reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 22 - Criminal Offenses and Penalties › Chapter 35 - Vagrancy. [Repealed] › § 22–3505. Prosecutions. [Repealed]

§ 22–3505. Prosecutions. [Repealed]
Repealed.
(Dec. 17, 1941, 55 Stat. 810, ch. 589, § 4; Apr. 1, 1942, 56 Stat. 190, ch. 207, § 1; July 8, 1963, 77 Stat. 77, Pub. L. 88-60, § 1; July 29, 1970, 84 Stat. 570, Pub. L. 91-358, title I, § 155(a); May 21, 1994, D.C. Law 10-119, § 16(c), 41 DCR 1639; Dec. 10, 2009, D.C. Law 18-88, § 216, 56 DCR 7413.)
Prior Codifications
1981 Ed., § 22-3305.
1973 Ed., § 22-3305.
Emergency Legislation
For temporary (90 day) repeal, see § 216 of Omnibus Public Safety and Justice Emergency Amendment Act of 2009 (D.C. Act 18-181, August 6, 2009, 56 DCR 6903).
For temporary (90 day) repeal, see § 216 of Omnibus Public Safety and Justice Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-227, October 21, 2009, 56 DCR 8668).
2023 District of Columbia Code › Title 22 - Criminal Offenses and Penalties › Chapter 35 - Vagrancy. [Repealed] › § 22–3506. Right to strike or picket not abrogated. [Repealed]

§ 22–3506. Right to strike or picket not abrogated. [Repealed]
Repealed.
(Dec. 17, 1941, 55 Stat. 810, ch. 589, § 6; June 3, 1997, D.C. Law 11-275,§ 9(b), 44 DCR 1408; Dec. 10, 2009, D.C. Law 18-88, § 216, 56 DCR 7413.)
Prior Codifications
1981 Ed., § 22-3306.
1973 Ed., § 22-3306.
Emergency Legislation
For temporary (90 day) repeal, see § 216 of Omnibus Public Safety and Justice Emergency Amendment Act of 2009 (D.C. Act 18-181, August 6, 2009, 56 DCR 6903).
For temporary (90 day) repeal, see § 216 of Omnibus Public Safety and Justice Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-227, October 21, 2009, 56 DCR 8668).
2023 District of Columbia Code › Title 22 - Criminal Offenses and Penalties › Chapter 35B - Fines for Criminal Offenses › § 22–3571.02. Applicability of fine proportionality provision

§ 22–3571.02. Applicability of fine proportionality provision.
(a) Notwithstanding any other provision of law, a sentence to pay a fine under § 22-3571.01 shall be subject to the following:
(1) If a law setting forth the penalty for such an offense specifies a maximum fine that is lower than the fine otherwise applicable under § 22-3571.01 and such law, by specific reference, exempts the offense from the applicability of the fine otherwise applicable under § 22-3571.01, the defendant may not be fined more than the maximum amount specified in the law setting forth the penalty for the offense.
(2) If a law setting forth the penalty for such an offense specifies a maximum fine that is higher than the fine otherwise applicable under § 22-3571.01 and such law, by specific reference, exempts the offense from the applicability of the fine otherwise applicable under § 22-3571.01, the defendant may be fined the maximum amount specified in the law setting forth the penalty for the offense.
(3) If a law setting forth the penalty for such an offense specifies no fine and such law, by specific reference, does not exempt the offense from the fine otherwise applicable under § 22-3571.01, the defendant may be fined pursuant to § 22-3571.01.
(b)(1) If any person derives pecuniary gain from such an offense, or if the offense results in pecuniary loss to a person other than the defendant, the defendant may be fined not more than the greater of twice the gross gain or twice the gross loss.
(2) The court may impose a fine under this subsection in excess of the fine provided for by § 22-3571.01 only to the extent that the pecuniary gain or loss is both alleged in the indictment or information and is proven beyond a reasonable doubt.
(c) [This chapter and the provisions of D.C. Law 19-317] shall not apply to any provision of Title 11 of the District of Columbia Official Code.
(June 11, 2013, D.C. Law 19-317, § 102, 60 DCR 2064.)
Section References
This section is referenced in § 22-3571.01.
Emergency Legislation
For temporary (90 days) addition of this section, see § 102 of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300).
Editor's Notes
Applicability of D.C. Law 19-317: Section 401 of D.C. Law 19-317 provided that the act shall apply only to offenses committed on or after June 11, 2013.
2023 District of Columbia Code › Title 22 - Criminal Offenses and Penalties › Chapter 36 - Crimes Committed Against Certain Persons › § 22–3601. Enhanced penalty for crimes against senior citizen victims

