DC Code Flashcards

Question

§ 5-1107. Authority of the Office and processing of complaint.

Answer 1

(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.

Answer 2

(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.

Answer 3

(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.

Answer 4

(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.

Answer 5

(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.

Answer 6

(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.

Answer 7

(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.

Answer 8

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.

Answer 9

(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.

Answer 10

(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.

Answer 11

(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.

Answer 12

(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.

Answer 13

(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.

Answer 14

(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.

Answer 15

(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.

Answer 16

(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.

Answer 17

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.

Answer 18

(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.

Answer 19

(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.

Answer 20

(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.

Answer 21

(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.

Answer 22

(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.

Answer 23

(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.

Answer 24

(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).

Answer 25

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.

Answer 26

(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.].

Answer 27

(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.

Answer 28

(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.

Answer 29

(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.

Answer 30

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.

Answer 31

(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.

Answer 32

(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.

Answer 33

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).

Answer 34

(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.

Answer 35

(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.

Answer 36

(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.

Answer 37

(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.

Answer 38

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.

Answer 39

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

Answer 40

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.

Answer 41

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.

Answer 42

(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.

Answer 43

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.

Answer 44

(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.

Answer 45

(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.

Answer 46

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.

Answer 47

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.

Answer 48

(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.

Answer 49

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.

Answer 50

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.

Answer 51

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.

Answer 52

(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.

Answer 53

(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.

Answer 54

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.

Answer 55

(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.

Answer 56

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.

Answer 57

(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.

Answer 58

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.

Answer 59

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.

Answer 60

(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.

Answer 61

(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.

Answer 62

(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.

Answer 63

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.

Answer 64

(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.

Answer 65

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.

Answer 66

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.

Answer 67

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.

Answer 68

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.

Answer 69

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.

Answer 70

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.

Answer 71

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.

Answer 72

(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.

Answer 73

It is unlawful for an individual or business knowingly to destroy, conceal, remove, confiscate, or possess any actual or purported government identification document, including a passport or other immigration document, or any other actual or purported document, of any person to prevent or restrict, or attempt to prevent or restrict, without lawful authority, the person’s liberty to move or travel in order to maintain the labor or services of that person.

Answer 74

It is unlawful for an individual or business knowingly to benefit, financially or by receiving anything of value, from voluntarily participating in a venture which has engaged in any act in violation of § 22-1832, § 22-1833, § 22-1834, or § 22-1835, knowing or in reckless disregard of the fact that the venture has engaged in the violation.

Answer 75

(a) It shall be unlawful for a person to knowingly disconnect, damage, disable, temporarily or permanently remove, or use physical force or intimidation to block access to any telephone, radio, computer, or other electronic communication device with a purpose to obstruct, prevent, or interfere with: (1) The report of any criminal offense to any law enforcement agency; (2) The report of any bodily injury or property damage to any law enforcement agency; (3) A request for ambulance or emergency medical assistance to any governmental agency, or any hospital, doctor, or other medical service provider, or (4) The report of any act of child abuse or neglect to a law enforcement or child welfare agency.

Answer 76

Whoever shall be guilty of, or of aiding or abetting in, seizing, confining, inveigling, enticing, decoying, kidnapping, abducting, concealing, or carrying away any individual by any means whatsoever, and holding or detaining, or with the intent to hold or detain, such individual for ransom or reward or otherwise, except, in the case of a minor, by a parent thereof, shall, upon conviction thereof, be punished by imprisonment for not more than 30 years. For purposes of imprisonment following revocation of release authorized by § 24-403.01, the offense defined by this section is a Class A felony. This section shall be held to have been violated if either the seizing, confining, inveigling, enticing, decoying, kidnapping, abducting, concealing, carrying away, holding, or detaining occurs in the District of Columbia. If 2 or more individuals enter into any agreement or conspiracy to do any act or acts which would constitute a violation of the provisions of this section, and 1 or more of such individuals do any act to effect the object of such agreement or conspiracy, each such individual shall be deemed to have violated the provisions of this section.

Answer 77

Whoever, being of sound memory and discretion, kills another purposely, either of deliberate and premeditated malice or by means of poison, or in perpetrating or attempting to perpetrate an offense punishable by imprisonment in the penitentiary, or without purpose to do so kills another in perpetrating or in attempting to perpetrate any arson, as defined in § 22-301 or § 22-302, first degree sexual abuse, first degree child sexual abuse, first degree cruelty to children, mayhem, robbery, or kidnaping, or in perpetrating or attempting to perpetrate any housebreaking while armed with or using a dangerous weapon, or in perpetrating or attempting to perpetrate a felony involving a controlled substance, is guilty of murder in the first degree. For purposes of imprisonment following revocation of release authorized by § 24-403.01(b)(7), murder in the first degree is a Class A felony.

Answer 78

Whoever with malice aforethought, except as provided in §§ 22-2101, 22-2102, kills another, is guilty of murder in the second degree. For purposes of imprisonment following revocation of release authorized by § 24-403.01(b)(7), murder in the second degree is a Class A felony.

Answer 79

Whoever is guilty of manslaughter shall be sentenced to a period of imprisonment not exceeding 30 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.

Answer 80

(a) Whoever, with deliberate and premeditated malice, and with knowledge or reason to know that the victim is a law enforcement officer or public safety employee, kills any law enforcement officer or public safety employee engaged in, or on account of, the performance of such officer’s or employee’s official duties, is guilty of murder of a law enforcement officer or public safety employee, and shall be sentenced to life without the possibility of release. It shall not be a defense to this charge that the victim was acting unlawfully by seizing or attempting to seize the defendant or another person. (b) For the purposes of subsection (a) of this section, the term: (1) “Law enforcement officer” means: (A) A sworn member of the Metropolitan Police Department; (B) A sworn member of the District of Columbia Protective Services; (C) The Director, deputy directors, and officers of the District of Columbia Department of Corrections; (D) Any probation, parole, supervised release, community supervision, or pretrial services officer of the Court Services and Offender Supervision Agency or The Pretrial Services Agency; (E) Metro Transit police officers; and (F) Any federal, state, county, or municipal officer performing functions comparable to those performed by the officers described in subparagraphs (A), (C), (D), (E), and (F) of this paragraph, including but not limited to state, county, or municipal police officers, sheriffs, correctional officers, parole officers, and probation and pretrial service officers. (2) “Public safety employee” means: (A) A District of Columbia firefighter, emergency medical technician/paramedic, emergency medical technician/intermediate paramedic, or emergency medical technician; and (B) Any federal, state, county, or municipal officer performing functions comparable to those performed by the District of Columbia employees described in subparagraph (A) of this paragraph.

Answer 81

(a) (1) It shall be unlawful in the District of Columbia for a person knowingly: (A) To sell, deliver, distribute, or provide, or offer or agree to sell, deliver, distribute, or provide any obscene, indecent, or filthy writing, picture, sound recording, or other article or representation; (B) To present, direct, act in, or otherwise participate in the preparation or presentation of, any obscene, indecent, or filthy play, dance, motion picture, or other performance; (C) To pose for, model for, print, record, compose, edit, write, publish, or otherwise participate in preparing for publication, exhibition, or sale, any obscene, indecent, or filthy writing, picture, sound recording, or other article or representation; (D) To sell, deliver, distribute, or provide, or offer or agree to sell, deliver, distribute or provide any article, thing, or device which is intended for or represented as being for indecent or immoral use; (E) To create, buy, procure, or possess any matter described in the preceding subparagraphs of this paragraph with intent to disseminate such matter in violation of this subsection; (F) To advertise or otherwise promote the sale of any matter described in the preceding subparagraphs of this paragraph; or (G) To advertise or otherwise promote the sale of material represented or held out by such person to be obscene.

Answer 82

For the purposes of this chapter, the term: (1) “Aggressive manner” means: (A) Approaching, speaking to, or following a person in a manner as would cause a reasonable person to fear bodily harm or the commission of a criminal act upon the person, or upon property in the person’s immediate possession; (B) Touching another person without that person’s consent in the course of asking for alms; (C) Continuously asking, begging, or soliciting alms from a person after the person has made a negative response; or (D) Intentionally blocking or interfering with the safe or free passage of a person by any means, including unreasonably causing a person to take evasive action to avoid physical contact. (2) “Ask, beg, or solicit alms” includes the spoken, written, or printed word or such other act conducted for the purpose of obtaining an immediate donation of money or thing of value.

