to reside in a house of prostitution; or
(C) To engage in prostitution; or
(3) Take or detain an individual against the individual's will, with intent to compel such individual by force, threats, menace, or duress to marry the abductor or to marry any other person.
(b) It is unlawful for any parent, guardian, or other person having legal custody of the person of an individual, to consent to the individual's being taken, detained, or used by any person, for the purpose of prostitution or a sexual act or sexual contact.
(c)(1) Except as provided in paragraph (2) of this subsection, a person who violates subsection (a) or (b) of this section shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not more than 5 years, or by a fine of not more than $5,000, or both.
(2) A person who violates subsection (a) or (b) of this section when the individual so placed, caused, compelled, induced, enticed, procured, taken, detained, or used or attempted to be so placed, caused, compelled, induced, enticed, procured, taken, detained, or used is under the age of 18 years shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not more than 20 years or by a fine of not more than $20,000, or both.
CREDIT(S)
(June 25, 1910, 36 Stat. 833; Jan. 3, 1941, 54 Stat. 1225, ch. 936, § 1; May 21, 1994, D.C. Law 10-119, § 12(a), 41 DCR 1639; May 17, 1996, D.C. Law 11-119, § 3, 43 DCR 528; Apr. 24, 2007, D.C. Law 16-306, § 214(a), 53 DCR 8610.)
Current through April 16, 2013
|
DC ST § 22-2706
Formerly cited as DC ST 1981 § 22-2706 |
Effective: April 24, 2007
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 27. Prostitution; Pandering.
Subchapter I. General.
§ 22-2706. Compelling an individual to live life of prostitution against his or her will.
(a) It is unlawful for any person, within the District of Columbia, by threats or duress, to detain any individual against such individual's will, for the purpose of prostitution or a sexual act or sexual contact, or to compel any individual against such individual's will, to reside with him or her or with any other person for the purposes of prostitution or a sexual act or sexual contact.
(b)(1) Except as provided in paragraph (2) of this subsection, a person who violates subsection (a) of this section shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not more than 15 years or by a fine of not more than $15,000, or both.
(2) A person who violates subsection (a) of the section when the individual so detained or compelled is under the age of 18 years shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not more than 20 years or by a fine of not more than $20,000, or both.
CREDIT(S)
(June 25, 1910, 36 Stat. 833, ch. 404, § 2; Jan. 3, 1941, 54 Stat. 1225, ch. 936, § 2; May 21, 1994, D.C. Law 10-119, § 12(b), 41 DCR 1639; Apr. 24, 2007, D.C. Law 16-306, § 214(b), 53 DCR 8610.)
Current through April 16, 2013
|
DC ST § 22-2707
Formerly cited as DC ST 1981 § 22-2707 |
Effective: April 24, 2007
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 27. Prostitution; Pandering.
Subchapter I. General.
§ 22-2707. Procuring; receiving money or other valuable thing for arranging assignation.
(a) It is unlawful for any person, within the District of Columbia, to receive any money or other valuable thing for or on account of arranging for or causing any individual to engage in prostitution or a sexual act or contact.
(b)(1) Except as provided in paragraph (2) of this subsection, a person who violates subsection (a) of this section shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not more than 5 years or by a fine of not more than $5,000, or both.
(2) A person who violates subsection (a) of this section when the individual so arranged for or caused to engage in prostitution or a sexual act or contact is under the age of 18 years shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not more than 20 years or by a fine of not more than $20,000, or both.
CREDIT(S)
(June 25, 1910, 36 Stat. 833, ch. 404, § 3; Jan. 3, 1941, 54 Stat. 1226, ch. 936, § 3; May 21, 1994, D.C. Law 10-119, § 12(c), 41 DCR 1639; Apr. 24, 2007, D.C. Law 16-306, § 214(c), 53 DCR 8610.)
Current through April 16, 2013
|
DC ST § 22-2708
Formerly cited as DC ST 1981 § 22-2708 |
Effective: April 24, 2007
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 27. Prostitution; Pandering.
Subchapter I. General.
§ 22-2708. Causing spouse or domestic partner to live in prostitution.
Any person who by force, fraud, intimidation, or threats, places or leaves, or procures any other person or persons to place or leave, a spouse or domestic partner in a house of prostitution, or to lead a life of prostitution, shall be guilty of a felony, and upon conviction thereof shall be imprisoned not less than one year nor more than 10 years.
CREDIT(S)
(June 25, 1910, 36 Stat. 833, ch. 404, § 4; May 21, 1994, D.C. Law 10-119, § 12(d), 41 DCR 1639; June 3, 1997, D.C. Law 11-275, § 6, 44 DCR 1408; Apr. 24, 2007, D.C. Law 16-306, § 214(d), 53 DCR 8610.)
Current through April 16, 2013
|
DC ST § 22-2709
Formerly cited as DC ST 1981 § 22-2709 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 27. Prostitution; Pandering.
Subchapter I. General.
§ 22-2709. Detaining an individual in disorderly house for debt there contracted.
Any person or persons who attempt to detain any individual in a disorderly house or house of prostitution because of any debt or debts such individual has contracted, or is said to have contracted, while living in said house of prostitution or disorderly house shall be guilty of a felony, and on conviction thereof be imprisoned for a term not less than one year nor more than 5 years.
CREDIT(S)
(June 25, 1910, 36 Stat. 833, ch. 404, § 5; May 21, 1994, D.C. Law 10-119, § 12(e), 41 DCR 1639; June 3, 1997, D.C. Law 11-275, § 6, 44 DCR 1408.)
Current through April 16, 2013
|
DC ST § 22-2710
Formerly cited as DC ST 1981 § 22-2710 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 27. Prostitution; Pandering.
Subchapter I. General.
§ 22-2710. Procuring for house of prostitution.
Any person who, within the District of Columbia, shall pay or receive any money or other valuable thing for or on account of the procuring for, or placing in, a house of prostitution, for purposes of sexual intercourse, prostitution, debauchery, or other immoral act, any individual, shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not more than 5 years and by a fine of not more than $1,000.
CREDIT(S)
(June 25, 1910, 36 Stat. 833, ch. 404, § 6; as added Jan. 3, 1941, 54 Stat. 1226, ch. 936, § 4; May 21, 1994, D.C. Law 10-119, § 13(a), 41 DCR 1639.)
Current through April 16, 2013
|
DC ST § 22-2711
Formerly cited as DC ST 1981 § 22-2711 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 27. Prostitution; Pandering.
Subchapter I. General.
§ 22-2711. Procuring for third persons.
Any person who, within the District of Columbia, shall receive any money or other valuable thing for or on account of procuring and placing in the charge or custody of another person for sexual intercourse, prostitution, debauchery, or other immoral purposes any individual shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not more than 5 years and by a fine of not more than $1,000.
CREDIT(S)
(June 25, 1910, 36 Stat. 833, ch. 404, § 7; as added Jan. 3, 1941, 54 Stat. 1226, ch. 936, § 4; May 21, 1994, D.C. Law 10-119, § 13(b), 41 DCR 1639.)
Current through April 16, 2013
|
DC ST § 22-2712
Formerly cited as DC ST 1981 § 22-2712 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 27. Prostitution; Pandering.
Subchapter I. General.
§ 22-2712. Operating house of prostitution.
Any person who, within the District of Columbia, knowingly, shall accept, receive, levy, or appropriate any money or other valuable thing, without consideration other than the furnishing of a place for prostitution or the servicing of a place for prostitution, from the proceeds or earnings of any individual engaged in prostitution shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not more than 5 years and by a fine of not more than $1,000.
CREDIT(S)
(June 25, 1910, 36 Stat. 833, ch. 404, § 8; as added Jan. 3, 1941, 54 Stat. 1226, ch. 936, § 4; May 21, 1994, D.C. Law 10-119, § 12(f), 41 DCR 1639.)
Current through April 16, 2013
|
DC ST § 22-2713
Formerly cited as DC ST 1981 § 22-2713 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 27. Prostitution; Pandering.
Subchapter I. General.
§ 22-2713. Premises occupied for lewdness, assignation, or prostitution declared nuisance.
(a) Whoever shall erect, establish, continue, maintain, use, own, occupy, or release any building, erection, or place used for the purpose of lewdness, assignation, or prostitution in the District of Columbia is guilty of a nuisance, and the building, erection, or place, or the ground itself in or upon which such lewdness, assignation, or prostitution is conducted, permitted, or carried on, continued, or exists, and the furniture, fixtures, musical instruments, and contents are also declared a nuisance, and shall be enjoined and abated as hereinafter provided.
(b) Whoever shall erect, establish, continue, maintain, use, own, occupy, or release any building, erection, or place which is resorted to by persons using controlled substances in violation of Chapter 9 of Title 48, for the purpose of using any of these substances or for the purpose of keeping or selling any of these substances in violation of Chapter 9 of Title 48, is guilty of a nuisance, and the building, erection, or place, or the ground itself in or upon which such activity is conducted, permitted, or carried on, continued, or exists, and the furniture, fixtures, and contents thereof, are also declared a nuisance and disorderly house, and shall be enjoined and abated as hereinafter provided.
CREDIT(S)
(Feb. 7, 1914, 38 Stat. 280, ch. 16, § 1; June 19, 1998, D.C. Law 12-127, § 2(a), 45 DCR 1304.)
Current through April 16, 2013
|
DC ST § 22-2714
Formerly cited as DC ST 1981 § 22-2714 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 27. Prostitution; Pandering.
Subchapter I. General.
§ 22-2714. Abatement of nuisance under § 22-2713 by injunction--Temporary injunction.
Whenever a nuisance is kept, maintained, or exists, as defined in § 22-2713, the United States Attorney for the District of Columbia, the Attorney General of the United States, the Corporation Counsel of the District of Columbia, or any citizen of the District of Columbia, may maintain an action in equity in the name of the United States of America or in the name of the District of Columbia, upon the relation of such United States Attorney for the District of Columbia, the Attorney General of the United States, the Corporation Counsel of the District of Columbia, or citizen, to perpetually enjoin said nuisance, the person or persons conducting or maintaining the same, and the owner or agent of the building or ground upon which said nuisance exists. In such action the court, or a judge in vacation, shall, upon the presentation of a petition therefor alleging that the nuisance complained of exists, allow a temporary writ of injunction, without bond, if it shall be made to appear to the satisfaction of the court or judge by evidence in the form of affidavits, depositions, oral testimony, or otherwise, as the complainant may elect, unless the court or judge by previous order shall have directed the form and manner in which it shall be presented. Three days notice, in writing, shall be given the defendant of the hearing of the application, and if then continued at his instance the writ as prayed shall be granted as a matter of course. When an injunction has been granted it shall be binding on the defendant throughout the District of Columbia and any violation of the provisions of injunction herein provided shall be a contempt as hereinafter provided.
CREDIT(S)
(Feb. 7, 1914, 38 Stat. 280, ch. 16, § 2; June 19, 1998, D.C. Law 12-127, § 2(b), 45 DCR 1304.)
Current through April 16, 2013
|
DC ST § 22-2715
Formerly cited as DC ST 1981 § 22-2715 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 27. Prostitution; Pandering.
Subchapter I. General.
§ 22-2715. Abatement of nuisance under § 22-2713 by injunction--Trial; dismissal of complaint; prosecution; costs.
The action when brought shall be triable at the first term of court, after due and timely service of the notice has been given, and in such action evidence of the general reputation of the place shall be admissible for the purpose of proving the existence of said nuisance. If the complaint is filed by a citizen, it shall not be dismissed, except upon a sworn statement made by the complainant and the complainant's attorney, setting forth the reasons why the action should be dismissed, and the dismissal approved by the United States Attorney for the District of Columbia or the Attorney General of the United States of America in writing or in open court. If the court is of the opinion that the action ought not to be dismissed, it may direct the United States Attorney for the District of Columbia to prosecute said action to judgment; and if the action is continued more than 1 term of court, any citizen of the District of Columbia, or the United States Attorney for the District of Columbia, may be substituted for the complaining party and prosecute said action to judgment. If the action is brought by a citizen, and the court finds there was no reasonable ground or cause for said action, the costs may be taxed to such citizen.
CREDIT(S)
(Feb. 7, 1914, 38 Stat. 281, ch. 16, § 3; June 25, 1948, 62 Stat. 909, ch. 646, § 1; May 21, 1994, D.C. Law 10-119, § 14(a), 41 DCR 1639.)
Current through April 16, 2013
|
DC ST § 22-2716
Formerly cited as DC ST 1981 § 22-2716 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 27. Prostitution; Pandering.
Subchapter I. General.
§ 22-2716. Violation of injunction granted under § 22-2714.
In case of the violation of any injunction granted under the provisions of § 22-2714, the court, or, in vacation, a judge thereof, may summarily try and punish the offender. The proceedings shall be commenced by filing with the clerk of the court an information, under oath, setting out the alleged facts constituting such violation, upon which the court or judge shall cause a warrant to issue, under which the defendant shall be arrested. The trial may be had upon affidavits, or either party may at any stage of the proceedings demand the production and oral examination of the witnesses. A party found guilty of contempt, under the provisions of this section, shall be punished by a fine of not less than $200 nor more than $1,000 or by imprisonment in the District Jail not less than three nor more than 6 months or by both fine and imprisonment.
CREDIT(S)
(Feb. 7, 1914, 38 Stat. 281, ch. 16, § 4.)
Current through April 16, 2013
|
DC ST § 22-2717
Formerly cited as DC ST 1981 § 22-2717 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 27. Prostitution; Pandering.
Subchapter I. General.
§ 22-2717. Order of abatement; sale of property; entry of closed premises punishable as contempt.
If the existence of the nuisance be established in an action as provided in §§ 22-2713 to 22-2720, or in a criminal proceeding, an order of abatement shall be entered as a part of the judgment in the case which order shall direct the removal from the building or place of all fixtures, furniture, musical instruments, or movable property used in conducting the nuisance, and shall direct the sale thereof in the manner provided for the sale of chattels under execution, and the effectual closing of the building or place against its use for any purpose, and so keeping it closed for a period of 1 year, unless sooner released. If any person shall break and enter or use a building, erection, or place so directed to be closed such person shall be punished as for contempt, as provided in § 22-2716.
CREDIT(S)
(Feb. 7, 1914, 38 Stat. 281, ch. 16, § 5; Oct. 15, 1970, 84 Stat. 931, Pub. L. 91-452, title II, § 257; May 21, 1994, D.C. Law 10-119, § 14(b), 41 DCR 1639.)
Current through April 16, 2013
|
DC ST § 22-2718
Formerly cited as DC ST 1981 § 22-2718 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 27. Prostitution; Pandering.
Subchapter I. General.
§ 22-2718. Disposition of proceeds of sale.
The proceeds of the sale of the personal property as provided in § 22-2717, shall be applied in the payment of the costs of the action and abatement and the balance, if any, shall be paid to the defendant.
CREDIT(S)
(Feb. 7, 1914, 38 Stat. 281, ch. 16, § 6.)
Current through April 16, 2013
|
DC ST § 22-2719
Formerly cited as DC ST 1981 § 22-2719 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 27. Prostitution; Pandering.
Subchapter I. General.
§ 22-2719. Bond for abatement; order for delivery of premises; effect of release.
If the owner appears and pays all costs of the proceeding and files a bond, with sureties to be approved by the clerk, in the full value of the property, to be ascertained by the court or, in vacation, by the Collector of Taxes of the District of Columbia, conditioned that such owner will immediately abate said nuisance and prevent the same from being established or kept within a period of 1 year thereafter, the court, or, in vacation, the judge, may, if satisfied of such owner's good faith, order the premises closed under the order of abatement to be delivered to said owner and said order of abatement canceled so far as the same may relate to said property; and if the proceeding be an action in equity and said bond be given and costs therein paid before judgment and order of abatement, the action shall be thereby abated as to said building only. The release of the property under the provisions of this section shall not release it from judgment, lien, penalty, or liability to which it may be subject by law.
CREDIT(S)
(Feb. 7, 1914, 38 Stat. 281, ch. 16, § 7; May 21, 1994, D.C. Law 10-119, § 14(c), 41 DCR 1639.)
Current through April 16, 2013
|
DC ST § 22-2720
Formerly cited as DC ST 1981 § 22-2720 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 27. Prostitution; Pandering.
Subchapter I. General.
§ 22-2720. Tax for maintaining such nuisance.
Whenever a permanent injunction issues against any person for maintaining a nuisance as herein defined, or against any owner or agent of the building kept or used for the purpose prohibited by §§ 22-2713 to 22-2720, there shall be assessed against said building and the ground upon which the same is located and against the person or persons maintaining said nuisance, and the owner or agent of said premises, a tax of $300. The assessment of said tax shall be made by the Director of the Department of Finance and Revenue of the District of Columbia and shall be made within 3 months from the date of the granting of the permanent injunction. In case the Director fails or neglects to make said assessment the same shall be made by the Chief of Police, and a return of said assessment shall be made to the Collector of Taxes. Said tax shall be a perpetual lien upon all property, both personal and real used for the purpose of maintaining said nuisance, and the payment of said tax shall not relieve the person or building from any other penalties provided by law. The provisions of the law relating to the collection and distribution of taxes upon personal and real property shall govern in the collection and distribution of the tax herein prescribed in so far as the same are applicable and not in conflict with the provisions of said sections.
CREDIT(S)
(Feb. 7, 1914, 38 Stat. 282, ch. 16, § 8; Oct. 15, 1970, 84 Stat. 931, Pub. L. 91-452, title II, § 258.)
Current through April 16, 2013
|
DC ST § 22-2721
Formerly cited as DC ST 1981 § 22-2721 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 27. Prostitution; Pandering.
Subchapter I. General.
§ 22-2721. Granting immunity to witnesses. [Repealed]
CREDIT(S)
(Oct. 15, 1970, 84 Stat. 931, Pub. L. 91-452, title II, § 256.)
Current through April 16, 2013
|
DC ST § 22-2722
Formerly cited as DC ST 1981 § 22-2722 |
Effective: April 24, 2007
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 27. Prostitution; Pandering.
Subchapter I. General.
§ 22-2722. Keeping bawdy or disorderly houses.
Whoever is convicted of keeping a bawdy or disorderly house in the District shall be fined not more than $5,000 or imprisoned not more than 5 years, or both.
CREDIT(S)
(July 16, 1912, 37 Stat. 192, ch. 235, § 1; Dec. 23, 1963, 77 Stat. 617, Pub. L. 88-241, § 11(a); Aug. 20, 1994, D.C. Law 10-151, § 107, 41 DCR 2608; Apr. 24, 2007, D.C. Law 16-306, § 215, 53 DCR 8610.)
Current through April 16, 2013
|
DC ST § 22-2723
Formerly cited as DC ST 1981 § 22-2723 |
Effective: April 24, 2007
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 27. Prostitution; Pandering.
Subchapter I. General.
§ 22-2723. Property subject to seizure and forfeiture.
(a) The following are subject to forfeiture:
(1) All conveyances, including aircraft, vehicles or vessels, which are used, or intended for use, to transport, or in any manner to facilitate a violation of a prostitution-related offense, provided that:
(A) No conveyance used by any person as a common carrier in the course of transacting business as a common carrier is subject to forfeiture under this section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of a prostitution-related offense;
(B) No conveyance is subject to forfeiture under this section by reason of any act or omission that the owner establishes was committed or omitted without the owner's knowledge or consent;
(C) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if the secured party neither had knowledge of nor consented to the act or omission; or
(D) Where the conveyance is not being driven by the owner of the conveyance, there is a presumption that the owner is without knowledge of the illegal act, and therefore the conveyance should not be forfeited.
(2) All money, coins, and currency which has been used, or was intended for use, in violation of a prostitution-related offense.
(a-1)(1) A lien in favor of the District of Columbia is hereby created in an amount equal to the costs of towing, storing, and administrative processing of a conveyance seized and subject to forfeiture pursuant to §§ 22-2701, 22-2703, and this section.
(2) The Mayor, or his or her designee, shall establish a reasonable cost for the towing, storing, and administrative processing of seized conveyances.
(3) The Corporation Counsel of the District of Columbia, or his or her designee, may agree to release a lien by stipulation with the registered owner or lienholder of a seized conveyance.
(b) All seizures and forfeitures of property under this section shall be pursuant to § 48-905.02, except that seized money, coins, and currency shall be deposited as provided in subchapter IIA of Chapter 5 of Title 23 of the District of Columbia Official Code.
CREDIT(S)
(Aug. 15, 1935, 49 Stat. 651, ch. 546, § 5, as added May 7, 1993, D.C. Law 9-267, § 2, 39 DCR 5684; May 24, 1996, D.C. Law 11-130, § 3(c), 43 DCR 1570; October 4, 2000, D.C. Law 13-160, § 403(a), 47 DCR 4619; Apr. 24, 2007, D.C. Law 16-306, § 211(b), 53 DCR 8610.)
Current through April 16, 2013
|
DC ST § 22-2724 |
Effective: November 6, 2010
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 27. Prostitution; Pandering.
Subchapter I. General.
§ 22-2724. Impoundment.
(a) Any vehicle used in furtherance of a violation of a prostitution-related offense shall be subject to impoundment pursuant to this section.
(b) Whenever a police officer has probable cause to believe that a vehicle is being used in furtherance of a violation of a prostitution-related offense, and an arrest is made for that violation, the police officer, other member of the Metropolitan Police Department, or duly authorized agent thereof shall:
(1) Arrange for the towing of the vehicle by the Department of Public Works, or other designee of the Mayor, to a facility controlled by the District of Columbia or its agents, as designated by the Mayor, or, if towing services are not immediately available, arrange for the immobilization of the vehicle until such time as towing services become available; and
(2) Provide written notice to the owner of record of the vehicle and to the person who is found to be in control of the vehicle at the time of the seizure conveying the fact of seizure and impoundment of the vehicle, as well as the right to obtain immediate return of the vehicle pursuant to subsection (d) of this section, in lieu of requesting a hearing.
(c) The notices to be given pursuant to this section shall be provided by hand delivery at the time of the seizure and impoundment of the vehicle to the person in control of the vehicle or to the owner of record of the vehicle. If the owner of record of the vehicle is not available to receive such notice at the time of the seizure, the notice shall be mailed by first class mail, no later than 5 days after the vehicle is received at an impoundment or storage facility, to the last known address of the owner or owners of record of the vehicle, as that information is indicated in the records of the Department of Motor Vehicles or in the records of the appropriate agency of the jurisdiction where the vehicle is registered.
(d) An owner, or a person duly authorized by an owner, shall, upon proof of same, be permitted to repossess or secure the release of the immobilized or impounded vehicle at any time (subject to administrative availability) by paying to the District government, as directed by the Department of Public Works, an administrative civil penalty of $150, a booting fee, if applicable, all outstanding fines and penalties for infractions for which liability has been admitted, deemed admitted, or sustained after hearing, and all applicable towing and storage costs for impounded vehicles as provided by § 50-2421.09(a)(6). Payment of such fees shall not be admissible as evidence of guilt in any criminal proceeding.
(e) An owner, or person duly authorized by an owner, shall be entitled to refund of the administrative civil penalty, booting fee, and 2 days' towing and storage costs by showing that the prosecutor dropped the underlying criminal charges (except for instances of nolle prosequi or because the defendant completed a diversion program), that the Superior Court of the District of Columbia dismissed the case after consideration of the merits, or that the case resulted in a finding of not guilty on all prostitution-related charges, or by providing a police report demonstrating that the vehicle was stolen at the time that it was subject to seizure and impoundment. If the vehicle had been stolen at the time of seizure and impoundment, a refund of all towing and storage costs shall be made.
(f) An owner, or person duly authorized by an owner, shall be entitled to a due process hearing regarding the seizure of the vehicle.
(g) Vehicles seized and impounded under this section shall not be subject to replevin, but shall be deemed to be in the custody of the Mayor.
(h) Vehicles that remain unclaimed for 30 days may be disposed of pursuant to §§ 50-2421.07(c), (d), (e), and (f), 50-2421.08, 50-2421.09, and 50-2421.10; provided, that if the owner wants to claim the vehicle before it is auctioned, the owner must pay the administrative civil penalty imposed by subsection (d) of this section in addition to the amounts required in § 50-2421.09.
(i) The Attorney General for the District of Columbia, or his or her assistants, shall represent the District of Columbia in all proceedings under this section.
(j) The Mayor shall issue rules setting forth the process by which a refund shall be obtained timely pursuant to subsection (e) of this section. Until such rules are published in the District of Columbia Register, this section shall not be enforceable.
CREDIT(S)
(Aug. 15, 1935, 49 Stat. 651, ch. 546, § 6, as added Apr. 24, 2007, D.C. Law 16-306, § 211(c), 53 DCR 8610; Nov. 6, 2010, D.C. Law 18-259, § 4(1), 57 DCR 5591.)
Current through April 16, 2013
|
DC ST § 22-2725 |
Effective: November 6, 2010
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 27. Prostitution; Pandering.
Subchapter I. General.
§ 22-2725. Anti-Prostitution Vehicle Impoundment Proceeds Fund.
(a) There is established as a nonlapsing fund the Anti-Prostitution Vehicle Impoundment Proceeds Fund (“Fund”), which shall be used for the purpose set forth in subsection (b) of this section. All funds collected from the assessment of civil penalties, booting, towing, impoundment, and storage fees pursuant to § 22-2723, and any and all interest earned on those funds, shall be deposited into the Fund, and shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time, but shall be continually available for the uses and purposes set forth in subsection (b) of this section with regard to fiscal year limitation, subject to authorization by Congress.
(b) The Fund shall be used solely to fund expenses directly related to the booting, towing, and impoundment of vehicles used in furtherance of prostitution-related activities, in violation of a prostitution-related offense.
(c) The Mayor shall submit to the Council, as part of the annual budget, a requested appropriation for expenditures from the Fund.
CREDIT(S)
(Aug. 15, 1935, 49 Stat. 651, ch. 546, § 7, as added Apr. 24, 2007, D.C. Law 16-306, § 211(c), 53 DCR 8610; Nov. 6, 2010, D.C. Law 18-259, § 4(2), 57 DCR 5591.)
Current through April 16, 2013
|
DC ST § 22-2731 |
Effective: December 10, 2009
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 27. Prostitution; Pandering.
Subchapter II. Prostitution Free Zones.
§ 22-2731. Prostitution free zones.
(a) For the purposes of this section, the term:
(1) “Chief of Police” means the Chief of the Metropolitan Police Department.
(2) “Disperse” means to depart from the designated prostitution free zone and not to reassemble within the prostitution free zone with anyone from the group ordered to depart for the duration of the zone.
(3) “Known participant in prostitution or prostitution-related offenses” means a person who has been convicted in any court in any jurisdiction of any violation involving prostitution or prostitution-related offenses.
(4) “MPD” means the Metropolitan Police Department.
(5) “Prostitution” shall have the same meaning as provided in § 22-2701.01(3).
(6) “Prostitution free zone” means public space or public property in an area not to exceed a square of 1000 feet on each side that is established pursuant to subsection (b) of this section.
(7) “Prostitution-related offenses” means those crimes and offenses defined in § 22-2701, § 22-2703, and § 22-2723, § 22-2701.01, § 22-2704, §§ 22-2705 to 22-2712, §§ 22-2713 to 22-2720, and § 22-2722.
(b)(1) The Chief of Police may declare any public area a prostitution free zone for a period not to exceed 480 consecutive hours. The Chief of Police shall inform his commanders, the Mayor, and the Council of the declaration of a prostitution free zone.
(2) In determining whether to designate a prostitution free zone, the Chief of Police shall find the following:
(A) The occurrence of disproportionately high arrests for prostitution or prostitution-related offenses, and calls for police service because of prostitution or prostitution-related offenses in the proposed prostitution free zone within the preceding 6-month period;
(B) Objective evidence or verifiable information that shows that disproportionately high incidence of prostitution or prostitution-related offenses are occurring on public space or public property within the proposed prostitution free zone; and
(C) Any other verifiable information from which the Chief of Police may ascertain whether the public health or safety is endangered by prostitution or prostitution-related offenses in the prostitution free zone.
(c) Upon the designation of a prostitution free zone, the MPD shall mark each block within the prostitution free zone by using barriers, tape, signs, or police officers that post or announce the following information in the immediate area of, and borders around, the prostitution free zone:
(1) A statement that it is unlawful for a person to congregate in a group of 2 or more persons for the purposes of prostitution or prostitution-related offenses within the boundaries of a prostitution free zone, and fail to disperse after being instructed to disperse by a uniformed officer of the MPD, or a non-uniformed officer of the MPD upon display of MPD identification, who reasonably believes the person is congregating for the purpose of engaging in prostitution or prostitution-related offenses;
(2) The boundaries of the prostitution free zone;
(3) A statement of the effective dates of the prostitution free zone designation; and
(4) Any other additional information the Chief of Police provides.
(d)(1) It shall be unlawful for a person to congregate in a group of 2 or more persons on public space or public property within the perimeter of a prostitution free zone established pursuant to subsection (b) of this section and thereafter to fail to disperse after being instructed to disperse by a uniformed officer of the MPD, or a non-uniformed officer of the MPD upon display of MPD identification, who reasonably believes the person is congregating for the purpose of engaging in prostitution or prostitution-related offenses.
