DC Code Flashcards
§ 5-115.01. Limitation on period of questioning; advisement of rights; release uncharged; admissibility of confessions.
(a) Any person arrested in the District of Columbia may be questioned with respect to any matter for a period not to exceed 3 hours immediately following his arrest. Such person shall be advised of and accorded his rights under applicable law respecting any such interrogation. In the case of any such arrested person who is released without being charged with a crime, his detention shall not be recorded as an arrest in any official record.
(b) Any statement, admission, or confession made by an arrested person within 3 hours immediately following his arrest shall not be excluded from evidence in the courts of the District of Columbia solely because of delay in presentment.
§ 5-117.05. False or fictitious reports to Metropolitan Police.
Except as provided in § 22-1319, whoever shall make or cause to be made to the Metropolitan Police force of the District of Columbia, or to any officer or member thereof, a false or fictitious report of the commission of any criminal offense within the District of Columbia, or a false or fictitious report of any other matter or occurrence of which such Metropolitan Police force is required to receive reports, or in connection with which such Metropolitan Police force is required to conduct an investigation, knowing such report to be false or fictitious; or who shall communicate or cause to be communicated to such Metropolitan Police force, or any officer or member thereof, any false information concerning the commission of any criminal offense within the District of Columbia or concerning any other matter or occurrence of which such Metropolitan Police force is required to receive reports, or in connection with which such Metropolitan Police force is required to conduct an investigation, knowing such information to be false, shall be punished by a fine of not exceeding $300 or by imprisonment not exceeding 30 days.
§ 5-119.02. Lost, stolen or abandoned property — Custody.
All property, or money alleged or supposed to have been feloniously obtained, or which shall be lost or abandoned, and which shall be thereafter taken into the custody of any member of the police force, or the Superior Court of the District of Columbia, or which shall come into such custody, shall be, by such member, or by order of the Court, given into the custody of the Property Clerk and kept by him, except that the custody of any abandoned vehicle shall be transferred to the Abandoned and Junk Vehicle Division of the Department of Public Works.
§ 5-123.02. Use of unnecessary or wanton force.
Any officer who uses unnecessary and wanton severity in arresting or imprisoning any person shall be deemed guilty of assault and battery, and, upon conviction, punished therefor.
§ 5-125.01. Intent of Council.
The Council of the District of Columbia finds and declares that the use of restraints generally known as chokeholds by law enforcement officers constitutes the use of lethal force, and that the unrestricted use of force presents an unnecessary danger to the public. These conclusions are based upon the testimony presented at the police oversight hearing conducted by the Committee on the Judiciary on February 23, 1984. During the hearing, statistics were revealed indicating that there have been 2 civilian deaths in as many years caused by an officer’s use of the chokehold. Therefore, it is the intent of the Council in the enactment of this subchapter to specify the circumstances and procedures under which these restraints shall be permitted and to classify the chokehold as a service weapon.
§ 5-125.02. Definitions.
For the purposes of this subchapter, the term:
(1) A “trachea hold,” “arm bar hold,” or “bar-arm hold” means any weaponless technique or any technique using the officer’s arm, a long or short police baton, or a flashlight or other firm object that attempts to control or disable a person by applying force or pressure against the trachea, windpipe, or the frontal area of the neck with the purpose or intent of controlling a person’s movement or rendering a person unconscious by blocking the passage of air through the windpipe.
(2) A “carotid artery hold,” “sleeper hold,” or “v hold” means any weaponless technique which is applied in an effort to control or disable a person by applying pressure or force to the carotid artery or the jugular vein or the sides of the neck with the intent or purpose of controlling a person’s movement or rendering a person unconscious by constricting the flow of blood to and from the brain.
§ 5-125.03. Trachea hold prohibited; carotid artery hold restricted.
(a) The use of the trachea hold by any police officer shall be prohibited under any circumstances and the carotid artery hold shall be prohibited except under those circumstances and conditions under which the use of lethal force is necessary to protect the life of a civilian or a law enforcement officer, and has been effected to control or subdue an individual, and the Metropolitan Police Department has issued procedures and policies which require, at a minimum, all the following:
(1) That an officer shall have satisfactorily completed a course of training on the carotid artery hold;
(2) That the officer who has applied the carotid hold on an individual render that person immediate first aid and emergency medical treatment if the person becomes unconscious as a result of the hold pending immediate transport of the person to the hospital;
(3) That upon resuscitation of the unconscious person, the individual shall be transported immediately to an emergency medical facility for examination, treatment, and observation by a competent and qualified emergency medical technician or physician within a reasonable period of time not to exceed 1 hour; and
(4) That where the person rendered unconscious through the use of a hold is unconscious for a period of 3 minutes or more, or appears to be under the influence of alcohol or drugs, or has shown signs of acute mental disturbance, that person shall be immediately transported to an emergency medical or acute care facility for examination, treatment, or observation by competent and qualified medical personnel within a reasonable period not to exceed 1 hour.
(b) The failure to provide immediately appropriate medical aid as required in subsection (a)(3) and (4) of this section to a person who has been rendered unconscious or subdued by the use of a hold shall for purposes of civil liability create a presumption, affecting the burden of proof, of willful negligence and reckless disregard for the safety and well-being of that person.
(c)
(1) Every police officer who under color of authority willfully and intentionally violates the standards prescribed in this section or any regulations issued pursuant to this subchapter shall, upon conviction, be subject to a fine of $5,000, or imprisonment not exceeding 1 year, or both, and removal from office.
(2) Such conduct shall also be subject to any civil remedies related to a violation of standards set forth in the police manual or general orders of the Metropolitan Police Department.
(d) The trachea hold is prohibited and the carotid artery hold shall be classified as a service weapon and all relevant Metropolitan Police Department general orders, special orders, and circulars shall be applicable.
§ 5-127.04. Police to have power of constables; authorization to execute certain Superior Court orders.
(a) The Mayor of the District of Columbia, and the members of the police force, shall possess in every part of the District all the common-law powers of constables, except for the service of civil process and for the collection of strictly private debts, in which designation fines imposed for the breach of the ordinances in force in the District shall not be included.
(b) In addition to the powers enumerated in subsection (a) of this section, members of the Metropolitan Police Department shall execute orders of the Superior Court of the District of Columbia issued pursuant to § 16-1005.
§ 5-127.05. Execution of warrants.
Any warrant for search or arrest, issued by any judge of the District, may be executed in any part of the District by any member of the police force, without any backing or indorsement of the warrant, and according to the terms thereof; and all provisions of law in relation to bail in the District shall apply to this chapter.
§ 5-129.51. Metropolitan Police Department Reserve Corps.
(a) The Mayor shall establish a Metropolitan Police Department Reserve Corps (“Reserve Corps”) in the District of Columbia. The purpose of the Reserve Corps shall be to assist full-time, sworn police personnel in both the day-to-day and emergency delivery of law enforcement services, consistent with applicable law.
(b) The Reserve Corps shall have as its membership a corps of unpaid volunteers who fulfill police duties and responsibilities as determined by the Chief of the Metropolitan Police Department.
(c) The selection criteria required for and training provided to members of the Reserve Corps shall be similar to the selection criteria required for and training provided to full-time, sworn police personnel. When establishing the criteria, the Chief of Police shall review national standards, such as the Commission on Accreditation for Law Enforcement Agencies.
(d) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this section within 180 days of September 30, 2004. The rules shall:
(1) Prescribe the duties and responsibilities of Reserve Corps members; (2) Define the scope of Reserve Corps members’ authority and discretion in carrying out their duties and responsibilities, including any limitations on or restrictions to their authority and discretion; and
(3) Delineate the supervision Reserve Corps members are to receive.
§ 5-132.02. Establishment of the Metropolitan Police Department School Safety Division; functions of the School Safety Division.
(a) There is established within the Metropolitan Police Department a School Safety Division that shall provide school resource officers to the DCPS schools and public charter schools.
(b) The School Safety Division shall be headed by a Director, appointed by, and reporting to, the Chief of Police with rank equal to a Commander or above.
(c) The School Safety Division shall:
(1) Hire and train school resource officers;
(2) Deploy school resource officers to:
(A) DCPS schools, consistent with the terms of the MOA; and
(B) Public charter schools;
(3) Coordinate with DCPS and public charter schools regarding the use and sharing of resources and communications between MPD and school-specific safety teams; and
(4) Provide recommendations to the Mayor, Council, and the DCPS Chancellor regarding the impact of school closings, consolidations, grade reconfigurations, use of swing space during school reconstruction, and gang and crew violence on the safety and well-being of children.
(c-1) School resource officers shall not report any information regarding a student’s suspected crew or gang affiliation, or that of their family members, to a law enforcement agency for the purpose of including such information in any District government crew or gang database, nor shall any such information shared by or derived from a school resource officer be otherwise included in any District government crew or gang database.
(d)
(1) The School Safety Division shall develop a plan to be implemented before the beginning of each DCPS school year for protecting children walking to and from DCPS and public charter schools and for protecting children from gang and crew violence on, in, and around DCPS and public charter schools’ property. Beginning in 2009, this plan shall be provided to the Mayor, the Council, and the Chancellor, by August 15th of each year.
(2) The plan shall include a description of:
(A) Safety issues children may face during passage to and from school, and recommended solutions to these issues; and
(B) A description of specific gang and crew conflicts and recommended solutions for the protection of children from gang and crew violence on, in, and around DCPS and public charter schools property.
(3) The plan shall incorporate the recommendations of the District Department of Transportation on the deployment of school crossing guards required under § 38-3101(f-1).
(e) The School Safety Division’s sworn and civilian staffing shall be as follows:
(1) By July 1, 2022, a maximum of 60 personnel;
(2) By July 1, 2023, a maximum of 40 personnel;
(3) By July 1, 2024, a maximum of 20 personnel; and
(4) By July 1, 2025, the School Safety Division shall be dissolved, and MPD no longer shall staff DCPS and public charter schools with school resource officers.
§ 5-331.02. Definitions.
For the purposes of this subchapter, the term:
(1) “First Amendment assembly” means a demonstration, rally, parade, march, picket line, or other similar gathering conducted for the purpose of persons expressing their political, social, or religious views.
(2) “MPD” means the Metropolitan Police Department.
§ 5-331.03. Policy on First Amendment assemblies.
It is the declared public policy of the District of Columbia that persons and groups have a right to organize and participate in peaceful First Amendment assemblies on the streets, sidewalks, and other public ways, and in the parks of the District of Columbia, and to engage in First Amendment assembly near the object of their protest so they may be seen and heard, subject to reasonable restrictions designed to protect public safety, persons, and property, and to accommodate the interest of persons not participating in the assemblies to use the streets, sidewalks, and other public ways to travel to their intended destinations, and use the parks for recreational purposes.
§ 5-331.04. Reasonable time, place, and manner restrictions on First Amendment assemblies.
(a) The MPD shall recognize and implement the District policy on First Amendment assemblies established in § 5-331.03 when enforcing any restrictions on First Amendment assemblies held on District streets, sidewalks, or other public ways, or in District parks.
(b) The MPD may enforce reasonable time, place, and manner restrictions on First Amendment assemblies by:
(1) Establishing reasonable restrictions on a proposed assembly prior to its planned occurrence though the approval of a plan, where the organizers of the assembly give notice;
(2) Enforcing reasonable restrictions during the occurrence of an assembly for which a plan has been approved, which are in addition to the restrictions set forth in the approved plan, where the additional restrictions are:
(A) Ancillary to the restrictions set forth in the approved plan and are designed to implement the substance and intent in the approval of the plan;
(B) Enforced in response to the occurrence of actions or events unrelated to the assembly that were not anticipated at the time of the approval of the plan and that were not caused by the plan-holder, counter-demonstrators, or the police; or
(C) Enforced to address a determination by the MPD during the pendency of the assembly that there exists an imminent likelihood of violence endangering persons or threatening to cause significant property damage; or
(3) Enforcing reasonable restrictions on a First Amendment assembly during its occurrence where a plan was not approved for the assembly.
(c) No time, place, or manner restriction regarding a First Amendment assembly shall be based on the content of the beliefs expressed or anticipated to be expressed during the assembly, or on factors such as the attire or appearance of persons participating or expected to participate in an assembly, nor may such restrictions favor non-First Amendment activities over First Amendment activities.
§ 5-331.05. Notice and plan approval process for First Amendment assemblies — Generally.
(a) It shall not be an offense to assemble or parade on a District street, sidewalk, or other public way, or in a District park, without having provided notice or obtained an approved assembly plan.
(b) The purpose of the notice and plan approval process is to avoid situations where more than one group seeks to use the same space at the same time and to provide the MPD and other District agencies the ability to provide appropriate police protection, traffic control, and other support for participants and other individuals.
(c) Except as provided in subsection (d) of this section, a person or group who wishes to conduct a First Amendment assembly on a District street, sidewalk, or other public way, or in a District park, shall give notice and apply for approval of an assembly plan before conducting the assembly.
(d) A person or group who wishes to conduct a First Amendment assembly on a District street, sidewalk, or other public way, or in a District park, is not required to give notice or apply for approval of an assembly plan before conducting the assembly where:
(1) The assembly will take place on public sidewalks and crosswalks and will not prevent other pedestrians from using the sidewalks and crosswalks;
(2) The person or group reasonably anticipates that fewer than 50 persons will participate in the assembly, and the assembly will not occur on a District street; or
(3) The assembly is for the purpose of an immediate and spontaneous expression of views in response to a public event.
(e) The Mayor shall not enforce any user fees on persons or groups that organize or conduct First Amendment assemblies.
(f) The Mayor shall not require, separate from or in addition to the requirements for giving notice of or applying for approval of an assembly plan for a First Amendment assembly, that persons give notice to, or obtain a permit or plan from, the Chief of Police, or other District officials or agencies, as a prerequisite for making or delivering an address, speech, or sermon regarding any political, social, or religious subject in any District street, sidewalk, other public way, or park.