§ 22–3601. Enhanced penalty for crimes against senior citizen victims.
(a) Any person who commits any offense listed in subsection (b) of this section against an individual who is 65 years of age or older, at the time of the offense, may be punished by a fine of up to 1 1/2 times the maximum fine otherwise authorized for the offense and may be imprisoned for a term of up to 1 1/2 times the maximum term of imprisonment otherwise authorized for the offense, or both.
(b) The provisions of subsection (a) of this section shall apply to the following offenses: Abduction, arson, aggravated assault, assault with a dangerous weapon, assault with intent to kill, commit first degree sexual abuse, or commit second degree sexual abuse, assault with intent to commit any other offense, burglary, carjacking, armed carjacking, extortion or blackmail accompanied by threats of violence, kidnapping, malicious disfigurement, manslaughter, mayhem, murder, robbery, sexual abuse in the first, second, and third degrees, theft, fraud in the first degree, and fraud in the second degree, identity theft, financial exploitation of a vulnerable adult or elderly person, or an attempt or conspiracy to commit any of the foregoing offenses.
(c) It is an affirmative defense that the accused knew or reasonably believed the victim was not 65 years old or older at the time of the offense, or could not have known or determined the age of the victim because of the manner in which the offense was committed. This defense shall be established by a preponderance of the evidence.
(Dec. 1, 1982, D.C. Law 4-164, § 201, 29 DCR 3976; Apr. 24, 2007, D.C. Law 16-306, § 220, 53 DCR 8610; Nov. 23, 2016, D.C. Law 21-166, § 2(c), 63 DCR 10733.)
Prior Codifications
1981 Ed., § 22-3901.
Effect of Amendments
D.C. Law 16-306 rewrote subsecs. (b) and (c).
Cross References
Attempt to commit robbery, see § 22-2802.
Extortion, see § 22-3251.
Fraud, see § 22-3221.
Robbery, see § 22-2801.
Theft, see § 22-3211.
Emergency Legislation
For temporary (90 day) amendment of section, see § 220 of Omnibus Public Safety Emergency Amendment Act of 2006 (D.C. Act 16-445, July 19, 2006, 53 DCR 6443).
For temporary (90 day) amendment of section, see § 220 of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-490, October 18, 2006, 53 DCR 8686).
For temporary (90 day) amendment of section, see § 220 of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-10, January 16, 2007, 54 DCR 1479).
For temporary (90 day) amendment of section, see § 220 of Omnibus Public Safety Second Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-25, April 19, 2007, 54 DCR 4036).
2023 District of Columbia Code › Title 22 - Criminal Offenses and Penalties › Chapter 36 - Crimes Committed Against Certain Persons › § 22–3602. Enhanced penalty for committing certain dangerous and violent crimes against a citizen patrol member

§ 22–3602. Enhanced penalty for committing certain dangerous and violent crimes against a citizen patrol member.
(a) For purposes of this section, the term “citizen patrol” means a group of residents of the District of Columbia organized for the purpose of providing additional security surveillance for certain District of Columbia neighborhoods with the goal of crime prevention. The term shall include, but is not limited to, Orange Hat Patrols, Red Hat Patrols, Blue Hat Patrols, or Neighborhood Watch Associations.
(b) Any person who commits any offense listed in subsection (c) of this section against a member of a citizen patrol (“member”) while that member is participating in a citizen patrol, or because of the member’s participation in a citizen patrol, may be punished with a fine up to 1 1/2 times the maximum fine otherwise authorized for the offense or may be imprisoned for a term of up to 1 1/2 times the maximum term of imprisonment otherwise authorized for this offense, or both.
(c) The provisions of subsection (b) of this section shall apply to the following offenses: taking or attempting to take property from another by force or threat of force, forcible rape, or assault with intent to commit forcible rape, murder, mayhem, kidnapping, robbery, burglary, voluntary manslaughter, extortion or blackmail accompanied by threats of violence, assault with a deadly weapon, simple assault, aggravated assault, or a conspiracy to commit any of the foregoing offenses as defined by an Act of Congress or law of the District of Columbia if the offense is punishable by imprisonment for more than 1 year.
(Dec. 1, 1982, D.C. Law 4-164, § 202; as added Aug. 20, 1994, D.C. Law 10-151, § 401, 41 DCR 2608.)
Prior Codifications
1981 Ed., § 22-3902.
Emergency Legislation
For temporary addition of section, see § 401 of the Omnibus Criminal Justice Reform Emergency Amendment Act of 1994 (D.C. Act 10-255, June 22, 1994, 41 DCR 4286).
2023 District of Columbia Code › Title 22 - Criminal Offenses and Penalties › Chapter 36A - Crimes Committed Against Minors › § 22–3611. Enhanced penalty for committing crime of violence against minors

§ 22–3611. Enhanced penalty for committing crime of violence against minors.
(a) Any adult, being at least 2 years older than a minor, who commits a crime of violence against that minor may be punished by a fine of up to 1 1/2 times the maximum fine otherwise authorized for the offense and may be imprisoned for a term of up to 1 1/2 times the maximum term of imprisonment otherwise authorized for the offense, or both.
(b) It is an affirmative defense that the accused reasonably believed that the victim was not a minor at the time of the offense. This defense shall be established by a preponderance of the evidence.
(c) For the purposes of this section, the term:
(1) “Adult” means a person 18 years of age or older at the time of the offense.
(2) “Crime of violence” shall have the same meaning as provided in § 23-1331(4).
(3) “Minor” means a person under 18 years of age at the time of the offense.
(Apr. 24, 2007, D.C. Law 16-306, § 102, 53 DCR 8610.)
Emergency Legislation
For temporary (90 day) addition, see § 102 of Omnibus Public Safety Emergency Amendment Act of 2006 (D.C. Act 16-445, July 19, 2006, 53 DCR 6443).
For temporary (90 day) addition, see § 102 of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-490, October 18, 2006, 53 DCR 8686).
For temporary (90 day) addition, see § 102 of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-10, January 16, 2007, 54 DCR 1479).
For temporary (90 day) addition, see § 102 of Omnibus Public Safety Second Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-25, April 19, 2007, 54 DCR 4036).
2023 District of Columbia Code › Title 22 - Criminal Offenses and Penalties › Chapter 37 - Bias-Related Crime › § 22–3702. Collection and publication of data