(2) In making a determination that a person is congregating in a prostitution free zone for the purpose of engaging in prostitution or prostitution-related offenses, the totality of the circumstances involved shall be considered. Among the circumstances which may be considered in determining whether such purpose is manifested are:
(A) The conduct of a person being observed, including that such person is behaving in a manner raising a reasonable belief that the person is engaging or is about to engage in prostitution or prostitution-related offenses, such as:
(i) Repeatedly beckoning to, stopping, attempting to stop, or attempting to engage passers-by in conversation for the purpose of prostitution;
(ii) Stopping or attempting to stop motor vehicles for the purpose of prostitution; or
(iii) Repeatedly interfering with the free passage of other persons for the purpose of prostitution;
(B) Information from a reliable source indicating that a person being observed routinely engages in or is currently engaging in prostitution or prostitution-related offenses within the prostitution free zone;
(C) Physical identification by an officer of the person as a member of a gang or association which engages in prostitution or prostitution-related offenses;
(D) Knowledge by an officer that the person is a known participant in prostitution or prostitution-related offenses; and
(E) Knowledge by an officer that any vehicle involved in the observed circumstances is registered to a known participant in prostitution or prostitution-related offenses, or a person for whom there is an outstanding arrest warrant for a crime involving prostitution or prostitution-related offenses.
(e) Any person who violates this section shall, upon conviction, be subject to a fine of not more than $300, imprisonment for not more than 6 months, or both.
(f) The Attorney General for the District of Columbia, or his or her assistants, shall prosecute all violations of this section.
CREDIT(S)
(Apr. 24, 2007, D.C. Law 16-306, § 104, 53 DCR 8610; Dec. 10, 2009, D.C. Law 18-88, § 212, 56 DCR 7413.)
Current through April 16, 2013
|
DC ST § 22-2751 |
Effective: May 25, 2011
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 27A. Protest Targeting a Residence.
§ 22-2751. Definitions.
For the purposes of this chapter, the term:
(1) “Demonstration” means marching, congregating, standing, parading, demonstrating, or patrolling by one or more persons, with or without signs, for the purpose of persuading one or more individuals, or the public, or to protest some action, attitude, or belief.
(2) “Mask” means a covering for the face or part of the face whereby the identity of the wearer is disguised. The term “Mask” shall not include clothing worn for the purpose of providing protection from the elements nor clothing worn as a religious covering.
(3) “Residence” means a building or structure, but not a hotel, used or designed to be used, in whole or in part, as a living or a sleeping place by one or more human beings.
CREDIT(S)
(May 26, 2011, D.C. Law 18-374, § 2, 58 DCR 715.)
Current through April 16, 2013
|
DC ST § 22-2752 |
Effective: May 25, 2011
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 27A. Protest Targeting a Residence.
§ 22-2752. Engaging in an unlawful protest targeting a residence.
(a)(1) It is unlawful for a person, as part of a group of 3 or more persons, to target a residence for purposes of a demonstration:
(A) Between 10:00 p.m. and 7:00 a.m.;
(B) While wearing a mask; or
(C) Without having provided the Metropolitan Police Department notification of the location and approximate time of the demonstration.
(2) The notification required by paragraph (1)(C) of this subsection shall be provided in writing to the operational unit designated for such purpose by the Chief of Police not less than 2 hours before the demonstration begins. The Metropolitan Police Department shall post on its website the e-mail and facsimile number by which the operational unit may be notified 24 hours a day, and the address to which notification may be hand delivered, as an alternative, during business hours.
(b) A person who violates this section shall be guilty of a misdemeanor and, upon conviction, fined not more than $500 or imprisoned for not more than 90 days.
CREDIT(S)
(May 26, 2011, D.C. Law 18-374, § 3, 58 DCR 715.)
Current through April 16, 2013
|
DC ST § 22-2801
Formerly cited as DC ST 1981 § 22-2901 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 28. Robbery.
§ 22-2801. Robbery.
Whoever by force or violence, whether against resistance or by sudden or stealthy seizure or snatching, or by putting in fear, shall take from the person or immediate actual possession of another anything of value, is guilty of robbery, and any person convicted thereof shall suffer imprisonment for not less than 2 years nor more than 15 years.
CREDIT(S)
(Mar. 3, 1901, 31 Stat. 1322, ch. 854, § 810; Dec. 27, 1967, 81 Stat. 737, Pub. L. 90-226, title VI, § 603.)
Current through April 16, 2013
|
DC ST § 22-2802
Formerly cited as DC ST 1981 § 22-2902 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 28. Robbery.
§ 22-2802. Attempt to commit robbery.
Whoever attempts to commit robbery, as defined in § 22-2801, by an overt act, shall be imprisoned for not more than 3 years or be fined not more than $500, or both.
CREDIT(S)
(Mar. 3, 1901, 31 Stat. 1322, ch. 854, § 811.)
Current through April 16, 2013
|
DC ST § 22-2803
Formerly cited as DC ST 1981 § 22-2903 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 28. Robbery.
§ 22-2803. Carjacking.
(a)(1) A person commits the offense of carjacking if, by any means, that person knowingly or recklessly by force or violence, whether against resistance or by sudden or stealthy seizure or snatching, or by putting in fear, or attempts to do so, shall take from another person immediate actual possession of a person's motor vehicle.
(2) A person convicted of carjacking shall be fined not more than $5,000 and be imprisoned for a mandatory-minimum term of not less than 7 years and a maximum term of not more than 21 years, or both.
(b)(1) A person commits the offense of armed carjacking if that person, while armed with or having readily available any pistol or other firearm (or imitation thereof) or other dangerous or deadly weapon (including a sawed-off shotgun, shotgun, machine gun, rifle, dirk, bowie knife, butcher knife, switch-blade knife, razor, blackjack, billy, or metallic or other false knuckles), commits or attempts to commit the offense of carjacking.
(2) A person convicted of armed carjacking shall be fined not more than $10,000 and be imprisoned for a mandatory-minimum term of not less than 15 years and a maximum term of not more than 40 years, or both. However, the court may impose a prison sentence in excess of 30 years only in accordance with § 24-403.01(b-2). For purposes of imprisonment following revocation of release authorized by § 24-403.01(b)(7), armed carjacking is a Class A felony.
(c) Notwithstanding any other provision of law, a person convicted of carjacking shall not be released from prison prior to the expiration of 7 years from the date of the commencement of the sentence, and a person convicted of armed carjacking shall not be released from prison prior to the expiration of 15 years from the date of the commencement of the sentence.
CREDIT(S)
(Mar. 3, 1901, ch. 854, § 811a, as added May 8, 1993, D.C. Law 9-270, § 2, 39 DCR 9223; Oct. 2, 1993, D.C. Law 10-26, § 2, 40 DCR 3416; June 8, 2001, D.C. Law 13-302, § 4(f), 47 DCR 7249; June 19, 2001, D.C. Law 13-313, § 21(a), 48 DCR 1873.)
Current through April 16, 2013
|
DC ST § 22-2901
Formerly cited as DC ST 1981 § 22-3416 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 29. Sale of Unwholesome Food. [Repealed]
§ 22-2901. Sale of unwholesome food-Prohibited. [Repealed]
CREDIT(S)
(Dec. 16, 1941, 55 Stat. 807, ch. 587, § 1; May 2, 2002, D.C. Law 14-116, § 8(f), 49 DCR 1945.)
Current through April 16, 2013
|
DC ST § 22-2902
Formerly cited as DC ST 1981 § 22-3417 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 29. Sale of Unwholesome Food. [Repealed]
§ 22-2902. Sale of unwholesome food-“Food” defined. [Repealed]
CREDIT(S)
(Dec. 16, 1941, 55 Stat. 807, ch. 587, § 2; May 2, 2002, D.C. Law 14-116, § 8(f), 49 DCR 1945.)
Current through April 16, 2013
|
DC ST § 22-2903
Formerly cited as DC ST 1981 § 22-3418 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 29. Sale of Unwholesome Food. [Repealed]
§ 22-2903. Sale of unwholesome food-Inspection Authorized. [Repealed]
CREDIT(S)
(Dec. 16, 1941, 55 Stat. 807, ch. 587, § 3; Aug. 1, 1950, 64 Stat. 393, ch. 513, § 1; Oct. 18, 1981, D.C. Law 4-39, § 4, 28 DCR 3391; May 21, 1994, D.C. Law 10-119, § 17(a), 41 DCR 1639; May 2, 2002, D.C. Law 14-116, § 8(f), 49 DCR 1945.)
Current through April 16, 2013
|
DC ST § 22-2904
Formerly cited as DC ST 1981 § 22-3419 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 29. Sale of Unwholesome Food. [Repealed]
§ 22-2904. Sale of unwholesome food-Council to make rules and regulations. [Repealed]
CREDIT(S)
(Dec. 16, 1941, 55 Stat. 808, ch. 587, § 4; May 2, 2002, D.C. Law 14-116, § 8(f), 49 DCR 1945.)
Current through April 16, 2013
|
DC ST § 22-2905
Formerly cited as DC ST 1981 § 22-3420 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 29. Sale of Unwholesome Food. [Repealed]
§ 22-2905. Sale of unwholesome food-Prosecutions for violations. [Repealed]
CREDIT(S)
(Dec. 16, 1941, 55 Stat. 808, ch. 587, § 5; Apr. 1, 1942, 56 Stat. 190, ch. 207, § 1; July 8, 1963, 77 Stat. 77, Pub. L. 88-60, § 1; July 29, 1970, 84 Stat. 570, Pub. L. 91-358, title I, § 155(a); May 21, 1994, D.C. Law 10-119, § 17(b), 41 DCR 1639; May 2, 2002, D.C. Law 14-116, § 8(f), 49 DCR 1945.)
Current through April 16, 2013
|
DC ST § 22-2906
Formerly cited as DC ST 1981 § 22-3421 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 29. Sale of Unwholesome Food. [Repealed]
§ 22-2906. Sale of unwholesome food-Penalty. [Repealed]
CREDIT(S)
(Dec. 16, 1941, 55 Stat. 808, ch. 587, § 6; May 2, 2002, D.C. Law 14-116, § 8(f), 49 DCR 1945.)
Current through April 16, 2013
|
DC ST § 22-2907
Formerly cited as DC ST 1981 § 22-3422 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 29. Sale of Unwholesome Food. [Repealed]
§ 22-2907. Chapter supplemental to Federal Food, Drug, and Cosmetic Act. [Repealed]
CREDIT(S)
(Dec. 16, 1941, 55 Stat. 808, ch. 587, § 7; May 2, 2002, D.C. Law 14-116, § 8(f), 49 DCR 1945.)
Current through April 16, 2013
|
DC ST D. IV, T. 22, Subt. I, Ch. 30, Subch. I, Refs & Annos |
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 30. Sexual Abuse.
Subchapter I. General Provisions.
Current through April 16, 2013
|
DC ST § 22-3001
Formerly cited as DC ST 1981 § 22-4101 |
Effective: December 10, 2009
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 30. Sexual Abuse.
Subchapter I. General Provisions. (Refs & Annos)
§ 22-3001. Definitions.
For the purposes of this chapter:
(1) “Actor” means a person accused of any offense proscribed under this chapter.
(2) “Bodily injury” means injury involving loss or impairment of the function of a bodily member, organ, or mental faculty, or physical disfigurement, disease, sickness, or injury involving significant pain.
(3) “Child” means a person who has not yet attained the age of 16 years.
(4) “Consent” means words or overt actions indicating a freely given agreement to the sexual act or contact in question. Lack of verbal or physical resistance or submission by the victim, resulting from the use of force, threats, or coercion by the defendant shall not constitute consent.
(4A) “Domestic partner” shall have the same meaning as provided in § 32-701(3).
(4B) “Domestic partnership” shall have the same meaning as provided in § 32-701(4).
(5) “Force” means the use or threatened use of a weapon; the use of such physical strength or violence as is sufficient to overcome, restrain, or injure a person; or the use of a threat of harm sufficient to coerce or compel submission by the victim.
(5A) “Minor” means a person who has not yet attained the age of 18 years.
(6) “Official custody” means:
(A) Detention following arrest for an offense; following surrender in lieu of arrest for an offense; following a charge or conviction of an offense, or an allegation or finding of juvenile delinquency; following commitment as a material witness; following or pending civil commitment proceedings, or pending extradition, deportation, or exclusion;
(B) Custody for purposes incident to any detention described in subparagraph (A) of this paragraph, including transportation, medical diagnosis or treatment, court appearance, work, and recreation; or
(C) Probation or parole.
(7) “Serious bodily injury” means bodily injury that involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty.
(8) “Sexual act” means:
(A) The penetration, however slight, of the anus or vulva of another by a penis;
(B) Contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus; or
(C) The penetration, however slight, of the anus or vulva by a hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.
(D) The emission of semen is not required for the purposes of subparagraphs (A)-(C) of this paragraph.
(9) “Sexual contact” means the touching with any clothed or unclothed body part or any object, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.
(10) “Significant relationship” includes:
(A) A parent, sibling, aunt, uncle, or grandparent, whether related by blood, marriage, domestic partnership, or adoption;
(B) A legal or de facto guardian or any person, more than 4 years older than the victim, who resides intermittently or permanently in the same dwelling as the victim;
(C) The person or the spouse, domestic partner, or paramour of the person who is charged with any duty or responsibility for the health, welfare, or supervision of the victim at the time of the act; and
(D) Any employee or volunteer of a school, church, synagogue, mosque, or other religious institution, or an educational, social, recreational, athletic, musical, charitable, or youth facility, organization, or program, including a teacher, coach, counselor, clergy, youth leader, chorus director, bus driver, administrator, or support staff, or any other person in a position of trust with or authority over a child or a minor.
(11) “Victim” means a person who is alleged to have been subject to any offense set forth in subchapter II of this chapter.
CREDIT(S)
(May 23, 1995, D.C. Law 10-257, § 101, 42 DCR 53; Apr. 24, 2007, D.C. Law 16-306, § 216(a), 53 DCR 8610; Dec. 10, 2009, D.C. Law 18-88, § 404(a), 56 DCR 7413.)
Current through April 16, 2013
|
DC ST § 22-3002
Formerly cited as DC ST 1981 § 22-4102 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 30. Sexual Abuse.
Subchapter II. Sex Offenses.
§ 22-3002. First degree sexual abuse.
(a) A person shall be imprisoned for any term of years or for life, and in addition, may be fined in an amount not to exceed $250,000, if that person engages in or causes another person to engage in or submit to a sexual act in the following manner:
(1) By using force against that other person;
(2) By threatening or placing that other person in reasonable fear that any person will be subjected to death, bodily injury, or kidnapping;
(3) After rendering that other person unconscious; or
(4) After administering to that other person by force or threat of force, or without the knowledge or permission of that other person, a drug, intoxicant, or other similar substance that substantially impairs the ability of that other person to appraise or control his or her conduct.
(b) The court may impose a prison sentence in excess of 30 years only in accordance with § 22-3020 or § 24-403.01(b-2). For purposes of imprisonment following revocation of release authorized by § 24-403.01(b)(7), the offense defined by this section is a Class A felony.
CREDIT(S)
(May 23, 1995, D.C. Law 10-257, § 201, 42 DCR 53; June 3, 1997, D.C. Law 11-275, § 13(a), 44 DCR 1408; June 8, 2001, D.C. Law 13-302, § 7(a), 47 DCR 7249.)
Current through April 16, 2013
|
DC ST § 22-3003
Formerly cited as DC ST 1981 § 22-4103 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 30. Sexual Abuse.
Subchapter II. Sex Offenses.
§ 22-3003. Second degree sexual abuse.
A person shall be imprisoned for not more than 20 years and may be fined in an amount not to exceed $200,000, if that person engages in or causes another person to engage in or submit to a sexual act in the following manner:
(1) By threatening or placing that other person in reasonable fear (other than by threatening or placing that other person in reasonable fear that any person will be subjected to death, bodily injury, or kidnapping); or
(2) Where the person knows or has reason to know that the other person is:
(A) Incapable of appraising the nature of the conduct;
(B) Incapable of declining participation in that sexual act; or
(C) Incapable of communicating unwillingness to engage in that sexual act.
CREDIT(S)
(May 23, 1995, D.C. Law 10-257, § 202, 42 DCR 53; June 3, 1997, D.C. Law 11-275, § 13(b), 44 DCR 1408.)
Current through April 16, 2013
|
DC ST § 22-3004
Formerly cited as DC ST 1981 § 22-4104 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 30. Sexual Abuse.
Subchapter II. Sex Offenses.
§ 22-3004. Third degree sexual abuse.
A person shall be imprisoned for not more than 10 years and may be fined in an amount not to exceed $100,000, if that person engages in or causes sexual contact with or by another person in the following manner:
(1) By using force against that other person;
(2) By threatening or placing that other person in reasonable fear that any person will be subjected to death, bodily injury, or kidnapping;
(3) After rendering that person unconscious; or
(4) After administering to that person by force or threat of force, or without the knowledge or permission of that other person, a drug, intoxicant, or similar substance that substantially impairs the ability of that other person to appraise or control his or her conduct.
CREDIT(S)
(May 23, 1995, D.C. Law 10-257, § 203, 42 DCR 53; June 3, 1997, D.C. Law 11-275, § 13(c), 44 DCR 1408.)
Current through April 16, 2013
|
DC ST § 22-3005
Formerly cited as DC ST 1981 § 22-4105 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 30. Sexual Abuse.
Subchapter II. Sex Offenses.
§ 22-3005. Fourth degree sexual abuse.
A person shall be imprisoned for not more than 5 years and, in addition, may be fined in an amount not to exceed $50,000, if that person engages in or causes sexual contact with or by another person in the following manner:
(1) By threatening or placing that other person in reasonable fear (other than by threatening or placing that other person in reasonable fear that any person will be subjected to death, bodily injury, or kidnapping); or
(2) Where the person knows or has reason to know that the other person is:
(A) Incapable of appraising the nature of the conduct;
(B) Incapable of declining participation in that sexual contact; or
(C) Incapable of communicating unwillingness to engage in that sexual contact.
CREDIT(S)
(May 23, 1995, D.C. Law 10-257, § 204, 42 DCR 53; June 3, 1997, D.C. Law 11-275, § 13(d), 44 DCR 1408.)
Current through April 16, 2013
|
DC ST § 22-3006
Formerly cited as DC ST 1981 § 22-4106 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 30. Sexual Abuse.
Subchapter II. Sex Offenses.
§ 22-3006. Misdemeanor sexual abuse.
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 to exceed $1,000.
CREDIT(S)
(May 23, 1995, D.C. Law 10-257, § 205, 42 DCR 53.)
Current through April 16, 2013
|
DC ST § 22-3007
Formerly cited as DC ST 1981 § 22-4107 |
Effective: December 10, 2009
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 30. Sexual Abuse.
Subchapter II. Sex Offenses.
§ 22-3007. Defense to sexual abuse.
Consent by the victim is a defense to a prosecution under §§ 22-3002 to 22-3006, prosecuted alone or in conjunction with charges under § 22-3018 or §§ 22-401 and 22-403.
CREDIT(S)
(May 23, 1995, D.C. Law 10-257, § 206, 42 DCR 53; Dec. 10, 2009, D.C. Law 18-88, § 213, 56 DCR 7413.)
Current through April 16, 2013
|
DC ST § 22-3008
Formerly cited as DC ST 1981 § 22-4108 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 30. Sexual Abuse.
Subchapter II. Sex Offenses.
§ 22-3008. First degree child sexual abuse.
Whoever, being at least 4 years older than a child, engages in a sexual act with that child or causes that child to engage in a sexual act shall be imprisoned for any term of years or for life and, in addition, may be fined an amount not to exceed $250,000. However, the court may impose a prison sentence in excess of 30 years only in accordance with § 22-3020 or § 24-403.01(b-2). For purposes of imprisonment following revocation of release authorized by § 24-403.01(b)(7), the offense defined by this section is a Class A felony.
CREDIT(S)
(May 23, 1995, D.C. Law 10-257, § 207, 42 DCR 53; June 8, 2001, D.C. Law 13-302, § 7(b), 47 DCR 7249.)
Current through April 16, 2013
|
DC ST § 22-3009
Formerly cited as DC ST 1981 § 22-4109 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 30. Sexual Abuse.
Subchapter II. Sex Offenses.
§ 22-3009. Second degree child sexual abuse.
Whoever, being at least 4 years older than a child, engages in sexual contact with that child or causes that child to engage in sexual contact shall be imprisoned for not more than 10 years and, in addition, may be fined in an amount not to exceed $100,000.
CREDIT(S)
(May 23, 1995, D.C. Law 10-257, § 208, 42 DCR 53.)
Current through April 16, 2013
|
DC ST § 22-3009.01 |
Effective: April 24, 2007
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 30. Sexual Abuse.
Subchapter II. Sex Offenses.
§ 22-3009.01. First degree sexual abuse of a minor.
Whoever, being 18 years of age or older, is in a significant relationship with a minor, and engages in a sexual act with that minor or causes that minor to engage in a sexual act shall be imprisoned for not more than 15 years and may be fined in an amount not to exceed $150,000, or both.
CREDIT(S)
(May 23, 1995, D.C. Law 10-257, § 208a, as addedApr. 24, 2007, D.C. Law 16-306, § 216(b), 53 DCR 8610.)
Current through April 16, 2013
|
DC ST § 22-3009.02 |
Effective: April 24, 2007
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 30. Sexual Abuse.
Subchapter II. Sex Offenses.
§ 22-3009.02. Second degree sexual abuse of a minor.
Whoever,
being 18 years of age or older, is in a significant relationship with a minor
and engages in a sexual contact with that minor or causes that minor to engage
in a sexual contact shall be imprisoned for not more than 7 1/
CREDIT(S)
(May 23, 1995, D.C. Law 10-257, § 208b, as added Apr. 24, 2007, D.C. Law 16-306, § 216(c), 53 DCR 8610.)
Current through April 16, 2013
|
DC ST § 22-3009.03 |
Effective: October 23, 2010
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 30. Sexual Abuse.
Subchapter II. Sex Offenses.
§ 22-3009.03. First degree sexual abuse of a secondary education student.
Any teacher, counselor, principal, coach, or other person of authority in a secondary level school who engages in a sexual act with a student under the age of 20 years enrolled in that school or school system, or causes that student to engage in a sexual act, shall be imprisoned for not more than 10 years, fined in an amount not to exceed $100,000, or both.
CREDIT(S)
(May 23, 1995, D.C. Law 10-257, § 208c, as addedOct. 23, 2010, D.C. Law 18-239, § 204, 57 DCR 5405.)
Current through April 16, 2013
|
DC ST § 22-3009.04 |
Effective: October 23, 2010
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 30. Sexual Abuse.
Subchapter II. Sex Offenses.
§ 22-3009.04. Second degree sexual abuse of a secondary education student.
Any teacher, counselor, principal, coach, or other person of authority in a secondary level school who engages in sexual conduct with a student under the age of 20 years enrolled in that school or school system, or causes that student to engage in sexual conduct, shall be imprisoned for not more than 5 years, fined in an amount not to exceed $50,000, or both.
CREDIT(S)
(May 23, 1995, D.C. Law 10-257, § 208d, as addedOct. 23, 2010, D.C. Law 18-239, § 204, 57 DCR 5405.)
Current through April 16, 2013
|
DC ST § 22-3010
Formerly cited as DC ST 1981 § 22-4110 |
Effective: March 25, 2009
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 30. Sexual Abuse.
Subchapter II. Sex Offenses.
§ 22-3010. Enticing a child.
(a) Whoever, being at least 4 years older than a child or being in a significant relationship with a minor, (1) takes that child or minor to any place for the purpose of committing any offense set forth in §§ 22-3002 to 22-3006 and §§ 22-3008 to 22-3009.02, or (2) seduces, entices, allures, convinces, or persuades or attempts to seduce, entice, allure, convince, or persuade a child or minor to engage in a sexual act or contact shall be imprisoned for not more than 5 years or may be fined in an amount not to exceed $50,000, or both.
(b) Whoever, being at least 4 years older than the purported age of a person who represents himself or herself to be a child, attempts (1) to seduce, entice, allure, convince, or persuade any person who represents himself or herself to be a child to engage in a sexual act or contact, or (2) to entice, allure, convince, or persuade any person who represents himself or herself to be a child to go to any place for the purpose of engaging in a sexual act or contact shall be imprisoned for not more than 5 years or may be fined in an amount not to exceed $50,000, or both.
(c) No person shall be consecutively sentenced for enticing a child or minor to engage in a sexual act or sexual contact under subsection (a)(2) of this section and engaging in that sexual act or sexual contact with that child or minor, provided, that the enticement occurred closely associated in time with the sexual act or sexual contact.
CREDIT(S)
(May 23, 1995, D.C. Law 10-257, § 209, 42 DCR 53; Apr. 24, 2007, D.C. Law 16-306, § 216(d), 53 DCR 8610; Mar. 25, 2009, D.C. Law 17-353, § 173(b), 56 DCR 1117.)
Current through April 16, 2013
|
DC ST § 22-3010.01 |
Effective: April 24, 2007
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 30. Sexual Abuse.
Subchapter II. Sex Offenses.
§ 22-3010.01. Misdemeanor sexual abuse of a child or minor.
(a) Whoever, being 18 years of age or older and more than 4 years older than a child, or being 18 years of age or older and being in a significant relationship with a minor, engages in sexually suggestive conduct with that child or minor shall be imprisoned for not more than 180 days, or fined in an amount not to exceed $1,000, or both.
(b) For the purposes of this section, the term “sexually suggestive conduct” means engaging in any of the following acts in a way which is intended to cause or reasonably causes the sexual arousal or sexual gratification of any person:
(1) Touching a child or minor inside his or her clothing;
(2) Touching a child or minor inside or outside his or her clothing close to the genitalia, anus, breast, or buttocks;
(3) Placing one's tongue in the mouth of the child or minor; or
(4) Touching one's own genitalia or that of a third person.
CREDIT(S)
(May 23, 1995, D.C. Law 10-257, § 209a, as added Apr. 24, 2007, D.C. Law 16-306, § 216(e), 53 DCR 8610.)
Current through April 16, 2013
|
DC ST § 22-3010.02 |
Effective: June 9, 2011
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 30. Sexual Abuse.
Subchapter II. Sex Offenses.
§ 22-3010.02. Arranging for a sexual contact with a real or fictitious child.
(a) It is unlawful for a person to arrange to engage in a sexual act or sexual contact with an individual (whether real or fictitious) who is or who is represented to be a child at least 4 years younger than the person, or to arrange for another person to engage in a sexual act or sexual contact with an individual (whether real or fictitious) who is or who is represented to be a child of at least 4 years younger than the person. For the purposes of this section, arranging to engage in a sexual act or sexual contact with an individual who is fictitious shall be unlawful only if the arrangement is done by or with a law enforcement officer.
(b) A person who violates subsection (a) of this section shall be imprisoned for not more than 5 years, fined an amount not to exceed $50,000, or both.
CREDIT(S)
(May 23, 1995, D.C. Law 10-257, § 209b, as addedJune 3, 2011, D.C. Law 18-377, § 11(a), 58 DCR 1174.)
Current through April 16, 2013
|
DC ST § 22-3011
Formerly cited as DC ST 1981 § 22-4111 |
Effective: June 9, 2011
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 30. Sexual Abuse.
Subchapter II. Sex Offenses.
§ 22-3011. Defenses to child sexual abuse and sexual abuse of a minor.
(a) Neither mistake of age nor consent is a defense to a prosecution under §§ 22-3008 to 22-3010.01, prosecuted alone or in conjunction with charges under § 22-3018 or § 22-403.
(b) Marriage or domestic partnership between the defendant and the child or minor at the time of the offense is a defense, which the defendant must establish by a preponderance of the evidence, to a prosecution under §§ 22-3008 to 22-3010.01, prosecuted alone or in conjunction with charges under § 22-3018 or § 22-403, involving only the defendant and the child or minor.
CREDIT(S)
(May 23, 1995, D.C. Law 10-257, § 210, 42 DCR 53; Apr. 24, 2007, D.C. Law 16-306, § 216(f), 53 DCR 8610; June 3, 2011, D.C. Law 18-377, § 11(b), 58 DCR 1174.)
Current through April 16, 2013
|
DC ST § 22-3012
Formerly cited as DC ST 1981 § 22-4112 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 30. Sexual Abuse.
Subchapter II. Sex Offenses.
§ 22-3012. State of mind proof requirement.
In a prosecution under §§ 22-3008 to 22-3010, prosecuted alone or in conjunction with charges under § 22-3018 or § 22-403, the government need not prove that the defendant knew the child's age or the age difference between himself or herself and the child.
CREDIT(S)
(May 23, 1995, D.C. Law 10-257, § 211, 42 DCR 53.)
Current through April 16, 2013
|
DC ST § 22-3013
Formerly cited as DC ST 1981 § 22-4113 |
Effective: April 24, 2007
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 30. Sexual Abuse.
Subchapter II. Sex Offenses.
§ 22-3013. First degree sexual abuse of a ward.