(g) The Mayor shall not require, separate from or in addition to the requirements for giving notice of or applying for approval of an assembly plan for a First Amendment assembly, that persons give notice to, or obtain a permit or plan from the Chief of Police, the Department of Consumer and Regulatory Affairs, or any other District official or agency as a prerequisite for using a stand or structure in connection with such an assembly; provided, that a First Amendment assembly plan may contain limits on the nature, size, or number of stands or structures to be used as required to maintain public safety. Individuals conducting a First Amendment assembly under subsection (d) of this section may use a stand or structure so long as it does not prevent others from using the sidewalk.
(h) The Mayor shall not require, separate from or in addition to the requirements for giving notice of or applying for approval of an assembly plan for a First Amendment assembly, that persons give notice to, or obtain a permit or plan from, the Chief of Police, the Director of the Department of Consumer and Regulatory Affairs, or any other District official or agency as a prerequisite for selling demonstration-related merchandise within an area covered by an approved plan or within an assembly covered by subsection (d) of this section; provided, that nothing in this subsection shall be construed to authorize any person to sell merchandise in a plan-approved area contrary to the wishes of the plan-holder.
§ 5-331.07. Police handling and response to First Amendment assemblies.
(a) The MPD’s handling of, and response to, all First Amendment assemblies shall be designed and implemented to carry out the District policy on First Amendment assemblies established in § 5-331.03.
(b)
(1) Where participants in a First Amendment assembly fail to comply with reasonable time, place, and manner restrictions, the MPD shall, to the extent reasonably possible, first seek to enforce the restrictions through voluntary compliance and then seek, as appropriate, to enforce the restrictions by issuing citations to, or by arresting, the specific non-compliant persons, where probable cause to issue a citation or to arrest is present.
(2) Nothing in this subsection is intended to restrict the authority of the MPD to arrest persons who engage in unlawful disorderly conduct, or violence directed at persons or property.
(c) Where participants in a First Amendment assembly, or other persons at the location of the assembly, engage in unlawful disorderly conduct, violence toward persons or property, or unlawfully threaten violence, the MPD shall, to the extent reasonably possible, respond by dispersing, controlling, or arresting the persons engaging in such conduct, and not by issuing a general order to disperse, thus allowing the First Amendment assembly to continue.
(d) The MPD shall not issue a general order to disperse to participants in a First Amendment assembly except where:
(1) A significant number or percentage of the assembly participants fail to adhere to the imposed time, place, and manner restrictions, and either the compliance measures set forth in subsection (b) of this section have failed to result in substantial compliance or there is no reasonable likelihood that the measures set forth in subsection (b) of this section will result in substantial compliance;
(2) A significant number or percentage of the assembly participants are engaging in, or are about to engage in, unlawful disorderly conduct or violence toward persons or property; or
(3) A public safety emergency has been declared by the Mayor that is not based solely on the fact that the First Amendment assembly is occurring, and the Chief of Police determines that the public safety concerns that prompted the declaration require that the First Amendment assembly be dispersed.
(e)
(1) If and when the MPD determines that a First Amendment assembly, or part thereof, should be dispersed, the MPD shall issue at least one clearly audible and understandable order to disperse using an amplification system or device, and shall provide the participants a reasonable and adequate time to disperse and a clear and safe route for dispersal.
(2) Except where there is imminent danger of personal injury or significant damage to property, the MPD shall issue multiple dispersal orders and, if appropriate, shall issue the orders from multiple locations. The orders shall inform persons of the route or routes by which they may disperse and shall state that refusal to disperse will subject them to arrest.
(3) Whenever possible, MPD shall make an audio or video recording of orders to disperse.
(f)
(1) Where a First Amendment assembly is held on a District street, sidewalk, or other public way, or in a District park, and an assembly plan has not been approved, the MPD shall, consistent with the interests of public safety, seek to respond to and handle the assembly in substantially the same manner as it responds to and handles assemblies with approved plans.
(2) An order to disperse or arrest assembly participants shall not be based solely on the fact that a plan has not been approved for the assembly.
(3) When responding to and handling a First Amendment assembly for which a plan has not been approved, the MPD may take into account any actual diminution, caused by the lack of advance notice, in its ability, or the ability of other governmental agencies, appropriately to organize and allocate their personnel and resources so as to protect the rights of both persons exercising free speech and other persons wishing to use the streets, sidewalks, other public ways, and parks.
§ 5-331.08. Use of police lines.
No emergency area or zone will be established by using a police line to encircle, or substantially encircle, a demonstration, rally, parade, march, picket line, or other similar assembly (or subpart thereof) conducted for the purpose of persons expressing their political, social, or religious views except where there is probable cause to believe that a significant number or percentage of the persons located in the area or zone have committed unlawful acts (other than failure to have an approved assembly plan) and the police have the ability to identify those individuals and have decided to arrest them; provided, that this section does not prohibit the use of a police line to encircle an assembly for the safety of the demonstrators.
§ 5-331.09. Identification of MPD personnel policing First Amendment assemblies.
The MPD shall implement a method for enhancing the visibility to the public of the name or badge number of officers policing a First Amendment assembly by modifying the manner in which those officers’ names or badge numbers are affixed to the officers’ uniforms or helmets. The MPD shall ensure that all uniformed officers assigned to police First Amendment assemblies are equipped with the enhanced identification and may be identified even if wearing riot gear.
§ 5-331.10. Documentation of arrests in connection with a First Amendment assembly.
(a) The MPD shall cause every arrest in connection with a First Amendment assembly to be documented, in writing or electronically, by the officer at the scene who makes the arrest.
(b) Except as provided in subsection (c) of this section, the arrest documentation shall be completed at a time reasonably contemporaneous with the arrest, and shall include:
(1) The name of the person arrested;
(2) The date and time of the arrest;
(3) Each offense charged;
(4) The location of the arrest, and of each offense;
(5) A brief statement of the facts and evidence establishing the basis to arrest the person for each offense;
(6) An identification of the arresting officer (name and badge number); and
(7) Any other information the MPD may determine is necessary.
(c)
(1) The Chief of Police may implement a procedure for documenting arrests in connection with a First Amendment assembly different from that set forth in subsection (b) of this section where the Chief determines that an emergency exists with regard to a specific First Amendment assembly, and that implementation of the alternative procedure is necessary to assist police in protecting persons, property, or preventing unlawful conduct; provided, that any such procedure shall adequately document the basis that existed for each individual arrest.
(2) The determination of the Chief of Police made pursuant to paragraph (1) of this subsection shall be made in writing and shall include an explanation of the circumstances justifying the determination.
(3) The determination of the Chief of Police made pursuant to paragraph (1) of this subsection shall be valid for a period of 24 hours, and may be renewed by the Chief, or in the Chief’s absence, the Chief’s designee.
§ 5-331.11. Use of handcuffs, plastic cuffs, or other physical restraints on persons arrested in connection with a First Amendment assembly.
(a) The MPD shall adhere to the standard set forth in subsection (b) of this section in using handcuffs, plastic cuffs, or other physical restraints on any person arrested in connection with a First Amendment assembly who is being held in custody in the following circumstances:
(1) The arrestee is being held in a police processing center:
(A) To determine whether the arrestee should be released or the method for release;
(B) To determine whether the arrestee should be presented to court; or
(C) Pending presentation to court;
(2) The arrestee is being held in an unsecured processing center, and is not being held in a cell; or
(3) The arrestee is charged solely with one or more misdemeanor offenses, none of which have, as one of their elements, the commission of a violent act toward another person or a threat to commit such an act, or the destruction of property, or a threat to destroy property.
(b) With regard to any person who is being held in custody by the MPD in the circumstances identified in subsection (a) of this section, the MPD shall use handcuffs, plastic cuffs, or other physical restraints only to the extent reasonably necessary, and in a manner reasonably necessary, for the safety of officers and arrestees; provided, that no such person shall be restrained by connecting his or her wrist to his or her ankle, and no such person shall be restrained in any other manner that forces the person to remain in a physically painful position.
(c) Nothing in this section is intended to restrict the otherwise lawful authority of the MPD to use handcuffs, plastic cuffs, or other physical restraints on persons arrested in connection with a First Amendment assembly at the time of or immediately following arrest, while arrestees are being transported to a processing center, or while arrestees are being transported to or from court.
§ 5-331.16. Use of riot gear and riot tactics at First Amendment assemblies.
(a) Officers in riot gear shall be deployed consistent with the District policy on First Amendment assemblies and only where there is a danger of violence. Following any deployment of officers in riot gear, the commander at the scene shall make a written report to the Chief of Police within 48 hours and that report shall be available to the public on request.
(b)
(1) Large scale canisters of chemical irritant shall not be used at First Amendment assemblies absent the approval of a commanding officer at the scene, and the chemical irritant is reasonable and necessary to protect officers or others from physical harm or to arrest actively resisting subjects.
(2) Chemical irritant shall not be used by officers to disperse a First Amendment assembly unless the assembly participants or others are committing acts of public disobedience endangering public safety and security.
(3) A commanding officer who makes the determination specified in paragraph (1) of this subsection shall file with the Chief of Police a written report explaining his or her action within 48 hours after the event.
§ 5-333.04. Policy on investigations and inquiries involving First Amendment activities.
The MPD shall conduct all investigations and preliminary inquiries involving First Amendment activities for a legitimate law enforcement objective and, in so doing, shall safeguard the constitutional rights and liberties of all persons. MPD members may not investigate, prosecute, disrupt, interfere with, harass, or discriminate against any person engaged in First Amendment activity for the purpose of punishing, retaliating, preventing, or hindering the person from exercising his or her First Amendment rights.
§ 5-333.05. Authorization for investigations involving First Amendment activities.
(a) The MPD may conduct a criminal investigation that involves the First Amendment activities of persons, groups, or organizations only when there is reasonable suspicion to believe that the persons, groups, or organizations are planning or engaged in criminal activity, and the First Amendment activities are relevant to the criminal investigation.
(b) Except as provided in subsection (e) of this section, a MPD member may undertake an investigation under this section only after receiving prior written authorization from the Commander, Office of the Superintendent of Detectives, or such other MPD commander of similar rank designated by MPD regulations. No MPD member may conduct an investigation involving First Amendment activities without the authorization required by this section.
(c) To obtain authorization for an investigation under this section, a MPD member shall submit a memorandum to the Commander, Office of Superintendent of Detectives, or such other MPD commander of similar rank as designated by MPD regulations:
(1) Identifying the subject of the proposed investigation, if known;
(2) Stating the facts and circumstances that create a reasonable suspicion of criminal activity; and
(3) Describing the relevance of the First Amendment activities to the investigation.
(d)
(1) Written authorization of an investigation under this section may be granted for a period of up to 120 days where the designated commander determines that there is reasonable suspicion of criminal activity.
(2) If the MPD seeks to continue an investigation past 120 days, a new memorandum and approval shall be obtained for each subsequent 120-day period. The new memorandum shall describe the information already collected and demonstrate that an extension is reasonably necessary to pursue the investigation.
(3) The Chief of Police shall approve investigations open for more than one year, and shall do so in writing, stating the justification for the investigation.
(e) If there is an immediate threat of criminal activity, an investigation under this section may begin before a memorandum is prepared and approved; provided, that written approval must be obtained within 24 hours from the Chief of Police or his designee.
(f) An investigation involving First Amendment activities shall be terminated when logical leads have been exhausted and no legitimate law enforcement purpose justifies its continuance.
§ 5-337.01. Police identifying information.
Every member of the Metropolitan Police Department (“MPD”), while in uniform, shall wear or display the nameplate and badge issued by the MPD, or the equivalent identification issued by the MPD, and shall not alter or cover the identifying information or otherwise prevent or hinder a member of the public from reading the information.
§ 5-1107. Authority of the Office and processing of complaint.
(a) The MPD and the Office shall have the authority to receive a citizen complaint against a member or members of the MPD, and any other agency pursuant to subsection (j) of this section that alleges abuse or misuse of police powers by such member or members, including:
(1) Harassment;
(2) Use of unnecessary or excessive force;
(3) Use of language or conduct that is insulting, demeaning, or humiliating;
(4) Discriminatory treatment based upon a person’s race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, family responsibilities, physical disability, matriculation, political affiliation, source of income, or place of residence or business;
(5) Retaliation against a person for filing a complaint pursuant to this chapter; or
(6) Failure to wear or display required identification or to identify oneself by name and badge number when requested to do so by a member of the public.
(a-1) If the MPD receives a citizen complaint under subsection (a) of this section, the MPD shall transmit the citizen complaint to the Office within 3 business days after receipt.
(b) If a complaint alleges misconduct that is not within the authority of the Office to review, the Executive Director shall refer the allegation to the Police Chief for further processing by the MPD or the District of Columbia Housing Authority Police Department (“HAPD”), as appropriate.
(b-1) The Office shall have the sole authority to dismiss, conciliate, mediate, adjudicate, or refer for further action to the MPD or the HAPD a citizen complaint received under subsection (a) or (b) of this section.
(c) Any individual having personal knowledge of alleged police misconduct may file a complaint with the Office on behalf of a victim.
(d) To be timely, a complaint must be received by the Office within 90 days from the date of the incident that is the subject of the complaint. The Executive Director may extend the deadline for good cause.
(e) Each complaint shall be reduced to writing and signed by the complainant.
(f) Complaint forms shall conclude with the following words: “I hereby certify that to the best of my knowledge, and under penalty of perjury, the statements made herein are true.”.
(g) The Executive Director shall screen each complaint and may request additional information from the complainant. Within 7 working days of the receipt of the complaint, or within 7 working days of the receipt of additional information requested from the complainant, the Executive Director shall take one of the following actions:
(1) Dismiss the complaint, with the concurrence of one member of the Board;
(2) Refer the complaint to the United States Attorney for the District of Columbia for possible criminal prosecution;
(3) Attempt to conciliate the complaint;
(4) Refer the complaint to mediation;
(5) Refer the complaint for investigation; or
(6) Refer the subject police officer or officers to complete appropriate policy training by the MPD or the HAPD.