Answer 83

(a) No person may ask, beg, or solicit alms, including money and other things of value, in an aggressive manner in any place open to the general public, including sidewalks, streets, alleys, driveways, parking lots, parks, plazas, buildings, doorways and entrances to buildings, and gasoline service stations, and the grounds enclosing buildings. (b) No person may ask, beg, or solicit alms in any public transportation vehicle; or at any bus, train, or subway station or stop. (c) No person may ask, beg, or solicit alms within 10 feet of any automatic teller machine (ATM). (d) No person may ask, beg, or solicit alms from any operator or occupant of a motor vehicle that is in traffic on a public street. (e) No person may ask, beg, or solicit alms from any operator or occupant of a motor vehicle on a public street in exchange for blocking, occupying, or reserving a public parking space, or directing the operator or occupant to a public parking space. (f) No person may ask, beg, or solicit alms in exchange for cleaning motor vehicle windows while the vehicle is in traffic on a public street. (g) No person may ask, beg, or solicit alms in exchange for protecting, watching, washing, cleaning, repairing, or painting a motor vehicle or bicycle while it is parked on a public street. (h) No person may ask, beg, or solicit alms on private property or residential property, without permission from the owner or occupant.

Answer 84

No person shall have in his or her possession in the District any instrument, tool, or implement for picking locks or pockets, with the intent to use such instrument, tool, or implement to commit a crime. Whoever violates this section shall be imprisoned for not more than 180 days and may be fined not more than and, in addition, may be fined not more than the amount set forth in § 22-3571.01, unless the violation occurs after he or she has been convicted in the District of a violation of this section or of a felony, either in the District or another jurisdiction, in which case he or she shall be imprisoned for not less than one year nor more than 5 years and, in addition, may be fined not more than the amount set forth in § 22-3571.01.

Answer 85

(a) No person shall escape or attempt to escape from: (1) Any penal or correctional institution or facility in which that person is confined pursuant to an order issued by a court of the District of Columbia; (2) The lawful custody of an officer or employee of the District of Columbia or of the United States: or (3) An institution or facility, whether located in the District of Columbia or elsewhere, in which a person committed to the Department of Youth Rehabilitation Services is placed.

Answer 86

(a) Except as provided in subsection (d) of this section, it is unlawful for any person to engage in prostitution or to solicit for prostitution. (b) (1) Except as provided in paragraph (2) of this subsection, a person convicted of prostitution or soliciting for prostitution shall be: (A) Fined not more than the amount set forth in § 22-3571.01, imprisoned for not more than 90 days, or both, for the first offense; and (B) Fined not more than the amount set forth in § 22-3571.01, imprisoned not more than 180 days, or both, for the second offense. (2) A person convicted of prostitution or soliciting for prostitution who has 2 or more prior convictions for prostitution or soliciting for prostitution, not committed on the same occasion, shall be fined not more than the amount set forth in § 22-3571.01, imprisoned for not more than 2 years, or both. (c) For the purposes of this section, a person shall be considered as having 2 or more prior convictions for prostitution or soliciting for prostitution if he or she has been convicted on at least 2 occasions of violations of: (1) This section; (2) A statute in one or more other jurisdictions prohibiting prostitution or soliciting for prostitution; or (3) Conduct that would constitute a violation of this section if committed in the District of Columbia. (d) (1) A child who engages in or offers to engage in a sexual act or sexual contact in return for receiving anything of value shall be immune from prosecution for a violation of subsection (a) of this section. (2) The Metropolitan Police Department shall refer any child suspected of engaging in or offering to engage in a sexual act or sexual contact in return for receiving anything of value to an organization that provides treatment, housing, or services appropriate for victims of sex trafficking of children under § 22-1834. (3) For the purposes of this subsection, the term “child” means a person who has not attained the age of 18 years.

Answer 87

For the purposes of this subchapter, the term: (1) “Arranging for prostitution” means any act to procure or attempt to procure or otherwise arrange for the purpose of prostitution, regardless of whether such procurement or arrangement occurred or anything of value was given or received. (2) “Domestic partner” shall have the same meaning as provided in § 32-701(3). (3) “Prostitution” means a sexual act or contact with another person in return for giving or receiving anything of value. (4) “Prostitution-related offenses” means those crimes and offenses defined in this subchapter. (5) “Sexual act” shall have the same meaning as provided in § 22-3001(8). (6) “Sexual contact” shall have the same meaning as provided in § 22-3001(9). (7) “Solicit for prostitution” means to invite, entice, offer, persuade, or agree to engage in prostitution or address for the purpose of inviting, enticing, offering, persuading, or agreeing to engage in prostitution.

Answer 88

(a) It is unlawful for any person, for purposes of prostitution, to: (1) Persuade, entice, or forcibly abduct a child under 18 years of age from his or her home or usual abode, or from the custody and control of the child’s parents or guardian; or (2) Secrete or harbor any child so persuaded, enticed, or abducted from his or her home or usual abode, or from the custody and control of the child’s parents or guardian. (b) A person who violates subsection (a) of this section shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not more than 20 years, or by a fine of not more than the amount set forth in § 22-3571.01, or both.

Answer 89

(a) It is unlawful for any person, within the District of Columbia to: (1) Place or cause, induce, entice, procure, or compel the placing of any individual in the charge or custody of any other person, or in a house of prostitution, with intent that such individual shall engage in prostitution; (2) Cause, compel, induce, entice, or procure or attempt to cause, compel, induce, entice, or procure any individual: (A) To reside with any other person for the purpose of prostitution; (B) To reside or continue to reside in a house of prostitution; or (C) To engage in prostitution; or (3) Take or detain an individual against the individual’s will, with intent to compel such individual by force, threats, menace, or duress to marry the abductor or to marry any other person. (b) It is unlawful for any parent, guardian, or other person having legal custody of the person of an individual, to consent to the individual’s being taken, detained, or used by any person, for the purpose of prostitution or a sexual act or sexual contact.

Answer 90

Whenever a nuisance is kept, maintained, or exists, as defined in § 22-2713, the United States Attorney for the District of Columbia, the Attorney General of the United States, the Corporation Counsel of the District of Columbia, or any citizen of the District of Columbia, may maintain an action in equity in the name of the United States of America or in the name of the District of Columbia, upon the relation of such United States Attorney for the District of Columbia, the Attorney General of the United States, the Corporation Counsel of the District of Columbia, or citizen, to perpetually enjoin said nuisance, the person or persons conducting or maintaining the same, and the owner or agent of the building or ground upon which said nuisance exists. In such action the court, or a judge in vacation, shall, upon the presentation of a petition therefor alleging that the nuisance complained of exists, allow a temporary writ of injunction, without bond, if it shall be made to appear to the satisfaction of the court or judge by evidence in the form of affidavits, depositions, oral testimony, or otherwise, as the complainant may elect, unless the court or judge by previous order shall have directed the form and manner in which it shall be presented. Three days notice, in writing, shall be given the defendant of the hearing of the application, and if then continued at his instance the writ as prayed shall be granted as a matter of course. When an injunction has been granted it shall be binding on the defendant throughout the District of Columbia and any violation of the provisions of injunction herein provided shall be a contempt as hereinafter provided.

Answer 91

For the purposes of this chapter, the term: (1) “Demonstration” means marching, congregating, standing, parading, demonstrating, or patrolling by one or more persons, with or without signs, for the purpose of persuading one or more individuals, or the public, or to protest some action, attitude, or belief. (2) “Mask” means a covering for the face or part of the face whereby the identity of the wearer is disguised. The term “Mask” shall not include clothing worn for the purpose of providing protection from the elements nor clothing worn as a religious covering. (3) “Residence” means a building or structure, but not a hotel, used or designed to be used, in whole or in part, as a living or a sleeping place by one or more human beings.