Any staff member, employee, contract employee, consultant, or volunteer at a hospital, treatment facility, detention or correctional facility, group home, or other institution; anyone who is an ambulance driver or attendant, a bus driver or attendant, or person who participates in the transportation of a ward, patient, client, or prisoner to and from such institutions; or any official custodian of a ward, patient, client, or prisoner, who engages in a sexual act with a ward, patient, client, or prisoner, or causes a ward, patient, client, or prisoner to engage in or submit to a sexual act shall be imprisoned for not more than 10 years or fined in an amount not to exceed $100,000, or both.
CREDIT(S)
(May 23, 1995, D.C. Law 10-257, § 212, 42 DCR 53; May 17, 1996, D.C. Law 11-119, § 6(a), 43 DCR 528; Apr. 24, 2007, D.C. Law 16-306, § 216(g), 53 DCR 8610.)
Current through April 16, 2013
|
DC ST § 22-3014
Formerly cited as DC ST 1981 § 22-4114 |
Effective: April 24, 2007
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 30. Sexual Abuse.
Subchapter II. Sex Offenses.
§ 22-3014. Second degree sexual abuse of a ward.
Any staff member, employee, contract employee, consultant, or volunteer at a hospital, treatment facility, detention or correctional facility, group home, or other institution; anyone who is an ambulance driver or attendant, a bus driver or attendant, or person who participates in the transportation of a ward, patient, client, or prisoner to and from such institutions; or any official custodian of a ward, patient, client, or prisoner, who engages in a sexual contact with a ward, patient, client, or prisoner, or causes a ward, patient, client, or prisoner, to engage in or submit to a sexual contact shall be imprisoned for not more than 5 years or fined in an amount not to exceed $50,000, or both.
CREDIT(S)
(May 23, 1995, D.C. Law 10-257, § 213, 42 DCR 53; Apr. 24, 2007, D.C. Law 16-306, § 216(h), 53 DCR 8610.)
Current through April 16, 2013
|
DC ST § 22-3015
Formerly cited as DC ST 1981 § 22-4115 |
Effective: April 24, 2007
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 30. Sexual Abuse.
Subchapter II. Sex Offenses.
§ 22-3015. First degree sexual abuse of a patient or client.
(a) A person is guilty of first degree sexual abuse who purports to provide, in any manner, professional services of a medical, therapeutic, or counseling (whether legal, spiritual, or otherwise) nature, and engages in a sexual act with another person who is a patient or client of the actor, or is otherwise in a professional relationship of trust with the actor; and
(1) The actor represents falsely that the sexual act is for a bona fide medical or therapeutic purpose, or for a bona fide professional purpose for which the services are being provided;
(2) The nature of the treatment or service provided by the actor and the mental, emotional, or physical condition of the patient or client are such that the actor knows or has reason to know that the patient or client is impaired from declining participation in the sexual act;
(3) The actor represents falsely that he or she is licensed as a particular type of professional; or
(4) The sexual act occurs during the course of a consultation, examination, treatment, therapy, or other provision of professional services.
(b) Any person found guilty pursuant to subsection (a) of this section shall be imprisoned for not more than 10 years and, in addition, may be fined in an amount not to exceed $100,000.
CREDIT(S)
(May 23, 1995, D.C. Law 10-257, § 214, 42 DCR 53; May 17, 1996, D.C. Law 11-119, § 6(b), 43 DCR 528; Apr. 24, 2007, D.C. Law 16-306, § 216(i), 53 DCR 8610.)
Current through April 16, 2013
|
DC ST § 22-3016
Formerly cited as DC ST 1981 § 22-4116 |
Effective: April 24, 2007
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 30. Sexual Abuse.
Subchapter II. Sex Offenses.
§ 22-3016. Second degree sexual abuse of a patient or client.
(a) A person is guilty of second degree sexual abuse who purports to provide, in any manner, professional services of a medical, therapeutic, or counseling (whether legal, spiritual, or otherwise) nature, and engages in a sexual contact with another person who is a patient or client of the actor, or is otherwise in a professional relationship of trust with the actor; and
(1) The actor represents falsely that the sexual contact is for a bona fide medical or therapeutic purpose, or for a bona fide professional purpose for which the services are being provided;
(2) The nature of the treatment or service provided by the actor and the mental, emotional, or physical condition of the patient or client are such that the actor knows or has reason to know that the patient or client is impaired from declining participation in the sexual contact;
(3) The actor represents falsely that he or she is licensed as a particular type of professional; or
(4) The sexual contact occurs during the course of a consultation, examination, treatment, therapy, or other provision of professional services.
(b) Any person found guilty pursuant to subsection (a) of this section shall be imprisoned for not more than 5 years and, in addition, may be fined in an amount not to exceed $50,000.
CREDIT(S)
(May 23, 1995, D.C. Law 10-257, § 215, 42 DCR 53; Apr. 24, 2007, D.C. Law 16-306, § 216(j), 53 DCR 8610.)
Current through April 16, 2013
|
DC ST § 22-3017
Formerly cited as DC ST 1981 § 22-4117 |
Effective: December 10, 2009
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 30. Sexual Abuse.
Subchapter II. Sex Offenses.
§ 22-3017. Defenses to sexual abuse of a ward, patient, or client.
(a) Consent is not a defense to a prosecution under §§ 22-3013 to 22-3016, prosecuted alone or in conjunction with charges under § 22-3018.
(b) That the defendant and victim were married or in a domestic partnership at the time of the offense is a defense, which the defendant must prove by a preponderance of the evidence, to a prosecution under §§ 22-3013 to 22-3016, prosecuted alone or in conjunction with charges under § 22-3018.
CREDIT(S)
(May 23, 1995, D.C. Law 10-257, § 216, 42 DCR 53; Dec. 10, 2009, D.C. Law 18-88, § 404(b), 56 DCR 7413.)
Current through April 16, 2013
|
DC ST § 22-3018
Formerly cited as DC ST 1981 § 22-4118 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 30. Sexual Abuse.
Subchapter II. Sex Offenses.
§ 22-3018. Attempts to commit sexual offenses.
Any
person who attempts to commit an offense under this subchapter shall be
imprisoned for a term of years not to exceed 15 years where the maximum prison
term authorized for the offense is life or for not more than 1/
CREDIT(S)
(May 23, 1995, D.C. Law 10-257, § 217, 42 DCR 53.)
Current through April 16, 2013
|
DC ST § 22-3019
Formerly cited as DC ST 1981 § 22-4119 |
Effective: April 24, 2007
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 30. Sexual Abuse.
Subchapter II. Sex Offenses.
§ 22-3019. No immunity from prosecution for spouses or domestic partners.
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.)
Current through April 16, 2013
|
DC ST § 22-3020
Formerly cited as DC ST 1981 § 22-4120 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 30. Sexual Abuse.
Subchapter II. Sex Offenses.
§ 22-3020. Aggravating circumstances.
(a)
Any person who is found guilty of an offense under this subchapter may receive a
penalty up to 1 1/
(1) The victim was under the age of 12 years at the time of the offense;
(2) The victim was under the age of 18 years at the time of the offense and the actor had a significant relationship to the victim;
(3) The victim sustained serious bodily injury as a result of the offense;
(4) The defendant was aided or abetted by 1 or more accomplices;
(5) The defendant is or has been found guilty of committing sex offenses against 2 or more victims, whether in the same or other proceedings by a court of the District of Columbia, any state, or the United States or its territories; or
(6) The defendant was armed with, or had readily available, a pistol or other firearm (or imitation thereof) or other dangerous or deadly weapon.
(b) It is not necessary that the accomplices have been convicted for an increased punishment (or enhanced penalty) to apply under subsection (a)(4) of this section.
(c) No person who stands convicted of an offense under this subchapter shall be sentenced to increased punishment (or enhanced penalty) by reason of the aggravating factors set forth in subsection (a) of this section, unless prior to trial or before entry of a plea of guilty, the United States Attorney or the Corporation Counsel, as the case may be, files an information with the clerk of the court, and serves a copy of such information on the person or counsel for the person, stating in writing the aggravating factors to be relied upon.
CREDIT(S)
(May 23, 1995, D.C. Law 10-257, § 219, 42 DCR 53; May 17, 1996, D.C. Law 11-119, § 6(c), 43 DCR 528; June 8, 2001, D.C. Law 13-302, § 7(c), 47 DCR 7249.)
Current through April 16, 2013
|
DC ST § 22-3021
Formerly cited as DC ST 1981 § 22-4121 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 30. Sexual Abuse.
Subchapter III. Admission of Evidence in Sexual Abuse Offense Cases.
§ 22-3021. Reputation or opinion evidence of victim's past sexual behavior inadmissible.
(a) Notwithstanding any other provision of law, in a criminal case in which a person is accused of an offense under subchapter II of this chapter, reputation or opinion evidence of the past sexual behavior of an alleged victim of such offense is not admissible.
(b) For the purposes of this subchapter, “past sexual behavior” means sexual behavior other than the sexual behavior with respect to which an offense under subchapter II of this chapter is alleged.
CREDIT(S)
(May 23, 1995, D.C. Law 10-257, § 301, 42 DCR 53.)
Current through April 16, 2013
|
DC ST § 22-3022
Formerly cited as DC ST 1981 § 22-4122 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 30. Sexual Abuse.
Subchapter III. Admission of Evidence in Sexual Abuse Offense Cases.
§ 22-3022. Admissibility of other evidence of victim's past sexual behavior.
(a) Notwithstanding any other provision of law, in a criminal case in which a person is accused of an offense under subchapter II of this chapter, evidence of a victim's past sexual behavior other than reputation or opinion evidence is also not admissible, unless such evidence other than reputation or opinion evidence is:
(1) Admitted in accordance with subsection (b) of this section and is constitutionally required to be admitted; or
(2) Admitted in accordance with subsection (b) of this section and is evidence of:
(A) Past sexual behavior with persons other than the accused, offered by the accused upon the issue of whether the accused was or was not, with respect to the alleged victim, the source of semen or bodily injury; or
(B) Past sexual behavior with the accused where consent of the alleged victim is at issue and is offered by the accused upon the issue of whether the alleged victim consented to the sexual behavior with respect to which such offense is alleged.
(b)(1) If the person accused of committing an offense under subchapter II of this chapter intends to offer under subsection (a) of this section, evidence of specific instances of the alleged victim's past sexual behavior, the accused shall make a written motion to offer such evidence not later than 15 days before the date on which the trial in which such evidence is to be offered is scheduled to begin, except that the court may allow the motion to be made at a later date, including during trial, if the court determines either that the evidence is newly discovered and could not have been obtained earlier through the exercise of due diligence or that the issue to which such evidence relates has newly arisen in the case. Any motion made under this paragraph, and the accompanying offer of proof, shall be filed under seal and served on all other parties and on the alleged victim.
(2) The motion described in paragraph (1) of this subsection shall be accompanied by a written offer of proof. If the court determines that the offer of proof contains evidence described in subsection (a) of this section, the court shall order a hearing in chambers to determine if such evidence is admissible. At such hearing, the parties may call witnesses, including the alleged victim, and offer relevant evidence. If the relevancy of the evidence which the accused seeks to offer in the trial depends upon the fulfillment of a condition of fact, the court, at the hearing in chambers, or at a subsequent hearing in chambers scheduled for such purpose, shall accept evidence on the issue of whether such condition of fact is fulfilled and shall determine such issue.
(3) If the court determines on the basis of the hearing described in paragraph (2) of this subsection that the evidence which the accused seeks to offer is relevant and that the probative value of such evidence outweighs the danger of unfair prejudice, such evidence shall be admissible in the trial to the extent an order made by the court specifies evidence which may be offered and areas with respect to which the alleged victim may be examined or cross-examined.
CREDIT(S)
(May 23, 1995, D.C. Law 10-257, § 302, 42 DCR 53.)
Current through April 16, 2013
|
DC ST § 22-3023
Formerly cited as DC ST 1981 § 22-4123 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 30. Sexual Abuse.
Subchapter III. Admission of Evidence in Sexual Abuse Offense Cases.
§ 22-3023. Prompt reporting.
Evidence of delay in reporting an offense under subchapter II of this chapter to a public authority shall not raise any presumption concerning the credibility or veracity of a charge under subchapter II of this chapter.
CREDIT(S)
(May 23, 1995, D.C. Law 10-257, § 303, 42 DCR 53.)
Current through April 16, 2013
|
DC ST § 22-3024
Formerly cited as DC ST 1981 § 22-4124 |
Effective: April 24, 2007
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 30. Sexual Abuse.
Subchapter III. Admission of Evidence in Sexual Abuse Offense Cases.
§ 22-3024. Privilege inapplicable for spouses or domestic partners.
Laws attaching a privilege against disclosure of communications between spouses or domestic partners are inapplicable in prosecutions under subchapter II of this chapter where the defendant is or was married to the victim, or is or was a domestic partner of the victim, or where the victim is a child.
CREDIT(S)
(May 23, 1995, D.C. Law 10-257, § 304, 42 DCR 53; Apr. 24, 2007, D.C. Law 16-306, § 216(l), 53 DCR 8610.)
Current through April 16, 2013
|
DC ST D. IV, T. 22, Subt. I, Ch. 31, Refs & Annos |
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 31. Sexual Performance Using Minors.
Current through April 16, 2013
|
DC ST § 22-3101
Formerly cited as DC ST 1981 § 22-2011 |
Effective: October 23, 2010
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 31. Sexual Performance Using Minors. (Refs & Annos)
§ 22-3101. Definitions.
For the purposes of this chapter, the term:
(1) “Knowingly” means having general knowledge of, or reason to know or a belief or ground for belief which warrants further inspection or inquiry, or both.
(2) “Minor” means any person under 18 years of age.
(3) “Performance” means any play, motion picture, photograph, electronic representation, dance, or any other visual presentation or exhibition.
(4) “Promote” means to procure, manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmute, publish or distribute, circulate, disseminate, present, exhibit, or advertise, or to offer or agree to do the same.
(5) “Sexual conduct” means:
(A) Actual or simulated sexual intercourse:
(i) Between the penis and the vulva, anus, or mouth;
(ii) Between the mouth and the vulva or anus; or
(iii) Between an artificial sexual organ or other object or instrument used in the manner of an artificial sexual organ and the anus or vulva;
(B) Masturbation;
(C) Sexual bestiality;
(D) Sadomasochistic sexual activity for the purpose of sexual stimulation; or
(E) Lewd exhibition of the genitals.
(6) “Sexual performance” means any performance or part thereof which includes sexual conduct by a person under 18 years of age.
CREDIT(S)
(Mar. 9, 1983, D.C. Law 4-173, § 2, 29 DCR 5749; Oct. 23, 2010, D.C. Law 18-239, § 205(a), 57 DCR 5405.)
Current through April 16, 2013
|
DC ST § 22-3102
Formerly cited as DC ST 1981 § 22-2012 |
Effective: October 23, 2010
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 31. Sexual Performance Using Minors. (Refs & Annos)
§ 22-3102. Prohibited acts.
(a) It shall be unlawful in the District of Columbia for a person knowingly to use a minor in a sexual performance or to promote a sexual performance by a minor.
(1) A person is guilty of the use of a minor in a sexual performance if knowing the character and content thereof, he or she employs, authorizes, or induces a person under 18 years of age to engage in a sexual performance or being the parent, legal guardian, or custodian of a minor, he or she consents to the participation by a minor in a sexual performance.
(2) A person is guilty of promoting a sexual performance by a minor when, knowing the character and content thereof, he or she produces, directs, or promotes any performance which includes sexual conduct by a person under 18 years of age.
(b) It shall be unlawful in the District of Columbia for a person, knowing the character and content thereof, to attend, transmit, or possess a sexual performance by a minor.
(c) If the sexual performance consists solely of a still or motion picture, then this section:
(1) Shall not apply to the minor or minors depicted in a still or motion picture who possess it or transmit it to another person unless at least one of the minors depicted in it does not consent to its possession or transmission; and
(2) Shall not apply to possession of a still or motion picture by a minor, or by an adult not more than 4 years older than the minor or minors depicted in it, who receives it from a minor depicted in it unless the recipient knows that at least one of the minors depicted in the still or motion picture did not consent to its transmission.
(d) For the purposes of subsections (b) and (c) of this section, the term:
(1) “Possess,” “possession,” or “possessing” requires accessing the sexual performance if electronically received or available.
(2) “Still or motion picture” includes a photograph, motion picture, electronic or digital representation, video, or other visual depiction, however produced or reproduced.
(3) “Transmit” or “transmission” includes distribution, and can occur by any means, including electronically.”.
CREDIT(S)
(Mar. 9, 1983, D.C. Law 4-173, § 3, 29 DCR 5749; Oct. 23, 2010, D.C. Law 18-239, § 205(b), 57 DCR 5405.)
Current through April 16, 2013
|
DC ST § 22-3103
Formerly cited as DC ST 1981 § 22-2013 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 31. Sexual Performance Using Minors. (Refs & Annos)
§ 22-3103. Penalties.
Violation of this chapter shall be a felony and shall be punished by:
(1) A fine of not more than $5,000 or imprisonment for not more than 10 years, or both for the first offense; or
(2) A fine of not more than $15,000 or imprisonment for not more than 20 years, or both for the 2nd and each subsequent offense.
CREDIT(S)
(Mar. 9, 1983, D.C. Law 4-173, § 4, 29 DCR 5749.)
Current through April 16, 2013
|
DC ST § 22-3104
Formerly cited as DC ST 1981 § 22-2014 |
Effective: October 23, 2010
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 31. Sexual Performance Using Minors. (Refs & Annos)
§ 22-3104. Affirmative defenses.
(a) Under this chapter it shall be an affirmative defense that the defendant in good faith reasonably believed the person appearing in the performance was 18 years of age or over.
(b)(1) Except as provided in paragraph (2) of this subsection, in any prosecution for an offense pursuant to § 22-3102(2) it shall be an affirmative defense that the person so charged was:
(A) A librarian engaged in the normal course of his or her employment; or
(B) A motion picture projectionist, stage employee or spotlight operator, cashier, doorman, usher, candy stand attendant, porter, or in any other nonmanagerial or nonsupervisory capacity in a motion picture theater.
(2) The affirmative defense provided by paragraph (1) of this subsection shall not apply if the person described therein has a financial interest (other than his or her employment, which employment does not encompass compensation based upon any proportion of the gross receipts) in:
(A) The promotion of a sexual performance for sale, rental, or exhibition;
(B) The direction of any sexual performance; or
(C) The acquisition of the performance for sale, retail, or exhibition.
(c) It shall be an affirmative defense to a charge under § 22-3102 that the defendant:
(1) Possessed or accessed less than 6 still photographs or one motion picture, however produced or reproduced, of a sexual performance by a minor; and
(2) Promptly and in good faith, and without retaining, copying, or allowing any person, other than a law enforcement agency, to access any photograph or motion picture:
(A) Took reasonable steps to destroy each such photograph or motion picture; or
(B) Reported the matter to a law enforcement agency and afforded that agency access to each such photograph or motion picture.
CREDIT(S)
(Mar. 9, 1983, D.C. Law 4-173, § 5, 29 DCR 5749; Oct. 23, 2010, D.C. Law 18-239, § 205(c), 57 DCR 5405.)
Current through April 16, 2013
|
DC ST § 22-3131 |
Effective: December 10, 2009
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 31A. Stalking
§ 22-3131. Legislative intent.
(a) The Council finds that stalking is a serious problem in this city and nationwide. Stalking involves severe intrusions on the victim's personal privacy and autonomy. It is a crime that can have a long-lasting impact on the victim's quality of life, and creates risks to the security and safety of the victim and others, even in the absence of express threats of physical harm. Stalking conduct often becomes increasingly violent over time. The Council recognizes the dangerous nature of stalking as well as the strong connections between stalking and domestic violence and between stalking and sexual assault. Therefore, the Council enacts this law to encourage effective intervention by the criminal justice system before stalking escalates into behavior that has even more serious or lethal consequences.
(b) The Council enacts this stalking statute to permit the criminal justice system to hold stalkers accountable for a wide range of acts, communications, and conduct. The Council recognizes that stalking includes a pattern of following or monitoring the victim, or committing violent or intimidating acts against the victim, regardless of the means.
CREDIT(S)
(Dec. 10, 2009, D.C. Law 18-88, § 501, 56 DCR 7413.)
Current through April 16, 2013
|
DC ST § 22-3132 |
Effective: December 10, 2009
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 31A. Stalking
§ 22-3132. Definitions.
For the purposes of this chapter, the term:
(1) “Any device” means electronic, mechanical, digital or any other equipment, including: a camera, spycam, computer, spyware, microphone, audio or video recorder, global positioning system, electronic monitoring system, listening device, night-vision goggles, binoculars, telescope, or spyglass.
(2) “Any means” includes the use of a telephone, mail, delivery service, e-mail, website, or other method of communication or any device.
(3) “Communicating” means using oral or written language, photographs, pictures, signs, symbols, gestures, or other acts or objects that are intended to convey a message.
(4) “Emotional distress” means significant mental suffering or distress that may, but does not necessarily, require medical or other professional treatment or counseling;
(5) “Financial injury” means the monetary costs, debts, or obligations incurred as a result of the stalking by the specific individual, member of the specific individual's household, a person whose safety is threatened by the stalking, or a person who is financially responsible for the specific individual and includes:
(A) The costs of replacing or repairing any property that was taken or damaged;
(B) The costs of clearing the specific individual's name or his or her credit, criminal, or any other official record;
(C) Medical bills;
(D) Relocation expenses;
(E) Lost employment or wages; and
(F) Attorney's fees.
(6) “Personal identifying information” shall have the same meaning as provided in § 22-3227.01(3).
(7) “Specific individual” or “individual” means the victim or alleged victim of stalking.
(8) “To engage in a course of conduct” means directly or indirectly, or through one or more third persons, in person or by any means, on 2 or more occasions, to:
(A) Follow, monitor, place under surveillance, threaten, or communicate to or about another individual;
(B) Interfere with, damage, take, or unlawfully enter an individual's real or personal property or threaten or attempt to do so; or
(C) Use another individual's personal identifying information.
CREDIT(S)
(Dec. 10, 2009, D.C. Law 18-88, § 502, 56 DCR 7413.)
Current through April 16, 2013
|
DC ST § 22-3133 |
Effective: December 10, 2009
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 31A. Stalking
§ 22-3133. Stalking.
(a) It is unlawful for a person to purposefully engage in a course of conduct directed at a specific individual:
(1) With the intent to cause that individual to:
(A) Fear for his or her safety or the safety of another person;
(B) Feel seriously alarmed, disturbed, or frightened; or
(C) Suffer emotional distress;
(2) That the person knows would cause that individual reasonably to:
(A) Fear for his or her safety or the safety of another person;
(B) Feel seriously alarmed, disturbed, or frightened; or
(C) Suffer emotional distress; or
(3) That the person should have known would cause a reasonable person in the individual's circumstances to:
(A) Fear for his or her safety or the safety of another person;
(B) Feel seriously alarmed, disturbed, or frightened; or
(C) Suffer emotional distress.
(b) This section does not apply to constitutionally protected activity.
(c) Where a single act is of a continuing nature, each 24-hour period constitutes a separate occasion.
(d) The conduct on each of the occasions need not be the same as it is on the others.
CREDIT(S)
(Dec. 10, 2009, D.C. Law 18-88, § 503, 56 DCR 7413.)
Current through April 16, 2013
|
DC ST § 22-3134 |
Effective: December 10, 2009
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 31A. Stalking
§ 22-3134. Penalties.
(a) Except as provided in subsections (b) and (c) of this section, a person who violates § 22-3133 shall be fined not more than $1,000, imprisoned for not more than 12 months, or both.
(b) A person who violates § 22-3133 shall be fined not more than $10,000, imprisoned for not more than 5 years, or both, if the person:
(1) At the time, was subject to a court, parole, or supervised release order prohibiting contact with the specific individual;
(2) Has one prior conviction in any jurisdiction of stalking any person within the previous 10 years;
(3) At the time, was at least 4 years older than the specific individual and the specific individual was less than 18 years of age; or
(4) Caused more than $ 2,500 in financial injury.
(c) A person who violates § 22-3133 shall be fined not more than $25,000, imprisoned for not more than 10 years, or both, if the person has 2 or more prior convictions in any jurisdiction for stalking any person, at least one of which was for a jury demandable offense.
(d) A person shall not be sentenced consecutively for stalking and identify theft based on the same act or course of conduct.
CREDIT(S)
(Dec. 10, 2009, D.C. Law 18-88, § 504, 56 DCR 7413.)
Current through April 16, 2013
|
DC ST § 22-3135 |
Effective: December 10, 2009
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 31A. Stalking
§ 22-3135. Jurisdiction.
(a) An offense shall be deemed to be committed in the District of Columbia if the conduct on at least one occasion was initiated in the District of Columbia or had an effect on the specific individual in the District of Columbia.
(b) A communication shall be deemed to be committed in the District of Columbia if it is made or received in the District of Columbia or, if the specific individual lives in the District of Columbia, it can be electronically accessed in the District of Columbia.
CREDIT(S)
(Dec. 10, 2009, D.C. Law 18-88, § 505, 56 DCR 7413.)
Current through April 16, 2013
|
DC ST § 22-3151 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 31B. Terrorism.
§ 22-3151. Short title.
This chapter may be cited as the “Anti-Terrorism Act of 2002”.
CREDIT(S)
(Oct. 17, 2002, D.C. Law 14-194, § 101, 49 DCR 5306.)
Current through April 16, 2013
|
DC ST § 22-3152 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 31B. Terrorism.
§ 22-3152. Definitions.
For the purposes of this chapter, the term:
(1) “Act of terrorism” means an act or acts that constitute a specified offense as defined in paragraph (8) of this section and that are intended to:
(A) Intimidate or coerce a significant portion of the civilian population of:
(i) The District of Columbia; or
(ii) The United States; or
(B) Influence the policy or conduct of a unit of government by intimidation or coercion.
(2) “Biological agent” means any microorganism, virus, infectious substance, or biological product that may be engineered as a result of biotechnology, or any naturally occurring or bioengineered component of any such microorganism, virus, infectious substance, or biological product, capable of causing:
(A) Death, disease, or other biological malfunction in a human, an animal, a plant, or another living organism;
(B) Deterioration of food, water, equipment, supplies, or material of any kind; or
(C) Deleterious alteration of the environment.
(3) “Hoax weapon of mass destruction” means any device or object that by its design, construction, content, or characteristics, appears to be or to contain, or is represented to be or to contain a weapon of mass destruction, even if it is, in fact, an inoperative facsimile or imitation of a weapon of mass destruction, or contains no weapon of mass destruction.
(4) “Material support or resources” means:
(A) Expert services or assistance;
(B) Currency, financial securities or other monetary instruments, financial services, lodging, training, false documentation or identification, equipment, facilities, weapons, lethal substances, explosives, personnel, transportation, and other physical assets; or
(C) A weapon of mass destruction.
(5) “Nuclear material” means material containing any:
(A) Plutonium;
(B) Uranium not in the form of ore or ore residue that contains the mixture of isotopes as occurring in nature;
(C) Enriched uranium, defined as uranium that contains the isotope 233 or 235 or both in such amount that the abundance ratio of the sum of those isotopes to the isotope 238 is greater than the ratio of the isotope 235 to the isotope 238 occurring in nature; or
(D) Uranium 233.
(6) “Provision of material support or resources for an act of terrorism” means the act of providing material support or resources to a person or an organization with the purpose or knowledge that the material support or resources will be used, in whole or in part, to plan, prepare, or carry out an act of terrorism, or to flee after committing an act of terrorism.
(7) “Solicitation of material support or resources to commit an act of terrorism” means the act of raising, soliciting, or collecting material support or resources with the purpose or knowledge that such material support or resources will be used, in whole or in part, to plan, prepare, or carry out an act of terrorism, or to flee after committing an act of terrorism.
(8) “Specified offense” means:
(A) Section 22-2101 (Murder in the first degree);
(B) Section 22-2102 (Murder in the first degree -- placing obstructions upon or displacement of railroads);
(C) Section 22-2106 (Murder of law enforcement officer or public safety employee);
(D) Section 22-2103 (Murder in the second degree);
(E) Section 22-2105 (Manslaughter);
(F) Section 22-2001 (Kidnapping and conspiracy to kidnap);
(G) Section 22-401 (Assault with intent to kill only);
(H) Section 22-406 (Mayhem or maliciously disfiguring);
(I) Section 22-301 (Arson);
(J) Section 22-303 (Malicious burning, destruction, or injury of another's property, if the property is valued at $500,000 or more); or
(K) An attempt or conspiracy to commit any of the offenses listed in subparagraphs (A) through (J) of this paragraph.
(9) “Toxic or poisonous chemical” means any chemical which, through its chemical action on life processes, can cause death, permanent incapacitation, or permanent harm to humans.
(10) “Toxin” means the toxic material of plants, animals, microorganisms, viruses, fungi, or infectious substances, or a recombinant molecule, whatever its origin or method of production, including:
(A) Any poisonous substance or biological product that may be engineered as a result of biotechnology produced by a living organism; or
(B) Any poisonous isomer or biological product, homolog, or derivative of such a substance;
(11) “Unit of government” means:
(A) The office of the President of the United States;
(B) The United States Congress;
(C) Any federal executive department or agency;
(D) The office of the Mayor of the District of Columbia;
(E) Any executive department or agency of the District of Columbia, including any independent agency, board, or commission;
(F) The Council of the District of Columbia;
(G) The Superior Court of the District of Columbia;
(H) The District of Columbia Court of Appeals;
(I) The United States Court of Appeals for the District of Columbia;
(J) The United States District Court for the District of Columbia; or
(K) The Supreme Court of the United States.