(h) The Executive Director shall notify in writing the complainant and the subject police officer or officers of the action taken under subsection (g) of this section. If the complaint is dismissed, the notice shall be accompanied by a brief statement of the reasons for the dismissal, and the Executive Director shall notify the complainant that the complaint may be brought to the attention of the Police Chief who may direct that the complaint be investigated and that appropriate action be taken.
(h-1) The MPD and the HAPD shall notify the Executive Director when a subject police officer or officers completes policy training pursuant to subsection (g)(6) of this section.
(h-2)
(1) The Office shall have the authority to audit citizen complaints referred to the MPD or the HAPD for further action.
(2) The Executive Director, acting on behalf of the Board, shall have timely and complete access to information and supporting documentation specifically related to the Board’s auditing duties under paragraph (1) of this subsection.
(3) The Executive Director shall keep confidential the identity of all persons named in any documents transferred from the MPD or the HAPD to the Office pursuant to paragraph (1) of this subsection.
(4) A Freedom of Information Act request for public records collected under paragraph (1) of this subsection may only be submitted to the MPD or the HAPD.
(5) Beginning on December 31, 2017, and by December 31 of each year thereafter, the Board shall deliver a report to the Mayor and the Council that analyzes the information evaluated by the Board under paragraph (1) of this subsection.
(i) For purposes of § 1-616.01 [repealed], the receipt by the Office of an oral or written complaint shall not constitute knowledge or cause to know of acts, occurrences, or allegations contained in such complaint. For purposes of § 1-616.01, the MPD shall be deemed to know or have cause to know of the acts, occurrences, or allegations in a complaint received by the Office at the time the MPD receives written notice from the Office that an allegation in a complaint processed by the Office has been sustained.
(j) This subchapter shall also apply to the [HAPD] and to any federal law enforcement agency that, pursuant to Chapter 3 of this title, has a cooperative agreement with the MPD that requires coverage by the Office; provided, that the Chief of the respective law enforcement department or agency shall perform the duties of the MPD Chief of Police for the members of their respective departments.
(k) By February 1 of each year, the Office of Police Complaints shall provide a report to the Council on the effectiveness of the Metropolitan Police
Department’s Body-Worn Camera Program, including an analysis of use of force incidents.
§ 7-401. Limitation on liability for medical care or assistance in emergency situations.
(a) Any person who in good faith renders emergency medical care or assistance to an injured person at the scene of an accident or other emergency in the District of Columbia outside of a hospital, without the expectation of receiving or intending to seek compensation from such injured person for such service, shall not be liable in civil damages for any act or omission, not constituting gross negligence, in the course of rendering such care or assistance.
(b) In the case of a person who renders emergency medical care or assistance in circumstances described in subsection (a) of this section and who is not licensed or certified by the District of Columbia or by any state to provide medical care or assistance, the limited immunity provided in subsection (a) of this section shall apply to such persons; provided, that the person shall relinquish the direction of the care of the injured person when an appropriate person licensed or certified by the District of Columbia or by any state to provide medical care or assistance assumes responsibility for the care of the injured person.
(c) A certified emergency medical technician/paramedic or emergency medical technician/intermediate paramedic who, in good faith and pursuant to instructions either directly or via telecommunication from a licensed physician, renders advanced emergency medical care or assistance to an injured person at the scene of an accident or other emergency or in transit from the scene of an accident or emergency to a hospital shall not be liable in civil damages for any act or omission not constituting gross negligence in the course of rendering such advanced emergency medical care or assistance.
(d) A licensed physician who in good faith gives emergency medical instructions either directly or via telecommunication to a certified emergency medical technician/paramedic or emergency medical technician/intermediate paramedic for the purpose of providing advanced emergency medical care to an injured person at the scene of an accident or other emergency or in transit from the scene of an accident or emergency to a hospital shall not be liable in civil damages for any act or omission not constituting gross negligence in the course of giving such emergency medical instructions.
(d-1) If the Mayor of the District of Columbia declares a state of emergency pursuant to § 7-2304, any act or omission of an emergency medical technician/paramedic (“Paramedic”), an emergency medical technician/intermediate paramedic (“EMT/I”), or an emergency medical technician (“EMT”), performed while providing advanced or basic life support to a patient or trauma victim shall not impose liability upon the Paramedic, EMT/I, or EMT, or any employer of the Paramedic, EMT/I, or EMT; provided, that the care is provided in good faith and does not constitute gross negligence.
(e) For the purposes of this section, the terms “emergency medical technician/paramedic,” and “emergency medical technician/intermediate paramedic,” and “emergency medical technician” mean a person who has been trained in advanced emergency medical care, employed in that capacity, and certified by the appropriate governmental certifying authority in the District of Columbia or in any state to:
(1) Carry out all phases of basic life support;
(2) Administer drugs under the written or oral authorization, including via telecommunication, of a licensed physician;
(3) Administer intravenous solutions under the written or oral authorization, including via telecommunication, of a licensed physician; and
(4) Carry out, either directly or via telecommunication instructions from a licensed physician, certain other phases of advanced life support as authorized by the appropriate governmental certifying authority.
§ 7-403. Seeking health care for an overdose victim.
(a) Notwithstanding any other law, the offenses listed in subsection (b) of this section shall not be considered crimes and shall not serve as the sole basis for revoking or modifying a person’s supervision status:
(1) For a person who:
(A) Reasonably believes that he or she is experiencing a drug or alcohol-related overdose and in good faith seeks health care for or administers an opioid antagonist to himself or herself;
(B) Reasonably believes that another person is experiencing a drug or alcohol-related overdose and in good faith seeks healthcare for or administers an opioid antagonist to that person;
(C) Is reasonably believed to be experiencing a drug or alcohol- related overdose and for whom health care is sought or to whom an opioid antagonist is administered; or
(D) Is a bystander to a situation described in subparagraph (A), (B), or (C) of this paragraph; and
(2) The offense listed in subsection (b) of this section arises from the same circumstances as the seeking of health care under paragraph (1) of this subsection.
(b) The following offenses apply to subsection (a) of this section:
(1) Unlawful possession of a controlled substance prohibited by § 48-904.01(d);
(2) Unlawful use or possession with intent to use drug paraphernalia as prohibited by § 48-1103(a);
(3) Repealed;
(4) Possession of alcohol by persons under 21 years of age as prohibited by § 25-1002; and
(5) Provided that the minor is at least 16 years of age and the provider is 25 years of age or younger:
(A) Purchasing an alcoholic beverage for the purpose of delivering it to a person under 21 years of age as prohibited by § 25-785(a);
(B) Contributing to the delinquency of a minor with regard to possessing or consuming alcohol or, without a prescription, a controlled substance as prohibited by § 22-811(a)(2) and subject to the penalties provided in § 22-811(b)(1); and
(C) The sale or delivery of an alcoholic beverage to a person under 21 years of age as prohibited by § 25-781(a)(1).
(c) The seeking of health care or administration of an opioid antagonist under subsection (a) of this section, whether or not presented by the parties, may be considered by the court as a mitigating factor in any criminal prosecution or sentencing for an offense that is not listed in subsection (b) of this section.
(d) This section does not prohibit a person from being arrested, charged, or prosecuted, or from having his or her supervision status modified or revoked, based on an offense other than an offense listed in subsection (b) of this section, whether or not the offense arises from the same circumstances as the seeking of health care.
(e) A law enforcement officer who arrests an individual for an offense listed in subsection (b) of this section shall not be subject to criminal prosecution, or civil liability for false arrest or false imprisonment, if the officer made the arrest based on probable cause.
(f) Notwithstanding any other law, it shall not be considered a crime for a person to possess or administer an opioid antagonist, nor shall such person be subject to civil liability in the absence of gross negligence, if he or she administers the opioid antagonist:
(1) In good faith to treat a person who he or she reasonably believes is experiencing an overdose;
(2) Outside of a hospital or medical office; and
(3) Without the expectation of receiving or intending to seek compensation for such service and acts.
(g) The Mayor shall compile and review overdose data to identify changes in the causes and rates of fatal and non-fatal overdoses in the District of Columbia and report the findings to the Council annually. The report may be part of existing mortality reports issued by the Office of the Chief Medical Examiner, and shall include enhanced data collection to measure the effect of this section. The report may include data on the following:
(1) Overdose deaths, including data separated by age, gender, ethnicity, and geographic location;
(2) Utilization of emergency rooms for the treatment of overdose;
(3) Utilization of pre-hospital services for the treatment of overdose;
(4) Utilization of opioid antagonists for preventing opioid overdose deaths;
(5) Utilization of 911 and other emergency service hotlines to seek and obtain health care for an individual experiencing an overdose; and
(6) Police arrests made in response to seeking health care for a person experiencing an overdose.
(h) The Department of Health shall educate the public on:
(1) The risk and frequency of overdose deaths;
(2) The prevention of overdoses and overdose deaths;
(3) The importance of seeking health care for individuals who are experiencing an overdose; and
(4) The provisions of this section, with a special emphasis on the education of subpopulations that may be at greater risk of experiencing or witnessing an overdose.
(i) For the purposes of this section, the term:
(1) “Good faith” under subsection (a) of this section does not include the seeking of health care as a result of using drugs or alcohol in connection with the execution of an arrest warrant or search warrant or a lawful arrest or search.
(2) “Opioid antagonist” means a drug, such as Naloxone, that binds to the opioid receptors with higher affinity than agonists but does not activate the receptors, effectively blocking the receptor, preventing the human body from making use of opiates and endorphins.
(3) “Overdose” means an acute condition of physical illness, coma, mania, hysteria, seizure, cardiac arrest, cessation of breathing, or death, which is or reasonably appears to be the result of consumption or use of drugs or alcohol and relates to an adverse reaction to or the quantity ingested of the drugs or alcohol, or to a substance with which the drugs or alcohol was combined.
(4) “Supervision status” means probation or release pending trial, sentencing, appeal, or completion of sentence, for a violation of District law.
§ 7-2502.01. Registration requirements.
(a) Except as otherwise provided in this unit, no person or organization in the District of Columbia (“District”) shall receive, possess, control, transfer, offer for sale, sell, give, or deliver any destructive device, and no person or organization in the District shall possess or control any firearm, unless the person or organization holds a valid registration certificate for the firearm. A registration certificate may be issued:
(1) To an organization if:
(A) The organization employs at least 1 commissioned special police officer or employee licensed to carry a firearm whom the organization arms during the employee’s duty hours; and
(B) The registration is issued in the name of the organization and in the name of the president or chief executive officer of the organization;
(2) In the discretion of the Chief of Police, to a police officer who has retired from the Metropolitan Police Department;
(3) In the discretion of the Chief of Police, to the Fire Marshal and any member of the Fire and Arson Investigation Unit of the Fire Prevention Bureau of the Fire Department of the District of Columbia, who is designated in writing by the Fire Chief, for the purpose of enforcing the arson and fire safety laws of the District of Columbia;
(4) To a firearms instructor, or to an organization that employs a firearms instructor, for the purpose of conducting firearms training; or
(5) To a person who complies with, and meets the requirements of, this unit.
(b) Subsection (a) of this section shall not apply to:
(1) Any law enforcement officer or agent of the District or the United States, or any law enforcement officer or agent of the government of any state or subdivision thereof, or any member of the armed forces of the United States, the National Guard or organized reserves, when such officer, agent, or member is authorized to possess such a firearm or device while on duty in the performance of official authorized functions;
(2) Any person holding a dealer’s license; provided, that the firearm or destructive device is:
(A) Acquired by such person in the normal conduct of business;
(B) Kept at the place described in the dealer’s license; and
(C) Not kept for such person’s private use or protection, or for the protection of his business;
(3) With respect to firearms, any nonresident of the District participating in any lawful recreational firearm-related activity in the District, or on his way to or from such activity in another jurisdiction; provided, that such person, whenever in possession of a firearm, shall upon demand of any member of the Metropolitan Police Department, or other bona fide law enforcement officer, exhibit proof that he is on his way to or from such activity, and that his possession or control of such firearm is lawful in the jurisdiction in which he resides; provided further, that such weapon shall be transported in accordance with § 22-4504.02;
(4) Any person who temporarily possesses a firearm registered to another person while in the home or place of business of the registrant; provided, that the person is not otherwise prohibited from possessing firearms and the person reasonably believes that possession of the firearm is necessary to prevent imminent death or great bodily harm to himself or herself; or
(5) Any person who temporarily possesses a firearm while participating in a firearms training and safety class conducted by a firearms instructor.
(c) For the purposes of subsection (b)(3) of this section, the term “recreational firearm-related activity” includes a firearms training and safety class.
§ 7-2502.02. Registration of certain firearms prohibited.
(a) A registration certificate shall not be issued for a:
(1) Sawed-off shotgun;
(2) Machine gun;
(3) Short-barreled rifle;
(4) Pistol not validly registered to the current registrant in the District prior to September 24, 1976, except that the prohibition on registering a pistol shall not apply to:
(A) Any organization that employs at least one commissioned special police officer or other employee licensed to carry a firearm and that arms the employee with a firearm during the employee’s duty hours;
(B) A police officer who has retired from the Metropolitan Police Department;
(C) Any person who seeks to register a pistol:
(i) For use in self-defense within that person’s home or place of business; or
(ii) As part of the application process for a license to carry a concealed pistol pursuant to § 7-2509.02; or
(D) A firearms instructor, or an organization that employs a firearms instructor, for the purpose of conducting firearms training.
(5) An unsafe firearm prohibited under § 7-2505.04;
(6) An assault weapon;
(7) A .50 BMG rifle; or
(8) Ghost gun.
(b) Repealed.