Answer 92

(a) (1) It is unlawful for a person, as part of a group of 3 or more persons, to target a residence for purposes of a demonstration: (A) Between 10:00 p.m. and 7:00 a.m.; (B) While wearing a mask; or (C) Without having provided the Metropolitan Police Department notification of the location and approximate time of the demonstration. (2) The notification required by paragraph (1)(C) of this subsection shall be provided in writing to the operational unit designated for such purpose by the Chief of Police not less than 2 hours before the demonstration begins. The Metropolitan Police Department shall post on its website the e-mail and facsimile number by which the operational unit may be notified 24 hours a day, and the address to which notification may be hand delivered, as an alternative, during business hours.

Answer 93

Whoever by force or violence, whether against resistance or by sudden or stealthy seizure or snatching, or by putting in fear, shall take from the person or immediate actual possession of another anything of value, is guilty of robbery, and any person convicted thereof shall suffer imprisonment for not less than 2 years nor more than 15 years.

Answer 94

Whoever attempts to commit robbery, as defined in § 22-2801, by an overt act, shall be imprisoned for not more than 3 years or be fined not more than the amount set forth in § 22-3571.01, or both.

Answer 95

(a) (1) A person commits the offense of carjacking if, by any means, that person knowingly or recklessly by force or violence, whether against resistance or by sudden or stealthy seizure or snatching, or by putting in fear, or attempts to do so, shall take from another person immediate actual possession of a person’s motor vehicle. (b) (1) A person commits the offense of armed carjacking if that person, while armed with or having readily available any pistol or other firearm (or imitation thereof ) or other dangerous or deadly weapon (including a sawed-off shotgun, shotgun, machine gun, rifle, dirk, bowie knife, butcher knife, switch-blade knife, razor, blackjack, billy, or metallic or other false knuckles), commits or attempts to commit the offense of carjacking.

Answer 96

(1) “Child” means an individual who has not yet attained the age of 16 years. (2) “Person” means an individual 18 years of age or older. (3) “Police” means the Metropolitan Police Department. (4) “Sexual abuse” means any act that is a violation of: (A) Section 22-1834; (B) Section § 22-2704; (C) This chapter (§ 22-3001 et seq.); or (D) Section 22-3102.

Answer 97

(a) Any person who knows, or has reasonable cause to believe, that a child is a victim of sexual abuse shall immediately report such knowledge or belief to the police. For the purposes of this subchapter, a call to 911, or a report to the Child and Family Services Agency, shall be deemed a report to the police. (b) Any person who is or has been a victim of sexual abuse is not required to report pursuant to subsection (a) of this section if the identity of the alleged perpetrator matches the identity of the victim’s abuser. (c) No legally recognized privilege, except for the following, shall apply to this subchapter: (1) A lawyer or a person employed by a lawyer is not required to report pursuant to subsection (a) of this section if the lawyer or employee is providing representation in a criminal, civil, or delinquency matter, and the basis for the knowledge or belief arises solely in the course of that representation. (2) (A) The notification requirements of subsection (a) of this subsection do not apply to a priest, clergyman, rabbi, or other duly appointed, licensed, ordained, or consecrated minister of a given religion in the District of Columbia, or a duly accredited practitioner of Christian Science in the District of Columbia, if the basis for the knowledge or belief is the result of a confession or penitential communication made by a penitent directly to the minister if: (i) The penitent made the confession or penitential communication in confidence; (ii) The confession or penitential communication was made expressly for a spiritual or religious purpose; (iii) The penitent made the confession or penitential communication to the minister in the minister’s professional capacity; and (iv) The confession or penitential communication was made in the course of discipline enjoined by the church or other religious body to which the minister belongs. (B) A confession or communication made under any other circumstances does not fall under this exemption. (3) Sexual assault counselors shall be exempt from reporting pursuant to subsection (a) of this section any crime disclosed in a confidential communication unless the sexual assault counselor has actual knowledge that the crime disclosed to the sexual assault counselor involves: (A) A victim under the age of 13; (B) A perpetrator or alleged perpetrator with whom the sexual assault victim has a significant relationship, as that term is defined in § 22-3001(10); or (C) A perpetrator or alleged perpetrator who is more than 4 years older than the sexual assault victim. (d) This section should not be construed as altering the special duty to report by persons specified in § 4-1321.02(b).

Answer 98

Any survivor of an intrafamily offense, as that term is defined in § 16-1001(8), may use the occurrence of that intrafamily offense as a defense to their failure to report under this subchapter.

Answer 99

For the purposes of this chapter, the term: (1) “Any device” means electronic, mechanical, digital or any other equipment, including: a camera, spycam, computer, spyware, microphone, audio or video recorder, global positioning system, electronic monitoring system, listening device, night-vision goggles, binoculars, telescope, or spyglass. (2) “Any means” includes the use of a telephone, mail, delivery service, e-mail, website, or other method of communication or any device. (3) “Communicating” means using oral or written language, photographs, pictures, signs, symbols, gestures, or other acts or objects that are intended to convey a message. (4) “Emotional distress” means significant mental suffering or distress that may, but does not necessarily, require medical or other professional treatment or counseling; (5) “Financial injury” means the monetary costs, debts, or obligations incurred as a result of the stalking by the specific individual, member of the specific individual’s household, a person whose safety is threatened by the stalking, or a person who is financially responsible for the specific individual and includes: (A) The costs of replacing or repairing any property that was taken or damaged; (B) The costs of clearing the specific individual’s name or his or her credit, criminal, or any other official record; (C) Medical bills; (D) Relocation expenses; (E) Lost employment or wages; and (F) Attorney’s fees. (6) “Personal identifying information” shall have the same meaning as provided in § 22-3227.01(3). (7) “Specific individual” or “individual” means the victim or alleged victim of stalking. (8) “To engage in a course of conduct” means directly or indirectly, or through one or more third persons, in person or by any means, on 2 or more occasions, to: (A) Follow, monitor, place under surveillance, threaten, or communicate to or about another individual; (B) Interfere with, damage, take, or unlawfully enter an individual’s real or personal property or threaten or attempt to do so; or (C) Use another individual’s personal identifying information.

Answer 100

(a) It is unlawful for a person to purposefully engage in a course of conduct directed at a specific individual: (1) With the intent to cause that individual to: (A) Fear for his or her safety or the safety of another person; (B) Feel seriously alarmed, disturbed, or frightened; or (C) Suffer emotional distress; (2) That the person knows would cause that individual reasonably to: (A) Fear for his or her safety or the safety of another person; (B) Feel seriously alarmed, disturbed, or frightened; or (C) Suffer emotional distress; or (3) That the person should have known would cause a reasonable person in the individual’s circumstances to: (A) Fear for his or her safety or the safety of another person; (B) Feel seriously alarmed, disturbed, or frightened; or (C) Suffer emotional distress. (b) This section does not apply to constitutionally protected activity. (c) Where a single act is of a continuing nature, each 24-hour period constitutes a separate occasion. (d) The conduct on each of the occasions need not be the same as it is on the others.

Answer 101

(a) An offense shall be deemed to be committed in the District of Columbia if the conduct on at least one occasion was initiated in the District of Columbia or had an effect on the specific individual in the District of Columbia. (b) A communication shall be deemed to be committed in the District of Columbia if it is made or received in the District of Columbia or, if the specific individual lives in the District of Columbia, it can be electronically accessed in the District of Columbia.

Answer 102

(a) For the purpose of this section, the term “wrongfully obtains or uses” means: (1) taking or exercising control over property; (2) making an unauthorized use, disposition, or transfer of an interest in or possession of property; or (3) obtaining property by trick, false pretense, false token, tampering, or deception. The term “wrongfully obtains or uses” includes conduct previously known as larceny, larceny by trick, larceny by trust, embezzlement, and false pretenses. (b) A person commits the offense of theft if that person wrongfully obtains or uses the property of another with intent: (1) To deprive the other of a right to the property or a benefit of the property; or (2) To appropriate the property to his or her own use or to the use of a third person. (c) In cases in which the theft of property is in the form of services, proof that a person obtained services that he or she knew or had reason to believe were available to him or her only for compensation and that he or she departed from the place where the services were obtained knowing or having reason to believe that no payment had been made for the services rendered in circumstances where payment is ordinarily made immediately upon the rendering of the services or prior to departure from the place where the services are obtained, shall be prima facie evidence that the person had committed the offense of theft.