§ 22–3702. Collection and publication of data.
(a) The Metropolitan Police Department shall afford each crime victim the opportunity to submit with the complaint a written statement that contains information to support a claim that the designated act constitutes a bias-related crime.
(b) The Mayor shall collect and compile data on the incidence of bias-related crime.
(c) Data collected under subsection (b) of this section shall be used for research or statistical purposes and may not contain information that may reveal the identity of an individual crime victim.
(d) The Mayor shall publish an annual summary of the data collected under subsection (b) of this section and transmit the summary and recommendations based on the summary to the Council.
(May 8, 1990, D.C. Law 8-121, § 3, 37 DCR 27; May 15, 2021, D.C. Law 23-283, § 4(b), 68 DCR 764.)
Prior Codifications
1981 Ed., § 22-4002.
2023 District of Columbia Code › Title 22 - Criminal Offenses and Penalties › Chapter 37 - Bias-Related Crime › § 22–3703. Bias-related crime

§ 22–3703. Bias-related crime.
A person charged with and found guilty of a bias-related crime shall be fined not more than 11 /2 times the maximum fine authorized for the designated act and imprisoned for not more than 11 /2 times the maximum term authorized for the designated act.
(May 8, 1990, D.C. Law 8-121, § 4, 37 DCR 27.)
Prior Codifications
1981 Ed., § 22-4003.
2023 District of Columbia Code › Title 22 - Criminal Offenses and Penalties › Chapter 37 - Bias-Related Crime › § 22–3704. Civil action

§ 22–3704. Civil action.
(a) Irrespective of any criminal prosecution or the result of a criminal prosecution, any person who incurs injury to his or her person or property as a result of an intentional act that demonstrates an accused’s prejudice based on the actual or perceived race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, family responsibilities, homelessness, disability, matriculation, or political affiliation of a victim of the subject designated act shall have a civil cause of action in a court of competent jurisdiction for appropriate relief, which includes:
(1) An injunction;
(2) Actual or nominal damages for economic or non-economic loss, including damages for emotional distress;
(3) Punitive damages in an amount to be determined by a jury or a court sitting without a jury; or
(4) Reasonable attorneys’ fees and costs.
(b) In a civil action pursuant to subsection (a) of this section, whether an intentional act has occurred that demonstrates an accused’s prejudice based on the actual or perceived color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, family responsibilities, homelessness, disability, matriculation, or political affiliation of a victim of the subject designated act shall be determined by reliable, probative, and substantial evidence.
(c) The parent of a minor shall be liable for any damages that a minor is required to pay under subsection (a) of this section, if any action or omission of the parent or legal guardian contributed to the actions of the minor.
(May 8, 1990, D.C. Law 8-121, § 5, 37 DCR 27; Apr. 24, 2007, D.C. Law 16-305, § 37(b), 53 DCR 6198; June 25, 2008, D.C. Law 17-177, § 12(b), 55 DCR 3696; Dec. 10, 2009, D.C. Law 18-88, § 217(b), 56 DCR 7413; May 15, 2021, D.C. Law 23-283, § 4(c), 68 DCR 764.)
Prior Codifications
1981 Ed., § 22-4004.
Effect of Amendments
D.C. Law 16-305, in subsecs. (a) and (b), substituted “disability” for “handicap”.
D.C. Law 17-177, in subsec. (a), substituted “sexual orientation, gender identity or expression” for “sexual orientation”.
D.C. Law 18-88, in subsecs. (a) and (b), substituted “family responsibilities, homelessness,” for “family responsibilities,”.
Emergency Legislation
For temporary (90 day) amendment of section, see § 217(b) of Omnibus Public Safety and Justice Emergency Amendment Act of 2009 (D.C. Act 18-181, August 6, 2009, 56 DCR 6903).
For temporary (90 day) amendment of section, see § 217(b) of Omnibus Public Safety and Justice Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-227, October 21, 2009, 56 DCR 8668).
2023 District of Columbia Code › Title 22 - Criminal Offenses and Penalties › Chapter 37 - Bias-Related Crime › § 22–3705. Attorney General civil enforcement

§ 22–3705. Attorney General civil enforcement.
(a) The Attorney General may, irrespective of any criminal prosecution, the result of any criminal prosecution, or any cause of action brought pursuant to § 22-3704, bring, in the name of the District of Columbia, a civil action for appropriate relief whenever any person, whether or not acting under color of law:
(1) Commits a bias-related crime; or
(2) Through any act of violence, force, fraud, or intimidation:
(A) Interferes or attempts to interfere with an individual's exercise of any right secured by the United States Constitution or District law; or
(B) Deprives any individual of the equal protection of the United States Constitution or District law.
(b) In the course of an investigation to determine whether to seek relief under this section, the Attorney General may subpoena witnesses, administer oaths, require sworn written responses to written questions, examine an individual under oath, and compel production of records, books, papers, contracts, and other documents and materials, subject to the procedures in §§ 1-301.88d and 1-301.88e.
(c) Appropriate relief under this section may include:
(1) Injunctive relief;
(2) Actual or nominal damages for economic or non-economic loss, including damages for emotional distress;
(3) Punitive damages in an amount to be determined by a jury or a court sitting without a jury, which may include treble damages for any economic or non-economic loss the person suffered;
(4) Reasonable attorneys' fees and costs;
(5) A civil penalty of up to $10,000 per act giving rise to a cause of action under subsection (a) of this section; or
(6) Any other relief which the court determines proper.
(May 8, 1990, D.C. Law 8-121, § 6; as added May 15, 2021, D.C. Law 23-283, § 4(d), 68 DCR 764.)
2023 District of Columbia Code › Title 22 - Criminal Offenses and Penalties › Chapter 37A - Offenses Committed Against Taxicab Drivers and Certain Transit Workers › § 22–3751. Enhanced penalties for offenses committed against taxicab drivers