§ 7-2502.07. Issuance of registration certificate; time period; corrections.
(a) Upon receipt of a properly executed application for registration certificate, the Chief, upon determining through inquiry, investigation, or otherwise, that the applicant is entitled and qualified under the provisions of this unit, thereto, shall issue a registration certificate. Each registration certificate shall be in duplicate and bear a unique registration certificate number and such other information as the Chief determines is necessary to identify the applicant and the firearm registered. The duplicate of the registration certificate shall be delivered to the applicant and the Chief shall retain the original.
(b) The Chief shall approve or deny an application for a registration certificate within a 60-day period beginning on the date the Chief receives the application, unless good cause is shown, including nonreceipt of information from sources outside the District government; provided, that in the case of an application to register a firearm validly registered under prior regulations, the Chief shall have 365 days after the receipt of such application to approve or deny such application. The Chief may hold in abeyance an application where there is a revocation proceeding pending against such person or organization.
(c) Upon receipt of a registration certificate, each applicant shall examine same to ensure that the information thereon is correct. If the registration certificate is incorrect in any respect, the person or organization named thereon shall return it to the Chief with a signed statement showing the nature of the error. The Chief shall correct the error, if it occurred through administrative error. In the event the error resulted from information contained in the application, the applicant shall be required to file an amended application setting forth the correct information, and a statement explaining the error in the original application. Each amended application shall be accompanied by a fee equal to that required for the original application.
(d) In the event the Chief learns of an error in a registration certificate other than as provided in subsection (c) of this section, he may require the holder to return the registration certificate for correction. If the error resulted from information contained in the application, the person or organization named therein shall be required to file an amended application as provided in subsection (c) of this section.
(e) Each registration certificate issued by the Chief shall be accompanied by a statement setting forth the registrant’s duties under this unit.
(f) In the discretion of the Chief of Police, a registration certificate may be issued to a retired police officer who is a resident of the District of Columbia for a pistol and ammunition which conforms to the Metropolitan Police Department General Orders and policies.
(g) When the retired police officer ceases to be a resident of the District of Columbia the registration certificate expires.
(h) Nothing in this unit shall create an entitlement to a registration certificate for a retired police officer. If the Chief of Police denies a retired police officer’s registration certificate application, the Chief of Police shall state the reasons for the denial in writing.
(i) The District of Columbia shall not incur any liability by reason of the issuance or denial of a certificate, nor for any use made of the registered firearm.
§ 7-2502.08. Duties of registrants.
(a) Each person or organization holding a registration certificate (for purposes of this section, “registrant”) shall:
(1) Notify the Chief in writing of the loss, theft, or destruction of the registration certificate or of a registered firearm (including the circumstances, if known) immediately upon discovery of such loss, theft, or destruction;
(2) Notify the Chief in writing within 30 days of a change in the registrant’s name or address as it appears on the registration certificate;
(3) Notify the Chief in writing of the sale, transfer, or other disposition of the firearm within 2 business days of such sale, transfer, or other disposition. The notification shall include:
(A) The identification of the registrant, the firearm, and the serial number of the registration certificate;
(B) The name, address, and date of birth of the person to whom the firearm has been sold or transferred; and
(C) Whether the firearm was sold or how it was otherwise transferred or disposed of.
(b) Each registrant shall return to the Chief the registration certificate for any firearm which is lost, stolen, destroyed, sold, or otherwise transferred or disposed of, at the time the registrant notifies the Chief of such loss, theft, destruction, sale, transfer, or other disposition.
(c) Each registrant shall have in the registrant’s possession, whenever in possession of a firearm, the registration certificate, or exact photocopy thereof, for such firearm, and exhibit the same upon the demand of a member of the Metropolitan Police Department, or other law enforcement officer.
(d) The duties set forth in subsections (a) through (c) of this section are in addition to any other requirements imposed by this unit or other applicable law.
(e)
(1) A registrant shall be subject to a civil fine of $100 for the first violation or omission of the duties and requirements imposed by this section.
(2) A registrant shall be subject to a civil fine of $500 for the second violation or omission of the duties and requirements imposed by this section, a registrant’s registration certificates shall be revoked, and the registrant shall be prohibited from possessing or registering any firearm for a period of 5 years.
(3) A registrant shall be subject to a civil fine of $1,000 for the third violation or omission of the duties and requirements imposed by this section, a registrant’s registration certificates shall be revoked, and the registrant shall be prohibited from possessing or registering any firearm.
(4) For the purposes of this subsection, “a violation or omission” that applies to multiple firearms shall constitute a single violation or omission if the violation or omission pertaining to each firearm arose from the same occurrence.
(5) The penalties prescribed in § 7-2507.06 shall not apply to a violation or omission of the duties and requirements imposed by this section.
§ 7-2502.12. Definition of self-defense sprays.
For the purposes of §§ 7-2502.12 through 7-2502.14, the term:
“Self-defense spray” means a mixture of a lacrimator including chloroacetophenone, alphacloracetophenone, phenylchloromethylketone, orthochlorobenazalm-alononitrile or oleoresin capsicum.
§ 7-2502.13. Possession of self-defense sprays.
(a) Notwithstanding the provisions of § 7-2501.01(7)(C), a person may possess and use a self-defense spray in the exercise of reasonable force in defense of the person or the person’s property only if it is propelled from an aerosol container, labeled with or accompanied by clearly written instructions as to its use, and dated to indicate its anticipated useful life.
(b) No person shall possess a self-defense spray which is of a type other than that specified in §§ 7-2502.12 to 7-2502.14.
§ 7-2502.15. Possession of stun guns.
(a) No person under 18 years of age shall possess a stun gun in the District; provided, that brief possession for self-defense in response to an immediate threat of harm shall not be a violation of this subsection.
(b) No person who possesses a stun gun shall use that weapon except in the exercise of reasonable force in defense of person or property.
(c) Unless permission specific to the individual and occasion is given, no person, except a law enforcement officer as defined in § 7-2509.01, shall possess a stun gun in the following locations:
(1) A building or office occupied by the District of Columbia, its agencies, or instrumentalities;
(2) A penal institution, secure juvenile residential facility, or halfway house;
(3) A building or portion thereof, occupied by a children’s facility, preschool, or public or private elementary or secondary school; or
(4) Any building or grounds clearly posted by the owner or occupant to prohibit the carrying of a stun gun.
§ 7-2506.01. Persons permitted to possess ammunition.
(a) No person shall possess ammunition in the District of Columbia unless:
(1) He is a licensed dealer pursuant to subchapter IV of this unit;
(2) He is an officer, agent, or employee of the District of Columbia or the United States of America, on duty and acting within the scope of his duties when possessing such ammunition;
(3) He is the holder of a valid registration certificate for a firearm pursuant to subchapter II of this chapter; except, that no such person shall possess one or more restricted pistol bullets;
(4) He holds an ammunition collector’s certificate on September 24, 1976; or
(5) He temporarily possesses ammunition while participating in a firearms training and safety class conducted by a firearms instructor.
(b) No person in the District shall possess, sell, or transfer any large capacity ammunition feeding device regardless of whether the device is attached to a firearm. For the purposes of this subsection, the term “large capacity ammunition feeding device” means a magazine, belt, drum, feed strip, or similar device that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition. The term “large capacity ammunition feeding device” shall not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition.
§ 7-2507.02. Responsibilities regarding storage of firearms; penalties.
(a) It shall be the policy of the District of Columbia that each registrant should keep any firearm in his or her possession unloaded and either disassembled or secured by a trigger lock, gun safe, locked box, or other secure device.
(b) No person shall store or keep any firearm on any premises under his control if he knows or reasonably should know that a minor is likely to gain access to the firearm without the permission of the parent or guardian of the minor unless such person:
(1) Keeps the firearm in a securely locked box, secured container, or in a location which a reasonable person would believe to be secure; or
(2) Carries the firearm on his person or within such close proximity that he can readily retrieve and use it as if he carried it on his person.
(c)
(1) A person who violates subsection (b) of this section is guilty of criminally negligent storage of a firearm and, except as provided in paragraph (2) of this subsection, shall be fined not more than $1,000, imprisoned not more than 180 days, or both.
(2) A person who violates subsection (b) of this section and the minor causes injury or death to himself or another shall be fined not more than $5,000, imprisoned not more than 5 years, or both.
(3) The provisions of paragraphs (1) and (2) of this subsection shall not apply if the minor obtains the firearm as a result of an unlawful entry or burglary to any premises by any person.
(c-1) The provisions of § 7-2507.06 shall not apply to this section.
(d) For the purposes of this section, the term “minor” shall mean a person under the age of 18 years.
§ 7-2507.05. Voluntary surrender of firearms, destructive devices, or ammunition; immunity from prosecution; determination of evidentiary value of firearm.
(a)
(1) If a person or organization within the District voluntarily and peaceably delivers and abandons to the Chief any firearm, destructive device, or ammunition at any time, such delivery shall preclude the arrest and prosecution of such person on a charge of violating any provision of this chapter, with respect to the firearm, destructive device, or ammunition delivered and abandoned.
(2) Delivery and abandonment under this section may be made at any police district, station, or central headquarters, or by summoning a police officer to the person’s residence or place of business.
(3) Every firearm to be delivered and abandoned to the Chief under this section shall be transported in accordance with § 22-4504.02.
(4) No person who delivers and abandons a firearm, destructive device, or ammunition under this section shall be required to furnish identification, photographs, or fingerprints.
(5) No amount of money shall be paid for any firearm, destructive device, or ammunition delivered and abandoned under this section.
(b) Whenever any firearm, destructive device, or any ammunition is surrendered under this section, § 7-2502.10(c)(1), or § 7-2510.09(c), the Chief shall inquire of the United States Attorney’s Office and the Office of Attorney General whether such firearm is needed as evidence; provided, that if the same is not needed as evidence, it shall be destroyed.
§ 7-2509.04. Duties of licensees.
(a) A licensee shall comply with all limits and conditions of the license.
(b) A licensee shall notify the Chief in writing:
(1) Immediately upon discovery of the loss, theft, or destruction of the license and include the circumstances of the loss, theft, or destruction, if known; and
(2) Within 30 days after a change in the licensee’s name or address as it appears on the license.
(c) A licensee shall have on or about his or her person each time the pistol is carried in the District:
(1) The license; and
(2) The registration certificate for the pistol being carried, issued pursuant to this unit.
(d) If a law enforcement officer initiates an investigative stop of a licensee carrying a concealed pistol pursuant to § 22-4506, the licensee, and any other licensee carrying a concealed pistol pursuant to § 22-4506 who is with the stopped licensee at the time of the investigative stop, shall:
(1) Disclose to the officer that he or she is carrying a concealed pistol;
(2) Present the license and registration certificate;
(3) Identify the location of the concealed pistol; and
(4) Comply with all lawful orders and directions from the officer, including allowing a pat down of his or her person and permitting the law enforcement officer to take possession of the pistol for so long as is necessary for the safety of the officer or the public.
(e) The duties set forth in this section are in addition to any other requirements imposed by this unit or applicable law.
(f) In addition to any other penalty provided by law, a person who violates this
section shall be subject to revocation of his or her license.
§ 7-2509.06. Carrying a pistol while impaired.
(a) A licensee shall not carry a pistol while he or she is consuming alcohol.
(b) A licensee shall not carry a pistol while impaired.
(c) Upon establishing reasonable suspicion that a licensee has been consuming drugs or alcohol, a licensee’s failure to submit to one or more field sobriety, breathalyzer, or urine tests, administered to determine whether the licensee is impaired while carrying a pistol, shall be grounds for summary suspension of the license pursuant to § 7-2509.05(b).
(d) In addition to any other penalty provided by law, any person who violates this section shall be subject to revocation of his or her license.
(e) For the purposes of this section, the term “impaired” means a licensee has consumed alcohol or other drug or drugs and that it has affected the licensee’s behavior in a way that can be perceived or noticed.
§ 7-2509.07. Prohibitions on carrying licensed pistols.
(a) No person holding a license shall carry a pistol in the following locations or under the following circumstances:
(1) A building or office occupied by the District of Columbia, its agencies, or instrumentalities;
(2) The building and grounds, including any adjacent parking lot, of an childcare facility, preschool, public or private elementary or secondary school; or a public or private college or university;
(3) A hospital, or an office where medical or mental health services are the primary services provided;
(4) A penal institution, secure juvenile residential facility, or halfway house;
(5) A polling place while voting is occurring;
(6) A public transportation vehicle, including the Metrorail transit system and its stations;
(7) Any premises, or portion thereof, where alcohol is served, or sold and consumed on the premises, pursuant to a license issued under Title 25; provided, that this prohibition shall not apply to premises operating under a temporary license issued pursuant to § 25-115, a C/R, D/R, C/H, D/H or caterer license issued pursuant to § 25-113, or premises with small-sample tasting permits issued pursuant to § 25-118, unless otherwise prohibited pursuant to subsection (b)(3) of this section;
(8) A stadium or arena;
(9) A gathering or special event open to the public; provided, that no licensee shall be criminally prosecuted unless:
(A) The organizer or the District has provided notice prohibiting the carrying of pistols in advance of the gathering or special event and by posted signage at the gathering or special event; or
(B) The licensee has been ordered by a law enforcement officer to leave the area of the gathering or special event and the licensee has not complied with the order;
(10) The public memorials on the National Mall and along the Tidal Basin, and any area where firearms are prohibited under federal law or by a federal agency or entity, including U.S. Capitol buildings and grounds;
(11) The White House Complex and its grounds up to and including to the curb of the adjacent sidewalks touching the roadways of the area bounded by Constitution Avenue, N.W., 15th Street, N.W., H Street, N.W., and 17th Street, N.W.;
(12) The U.S. Naval Observatory and its fence line, including the area from the perimeter of its fence up to and including to the curb of the adjacent sidewalks touching the roadway of Observatory Circle, from Calvert Street, N.W., to Massachusetts Avenue, N.W., and around Observatory Circle to the far corner of Observatory Lane;
(13)
(A) When a dignitary or high-ranking official of the United States or a state, local, or foreign government is moving under the protection of the MPD, the U.S. Secret Service, the U.S. Capitol Police, or other law enforcement agency assisting or working in concert with MPD, within an area designated by the Chief, the Chief of the U.S. Secret Service, or the Chief of the U.S. Capitol Police, or a designee of any of the foregoing, that does not include any point at a distance greater than 1,000 feet from the moving dignitary or high-ranking official; provided, that no licensee shall be criminally prosecuted unless:
(i) The law enforcement agency provides notice of the designated area by the presence of signs, law enforcement vehicles or officers acting as a perimeter, or other means to make the designated area of protection obvious;
(ii) The District or federal government has provided notice prohibiting the carrying of pistols along a designated route or in a designated area in advance of the event, if possible, and by posted signage along a route or in a designated area; or
(iii) The licensee has been ordered by a law enforcement officer to leave the designated area and the licensee has not complied with the order.