Answer 103

(a) A person commits the offense of shoplifting if, with intent to appropriate without complete payment any personal property of another that is offered for sale or with intent to defraud the owner of the value of the property, that person: (1) Knowingly conceals or takes possession of any such property; (2) Knowingly removes or alters the price tag, serial number, or other identification mark that is imprinted on or attached to such property; or (3) Knowingly transfers any such property from the container in which it is displayed or packaged to any other display container or sales package. (b) Any person convicted of shoplifting shall be fined not more than the amount set forth in § 22-3571.01 or imprisoned for not more than 90 days, or both. (c) It is not an offense to attempt to commit the offense described in this section. (d) A person who offers tangible personal property for sale to the public, or an employee or agent of such a person, who detains or causes the arrest of a person in a place where the property is offered for sale shall not be held liable for detention, false imprisonment, malicious prosecution, defamation, or false arrest, in any proceeding arising out of such detention or arrest, if: (1) The person detaining or causing the arrest had, at the time thereof, probable cause to believe that the person detained or arrested had committed in that person’s presence, an offense described in this section; (2) The manner of the detention or arrest was reasonable; (3) Law enforcement authorities were notified within a reasonable time; and (4) The person detained or arrested was released within a reasonable time of the detention or arrest, or was surrendered to law enforcement authorities within a reasonable time.

Answer 104

(a) For the purposes of this section, the term “motor vehicle” means any automobile, self-propelled mobile home, motorcycle, truck, truck tractor, truck tractor with semitrailer or trailer, or bus. (b) A person commits the offense of unauthorized use of a motor vehicle under this subsection if, without the consent of the owner, the person takes, uses, or operates a motor vehicle, or causes a motor vehicle to be taken, used, or operated, for his or her own profit, use, or purpose. (c) (1) A person commits the offense of unauthorized use of a motor vehicle under this subsection if, after renting, leasing, or using a motor vehicle under a written agreement which provides for the return of the motor vehicle to a particular place at a specified time, that person knowingly fails to return the motor vehicle to that place (or to any authorized agent of the party from whom the motor vehicle was obtained under the agreement) within 18 days after written demand is made for its return, if the conditions set forth in paragraph (2) of this subsection are met. (2) The conditions referred to in paragraph (1) of this subsection are as follows: (A) The written agreement under which the motor vehicle is obtained contains the following statement: “WARNING — Failure to return this vehicle in accordance with the terms of this rental agreement may result in a criminal penalty of up to 3 years in jail”. This statement shall be printed clearly and conspicuously in a contrasting color, set off in a box, and signed by the person obtaining the motor vehicle in a space specially provided; (B) There is displayed clearly and conspicuously on the dashboard of the motor vehicle the following notice: “NOTICE — Failure to return this vehicle on time may result in serious criminal penalties”; and (C) The party from whom the motor vehicle was obtained under the agreement makes a written demand for the return of the motor vehicle, either by actual delivery to the person who obtained the motor vehicle, or by deposit in the United States mail of a postpaid registered or certified letter, return receipt requested, addressed to the person at each address set forth in the written agreement or otherwise provided by the person. The written demand shall state clearly that failure to return the motor vehicle may result in prosecution for violation of the criminal law of the District of Columbia punishable by up to 3 years in jail. The written demand shall not be made prior to the date specified in the agreement for the return of the motor vehicle, except that, if the parties or their authorized agents have mutually agreed to some other date for the return of the motor vehicle, then the written demand shall not be made prior to the other date. (3) This subsection shall not apply in the case of a motor vehicle obtained under a retail installation contract as defined in § 50-601(9). (4) It shall be a defense in any criminal proceeding brought under this subsection that a person failed to return a motor vehicle for causes beyond his or her control. The burden of raising and going forward with the evidence with respect to such a defense shall be on the person asserting it. In any case in which such a defense is raised, evidence that the person obtained the motor vehicle by reason of any false statement or representation of material fact, including a false statement or representation regarding his or her name, residence, employment, or operator’s license, shall be admissible to determine whether the failure to return the motor vehicle was for causes beyond his or her control. (d) (1) Except as provided in paragraphs (2) and (3) of this subsection, a person convicted of unauthorized use of a motor vehicle under subsection (b) of this section shall be fined not more than the amount set forth in § 22-3571.01, imprisoned for not more than 5 years, or both. (2) (A) A person convicted of unauthorized use of a motor vehicle under subsection (b) of this section who took, used, or operated the motor vehicle, or caused the motor vehicle to be taken, used, or operated, during the course of or to facilitate a crime of violence, shall be: (i) Fined not more than the amount set forth in § 22-3571.01, imprisoned for not more than 10 years, or both, consecutive to the penalty imposed for the crime of violence; and (ii) If serious bodily injury results, imprisoned for not less than 5 years, consecutive to the penalty imposed for the crime of violence. (B) For the purposes of this paragraph, the term “crime of violence” shall have the same meaning as provided in § 23-1331(4). (3) (A) A person convicted of unauthorized use of a motor vehicle under subsection (b) of this section who has 2 or more prior convictions for unauthorized use of a motor vehicle or theft in the first degree, not committed on the same occasion, shall be fined not less than $5,000 and not more than the amount set forth in § 22-3571.01, or imprisoned for not less than 30 months nor more than 15 years, or both. (B) For the purposes of this paragraph, a person shall be considered as having 2 prior convictions for unauthorized use of a motor vehicle or theft in the first degree if the person has been twice before convicted on separate occasions of: (i) A prior violation of subsection (b) of this section or theft in the first degree; (ii) A statute in one or more other jurisdictions prohibiting unauthorized use of a motor vehicle or theft in the first degree; (iii) Conduct that would constitute a violation of subsection (b) of this section or a violation of theft in the first degree if committed in the District of Columbia; or (iv) Conduct that is substantially similar to that prosecuted as a violation of subsection (b) of this section or theft in the first degree. (4) A person convicted of unauthorized use of a motor vehicle under subsection (c) of this section shall be fined not more than the amount set forth in § 22-3571.01, imprisoned for not more than 3 years, or both.

Answer 105

A person commits the offense of taking property without right if that person takes and carries away the property of another without right to do so. A person convicted of taking property without right shall be fined not more than the amount set forth in § 22-3571.01 or imprisoned for not more than 90 days, or both.

Answer 106

(a) Fraud in the first degree. — A person commits the offense of fraud in the first degree if that person engages in a scheme or systematic course of conduct with intent to defraud or to obtain property of another by means of a false or fraudulent pretense, representation, or promise and thereby obtains property of another or causes another to lose property. (b) Fraud in the second degree. — A person commits the offense of fraud in the second degree if that person engages in a scheme or systematic course of conduct with intent to defraud or to obtain property of another by means of a false or fraudulent pretense, representation, or promise. (c) False promise as to future performance. — Fraud may be committed by means of false promise as to future performance which the accused does not intend to perform or knows will not be performed. An intent or knowledge shall not be established by the fact alone that one such promise was not performed.

Answer 107

(a) For the purposes of this section, the term “credit card” means an instrument or device, whether known as a credit card, debit card, or by any other name, issued for use of the cardholder in obtaining or paying for property or services. (b) A person commits the offense of credit card fraud if, with intent to defraud, that person obtains or pays for property or services by: (1) Knowingly using a credit card, or the number or description thereof, which has been issued to another person without the consent of the person to whom it was issued; (2) Knowingly using a credit card, or the number or description thereof, which has been revoked or cancelled; (3) Knowingly using a falsified, mutilated, or altered credit card or number or description thereof; (4) Representing that he or she is the holder of a credit card and the credit card had not in fact been issued; or (5) Knowingly using for the employee’s or contractor’s own purposes a credit card, or the number on or description of the credit card, issued to or provided to an employee or contractor by or at the request of an employer for the employer’s purposes. (c) A credit card is deemed cancelled or revoked when notice in writing thereof has been received by the named holder as shown on the credit card or by the records of the issuer. (d) (1) Except as provided in paragraph (2) of this subsection, any person convicted of credit card fraud shall be fined not more than the amount set forth in § 22-3571.01, imprisoned for not more than 180 days, or both. (2) Any person convicted of credit card fraud shall be fined not more than the amount set forth in § 22-3571.01, imprisoned for not more than 10 years, or both, if the value of the property or services obtained or paid for is $1,000 or more.