§ 22–3751. Enhanced penalties for offenses committed against taxicab drivers.
Any person who commits an offense listed in § 22-3752 against a taxicab driver who, at the time of the offense, has a current license to operate a taxicab in the District of Columbia or any United States jurisdiction and is operating a taxicab in the District of Columbia may be punished by a fine of up to one and 1 /2 times the maximum fine otherwise authorized for the offense and may be imprisoned for a term of up to one and 1 /2 times the maximum term of imprisonment otherwise authorized for the offense, or both.
(June 9, 2001, D.C. Law 13-307, § 2, 48 DCR 600; July 23, 2008, D.C. Law 17-206, § 2(a), 55 DCR 5168.)
Section References
This section is referenced in § 22-3752.
Effect of Amendments
D.C. Law 17-206, in the section name line, inserted “for offenses committed against taxicab drivers”; and substituted “operating” for “lawfully operating”.
2023 District of Columbia Code › Title 22 - Criminal Offenses and Penalties › Chapter 37A - Offenses Committed Against Taxicab Drivers and Certain Transit Workers › § 22–3751.01. Enhanced penalties for offenses committed against transit operators and Metrorail station managers

§ 22–3751.01. Enhanced penalties for offenses committed against transit operators and Metrorail station managers.
(a) Any person who commits an offense enumerated in § 22-3752 against a transit operator, who, at the time of the offense, is authorized to operate and is operating a mass transit vehicle in the District of Columbia, or against Metrorail station manager while on duty in the District of Columbia, may be punished by a fine of up to one and 1/2 times the maximum fine otherwise authorized for the offense and may be imprisoned for a term of up to one and 1/2 times the maximum term of imprisonment otherwise authorized by the offense, or both.
(b) For the purposes of this section, the term:
(1) “Mass transit vehicle” means any publicly or privately owned or operated commercial vehicle for the carriage of 6 or more passengers, including any Metrobus, Metrorail, Metroaccess, or DC Circulator vehicle or other bus, trolley, or van operating within the District of Columbia.
(2) “Metrorail station manager” means any Washington Metropolitan Area Transit Authority employee who is assigned to supervise a Metrorail station from a kiosk at that station.
(3) “Transit operator” means a person who is licensed to operate a mass transit vehicle.
(June 9, 2001, D.C. Law 13-307, § 2a; as added July 23, 2008, D.C. Law 17-206, § 2(b), 55 DCR 5168.)
Section References
This section is referenced in § 22-3752 and § 35-261.
2023 District of Columbia Code › Title 22 - Criminal Offenses and Penalties › Chapter 37A - Offenses Committed Against Taxicab Drivers and Certain Transit Workers › § 22–3752. Enumerated offenses

§ 22–3752. Enumerated offenses.
The provisions of §§ 22-3751 and 22-3751.01 shall apply to the following offenses or any attempt or conspiracy to commit any of the following offenses: murder, manslaughter, aggravated assault, assault with a dangerous weapon, mayhem or maliciously disfiguring, threats to do bodily harm, first degree sexual abuse, second degree sexual abuse, third degree sexual abuse, fourth degree sexual abuse, misdemeanor sexual abuse, robbery, carjacking, and kidnapping.
(June 9, 2001, D.C. Law 13-307, § 3, 48 DCR 600; July 23, 2008, D.C. Law 17-206, § 2(c), 55 DCR 5168.)
Section References
This section is referenced in § 22-3751 and § 22-3751.01.
Effect of Amendments
D.C. Law 17-206 rewrote the section which had read as follows: “The provisions of § 22-3751 shall apply to the following offenses: taking property from another by force or by threat of force, murder, attempted murder, first degree sexual abuse, second degree sexual abuse, attempted rape, carjacking, kidnapping, robbery, attempted robbery, assault with a dangerous weapon, and aggravated assault.”
2023 District of Columbia Code › Title 22 - Criminal Offenses and Penalties › Chapter 38 - Sexual Psychopaths › § 22–3801. Indecent acts with children [Repealed]

§ 22–3801. Indecent acts with children [Repealed]
Repealed.
(May 23, 1995, D.C. Law 10-257, § 501(b), 42 DCR 53.)
Prior Codifications
1981 Ed., §§ 22-3501, 22-3502.
Cross References
Furlough eligibility, convictions under this section, see § 24-251.02.
2023 District of Columbia Code › Title 22 - Criminal Offenses and Penalties › Chapter 38 - Sexual Psychopaths › § 22–3802. Sodomy [Repealed]

§ 22–3802. Sodomy [Repealed]
Repealed.
(May 23, 1995, D.C. Law 10-257, § 501(b), 42 DCR 53.)
Prior Codifications
1981 Ed., §§ 22-3501, 22-3502.
Cross References
Furlough eligibility, convictions under this section, see § 24-251.02.
2023 District of Columbia Code › Title 22 - Criminal Offenses and Penalties › Chapter 38 - Sexual Psychopaths › § 22–3803. Definitions

§ 22–3803. Definitions.
For the purposes of this chapter:
(1) The term “sexual psychopath” means a person, not insane, who by a course of repeated misconduct in sexual matters has evidenced such lack of power to control his or her sexual impulses as to be dangerous to other persons because he or she is likely to attack or otherwise inflict injury, loss, pain, or other evil on the objects of his or her desire.
(2) The term “court” means a court in the District of Columbia having jurisdiction of criminal offenses or delinquent acts.
(3) The term “patient” means a person with respect to whom there has been filed with the clerk of any court a statement in writing setting forth facts tending to show that such person is a sexual psychopath.
(4) The term “criminal proceeding” means a proceeding in any court against a person for a criminal offense, and includes all stages of such a proceeding from the time the person is indicted, charged by an information, or charged with a delinquent act, to the entry of judgment, or, if the person is granted probation, the completion of the period of probation.
(June 9, 1948, 62 Stat. 347, ch. 428, title II, § 201; June 25, 1948, 62 Stat. 991, ch. 646, § 32(b); May 24, 1949, 63 Stat. 107, ch. 139, § 127; July 8, 1963, 77 Stat. 77, Pub. L. 88-60, § 1; July 29, 1970, 84 Stat. 574, Pub. L. 91-358, title I, § 157(c)(1)(A), (B); May 21, 1994, D.C. Law 10-119, § 20(a), 41 DCR 1639.)
Prior Codifications
1981 Ed., § 22-3503.
1973 Ed., § 22-3503.
Section References
This section is referenced in § 22-4001 and § 22-4002.
2023 District of Columbia Code › Title 22 - Criminal Offenses and Penalties › Chapter 38 - Sexual Psychopaths › § 22–3804. Filing of statement