(B) For the purposes of this paragraph, the term “moving” shall include any planned or unplanned stops, including temporary stops, in locations open to the public.
(14) When demonstration in a public place is occurring, within an area designated by the Chief or his or her designee, or other law enforcement agency, that does not include any point at a distance greater than 1,000 feet from the demonstration; provided, that no licensee shall be criminally prosecuted unless:
(A) The law enforcement agency provides notice of the designated area by the presence of signs, law enforcement vehicles or officers acting as a perimeter, or other means to make the designated area of the demonstration obvious;
(B) The District or federal government has provided notice prohibiting the carrying of pistols along or within a demonstration route or designated area in advance of the event, if possible, and by posted signage along a demonstration route or designated area; or
(C) The licensee has been ordered by a law enforcement officer to leave the designated area and the licensee has not complied with the order; or
(15) Any prohibited location or circumstance that the Chief determines by rule; provided, that for spontaneous circumstances, no criminal penalty shall apply unless the licensee has notice of the prohibition and has failed to comply.
(b)
(1) The carrying of a concealed pistol on private residential property shall be presumed to be prohibited unless otherwise authorized by the property owner or person in control of the premises and communicated personally to the licensee in advance of entry onto the residential property.
(2) The carrying of a concealed pistol in a church, synagogue, mosque, or other place where people regularly assemble for religious worship shall be presumed to be prohibited unless the property is posted with conspicuous signage allowing the carrying of a concealed pistol, or the owner or authorized agent communicates such allowance personally to the licensee in advance of entry onto the property; provided, that such places may not authorize the carrying of a concealed pistol where services are conducted in locations listed in subsection (a) of this section.
(3) The carrying of a concealed pistol on private property that is not a residence shall be presumed to be permitted unless the property is posted with conspicuous signage prohibiting the carrying of a concealed pistol, or the owner or authorized agent communicates such prohibition personally to the licensee.
(c) Whenever a licensee carries a concealed pistol and approaches any prohibited location, or is subject to any prohibited circumstance, under subsection (a) or (b) of this section, the licensee shall:
(1) If the licensee is in a vehicle or if a vehicle is readily available, immediately secure the pistol in the manner prescribed in § 22-4504.02(b); or
(2) If the licensee does not have a vehicle available, immediately leave the prohibited location or circumstance.
(d) A licensee shall not be in violation of this section:
(1) While he or she is traveling along a public sidewalk that touches the perimeter of any of the premises where the carrying of a concealed pistol is prohibited under subsection (a) and subsection (b) of this section, except for the areas designated in subsection (a)(11) and (a)(12), or along a public street, roadway, or highway if the concealed pistol is carried on his or her person in accordance with this unit, or is being transported by the licensee in accordance with § 22-4504.02; or
(2) While driving a vehicle into and immediately parking at any location listed in subsection (a)(2) of this section for the purpose of picking up or dropping off a student or a child; provided, that the licensee shall secure the concealed pistol in accordance with § 22-4504.02(b), before leaving the parked vehicle.
(e) A licensee shall not carry a pistol openly or otherwise in a manner that is not concealed.
(f) In addition to any other penalty provided by law, any person who violates this section shall be subject to revocation of his or her license.
(g) For the purposes of this section, the term:
(1) “Demonstration” means one or more persons demonstrating, picketing, speechmaking, marching, holding a vigil, or engaging in any other similar conduct that involves the communication or expression of views or grievances and that has the effect, intent, or propensity to attract a crowd or onlookers. The term “demonstration” does not include the casual use of property by visitors or tourists that does not have the effect, intent, or propensity to attract a crowd or onlookers.
(2) “Public place” means a place to which the general public has access and a right to occupy for business, entertainment, or other lawful purpose. The term “public place” is not limited to a place devoted solely to the uses of the public, and includes:
(A) The front or immediate area or parking lot of a store, restaurant, tavern, shopping center, or other place of business;
(B) A public building, including its grounds and curtilage;
(C) A public parking lot;
(D) A public street, sidewalk, or right-of-way;
(E) A public park; and
(F) Other public grounds.
(3) “Public transportation vehicle” means any publicly owned or operated commercial vehicle, including any DC Circulator bus, DC Streetcar, MetroAccess vehicle, Metrobus, or Metrorail train.
(4) “Residence” means a building wholly or partly used or intended to be used for living and sleeping by human occupants, together with any fences, walls, sheds, garages, or other accessory buildings appurtenant to the building, and the area of land surrounding the building and actually or by legal construction forming one enclosure in which such a building is located, but does not include adjacent common areas or commercial property contained in any part of the building.
§ 7-2510.01. Definitions.
For the purposes of this subchapter, the term:
(1) “Extreme risk protection order” means an order issued, pursuant to this subchapter, by a judge of the Superior Court of the District of Columbia prohibiting a respondent from having possession or control of, purchasing, or receiving any firearm, ammunition, registration certificate, license to carry a concealed pistol, or dealer’s license.
(2) “Petitioner” means a person who petitions the Superior Court of the District of Columbia for an extreme risk protection order under this subchapter and is:
(A) Related to the respondent by blood, adoption, guardianship, marriage, domestic partnership, having a child in common, cohabitating, or maintaining a romantic, dating, or sexual relationship;
(B) A sworn member of the Metropolitan Police Department; or
(C) A mental health professional, as that term is defined in § 7-1201.01(11).
(3) “Respondent” means a person against whom an extreme risk protection order is sought.
§ 7-2510.02. Petitions for extreme risk protection orders.
(a) A petitioner may petition the Superior Court for the District of Columbia for a final extreme risk protection order. A petition filed under this section shall:
(1) Be in writing;
(2) State facts in support of the claim that the respondent poses a significant danger of causing bodily injury to self or others by having possession or control of, purchasing, or receiving any firearm or ammunition;
(3) To the best of the petitioner’s knowledge, identify the number, types, and locations of any firearms or ammunition the petitioner believes to be in the respondent’s possession, control, or ownership; and
(4) Repealed.
(5) Be served on the Office of the Attorney General.
(b) A petitioner may file a petition under this section regardless of whether there is any other pending suit, complaint, petition, or other action between the parties.
(c)
(1) The Office of the Attorney General may:
(A) Intervene in the case and represent the interests of the District of Columbia; or
(B) At the request of the petitioner, provide individual legal representation to the petitioner in proceedings under this subchapter.
(2) If the Office of the Attorney General intervenes in a case under paragraph (1)(A) of this subsection, the intervention shall continue until:
(A) The court denies the petition for a final extreme risk protection order pursuant to § 7-2510.03;
(B) The court terminates a final extreme risk protection order pursuant to § 7-2510.08; or
(C) The Office of the Attorney General withdraws from the intervention.
(d) The court may place any record or part of a proceeding related to the issuance, renewal, or termination of an extreme risk protection order under seal for good cause shown.
(e) When computing a time period specified in this subchapter, or in an order issued under this subchapter:
(1) Stated in days or a longer unit of time:
(A) Exclude the day of the event that triggers the time period;
(B) Count every day, including intermediate Saturdays, Sundays and legal holidays; and
(C) Include the last day of the time period, but if the last day of the time period specified falls on a Saturday, Sunday, a legal holiday, or a day on which weather or other conditions cause the court to be closed, the time period specified shall continue to run until the end of the next day that is not a Saturday, Sunday, legal holiday, or a day on which weather or other conditions cause the court to be closed.
(2) Stated in hours:
(A) Begin counting immediately on the occurrence of the event that triggers the time period;
(B) Count every hour, including hours during intermediate Saturdays, Sundays, and legal holidays; and
(C) If the time period would end on a Saturday, Sunday, legal holiday, or a day on which weather or other conditions cause the court to be closed, the time period shall continue to run until the same time on the next day that is not a Saturday, Sunday, legal holiday, or a day on which weather or other conditions cause the court to be closed.
§ 7-2510.03. Final extreme risk protection orders.
(a)
(1) Upon receipt of a petition filed pursuant § 7-2510.02, the court shall order that a hearing be held to determine whether to issue a final extreme risk protection order against the respondent.
(2) The initial hearing shall be held within 14 days after the date the petition was filed.
(b)
(1) Personal service of the notice of hearing and petition shall be made upon the respondent by a Metropolitan Police Department officer not fewer than 7 days before the hearing.
(2) If the respondent is unable to be personally served, the court shall set a new hearing date and require additional attempts to accomplish personal service.
(3) If the respondent is unable to be personally served after the court has set a new hearing date and required new attempts at service pursuant to aragraph (2) of this subsection, the court may dismiss the petition without prejudice.
(c) If the court issues an ex parte extreme risk protection order pursuant to § 7-2510.04, the ex parte extreme risk protection order shall be served concurrently with the notice of hearing and petition described in subsection (b)(1) of this section.
(d) Upon receipt of a petition filed under § 7-2510.02, and for good cause shown, the court shall issue such orders as may be necessary to obtain any mental health records and other information relevant for the purposes of the petition. The order shall require the disclosure of records to the Office of the Attorney General so that it can conduct a search of the respondent’s mental health records and report its findings to the court as required by this subsection. Before the hearing for a final extreme risk protection order, the court shall order that the Office of the Attorney General:
(1) Conduct a reasonable search of all available records to determine whether the respondent owns any firearms or ammunition;
(2) Conduct a reasonable search of all available records of the respondent’s mental health;
(3) Perform a national criminal history and firearms eligibility background check on the respondent; and
(4) Submit its findings under this subsection to the court.
(e) In determining whether to issue a final extreme risk protection order pursuant to this section, the court shall consider any exhibits, affidavits, supporting documents, and all other relevant evidence, including:
(1) Any history or pattern of threats of violence, or acts of violence, by the respondent directed toward themselves or others;
(2) Any recent threats of violence, or acts of violence, by the respondent directed toward themselves or others;
(3) The respondent’s acquisition of any firearms, ammunition, or other deadly or dangerous weapons within one year before the filing of the petition;
(4) The unlawful or reckless use, display, or brandishing of a firearm or other weapon by the respondent;
(5) Respondent’s criminal history;
(6) Respondent’s violation of a court order;
(7) Evidence of the respondent experiencing a mental health crisis, or other dangerous mental health issues; and
(8) Respondent’s use of a controlled substance, as that term is defined in § 48-901.02(4).
(f) The court shall, before issuing a final extreme risk protection order, examine any witnesses under oath.
(g) The court shall issue a final extreme risk protection order if the petitioner establishes by a preponderance of the evidence that the respondent poses a significant danger of causing bodily injury to self or others by having possession or control of, purchasing, or receiving any firearm or ammunition.
(h) A final extreme risk protection order issued under this section shall state:
(1) That the respondent is prohibited from having possession or control of, purchasing, or receiving any firearm, ammunition, registration certificate, license to carry a concealed pistol, or dealer’s license for one year after the date and time the order was issued;
(2) The date and time the order was issued;
(3) The date and time the order will expire;
(4) The grounds upon which the order was issued;
(5) The procedures for the:
(A) Renewal of a final extreme risk protection order pursuant to § 7-2510.06;
(B) Surrender of firearms, ammunition, registration certificates, licenses to carry a concealed pistol, or dealer’s licenses in the respondent’s possession, control, or ownership pursuant to § 7-2510.07; and
(C) Termination of a final extreme risk protection order pursuant to § 7-2510.08; and
(6) That the respondent may seek the advice of an attorney as to any matter connected with this subchapter.
(i) A final extreme risk protection order issued pursuant to this section shall expire one year after the issuance of the order, unless the order is terminated pursuant to § 7-2510.08 before its expiration.
§ 7-2510.04. Ex parte extreme risk protection orders.
(a) When filing a petition for a final extreme risk protection order, a petitioner may also request that an ex parte extreme risk protection order be issued without notice to the respondent.
(b) The court may hold a hearing on any request for an ex parte extreme risk protection order filed under this section.
(c) In determining whether to issue an ex parte extreme risk protection order pursuant to this section, the court shall consider any exhibits, affidavits, supporting documents, and all other relevant evidence, including:
(1) Any history or pattern of threats of violence, or acts of violence, by the respondent directed toward themselves or others;
(2) Any recent threats of violence, or acts of violence, by the respondent directed toward themselves or others;
(3) The respondent’s acquisition of any firearms, ammunition, or other deadly or dangerous weapons within one year before the filing of the petition;
(4) The unlawful or reckless use, display, or brandishing of a firearm or other weapon by the respondent;
(5) Respondent’s criminal history;
(6) Respondent’s violation of a court order;
(7) Evidence of the respondent experiencing a mental health crisis, or other dangerous mental health issues; and
(8) Respondent’s use of a controlled substance, as that term is defined in § 48-901.02.
(d) The court may grant a request under this section based solely on an affidavit or sworn testimony of the petitioner.