(12) “Weapon of mass destruction” means:
(A) Any destructive device that is designed, intended, or otherwise used to cause death or serious bodily injury, including:
(i) An explosive, incendiary, or poison gas:
(I) Bomb;
(II) Grenade;
(III) Rocket;
(IV) Missile;
(V) Mine; or
(VI) Device similar to any of the devices described in the preceding clauses;
(ii) A mortar, cannon, or artillery piece; or
(iii) Any combination of parts either designed or intended for use in converting any device into a device described in sub-subparagraphs (i) through (iii) of this paragraph and from which such device may be readily assembled;
(B) An object similar to or used to achieve the same destructive effect of any of the devices described in subparagraph (A) of this paragraph;
(C) Any weapon that is designed, intended, or otherwise used to cause death or serious bodily injury through the release, dissemination, or impact of a toxic or poisonous chemical;
(D) Any weapon that is designed, intended, or otherwise used to cause death or serious bodily injury through the release, dissemination, or impact of a biological agent or toxin; or
(E) Any weapon that is designed, intended, or otherwise used to cause death or serious bodily injury through the release, dissemination, or impact of radiation or radioactivity, or that contains nuclear material.
CREDIT(S)
(Oct. 17, 2002, D.C. Law 14-194, § 102, 49 DCR 5306; Apr. 7, 2006, D.C. Law 16-91, § 141, 52 DCR 10637.)
Current through April 16, 2013
|
DC ST § 22-3153 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 31B. Terrorism.
§ 22-3153. Acts of terrorism; penalties.
(a) A person who commits first degree murder that constitutes an act of terrorism shall, upon conviction, be punished by imprisonment for life without the possibility of release.
(b) A person who commits murder of a law enforcement officer or public safety employee that constitutes an act of terrorism shall, upon conviction, be punished by imprisonment for life without the possibility of release.
(c) A person who commits murder in the second degree that constitutes an act of terrorism may, upon conviction, be punished by imprisonment for life.
(d) A person who commits manslaughter that constitutes an act of terrorism may, upon conviction, be punished by imprisonment for life.
(e) A person who commits kidnapping that constitutes an act of terrorism may, upon conviction, be punished by imprisonment for life.
(f) A person who commits any assault with intent to kill that constitutes an act of terrorism may, upon conviction, be punished by imprisonment for not more than 30 years.
(g) A person who commits mayhem or maliciously disfiguring another that constitutes an act of terrorism may, upon conviction, be punished by imprisonment for not more than 20 years.
(h) A person who commits arson that constitutes an act of terrorism may, upon conviction, be punished by imprisonment for not more than 20 years.
(i) A person who commits malicious burning, destruction, or injury of another's property, if such property is valued at $500,000 or more, that constitutes an act of terrorism may, upon conviction, be punished by imprisonment for not more than 20 years.
(j) A person who attempts or conspires to commit first degree murder, murder of a law enforcement officer or public safety employee, murder in the second degree, manslaughter, or kidnapping that constitutes an act of terrorism may be punished by imprisonment for not more than 30 years.
(k) A person who attempts or conspires to commit any assault with intent to kill that constitutes an act of terrorism may, upon conviction, be punished by imprisonment for not more than 20 years.
(l) A person who attempts or conspires to commit mayhem or maliciously disfiguring another, arson, or malicious burning, destruction, or injury of another's property, if such property is valued at $500,000 or more, that constitutes an act of terrorism may, upon conviction, be punished by imprisonment of not more than 15 years.
(m) A person who provides material support or resources for an act of terrorism may, upon conviction, be punished by imprisonment for not more than 20 years.
(n) A person who solicits material support or resources to commit an act of terrorism may, upon conviction, be punished by imprisonment for not more than 20 years.
CREDIT(S)
(Oct. 17, 2002, D.C. Law 14-194, § 103, 49 DCR 5306.)
Current through April 16, 2013
|
DC ST § 22-3154 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 31B. Terrorism.
§ 22-3154. Manufacture or possession of a weapon of mass destruction.
(a) A person who manufactures or possesses a weapon of mass destruction capable of causing multiple deaths, serious bodily injuries to multiple persons, or massive destruction of property may, upon conviction, be punished by imprisonment for life.
(b) A person who attempts or conspires to manufacture or possess a weapon of mass destruction capable of causing multiple deaths, serious bodily injuries to multiple persons, or massive destruction of property may, upon conviction, be punished by imprisonment for not more than 30 years.
CREDIT(S)
(Oct. 17, 2002, D.C. Law 14-194, § 104, 49 DCR 5306.)
Current through April 16, 2013
|
DC ST § 22-3155 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 31B. Terrorism.
§ 22-3155. Use, dissemination, or detonation of a weapon of mass destruction.
(a) A person who uses, disseminates, or detonates a weapon of mass destruction capable of causing multiple deaths, serious bodily injuries to multiple persons, or massive destruction of property may, upon conviction, be punished by imprisonment for life.
(b) A person who attempts or conspires to use, disseminate, or detonate a weapon of mass destruction capable of causing multiple deaths, serious bodily injuries to multiple persons, or massive destruction of property may, upon conviction, be punished by imprisonment for not more than 30 years.
CREDIT(S)
(Oct. 17, 2002, D.C. Law 14-194, § 105, 49 DCR 5306.)
Current through April 16, 2013
|
DC ST § 22-3156 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 31B. Terrorism.
§ 22-3156. Jurisdiction.
There is jurisdiction to prosecute any person who participates in the commission of any offense described in this chapter if any act in furtherance of the offense occurs in the District of Columbia or where the effect of any act in furtherance of the offense occurs in the District of Columbia.
CREDIT(S)
(Oct. 17, 2002, D.C. Law 14-194, § 106, 49 DCR 5306.)
Current through April 16, 2013
|
DC ST D. IV, T. 22, Subt. I, Ch. 32, Subch. I, Refs & Annos |
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 32. Theft; Fraud; Stolen Property; Forgery; and Extortion.
Subchapter I. General Provisions.
Current through April 16, 2013
|
DC ST § 22-3201
Formerly cited as DC ST 1981 § 22-3801 |
Effective: December 10, 2009
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 32. Theft; Fraud; Stolen Property; Forgery; and Extortion.
Subchapter I. General Provisions. (Refs & Annos)
§ 22-3201. Definitions.
For the purposes of this chapter, the term:
(1) “Appropriate” means to take or make use of without authority or right.
(2) “Deprive” means:
(A) To withhold property or cause it to be withheld from a person permanently or for so extended a period or under such circumstances as to acquire a substantial portion of its value; or
(B) To dispose of the property, or use or deal with the property so as to make it unlikely that the owner will recover it.
(2A) “Person” means an individual (whether living or dead), trust, estate, fiduciary, partnership, company, corporation, association, organization, union, government department, agency, or instrumentality, or any other legal entity.
(3) “Property” means anything of value. The term “property” includes, but is not limited to:
(A) Real property, including things growing on, affixed to, or found on land;
(B) Tangible or intangible personal property;
(C) Services;
(D) Credit;
(E) Debt; and
(F) A government-issued license, permit, or benefit.
(4) “Property of another” means any property in which a government or a person other than the accused has an interest which the accused is not privileged to interfere with or infringe upon without consent, regardless of whether the accused also has an interest in that property. The term “property of another” includes the property of a corporation or other legal entity established pursuant to an interstate compact. The term “property of another” does not include any property in the possession of the accused as to which any other person has only a security interest.
(5) “Services” includes, but is not limited to:
(A) Labor, whether professional or nonprofessional;
(B) The use of vehicles or equipment;
(C) Transportation, telecommunications, energy, water, sanitation, or other public utility services, whether provided by a private or governmental entity;
(D) The supplying of food, beverage, lodging, or other accommodation in hotels, restaurants, or elsewhere;
(E) Admission to public exhibitions or places of entertainment; and
(F) Educational and hospital services, accommodations, and other related services.
(6) “Stolen property” includes any property that has been obtained by conduct previously known as embezzlement.
(7) “Value” with respect to a credit card, check, or other written instrument means the amount of money, credit, debt, or other tangible or intangible property or services that has been or can be obtained through its use, or the amount promised or paid by the credit card, check, or other written instrument.
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 101, 29 DCR 3976; Dec. 10, 2009, D.C. Law 18-88, § 214(a), 56 DCR 7413.)
Current through April 16, 2013
|
DC ST § 22-3202
Formerly cited as DC ST 1981 § 22-3802 |
Effective: April 20, 2012
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 32. Theft; Fraud; Stolen Property; Forgery; and Extortion.
Subchapter I. General Provisions. (Refs & Annos)
§ 22-3202. Aggregation of amounts received to determine grade of offense.
Amounts or property received pursuant to a single scheme or systematic course of conduct in violation of § 22-3211 (Theft), § 22-3221 (Fraud), § 22-3223 (Credit Card Fraud), § 22-3227.02 (Identity Theft), § 22-3231 (Trafficking in Stolen Property), or § 22-3232 (Receiving Stolen Property) may be aggregated in determining the grade of the offense and the sentence for the offense.
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 102, 29 DCR 3976; Aug. 2, 1983, D.C. Law 5-24, § 6, 30 DCR 3341; Apr. 20, 2012, D.C. Law 19-120, § 101(a), 58 DCR 11235.)
Current through April 16, 2013
|
DC ST § 22-3203
Formerly cited as DC ST 1981 § 22-3803 |
Effective: December 10, 2009
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 32. Theft; Fraud; Stolen Property; Forgery; and Extortion.
Subchapter I. General Provisions. (Refs & Annos)
§ 22-3203. Consecutive sentences.
(a) A person may be convicted of any combination of theft, identity theft, fraud, credit card fraud, unauthorized use of a vehicle, commercial piracy, and receiving stolen property for the same act or course of conduct; provided, that no person shall be consecutively sentenced for any such combination or combinations that arise from the same act or course of conduct.
(b) Convictions arising out of the same act or course of conduct shall be considered as one conviction for purposes of any application of repeat offender sentencing provisions.
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 103, 29 DCR 3976; June 3, 1997, D.C. Law 11-275, § 12(a), 44 DCR 1408; Mar. 27, 2004, D.C. Law 15-106, § 2(b), 50 DCR 9809; Dec. 10, 2009, D.C. Law 18-88, § 214(b), 56 DCR 7413.)
Current through April 16, 2013
|
DC ST § 22-3204 |
Effective: December 10, 2009
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 32. Theft; Fraud; Stolen Property; Forgery; and Extortion.
Subchapter I. General Provisions. (Refs & Annos)
§ 22-3204. Case referral.
For the purposes of this chapter, in cases involving more than one jurisdiction, or in cases where more than one District of Columbia agency is responsible for investigating an alleged violation, the investigating agency to which the report was initially made may refer the matter to another investigating or law enforcement agency with proper jurisdiction.
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 104, as addedDec. 10, 2009, D.C. Law 18-88, § 214(c), 56 DCR 7413.)
Current through April 16, 2013
|
DC ST D. IV, T. 22, Subt. I, Ch. 32, Subch. II, Refs & Annos |
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 32. Theft; Fraud; Stolen Property; Forgery; and Extortion.
Subchapter II. Theft; Related Offenses.
Current through April 16, 2013
|
DC ST § 22-3211
Formerly cited as DC ST 1981 § 22-3811 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 32. Theft; Fraud; Stolen Property; Forgery; and Extortion.
Subchapter II. Theft; Related Offenses. (Refs & Annos)
§ 22-3211. Theft.
(a) For the purpose of this section, the term “wrongfully obtains or uses” means: (1) taking or exercising control over property; (2) making an unauthorized use, disposition, or transfer of an interest in or possession of property; or (3) obtaining property by trick, false pretense, false token, tampering, or deception. The term “wrongfully obtains or uses” includes conduct previously known as larceny, larceny by trick, larceny by trust, embezzlement, and false pretenses.
(b) A person commits the offense of theft if that person wrongfully obtains or uses the property of another with intent:
(1) To deprive the other of a right to the property or a benefit of the property; or
(2) To appropriate the property to his or her own use or to the use of a third person.
(c) In cases in which the theft of property is in the form of services, proof that a person obtained services that he or she knew or had reason to believe were available to him or her only for compensation and that he or she departed from the place where the services were obtained knowing or having reason to believe that no payment had been made for the services rendered in circumstances where payment is ordinarily made immediately upon the rendering of the services or prior to departure from the place where the services are obtained, shall be prima facie evidence that the person had committed the offense of theft.
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 111, 29 DCR 3976.)
Current through April 16, 2013
|
DC ST § 22-3212
Formerly cited as DC ST 1981 § 22-3812 |
Effective: December 10, 2009
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 32. Theft; Fraud; Stolen Property; Forgery; and Extortion.
Subchapter II. Theft; Related Offenses. (Refs & Annos)
§ 22-3212. Penalties for theft.
(a) Theft in the first degree. -- Any person convicted of theft in the first degree shall be fined not more than $5,000 or imprisoned for not more than 10 years, or both, if the value of the property obtained or used is $1,000 or more.
(b) Theft in the second degree. -- Any person convicted of theft in the second degree shall be fined not more than $1,000 or imprisoned for not more than 180 days, or both, if the property obtained or used has some value.
(c) A person convicted of theft in the first or second degree who has 2 or more prior convictions for theft, not committed on the same occasion, shall be fined not more than $5,000 or imprisoned for not more than 10 years and for a mandatory-minimum term of not less than one year, or both. A person sentenced under this subsection shall not be released from prison, granted probation, or granted suspension of sentence, prior to serving the mandatory-minimum.
(d) For the purposes of this section, a person shall be considered as having 2 or more prior convictions for theft if he or she has been convicted on at least 2 occasions of violations of:
(1) § 22-3211;
(2) A statute in one or more jurisdictions prohibiting theft or larceny; or
(3) Conduct that would constitute a violation of § 22-3211 if committed in the District of Columbia.
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 112, 29 DCR 3976; Aug. 20, 1994, D.C. Law 10-151, § 113(a), 41 DCR 2608; June 3, 1997, D.C. Law 11-275, § 12(b), 44 DCR 1408; Dec. 10, 2009, D.C. Law 18-88, § 214(d), 56 DCR 7413.)
Current through April 16, 2013
|
DC ST § 22-3213
Formerly cited as DC ST 1981 § 22-3813 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 32. Theft; Fraud; Stolen Property; Forgery; and Extortion.
Subchapter II. Theft; Related Offenses. (Refs & Annos)
§ 22-3213. Shoplifting.
(a) A person commits the offense of shoplifting if, with intent to appropriate without complete payment any personal property of another that is offered for sale or with intent to defraud the owner of the value of the property, that person:
(1) Knowingly conceals or takes possession of any such property;
(2) Knowingly removes or alters the price tag, serial number, or other identification mark that is imprinted on or attached to such property; or
(3) Knowingly transfers any such property from the container in which it is displayed or packaged to any other display container or sales package.
(b) Any person convicted of shoplifting shall be fined not more than $300 or imprisoned for not more than 90 days, or both.
(c) It is not an offense to attempt to commit the offense described in this section.
(d) A person who offers tangible personal property for sale to the public, or an employee or agent of such a person, who detains or causes the arrest of a person in a place where the property is offered for sale shall not be held liable for detention, false imprisonment, malicious prosecution, defamation, or false arrest, in any proceeding arising out of such detention or arrest, if:
(1) The person detaining or causing the arrest had, at the time thereof, probable cause to believe that the person detained or arrested had committed in that person's presence, an offense described in this section;
(2) The manner of the detention or arrest was reasonable;
(3) Law enforcement authorities were notified within a reasonable time; and
(4) The person detained or arrested was released within a reasonable time of the detention or arrest, or was surrendered to law enforcement authorities within a reasonable time.
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 113, 29 DCR 3976.)
Current through April 16, 2013
|
DC ST § 22-3214
Formerly cited as DC ST 1981 § 22-3814 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 32. Theft; Fraud; Stolen Property; Forgery; and Extortion.
Subchapter II. Theft; Related Offenses. (Refs & Annos)
§ 22-3214. Commercial piracy.
(a) For the purpose of this section, the term:
(1) “Owner”, with respect to phonorecords or copies, means the person who owns the original fixation of the property involved or the exclusive licensee in the United States of the rights to reproduce and distribute to the public phonorecords or copies of the original fixation. In the case of a live performance the term “owner” means the performer or performers.
(2) “Proprietary information” means customer lists, mailing lists, formulas, recipes, computer programs, unfinished designs, unfinished works of art in any medium, process, program, invention, or any other information, the primary commercial value of which may diminish if its availability is not restricted.
(3) “Phonorecords” means material objects in which sounds, other than those accompanying a motion picture or other audiovisual work, are fixed by any method now known or later developed, and from which the sounds can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. The term “phonorecords” includes the material object in which the sounds are first fixed.
(b) A person commits the offense of commercial piracy if, with the intent to sell, to derive commercial gain or advantage, or to allow another person to derive commercial gain or advantage, that person reproduces or otherwise copies, possesses, buys, or otherwise obtains phonorecords of a sound recording, live performance, or copies of proprietary information, knowing or having reason to believe that the phonorecord or copies were made without the consent of the owner. A presumption of the requisite intent arises if the accused possesses 5 or more unauthorized phonorecords either of the same sound recording or recording of a live performance.
(c) Nothing in this section shall be construed to prohibit:
(1) Copying or other reproduction that is in the manner specifically permitted by Title 17 of the United States Code; or
(2) Copying or other reproduction of a sound recording that is made by a licensed radio or television station or a cable broadcaster solely for broadcast or archival use.
(d) Any person convicted of commercial piracy shall be fined not more than $1,000 or imprisoned for not more than 180 days, or both.
(e) This section does not apply to any sound recording initially fixed on or after February 15, 1972.
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 114, 29 DCR 3976; Aug. 20, 1994, D.C. Law 10-151, § 113(b), 41 DCR 2608; Oct. 31, 1995, D.C. Law 11-73, § 2(a), 42 DCR 3277.)
Current through April 16, 2013
|
DC ST § 22-3214.01
Formerly cited as DC ST 1981 § 22-3814.1 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 32. Theft; Fraud; Stolen Property; Forgery; and Extortion.
Subchapter II. Theft; Related Offenses. (Refs & Annos)
§ 22-3214.01. Deceptive labeling.
(a) For the purposes of this section, the term:
(1) “Audiovisual works” means material objects upon which are fixed a series of related images which are intrinsically intended to be shown by the use of machines or devices such as projectors, viewers, or electronic equipment, now known or later developed, together with accompanying sounds, if any, regardless of the nature of the material objects, such as films or tapes, in which the works are embodied.
(2) “Manufacturer” means the person who authorizes or causes the copying, fixation, or transfer of sounds or images to sound recordings or audiovisual works subject to this section.
(3) “Sound recordings” means material objects in which sounds, other than those accompanying a motion picture or other audiovisual work, are fixed by any method now known or later developed, and from which the sounds can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.
(b) A person commits the offense of deceptive labeling if, for commercial advantage or private financial gain, that person knowingly advertises, offers for sale, resale, or rental, or sells, resells, rents, distributes, or transports, or possesses for such purposes, a sound recording or audiovisual work, the label, cover, or jacket of which does not clearly and conspicuously disclose the true name and address of the manufacturer thereof.
(c) Nothing in this section shall be construed to prohibit:
(1) Any broadcaster who, in connection with, or as part of, a radio or television broadcast transmission, or for the purposes of archival preservation, transfers any sounds or images recorded on a sound recording or audiovisual work; or
(2) Any person who, in his own home, for his own personal use, and without deriving any commercial advantage or private financial gain, transfers any sounds or images recorded on a sound recording or audiovisual work.
(d)(1) Any person convicted of deceptive labeling involving less than 1,000 sound recordings or less than 100 audiovisual works during any 180-day period shall be fined not more than $10,000 or imprisoned for not more than 1 year, or both.
(2) Any person convicted of deceptive labeling involving 1,000 or more sound recordings or 100 or more audiovisual works during a 180-day period shall be fined not more than $50,000 or imprisoned for not more than 5 years, or both.
(e) Upon conviction under this section, the court shall, in addition to the penalties provided by this section, order the forfeiture and destruction or other disposition of all sound recordings, audiovisual works, and equipment used, or attempted to be used, in violation of this section.
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 114a, as addedOct. 31, 1995, D.C. Law 11-73, § 2(b), 42 DCR 3277.)
Current through April 16, 2013
|
DC ST § 22-3214.02
Formerly cited as DC ST 1981 § 22-3814.2 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 32. Theft; Fraud; Stolen Property; Forgery; and Extortion.
Subchapter II. Theft; Related Offenses. (Refs & Annos)
§ 22-3214.02. Unlawful operation of a recording device in a motion picture theater.
(a) For the purposes of this section, the term:
(1) “Motion picture theater” means a theater or other auditorium in which a motion picture is exhibited.
(2) “Recording device” means a photographic or video camera, audio or video recorder, or any other device not existing, or later developed, which may be used for recording sounds or images.
(b) A person commits the offense of unlawfully operating a recording device in a motion picture theater if, without authority or permission from the owner of a motion picture theater, or his or her agent, that person operates a recording device within the premises of a motion picture theater.
(c) Any person convicted of unlawfully operating a recording device in a motion picture theater shall be fined not more than $300 or imprisoned for not more than 90 days, or both.
(d) A theater owner, or an employee or agent of a theater owner, who detains or causes the arrest of a person in, or immediately adjacent to, a motion picture theater shall not be held liable for detention, false imprisonment, malicious prosecution, defamation, or false arrest in any proceeding arising out of such detention or arrest, if:
(1) The person detaining or causing the arrest had, at the time thereof, probable cause to believe that the person detained or arrested had committed, or attempted to commit, in that person's presence, an offense described in this section;
(2) The manner of the detention or arrest was reasonable;
(3) Law enforcement authorities were notified within a reasonable time; and
(4) The person detained or arrested was released within a reasonable time of the detention or arrest, or was surrendered to law enforcement authorities within a reasonable time.
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 114b, as addedOct. 31, 1995, D.C. Law 11-73, § 2(b), 42 DCR 3277.)
Current through April 16, 2013
|
DC ST § 22-3215
Formerly cited as DC ST 1981 § 22-3815 |
Effective: December 10, 2009
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 32. Theft; Fraud; Stolen Property; Forgery; and Extortion.
Subchapter II. Theft; Related Offenses. (Refs & Annos)
§ 22-3215. Unauthorized use of motor vehicles.
(a) For the purposes of this section, the term “motor vehicle” means any automobile, self-propelled mobile home, motorcycle, truck, truck tractor, truck tractor with semitrailer or trailer, or bus.
(b) A person commits the offense of unauthorized use of a motor vehicle under this subsection if, without the consent of the owner, the person takes, uses, or operates a motor vehicle, or causes a motor vehicle to be taken, used, or operated, for his or her own profit, use, or purpose.
(c)(1) A person commits the offense of unauthorized use of a motor vehicle under this subsection if, after renting, leasing, or using a motor vehicle under a written agreement which provides for the return of the motor vehicle to a particular place at a specified time, that person knowingly fails to return the motor vehicle to that place (or to any authorized agent of the party from whom the motor vehicle was obtained under the agreement) within 18 days after written demand is made for its return, if the conditions set forth in paragraph (2) of this subsection are met.
(2) The conditions referred to in paragraph (1) of this subsection are as follows:
(A) The written agreement under which the motor vehicle is obtained contains the following statement: “WARNING -- Failure to return this vehicle in accordance with the terms of this rental agreement may result in a criminal penalty of up to 3 years in jail”. This statement shall be printed clearly and conspicuously in a contrasting color, set off in a box, and signed by the person obtaining the motor vehicle in a space specially provided;
(B) There is displayed clearly and conspicuously on the dashboard of the motor vehicle the following notice: “NOTICE -- Failure to return this vehicle on time may result in serious criminal penalties”; and
(C) The party from whom the motor vehicle was obtained under the agreement makes a written demand for the return of the motor vehicle, either by actual delivery to the person who obtained the motor vehicle, or by deposit in the United States mail of a postpaid registered or certified letter, return receipt requested, addressed to the person at each address set forth in the written agreement or otherwise provided by the person. The written demand shall state clearly that failure to return the motor vehicle may result in prosecution for violation of the criminal law of the District of Columbia punishable by up to 3 years in jail. The written demand shall not be made prior to the date specified in the agreement for the return of the motor vehicle, except that, if the parties or their authorized agents have mutually agreed to some other date for the return of the motor vehicle, then the written demand shall not be made prior to the other date.
(3) This subsection shall not apply in the case of a motor vehicle obtained under a retail installation contract as defined in § 50-601(9).
(4) It shall be a defense in any criminal proceeding brought under this subsection that a person failed to return a motor vehicle for causes beyond his or her control. The burden of raising and going forward with the evidence with respect to such a defense shall be on the person asserting it. In any case in which such a defense is raised, evidence that the person obtained the motor vehicle by reason of any false statement or representation of material fact, including a false statement or representation regarding his or her name, residence, employment, or operator's license, shall be admissible to determine whether the failure to return the motor vehicle was for causes beyond his or her control.
(d)(1) Except as provided in paragraphs (2) and (3) of this subsection, a person convicted of unauthorized use of a motor vehicle under subsection (b) of this section shall be fined not more than $1,000, imprisoned for not more than 5 years, or both.
(2)(A) A person convicted of unauthorized use of a motor vehicle under subsection (b) of this section who took, used, or operated the motor vehicle, or caused the motor vehicle to be taken, used, or operated, during the course of or to facilitate a crime of violence, shall be:
(i) Fined not more than $10,000, imprisoned for not more than 10 years, or both, consecutive to the penalty imposed for the crime of violence; and
(ii) If serious bodily injury results, imprisoned for not less than 5 years, consecutive to the penalty imposed for the crime of violence.
(B) For the purposes of this paragraph, the term “crime of violence” shall have the same meaning as provided in § 23-1331(4).
(3)(A) A person convicted of unauthorized use of a motor vehicle under subsection (b) of this section who has 2 or more prior convictions for unauthorized use of a motor vehicle or theft in the first degree, not committed on the same occasion, shall be fined not less than $5,000 nor more than $15,000, or imprisoned for not less than 30 months nor more than 15 years, or both.
(B) For the purposes of this paragraph, a person shall be considered as having 2 prior convictions for unauthorized use of a motor vehicle or theft in the first degree if the person has been twice before convicted on separate occasions of:
(i) A prior violation of subsection (b) of this section or theft in the first degree;
(ii) A statute in one or more other jurisdictions prohibiting unauthorized use of a motor vehicle or theft in the first degree;
(iii) Conduct that would constitute a violation of subsection (b) of this section or a violation of theft in the first degree if committed in the District of Columbia; or
(iv) Conduct that is substantially similar to that prosecuted as a violation of subsection (b) of this section or theft in the first degree.
(4) A person convicted of unauthorized use of a motor vehicle under subsection (c) of this section shall be fined not more than $1,000, imprisoned for not more than 3 years, or both.
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 115, 29 DCR 3976; Mar. 10, 1983, D.C. Law 4-199, § 2, 30 DCR 119; Dec. 10, 2009, D.C. Law 18-88, § 214(e), 56 DCR 7413.)
Current through April 16, 2013
|
DC ST § 22-3216
Formerly cited as DC ST 1981 § 22-3816 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 32. Theft; Fraud; Stolen Property; Forgery; and Extortion.
Subchapter II. Theft; Related Offenses. (Refs & Annos)
§ 22-3216. Taking property without right.
A person commits the offense of taking property without right if that person takes and carries away the property of another without right to do so. A person convicted of taking property without right shall be fined not more than $300 or imprisoned for not more than 90 days, or both.
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 116, 29 DCR 3976.)
Current through April 16, 2013
|
DC ST § 22-3218.01 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 32. Theft; Fraud; Stolen Property; Forgery; and Extortion.
Subchapter II-A. Theft of Utility Service.
§ 22-3218.01. Definitions.
For the purposes of this subchapter, the term:
(1) “Company” means a person or enterprise engaged in the generation or distribution of natural gas or electricity.
(2) “Person” means any individual, corporation, company, association, firm, partnership, joint stock company, or other entity.
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 118, as addedJune 12, 2003, D.C. Law 14-310, § 15, 50 DCR 1092.)
Current through April 16, 2013
|
DC ST § 22-3218.02 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 32. Theft; Fraud; Stolen Property; Forgery; and Extortion.
Subchapter II-A. Theft of Utility Service.
§ 22-3218.02. Unlawful acts.
Unless a person shall be authorized, or employed by, a company engaged in the generation or distribution of natural gas or electricity, a person shall not willfully connect or disconnect an electrical conductor belonging to the company; make any connection with an electrical conductor for the purpose of using or wasting the electric current or gas; tamper with a meter used to register gas or current consumed; interfere with the operation of an electrical or gas appliance of the company; or tamper, or interfere, with the poles, wires, or conduits used by the company. Nothing in this section shall prevent the lawful governmental regulation of gas or electric companies or electricity suppliers, or their conductors, appliances, machinery, and poles.
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 118a, as addedJune 12, 2003, D.C. Law 14-310, § 15, 50 DCR 1092.)