§ 22–3804. Filing of statement.
(a) Whenever it shall appear to the United States Attorney for the District of Columbia that any person within the District of Columbia, other than a defendant in a criminal proceeding, is a sexual psychopath, such Attorney may file with the clerk of the Superior Court of the District of Columbia a statement in writing setting forth the facts tending to show that such a person is a sexual psychopath.
(b) Whenever it shall appear to the United States Attorney for the District of Columbia that any defendant in any criminal proceeding prosecuted by such Attorney or any Assistant United States Attorney is a sexual psychopath, such Attorney may file with the clerk of the court in which such proceeding is pending a statement in writing setting forth the facts tending to show that such defendant is a sexual psychopath.
(c) Whenever it shall appear to any court that any defendant in any criminal proceeding pending in such court is a sexual psychopath, the court may, if it deems such procedure advisable, direct the officer prosecuting the defendant to file with the clerk of such court a statement in writing setting forth the facts tending to show that such defendant is a sexual psychopath.
(d) Any statement filed in a criminal proceeding pursuant to subsection (b) or (c) of this section may be filed only:
(1) Before trial;
(2) After conviction or plea of guilty but before sentencing; or
(3) After conviction or plea of guilty but before the completion of probation.
(e) This section shall not apply to an individual in a criminal proceeding who is charged with first degree sexual abuse, second degree sexual abuse, or assault with intent to commit first or second degree sexual abuse.
(June 9, 1948, 62 Stat. 348, ch. 428, title II, § 202; June 25, 1948, 62 Stat. 991, ch. 646, § 32(b); May 24, 1949, 63 Stat. 107, ch. 139, § 127; July 29, 1970, 84 Stat. 574, Pub. L. 91-358, title I, § 157(c) (2); May 21, 1994, D.C. Law 10-119, § 20(b), 41 DCR 1639; May 23, 1995, D.C. Law 10-257, § 401(d), 42 DCR 53.)
Prior Codifications
1981 Ed., § 22-3504.
1973 Ed., § 22-3504.
Section References
This section is referenced in § 22-3806 and § 22-3810.
2023 District of Columbia Code › Title 22 - Criminal Offenses and Penalties › Chapter 38 - Sexual Psychopaths › § 22–3805. Right to counsel

§ 22–3805. Right to counsel.
A patient shall have the right to have the assistance of counsel at every stage of the proceeding under this chapter. Before the court appoints psychiatrists pursuant to § 22-3806 it shall advise the patient of his or her right to counsel and shall assign counsel to represent him or her unless the patient is able to obtain counsel or elects to proceed without counsel.
(June 9, 1948, 62 Stat. 348, ch. 428, title II, § 203; May 21, 1994, D.C. Law 10-119, § 20(c), 41 DCR 1639.)
Prior Codifications
1981 Ed., § 22-3505.
1973 Ed., § 22-3505.
2023 District of Columbia Code › Title 22 - Criminal Offenses and Penalties › Chapter 38 - Sexual Psychopaths › § 22–3806. Examination by psychiatrists

§ 22–3806. Examination by psychiatrists.
(a) When a statement has been filed with the clerk of any court pursuant to § 22-3804, such court shall appoint 2 qualified psychiatrists to make a personal examination of the patient. The patient shall be required to answer questions asked by the psychiatrists under penalty of contempt of court. Each psychiatrist shall file a written report of the examination, which shall include a statement of his or her conclusion as to whether the patient is a sexual psychopath.
(b) The counsel for the patient shall have the right to inspect the reports of the examination of the patient. No such report and no evidence resulting from the personal examination of the patient shall be admissible against him or her in any judicial proceeding except a proceeding under this chapter to determine whether the patient is a sexual psychopath.
(June 9, 1948, 62 Stat. 348, ch. 428, title II, § 204; May 21, 1994, D.C. Law 10-119, § 20(d), 41 DCR 1639.)
Prior Codifications
1981 Ed., § 22-3506.
1973 Ed., § 22-3506.
Section References
This section is referenced in § 22-3805, § 22-3807, and § 22-3808.
2023 District of Columbia Code › Title 22 - Criminal Offenses and Penalties › Chapter 38 - Sexual Psychopaths › § 22–3807. When hearing is required

§ 22–3807. When hearing is required.
If, in their reports filed pursuant to § 22-3806, both psychiatrists state that the patient is a sexual psychopath, or if both state that they are unable to reach any conclusion by reason of the partial or complete refusal of the patient to submit to thorough examination, or if one states that the patient is a sexual psychopath and the other states that he or she is unable to reach any conclusion by reason of the partial or complete refusal of the patient to submit to thorough examination, then the court shall conduct a hearing in the manner provided in § 22-3808 to determine whether the patient is a sexual psychopath. If, on the basis of the reports filed, the court is not required to conduct such a hearing, the court shall enter an order dismissing the proceeding under this chapter determine whether the patient is a sexual psychopath.
(June 9, 1948, 62 Stat. 349, ch. 428, title II, § 205; May 21, 1994, D.C. Law 10-119, § 20(e), 41 DCR 1639.)
Prior Codifications
1981 Ed., § 22-3507.
1973 Ed., § 22-3507.
Section References
This section is referenced in § 22-3810.
2023 District of Columbia Code › Title 22 - Criminal Offenses and Penalties › Chapter 38 - Sexual Psychopaths › § 22–3808. Hearing; commitment