(e) The court shall issue an ex parte extreme risk protection order if the petitioner establishes that there is probable cause to believe that the respondent poses a significant danger of causing bodily injury to self or others by having possession or control of, purchasing, or receiving any firearm or ammunition.
(f) If the petitioner requests that the court issue an ex parte extreme risk protection order pursuant to this section, the court shall grant or deny the request on the same day that the request was made, unless the request is filed too late in the day to permit effective review, in which case the court shall grant or deny the request the next day the court is open.
(g) An ex parte extreme risk protection order shall state:
(1) That the respondent is prohibited from having possession or control of, purchasing, or receiving any firearm, ammunition, registration certificate, license to carry a concealed pistol, or dealer’s license while the order is in effect;
(2) The date and time the order was issued;
(3) The date and time the order will expire;
(4) The grounds upon which the order was issued;
(5) The time and place of the hearing to determine whether to issue a final extreme risk protection order;
(6) That following the hearing, the court may issue a final extreme risk protection order that will be in effect for up to one year;
(7) The procedures for the surrender of firearms, ammunition, registration certificates, licenses to carry a concealed pistol, or dealer’s licenses in the respondent’s possession, control, or ownership pursuant to § 7-2510.07; and
(8) That the respondent may seek the advice of an attorney as to any matter connected with this subchapter, and that the attorney should be consulted promptly so that the attorney may assist the respondent in any matter connected with the ex parte extreme risk protection order.
(h) An ex parte extreme risk protection order issued pursuant to this section shall remain in effect for an initial period not to exceed 14 days. The court may extend an ex parte extreme risk protection order in additional 14-day increments for good cause shown.
(i) The court shall terminate an ex parte extreme risk protection order in effect against the respondent at the time the court grants or denies the petition for a final extreme risk protection order.
§ 7-2510.05. Service of extreme risk protection orders.
(a)
(1) Except as provided in subsection (b) of this section, an extreme risk protection order issued pursuant to § 7-2510.03 or § 7-2510.04, or renewed pursuant to § 7-2510.06, shall be personally served upon the respondent by a sworn member of the Metropolitan Police Department.
(2) The court shall submit a copy of extreme risk protection order to the Metropolitan Police Department on or before the next day after the issuance of the order for service upon the respondent. Service of an extreme risk protection order shall take precedence over the service of other documents, unless the other documents are of a similar emergency nature.
(3) If the Metropolitan Police Department cannot complete personal service upon the respondent within 7 days after receiving an order from the court under paragraph (2) of this subsection, the Metropolitan Police Department shall notify the petitioner.
(4) Within 24 hours after service, the Metropolitan Police Department shall submit proof of service to the court.
(b) If the respondent was personally served in court when the extreme risk protection order was issued, the requirements of subsection (a) of this section shall be waived.
§ 7-2510.07. Surrender of firearms, ammunition, registration certificates, licenses to carry a concealed pistol, and dealer’s licenses.
(a) Repealed;
(b) A Metropolitan Police Department officer serving an extreme risk protection order shall:
(1) Request that all firearms, ammunition, registration certificates, licenses to carry a concealed pistol, and dealer’s licenses be immediately surrendered; and
(2) Take possession of all firearms, ammunition, registration certificates, licenses to carry a concealed pistol, and dealer’s licenses in the respondent’s possession, control, or ownership that are surrendered or discovered pursuant to a lawful search.
(c) A Metropolitan Police Department officer serving an extreme risk protection order shall:
(1) At the time of surrender or removal, the Metropolitan Police Department officer taking possession of a firearm, ammunition, registration certificate, license to carry a concealed pistol, or dealer’s license pursuant to an extreme risk protection order shall make a record identifying all firearms, ammunition, registration certificates, licenses to carry a concealed pistol, and dealer’s licenses that have been surrendered or removed and provide a receipt to the respondent.
(2) Within 72 hours after serving an extreme risk protection order, the officer shall file a copy of the receipt provided to the respondent pursuant to paragraph (1) of this subsection with the court and the Chief of Police.
(d) If a person other than the respondent claims title to any firearm or ammunition surrendered or removed pursuant to this section, and he or she is determined by the Metropolitan Police Department to be the lawful owner of the firearm or ammunition, the firearm or ammunition shall be returned to him or her; provided, that the firearm or ammunition is removed from the respondent’s possession or control, and the lawful owner agrees to store the firearm or ammunition in a manner such that the respondent does not have possession or control of the firearm or ammunition.
(e) The Metropolitan Police Department may charge the respondent a fee not to exceed the actual costs incurred by the Metropolitan Police Department for storing any firearms or ammunition surrendered or removed pursuant to this section for the duration of the extreme risk protection order, including a renewal of the extreme risk protection order, and up to 6 months after the date the order expires or is terminated.
(f) A Metropolitan Police Department officer serving an extreme risk protection order shall:
(1) At the time of surrender or removal, the Metropolitan Police Department officer taking possession of a firearm, ammunition, registration certificate, license to carry a concealed pistol, or dealer’s license pursuant to an extreme risk protection order shall make a record identifying all firearms, ammunition, registration certificates, licenses to carry a concealed pistol, and dealer’s licenses that have been surrendered or removed and provide a receipt to the respondent. If a respondent peaceably surrenders any firearms or ammunition pursuant to this section, such surrender shall preclude the arrest and prosecution of the respondent for violating, with respect to the firearms or ammunition surrendered:
(A) Section 7-2506.01; and
(B) Sections 22-4503 and 22-4504(a) and (a-1).
(2) The surrender of any firearm or ammunition pursuant to this section shall not constitute a voluntary surrender for the purposes § 7-2507.05.
§ 7-2510.10. Recording requirements.
(a) The Metropolitan Police Department shall:
(1) Maintain a searchable database of extreme risk protection orders issued, terminated, and renewed pursuant to this subchapter; and
(2) Make the information maintained in paragraph (1) of this subsection available to the Superior Court of the District of Columbia, the Office of the Attorney General, and any other relevant law enforcement, pretrial, corrections, or community supervision agency upon request.
(b) The Mayor, or the Mayor’s designee, shall immediately submit information about extreme risk protection orders issued, renewed, or terminated pursuant to this subchapter to the National Instant Criminal Background Check System for the purposes of firearm purchaser background checks.
§ 7-2510.11. Violation of an extreme risk protection order.
(a) A person violates an extreme risk protection order if, after receiving actual notice of being subject to an extreme risk protection order, the person knowingly has possession or control of, purchases, or receives a firearm or ammunition.
(b) A person convicted of violating an extreme risk protection order shall be:
(1) Fined no more than the amount set forth in § 22-3571.01, or incarcerated for no more than 180 days, or both; and
(2) Prohibited from having possession or control of, purchasing, or receiving a firearm or ammunition for a period of 5 years after the date of conviction.
(c) A violation of an extreme risk protection order shall not be considered a:
(1) Weapons offense; or
(2) Gun offense, as that term is defined in § 7-2508.01(3).
§ 7-2510.12. Law enforcement to retain other authority.
Nothing in this subchapter shall be construed to affect the ability of a law enforcement officer, as that term is defined in § 7-2509.01(3), to remove firearms or ammunition from any person pursuant to other lawful authority.
§ 8-802. Enforcement of regulations.
(a)
(1) The Mayor of the District of Columbia (“Mayor”) shall enforce Chapter 10A of this title and Chapter 10B of this title, §§ 601, 603, 604, 605, 606(a), (c), and (h), 607(a), (b), (c), (d), (e), (f), (g), (h), and (j), 608(a), 609(a), and 612 of Chapter 3 in Title 8 of the District of Columbia Health Regulations, enacted June 29, 1971 (Reg. 71-21; 21 DCMR 700.1 et seq.), §§ 3, 4, 5, 6, and 7 of Solid Waste Collection: Containers to be Used, effective February 21, 1973 (19 DCR 497; 21 DCMR 708), and a number of rules recorded in § 2221.6, 2407.12, and 2407.13 of 18 DCMR, §§ 108, 900.7, 900.8, 900.9, 900.10, 1000, 1002, 1008, 1009, 2001.3, 2010 of 24 DCMR, and any rules relating to signs on public space, public buildings, or other property owned or controlled by the District issued pursuant to §§ 1-303.21 and 1-303.23.
(2) Violations of the regulations listed in paragraph (1) of this subsection shall be subject to the civil administrative system and the civil sanctions provided in this chapter.
(b) The adjudication system shall comply with Chapter 5 of Title 2 [§ 2-501 et seq.].
§ 8-1802. Animal Care and Control Agency.
(a) The Mayor may contract, either by negotiation or competitive bid, with a District of Columbia humane organization to serve as the Animal Care and Control Agency. The Mayor may delegate all or part of his authority under this subchapter, including the issuance of notices of violations, to the Animal Care and Control Agency.
(b) The Animal Care and Control Agency shall:
(1) Pursuant to this subchapter, issue fines and citations for violations and deliver all fees collected to the Mayor.
(2) Allow the Mayor or the Mayor’s designee to inspect the Animal Care and Control Agency to determine compliance with District laws, regulations, policies, and contractual obligations;
(3) Ensure that all contractually required records are accurate, easily accessible, and available at all times;
(4) Immediately inform the Mayor or the Mayor’s designee of any significant changes in its operations or leadership;
(5) Respond to all animal calls and emergencies in the District; and
(6) Perform any other duties the Mayor designates that are consistent with the provisions of this subchapter.
(c) The Animal Care and Control Agency shall promote:
(1) The reduction of euthanasia of animals for which medical treatment or adoption is possible; and
(2) The utilization of trap, spay or neuter, and return practices as a means of controlling the feral cat population; provided, that all efforts shall be made to adopt out a trapped, tamable kitten.
§ 8-1808. Prohibited conduct.
(a)
(1) An owner or custodian shall not allow his or her animal to go at large.
(2) If a dog injures a person while at large, lack of knowledge of the dog’s vicious propensity standing alone shall not absolve the owner from a finding of negligence.
(b) A person shall not knowingly and falsely deny ownership or custodianship of an animal.
(c)
(1) An owner or custodian shall not leave his or her animal outdoors without human accompaniment or adequate shelter for more than 15 minutes during periods of extreme weather, unless the age, condition, and type of each animal allows the animal to withstand extreme weather.
(2) Paragraph (1) of this subsection shall not apply to cats.
(d) A person shall not remove the license of a dog without the permission of its owner.
(e) A dog shall not be permitted on any school ground or on any public recreation area, other than a dog park, unless the dog is on a leash, tether, or otherwise under adequate means of control of a person capable of physically restraining it.
(f)
(1) A person shall not separate a puppy or a kitten from its mother until the puppy or kitten is at least 6 weeks of age.
(2) Paragraph (1) of this subsection shall not apply in cases where a mother poses a danger to its offspring.
(g) A person shall not give, sell, or offer for sale a puppy or kitten under 6 weeks of age, unless the puppy’s or kitten’s mother is given or sold to the same person as the puppy or kitten.
(h)
(1) A person shall not change the natural color of a baby chicken, duckling, other fowl, or rabbit.
(2) A person shall not sell or offer for sale a baby chicken, duckling, other fowl, or rabbit that has had its natural color changed.
(i) A person shall not sell or offer for sale a rabbit under the age of 16 weeks or a chick or duck under the age of 8 weeks except for agricultural or scientific purposes.
(j)
(1) Except as provided in this subsection, a person shall not import into the District, possess, display, offer for sale, trade, barter, exchange, or adoption, or give as a household pet, any living member of the animal kingdom, including those born or raised in captivity, except the following:
(A) Domestic dogs, excluding hybrids with wolves, coyotes, or jackals;
(B) Domestic cats, excluding hybrids with ocelots or margays;
(C) Domesticated rodents and rabbits;
(D) Captive-bred species of common cage birds, including chickens;
(E) Non-venomous snakes, fish, and turtles, traditionally kept in the home for pleasure rather than for commercial purposes;
(F) Ferrets; and
(G) Racing pigeons, when kept in compliance with permit requirements.
(2) A person may offer any of the species enumerated in paragraph (1) of this subsection to a public zoo, park, or museum for exhibition purposes.
(3) This section shall not apply to federally licensed animal exhibitors; provided, that the Mayor shall retain the authority to restrict the movement of any prohibited animal into the District and the conditions under which those movements are made.
(4) The Mayor may allow a licensed wildlife rehabilitator, licensed veterinarian, or licensed animal shelter to maintain an animal prohibited in this subsection for treatment or pending appropriate disposition.
(5) The Mayor shall allow goats and sheep to be temporarily imported into the District and possessed for the purposes of eating grass, milking and shearing demonstrations, participating in yoga or similar activities, being on display in temporary pettings zoos for the enjoyment and education of District youth, and any other activities approved by the Department of Health through regulation. The Department of Health may issue rules to protect the safety of the goats and sheep.
(k)
(1) A person shall not sponsor, promote, train an animal to participate in, contribute to the involvement of an animal in, or attend as a spectator, any activity or event in which any animal engages in unnatural behavior, is wrestled or fought, mentally or physically harassed, or displayed in such a way that the animal is struck, abused, or mentally or physically stressed or traumatized, or is induced, goaded, or encouraged to perform or react through the use of chemical, mechanical, electrical, or manual devices, in a manner that will cause, or is likely to cause, physical or other injury or suffering.
(2) The prohibitions set forth in paragraph (1) of this subsection shall apply to any event or activity at a public or private facility or property, and are applicable regardless of the purpose of the event or activity and whether a fee is charged to spectators of the event or activity.
(l)
(1) An owner or custodian of a dog shall not direct, encourage, cause, allow, aid, or assist that dog to threaten, charge, bite, or attack a person or other animal, except that an owner or custodian may keep a properly trained dog on private property to defend the property and its occupants from intruders, and may order a dog to defend a person under attack.
(2) Paragraph (1) of this subsection shall not apply to dogs that work for the Metropolitan Police Department or any other law enforcement agency.