Current through April 16, 2013
|
DC ST § 22-3218.03 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 32. Theft; Fraud; Stolen Property; Forgery; and Extortion.
Subchapter II-A. Theft of Utility Service.
§ 22-3218.03. Presumptions and rebuttal evidence.
(a) The presence of a connection, wire, conductor, meter alteration, or any device which effects the diversion of electric current or gas without the current or gas being measured or registered by or on a meter installed by a company engaged in the generation or distribution of electricity or natural gas, whether on a single property or within a multiple-unit building or complex, shall constitute prima facie evidence of intent to violate § 22-3218.02.
(b) If a check or test meter installed or employed by a company engaged in the generation or distribution of electricity or natural gas shows that a person is using a larger amount of electricity than is registered on the meter installed by the company on the person's premises for the purpose of registering the natural gas or electricity used by the person, and the company has verified that the meter is not malfunctioning, it shall constitute prima facie evidence that the unregistered current or gas has been wrongfully diverted by such person and shall constitute prima facie evidence of intent to violate § 22-3218.02.
(c) The presumptions created by this section may be rebutted by a preponderance of the evidence to the contrary that the person alleged to have violated § 22-3218a did not do so. If the person in actual possession of the property or unit has not received the direct benefit of the reduction of the cost in electric or gas services, the presumptions created by this section shall apply to the owner of the property or unit; provided, that the owner has received the direct benefit of unregistered services for at least one full billing cycle.
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 118b, as addedJune 12, 2003, D.C. Law 14-310, § 15, 50 DCR 1092.)
Current through April 16, 2013
|
DC ST § 22-3218.04 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 32. Theft; Fraud; Stolen Property; Forgery; and Extortion.
Subchapter II-A. Theft of Utility Service.
§ 22-3218.04. Penalties for violation.
(a) A person who violates § 22-3218.02 shall be guilty of a misdemeanor, and, upon a conviction, shall be imprisoned for not more than 60 days, or fined, not more than $500, or both. In the case of a second or subsequent conviction, a person who violates § 22-3218.02 shall be imprisoned for not more than 180 days, or fined, not more than $1,500, or both.
(b) In addition to the criminal penalties in subsection (a) of this section, a person who is found to have violated § 22-3218.02 in a civil proceeding shall be liable to the company using or engaged in the generation or distribution of electricity or gas for restitution of the amount of any losses or damage sustained.
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 118c, as addedJune 12, 2003, D.C. Law 14-310, § 15, 50 DCR 1092.)
Current through April 16, 2013
|
DC ST § 22-3221
Formerly cited as DC ST 1981 § 22-3821 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 32. Theft; Fraud; Stolen Property; Forgery; and Extortion.
Subchapter III. Fraud; Related Offenses.
§ 22-3221. Fraud.
(a) Fraud in the first degree. -- A person commits the offense of fraud in the first degree if that person engages in a scheme or systematic course of conduct with intent to defraud or to obtain property of another by means of a false or fraudulent pretense, representation, or promise and thereby obtains property of another or causes another to lose property.
(b) Fraud in the second degree. -- A person commits the offense of fraud in the second degree if that person engages in a scheme or systematic course of conduct with intent to defraud or to obtain property of another by means of a false or fraudulent pretense, representation, or promise.
(c) False promise as to future performance. -- Fraud may be committed by means of false promise as to future performance which the accused does not intend to perform or knows will not be performed. An intent or knowledge shall not be established by the fact alone that one such promise was not performed.
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 121, 29 DCR 3976.)
Current through April 16, 2013
|
DC ST § 22-3222
Formerly cited as DC ST 1981 § 22-3822 |
Effective: June 9, 2011
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 32. Theft; Fraud; Stolen Property; Forgery; and Extortion.
Subchapter III. Fraud; Related Offenses.
§ 22-3222. Penalties for fraud.
(a) Fraud in the first degree. -- (1) Any person convicted of fraud in the first degree shall be fined not more than $5,000 or 3 times the value of the property obtained or lost, whichever is greater, or imprisoned for not more than 10 years, or both, if the value of the property obtained or lost is $1,000 or more; and
(2) Any person convicted of fraud in the first degree shall be fined not more than $1,000 or imprisoned for not more than 180 days, or both, if the property obtained or lost has some value.
(b) Fraud in the second degree. -- (1) Any person convicted of fraud in the second degree shall be fined not more than $3,000 or 3 times the value of the property which was the object of the scheme or systematic course of conduct, whichever is greater, or imprisoned for not more than 3 years, or both, if the value of the property which was the object of the scheme or systematic course of conduct is $1,000 or more; and
(2) Any person convicted of fraud in the second degree shall be fined not more than $1,000 or imprisoned for not more than 180 days, or both, if the property that was the object of the scheme or systematic course of conduct has some value.
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 122, 29 DCR 3976; Aug. 20, 1994, D.C. Law 10-151, § 113(c), 41 DCR 2608; June 3, 2011, D.C. Law 18-377, § 12(a), 58 DCR 1174.)
Current through April 16, 2013
|
DC ST § 22-3223
Formerly cited as DC ST 1981 § 22-3823 |
Effective: December 10, 2009
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 32. Theft; Fraud; Stolen Property; Forgery; and Extortion.
Subchapter III. Fraud; Related Offenses.
§ 22-3223. Credit card fraud.
(a) For the purposes of this section, the term “credit card” means an instrument or device, whether known as a credit card, debit card, or by any other name, issued for use of the cardholder in obtaining or paying for property or services.
(b) A person commits the offense of credit card fraud if, with intent to defraud, that person obtains or pays for property or services by:
(1) Knowingly using a credit card, or the number or description thereof, which has been issued to another person without the consent of the person to whom it was issued;
(2) Knowingly using a credit card, or the number or description thereof, which has been revoked or cancelled;
(3) Knowingly using a falsified, mutilated, or altered credit card or number or description thereof;
(4) Representing that he or she is the holder of a credit card and the credit card had not in fact been issued; or
(5) Knowingly using for the employee's or contractor's own purposes a credit card, or the number on or description of the credit card, issued to or provided to an employee or contractor by or at the request of an employer for the employer's purposes.
(c) A credit card is deemed cancelled or revoked when notice in writing thereof has been received by the named holder as shown on the credit card or by the records of the issuer.
(d)(1) Except as provided in paragraph (2) of this subsection, any person convicted of credit card fraud shall be fined not more than $1,000, imprisoned for not more than 180 days, or both.
(2) Any person convicted of credit card fraud shall be fined not more than $5,000, imprisoned for not more than 10 years, or both, if the value of the property or services obtained or paid for is $1,000 or more.
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 123, 29 DCR 3976; Aug. 20, 1994, D.C. Law 10-151, § 113(d), 41 DCR 2608; Dec. 10, 2009, D.C. Law 18-88, § 214(f), 56 DCR 7413.)
Current through April 16, 2013
|
DC ST § 22-3224
Formerly cited as DC ST 1981 § 22-3824 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 32. Theft; Fraud; Stolen Property; Forgery; and Extortion.
Subchapter III. Fraud; Related Offenses.
§ 22-3224. Fraudulent registration.
(a) A person commits the offense of fraudulent registration if, with intent to defraud the proprietor or manager of a hotel, motel, or other establishment which provides lodging to transient guests, that person falsely registers under a name or address other than his or her actual name or address.
(b) Any person convicted of fraudulent registration shall be fined not more than $300 or imprisoned for not more than 90 days, or both.
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 124, 29 DCR 3976.)
Current through April 16, 2013
|
DC ST § 22-3224.01 |
Effective: December 10, 2009
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 32. Theft; Fraud; Stolen Property; Forgery; and Extortion.
Subchapter III. Fraud; Related Offenses.
§ 22-3224.01. Jurisdiction.
An offense under this subchapter shall be deemed to be committed in the District of Columbia, regardless of whether the offender is physically present in the District of Columbia, if:
(1) The person to whom a credit card was issued or in whose name the credit card was issued is a resident of, or located in, the District of Columbia;
(2) The person who was defrauded is a resident of, or located in, the District of Columbia at the time of the fraud;
(3) The loss occurred in the District of Columbia; or
(4) Any part of the offense takes place in the District of Columbia.
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 124a, as added Dec. 10, 2009, D.C. Law 18-88, § 214(g), 56 DCR 7413.)
Current through April 16, 2013
|
DC ST § 22-3225.01
Formerly cited as DC ST 1981 § 22-3825.1 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 32. Theft; Fraud; Stolen Property; Forgery; and Extortion.
Subchapter III-A. Insurance Fraud.
§ 22-3225.01. Definitions.
For the purposes of this subchapter, the term:
(1) “Business of insurance” means the writing of insurance or reinsuring the risks by an insurer, including acts necessary or incidental to writing insurance or reinsuring risks and the activities of persons who act as or are officers, directors, agents, or employees of insurers, or who are other persons authorized to act on their behalf.
(2) “Commissioner” means the Commissioner of the Department of Insurance, Securities, and Banking, the Commissioner's designee, or the Department of Insurance, Securities, and Banking.
(3) “District” means the District of Columbia.
(4) “Insurance” means a contract or arrangement in which one undertakes to:
(A) Pay or indemnify another as to loss from certain contingencies called “risks,” including through reinsurance;
(B) Pay or grant a specified amount or determinable benefit to another in connection with ascertainable risk contingencies;
(C) Pay an annuity to another; or
(D) Act as a surety.
(5) “Insurance professional” means insurance sales agents or managing general agents, insurance brokers, insurance producers, insurance adjusters, and insurance third party administrators.
(6) “Insurer” includes any company defined by § 31-4202 and § 31-2501.03, authorized to do the business of insurance in the District, a hospital and medical services corporation, a fraternal benefit society, or a health maintenance organization. The term “insurer” shall not apply to a Medicaid health maintenance organization.
(7) “Malice” means an intentional or deliberate infliction of injury, by furnishing or disclosing information with knowledge that the information is false, or furnishing or disclosing information with reckless disregard for a strong likelihood that the information is false and that injury will occur as a result.
(8) “Person” means a natural person, company, corporation, joint stock company, unincorporated association, partnership, professional corporation, trust, or any other entity or combination of the foregoing.
(9) “Practitioner” means a person, licensed to practice a profession or trade in the District, whose services are compensated either in whole or in part, directly or indirectly, by insurance proceeds.
(10) “Premium” means the money paid or payable as the consideration for coverage under an insurance policy.
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 125a, as addedApr. 27, 1999, D.C. Law 12-273, § 2, 46 DCR 1132; Mar. 27, 2003, D.C. Law 14-254, § 2(a), 50 DCR 233; June 18, 2003, D.C. Law 14-312, § 201, 50 DCR 306; June 11, 2004, D.C. Law 15-166, § 4(b)(1), 51 DCR 2817.)
Current through April 16, 2013
|
DC ST § 22-3225.02
Formerly cited as DC ST 1981 § 22-3825.2 |
Effective: June 9, 2011
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 32. Theft; Fraud; Stolen Property; Forgery; and Extortion.
Subchapter III-A. Insurance Fraud.
§ 22-3225.02. Insurance fraud in the first degree.
A person commits the offense of insurance fraud in the first degree if that person knowingly engages in the following conduct with the intent to defraud or to fraudulently obtain property of another and thereby obtains property of another or causes another to lose property and the value of the property obtained or lost is $1,000 or more:
(1) Presenting false information or knowingly conceals information regarding a material fact in any of the following transactions:
(A) Application for, rating of, or renewal of an insurance policy or reinsurance contract;
(B) Claim for payment or benefit pursuant to an insurance policy or reinsurance contract;
(C) Premiums paid on an insurance policy or reinsurance contract;
(D) Payment made in accordance with the terms of an insurance policy or reinsurance contract;
(E) Application used in a premium finance transaction;
(F) Solicitation for sale of an insurance policy;
(G) Application for a license or certificate of authority filed with the Commissioner or the chief insurance regulatory official of another jurisdiction;
(H) Financial statement or condition of any insurer or reinsurer;
(I) Acquisition, formation, merger, affiliation, reconsolidation, dissolution, or withdrawal from one or more lines of insurance or reinsurance in the District by an insurer or reinsurer;
(J) Issuance of written evidence of insurance; or
(K) Application for reinstatement of an insurance policy;
(2) Soliciting or accepting insurance or renewal of insurance by or for an insurer which the person knows is insolvent or has a strong likelihood of insolvency;
(3) Removal or tampering with the records of transaction, documentation, and other material assets of an insurer from the insurer or from the Department of Insurance and Securities Regulation;
(4) Diversion, misappropriation, conversion, or embezzlement of funds of an insurer, an insured, claimant or applicant regarding any of the following:
(A) Insurance transaction;
(B) Other insurance business activities by an insurer or insurance professional; or
(C) Acquisition, formation, merger, affiliation or dissolution of an insurer.
(5) Transaction of the business of insurance in violation of laws requiring a license, certificate of authority, or other legal authority for the transaction of the business of insurance; or
(6) Employing or using any other person or acting as the agent of any other person to procure a client, patient, or customer for the purpose of falsely or fraudulently obtaining benefits under a contract of insurance or asserting a false or fraudulent claim against an insured or insurer.
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 125b, as addedApr. 27, 1999, D.C. Law 12-273, § 2, 46 DCR 1132; July 25, 2006, D.C. Law 16-144, § 2(a), 53 DCR 2838; June 3, 2011, D.C. Law 18-377, § 12(b), 58 DCR 1174.)
Current through April 16, 2013
|
DC ST § 22-3225.03
Formerly cited as DC ST 1981 § 22-3825.3 |
Effective: June 9, 2011
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 32. Theft; Fraud; Stolen Property; Forgery; and Extortion.
Subchapter III-A. Insurance Fraud.
§ 22-3225.03. Insurance fraud in the second degree.
A person commits the offense of insurance fraud in the second degree if that person knowingly engages in conduct specified in § 22-3225.02 with the intent to defraud or to fraudulently obtain property of another and the value of the property which is sought to be obtained is $1,000 or more.
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 125c, as addedApr. 27, 1999, D.C. Law 12-273, § 2, 46 DCR 1132; July 25, 2006, D.C. Law 16-144, § 2(b), 53 DCR 2838; June 3, 2011, D.C. Law 18-377, § 12(c), 58 DCR 1174.)
Current through April 16, 2013
|
DC ST § 22-3225.03a |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 32. Theft; Fraud; Stolen Property; Forgery; and Extortion.
Subchapter III-A. Insurance Fraud.
§ 22-3225.03a. Misdemeanor insurance fraud.
A person commits the offense of misdemeanor insurance fraud if that person knowingly engages in conduct specified in § 22-3225.02 with the intent to defraud or to fraudulently obtain property of another.
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 125c-1, as added July 25, 2006, D.C. Law 16-144, § 2(c), 53 DCR 2838.)
Current through April 16, 2013
|
DC ST § 22-3225.04
Formerly cited as DC ST 1981 § 22-3825.4 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 32. Theft; Fraud; Stolen Property; Forgery; and Extortion.
Subchapter III-A. Insurance Fraud.
§ 22-3225.04. Penalties.
(a) Any person convicted of insurance fraud in the first degree shall be fined not more than $50,000 or imprisoned for not more than 15 years, or both.
(b)(1) Except as provided in paragraph (2) of this subsection, any person convicted of insurance fraud in the second degree shall be fined not more than $10,000 or imprisoned for not more than 5 years, or both.
(2) Any person convicted of insurance fraud in the second degree who has been convicted previously of insurance fraud pursuant to § 22-3225.02 or § 22-3225.03, or a felony conviction based on similar grounds in any other jurisdiction, shall be fined not more than $20,000 or imprisoned for not more than 10 years, or both.
(c) Any person convicted of misdemeanor insurance fraud shall be fined not more than $1,000 or imprisoned for not more than 180 days, or both.
(d) A person convicted of a felony violation of this subchapter shall be disqualified from engaging in the business of insurance, subject to 18 U.S.C. § 1033(e)(2).
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 125d, as addedApr. 27, 1999, D.C. Law 12-273, § 2, 46 DCR 1132; June 19, 2001, D.C. Law 13-313, § 12(a), 48 DCR 1873; July 25, 2006, D.C. Law 16-144, § 2(d), 53 DCR 2838.)
Current through April 16, 2013
|
DC ST § 22-3225.05
Formerly cited as DC ST 1981 § 22-3825.5 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 32. Theft; Fraud; Stolen Property; Forgery; and Extortion.
Subchapter III-A. Insurance Fraud.
§ 22-3225.05. Restitution.
(a) In addition to the penalties provided under § 22-3225.04, a person convicted under this subchapter shall make monetary restitution for any loss caused by the offense. The court shall determine the form and method of payment which, if by installment, shall not exceed 5 years.
(b) Any person, including the District, injured as the result of an insurance fraud in the first degree may bring suit in the appropriate court to recover ordinary damages including attorney's fees and other costs and punitive damages which shall not be less than $500 nor more than $50,000. Except where punitive damages are sought, the court shall award treble damages where the offense is proven by clear and convincing evidence to be in accordance with an established pattern or practice.
(c) Notwithstanding any action that may be brought by the United States Attorney's office to recoup its costs in prosecuting these cases, the Corporation Counsel may bring a civil suit against any person convicted under this subchapter in order to recover investigation and prosecution-related costs incurred by the District.
(d) A suit under subsection (b) of this section must be filed within 3 years of the act constituting the offense or within 3 years of the time the plaintiff discovered or with reasonable diligence could have discovered the act, whichever is later. This 3 year statute of limitations shall not apply to the District.
(e) Remedies provided in this section shall be exclusive and may not be claimed in conjunction with any other remedies available under the law.
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 125e, as addedApr. 27, 1999, D.C. Law 12-273, § 2, 46 DCR 1132; June 19, 2001, D.C. Law 13-313, § 12(b), 48 DCR 1873.)
Current through April 16, 2013
|
DC ST § 22-3225.06
Formerly cited as DC ST 1981 § 22-3825.6 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 32. Theft; Fraud; Stolen Property; Forgery; and Extortion.
Subchapter III-A. Insurance Fraud.
§ 22-3225.06. Indemnity.
An insurer shall not be liable for the following:
(1) Damages or restitution provided by this subchapter, either jointly, severably, or as a third party, for insurance fraud offense committed by an insured; or
(2) The defense of an insured or other person who is charged with insurance fraud.
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 125f, as addedApr. 27, 1999, D.C. Law 12-273, § 2, 46 DCR 1132.)
Current through April 16, 2013
|
DC ST § 22-3225.07
Formerly cited as DC ST 1981 § 22-3825.7 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 32. Theft; Fraud; Stolen Property; Forgery; and Extortion.
Subchapter III-A. Insurance Fraud.
§ 22-3225.07. Practitioners.
(a) Notwithstanding any other provisions of law, the offenses of insurance fraud in the first degree or the second degree shall be deemed a crime of moral turpitude for the purposes of professional or trade license.
(b) The Commissioner, court, or prosecutor shall notify the appropriate licensing authority, and the person who is injured by the offense may notify the appropriate licensing authority of any conviction.
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 125g, as addedApr. 27, 1999, D.C. Law 12-273, § 2, 46 DCR 1132; Mar. 27, 2003, D.C. Law 14-254, § 2(b), 50 DCR 233; July 25, 2006, D.C. Law 16-144, § 2(e), 53 DCR 2838.)
Current through April 16, 2013
|
DC ST § 22-3225.08
Formerly cited as DC ST 1981 § 22-3825.8 |
Effective: March 2, 2007
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 32. Theft; Fraud; Stolen Property; Forgery; and Extortion.
Subchapter III-A. Insurance Fraud.
§ 22-3225.08. Investigation and report of insurance fraud.
(a) Based upon a reasonable belief, an insurer, insurance professional, and any other pertinent person, shall report to the Metropolitan Police Department or the Department of Insurance, Securities, and Banking, actions that may constitute the commission of insurance fraud, and assist in the investigation of insurance fraud by reasonably providing information when required by an investigating authority.
(b) The Commissioner may investigate suspected fraudulent insurance acts and persons engaged in the business of insurance. Nothing in this subchapter shall preempt the authority or relieve the duty of other law enforcement or regulatory agencies to investigate, examine, and prosecute suspected violations of law.
(c) An insurer, insurance professional, or any other pertinent person who fails to reasonably assist the investigation of an insurance fraud or fails to report an insurance fraud, and who is injured by that insurance fraud, shall be estopped from receiving restitution as provided in § 22-3225.05.
(d) Any information, documentation, or other evidence provided under this section by an insurer, its employees, producers, or agents, or by any other person, to the Department of Insurance, Securities, and Banking, the Metropolitan Police Department, or any other law enforcement agency in connection with any investigation of suspected fraud is not subject to public inspection as long as the Commissioner or law enforcement agency deems the withholding to be necessary to complete an investigation of the suspected fraud or to protect the person or entity investigated from unwarranted injury.
(e) Repealed.
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 125h, as addedApr. 27, 1999, D.C. Law 12-273, § 2, 46 DCR 1132; Mar. 27, 2003, D.C. Law 14-254, § 2(c), 50 DCR 233; June 11, 2004, D.C. Law 15-166, § 4(b)(2), 51 DCR 2817; Mar. 2, 2007, D.C. Law 16-191, § 44(a), 53 DCR 6794.)
Current through April 16, 2013
|
DC ST § 22-3225.09
Formerly cited as DC ST 1981 § 22-3825.9 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 32. Theft; Fraud; Stolen Property; Forgery; and Extortion.
Subchapter III-A. Insurance Fraud.
§ 22-3225.09. Insurance fraud prevention and detection.
(a) Within 6 months of April 27, 1999, every insurer licensed in the District shall submit to the Department of Insurance and Securities Regulation, an insurance fraud prevention and detection plan (“plan”). The plan shall indicate specific procedures for the accomplishment of the following:
(1) Prevention, detection, and investigation of insurance fraud;
(2) Orientation of employees on insurance fraud prevention and detection;
(3) Employment of fraud investigators;
(4) Reporting of insurance fraud to the appropriate authorities; and
(5) Collection of restitution for financial loss caused by insurance fraud.
(b) The Commissioner may review the plan for compliance with this section and may order reasonable modification or request a summary of the plan. The Commissioner may establish by regulation a fine for an insurer failing to comply with the plan. The plan shall not be deemed a public record for the purposes of any public records or subchapter II of Chapter 5 of Title 2.
(c) Notwithstanding any other provisions of law, an insurer who fails to submit an insurance prevention and detection plan, or the warning provision required by subsection (d) of this section shall be subject to a fine of $500 per day, not to exceed $25,000.
(d) No later than 6 months after April 27, 1999, all insurance application forms and all claim forms shall contain a conspicuous warning in language the same or substantially similar to the following:
“WARNING:
It is a crime to provide false or misleading information to an insurer for the
purpose of defrauding the insurer or any other person. Penalties include
imprisonment and/
(e) None of the requirements of this section shall be deemed to apply to reinsurers, reinsurance contracts, reinsurance agreements, or reinsurance claims transactions.
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 125i, as addedApr. 27, 1999, D.C. Law 12-273, § 2, 46 DCR 1132.)
Current through April 16, 2013
|
DC ST § 22-3225.10
Formerly cited as DC ST 1981 § 22-3825.10 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 32. Theft; Fraud; Stolen Property; Forgery; and Extortion.
Subchapter III-A. Insurance Fraud.
§ 22-3225.10. Regulations.
The Commissioner may promulgate regulations deemed necessary by the Commissioner for the administration of this subchapter.
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 125j, as addedApr. 27, 1999, D.C. Law 12-273, § 2, 46 DCR 1132.)
Current through April 16, 2013
|
DC ST § 22-3225.11 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 32. Theft; Fraud; Stolen Property; Forgery; and Extortion.
Subchapter III-A. Insurance Fraud.
§ 22-3225.11. Limited law enforcement authority.
(a) The Commissioner shall have the power to issue and serve subpoenas, to compel witnesses to appear and testify, and to produce all books, records, papers, or documents in any insurance investigation or examination.
(b) Any willful false testimony by a witness before the Commissioner as to any material fact shall constitute perjury and shall be punished in the manner prescribed by law for such offense.
(c) If any witness having been personally summoned shall neglect or refuse to obey the subpoena issued pursuant to subsection (a) of this section, the Commissioner may, through the Corporation Counsel, report that fact to the Superior Court of the District of Columbia or one of the judges thereof and the Court, or any judge thereof, may compel obedience to the subpoena to the same extent as witnesses may be compelled to obey the subpoenas of the Court.
(d) The Commissioner may administer oaths to witnesses summoned in any investigation or examination as set forth in subsection (a) of this section.
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 125k, as addedMar. 27, 2003, D.C. Law 14-254, § 2(d), 50 DCR 233.)
Current through April 16, 2013
|
DC ST § 22-3225.12 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 32. Theft; Fraud; Stolen Property; Forgery; and Extortion.
Subchapter III-A. Insurance Fraud.
§ 22-3225.12. Annual anti-fraud activity reporting requirement.
Each insurer and health maintenance organization licensed in the District shall file an annual anti-fraud activity report on March 31st of each year with the Commissioner, which shall contain information about the special investigation unit's insurance fraud activities during the preceding calendar year. Annual anti-fraud activity reports filed with the Commissioner shall be kept confidential and shall not be subject to the disclosure requirements of subchapter II of Chapter 5 of Title 2.
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 125ll, as addedMar. 27, 2003, D.C. Law 14-254, § 2(d), 50 DCR 233.)
Current through April 16, 2013
|
DC ST § 22-3225.13 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 32. Theft; Fraud; Stolen Property; Forgery; and Extortion.
Subchapter III-A. Insurance Fraud.
§ 22-3225.13. Immunity.
No person shall be subject to civil liability or criminal prosecution for reporting any suspected insurance fraud if:
(1) The report was made to:
(A) The Department of Insurance, Securities, and Banking, the Metropolitan Police Department, or any other law enforcement authority; or
(B) Any insurer, insurance agent, or other person who collects, reviews, or analyzes information concerning insurance fraud; and
(2) The person or entity reporting the suspected fraud acted without malice when making the report.
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 125m, as added Mar. 27, 2003, D.C. Law 14-254, § 2(d), 50 DCR 233; June 11, 2004, D.C. Law 15-166, § 4(b)(3), 51 DCR 2817.)
Current through April 16, 2013
|
DC ST § 22-3225.14 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 32. Theft; Fraud; Stolen Property; Forgery; and Extortion.
Subchapter III-A. Insurance Fraud.
§ 22-3225.14. Prohibition of solicitation.
(a)(1) Except as provided in paragraph (2) of this subsection, it is unlawful for a practitioner, whether directly or through a paid intermediary, to solicit for financial gain a client, patient, or customer within 21 days of a motor vehicle accident with the intent to seek benefits under a contract of insurance or to assert a claim against an insured, a governmental entity, or an insurer on behalf of any person arising out of the accident.
(2) The prohibition in paragraph (1) of this subsection does not prohibit:
(A) A practitioner from soliciting a client, patient, or customer by regular mail through the U.S. Postal Service or through the use of general advertising directed to the public;
(B) A practitioner or his agents from contacting a potential client, patient, or customer, or a family member, friend, or coworker of the potential client, patient, or customer, where the practitioner has a preexisting business or personal relationship with the potential client, patient, or customer;
(C) A practitioner or his agents from contacting a potential client, patient, or customer where the contact was initiated by the potential client, patient, or customer, or by a family member, friend, or coworker of the potential client, patient or customer; or
(D) Providing advice and assistance to incarcerated persons in pursuing administrative remedies that may be a prerequisite to suit or in seeking appropriate medical care and treatment.
(b) Except as provided in subsection (a)(2) of this section, it is unlawful for a person to solicit for financial gain a client, patient, or customer within 21 days of a motor vehicle accident for the purpose of directing the client, patient, or customer to a practitioner.
(c) A person or practitioner found by clear and convincing evidence to have violated the provisions of this section shall be subject to a civil penalty of $1,000. The Mayor may increase this penalty by rulemaking.
(d)(1) If a person involved in an automobile accident, or his parent or guardian, executes, within 21 days of a motor vehicle accident, a release of liability, without the assistance or guidance of legal counsel, pursuant to the settlement of a claim for personal injury, that person or his parent or guardian may void the release; provided, that the insurance carrier or other settling party receives written notice of the intent to void the release within 14 days of the date that the release was executed, and the written notice is accompanied by any check or settlement proceeds related to the claim for personal injury that had been delivered to the claimant.
(2) A release of liability executed within 21 days of the accident giving rise to the claim of personal injury by a person who is not represented by counsel shall contain a notice of the claimant's right to rescind conspicuously and separately stated on the release.
(e) The provisions of this section are not severable.
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 125n, as added July 25, 2006, D.C. Law 16-144, § 2(f), 53 DCR 2838.)
Current through April 16, 2013
|
DC ST § 22-3225.15 |
Effective: December 10, 2009
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 32. Theft; Fraud; Stolen Property; Forgery; and Extortion.
Subchapter III-A. Insurance Fraud.
§ 22-3225.15. Jurisdiction.