Answer 108

(a) A person commits the offense of fraudulent registration if, with intent to defraud the proprietor or manager of a hotel, motel, or other establishment which provides lodging to transient guests, that person falsely registers under a name or address other than his or her actual name or address. (b) Any person convicted of fraudulent registration shall be fined not more than the amount set forth in § 22-3571.01 or imprisoned for not more than 90 days, or both.

Answer 109

For the purposes of this subchapter, the term: (1) “Financial injury” means all monetary costs, debts, or obligations incurred by a person as a result of another person obtaining, creating, possessing, or using that person’s personal identifying information in violation of this subchapter, including, but not limited to: (A) The costs of clearing the person’s credit rating, credit history, criminal record, or any other official record, including attorney fees; (B) The expenses related to any civil or administrative proceeding to satisfy or contest a debt, lien, judgment, or other obligation of the person that arose as a result of the violation of this subchapter, including attorney fees; (C) The costs of repairing or replacing damaged or stolen property; (D) Lost time or wages, or any similar monetary benefit forgone while the person is seeking redress for damages resulting from a violation of this subchapter; and (E) Lost time, wages, and benefits, other losses sustained, legal fees, and other expenses incurred as a result of the use, without permission, of one’s personal identifying information by another as prohibited by § 22-3227.02. (2) Repealed. (3) “Personal identifying information” includes, but is not limited to, the following: (A) Name, address, telephone number, date of birth, or mother’s maiden name; (B) Driver’s license or driver’s license number, or non-driver’s license or non-driver’s license number; (C) Savings, checking, or other financial account number; (D) Social security number or tax identification number; (E) Passport or passport number; (F) Citizenship status, visa, or alien registration card or number; (G) Birth certificate or a facsimile of a birth certificate; (H) Credit or debit card, or credit or debit card number; (I) Credit history or credit rating; (J) Signature; (K) Personal identification number, electronic identification number, password, access code or device, electronic address, electronic identification number, routing information or code, digital signature, or telecommunication identifying information; (L) Biometric data, such as fingerprint, voice print, retina or iris image, or other unique physical representation; (M) Place of employment, employment history, or employee identification number; and (N) Any other numbers or information that can be used to access a person’s financial resources, access medical information, obtain identification, act as identification, or obtain property.

Answer 110

A person commits the offense of identity theft if that person knowingly: (1) Uses personal identifying information belonging to or pertaining to another person to obtain, or attempt to obtain, property fraudulently and without that person’s consent; (2) Obtains, creates, or possesses personal identifying information belonging to or pertaining to another person with the intent to: (A) Use the information to obtain, or attempt to obtain, property fraudulently and without that person’s consent; or (B) Give, sell, transmit, or transfer the information to a third person to facilitate the use of the information by that third person to obtain, or attempt to obtain, property fraudulently and without that person’s consent; or (3) Uses personal identifying information belonging to or pertaining to another person, without that person’s consent, to: (A) Identify himself or herself at the time of his or her arrest; (B) Facilitate or conceal his or her commission of a crime; or (C) Avoid detection, apprehension, or prosecution for a crime.

Answer 111

(a) For the purposes of this section, the term “traffics” means: (1) To sell, pledge, transfer, distribute, dispense, or otherwise dispose of property to another person as consideration for anything of value; or (2) To buy, receive, possess, or obtain control of property with intent to do any of the acts set forth in paragraph (1) of this subsection. (b) A person commits the offense of trafficking in stolen property if, on 2 or more separate occasions, that person traffics in stolen property, knowing or having reason to believe that the property has been stolen. (c) It shall not be a defense to a prosecution under this section, alone or in conjunction with § 22-1803, that the property was not in fact stolen, if the accused engages in conduct which would constitute the crime if the attendant circumstances were as the accused believed them to be. (d) Any person convicted of trafficking in stolen property shall be fined not more than the amount set forth in § 22-3571.01 or imprisoned for not more than 10 years, or both.

Answer 112

(a) A person commits the offense of receiving stolen property if that person buys, receives, possesses, or obtains control of stolen property, knowing or having reason to believe that the property was stolen. (b) It shall not be a defense to a prosecution under this section, alone or in conjunction with § 22-1803, that the property was not in fact stolen, if the accused engages in conduct which would constitute the crime if the attendant circumstances were as the accused believed them to be. (c) (1) Any person convicted of receiving stolen property shall be fined not more than the amount set forth in § 22-3571.01 or imprisoned not more than 7 years, or both, if the value of the stolen property is $1,000 or more. (2) Any person convicted of receiving stolen property shall be fined not more than the amount set forth in § 22-3571.01 or imprisoned not more than 180 days, or both, if the stolen property has some value. (d) For the purposes of this section, the term “stolen property” includes property that is not in fact stolen if the person who buys, receives, possesses, or obtains control of the property had reason to believe that the property was stolen.

Answer 113

(a) It is unlawful for a person to knowingly remove, obliterate, tamper with, or alter any identification number on a bicycle or bicycle part. (b) Any person who violates subsection (a) of this section shall be guilty of a misdemeanor and, upon conviction, shall be imprisoned for not more than 180 days, or fined not more than the amount set forth in § 22-3571.01, or both. (c) For the purposes of this section, the term: (1) “Bicycle” shall have the same meaning as provided in § 50-1609(1). (2) “Identification number” shall have the same meaning as provided in § 50-1609(1A).

Answer 114

(a) For the purposes of this subchapter, the term: (1) “Forged written instrument” means any written instrument that purports to be genuine but which is not because it: (A) Has been falsely made, altered, signed, or endorsed; (B) Contains a false addition or insertion; or (C) Is a combination of parts of 2 or more genuine written instruments. (2) “Utter” means to issue, authenticate, transfer, publish, sell, deliver, transmit, present, display, use, or certify. (3) “Written instrument” includes, but is not limited to, any: (A) Security, bill of lading, document of title, draft, check, certificate of deposit, and letter of credit, as defined in Title 28; (B) Stamp, legal tender, or other obligation of any domestic or foreign governmental entity; (C) Stock certificate, money order, money order blank, traveler’s check, evidence of indebtedness, certificate of interest or participation in any profitsharing agreement, transferable share, investment contract, voting trust certificate, certification of interest in any tangible or intangible property, and any certificate or receipt for or warrant or right to subscribe to or purchase any of the foregoing items; (D) Commercial paper or document, or any other commercial instrument containing written or printed matter or the equivalent; or (E) Other instrument commonly known as a security or so defined by an Act of Congress or a provision of the District of Columbia Official Code. (b) A person commits the offense of forgery if that person makes, draws, or utters a forged written instrument with intent to defraud or injure another.

Answer 115

(a) A person commits the offense of extortion if: (1) That person obtains or attempts to obtain the property of another with the other’s consent which was induced by wrongful use of actual or threatened force or violence or by wrongful threat of economic injury; or (2) That person obtains or attempts to obtain property of another with the other’s consent which was obtained under color or pretense of official right. (b) Any person convicted of extortion shall be fined not more than the amount set forth in § 22-3571.01 or imprisoned for not more than 10 years, or both.

Answer 116

(a) A person commits the offense of blackmail when that person, with intent to obtain property of another or to cause another to do or refrain from doing any act, threatens to: (1) Accuse another person of a crime; (2) Expose a secret or publicize an asserted fact, whether true or false, tending to subject another person to hatred, contempt, ridicule, embarrassment, or other injury to reputation; (3) Impair the reputation of another person, including a deceased person; (4) Distribute a photograph, video, or audio recording, whether authentic or inauthentic, tending to subject another person to hatred, contempt, ridicule, embarrassment, or other injury to reputation; or (5) Notify a federal, state, or local government agency or official of, or publicize, another person’s immigration or citizenship status. (b) Any person convicted of blackmail shall be fined not more than the amount set forth in § 22-3571.01 or imprisoned for not more than 5 years, or both.