§ 22–3808. Hearing; commitment.
Upon the evidence introduced at a hearing held for that purpose, the court shall determine whether or not the patient is a sexual psychopath. Such hearing shall be conducted without a jury unless, before such hearing and within 15 days after the date on which the second report is filed pursuant to § 22-3806, a jury is demanded by the patient or by the officer filing the statement. The rules of evidence applicable in judicial proceedings in the court shall be applicable to hearings pursuant to this section; but, notwithstanding any such rule, evidence of conviction of any number of crimes the commission of which tends to show that the patient is a sexual psychopath and of the punishment inflicted therefor shall be admissible at any such hearing. The patient shall be entitled to an appeal as in other cases. If the patient is determined to be a sexual psychopath, the court shall commit him or her to an institution to be confined there until released in accordance with § 22-3809.
(June 9, 1948, 62 Stat. 349, ch. 428, title II, § 206; Nov. 8, 1984, 98 Stat. 3369, Pub. L. 98-621, § 10(t)(1); May 21, 1994, D.C. Law 10-119, § 20(f), 41 DCR 1639.)
Prior Codifications
1981 Ed., § 22-3508.
1973 Ed., § 22-3508.
Section References
This section is referenced in § 22-3807 and § 22-3810.
2023 District of Columbia Code › Title 22 - Criminal Offenses and Penalties › Chapter 38 - Sexual Psychopaths › § 22–3809. Parole; discharge

§ 22–3809. Parole; discharge.
Any person committed under this chapter may be released from confinement when an appropriate supervisory official finds that he or she has sufficiently recovered so as to not be dangerous to other persons, provided if the person to be released be one charged with crime or undergoing sentence therefor, that official shall give notice thereof to the judge of the criminal court and deliver him or her to the court in obedience to proper precept.
(June 9, 1948, 62 Stat. 349, ch. 428, title II, § 207; Nov. 8, 1984, 98 Stat. 3369, Pub. L. 98-621, § 10(t)(2); May 21, 1994, D.C. Law 10-119, § 20(g), 41 DCR 1639.)
Prior Codifications
1981 Ed., § 22-3509.
1973 Ed., § 22-3509.
Section References
This section is referenced in § 22-3808 and § 22-3810.
Cross References
Sex offenders, persons required to register, see § 24-4102.
2023 District of Columbia Code › Title 22 - Criminal Offenses and Penalties › Chapter 38 - Sexual Psychopaths › § 22–3810. Stay of criminal proceedings

§ 22–3810. Stay of criminal proceedings.
Any statement filed in a criminal proceeding pursuant to subsection (b) or (c) of § 22-3804 shall stay such criminal proceeding until whichever of the following first occurs:
(1) The proceeding under this chapter to determine whether the patient is a sexual psychopath is dismissed pursuant to § 22-3807 or withdrawn;
(2) It is determined pursuant to § 22-3808 that the patient is not a sexual psychopath; or
(3) The patient is discharged from an institution pursuant to § 22-3809.
(June 9, 1948, 62 Stat. 349, ch. 428, title II, § 208; Nov. 8, 1984, 98 Stat. 3369, Pub. L. 98-621, § 10(t)(3).)
Prior Codifications
1981 Ed., § 22-3510.
1973 Ed., § 22-3510.
2023 District of Columbia Code › Title 22 - Criminal Offenses and Penalties › Chapter 38 - Sexual Psychopaths › § 22–3811. Criminal law unchanged

§ 22–3811. Criminal law unchanged.
Nothing in this chapter shall alter in any respect the tests of mental capacity applied in criminal prosecutions under the laws of the District of Columbia.
(June 9, 1948, 62 Stat. 350, ch. 428, title II, § 209; June 3, 1997, D.C. Law 11-275, § 10, 44 DCR 1408.)
Prior Codifications
1981 Ed., § 22-3511.
1973 Ed., § 22-3511.
Cross References
Unemployment compensation, eligibility, see § 51-109.
2023 District of Columbia Code › Title 22 - Criminal Offenses and Penalties › Chapter 39 - HIV Testing of Certain Criminal Offenders › § 22–3901. Definitions