An offense under this subchapter shall be deemed to be committed in the District of Columbia, regardless of whether the offender is physically present in the District of Columbia, if:
(1) The insured, insurer, claimant, or applicant is a resident of, or located in, the District of Columbia;
(2) A District of Columbia address is used on an application, policy, or claim for payment or benefit;
(3) The services for which a claim is made were provided or alleged to have been provided in the District of Columbia;
(4) Payment of a claim or benefit was made or was to be made to an address in the District of Columbia;
(5) The loss occurred or is alleged to have occurred in the District of Columbia; or
(6) Any part of the offense takes place in the District of Columbia.
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 125o, as added Dec. 10, 2009, D.C. Law 18-88, § 214(h), 56 DCR 7413.)
Current through April 16, 2013
|
DC ST § 22-3226.01 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 32. Theft; Fraud; Stolen Property; Forgery; and Extortion.
Subchapter III-B. Telephone Fraud.
§ 22-3226.01. Definitions.
For the purposes of this subchapter, the term:
(1) “Applicant” means any individual, sole proprietorship, partnership, association, cooperative, corporation, nonprofit organization, and any other organization required to register with the District to conduct telemarketing in the District of Columbia.
(2) “Certificate of registration” means a document issued by the District government showing that a named individual or business has registered as a telephone solicitor with the Mayor of the District of Columbia.
(3) “Consumer” means a person who is or may be required to pay for goods or services offered by a telephone solicitor through telemarketing.
(4) “Goods” or “services” means any real property or any tangible or intangible personal property or services of any kind provided or offered to a consumer.
(5) “Licensed securities, commodities or investment broker” means a licensed or registered securities, commodities or investment broker.
(6) “Seller” means any person, who, in connection with a telemarketing transaction, provides, offers to provide, or arranges for others to provide goods or services to the customer in exchange for consideration.
(7) “Telemarketing” means a plan, program or campaign which is conducted to induce the purchase of goods or services by use of one or more telephones. Telemarketing does not include a one-time or infrequent transaction unrelated to a pattern of repeated transactions. Telemarketing does not include a telephone call to a consumer:
(A) As a one-time or infrequent transaction unrelated to a pattern of repeated transactions;
(B) To provide information to a consumer and in which payment for the sale of good or services is not accepted in that telephone call;
(C) To administer an existing account or service an existing customer (including product safety recalls);
(D) To respond to a consumer's request; or
(E) In which payment for the sale of good or services is not accepted in that telephone call.
(8) “Telephone solicitor” means a person (acting himself or itself, or through an agent) who initiates a telephone call to a consumer in the District of Columbia as a part of a plan, program, or campaign which is conducted to induce the purchase of goods or services by the use of one or more telephones. A telephone solicitor does not include a person who initiates a telephone call to a consumer:
(A) As a one-time or infrequent transaction unrelated to a pattern of repeated transactions;
(B) To provide information to a consumer and in which payment for the sale of good or services is not accepted in that telephone call;
(C) To administer an existing account or service an existing customer (including product safety recalls);
(D) To respond to a consumer's request; or
(E) Does not accept payment for the sale of good or services in that telephone call.
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 126a, as addedJune 8, 2001, D.C. Law 13-301, § 102, 47 DCR 7039; Oct. 26, 2001, D.C. Law 14-42, § 18, 48 DCR 7612.)
Current through April 16, 2013
|
DC ST § 22-3226.02 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 32. Theft; Fraud; Stolen Property; Forgery; and Extortion.
Subchapter III-B. Telephone Fraud.
§ 22-3226.02. Application for a certificate of registration of telephone solicitor.
(a) No person shall transact any business as a telephone solicitor without first having obtained a certificate of registration from the Mayor.
(b) The application for certificate of registration shall be made at least 60 business days prior to offering for sale consumer goods or services by telephone.
(c) The Mayor shall provide an application form for the annual certificate of registration.
(d) The application for a certificate of registration as a telephone solicitor shall include, but not be limited to, the following information:
(1) The true name, current address, telephone number and location of the telephone solicitor and the telemarketing business, including each name and trade name under which the telephone solicitor intends to engage in telephone solicitations;
(2) Each occupation or business that the telemarketing business' principal owner or owners have engaged in for the 2 years immediately preceding the date of the application;
(3) Whether the applicant has been convicted or pled guilty to, or is being prosecuted by indictment for racketeering, violations of state or federal securities laws, or a theft offense;
(4) Whether there has been entered against the applicant an injunction, temporary restraining order or a final judgment in any civil or administrative action involving fraud, theft, racketeering, embezzlement, fraudulent conversion or misappropriation of property, including any pending litigation;
(5) Whether the applicant, at any time during the previous 7 years, has filed for bankruptcy, been adjudged bankrupt or been reorganized because of insolvency;
(6) The true name, mailing address, and date of birth of the following:
(A) Each seller or other person employed by the applicant;
(B) Each person participating in or responsible for the management of the applicant's business;
(C) Each person principally responsible for the management of the applicant's business; and
(7) The name and true address of a registered agent for service of process in the District of Columbia for the applicant's business.
(e) The Mayor shall serve as the registered agent if no registered agent is appointed or if the individual or organization named ceases to serve as the registered agent and no successor is appointed.
(f) The Mayor shall investigate the veracity of an application.
(g) The Mayor shall deny a certificate of registration when the Mayor determines that an application contains false information.
(h) The Mayor shall provide written notification to an applicant when an application has been denied.
(i) The Mayor shall notify the applicant in writing of the information that the Mayor finds to be false.
(j) No person may conduct telemarketing in the District of Columbia without having first obtained a certificate of registration.
(k) The Mayor shall either deny or grant an application within 30 days of the filing of an application.
(l) The Mayor may establish reasonable fees for filing of applications. The Mayor shall make available printed license application forms as well as electronic forms, which may be downloaded by computer.
(m) Certificates of registration issued in accordance with this subchapter shall be valid for one year. Prior to expiration of a certificate of registration, an applicant may obtain a new certificate by the filing of a new application.
(n) If any person has obtained a certificate of registration under false pretenses, including providing false information in an application, the certificate of registration shall be revoked and may be reinstated only upon proof of correction.
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 126b, as addedJune 8, 2001, D.C. Law 13-301, § 102, 47 DCR 7039.)
Current through April 16, 2013
|
DC ST § 22-3226.03 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 32. Theft; Fraud; Stolen Property; Forgery; and Extortion.
Subchapter III-B. Telephone Fraud.
§ 22-3226.03. Surety bond requirements for telephone solicitors.
(a) The application for registration or renewal shall be accompanied by a surety bond in the amount of $50,000. The bond shall provide for the indemnification of any person suffering a loss as the result a violation of this subchapter.
(b) The surety may terminate the bond upon giving a 60-day written notice to the principal and to the Mayor.
(c) Unless the bond is replaced by that of another surety before the expiration of the 60-day notice of cancellation, the registration of the principal shall be treated as lapsed.
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 126c, as addedJune 8, 2001, D.C. Law 13-301, § 102, 47 DCR 7039.)
Current through April 16, 2013
|
DC ST § 22-3226.04 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 32. Theft; Fraud; Stolen Property; Forgery; and Extortion.
Subchapter III-B. Telephone Fraud.
§ 22-3226.04. Security alternative to surety bonds.
(a) An applicant required under this subchapter to file a bond with a registration application may file with the Mayor, in lieu thereof, a certificate of deposit or government bond in the amount of $50,000.
(b) The Mayor shall hold the certificate of deposit or government bond for 3 years starting from the date the telemarketing business ceases to operate or the registration lapses in order to pay claims made against the telemarketing business during its period of operation after which time the Mayor shall return any remaining balance.
(c) The registration of the telemarketing business shall be treated as lapsed if, at any time, the amount of bond, cash, certificate of deposit or government bonds falls below the amount required by this section.
(d) The surety bond shall remain in effect for 3 years from the period the telemarketing business ceases to operate in the District.
(e) The aggregate liability of the surety company to all persons injured by a telephone solicitor's violations of this subchapter shall not exceed the amount of the bond.
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 126d, as addedJune 8, 2001, D.C. Law 13-301, § 102, 47 DCR 7039.)
Current through April 16, 2013
|
DC ST § 22-3226.05 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 32. Theft; Fraud; Stolen Property; Forgery; and Extortion.
Subchapter III-B. Telephone Fraud.
§ 22-3226.05. Exemptions.
(a) A telephone solicitor shall be exempt from the registration and bonding requirements of this subchapter if the telephone solicitor is engaged in any of the following activities:
(1) Telephone solicitation for religious or political purposes, or for a charitable or educational institution, or fundraising for other tax-exempt, nonprofit organizations;
(2) A home solicitation sale that involves a subsequent face to face meeting between the seller and the consumer;
(3) Sales by a licensed securities, commodities, investment broker, or investment advisor when soliciting over the telephone within the scope of the person's license;
(4) A solicitation for the sale of a newspaper of general circulation and other publications that have a predominantly editorial or news-related content;
(5) A solicitation for a sale regulated by the Commodities Futures Trading Commission;
(6) A solicitation for the sale of any goods whenever the person allows a 7-day review period and a full refund within 30 days after the return of such goods to the person;
(7) A solicitation by a financial institution, such as a bank, trust company, a saving and loan association, a credit union, a commercial and consumer finance lender, regulated by the United States government;
(8) A solicitation by an insurance company or other organization that is licensed or authorized to conduct business in the District of Columbia;
(9) A solicitation for the sale of cable television services operating under the authority of a governmental franchise or permit;
(10) Fundraising on behalf of a college or university or any other public or private educational institution;
(11) A solicitation for sales pursuant to a catalog that includes clear disclosure of sales prices, shipping, handling and other charges;
(12) A solicitation by a political subdivision or instrumentality of the United States or any state of the United States, or any public utility that is subject to regulation by the District of Columbia Public Service Commission;
(13) A solicitation by a person who is a licensed travel agent acting within the scope of the agent's license; or
(14) A solicitation by a person who is a licensed real estate broker within the scope of the broker's license.
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 126e, as addedJune 8, 2001, D.C. Law 13-301, § 102, 47 DCR 7039.)
Current through April 16, 2013
|
DC ST § 22-3226.06 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 32. Theft; Fraud; Stolen Property; Forgery; and Extortion.
Subchapter III-B. Telephone Fraud.
§ 22-3226.06. Unlawful acts and practices.
(a) A telephone solicitor commits the offense of telephone solicitation fraud when engaged in any one of the following:
(1) Fails to obtain or maintain a valid certificate of registration;
(2) Obtains a certificate of registration through any false or fraudulent pretence or representation in any registration application;
(3) Knowingly fails to have received written consent to use the name of a charitable organization;
(4) Knowingly misrepresents any of the following:
(A) The total cost of the goods or services that are the subject of the telephone solicitation sales call;
(B) Material restrictions, material limitations, or material conditions to the purchase of goods or services that are the subject of a telephone solicitation;
(C) Material aspects of the performance, efficacy, nature or characteristics of goods or services that are the subject of a telephone solicitation; or
(D) Material aspects of the nature of terms of the telephone solicitor's refund, cancellation, exchange or repurchase policies;
(5) Induces a consumer to purchase goods or services by means of a false or fraudulent pretense, representation or promise;
(6) Charges a consumer's checking or savings account without the consumer's express written authorization; or
(7)
Procures the services of any professional delivery, courier, or other pickup
service to obtain immediate receipt and/
(b) A person who violates any provision of this section shall be subject to the penalties provided in §§ 22-3226.09 and 22-3226.10.
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 126f, as addedJune 8, 2001, D.C. Law 13-301, § 102, 47 DCR 7039.)
Current through April 16, 2013
|
DC ST § 22-3226.07 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 32. Theft; Fraud; Stolen Property; Forgery; and Extortion.
Subchapter III-B. Telephone Fraud.
§ 22-3226.07. Deceptive acts and practices prohibited.
(a) It is a deceptive telemarketing act or practice for any seller or telephone solicitor to misrepresent any of the following material information:
(1) The total purchase cost to the consumer of the goods or services to be received;
(2) The true name of the telephone solicitor; or
(3) Material aspects of the quality or basic characteristics of the goods or services purchased.
(b) It is a deceptive telemarketing act or practice for any seller or telephone solicitor to misrepresent any material fact regarding the goods or services purchased that has a tendency to mislead.
(c) No person shall commit a deceptive telemarketing act or practice.
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 126g, as addedJune 8, 2001, D.C. Law 13-301, § 102, 47 DCR 7039.)
Current through April 16, 2013
|
DC ST § 22-3226.08 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 32. Theft; Fraud; Stolen Property; Forgery; and Extortion.
Subchapter III-B. Telephone Fraud.
§ 22-3226.08. Abusive telemarketing acts or practices.
It is an abusive telemarketing act or practice and violation of this subchapter for a seller or telephone solicitor to engage in the following conduct:
(1) Cause a telephone to ring more than 15 times in an intended telephone solicitation call;
(2) Initiate a telephone solicitation call to a consumer after the same consumer has expressly stated that he or she does not wish to receive solicitation calls from that seller; or
(3) Engage in telephone solicitation to a consumer's residence at any time before 8:00 a.m. and after 9:00 p.m., local time at the place of the consumer called.
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 126h, as addedJune 8, 2001, D.C. Law 13-301, § 102, 47 DCR 7039.)
Current through April 16, 2013
|
DC ST § 22-3226.09 |
Effective: April 24, 2007
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 32. Theft; Fraud; Stolen Property; Forgery; and Extortion.
Subchapter III-B. Telephone Fraud.
§ 22-3226.09. Civil penalties.
(a) The following penalties may be imposed in addition to those otherwise available at law:
(1) Any telephone solicitor who violates any provision of this subchapter may be fined up to $1,000 per violation.
(2) A permit or license shall be revoked or suspended if the seller or telephone solicitor fails to comply with the registration requirements of this subchapter.
(3) A judge may impose treble damages against any telephone solicitor who knowingly targets elderly persons or persons with disabilities.
(b) Fines shall be payable to the Fraud Prevention Fund established in § 22-3226.14.
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 126i, as addedJune 8, 2001, D.C. Law 13-301, § 102, 47 DCR 7039; Apr. 24, 2007, D.C. Law 16-305, § 36, 53 DCR 6198.)
Current through April 16, 2013
|
DC ST § 22-3226.10 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 32. Theft; Fraud; Stolen Property; Forgery; and Extortion.
Subchapter III-B. Telephone Fraud.
§ 22-3226.10. Criminal penalties.
Any telephone solicitor who violates § 22-3226.06 and obtains property thereby shall be guilty of the crime of telemarketing fraud, which is punishable as follows:
(1) If the amount of the transaction is valued at $20,000 or more, the seller or telephone solicitor shall upon conviction be guilty of a felony, and shall be subject to a fine of not more than $10,000 or imprisonment for not more than 4 years, or both.
(2) If the amount of the transaction is valued at less than $20,000 but more than $5,000, the seller or telephone solicitor shall upon conviction be guilty of a felony, and shall be subject to a fine of not more than $5,000 or imprisonment for not more than 3 years, or both.
(3) If the amount of the transaction is valued at less than $5,000 or less, the seller or telephone solicitor shall upon conviction be guilty of a misdemeanor and shall be subject to a fine of not more than $500 or imprisonment for not more than 6 months, or both.
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 126j, as addedJune 8, 2001, D.C. Law 13-301, § 102, 47 DCR 7039.)
Current through April 16, 2013
|
DC ST § 22-3226.11 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 32. Theft; Fraud; Stolen Property; Forgery; and Extortion.
Subchapter III-B. Telephone Fraud.
§ 22-3226.11. Private right of action.
(a) Any consumer injured as a result of a violation of § 22-3226.06, § 22-3226.07, or § 22-3226.08 may bring an action in the Superior Court of the District of Columbia to recover or obtain any of the following:
(1) A declaratory judgment;
(2) Injunctive relief;
(3) Reasonable attorney's fees and costs;
(4) Actual damages;
(5) Punitive damages; and
(6) Any other equitable relief which the court deems proper.
(b) Nothing in this subchapter shall prevent any consumer who is injured by any other trade practice from exercising any right or seeking any remedy to which the consumer might be entitled.
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 126k, as addedJune 8, 2001, D.C. Law 13-301, § 102, 47 DCR 7039.)
Current through April 16, 2013
|
DC ST § 22-3226.12 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 32. Theft; Fraud; Stolen Property; Forgery; and Extortion.
Subchapter III-B. Telephone Fraud.
§ 22-3226.12. Statute of limitations period.
Claims for damages or compensation under this subchapter shall be filed within 3 years of the time the seller or telephone solicitor initiated the solicitation telephone call.
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 126l, as addedJune 8, 2001, D.C. Law 13-301, § 102, 47 DCR 7039.)
Current through April 16, 2013
|
DC ST § 22-3226.13 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 32. Theft; Fraud; Stolen Property; Forgery; and Extortion.
Subchapter III-B. Telephone Fraud.
§ 22-3226.13. Task force to combat fraud.
(a) The Mayor shall form a task force for the following purposes:
(1) Collecting information on telephone fraud;
(2) Taking steps to educate the public about fraud, including telephone fraud;
(3) Sharing information related to telephone fraud with District government agencies;
(4) Sharing information related to telephone fraud with other state and federal law enforcement agencies; and
(5) Advising the Mayor on enforcement of the provisions of this subchapter.
(b) The task force may include representatives from the following agencies:
(1) Metropolitan Police Department;
(2) Department of Consumer and Regulatory Affairs;
(3) Office of Corporation Counsel; and
(4) Any other agency the Mayor deems appropriate.
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 126m, as addedJune 8, 2001, D.C. Law 13-301, § 102, 47 DCR 7039.)
Current through April 16, 2013
|
DC ST § 22-3226.14 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 32. Theft; Fraud; Stolen Property; Forgery; and Extortion.
Subchapter III-B. Telephone Fraud.
§ 22-3226.14. Fraud Prevention Fund.
(a) There is established a Fraud Prevention Fund (“Fund”). This Fund shall be nonlapsing. Monies in the Fund shall not be commingled with the General Fund, nor shall the operation of the Fund impose a burden or charge on the General Fund.
(b) Monies in the Fund shall consist of fines paid pursuant to this subchapter.
(c) Monies from this fund may be used for the purposes of educating the public regarding fraud and crime prevention, supporting the task force to combat fraud, and enforcing this subchapter.
(d) The District of Columbia Auditor shall perform an annual audit of the Fraud Prevention Fund.
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 126n, as addedJune 8, 2001, D.C. Law 13-301, § 102, 47 DCR 7039.)
Current through April 16, 2013
|
DC ST § 22-3226.15 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 32. Theft; Fraud; Stolen Property; Forgery; and Extortion.
Subchapter III-B. Telephone Fraud.
§ 22-3226.15. General disclosures.
(a) Within the first 30 seconds of a telephone call, the telephone solicitor shall identify himself or herself by stating his or her true name, the company on whose behalf the solicitation is being made, and the goods or services to be sold.
(b) Any person who violates this section shall be subject to civil penalties pursuant to § 22-3226.09.
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 126o, as addedJune 8, 2001, D.C. Law 13-301, § 102, 47 DCR 7039.)
Current through April 16, 2013
|
DC ST § 22-3227.01 |
Effective: December 10, 2009
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 32. Theft; Fraud; Stolen Property; Forgery; and Extortion.
Subchapter III-C. Identity Theft.
§ 22-3227.01. Definitions.
For the purposes of this subchapter, the term:
(1) “Financial injury” means all monetary costs, debts, or obligations incurred by a person as a result of another person obtaining, creating, possessing, or using that person's personal identifying information in violation of this subchapter, including, but not limited to:
(A) The costs of clearing the person's credit rating, credit history, criminal record, or any other official record, including attorney fees;
(B) The expenses related to any civil or administrative proceeding to satisfy or contest a debt, lien, judgment, or other obligation of the person that arose as a result of the violation of this subchapter, including attorney fees;
(C) The costs of repairing or replacing damaged or stolen property;
(D) Lost time or wages, or any similar monetary benefit forgone while the person is seeking redress for damages resulting from a violation of this subchapter; and
(E) Lost time, wages, and benefits, other losses sustained, legal fees, and other expenses incurred as a result of the use, without permission, of one's personal identifying information by another as prohibited by § 22-3227.02.
(2) Repealed.
(3) “Personal identifying information” includes, but is not limited to, the following:
(A) Name, address, telephone number, date of birth, or mother's maiden name;
(B) Driver's license or driver's license number, or non-driver's license or non-driver's license number;
(C) Savings, checking, or other financial account number;
(D) Social security number or tax identification number;
(E) Passport or passport number;
(F) Citizenship status, visa, or alien registration card or number;
(G) Birth certificate or a facsimile of a birth certificate;
(H) Credit or debit card, or credit or debit card number;
(I) Credit history or credit rating;
(J) Signature;
(K) Personal identification number, electronic identification number, password, access code or device, electronic address, electronic identification number, routing information or code, digital signature, or telecommunication identifying information;
(L) Biometric data, such as fingerprint, voice print, retina or iris image, or other unique physical representation;
(M) Place of employment, employment history, or employee identification number; and
(N) Any other numbers or information that can be used to access a person's financial resources, access medical information, obtain identification, act as identification, or obtain property.
(4) “Property” shall have the same meaning as provided in § 22-3201(3) and shall include credit.
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 127a, as addedMar. 27, 2004, D.C. Law 15-106, § 2(c), 50 DCR 9809; Dec. 10, 2009, D.C. Law 18-88, § 214(i), 56 DCR 7413.)
Current through April 16, 2013
|
DC ST § 22-3227.02 |
Effective: December 10, 2009
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 32. Theft; Fraud; Stolen Property; Forgery; and Extortion.
Subchapter III-C. Identity Theft.
§ 22-3227.02. Identity theft.
A person commits the offense of identity theft if that person knowingly:
(1) Uses personal identifying information belonging to or pertaining to another person to obtain, or attempt to obtain, property fraudulently and without that person's consent;
(2) Obtains, creates, or possesses personal identifying information belonging to or pertaining to another person with the intent to:
(A) Use the information to obtain, or attempt to obtain, property fraudulently and without that person's consent; or
(B) Give, sell, transmit, or transfer the information to a third person to facilitate the use of the information by that third person to obtain, or attempt to obtain, property fraudulently and without that person's consent; or
(3) Uses personal identifying information belonging to or pertaining to another person, without that person's consent, to:
(A) Identify himself or herself at the time of his or her arrest;
(B) Facilitate or conceal his or her commission of a crime; or
(C) Avoid detection, apprehension, or prosecution for a crime.
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 127b, as addedMar. 27, 2004, D.C. Law 15-106, § 2(c), 50 DCR 9809; Dec. 10, 2009, D.C. Law 18-88, § 214(j), 56 DCR 7413.)
Current through April 16, 2013
|
DC ST § 22-3227.03 |
Effective: June 9, 2011
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 32. Theft; Fraud; Stolen Property; Forgery; and Extortion.
Subchapter III-C. Identity Theft.
§ 22-3227.03. Penalties for identity theft.
(a) Identity theft in the first degree. -- Any person convicted of identity theft shall be fined not more than (1) $10,000, (2) 3 times the value of the property obtained or (3) 3 times the amount of the financial injury, whichever is greatest, or imprisoned for not more than 10 years, or both, if the property obtained, or attempted to be obtained, or the amount of the financial injury is $1,000 or more.
(b) Identity theft in the second degree. -- Any person convicted of identity theft shall be fined not more than $1,000 or imprisoned for not more than 180 days, or both, if the property obtained, or attempted to be obtained, or the amount of the financial injury, has some value, or if another person is falsely accused of, or arrested for, committing a crime because of the use, without permission, of that person's personal identifying information.
(c)
Enhanced
penalty.
-- Any person who commits the offense of identity theft against an individual
who is 65 years of age or older, at the time of the offense, may be punished by
a fine of up to 1 1/
(1) Reasonably believed that the victim was not 65 years of age or older at the time of the offense; or
(2) Could not have determined the age of the victim because of the manner in which the offense was committed.
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 127c, as addedMar. 27, 2004, D.C. Law 15-106, § 2(c), 50 DCR 9809; Apr. 24, 2007, D.C. Law 16-306, § 218, 53 DCR 8610; Dec. 10, 2009, D.C. Law 18-88, § 214(k), 56 DCR 7413; June 3, 2011, D.C. Law 18-377, § 12(d), 58 DCR 1174.)
Current through April 16, 2013
|
DC ST § 22-3227.04 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 32. Theft; Fraud; Stolen Property; Forgery; and Extortion.
Subchapter III-C. Identity Theft.
§ 22-3227.04. Restitution.
When a person is convicted of identity theft, the court may, in addition to any other applicable penalty, order restitution for the full amount of financial injury.
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 127d, as addedMar. 27, 2004, D.C. Law 15-106, § 2(c), 50 DCR 9809.)
Current through April 16, 2013
|
DC ST § 22-3227.05 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 32. Theft; Fraud; Stolen Property; Forgery; and Extortion.
Subchapter III-C. Identity Theft.
§ 22-3227.05. Correction of public records.
(a) When a person is convicted, adjudicated delinquent, or found not guilty by reason of insanity of identity theft, the court may issue such orders as are necessary to correct any District of Columbia public record that contains false information as a result of a violation of this subchapter.
(b) In all other cases, a person who alleges that he or she is a victim of identity theft may petition the court for an expedited judicial determination that a District of Columbia public record contains false information as a result of a violation of this subchapter. Upon a finding of clear and convincing evidence that the person was a victim of identity theft, the court may issue such orders as are necessary to correct any District of Columbia public record that contains false information as a result of a violation of this subchapter.
(c) Notwithstanding any other provision of law, District of Columbia agencies shall comply with orders issued under subsection (a) of this section within 30 days of issuance of the order.
(d) For the purposes of this section, the term “District of Columbia public record” means any document, book, photographic image, electronic data recording, paper, sound recording, or other material, regardless of physical form or characteristic, made or received pursuant to law or in connection with the transaction of public business by any officer or employee of the District of Columbia.
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 127e, as addedMar. 27, 2004, D.C. Law 15-106, § 2(c), 50 DCR 9809.)
Current through April 16, 2013
|
DC ST § 22-3227.06 |
Effective: December 10, 2009
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 32. Theft; Fraud; Stolen Property; Forgery; and Extortion.
Subchapter III-C. Identity Theft.
§ 22-3227.06. Jurisdiction.
The offense of identity theft shall be deemed to be committed in the District of Columbia, regardless of whether the offender is physically present in the District of Columbia, if:
(1) The person whose personal identifying information is improperly obtained, created, possessed, or used is a resident of, or located in, the District of Columbia; or
(2) Any part of the offense takes place in the District of Columbia.
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 127f, as addedMar. 27, 2004, D.C. Law 15-106, § 2(c), 50 DCR 9809; Dec. 10, 2009, D.C. Law 18-88, § 214(l), 56 DCR 7413.)
Current through April 16, 2013
|
DC ST § 22-3227.07 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 32. Theft; Fraud; Stolen Property; Forgery; and Extortion.
Subchapter III-C. Identity Theft.
§ 22-3227.07. Limitations.
Obtaining, creating, possessing, and using a person's personal identifying information in violation of this subchapter shall constitute a single scheme or course of conduct, and the applicable period of limitation under § 23-113 shall not begin to run until after the scheme or course of conduct has been completed or terminated.
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 127g, as addedMar. 27, 2004, D.C. Law 15-106, § 2(c), 50 DCR 9809.)
Current through April 16, 2013
|
DC ST § 22-3227.08 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 32. Theft; Fraud; Stolen Property; Forgery; and Extortion.
Subchapter III-C. Identity Theft.
§ 22-3227.08. Police reports
The Metropolitan Police Department shall make a report of each complaint of identity theft and provide the complainant with a copy of the report.
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 127h, as addedMar. 27, 2004, D.C. Law 15-106, § 2(c), 50 DCR 9809.)
Current through April 16, 2013
|
DC ST § 22-3231
Formerly cited as DC ST 1981 § 22-3831 |
Effective: April 20, 2012
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 32. Theft; Fraud; Stolen Property; Forgery; and Extortion.
Subchapter IV. Stolen Property.
§ 22-3231. Trafficking in stolen property.
(a) For the purposes of this section, the term “traffics” means:
(1) To sell, pledge, transfer, distribute, dispense, or otherwise dispose of property to another person as consideration for anything of value; or
(2) To buy, receive, possess, or obtain control of property with intent to do any of the acts set forth in paragraph (1) of this subsection.
(b) A person commits the offense of trafficking in stolen property if, on 2 or more separate occasions, that person traffics in stolen property, knowing or having reason to believe that the property has been stolen.
(c) It shall not be a defense to a prosecution under this section, alone or in conjunction with § 22-1803, that the property was not in fact stolen, if the accused engages in conduct which would constitute the crime if the attendant circumstances were as the accused believed them to be.
(d) Any person convicted of trafficking in stolen property shall be fined not more than $10,000 or imprisoned for not more than 10 years, or both.
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 131, 29 DCR 3976; Apr. 20, 2012, D.C. Law 19-120, § 101(b), 58 DCR 11235.)
Current through April 16, 2013
|
DC ST § 22-3232
Formerly cited as DC ST 1981 § 22-3832 |
Effective: April 20, 2012
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 32. Theft; Fraud; Stolen Property; Forgery; and Extortion.
Subchapter IV. Stolen Property.
§ 22-3232. Receiving stolen property.