Answer 117

(a) (1) Any person who, without lawful authority, shall enter, or attempt to enter, any private dwelling, building, or other property, or part of such dwelling, building, or other property, against the will of the lawful occupant or of the person lawfully in charge thereof, or being therein or thereon, without lawful authority to remain therein or thereon shall refuse to quit the same on the demand of the lawful occupant, or of the person lawfully in charge thereof, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not more than the amount set forth in § 22-3571.01, imprisonment for not more than 180 days, or both. The presence of a person in any private dwelling, building, or other property that is otherwise vacant and boarded-up or otherwise secured in a manner that conveys that it is vacant and not to be entered, or displays a no trespassing sign, shall be prima facie evidence that any person found in such property has entered against the will of the person in legal possession of the property. (2) For the purposes of this subsection, the term “private dwelling” includes a privately owned house, apartment, condominium, or any building used as living quarters, or cooperative or public housing, as defined in section 3(1) of the United States Housing Act of 1937, approved August 22, 1974 (88 Stat. 654; 42 U.S.C. § 1437a(b)), the development or administration of which is assisted by the Department of Housing and Urban Development, or housing that is owned, operated, or financially assisted by the District of Columbia Housing Authority. (b) Any person who, without lawful authority, shall enter, or attempt to enter, any public building, or other property, or part of such building, or other property, against the will of the lawful occupant or of the person lawfully in charge thereof or his or her agent, or being therein or thereon, without lawful authority to remain therein or thereon shall refuse to quit the same on the demand of the lawful occupant, or of the person lawfully in charge thereof or his or her agent, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not more than the amount set forth in § 22-3571.01, imprisonment for not more than 6 months, or both.

Answer 118

It shall be unlawful for any person or persons willfully and wantonly to disfigure, cut, chip, or cover, rub with, or otherwise place filth or excrement of any kind; to write, mark, or print obscene or indecent figures representing obscene or objects upon; to write, mark, draw, or paint, without the consent of the owner or proprietor thereof, or, in the case of public property, of the person having charge, custody, or control thereof, any word, sign, or figure upon: (1) Any property, public or private, building, statue, monument, office, public passenger vehicle, mass transit equipment or facility, dwelling or structure of any kind including those in the course of erection; or (2) The doors, windows, steps, railing, fencing, balconies, balustrades, stairs, porches, halls, walls, sides of any enclosure thereof, or any movable property.

Answer 119

It shall be unlawful for any person to burn, desecrate, mar, deface, or damage a religious or secular symbol, or to place or display a sign, mark, symbol, impression, or other emblem, including a Nazi swastika, noose, or real or simulated burning cross, on the private property of another, without the permission of the owner or the owner’s designee, or on public property, where the person acts reckless to the fact that a reasonable person would perceive that the intent of the person acting is to: (1) Deprive a person or class of persons of equal protection under federal or District law; (2) Hinder or interfere with, or retaliate for, a person’s exercise of any right secured by federal or District law; (3) Threaten to injure, break, or destroy a person’s property or harm a person’s financial interests; or (4) Threaten to do bodily harm to a person.

Answer 120

(a) No person or persons over 16 years of age, while wearing any mask, hood, or device whereby any portion of the face is hidden, concealed, or covered as to conceal the identity of the wearer, shall: (1) Enter upon, be, or appear upon any lane, walk, alley, street, road highway, or other public way in the District of Columbia; (2) Enter upon, be, or appear upon or within the public property of the District of Columbia; or (3) Hold any manner of meeting or demonstration. (b) The provisions of subsection (a) of this section apply only if the person was wearing the hood, mask, or other device: (1) With the intent to deprive any person or class of persons of equal protection of the law or of equal privileges and immunities under the law, or for the purpose of preventing or hindering the constituted authorities of the United States or the District of Columbia from giving or securing for all persons within the District of Columbia equal protection of the law; (2) With the intent, by force or threat of force, to injure, intimidate, or interfere with any person because of his or her exercise of any right secured by federal or District of Columbia laws, or to intimidate any person or any class of persons from exercising any right secured by federal or District of Columbia laws; (3) With the intent to intimidate, threaten, abuse, or harass any other person; (4) With the intent to cause another person to fear for his or her personal safety, or, where it is probable that reasonable persons will be put in fear for their personal safety by the defendant’s actions, with reckless disregard for that probability; or (5) While engaged in conduct prohibited by civil or criminal law, with the intent of avoiding identification.

Answer 121

(a) For the purposes of this section, the term: (1) “Electronic device” means any electronic, mechanical, or digital equipment that captures visual or aural images, including cameras, computers, tape recorders, video recorders, and cellular telephones. (2) “Private area” means the naked or undergarment-clad genitals, pubic area, anus, or buttocks, or female breast below the top of the areola. (b) Except as provided in subsection (e) of this section, it is unlawful for any person to occupy a hidden observation post or to install or maintain a peephole, mirror, or any electronic device for the purpose of secretly or surreptitiously observing an individual who is: (1) Using a bathroom or rest room; (2) Totally or partially undressed or changing clothes; or (3) Engaging in sexual activity. (c) (1) Except as provided in subsection (e) of this section, it is unlawful for a person to electronically record, without the express and informed consent of the individual being recorded, an individual who is: (A) Using a bathroom or rest room; (B) Totally or partially undressed or changing clothes; or (C) Engaging in sexual activity. (2) Express and informed consent is only required when the individual engaged in these activities has a reasonable expectation of privacy. (d) Except as provided in subsection (e) of this section, it is unlawful for a person to intentionally capture an image of a private area of an individual, under circumstances in which the individual has a reasonable expectation of privacy, without the individual’s express and informed consent. (e) This section does not prohibit the following: (1) Any lawful law enforcement, correctional, or intelligence observation or surveillance; (2) Security monitoring in one’s own home; (3) Security monitoring in any building where there are signs prominently displayed informing persons that the entire premises or designated portions of the premises are under surveillance; or (4) Any electronic recording of a medical procedure which is conducted under circumstances where the patient is unable to give consent. (f) (1) A person who violates subsection (b), (c), or (d) of this section is guilty of a misdemeanor and, upon conviction, shall be fined not more than the amount set forth in § 22-3571.01 or imprisoned for not more than 1 year, or both. (2) A person who distributes or disseminates, or attempts to distribute or disseminate, directly or indirectly, by any means, a photograph, film, videotape, audiotape, compact disc, digital video disc, or any other image or series of images or sounds or series of sounds that the person knows or has reason to know were taken in violation of subsection (b), (c), or (d) of this section is guilty of a felony and, upon conviction, shall be fined not more than the amount set forth in § 22-3571.01 or imprisoned for not more than 5 years, or both. (g) The Attorney General for the District of Columbia, or his or her assistants, shall prosecute a violation of subsection (b), (c), or (d) of this section for which the penalty is set forth in subsection (f)(1) of this section.

Answer 122

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.

Answer 123

(a) Any person who commits a crime of violence, or a dangerous crime in the District of Columbia when armed with or having readily available any pistol or other firearm (or imitation thereof) or other dangerous or deadly weapon (including a sawed-off shotgun, shotgun, machine gun, rifle, stun gun, dirk, bowie knife, butcher knife, switchblade knife, razor, blackjack, billy, or metallic or other false knuckles): (1) May, if such person is convicted for the first time of having so committed a crime of violence, or a dangerous crime in the District of Columbia, be sentenced, in addition to the penalty provided for such crime, to a period of imprisonment which may be up to, and including, 30 years for all offenses except first degree murder while armed, second degree murder while armed, first degree sexual abuse while armed, and first degree child sexual abuse while armed, and shall, if convicted of such offenses while armed with any pistol or firearm, be imprisoned for a mandatory-minimum term of not less than 5 years; and (2) Shall, if such person is convicted more than once of having so committed a crime of violence, or a dangerous crime in the District of Columbia, or an offense in any other jurisdiction that would constitute a crime of violence or dangerous crime if committed in the District of Columbia, be sentenced, in addition to the penalty provided for such crime, to a period of imprisonment of not less than 5 years and, except for first degree murder while armed, second degree murder while armed, first degree sexual abuse while armed and first degree child sexual abuse while armed, not more than 30 years, and shall, if convicted of such second offense while armed with any pistol or firearm, be imprisoned for a mandatory-minimum term of not less than 10 years.