§ 22–3901. Definitions.
For the purposes of this chapter, the term:
(1) “Convicted” means having received a verdict, or a finding, of guilt in a criminal proceeding, adjudicated as being delinquent in a juvenile proceeding, or having entered a plea of guilty or nolo contendere.
(2) “HIV test” means blood testing for the human immunodeficiency virus (“HIV”) or any other identified causative agent of the acquired immune deficiency syndrome (“AIDS”).
(3) “Mayor” means the Mayor of the District of Columbia, or his or her designee.
(4) “Offense” means any prohibited activity involving a sexual act that includes contact between the penis and the vulva or the penis and the anus, however slight, or contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus.
(5) “Victim” means a person injured by the commission of an offense, and includes the parent or legal guardian of the victim, if the victim is a minor, or the spouse, domestic partner, or child of a victim, if the victim is deceased or incapacitated.
(Nov. 11, 1995, D.C. Law 11-74, § 2, 42 DCR 3624; Apr. 24, 2007, D.C. Law 16-306, § 222, 53 DCR 8610.)
Prior Codifications
1981 Ed., § 24-491.
Section References
This section is referenced in § 22-3902.
Effect of Amendments
D.C. Law 16-306 rewrote par. (5), which read as follows: “(5) ‘Victim’ means a person injured by the commission of an offense, and includes the parent or legal guardian of a victim, if the victim is a minor, or the spouse or child of a victim, if the victim is deceased or incapacitated.”
Emergency Legislation
For temporary addition of subchapter, see §§ 2 to 4 of the HIV Testing of Certain Criminal Offenders Emergency Act of 1995 (D.C. Act 11-87, July 6, 1995, 42 DCR 3617).
For temporary (90 day) amendment of section, see § 222 of Omnibus Public Safety Emergency Amendment Act of 2006 (D.C. Act 16-445, July 19, 2006, 53 DCR 6443).
For temporary (90 day) amendment of section, see § 222 of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-490, October 18, 2006, 53 DCR 8686).
For temporary (90 day) amendment of section, see § 222 of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-10, January 16, 2007, 54 DCR 1479).
For temporary (90 day) amendment of section, see § 222 of Omnibus Public Safety Second Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-25, April 19, 2007, 54 DCR 4036).
2023 District of Columbia Code › Title 22 - Criminal Offenses and Penalties › Chapter 39 - HIV Testing of Certain Criminal Offenders › § 22–3902. Testing and counseling

§ 22–3902. Testing and counseling.
(a) Upon the request of a victim, the court shall order any individual convicted of an offense, as defined by § 22-3901, to furnish a blood sample to be tested for the presence of HIV.
(b) The court shall promptly notify the Mayor of any court order for an HIV test. Upon receipt of a court order for an HIV test, the Mayor shall promptly collect a blood sample from the convicted individual and conduct an HIV test on the blood sample.
(c) After conducting the HIV test, the Mayor shall promptly notify the victim and the convicted individual of the results of the HIV test. The Mayor shall not disclose the results of the HIV test without also providing, offering, or arranging for appropriate counselling and referral for appropriate health care and support services to the victim and the convicted individual.
(d) The victim may disclose the results of the HIV test to any other individual to protect the health and safety of the victim, the victim’s sexual partners, or the victim’s family.
(e) The result of any HIV test conducted under this section shall not be admissible as evidence of guilt or innocence in any criminal proceeding.
(Nov. 11, 1995, D.C. Law 11-74, § 3, 42 DCR 3624.)
Prior Codifications
1981 Ed., § 24-492.
Emergency Legislation
For temporary addition of subchapter, see §§ 2 to 4 of the HIV Testing of Certain Criminal Offenders Emergency Act of 1995 (D.C. Act 11-87, July 6, 1995, 42 DCR 3617).
2023 District of Columbia Code › Title 22 - Criminal Offenses and Penalties › Chapter 39 - HIV Testing of Certain Criminal Offenders › § 22–3903. Rules

§ 22–3903. Rules.
(a) The Mayor shall, pursuant to subchapter I of Chapter 5 of Title 2, issue rules to implement this chapter.
(b) The rules shall include provisions regarding notification to the victim of his or her right to request an HIV test, confidentiality of the test results, free counselling for the victim and the convicted individual concerning HIV testing and HIV disease, and referral for appropriate health care and supportive services.
(Nov. 11, 1995, D.C. Law 11-74, § 4, 42 DCR 3624.)
Prior Codifications
1981 Ed., § 24-493.
Emergency Legislation
For temporary addition of subchapter, see §§ 2 to 4 of the HIV Testing of Certain Criminal Offenders Emergency Act of 1995 (D.C. Act 11-87, July 6, 1995, 42 DCR 3617).
2023 District of Columbia Code › Title 22 - Criminal Offenses and Penalties › Chapter 40 - Sex Offender Registration › § 22–4002. Registration period

§ 22–4002. Registration period.
(a) Except as set forth in subsection (b) of this section, the registration period shall start when a disposition described in § 22-4001(3)(A) occurs and continue until the expiration of any time being served on probation, parole, supervised release, conditional release, or convalescent leave, or 10 years after the sex offender is placed on probation, parole, supervised release, conditional release, or convalescent leave, or is unconditionally released from a correctional facility, prison, hospital or other place of confinement, whichever is latest, except that:
(1) The Agency may give a sex offender credit for the time the sex offender was registered in another jurisdiction;
(2) The Agency may deny a sex offender credit for any time in which the sex offender is detained, incarcerated, confined, civilly committed, or hospitalized and for any time in which a sex offender was registered prior to a revocation of probation, parole, supervised release, conditional release, or convalescent leave; and
(3) The registration period is tolled for any time the sex offender fails to register or otherwise fails to comply with the requirements of this chapter.
(b) The registration period shall start when a disposition described in § 22-4001(3)(A) occurs and continue throughout the lifetime of a sex offender who:
(1) Committed a registration offense that is a lifetime registration offense;
(2) Was determined to be a sexual psychopath under §§ 22-3803 through 22-3811;
(3) Has been subject on 2 or more occasions to a disposition described in § 22-4001(3)(A) that involved a felony registration offense or a registration offense against a minor; or
(4) Has been subject to 2 or more dispositions described in § 22-4001(3)(A), relating to different victims, each of which involved a felony registration offense or a registration offense against a minor.
(c) The Agency may suspend the requirement to register or any other requirement under this chapter during any period of time in which a sex offender is detained, incarcerated, confined, civilly committed or hospitalized in a secure facility.
(d) Other than a suspension under subsection (c) of this section, a sex offender shall not be eligible for relief from the registration requirements.
(July 11, 2000, D.C. Law 13-137, § 3, 47 DCR 797.)
Section References
This section is referenced in § 22-4003 and § 22-4011.
2023 District of Columbia Code › Title 22 - Criminal Offenses and Penalties › Chapter 40 - Sex Offender Registration › § 22–4003. Certification duties of the Superior Court