(a) A person commits the offense of receiving stolen property if that person buys, receives, possesses, or obtains control of stolen property, knowing or having reason to believe that the property was stolen.
(b) It shall not be a defense to a prosecution under this section, alone or in conjunction with § 22-1803, that the property was not in fact stolen, if the accused engages in conduct which would constitute the crime if the attendant circumstances were as the accused believed them to be.
(c)(1) Any person convicted of receiving stolen property shall be fined not more than $5,000 or imprisoned not more than 7 years, or both, if the value of the stolen property is $1,000 or more.
(2) Any person convicted of receiving stolen property shall be fined not more than $1,000 or imprisoned not more than 180 days, or both, if the stolen property has some value.
(d) For the purposes of this section, the term “stolen property” includes property that is not in fact stolen if the person who buys, receives, possesses, or obtains control of the property had reason to believe that the property was stolen.
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 132, 29 DCR 3976; Aug. 20, 1994, D.C. Law 10-151, § 113(f), 41 DCR 2608; June 3, 2011, D.C. Law 18-377, § 12(e), 58 DCR 1174; Apr. 20, 2012, D.C. Law 19-120, § 101(c), 58 DCR 11235.)
Current through April 16, 2013
|
DC ST § 22-3233 |
Effective: June 9, 2011
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 32. Theft; Fraud; Stolen Property; Forgery; and Extortion.
Subchapter IV. Stolen Property.
§ 22-3233. Altering or removing motor vehicle identification numbers.
(a) It is unlawful for a person to knowingly remove, obliterate, tamper with, or alter any identification number on a motor vehicle or a motor vehicle part.
(b)(1) Any person who violates subsection (a) of this section shall be guilty of a misdemeanor and, upon conviction, shall be imprisoned for not more than 180 days, or fined not more than $1,000, or both.
(2) Any person who violates subsection (a) of this section shall be guilty of a felony if the value of the motor vehicle or motor vehicle part is $1,000 or more and, upon conviction, shall be imprisoned for not more than 5 years, or fined not more than $5000, or both.
(c) For the purposes of this section, the term:
(1) “Identification number” means a number or symbol that is originally inscribed or affixed by the manufacturer to a motor vehicle or motor vehicle part for purposes of identification.
(2) “Motor vehicle” means any automobile, self-propelled mobile home, motorcycle, motor scooter, truck, truck tractor, truck semi trailer, truck trailer, bus, or other vehicle propelled by an internal-combustion engine, electricity, or steam, including any non-operational vehicle that is being restored or repaired.
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 133, as addedApr. 24, 2007, D.C. Law 16-306, § 217, 53 DCR 8610; June 3, 2011, D.C. Law 18-377, § 12(f), 58 DCR 1174.)
Current through April 16, 2013
|
DC ST § 22-3234 |
Effective: May 1, 2008
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 32. Theft; Fraud; Stolen Property; Forgery; and Extortion.
Subchapter IV. Stolen Property.
§ 22-3234. Altering or removing bicycle identification numbers.
(a) It is unlawful for a person to knowingly remove, obliterate, tamper with, or alter any identification number on a bicycle or bicycle part.
(b) Any person who violates subsection (a) of this section shall be guilty of a misdemeanor and, upon conviction, shall be imprisoned for not more than 180 days, or fined not more than $1,000, or both.
(c) For the purposes of this section, the term:
(1) “Bicycle” shall have the same meaning as provided in § 50-1609(1).
(2) “Identification number” shall have the same meaning as provided in § 50-1609(1A).
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 134, as addedMay 1, 2008, D.C. Law 17-149, § 3, 55 DCR 1272.)
Current through April 16, 2013
|
DC ST § 22-3241
Formerly cited as DC ST 1981 § 22-3841 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 32. Theft; Fraud; Stolen Property; Forgery; and Extortion.
Subchapter V. Forgery.
§ 22-3241. Forgery.
(a) For the purposes of this subchapter, the term:
(1) “Forged written instrument” means any written instrument that purports to be genuine but which is not because it:
(A) Has been falsely made, altered, signed, or endorsed;
(B) Contains a false addition or insertion; or
(C) Is a combination of parts of 2 or more genuine written instruments.
(2) “Utter” means to issue, authenticate, transfer, publish, sell, deliver, transmit, present, display, use, or certify.
(3) “Written instrument” includes, but is not limited to, any:
(A) Security, bill of lading, document of title, draft, check, certificate of deposit, and letter of credit, as defined in Title 28;
(B) Stamp, legal tender, or other obligation of any domestic or foreign governmental entity;
(C) Stock certificate, money order, money order blank, traveler's check, evidence of indebtedness, certificate of interest or participation in any profitsharing agreement, transferable share, investment contract, voting trust certificate, certification of interest in any tangible or intangible property, and any certificate or receipt for or warrant or right to subscribe to or purchase any of the foregoing items;
(D) Commercial paper or document, or any other commercial instrument containing written or printed matter or the equivalent; or
(E) Other instrument commonly known as a security or so defined by an Act of Congress or a provision of the District of Columbia Official Code.
(b) A person commits the offense of forgery if that person makes, draws, or utters a forged written instrument with intent to defraud or injure another.
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 141, 29 DCR 3976.)
Current through April 16, 2013
|
DC ST § 22-3242
Formerly cited as DC ST 1981 § 22-3842 |
Effective: June 9, 2011
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 32. Theft; Fraud; Stolen Property; Forgery; and Extortion.
Subchapter V. Forgery.
§ 22-3242. Penalties for forgery.
(a) Any person convicted of forgery shall be fined not more than $10,000 or imprisoned for not more than 10 years, or both, if the written instrument purports to be:
(1) A stamp, legal tender, bond, check, or other valuable instrument issued by a domestic or foreign government or governmental instrumentality;
(2) A stock certificate, bond, or other instrument representing an interest in or claim against a corporation or other organization of its property;
(3) A public record, or instrument filed in a public office or with a public servant;
(4) A written instrument officially issued or created by a public office, public servant, or government instrumentality;
(5) A check which upon its face appears to be a payroll check;
(6) A deed, will, codicil, contract, assignment, commercial instrument, or other instrument which does or may evidence, create, transfer, terminate, or otherwise affect a legal right, interest, obligation, or status; or
(7) A written instrument having a value of $10,000 or more.
(b) Any person convicted of forgery shall be fined not more than $5,000 or imprisoned for not more than 5 years, or both, if the written instrument is or purports to be:
(1) A token, fare card, public transportation transfer certificate, or other article manufactured for use as a symbol of value in place of money for the purchase of property or services;
(2) A prescription of a duly licensed physician or other person authorized to issue the same for any controlled substance or other instrument or devices used in the taking or administering of controlled substances for which a prescription is required by law; or
(3) A written instrument having a value of $1,000 or more.
(c) Any person convicted of forgery shall be fined not more than $2,500 or imprisoned for not more than 3 years, or both, in any other case.
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 142, 29 DCR 3976; June 3, 2011, D.C. Law 18-377, § 12(g), 58 DCR 1174.)
Current through April 16, 2013
|
DC ST § 22-3251
Formerly cited as DC ST 1981 § 22-3851 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 32. Theft; Fraud; Stolen Property; Forgery; and Extortion.
Subchapter VI. Extortion.
§ 22-3251. Extortion.
(a) A person commits the offense of extortion if:
(1) That person obtains or attempts to obtain the property of another with the other's consent which was induced by wrongful use of actual or threatened force or violence or by wrongful threat of economic injury; or
(2) That person obtains or attempts to obtain property of another with the other's consent which was obtained under color or pretense of official right.
(b) Any person convicted of extortion shall be fined not more than $10,000 or imprisoned for not more than 10 years, or both.
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 151, 29 DCR 3976.)
Current through April 16, 2013
|
DC ST § 22-3252
Formerly cited as DC ST 1981 § 22-3852 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 32. Theft; Fraud; Stolen Property; Forgery; and Extortion.
Subchapter VI. Extortion.
§ 22-3252. Blackmail.
(a) A person commits the offense of blackmail, if, with intent to obtain property of another or to cause another to do or refrain from doing any act, that person threatens:
(1) To accuse any person of a crime;
(2) To expose a secret or publicize an asserted fact, whether true or false, tending to subject any person to hatred, contempt, or ridicule; or
(3) To impair the reputation of any person, including a deceased person.
(b) Any person convicted of blackmail shall be fined not more than $1,000 or imprisoned for not more than 5 years, or both.
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 152, 29 DCR 3976.)
Current through April 16, 2013
|
DC ST § 22-3301
Formerly cited as DC ST 1981 § 22-3101 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 33. Trespass; Injuries to Property.
§ 22-3301. Forcible entry and detainer.
Whoever shall forcibly enter upon any premises, or, having entered without force, shall unlawfully detain the same by force against any person previously in the peaceable possession of the same and claiming right thereto, shall be punished by imprisonment for not more than 1 year or a fine of not more than $100, or both.
CREDIT(S)
(Mar. 3, 1901, 31 Stat. 1327, ch. 854, § 851.)
Current through April 16, 2013
|
DC ST § 22-3302
Formerly cited as DC ST 1981 § 22-3102 |
Effective: December 10, 2009
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 33. Trespass; Injuries to Property.
§ 22-3302. Unlawful entry on property.
(a)(1) Any person who, without lawful authority, shall enter, or attempt to enter, any private dwelling, building, or other property, or part of such dwelling, building, or other property, against the will of the lawful occupant or of the person lawfully in charge thereof, or being therein or thereon, without lawful authority to remain therein or thereon shall refuse to quit the same on the demand of the lawful occupant, or of the person lawfully in charge thereof, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not more than $1,000, imprisonment for not more than 180 days, or both. The presence of a person in any private dwelling, building, or other property that is otherwise vacant and boarded-up or otherwise secured in a manner that conveys that it is vacant and not to be entered, or displays a no trespassing sign, shall be prima facie evidence that any person found in such property has entered against the will of the person in legal possession of the property.
(2) For the purposes of this subsection, the term “private dwelling” includes a privately owned house, apartment, condominium, or any building used as living quarters, or cooperative or public housing, as defined in section 3(1) of the United States Housing Act of 1937, approved August 22, 1974 (88 Stat. 654; 42 U.S.C. § 1437a(b)), the development or administration of which is assisted by the Department of Housing and Urban Development, or housing that is owned, operated, or financially assisted by the District of Columbia Housing Authority.
(b) Any person who, without lawful authority, shall enter, or attempt to enter, any public building, or other property, or part of such building, or other property, against the will of the lawful occupant or of the person lawfully in charge thereof or his or her agent, or being therein or thereon, without lawful authority to remain therein or thereon shall refuse to quit the same on the demand of the lawful occupant, or of the person lawfully in charge thereof or his or her agent, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not more than $1,000, imprisonment for not more than 6 months, or both.
CREDIT(S)
(Mar. 3, 1901, 31 Stat. 1324, ch. 854, § 824; Mar. 4, 1935, 49 Stat. 37, ch. 23; July 17, 1952, 66 Stat. 766, ch. 941, § 1; Apr. 24, 2007, D.C. Law 16-306, § 219, 53 DCR 8610; Dec. 10, 2009, D.C. Law 18-88, § 215, 56 DCR 7413.)
Current through April 16, 2013
|
DC ST § 22-3303
Formerly cited as DC ST 1981 § 22-3103 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 33. Trespass; Injuries to Property.
§ 22-3303. Grave robbery; buying or selling dead bodies.
Whoever, without legal authority or without the consent of the nearest surviving relative, shall disturb or remove any dead body from a grave for the purpose of dissecting, or of buying, selling, or in any way trafficking in the same, shall be imprisoned not less than 1 year nor more than 3 years.
CREDIT(S)
(Mar. 3, 1901, 31 Stat. 1334, ch. 854, § 891.)
Current through April 16, 2013
|
DC ST § 22-3304
Formerly cited as DC ST 1981 § 22-3104 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 33. Trespass; Injuries to Property.
§ 22-3304. Depredation of fixtures in houses. [Repealed]
CREDIT(S)
(Mar. 3, 1901, 31 Stat. 1324, ch. 854, § 825; Apr. 29, 2004, D.C. Law 15-154, § 3(k), 50 DCR 10996.)
Current through April 16, 2013
|
DC ST § 22-3305
Formerly cited as DC ST 1981 § 22-3105 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 33. Trespass; Injuries to Property.
§ 22-3305. Placing explosives with intent to destroy or injure property.
Whoever places, or causes to be placed, in, upon, under, against, or near to any building, car, vessel, monument, statue, or structure, gunpowder or any explosive substance of any kind whatsoever, with intent to destroy, throw down, or injure the whole or any part thereof, although no damage is done, shall be punished by a fine not exceeding $1,000 and by imprisonment for not less than 2 years or more than 10 years.
CREDIT(S)
(Mar. 3, 1901, ch. 854, § 825a; Mar. 3, 1905, 33 Stat. 1033, ch. 1461; Dec. 27, 1967, 81 Stat. 739, Pub. L. 90-226, title VI, § 607.)
Current through April 16, 2013
|
DC ST § 22-3306
Formerly cited as DC ST 1981 § 22-3106 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 33. Trespass; Injuries to Property.
§ 22-3306. Defacing books, manuscripts, publications, or works of art.
Any person who shall wrongfully deface, injure, or mutilate, tear, or destroy any book, pamphlet, or manuscript, or any portion thereof belonging to the Library of Congress, or to any public library in the District of Columbia, whether the property of the United States or of the District of Columbia or of any individual or corporation in said District, or who shall wrongfully deface, injure, mutilate, tear, or destroy any book, pamphlet, document, manuscript, public record, print, engraving, medal, newspaper, or work of art, the property of the United States or of the District of Columbia, shall be held guilty of a misdemeanor, and, on conviction thereof, shall, when the offense is not otherwise punishable by some statute of the United States, be punished by a fine of not less than $10 nor more than $1,000, and by imprisonment for not less than 1 month nor more than 180 days, or both, for every such offense.
CREDIT(S)
(Mar. 3, 1901, 31 Stat. 1327, ch. 854, § 849; June 30, 1902, 32 Stat. 535, ch. 1329; Dec. 1, 1982, D.C. Law 4-164, § 601(d), 29 DCR 3976; Sept. 5, 1985, D.C. Law 6-19, § 14(b), 32 DCR 3590; Aug. 20, 1994, D.C. Law 10-151, § 105(n), 41 DCR 2608.)
Current through April 16, 2013
|
DC ST § 22-3307
Formerly cited as DC ST 1981 § 22-3107 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 33. Trespass; Injuries to Property.
§ 22-3307. Destroying or defacing public records.
Whoever maliciously or with intent to injure or defraud any other person defaces, mutilates, destroys, abstracts, or conceals the whole or any part of any record authorized by law to be made, or pertaining to any court or public office in the District, or any paper duly filed in such court or office, shall be fined not more than $1,000 or imprisoned not more than 180 days, or both.
CREDIT(S)
(Mar. 3, 1901, 31 Stat. 1327, ch. 854, § 844; Aug. 20, 1994, D.C. Law 10-151, § 105(o), 41 DCR 2608.)
Current through April 16, 2013
|
DC ST § 22-3308
Formerly cited as DC ST 1981 § 22-3108 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 33. Trespass; Injuries to Property.
§ 22-3308. Cutting down or destroying things growing on or attached to the land of another. [Repealed]
CREDIT(S)
(Mar. 3, 1901, 31 Stat. 1327, ch. 854, § 847; Aug. 12, 1937, 50 Stat. 629, ch. 599; Aug. 20, 1994, D.C. Law 10-151, § 105(p), 41 DCR 2608; June 12, 2003, D.C. Law 14-309, § 202, 50 DCR 888.)
Current through April 16, 2013
|
DC ST § 22-3309
Formerly cited as DC ST 1981 § 22-3109 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 33. Trespass; Injuries to Property.
§ 22-3309. Destroying boundary markers.
Whoever maliciously cuts down, destroys, or removes any boundary tree, stone, or other mark or monument, or maliciously effaces any inscription thereon, either of his or her own lands or of the lands of any other person whatsoever, even though such boundary or bounded trees should stand within the person's own land so cutting down and destroying the same, shall be fined not more than $1,000 and imprisoned not exceeding 180 days.
CREDIT(S)
(Mar. 3, 1901, 31 Stat. 1333, ch. 854, § 880; May 21, 1994, D.C. Law 10-119, § 2(u), 41 DCR 1639; Aug. 20, 1994, D.C. Law 10-151, § 105(q), 41 DCR 2608.)
Current through April 16, 2013
|
DC ST § 22-3310
Formerly cited as DC ST 1981 § 22-3110 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 33. Trespass; Injuries to Property.
§ 22-3310. Destroying trees or protections thereof on public grounds.
It shall be unlawful for any person willfully to top, cut down, remove, girdle, break, wound, destroy, or in any manner injure any vine, bush, shrub, or tree not owned by that person, or any of the boxes, stakes or any other protection thereof, under a penalty not to exceed, for each and every such offense:
(1) In the case of any tree 55 inches or greater in circumference when measured at a height of four and one half feet, $15,000 or imprisonment for not more than 90 days, or both; or
(2) For vines, bushes, shrubs, and smaller trees, $5,000 or imprisonment for not more than 30 days, or both.
CREDIT(S)
(July 29, 1892, 27 Stat. 324, ch. 320, § 13; June 19, 2001, D.C. Law 13-314, § 3, 48 DCR 2076; June 12, 2003, D.C. Law 14-309, § 201, 50 DCR 888; Apr. 13, 2005, D.C. Law 15-354, § 21(b), 52 DCR 2638.)
Current through April 16, 2013
|
DC ST § 22-3311
Formerly cited as DC ST 1981 § 22-3111 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 33. Trespass; Injuries to Property.
§ 22-3311. Disorderly conduct in public buildings or grounds; injury to or destruction of United States property.
Any person guilty of disorderly and unlawful conduct in or about the public buildings and public grounds belonging to the United States within the District of Columbia, or who shall wilfully injure the buildings or shrubs, or shall pull down, impair, or otherwise injure any fence, wall, or other inclosure, or shall injure any sink, culvert, pipe, hydrant, cistern, lamp, or bridge, or shall remove any stone, gravel, sand, or other property of the United States, or any other part of the public grounds or lots belonging to the United States in the District of Columbia, shall be fined not more than $500, or imprisoned not more than 6 months, or both.
CREDIT(S)
(July 29, 1892, 27 Stat. 325, ch. 320, § 15; Oct. 20, 1967, 81 Stat. 277, Pub. L. 90-108, § 2.)
Current through April 16, 2013
|
DC ST § 22-3312
Formerly cited as DC ST 1981 § 22-3112 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 33. Trespass; Injuries to Property.
§ 22-3312. Destroying or defacing buildings, statues, or monuments. [Repealed]
CREDIT(S)
(Mar. 10, 1983, D.C. Law 4-203, § 6, 30 DCR 180.)
Current through April 16, 2013
|
DC ST § 22-3312.01
Formerly cited as DC ST 1981 § 22-3112.1 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 33. Trespass; Injuries to Property.
§ 22-3312.01. Defacing public or private property.
It shall be unlawful for any person or persons willfully and wantonly to disfigure, cut, chip, or cover, rub with, or otherwise place filth or excrement of any kind; to write, mark, or print obscene or indecent figures representing obscene or objects upon; to write, mark, draw, or paint, without the consent of the owner or proprietor thereof, or, in the case of public property, of the person having charge, custody, or control thereof, any word, sign, or figure upon:
(1) Any property, public or private, building, statue, monument, office, public passenger vehicle, mass transit equipment or facility, dwelling or structure of any kind including those in the course of erection; or
(2) The doors, windows, steps, railing, fencing, balconies, balustrades, stairs, porches, halls, walls, sides of any enclosure thereof, or any movable property.
CREDIT(S)
(Mar. 10, 1983, D.C. Law 4-203, § 2, 30 DCR 180; June 3, 1997, D.C. Law 11-275, § 7, 44 DCR 1408.)
Current through April 16, 2013
|
DC ST § 22-3312.02
Formerly cited as DC ST 1981 § 22-3112.2 |
Effective: May 18, 2009
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 33. Trespass; Injuries to Property.
§ 22-3312.02. Defacing or burning cross or religious symbol; display of certain emblems.
(a) It shall be unlawful for any person to burn, desecrate, mar, deface, or damage a religious or secular symbol on any private premises or property in the District of Columbia primarily used for religious, educational, residential, memorial, charitable, or cemetery purposes, or for assembly by persons of a particular race, color, creed, religion, or any other category listed in § 2-1401.01, or on any public property in the District of Columbia; or to place or to display in any of these locations a sign, mark, symbol, emblem, or other physical impression including, but not limited to, a Nazi swastika, a noose, or any manner of exhibit which includes a burning cross, real or simulated, where it is probable that a reasonable person would perceive that the intent is:
(1) To deprive any person or class of persons of equal protection of the law or of equal privileges and immunities under the law, or for the purpose of preventing or hindering the constituted authorities of the United States or the District of Columbia from giving or securing to all persons within the District of Columbia equal protection of the law;
(2) To injure, intimidate, or interfere with any person because of his or her exercise of any right secured by federal or District of Columbia laws, or to intimidate any person or any class of persons from exercising any right secured by federal or District of Columbia laws;
(3) To threaten another person whereby the threat is a serious expression of an intent to inflict harm; or
(4) To cause another person to fear for his or her personal safety, or where it is probable that reasonable persons will be put in fear for their personal safety by the defendant's actions, with reckless disregard for that probability.
(b) Repealed.
(c) Nothing in this section shall be deemed to amend or repeal any provision of the District of Columbia Fire Prevention Code (7 DCRR).
CREDIT(S)
(Mar. 10, 1983, D.C. Law 4-203, § 3, 30 DCR 180; May 15, 2009, D.C. Law 17-390, § 2, 55 DCR 11030.)
Current through April 16, 2013
|
DC ST § 22-3312.03
Formerly cited as DC ST 1981 § 22-3112.3 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 33. Trespass; Injuries to Property.
§ 22-3312.03. Wearing hoods or masks.
(a) No person or persons over 16 years of age, while wearing any mask, hood, or device whereby any portion of the face is hidden, concealed, or covered as to conceal the identity of the wearer, shall:
(1) Enter upon, be, or appear upon any lane, walk, alley, street, road highway, or other public way in the District of Columbia;
(2) Enter upon, be, or appear upon or within the public property of the District of Columbia; or
(3) Hold any manner of meeting or demonstration.
(b) The provisions of subsection (a) of this section apply only if the person was wearing the hood, mask, or other device:
(1) With the intent to deprive any person or class of persons of equal protection of the law or of equal privileges and immunities under the law, or for the purpose of preventing or hindering the constituted authorities of the United States or the District of Columbia from giving or securing for all persons within the District of Columbia equal protection of the law;
(2) With the intent, by force or threat of force, to injure, intimidate, or interfere with any person because of his or her exercise of any right secured by federal or District of Columbia laws, or to intimidate any person or any class of persons from exercising any right secured by federal or District of Columbia laws;
(3) With the intent to intimidate, threaten, abuse, or harass any other person;
(4) With the intent to cause another person to fear for his or her personal safety, or, where it is probable that reasonable persons will be put in fear for their personal safety by the defendant's actions, with reckless disregard for that probability; or
(5) While engaged in conduct prohibited by civil or criminal law, with the intent of avoiding identification.
CREDIT(S)
(Mar. 10, 1983, D.C. Law 4-203, § 4, 30 DCR 180.)
Current through April 16, 2013
|
DC ST § 22-3312.03a |
Effective: September 18, 2010
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 33. Trespass; Injuries to Property.
§ 22-3312.03a. Abatement of graffiti. [Repealed]
CREDIT(S)
(Mar. 10, 1983, D.C. Law 4-203, § 4a, as addedJune 12, 2001, D.C. Law 13-309, § 2(b), 48 DCR 1613; June 5, 2003, D.C. Law 14-307, § 2302, 49 DCR 11664; Sept. 18, 2010, D.C. Law 18-219, § 13(b)(1), 57 DCR 4353.)
Current through April 16, 2013
|
DC ST § 22-3312.03b |
Effective: September 18, 2010
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 33. Trespass; Injuries to Property.
§ 22-3312.03b. Collection against an owner. [Repealed]
CREDIT(S)
(Mar. 10, 1983, D.C. Law 4-203, § 4b, as addedJune 12, 2001, D.C. Law 13-309, § 2(c), 48 DCR 1613; Sept. 18, 2010, D.C. Law 18-219, § 13(b)(2), 57 DCR 4353.)
Current through April 16, 2013
|
DC ST § 22-3312.04
Formerly cited as DC ST 1981 § 22-3112.4 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 33. Trespass; Injuries to Property.
§ 22-3312.04. Penalties.
(a) Any person who violates any provision of § 22-3312.01 shall be fined not less than $250 or more than $1,000, or imprisoned for a period not to exceed 180 days, or both. Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of § 22-3312.01, pursuant to Chapter 8 of Title 8.
(b) Any person who violates any provision of § 22-3312.02 or § 22-3312.03 shall be guilty of a misdemeanor punishable by a fine not to exceed $500, or imprisonment not to exceed 180 days, or both.
(c) In addition to the penalties provided in subsection (a) of this section, a person convicted of violating any provision of § 22-3312.01 may be required to perform community service as provided in § 16-712.
(d) Any person who willfully places graffiti on property without the consent of the owner shall be subject to the sanctions in subsection (a) of this section.
(e) Any person who willfully possesses graffiti material with the intent to place graffiti on property without the consent of the owner shall be fined not less than $100 or more than $1,000.
(f) In addition to any fine or sentence imposed under this section, the court shall order the person convicted to make restitution to the owner of the property, or to the party responsible for the property upon which the graffiti has been placed, for the damage or loss caused, directly or indirectly, by the graffiti, in a reasonable amount and manner as determined by the court.“.
(g) The District of Columbia courts shall find parents or guardians civilly liable for all fines imposed or payments for abatement required if the minor cannot pay within a reasonable period of time established by the court.
CREDIT(S)
(Mar. 10, 1983, D.C. Law 4-203, § 5, 30 DCR 180; June 12, 2001, D.C. Law 13-309, § 2(d), 48 DCR 1613.)
Current through April 16, 2013
|
DC ST § 22-3312.05 |
Effective: September 18, 2010
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 33. Trespass; Injuries to Property.
§ 22-3312.05. Definitions.
For the purposes of §§ 22-3312.01 through 22-3312.05, the term:
(1) “Abate” means to effectively remove.
(2) Repealed.
(3) Repealed.
(4) “Graffiti” means an inscription, writing, drawing, marking, or design that is painted, sprayed, etched, scratched, or otherwise placed on structures, buildings, dwellings, statues, monuments, fences, vehicles, or other similar materials that are on public or private property without the consent of the owner, manager, or agent in charge of the property, and the graffiti is visible from a public right-of-way.
(5) “Graffiti material” means any aerosol can, bottle, spray device or other mechanism designed to dispense paint or a similar substance under pressure, indelible marker, paint stick, adhesive label, and engraving device capable of leaving a visible mark on a natural or man-made surface.
(6) “Minor” means a person less than 18 years of age.
(7) Repealed.
(8) Repealed.
(9) “Public or private property” shall include any building, bridge, fence or other structure, any street, alley, sidewalk, or other vehicular or pedestrian right-of-way, any article of street furniture, lamppost, bus shelter, newspaper box, or trash receptacle, any tree, rock, or other natural fixture, any utility or public service equipment, or any other personal property located outdoors, whether publicly or privately owned.
(10) “Sign” means a name, identification, description, display, or illustration which is affixed to, or represented directly or indirectly upon a building, structure, or piece of land and which directs attention to an object, product, place, activity, person, institution, organization, or business.
CREDIT(S)
(Mar. 10, 1983, D.C. Law 4-203, § 1a, as addedJune 12, 2001, D.C. Law 13-309, § 2(a), 48 DCR 1613; Sept. 18, 2010, D.C. Law 18-219, § 13(b)(3), 57 DCR 4353.)
Current through April 16, 2013
|
DC ST § 22-3313
Formerly cited as DC ST 1981 § 22-3113 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 33. Trespass; Injuries to Property.
§ 22-3313. Destroying or defacing building material for streets.
It shall not be lawful for any person or persons to destroy, break, cut, disfigure, deface, burn, or otherwise injure any building materials, or materials intended for the improvement of any street, avenue, alley, foot pavement, roads, highways, or inclosure, whether public or private property, or remove the same (except in pursuance of law or by consent of the owner) from the place where the same may be collected for purposes of building or improvement as aforesaid; or to remove, cut, destroy, or injure any scaffolding, ladder, or other thing used in or about such building or improvement, under a penalty of not more than $25 for each and every such offense.
CREDIT(S)
(July 29, 1892, 27 Stat. 322, ch. 320, § 2.)
Current through April 16, 2013
|
DC ST § 22-3314
Formerly cited as DC ST 1981 § 22-3114 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 33. Trespass; Injuries to Property.
§ 22-3314. Destroying cemetery railing or tomb.
If any person shall maliciously cut down, demolish, or otherwise injure any railing, fence, or inclosure around or upon any cemetery, or shall injure or deface any tomb or inscription thereon, such person shall be fined not more than $100.
CREDIT(S)
(Mar. 3, 1901, 31 Stat. 1327, ch. 854, § 850; May 21, 1994, D.C. Law 10-119, § 2(v), 41 DCR 1639.)
