2023 District of Columbia Code › Title 22 - Criminal Offenses and Penalties › Chapter 33 - Trespass; Injuries to Property › § 22–3312.04. Penalties

§ 22–3312.04. Penalties.
(a) Any person who violates any provision of § 22-3312.01 shall be fined not less than $250 and not more than the amount set forth in § 22-3571.01, or imprisoned for a period not to exceed 180 days, or both. Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of § 22-3312.01, pursuant to Chapter 8 of Title 8.
(b) Any person who violates any provision of § 22-3312.02 shall be guilty of a misdemeanor punishable by a fine not more than the amount set forth in § 22-3571.01, or imprisonment not to exceed 180 days, or both.
(c) In addition to the penalties provided in subsection (a) of this section, a person convicted of violating any provision of § 22-3312.01 may be required to perform community service as provided in § 16-712.
(d) Any person who willfully places graffiti on property without the consent of the owner shall be subject to the sanctions in subsection (a) of this section.
(e) Any person who willfully possesses graffiti material with the intent to place graffiti on property without the consent of the owner shall be fined not less than $100 or more than $1,000.
(f) In addition to any fine or sentence imposed under this section, the court shall order the person convicted to make restitution to the owner of the property, or to the party responsible for the property upon which the graffiti has been placed, for the damage or loss caused, directly or indirectly, by the graffiti, in a reasonable amount and manner as determined by the court.
(g) The District of Columbia courts shall find parents or guardians civilly liable for all fines imposed or payments for abatement required if the minor cannot pay within a reasonable period of time established by the court.
(Mar. 10, 1983, D.C. Law 4-203, § 5, 30 DCR 180; June 12, 2001, D.C. Law 13-309, § 2(d), 48 DCR 1613; June 11, 2013, D.C. Law 19-317, § 234, 60 DCR 2064; Apr. 21, 2023, D.C. Law 24-345, § 108(b), 70 DCR 7904.)
Prior Codifications
1981 Ed., § 22-3112.4.
Section References
This section is referenced in § 42-3141.08.
Effect of Amendments
D.C. Law 13-309 rewrote the section which had read:
“(a) Any person who violates any provision of § 22-3312.01 shall be fined not less than $250 or more than $5,000, or imprisoned for a period not to exceed 1 year, or both.
“(b) Any person who violates any provision of § 22-3312.02 or § 22-3312.03 shall be guilty of a misdemeanor punishable by a fine not to exceed $500, or imprisonment not to exceed 1 year, or both.”
The 2013 amendment by D.C. Law 19-317 substituted “and not more than the amount set forth in § 22-3571.01” for “or more than $1,000” in (a); and substituted “not more than the amount set forth in § 22-3571.01” for “not to exceed $500” in (b).
Emergency Legislation
For temporary (90 days) amendment of this section, see § 106(b) of Comprehensive Policing and Justice Reform Emergency Amendment Act of 2023 (D.C. Act 25-61, Mar. 24, 2023, 70 DCR 3820).
For temporary (90 days) amendment of this section, see § 108(b) of Comprehensive Policing and Justice Reform Congressional Review Emergency Amendment Act of 2022 (D.C. Act 24-454, June 28, 2022, 69 DCR 007767).
For temporary (90 days) amendment of this section, see § 108(b) of Comprehensive Policing and Justice Reform Emergency Amendment Act of 2022 (D.C. Act 24-370, Apr. 7, 2022, 0 DCR 0).
For temporary (90 days) amendment of this section, see § 108(b) of Comprehensive Policing and Justice Reform Emergency Amendment Act of 2021 (D.C. Act 24-128, July 29, 2021, 68 DCR 007656).
For temporary (90 days) amendment of this section, see § 108(b) of Comprehensive Policing and Justice Reform Emergency Amendment Act of 2021 (D.C. Act 24-76, May 3, 2021, 68 DCR 004935).
For temporary (90 days) amendment of this section, see § 108(b) of Comprehensive Policing and Justice Reform Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-437, Oct. 28, 2020, 67 DCR 12993).
For temporary (90 days) amendment of this section, see § 108(b) of Comprehensive Policing and Justice Reform Second Emergency Amendment Act of 2020 (D.C. Act 23-336, July 22, 2020, 67 DCR 9148).
For temporary (90 days) amendment of this section, see § 234 of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300).
Temporary Legislation
For temporary (225 days) amendment of this section, see § 108(b) of Comprehensive Policing and Justice Reform Temporary Amendment Act of 2022 (D.C. Law 24-149, Aug. 12, 2022, 69 DCR 007767).
For temporary (225 days) amendment of this section, see § 108(b) of Comprehensive Policing and Justice Reform Temporary Amendment Act of 2021 (D.C. Law 24-23, Sept. 3, 2021, 68 DCR 005837).
For temporary (225 days) amendment of this section, see § 108(b) of Comprehensive Policing and Justice Reform Second Temporary Amendment Act of 2020 (D.C. Law 23-151, Dec. 3, 2020, 67 DCR 9920).
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.