§ 22–4003. Certification duties of the Superior Court.
(a) Upon a finding that a defendant committed a registration offense, the Court shall enter an order certifying that the defendant is a sex offender and that the defendant will be subject to registration for the period set forth in § 22-4002(a) or (b). The Court shall advise the sex offender of that person’s duties under this chapter, shall order the sex offender to report to the Agency to register as required by the Agency and to comply with the requirements of this chapter, and shall require the sex offender to read and sign the order.
(b) The Court shall provide to the Agency a copy of the certification and order and such other records and information as will assist in the registration of the sex offender.
(c) In any case where the Court orders the release of a sex offender into the community following a period of detention, incarceration, confinement, civil commitment, or hospitalization, the Court shall:
(1) If the sex offender has been certified as a sex offender under subsection (a) of this section, provide the sex offender with a copy of the order required under subsection (a) of this section and require the sex offender to read and sign the copy of the order; or
(2) If the sex offender has not been certified as a sex offender under subsection (a) of this section, follow the procedures set forth under subsection (a) of this section.
(d) The applicability of the requirements of this chapter to a person otherwise subject to this chapter does not depend on the Court’s making a certification under subsection (a) of this section. The Court is required to enter an order certifying that a person is a sex offender only when —
(1) A defendant is found in a proceeding before the Court to have committed a registration offense;
(2) The Court, on or after July 11, 2000, orders the release of a sex offender into the community following a period of detention, incarceration, confinement, civil commitment, or hospitalization;
(3) The government makes a motion for such a certification and the Court grants the motion; or
(4) A motion is filed as authorized under § 22-4004 and the Court denies the motion.
(July 11, 2000, D.C. Law 13-137, § 4, 47 DCR 797.)
Section References
This section is referenced in § 22-4004 and § 22-4013.
2023 District of Columbia Code › Title 22 - Criminal Offenses and Penalties › Chapter 40 - Sex Offender Registration › § 22–4005. Duties of the Department of Corrections

§ 22–4005. Duties of the Department of Corrections.
(a) Immediately before the release into the community of a sex offender in its custody or under its supervision, or immediately before the transfer of a sex offender to a halfway house, whichever is earlier, the Department of Corrections shall notify the Agency of the sex offender’s proposed release, and shall provide to the Agency such records and information as will assist the Agency in carrying out its responsibilities under this chapter.
(b) Immediately before the release into the community of a sex offender in its custody or under its supervision or immediately before a sex offender transfers to a halfway house, whichever is earlier, the Department of Corrections shall inform the sex offender orally and in writing of the duty to register and of the time when and place where he or she is to appear to register and shall require the sex offender to read and sign the notice.
(July 11, 2000, D.C. Law 13-137, § 6, 47 DCR 797.)
2023 District of Columbia Code › Title 22 - Criminal Offenses and Penalties › Chapter 40 - Sex Offender Registration › § 22–4006. Duties of the Department of Mental Health

§ 22–4006. Duties of the Department of Mental Health.
(a) The Agency shall have the authority to notify the Department of Mental Health in writing of those sex offenders in the custody or under the supervision of the Department of Mental Health who are required to register pursuant to this chapter.
(b) With respect to sex offenders for whom notice has been given pursuant to subsection (a) of this section, the Department of Mental Health shall inform the Agency when a sex offender:
(1) Is first granted unaccompanied access to the hospital grounds or is placed on convalescent leave;
(2) If first conditionally or unconditionally released; or
(3) Is on unauthorized leave.
(c) The information provided to the Agency by the Department of Mental Health shall include:
(1) The name of and other identifying information about a sex offender, including a physical description and photograph, if available;
(2) The action taken under subsection (b) of this section;
(3) The date on which the action was taken;
(4) To the extent known, the address at which the sex offender is living or intends to live, works or intends to work, or attends school or intends to attend school; and
(5) Administrative information that may assist the Agency or the Metropolitan Police Department in locating the sex offender.
(d) The Agency and the Metropolitan Police Department are authorized to make further disclosures of the information provided by the Department of Mental Health pursuant to this section as necessary to ensure compliance with this chapter and to prosecute violations of this chapter.
(July 11, 2000, D.C. Law 13-137, § 7, 47 DCR 797; Dec. 18, 2001, D.C. Law 14-56, § 116(h), 48 DCR 7674.)
Section References
This section is referenced in § 22-4012.
Effect of Amendments
D.C. Law 14-56, substituted “Department of Mental Health” for “Commission on Mental Health Services” in the heading, and in subsecs. (a), (b), (c), and (d).
Emergency Legislation
For temporary (90 day) amendment of section, see § 16(h) of Department of Mental Health Establishment Emergency Amendment Act of 2001 (D.C. Act 14-55, May 2, 2001, 48 DCR 4390).
For temporary (90 day) amendment of section, see § 16(h) of Department of Mental Health Establishment Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-101, July 23, 2001, 48 DCR 7123).
For temporary (90 day) amendment of section, see § 116(h) of Mental Health Service Delivery Reform Congressional Review Emergency Act of 2001 (D.C. Act 14-144, October 23, 2001, 48 DCR 9947).
Temporary Legislation
Section 16(h) of D.C. Law 14-51 substituted “Department of Mental Health” for “Commission on Mental Health Services” in the heading; and, in subsecs. (a), (b), (c) and (d), substituted “Department of Mental Health” for “Commission on Mental Health Services”.
Section 19(b) of D.C. Law 14-51 provided that the act shall expire after 225 days of its having taken effect.