Answer 124

(a) No person shall own or keep a firearm, or have a firearm in his or her possession or under his or her control, within the District of Columbia, if the person: (1) Has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year; (2) Is not licensed under § 22-4510 to sell weapons, and the person has been convicted of violating this chapter; (3) Is a fugitive from justice; (4) Is addicted to any controlled substance, as defined in § 48-901.02(4); (5) Is subject to a court order that: (A) (i) Was issued after a hearing of which the person received actual notice, and at which the person had an opportunity to participate; or (ii) Remained in effect after the person failed to appear for a hearing of which the person received actual notice; (B) Restrains the person from assaulting, harassing, stalking, or threatening the petitioner or any other person named in the order; and (C) Requires the person to relinquish possession of any firearms; (6) Has been convicted within the past 5 years of an intrafamily offense, as defined in § 16-1001(8), punishable as a misdemeanor, or any similar provision in the law of another jurisdiction.

Answer 125

Except as otherwise permitted by law, including legitimate self-defense, no firearm shall be discharged or set off in the District of Columbia without a special written permit from the Chief of Police issued pursuant to Section 1 of Article 9 of the Police Regulations of the District of Columbia, effective September 29, 1964 (C.O. 64-1397F; 24 DCMR § 2300.1) [CDCR 24-2300.1].

Answer 126

(a) The District of Columbia may prohibit or restrict the possession of firearms on its property and any property under its control. (b) Private persons or entities owning property in the District of Columbia may prohibit or restrict the possession of firearms on their property; provided, that this subsection shall not apply to law enforcement personnel when lawfully authorized to enter onto private property.

Answer 127

(a) No person shall carry within the District of Columbia either openly or concealed on or about their person, a pistol, without a license issued pursuant to District of Columbia law, or any deadly or dangerous weapon. Whoever violates this section shall be punished as provided in § 22-4515, except that: (1) A person who violates this section by carrying a pistol, without a license issued pursuant to District of Columbia law, or any deadly or dangerous weapon, in a place other than the person’s dwelling place, place of business, or on other land possessed by the person, shall be fined not more than the amount set forth in § 22-3571.01 or imprisoned for not more than 5 years, or both; or (2) If the violation of this section occurs after a person has been convicted in the District of Columbia of a violation of this section or of a felony, either in the District of Columbia or another jurisdiction, the person shall be fined not more than the amount set forth in § 22-3571.01 or imprisoned for not more than 10 years, or both. (a-1) Except as otherwise permitted by law, no person shall carry within the District of Columbia a rifle or shotgun. A person who violates this subsection shall be subject to the criminal penalties set forth in subsection (a)(1) and (2) of this section. (b) No person shall within the District of Columbia possess a pistol, machine gun, shotgun, rifle, or any other firearm or imitation firearm while committing a crime of violence or dangerous crime as defined in § 22-4501. Upon conviction of a violation of this subsection, the person may be sentenced to imprisonment for a term not to exceed 15 years and shall be sentenced to imprisonment for a mandatory-minimum term of not less than 5 years and shall not be released on parole, or granted probation or suspension of sentence, prior to serving the mandatory-minimum sentence.

Answer 128

Notwithstanding any other law, a person holding a valid registration for a firearm may carry the firearm: (1) Within the registrant’s home; (2) While it is being used for lawful recreational purposes; (3) While it is kept at the registrant’s place of business; or (4) While it is being transported for a lawful purpose as expressly authorized by District or federal statute and in accordance with the requirements of that statute.

Answer 129

(a) Any person who is not otherwise prohibited by the law from transporting, shipping, or receiving a firearm shall be permitted to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry the firearm to any other place where he may lawfully possess and carry the firearm if the firearm is transported in accordance with this section. (b) (1) If the transportation of the firearm is by a vehicle, the firearm shall be unloaded, and neither the firearm nor any ammunition being transported shall be readily accessible or directly accessible from the passenger compartment of the transporting vehicle. (2) If the transporting vehicle does not have a compartment separate from the driver’s compartment, the firearm or ammunition shall be contained in a locked container other than the glove compartment or console, and the firearm shall be unloaded. (c) If the transportation of the firearm is in a manner other than in a vehicle, the firearm shall be: (1) Unloaded; (2) Inside a locked container; and (3) Separate from any ammunition.

Answer 130

(a) The provisions of §§ 22-4504(a) and 22-4504(a-1) shall not apply to: (1) Marshals, sheriffs, prison or jail wardens, or their deputies, policemen or other duly appointed law enforcement officers, including special agents of the Office of Tax and Revenue, authorized in writing by the Deputy Chief Financial Officer for the Office of Tax and Revenue to carry a firearm while engaged in the performance of their official duties, and criminal investigators of the Office of the Inspector General, designated in writing by the Inspector General, while engaged in the performance of their official duties; (2) Special police officers and campus police officers who carry a firearm in accordance with § 5-129.02, and rules promulgated pursuant to that section; (3) Members of the Army, Navy, Air Force, or Marine Corps of the United States or of the National Guard or Organized Reserves when on duty, or to the regularly enrolled members of any organization duly authorized to purchase or receive such weapons from the United States; provided, that such members are at or are going to or from their places of assembly or target practice; (4) Officers or employees of the United States duly authorized to carry a concealed pistol; (5) Any person engaged in the business of manufacturing, repairing, or dealing in firearms, or the agent or representative of any such person having in his or her possession, using, or carrying a pistol in the usual or ordinary course of such business; and (6) Any person while carrying a pistol, transported in accordance with § 22-4504.02, from the place of purchase to his or her home or place of business or to a place of repair or back to his or her home or place of business or in moving goods from one place of abode or business to another, or to or from any lawful recreational firearm-related activity. (b) The provisions of § 22-4504(a) with respect to pistols shall not apply to a police officer who has retired from the Metropolitan Police Department, if the police officer has registered a pistol and it is concealed on or about the police officer. (c) For the purposes of subsection (a)(6) of this section, the term “recreational firearm-related activity” includes a firearms training and safety class.

Answer 131

No person shall within the District of Columbia change, alter, remove, or obliterate the name of the maker, model, manufacturer’s number, or other mark or identification on any pistol, machine gun, or sawed-off shotgun. Possession of any pistol, machine gun, or sawed-off shotgun upon which any such mark shall have been changed, altered, removed, or obliterated shall be prima facie evidence that the possessor has changed, altered, removed, or obliterated the same within the District of Columbia; provided, however, that nothing contained in this section shall apply to any officer or agent of any of the departments of the United States or the District of Columbia engaged in experimental work.

Answer 132

(a) No person shall within the District of Columbia possess any machine gun, sawed-off shotgun, bump stock, ghost gun, knuckles or any instrument or weapon of the kind commonly known as a blackjack, slung shot, sand club, sandbag, switchblade knife, nor any instrument, attachment, or appliance for causing the firing of any firearm to be silent or intended to lessen or muffle the noise of the firing of any firearms; provided, however, that machine guns, or sawed-off shotgun, bump stock, ghost gun, knuckles and blackjacks may be possessed by the members of the Army, Navy, Air Force, or Marine Corps of the United States, the National Guard, or Organized Reserves when on duty, the Post Office Department or its employees when on duty, marshals, sheriffs, prison or jail wardens, or their deputies, policemen, or other duly-appointed law enforcement officers, including any designated civilian employee of the Metropolitan Police Department, or officers or employees of the United States duly authorized to carry such weapons, banking institutions, public carriers who are engaged in the business of transporting mail, money, securities, or other valuables, wholesale dealers and retail dealers licensed under § 22-4510. (b) No person shall within the District of Columbia possess, with intent to use unlawfully against another, an imitation pistol, or a dagger, dirk, razor, stiletto, or knife with a blade longer than 3 inches, or other dangerous weapon. (c) Whoever violates this section shall be punished as provided in § 22-4515 unless the violation occurs after such person has been convicted in the District of Columbia of a violation of this section, or of a felony, either in the District of Columbia or in another jurisdiction, in which case such person shall be imprisoned for not more than 10 years.