Current through April 16, 2013
|
DC ST § 22-3315
Formerly cited as DC ST 1981 § 22-3115 to 22-3117 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 33. Trespass; Injuries to Property.
§§ 22-3315 to 22-3317. Offenses against property of electric lighting, heating, or power companies; tapping gas pipes; tapping or injuring water pipes; tampering with water meters. [Repealed]
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 602(pp)-(rr), 29 DCR 3976.)
Current through April 16, 2013
|
DC ST § 22-3317
Formerly cited as DC ST 1981 § 22-3115 to 22-3117 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 33. Trespass; Injuries to Property.
§§ 22-3315 to 22-3317. Offenses against property of electric lighting, heating, or power companies; tapping gas pipes; tapping or injuring water pipes; tampering with water meters. [Repealed]
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 602(pp)-(rr), 29 DCR 3976.)
Current through April 16, 2013
|
DC ST § 22-3318
Formerly cited as DC ST 1981 § 22-3118 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 33. Trespass; Injuries to Property.
§ 22-3318. Malicious pollution of water.
Every person who maliciously commits any act by reason of which the supply of water, or any part thereof, to the City of Washington, becomes impure, filthy, or unfit for use, shall be fined not less than $500 nor more than $1,000, or imprisoned at hard labor not more than 3 years nor less than 1 year.
CREDIT(S)
(R.S., § 1806; Feb. 11, 1895, 28 Stat. 650, ch. 79.)
Current through April 16, 2013
|
DC ST § 22-3319
Formerly cited as DC ST 1981 § 22-3119 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 33. Trespass; Injuries to Property.
§ 22-3319. Placing obstructions on or displacement of railway tracks.
Whoever maliciously places an obstruction on or near the track of any steam or street railway, or displaces or injures anything appertaining to such track, with intent to endanger the passage of any locomotive or car, shall be imprisoned for not more than 10 years.
CREDIT(S)
(Mar. 3, 1901, 31 Stat. 1327, ch. 854, § 846.)
Current through April 16, 2013
|
DC ST § 22-3320
Formerly cited as DC ST 1981 § 22-3120 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 33. Trespass; Injuries to Property.
§ 22-3320. Obstructing public road; removing milestones.
If any person shall alter or in any manner obstruct or encroach on a public road, or cut, destroy, deface, or remove any milestones set up on such road, or place any rubbish, dirt, logs, or make any pit or hole therein, such person may be indicted, and, upon conviction thereof before the proper court, shall be fined or imprisoned, in the discretion of the court, according to the nature of the offense.
CREDIT(S)
(R.S., D.C., § 268.)
Current through April 16, 2013
|
DC ST § 22-3321
Formerly cited as DC ST 1981 § 22-3121 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 33. Trespass; Injuries to Property.
§ 22-3321. Obstructing public highway.
Any person who, without lawful authority, shall obstruct the free use of any of the public highways, which had been used and recognized as public county roads for 25 years prior to May 3, 1862, and which were thereafter duly surveyed, recorded, and declared public highways according to law, shall be subject to a fine for each offense of not less than $100 nor more than $250 and be imprisoned till the fine and the costs of suit and collection of the same are paid.
CREDIT(S)
(R.S., D.C., § 269.)
Current through April 16, 2013
|
DC ST § 22-3322
Formerly cited as DC ST 1981 § 22-3122 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 33. Trespass; Injuries to Property.
§ 22-3322. Fines under § 22-3321 to be collected in name of United States.
The fines provided for in § 22-3321 shall be collected in the name of the United States.
CREDIT(S)
(R.S., D.C., §§ 1, 2, 96, 270; June 11, 1878, 20 Stat. 102, ch. 180.)
Current through April 16, 2013
|
DC ST § 22-3401
Formerly cited as DC ST 1981 § 22-3423 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 34. Use of “District of Columbia” by Certain Persons.
§ 22-3401. Use of “District of Columbia” or similar designation by private detective or collection agency--Prohibited.
No person engaged in the business of collecting or aiding in the collection of private debts or obligations, or engaged in furnishing private police, investigation, or other private detective services, shall use as part of the name of such business, or employ in any communication, correspondence, notice, advertisement, circular, or other writing or publication, the words “District of Columbia”, “District”, the initials “D.C.”, or any emblem or insignia utilizing any of the said terms as part of its design, in such manner as reasonably to convey the impression or belief that such business is a department, agency, bureau, or instrumentality of the municipal government of the District of Columbia or in any manner represents the District of Columbia. As used in this section and § 22-3402, the word “person” means and includes individuals, associations, partnerships, and corporations.
CREDIT(S)
(Oct. 16, 1962, 76 Stat. 1071, Pub. L. 87-837, § 1.)
Current through April 16, 2013
|
DC ST § 22-3402
Formerly cited as DC ST 1981 § 22-3424 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 34. Use of “District of Columbia” by Certain Persons.
§ 22-3402. Use of “District of Columbia” or similar designation by private detective or collection agency--Penalty.
Any person who violates § 22-3401 shall be punished by a fine of not more than $300 or by imprisonment for not more than 90 days, or by both such fine and imprisonment.
CREDIT(S)
(Oct. 16, 1962, 76 Stat. 1071, Pub. L. 87-837, § 2.)
Current through April 16, 2013
|
DC ST § 22-3403
Formerly cited as DC ST 1981 § 22-3425 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 34. Use of “District of Columbia” by Certain Persons.
§ 22-3403. Use of “District of Columbia” or similar designation by private detective or collection agency--Prosecutions for violations.
All prosecutions for violations of § 22-3401 shall be conducted in the name of the District of Columbia by the Corporation Counsel or any Assistant Corporation Counsel. As used in this section the term “Corporation Counsel” means the Attorney for the District of Columbia, by whatever title such attorney may be known, designated by the Mayor of the District of Columbia to perform the functions prescribed for the Corporation Counsel in this section.
CREDIT(S)
(Oct. 16, 1962, 76 Stat. 1071, Pub. L. 87-837, § 3; May 21, 1994, D.C. Law 10-119, § 18, 41 DCR 1639.)
Current through April 16, 2013
|
DC ST § 22-3501
Formerly cited as DC ST 1981 § 22-3301 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 35. Vagrancy. [Repealed]
§ 22-3501. “Vagrancy” defined; prosecution and the giving of security. [Repealed]
CREDIT(S)
(Dec. 17, 1941, 55 Stat. 810, ch. 589, § 5.)
Current through April 16, 2013
|
DC ST § 22-3502
Formerly cited as DC ST 1981 § 22-3302 |
Effective: December 10, 2009
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 35. Vagrancy. [Repealed]
§ 22-3502. “Vagrants” defined. [Repealed]
CREDIT(S)
(Dec. 17, 1941, 55 Stat. 808, ch. 589, § 1; June 29, 1953, 67 Stat. 97, ch. 159, § 209(b); Nov. 17, 1993, D.C. Law 10-54, § 9, 40 DCR 5450; May 21, 1994, D.C. Law 10-119, § 16(a), 41 DCR 1639; May 17, 1996, D.C. Law 11-119, § 5, 43 DCR 528; June 3, 1997, D.C. Law 11-275, § 9(a), 44 DCR 1408; Dec. 10, 2009, D.C. Law 18-88, § 216, 56 DCR 7413.)
Current through April 16, 2013
|
DC ST § 22-3503
Formerly cited as DC ST 1981 § 22-3303 |
Effective: December 10, 2009
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 35. Vagrancy. [Repealed]
§ 22-3503. Prosecutions; burden of proof to show lawful employment. [Repealed]
CREDIT(S)
(Dec. 17, 1941, 55 Stat. 809, ch. 589, § 2; May 21, 1994, D.C. Law 10-119, § 16(b), 41 DCR 1639; Dec. 10, 2009, D.C. Law 18-88, § 216, 56 DCR 7413.)
Current through April 16, 2013
|
DC ST § 22-3504
Formerly cited as DC ST 1981 § 22-3304 |
Effective: December 10, 2009
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 35. Vagrancy. [Repealed]
§ 22-3504. Penalty; conditions imposed by court. [Repealed]
CREDIT(S)
(Dec. 17, 1941, 55 Stat. 809, ch. 589, § 3; Aug. 1, 1950, 64 Stat. 393, ch. 513, § 1; Dec. 10, 2009, D.C. Law 18-88, § 216, 56 DCR 7413.)
Current through April 16, 2013
|
DC ST § 22-3505
Formerly cited as DC ST 1981 § 22-3305 |
Effective: December 10, 2009
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 35. Vagrancy. [Repealed]
§ 22-3505. Prosecutions. [Repealed]
CREDIT(S)
(Dec. 17, 1941, 55 Stat. 810, ch. 589, § 4; Apr. 1, 1942, 56 Stat. 190, ch. 207, § 1; July 8, 1963, 77 Stat. 77, Pub. L. 88-60, § 1; July 29, 1970, 84 Stat. 570, Pub. L. 91-358, title I, § 155(a); May 21, 1994, D.C. Law 10-119, § 16(c), 41 DCR 1639; Dec. 10, 2009, D.C. Law 18-88, § 216, 56 DCR 7413.)
Current through April 16, 2013
|
DC ST § 22-3506
Formerly cited as DC ST 1981 § 22-3306 |
Effective: December 10, 2009
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 35. Vagrancy. [Repealed]
§ 22-3506. Right to strike or picket not abrogated. [Repealed]
CREDIT(S)
(Dec. 17, 1941, 55 Stat. 810, ch. 589, § 6; June 3, 1997, D.C. Law 11-275, § 9(b), 44 DCR 1408; Dec. 10, 2009, D.C. Law 18-88, § 216, 56 DCR 7413.)
Current through April 16, 2013
|
DC ST § 22-3531 |
Effective: April 24, 2007
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 35A. Voyeurism
§ 22-3531. Voyeurism.
(a) For the purposes of this section, the term:
(1) “Electronic device” means any electronic, mechanical, or digital equipment that captures visual or aural images, including cameras, computers, tape recorders, video recorders, and cellular telephones.
(2) “Private area” means the naked or undergarment-clad genitals, pubic area, anus, or buttocks, or female breast below the top of the areola.
(b) Except as provided in subsection (e) of this section, it is unlawful for any person to occupy a hidden observation post or to install or maintain a peephole, mirror, or any electronic device for the purpose of secretly or surreptitiously observing an individual who is:
(1) Using a bathroom or rest room;
(2) Totally or partially undressed or changing clothes; or
(3) Engaging in sexual activity.
(c)(1) Except as provided in subsection (e) of this section, it is unlawful for a person to electronically record, without the express and informed consent of the individual being recorded, an individual who is:
(A) Using a bathroom or rest room;
(B) Totally or partially undressed or changing clothes; or
(C) Engaging in sexual activity.
(2) Express and informed consent is only required when the individual engaged in these activities has a reasonable expectation of privacy.
(d) Except as provided in subsection (e) of this section, it is unlawful for a person to intentionally capture an image of a private area of an individual, under circumstances in which the individual has a reasonable expectation of privacy, without the individual's express and informed consent.
(e) This section does not prohibit the following:
(1) Any lawful law enforcement, correctional, or intelligence observation or surveillance;
(2) Security monitoring in one's own home;
(3) Security monitoring in any building where there are signs prominently displayed informing persons that the entire premises or designated portions of the premises are under surveillance; or
(4) Any electronic recording of a medical procedure which is conducted under circumstances where the patient is unable to give consent.
(f)(1) A person who violates subsection (b), (c), or (d) of this section is guilty of a misdemeanor and, upon conviction, shall be fined not more than $1,000 or imprisoned for not more than 1 year, or both.
(2) A person who distributes or disseminates, or attempts to distribute or disseminate, directly or indirectly, by any means, a photograph, film, videotape, audiotape, compact disc, digital video disc, or any other image or series of images or sounds or series of sounds that the person knows or has reason to know were taken in violation of subsection (b), (c), or (d) of this section is guilty of a felony and, upon conviction, shall be fined not more than $5,000 or imprisoned for not more than 5 years, or both.
(g) The Attorney General for the District of Columbia, or his or her assistants, shall prosecute a violation of subsection (b), (c), or (d) of this section for which the penalty is set forth in subsection (f)(1) of this section.
CREDIT(S)
(Apr. 24, 2007, D.C. Law 16-306, § 105, 53 DCR 8610.)
Current through April 16, 2013
|
DC ST § 22-3601
Formerly cited as DC ST 1981 § 22-3901 |
Effective: April 24, 2007
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle II. Enhanced Penalties.
Chapter 36. Crimes Committed Against Certain Persons.
§ 22-3601. Enhanced penalty for crimes committed against senior citizen victims.
(a)
Any person who commits any offense listed in subsection (b) of this section
against an individual who is 60 years of age or older, at the time of the
offense, may be punished by a fine of up to 1 1/
(b) The provisions of subsection (a) of this section shall apply to the following offenses:
Abduction, arson, aggravated assault, assault with a dangerous weapon, assault with intent to kill, commit first degree sexual abuse, or commit second degree sexual abuse, assault with intent to commit any other offense, burglary, carjacking, armed carjacking, extortion or blackmail accompanied by threats of violence, kidnapping, malicious disfigurement, manslaughter, mayhem, murder, robbery, sexual abuse in the first, second, and third degrees, theft, fraud in the first degree, and fraud in the second degree, or an attempt or conspiracy to commit any of the foregoing offenses.
(c) It is an affirmative defense that the accused knew or reasonably believed the victim was not 60 years old or older at the time of the offense, or could not have known or determined the age of the victim because of the manner in which the offense was committed. This defense shall be established by a preponderance of the evidence.
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 201, 29 DCR 3976; Apr. 24, 2007, D.C. Law 16-306, § 220, 53 DCR 8610.)
Current through April 16, 2013
|
DC ST § 22-3602
Formerly cited as DC ST 1981 § 22-3902 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle II. Enhanced Penalties.
Chapter 36. Crimes Committed Against Certain Persons.
§ 22-3602. Enhanced penalty for committing certain dangerous and violent crimes against a citizen patrol member.
(a) For purposes of this section, the term “citizen patrol” means a group of residents of the District of Columbia organized for the purpose of providing additional security surveillance for certain District of Columbia neighborhoods with the goal of crime prevention. The term shall include, but is not limited to, Orange Hat Patrols, Red Hat Patrols, Blue Hat Patrols, or Neighborhood Watch Associations.
(b)
Any person who commits any offense listed in subsection (c) of this section
against a member of a citizen patrol (“member”) while that member is
participating in a citizen patrol, or because of the member's participation in a
citizen patrol, may be punished with a fine up to 1 1/
(c) The provisions of subsection (b) of this section shall apply to the following offenses: taking or attempting to take property from another by force or threat of force, forcible rape, or assault with intent to commit forcible rape, murder, mayhem, kidnapping, robbery, burglary, voluntary manslaughter, extortion or blackmail accompanied by threats of violence, assault with a deadly weapon, simple assault, aggravated assault, or a conspiracy to commit any of the foregoing offenses as defined by an Act of Congress or law of the District of Columbia if the offense is punishable by imprisonment for more than 1 year.
CREDIT(S)
(Dec. 1, 1982, D.C. Law 4-164, § 202, as addedAug. 20, 1994, D.C. Law 10-151, § 401, 41 DCR 2608.)
Current through April 16, 2013
|
DC ST § 22-3611 |
Effective: April 24, 2007
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle II. Enhanced Penalties.
Chapter 36A. Crimes Committed Against Minors.
§ 22-3611. Enhanced penalties for crimes against minors.
(a)
Any adult, being at least 2 years older than a minor, who commits a crime of
violence against that minor may be punished by a fine of up to
1 1/
(b) It is an affirmative defense that the accused reasonably believed that the victim was not a minor at the time of the offense. This defense shall be established by a preponderance of the evidence.
(c) For the purposes of this section, the term:
(1) “Adult” means a person 18 years of age or older at the time of the offense.
(2) “Crime of violence” shall have the same meaning as provided in § 23-1331(4).
(3) “Minor” means a person under 18 years of age at the time of the offense.
CREDIT(S)
(Apr. 24, 2007, D.C. Law 16-306, § 102, 53 DCR 8610.)
Current through April 16, 2013
|
DC ST § 22-3701
Formerly cited as DC ST 1981 § 22-4001 |
Effective: December 10, 2009
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle II. Enhanced Penalties.
Chapter 37. Bias-Related Crime.
§ 22-3701. Definitions.
For the purposes of this chapter, the term:
(1) “Bias-related crime” means a designated act that demonstrates an accused's prejudice based on the actual or perceived race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, family responsibility, homelessness, physical disability, matriculation, or political affiliation of a victim of the subject designated act.
(2) “Designated act” means a criminal act, including arson, assault, burglary, injury to property, kidnapping, manslaughter, murder, rape, robbery, theft, or unlawful entry, and attempting, aiding, abetting, advising, inciting, conniving, or conspiring to commit arson, assault, burglary, injury to property, kidnapping, manslaughter, murder, rape, robbery, theft, or unlawful entry.
(3) “Gender identity or expression” shall have the same meaning as provided in § 2-1401.02(12A).
(4) “Homelessness” means:
(A) The status or circumstance of an individual who lacks a fixed, regular, and adequate nighttime residence; or
(B) The status or circumstance of an individual who has a primary nighttime residence that is:
(i) A supervised publicly or privately operated shelter designed to provide temporary living accommodations, including welfare motels, hotels, congregate shelters, and transitional housing for the mentally ill;
(ii) An institution that provides a temporary residence for individuals intended to be institutionalized; or
(iii) A public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings.
CREDIT(S)
(May 8, 1990, D.C. Law 8-121, § 2, 37 DCR 27; Apr. 24, 2007, D.C. Law 16-305, § 37(a), 53 DCR 6198; June 25, 2008, D.C. Law 17-177, § 12(a), 55 DCR 3696; Mar. 25, 2009, D.C. Law 17-353, § 236(a), 56 DCR 1117; Dec. 10, 2009, D.C. Law 18-88, § 217(a), 56 DCR 7413.)
Current through April 16, 2013
|
DC ST § 22-3702
Formerly cited as DC ST 1981 § 22-4002 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle II. Enhanced Penalties.
Chapter 37. Bias-Related Crime.
§ 22-3702. Collection and publication of data.
(a) The Metropolitan Police force shall afford each crime victim the opportunity to submit with the complaint a written statement that contains information to support a claim that the designated act constitutes a bias-related crime.
(b) The Mayor shall collect and compile data on the incidence of bias-related crime.
(c) Data collected under subsection (b) of this section shall be used for research or statistical purposes and may not contain information that may reveal the identity of an individual crime victim.
(d) The Mayor shall publish an annual summary of the data collected under subsection (b) of this section and transmit the summary and recommendations based on the summary to the Council.
CREDIT(S)
(May 8, 1990, D.C. Law 8-121, § 3, 37 DCR 27.)
Current through April 16, 2013
|
DC ST § 22-3703
Formerly cited as DC ST 1981 § 22-4003 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle II. Enhanced Penalties.
Chapter 37. Bias-Related Crime.
§ 22-3703. Bias-related crime.
A
person charged with and found guilty of a bias-related crime shall be fined not
more than 1 1/
CREDIT(S)
(May 8, 1990, D.C. Law 8-121, § 4, 37 DCR 27.)
Current through April 16, 2013
|
DC ST § 22-3704
Formerly cited as DC ST 1981 § 22-4004 |
Effective: December 10, 2009
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle II. Enhanced Penalties.
Chapter 37. Bias-Related Crime.
§ 22-3704. Civil action.
(a) Irrespective of any criminal prosecution or the result of a criminal prosecution, any person who incurs injury to his or her person or property as a result of an intentional act that demonstrates an accused's prejudice based on the actual or perceived race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, family responsibilities, homelessness, physical disability, matriculation, or political affiliation of a victim of the subject designated act shall have a civil cause of action in a court of competent jurisdiction for appropriate relief, which includes:
(1) An injunction;
(2) Actual or nominal damages for economic or non-economic loss, including damages for emotional distress;
(3) Punitive damages in an amount to be determined by a jury or a court sitting without a jury; or
(4) Reasonable attorneys' fees and costs.
(b) In a civil action pursuant to subsection (a) of this section, whether an intentional act has occurred that demonstrates an accused's prejudice based on the actual or perceived color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, family responsibilities, homelessness, physical disability, matriculation, or political affiliation of a victim of the subject designated act shall be determined by reliable, probative, and substantial evidence.
(c) The parent of a minor shall be liable for any damages that a minor is required to pay under subsection (a) of this section, if any action or omission of the parent or legal guardian contributed to the actions of the minor.
CREDIT(S)
(May 8, 1990, D.C. Law 8-121, § 5, 37 DCR 27; Apr. 24, 2007, D.C. Law 16-305, § 37(b), 53 DCR 6198; June 25, 2008, D.C. Law 17-177, § 12(b), 55 DCR 3696; Dec. 10, 2009, D.C. Law 18-88, § 217(b), 56 DCR 7413.)
Current through April 16, 2013
|
DC ST § 22-3751 |
Effective: July 23, 2008
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle II. Enhanced Penalties.
Chapter 37A. Offenses Committed Against Taxicab Drivers and Certain Transit Workers.
§ 22-3751. Enhanced penalties for offenses committed against taxicab drivers.
Any
person who commits an offense listed in § 22-3752 against a taxicab driver who,
at the time of the offense, has a current license to operate a taxicab in the
District of Columbia or any United States jurisdiction and is operating a
taxicab in the District of Columbia may be punished by a fine of up to one and
1/
CREDIT(S)
(June 9, 2001, D.C. Law 13-307, § 2, 48 DCR 600; July 23, 2008, D.C. Law 17-206, § 2(a), 55 DCR 5168.)
Current through April 16, 2013
|
DC ST § 22-3751.01 |
Effective: July 23, 2008
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle II. Enhanced Penalties.
Chapter 37A. Offenses Committed Against Taxicab Drivers and Certain Transit Workers.
§ 22-3751.01. Enhanced penalties for offenses committed against transit operators and Metrorail station managers.
(a)
Any person who commits an offense enumerated in § 22-3752 against a transit
operator, who, at the time of the offense, is authorized to operate and is
operating a mass transit vehicle in the District of Columbia, or against
Metrorail station manager while on duty in the District of Columbia, may be
punished by a fine of up to one and 1/
(b) For the purposes of this section, the term:
(1) “Mass transit vehicle” means any publicly or privately owned or operated commercial vehicle for the carriage of 6 or more passengers, including any Metrobus, Metrorail, Metroaccess, or DC Circulator vehicle or other bus, trolley, or van operating within the District of Columbia.
(2) “Metrorail station manager” means any Washington Metropolitan Area Transit Authority employee who is assigned to supervise a Metrorail station from a kiosk at that station.
(3) “Transit operator” means a person who is licensed to operate a mass transit vehicle.
CREDIT(S)
(June 9, 2001, D.C. Law 13-307, § 2a, as addedJuly 23, 2008, D.C. Law 17-206, § 2(b), 55 DCR 5168.)
Current through April 16, 2013
|
DC ST § 22-3752 |
Effective: July 23, 2008
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle II. Enhanced Penalties.
Chapter 37A. Offenses Committed Against Taxicab Drivers and Certain Transit Workers.
§ 22-3752. Enumerated offenses.
The provisions of §§ 22-3751 and 22-3751.01 shall apply to the following offenses or any attempt or conspiracy to commit any of the following offenses: murder, manslaughter, aggravated assault, assault with a dangerous weapon, mayhem or maliciously disfiguring, threats to do bodily harm, first degree sexual abuse, second degree sexual abuse, third degree sexual abuse, fourth degree sexual abuse, misdemeanor sexual abuse, robbery, carjacking, and kidnapping.
CREDIT(S)
(June 9, 2001, D.C. Law 13-307, § 3, 48 DCR 600; July 23, 2008, D.C. Law 17-206, § 2(c), 55 DCR 5168.)
Current through April 16, 2013
|
DC ST § 22-3801
Formerly cited as DC ST 1981 § 22-3501 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle III. Sex Offenders.
Chapter 38. Sexual Psychopaths.
§§ 22-3801, 22-3802. Indecent acts with children; sodomy. [Repealed]
CREDIT(S)
(May 23, 1995, D.C. Law 10-257, § 501(b), 42 DCR 53.)
Current through April 16, 2013
|
DC ST § 22-3802
Formerly cited as DC ST 1981 § 22-3501 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle III. Sex Offenders.
Chapter 38. Sexual Psychopaths.
§§ 22-3801, 22-3802. Indecent acts with children; sodomy. [Repealed]
CREDIT(S)
(May 23, 1995, D.C. Law 10-257, § 501(b), 42 DCR 53.)
Current through April 16, 2013
|
DC ST § 22-3803
Formerly cited as DC ST 1981 § 22-3503 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle III. Sex Offenders.
Chapter 38. Sexual Psychopaths.
§ 22-3803. Definitions.
For the purposes of this chapter:
(1) The term “sexual psychopath” means a person, not insane, who by a course of repeated misconduct in sexual matters has evidenced such lack of power to control his or her sexual impulses as to be dangerous to other persons because he or she is likely to attack or otherwise inflict injury, loss, pain, or other evil on the objects of his or her desire.
(2) The term “court” means a court in the District of Columbia having jurisdiction of criminal offenses or delinquent acts.
(3) The term “patient” means a person with respect to whom there has been filed with the clerk of any court a statement in writing setting forth facts tending to show that such person is a sexual psychopath.
(4) The term “criminal proceeding” means a proceeding in any court against a person for a criminal offense, and includes all stages of such a proceeding from the time the person is indicted, charged by an information, or charged with a delinquent act, to the entry of judgment, or, if the person is granted probation, the completion of the period of probation.
CREDIT(S)
(June 9, 1948, 62 Stat. 347, ch. 428, title II, § 201; June 25, 1948, 62 Stat. 991, ch. 646, § 32(b); May 24, 1949, 63 Stat. 107, ch. 139, § 127; July 8, 1963, 77 Stat. 77, Pub. L. 88-60, § 1; July 29, 1970, 84 Stat. 574, Pub. L. 91-358, title I, § 157(c)(1)(A), (B); May 21, 1994, D.C. Law 10-119, § 20(a), 41 DCR 1639.)
Current through April 16, 2013
|
DC ST § 22-3804
Formerly cited as DC ST 1981 § 22-3504 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle III. Sex Offenders.
Chapter 38. Sexual Psychopaths.
§ 22-3804. Filing of statement.
(a) Whenever it shall appear to the United States Attorney for the District of Columbia that any person within the District of Columbia, other than a defendant in a criminal proceeding, is a sexual psychopath, such Attorney may file with the clerk of the Superior Court of the District of Columbia a statement in writing setting forth the facts tending to show that such a person is a sexual psychopath.
(b) Whenever it shall appear to the United States Attorney for the District of Columbia that any defendant in any criminal proceeding prosecuted by such Attorney or any Assistant United States Attorney is a sexual psychopath, such Attorney may file with the clerk of the court in which such proceeding is pending a statement in writing setting forth the facts tending to show that such defendant is a sexual psychopath.
(c) Whenever it shall appear to any court that any defendant in any criminal proceeding pending in such court is a sexual psychopath, the court may, if it deems such procedure advisable, direct the officer prosecuting the defendant to file with the clerk of such court a statement in writing setting forth the facts tending to show that such defendant is a sexual psychopath.
(d) Any statement filed in a criminal proceeding pursuant to subsection (b) or (c) of this section may be filed only:
(1) Before trial;
(2) After conviction or plea of guilty but before sentencing; or
(3) After conviction or plea of guilty but before the completion of probation.
(e) This section shall not apply to an individual in a criminal proceeding who is charged with first degree sexual abuse, second degree sexual abuse, or assault with intent to commit first or second degree sexual abuse.
CREDIT(S)
(June 9, 1948, 62 Stat. 348, ch. 428, title II, § 202; June 25, 1948, 62 Stat. 991, ch. 646, § 32(b); May 24, 1949, 63 Stat. 107, ch. 139, § 127; July 29, 1970, 84 Stat. 574, Pub. L. 91-358, title I, § 157(c) (2); May 21, 1994, D.C. Law 10-119, § 20(b), 41 DCR 1639; May 23, 1995, D.C. Law 10-257, § 401(d), 42 DCR 53.)
Current through April 16, 2013
|
DC ST § 22-3805
Formerly cited as DC ST 1981 § 22-3505 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle III. Sex Offenders.
Chapter 38. Sexual Psychopaths.
§ 22-3805. Right to counsel.
A patient shall have the right to have the assistance of counsel at every stage of the proceeding under this chapter. Before the court appoints psychiatrists pursuant to § 22-3806 it shall advise the patient of his or her right to counsel and shall assign counsel to represent him or her unless the patient is able to obtain counsel or elects to proceed without counsel.
CREDIT(S)
(June 9, 1948, 62 Stat. 348, ch. 428, title II, § 203; May 21, 1994, D.C. Law 10-119, § 20(c), 41 DCR 1639.)
Current through April 16, 2013
|
DC ST § 22-3806
Formerly cited as DC ST 1981 § 22-3506 |
Effective:[See Text Amendments]
West’s District of Columbia Code Annotated 2001 Edition Currentness
Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle III. Sex Offenders.