(m) A person shall not display, exhibit, or otherwise move animals in the District as part of a circus, carnival, or other special performance or event, without first obtaining a permit, issued by the Mayor, that governs the care and management of the animals.
(n) An owner or custodian shall not neglect to provide his or her animal with adequate care, adequate feed, adequate shelter, adequate space, and adequate water.
(o) A person shall not take actions that intentionally harm, or that the person should know are likely to cause harm to, an animal.
(p)
(1) An owner or custodian shall not abandon an animal in his or her possession.
(2) An owner who transfers ownership of an animal or releases the animal to the Animal Care and Control Agency shall not be liable for abandonment.
§ 8-1813. Notice of violation.
(a) The Mayor may issue a notice of violation to any person who violates a provision of this subchapter.
(b) A notice of violation shall:
(1) State the nature of the violation; and
(2) Describe the procedures provided in this section.
(c) A notice of violation shall be the summons and complaint for the purposes of this subchapter.
(d) A person shall answer a notice of violation within 15 days by:
(1) Depositing and forfeiting collateral in an amount established by the Superior Court of the District of Columbia; or
(2) Depositing collateral in an amount established by the Superior Court of the District of Columbia and requesting, through the issuing agency, a trial in Court.
(e) The Mayor shall prescribe the form for the notice of violation and establish procedures for the administrative control of the notice of violation.
§ 9-631. Definitions.
For the purposes of this chapter, the term:
(1) “Block party” means an activity of a recreational or civic nature sponsored by the residents of a neighborhood, for which the residents seek to close a block of a street in their neighborhood and for which there is no admission or entrance fee.
(2) “Department” means the District Department of Transportation.
§ 9-632. Block party application and requirements.
(a) The Department shall create a block party application and make it available for in-person pickup and through a Transportation Online Permitting System.
(b)
(1) A District resident, 21 years or older, may submit a block party application and request a street closing for the purpose of holding a block party. The street closure shall:
(A) Not be greater than one block;
(B) Not last longer than 12 hours; and
(C) End by 10 p.m.
(2) All activity for a block party shall conclude by 10 p.m.
(c) The block party application shall:
(1) Be completed on the form provided by the Department;
(2) Identify the street name and cross streets of the block to be closed; and
(3) Include a list of at least 51% of the residents, owners, or businesses abutting the section of the street requested to be closed who have consented to the block party.
(d) The applicant shall submit a completed block party application to the Department either online or in person.
§ 10-1141.03. Permits for the occupation of public space, public rights of way, and public structures.
(a) The Mayor may issue permits to occupy or otherwise use public rights of way, public space, and public structures pursuant to this subchapter for any purpose, including the use of the foregoing for conduits, including conduits which occupy public space, or a public right of way on April 9, 1997.
(b) The Mayor may issue permits to occupy public space, public rights of way, and public structures pursuant to this subchapter without regard to whether the permittee owns the property abutting the public space, public right of way, or public structure which is the subject of the permit. The permits shall be subject to the terms and conditions set forth in any agreement entered into by the Mayor and the permittee to carry out the purposes of this subchapter, and to any regulations promulgated pursuant to this subchapter.
(c) The Mayor may revoke any permit issued pursuant to this subchapter at any time. In the event the Mayor requires any permittee to vacate all or any part of any public space, public right of way, or public structure for which a permit charge has been paid, the Mayor shall refund as much of the prepaid charge as may represent that portion of the permit which has been revoked.
(d) Public space, public rights of way, and public structures which are the subject of a permit issued pursuant to this subchapter may be leased or subleased only with the express consent of the Mayor.
(e) Upon the expiration or revocation of any permit issued pursuant to this subchapter, the Mayor may require, at the expense of the permittee, the immediate removal of any apparatus, structure, or device affixed or erected in public space or on a public right of way, or on a public structure, and the restoration of the public space, public right of way, or public structure to its condition prior to the issuance of the permit. If the permittee does not comply with the requirements of this section, the Mayor may remove any of the permittee’s property and the cost of such removal shall be borne by the permittee.
(f) The Mayor shall require permittees blocking a sidewalk, bicycle lane, or other pedestrian or bicycle path to provide a safe accommodation for pedestrians and bicyclists.
§ 16–1001. Definitions.
For the purposes of this subchapter, the term:
(1) “Attorney General” means the Attorney General for the District of Columbia.
(2) “Court” means the Superior Court of the District of Columbia.
(3) “Custodian” shall have the meaning as provided in § 16-2301(12).
(4) “Domestic partnership” shall have the same meaning as provided in § 32-701(4).
(5) “Domestic Violence Division” means any subdivision of the court designated by court rule, or by order of the Chief Judge of the court, to hear proceedings under this subchapter.
(5A) “Family member” means a person:
(A) To whom the offender is related by blood, adoption, legal custody, marriage, or domestic partnership; or
(B) Who is the child of an intimate partner.
(5B)
(A) “Household member” means a person with whom, in the past year, the offender:
(i) Shares or has shared a mutual residence; and
(ii) Has maintained a close relationship, beyond mere acquaintances, rendering application of the statute appropriate.
(B) For the purposes of this paragraph, the term “close relationship” does not include a relationship based solely on a landlord-tenant relationship.
(6) [Repealed].
(6A) “Intimate partner” means a person:
(A) To whom the offender is or was married;
(B) With whom the offender is or was in a domestic partnership;
(C) With whom the offender has a child in common; or
(D) With whom the offender is, was, or is seeking to be in a romantic, dating, or sexual relationship.
(7) [Repealed].
(8) “Intrafamily offense” means:
(A) An offense punishable as a criminal offense against an intimate partner, a family member, or a household member; or
(B) An offense punishable as cruelty to animals, under § 22-1001 or § 22-1002, against an animal that an intimate partner, family member, or household member owns, possesses, or controls.
(9) [Repealed].
(10) “Judicial officer” means the Chief Judge, an Associate Judge, a Senior Judge, or a Magistrate Judge of the court.
(11) “Minor” means a person under 18 years of age.
(12) “Petitioner” means the person for whom a civil protection order is sought under this subchapter.
(13) “Respondent” means any person 13 years of age or older against whom a petition for civil protection is filed under this subchapter.
(14) “Sexual assault” shall have the same meaning as provided in § 23-1907(9).
§ 16–1003. Petition for civil protection order; representation.
(a) A person 16 years of age or older may petition the Domestic Violence Division for a civil protection order against a respondent who has allegedly committed or threatened to commit:
(1) An intrafamily offense, where the petitioner is the victim, or, if the offense is punishable under § 22-1001 or § 22-1002, where the victim is an animal that the petitioner owns, possesses, or controls;
(2) Sexual assault, where the petitioner is the victim;
(3) Trafficking in labor or commercial sex acts, as described in § 22-1833, where the petitioner is the victim; or
(4) Sex trafficking of children, as described in § 22-1834, where the petitioner is the victim.
(b) A minor who is at least 13 years of age but less than 16 years of age may petition the Domestic Violence Division for a civil protection order against a respondent who has allegedly committed or threatened to commit:
(1) An intrafamily offense, where the petitioner is the victim, or, if the offense is punishable under § 22-1001 or § 22-1002, where the victim is an animal that the petitioner owns, possesses, or controls; provided, that the petitioner is an intimate partner;
2) Sexual assault, where the petitioner is the victim; provided, that the respondent does not have a significant relationship, as that term is defined in § 22-3001(10), with the petitioner; or
(3) Sex trafficking of children, as described in § 22-1834, where the petitioner is the victim.
(c) A minor who is less than 13 years of age may not petition for a civil protection order on their own behalf.
(d)
(1) The parent, legal guardian, legal custodian, or physical custodian of a minor may file a petition for a civil protection order on a minor’s behalf.
(2) The following individuals may, at the request of a minor 13 years of age or older, file a petition for a civil protection order on the minor’s behalf:
(A) A person 18 years of age or older to whom the minor is related by blood, adoption, legal custody, physical custody, marriage, or domestic partnership; or
(B) A sexual assault youth victim advocate, as that term is defined in § 23-1907(14).
(e) A minor’s custodial parent, guardian, or custodian may not file a petition for a civil protection order against the minor.
(f)
(1) The Office of Attorney General may:
(A) If the petitioner is unable to petition on the petitioner’s own behalf, intervene in a case and represent the interests of the District of Columbia at the request of the petitioner, a person petitioning on the petitioner’s behalf, or a government agency; or
(B) At the request of the petitioner or a person petitioning on the petitioner’s behalf, provide individual legal representation to the petitioner in proceedings under this subchapter.
(2) If the Office of the Attorney General intervenes in a case under paragraph (1)(A) of this subsection, the intervention shall continue until:
(A) The court denies the petition for a civil protection order; or
(B) The Office of the Attorney General withdraws from the intervention.
(g) The Domestic Violence Division may appoint attorneys to represent a party if the party:
(1) Is a minor;
(2) Is not represented by an attorney; and
(3) The appointment would not unreasonably delay a determination on the issuance or denial of a temporary protection order or civil protection order.
(h) When computing a time period specified in this chapter or in an order issued under this chapter that is stated in days or a longer unit of time:
(1) Exclude the day of the event that triggers the time period;
(2) Count every day, including intermediate Saturdays, Sundays, and legal holidays; and
(3) Include the last day of the time period, but if the last day of the time period specified falls on a Saturday, Sunday, a legal holiday, or a day on which weather or other conditions cause the court to be closed, the time period specified shall continue to run until the end of the next day that is not a Saturday, Sunday, legal holiday, or a day on which weather or other conditions cause the court to be closed.
§ 16–1005. Hearing; evidence; protection order.
(a) Parties served with notice in accordance with § 16-1007 shall appear at the hearing.
(a-1)
(1) In a case in which the Attorney General intervenes pursuant to [§ 16-1003(f)(1)(A)], the petitioner is not a required party.
(2) In a case in which an individual described in § 16-1003(d)(1) petitioned on behalf of a minor petitioner under the age of 13, the minor petitioner is not a required party.
(3) In a case in which an individual described in § 16-1003(d)(2)(A) petitioned on behalf of a minor petitioner 13 years of age or older, the court shall consider the expressed wishes of the minor petitioner in deciding whether to issue an order pursuant to this section and in determining the contents of such an order.
(b) Notwithstanding section 14-306, in a hearing under this section, one spouse shall be a competent and compellable witness against the other and may testify as to confidential communications, but testimony compelled over a claim of a privilege conferred by such section shall be inadmissible in evidence in a criminal trial over the objection of a spouse entitled to claim that privilege.
(c) If, after a hearing, the judicial officer finds that there is good cause to believe the respondent has committed or threatened to commit a criminal offense against the petitioner or an animal the petitioner owns, possesses, or controls, or with the consent of both parties, the judicial officer may issue a civil protection order that:
(1) Directs the respondent to refrain from committing or threatening to commit criminal offenses against the petitioner and other individuals specified in the order;
(2) Requires the respondent to stay away from or have no contact with the petitioner and any other individuals or locations specified in the order;
(3) Requires the respondent to participate in psychiatric or medical treatment or appropriate counseling programs;
(4) Directs the respondent to refrain from entering, or to vacate, the dwelling unit of the petitioner when the dwelling is:
(A) Marital property of the parties;
(B) Jointly owned, leased, or rented and occupied by both parties; provided, that joint occupancy shall not be required if the respondent’s actions caused the petitioner to relinquish occupancy;
(C) Owned, leased, or rented by the petitioner individually; or
(D) Jointly owned, leased, or rented by the petitioner and a person other than the respondent;
(5) Directs the respondent to relinquish possession or use of certain personal property owned jointly by the parties or by the petitioner individually;
(6) Awards temporary custody of a minor child or children of the parties, provided that:
(A) If, after the hearing on the civil protection order, the judicial officer finds by a preponderance of the evidence that a contestant for custody has committed an intrafamily offense, any determination that custody is to be granted to the contestant who has committed the intrafamily offense shall be supported by a written statement by the judicial officer specifying factors and findings that support that determination; and.
(B) The parent who has committed the intrafamily offense shall have the burden of proving that custody will not endanger the child or significantly impair the child’s emotional development;
(7) Provides for visitation rights with appropriate restrictions to protect the safety of the petitioner, provided that:
(A) If, after the hearing on the civil protection order, the judicial officer finds by a preponderance of the evidence that a parent seeking visitation has committed an intrafamily offense, any determination that visitation is to be awarded to the parent who has committed the intrafamily offense shall be supported by a written statement by the judicial officer specifying factors and findings that support that determination, including how the child and custodial parent can be adequately protected from harm inflicted by the parent who has committed the intrafamily offense; and
(B) The parent who has committed the intrafamily offense shall have the burden of proving that visitation will not endanger the child or significantly impair the child’s emotional development;
(8) Awards costs and attorney fees;
(9) Orders the Metropolitan Police Department to take such action as the judicial officer deems necessary to enforce its orders;
(10) Directs the respondent to relinquish possession of any firearms or ammunition and prohibits the respondent from having possession or control of, purchasing, or receiving any firearm or ammunition while the protection order is in effect.
(10A) In connection with an animal owned, possessed, or controlled by the petitioner:
(A) Directs the ownership, possession, or control of the animal; or
(B) Orders the respondent to stay away from the animal and refrain from possessing, controlling, harming or threatening to harm, or otherwise disposing of the animal.
(11) Directs the respondent to perform or refrain from other actions as may be appropriate to the effective resolution of the matter; or
(12) Combines 2 or more of the preceding provisions.
(c-1) [Repealed].
(d) A civil protection order issued pursuant to this section shall remain in effect for an initial period not to exceed 2 years.
(d-1)
(1) A judicial officer may, upon motion of any party to the original proceeding, extend, modify, or vacate an order for good cause shown.
(2) Except as provided in paragraph (3) of this subsection, a finding that an order has been violated is not necessary for a finding of good cause to modify or extend an order.
(3) For each request for an extension, the judicial officer may extend an order for the period of time the judicial officer deems appropriate, but before granting any single extension longer than 2 years, the judicial officer shall find:
(A) That the respondent has violated the civil protection order;
(B) That prior to obtaining the order being extended, the petitioner had previously obtained a civil protection order or foreign protection order as that term is defined in subchapter IV of this chapter against the same respondent; or
(C) Other compelling circumstances related to the petitioner’s safety or welfare.
(e) Any final order issued pursuant to this section and any order granting or denying a motion to extend, modify, or vacate such order shall be appealable.
(f)
(1) Violation of any temporary protection order or civil protection order issued under this subchapter, or violation in the District of Columbia of any valid foreign protection order, as that term is defined in subchapter IV of this chapter, or respondent’s failure to appear as required by subsection (a) of this section, shall be punishable as criminal contempt.
(2) Upon conviction, criminal contempt shall be punished by a fine of not more than the amount set forth in § 22-3571.01, imprisonment for not more than 180 days, or both.
(g)
(1) Violation of any temporary protection order or civil protection order issued under this subchapter, or violation in the District of Columbia of any valid foreign protection order, as that term is defined in subchapter IV of this chapter, shall be chargeable as a misdemeanor.
(2) Upon conviction, violation of a temporary protection order, civil protection order, or a valid foreign protection order shall be punished by a fine of not more than the amount set forth in § 22-3571.01, imprisonment for not more than 180 days, or both.
(g-1)
(1) No person shall be found to violate a temporary protection order, civil protection order, or valid foreign protection order as described in subsection (f)(1) or (g)(1) of this section, unless the person was personally served with or received actual notice of the temporary protection order, civil protection order, or valid foreign protection order.
(2) Enforcement proceedings under subsection (f) or (g) of this section in which the respondent is a child, as that term is defined in § 16-2301(3), shall be governed by subchapter I of Chapter 23 of this title.
(h) For purposes of establishing a violation under subsections (f) and (g) of this section, an oral or written statement made by a person located outside the District of Columbia to a person located in the District of Columbia by means of telecommunication, mail, or any other method of communication shall be deemed to be made in the District of Columbia.
(i) Violations of protection orders entered with the consent of the respondent but without an admission that the conduct occurred shall be punishable under subsection (f), (g), or (g-1) of this section.
§ 16–1031. Arrests.
(a) A law enforcement officer shall arrest a person if the law enforcement officer has probable cause to believe that the person:
(1) Committed an intrafamily offense that resulted in physical injury, including physical pain or illness, regardless of whether or not the intrafamily offense was committed in the presence of the law enforcement officer; or
(2) Committed an intrafamily offense that caused or was intended to cause reasonable fear of imminent serious physical injury or death.
(b) The law enforcement officer shall present the person arrested under subsection (a) of this section to the United States Attorney for charging.
(c)
(1) Notwithstanding subsections (a) and (b) of this section, a law enforcement officer shall not be required to arrest a person who is under 18 years of age when there is probable cause to believe that the person has committed an intrafamily offense, where the victim of that offense is not an intimate partner, as that term is defined in § 16-1001(6A).
(2) If a person is not arrested under paragraph (1) of this section, the person shall be diverted to a program that provides behavioral health and community support services.
§ 16–2307. Transfer for criminal prosecution.
(a) Within twenty-one days (excluding Sundays and legal holidays) of the filing of a delinquency petition, or later for good cause shown, and prior to a factfinding hearing on the petition, the Corporation Counsel may file a motion, supported by a statement of facts, requesting transfer of the child for criminal prosecution, if —
(1) the child was fifteen or more years of age at the time of the conduct charged, and is alleged to have committed an act which would constitute a felony if committed by an adult;
(2) the child is sixteen or more years of age and is already under commitment to an agency or institution as a delinquent child;
(3) a minor eighteen years of age or older is alleged to have committed a delinquent act prior to having become eighteen years of age; or
(4) a child under 18 years of age is charged with the illegal possession or control of a firearm within 1000 feet of a public or private day care center, elementary school, vocational school, secondary school, college, junior college, or university, or any public swimming pool, playground, video arcade, or youth center, or an event sponsored by any of the above entities. For the purposes of this paragraph “playground” means any facility intended for recreation, open to the public, and with any portion of the facility that contains 1 or more separate apparatus intended for the recreation of children, including, but not limited to, sliding boards, swingsets, and teeterboards. For the purposes of this paragraph “video arcade” means any facility legally accessible to persons under 18 years of age, intended primarily for the use of pinball and video machines for amusement, and which contains a minimum of 10 pinball or video machines. For the purposes of this paragraph “youth center” means any recreational facility or gymnasium (including any parking lot appurtenant thereto), intended primarily for use by persons under 18 years of age, which regularly provide athletic, civic, or cultural activities.
(b) Following the filing of the motion by the Corporation Counsel, summonses shall be issued and served in conformity with the provisions of section 16-2306.
(c) When there are grounds to believe that the child is incompetent to proceed, the Division shall stay the proceedings for the purpose of obtaining an examination pursuant to Chapter 5A of Title 24 [§ 24-531.01 et seq.]. If the Division determines, pursuant to Chapter 5A of Title 24 [§ 24-531.01 et seq.], that the child is incompetent to proceed, the Division shall not proceed to a determination under subsection (d) of this section unless it subsequently has determined that the competency of the child has been restored.
(d)
(1)
(A) Except as provided in subsection (c) of this section, the Division shall conduct a hearing on each transfer motion to determine whether to transfer the child for criminal prosecution. The hearing shall be held within 30 days (excluding Sundays and legal holidays) after the filing of the transfer motion. Upon motion of the child or the Corporation Counsel, for good cause shown, the hearing may be continued for an additional period not to exceed 30 days (excluding Sundays and legal holidays). If the hearing commences more than 60 days (excluding Sundays and legal holidays) after the filing of the transfer motion, the Division must state in the order the extraordinary circumstances for the delay.
(B) The judicial decision whether to transfer the child shall be made within 30 days (excluding Sundays and legal holidays) after the conclusion of the transfer hearing. For good cause shown, the Division may extend the time in which to issue its decision by an additional period not to exceed 30 days (excluding Sundays and legal holidays).
(2)
(A) The Division shall order the transfer if it determines that it is in the interest of the public welfare and protection of the public security and there are no reasonable prospects for rehabilitation of the child.
(B) A statement of the Division’s reasons for ordering the transfer shall accompany the transfer order. The Division’s findings with respect to each of the factors set forth in subsection (e) of this section relating to the public welfare and protection of the public security shall be included in the statement. The statement shall be available upon request to any court in which the transfer is challenged, but shall not be available to the trier of fact of the criminal charge prior to verdict.
(e) Evidence of the following factors shall be considered in determining whether there are reasonable prospects for rehabilitating a child prior to his majority and whether it is in the interest of the public welfare to transfer for criminal prosecution:
(1) the child’s age;
(2) the nature of the present offense and the extent and nature of the child’s prior delinquency record;
(3) the child’s mental condition;
(4) the child’s response to past treatment efforts including whether the child has absconded from the legal custody of the Mayor or a juvenile institution;
(5) the techniques, facilities, and personnel for rehabilitation available to the Division and to the court that would have jurisdiction after transfer; and
(6) The potential rehabilitative effect on the child of providing parenting classes or family counseling for one or more members of the child’s family or for the child’s caregiver or guardian.
(e-1) For purposes of the transfer hearing the Division shall assume that the child committed the delinquent act alleged.
(e-2) There is a rebuttable presumption that a child 15 through 18 years of age who has been charged with any of the following offenses, should be transferred for criminal prosecution in the interest of public welfare and the protection of the public security:
(1) Murder, first degree sexual abuse, burglary in the first degree, robbery while armed, or assault with intent to commit any such offense;
(2) Any offense listed in paragraph (1) of this subsection and any other offense properly joinable with such an offense;
(3) Any crime committed with a firearm; or
(4) Any offense that if the child were charged as an adult would constitute a violent felony and the child has three or more prior delinquency adjudications.
(f) Prior to a transfer hearing, a study and report, in writing, relevant to the factors in subsection (e), shall be made by the Director of Social Services. This report and all social records that are to be made available to the judge at the transfer hearing shall be made available to counsel for the child and to the Corporation Counsel at least three days prior to the hearing.
(g) A judge who conducts a hearing pursuant to this section shall not, over the objection of the child for whom a motion to transfer was filed, participate in any subsequent factfinding proceedings relating to the offense.
(h) Transfer of a child for criminal prosecution terminates the jurisdiction of the Division over the child with respect to any subsequent delinquent act; except that jurisdiction of the Division over the child is restored if (1) the criminal prosecution is terminated other than by a plea of guilty, a verdict of guilty, or a verdict of not guilty by reason of insanity, and (2) at the time of the termination of the criminal prosecution no indictment or information has been filed for criminal prosecution for an offense alleged to have been committed by the child subsequent to transfer.
§ 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 the amount set forth in § 22-3571.01 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 the amount set forth in § 22-3571.01 or imprisoned for not more than 180 days, or both.
§ 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 willfully poisoning any well, spring, or cistern of water, shall be sentenced to imprisonment for not less than 2 years or more than 15 years
§ 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.
§ 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. In addition to any other penalty provided under this section, a person may be fined an amount not more than the amount set forth in § 22-3571.01.
§ 22-404. Assault or threatened assault in a menacing manner; stalking.
(1) Whoever unlawfully assaults, or threatens another in a menacing manner, shall be fined not more than the amount set forth in § 22-3571.01 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 the amount set forth in § 22-3571.01 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.
§ 22-404.01. Aggravated assault.
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.
§ 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 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 6 months or fined not more than the amount set forth in § 22-3571.01, 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 the amount set forth in § 22-3571.01, 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.
§ 22-405.01. Resisting arrest.
(a) For the purposes of this section, the term “law enforcement officer” shall have the same meaning as provided in § 22-405(a).
(b) Whoever without justifiable and excusable cause intentionally resists an arrest by an individual who he or she has reason to believe is a law enforcement officer or prevents that individual from making or attempting to make an arrest of or detain another person shall be guilty of a misdemeanor and, upon conviction, shall be imprisoned not more than 6 months or fined not more than the amount set forth in § 22-3571.01, or both.
(c) 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.
§ 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. In addition to any other penalty provided under this section, a person may be fined an amount not more than the amount set forth in § 22-3571.01.
§ 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 the amount set forth in § 22-3571.01 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.
§ 22-801. Burglary. 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.
§ 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 or elderly person, 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 or elderly person is guilty of criminal negligence.
§ 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 or elderly person to whom he has a duty of care with the express consent or in accordance with the practice of the vulnerable adult or elderly person.
§ 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.
§ 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.
§ 22-1101. Cruelty to Children 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.
§ 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 the amount set forth in § 22-3571.01, or by imprisonment in the Workhouse of the District of Columbia for not more than 3 months, or both such fine and imprisonment.
§ 22-1211. Tampering with a detection device.
(1) It is unlawful for a person who is required to wear a device while incarcerated or committed, while subject to a protection order, or while on pretrial release, presentence release, predisposition release, supervised release, probation, or parole 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;
(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; or
(C) Intentionally fail to charge the power for the device or otherwise maintain the device’s battery charge or power.
(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.
§ 22-1301. Affrays.
Whoever is convicted of an affray in the District shall be fined not more than the amount set forth in § 22-3571.01 or imprisoned not more than 180 days, or both.
§ 22-1307. Crowding, obstructing, or incommoding.
(a) It is unlawful for a person, alone or in concert with others:
(1) To crowd, obstruct, or incommode:
(A) The use of any street, avenue, alley, road, highway, or sidewalk;
(B) The entrance of any public or private building or enclosure;
(C) The use of or passage through any public building or public conveyance; or
(D) The passage through or within any park or reservation; and
(2) To continue or resume the crowding, obstructing, or incommoding after being instructed by a law enforcement officer to cease the crowding, obstructing, or incommoding.
(b)
(1) It is unlawful for a person, alone or in concert with others, to engage in a demonstration in an area where it is otherwise unlawful to demonstrate and to continue or resume engaging in a demonstration after being instructed by a law enforcement officer to cease engaging in a demonstration.
(2) For purposes of this subsection, the term “demonstration” means marching, congregating, standing, sitting, lying down, 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.
§ 22-1312. Lewd, indecent, or obscene acts; sexual proposal to a minor.
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 the amount set forth in § 22-3571.01, imprisoned for not more than 90 days, or both.
§ 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.
§ 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 with the intent and effect of impeding or disrupting the lawful use of a public conveyance by one or more other persons.
(c-1) It is unlawful for a person to engage in loud, threatening, or abusive language, or disruptive conduct in a public building with the intent and effect of impeding or disrupting the orderly conduct of business in that public building.
(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 the amount set forth in § 22-3571.01, imprisoned not more than 90 days, or both.
§ 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 the amount set forth in § 22-3571.01, 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 the amount set forth in § 22-3571.01, 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 the amount set forth in § 22-3571.01, or both.
§ 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 the amount set forth in § 22-3571.01, 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.
§ 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 more than the amount set forth in § 22-3571.01, for any person, not a member of the police force, to falsely represent himself as being such member, with a fraudulent design.
§ 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 the amount set forth in § 22-3571.01, imprisoned for not more than one year, or both.
§ 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 $1,000 or more, be guilty of a felony and fined not more than the amount set forth in § 22-3571.01 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 has some value, be guilty of a misdemeanor and fined not more than the amount set forth in § 22-3571.01 or imprisoned not more than 180 days, or both.
§ 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 more than the amount set forth in § 22-3571.01 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 more than the amount set forth in § 22-3571.01 or by imprisonment for not more than 5 years, or both.
§ 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 1/2 the maximum fine or imprisonment, or both, to which the principal offender may be subjected.
§ 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.
§ 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.
§ 22-1831. Human Trafficking 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.
§ 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.
§ 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.