Answer 133

(a) No person shall within the District of Columbia manufacture, transfer, use, possess, or transport a molotov cocktail. As used in this subsection, the term “molotov cocktail” means: (1) a breakable container containing flammable liquid and having a wick or a similar device capable of being ignited; or (2) any other device designed to explode or produce uncontained combustion upon impact; but such term does not include a device lawfully and commercially manufactured primarily for the purpose of illumination, construction work, or other lawful purpose. (b) No person shall manufacture, transfer, use, possess, or transport any device, instrument, or object designed to explode or produce uncontained combustion, with the intent that the same may be used unlawfully against any person or property. (c) No person shall, during a state of emergency in the District of Columbia declared by the Mayor pursuant to law, or during a situation in the District of Columbia concerning which the President has invoked any provision of Chapter 15 of Title 10, United States Code, manufacture, transfer, use, possess, or transport any device, instrument, or object designed to explode or produce uncontained combustion, except at his or her residence or place of business.

Answer 134

(a) As used in this section, the term “dangerous article” means: (1) Any weapon such as a pistol, machine gun, sawed-off shotgun, blackjack, slingshot, sandbag, or metal knuckles; or (2) Any instrument, attachment, or appliance for causing the firing of any firearms to be silent or intended to lessen or muffle the noise of the firing of any firearms. (b) A dangerous article unlawfully owned, possessed, or carried is hereby declared to be a nuisance. (c) When a police officer, in the course of a lawful arrest or lawful search, or when a designated civilian employee of the Metropolitan Police Department in the course of a lawful search, discovers a dangerous article which the officer reasonably believes is a nuisance under subsection (b) of this section the officer shall take it into his or her possession and surrender it to the Property Clerk of the Metropolitan Police Department. (d) (1) Within 30 days after the date of such surrender, any person may file in the office of the Property Clerk of the Metropolitan Police Department a written claim for possession of such dangerous article. Upon the expiration of such period, the Property Clerk shall notify each such claimant, by registered mail addressed to the address shown on the claim, of the time and place of a hearing to determine which claimant, if any, is entitled to possession of such dangerous article. Such hearing shall be held within 60 days after the date of such surrender. (2) At the hearing the Property Clerk shall hear and receive evidence with respect to the claims filed under paragraph (1) of this subsection. Thereafter he or she shall determine which claimant, if any, is entitled to possession of such dangerous article and shall reduce his or her decision to writing. The Property Clerk shall send a true copy of such written decision to each claimant by registered mail addressed to the last known address of such claimant. (3) Any claimant may, within 30 days after the day on which the copy of such decision was mailed to such claimant, file an appeal in the Superior Court of the District of Columbia. If the claimant files an appeal, he or she shall at the same time give written notice thereof to the Property Clerk. If the decision of the Property Clerk is so appealed, the Property Clerk shall not dispose of the dangerous article while such appeal is pending and, if the final judgment is entered by such court, he or she shall dispose of such dangerous article in accordance with the judgment of such court. The Superior Court of the District of Columbia is authorized to determine which claimant, if any, is entitled to possession of the dangerous article and to enter a judgment ordering a disposition of such dangerous article consistent with subsection (f) of this section. (4) If there is no such appeal, or if such appeal is dismissed or withdrawn, the Property Clerk shall dispose of such dangerous article in accordance with subsection (f) of this section. (5) The Property Clerk shall make no disposition of a dangerous article under this section, whether in accordance with his or her own decision or in accordance with the judgment of the Superior Court of the District of Columbia, until the United States Attorney for the District of Columbia certifies to the Property Clerk that such dangerous article will not be needed as evidence. (e) A person claiming a dangerous article shall be entitled to its possession only if: (1) such person shows, on satisfactory evidence, that such person is the owner of the dangerous article or is the accredited representative of the owner, and that the ownership is lawful; (2) such person shows on satisfactory evidence that at the time the dangerous article was taken into possession by a police officer or a designated civilian employee of the Metropolitan Police Department, it was not unlawfully owned and was not unlawfully possessed or carried by the claimant or with his or her knowledge or consent; and (3) the receipt of possession by the claimant does not cause the article to be a nuisance. A representative is accredited if such person has a power of attorney from the owner. (f) If a person claiming a dangerous article is entitled to its possession as determined under subsections (d) and (e) of this section, possession of such dangerous article shall be given to such person. If no person so claiming is entitled to its possession as determined under subsections (d) and (e) of this section, or if there be no claimant, such dangerous article shall be destroyed. In lieu of such destruction, any such serviceable dangerous article may, upon order of the Mayor of the District of Columbia, be transferred to and used by any federal or District Government law-enforcing agency, and the agency receiving same shall establish property responsibility and records of these dangerous articles. (g) The Property Clerk shall not be liable in damages for any action performed in good faith under this section.

Answer 135

(a) Under circumstances described in this subchapter, a judicial officer may issue a search warrant upon application of a law enforcement officer or prosecutor. A warrant may authorize a search to be conducted anywhere in the District of Columbia and may be executed pursuant to its terms. (b) A search warrant may direct a search of any or all of the following: (1) one or more designated or described places or premises; (2) one or more designated or described vehicles; (3) one or more designated or described physical objects; or (4) designated persons. (c) A search warrant may direct the seizure of designated property or kinds of property, and the seizure may include, to such extent as is reasonable under all the circumstances, taking physical or other impressions, or performing chemical, scientific, or other tests or experiments of, from, or upon designated premises, vehicles, or objects. (d) Property is subject to seizure pursuant to a search warrant if there is probable cause to believe that it — (1) is stolen or embezzled; (2) is contraband or otherwise illegally possessed; (3) has been used or is possessed for the purpose of being used, or is designed or intended to be used, to commit or conceal the commission of a criminal offense; or (4) constitutes evidence of or tends to demonstrate the commission of an offense, the identity of a person participating in the commission of an offense, or the identity of a person who is the victim of a crime. (e) A search warrant may be addressed to a specific law enforcement officer or to any classification of officers of the Metropolitan Police Department of the District of Columbia or other agency authorized to make arrests or execute process in the District of Columbia. (f) A search warrant shall contain — (1) the name of the issuing court, the name and signature of the issuing judicial officer, and the date of issuance; (2) if the warrant is addressed to a specific officer, the name of that officer, otherwise, the classifications of officers to whom the warrant is addressed; (3) a designation of the premises, vehicles, objects, or persons to be searched, sufficient for certainty of identification; (4) a description of the property whose seizure is the object of the warrant; (5) a direction that the warrant be executed during the hours of daylight or, where the judicial officers have found cause therefor, including one of the grounds set forth in section 23-522(c)(1), an authorization for execution at any time of day or night; and (6) a direction that the warrant and an inventory of any property seized pursuant thereto be returned to the court on the next court day after its execution.

Answer 136

(a) Each application for a search warrant shall be made in writing, or by telephone or other appropriate means, including facsimile transmissions or other electronic communications, upon oath or affirmation to a judicial officer, pursuant to the Superior Court Rules of Criminal Procedure. (b) Each application shall include — (1) the name and title of the applicant; (2) a statement that there is probable cause to believe that property of a kind or character described in section 23-521(d) is likely to be found in a designated premise, in a designated vehicle or object, or upon designated persons; (3) allegations of fact supporting such statement; and (4) a request that the judicial officer issue a search warrant directing a search for and seizure of the property in question. The applicant may also submit depositions or affidavits of other persons containing allegations of fact supporting or tending to support those contained in the application. (c) The application may also contain a request that the search warrant be made executable at any hour of the day or night upon the ground that there is probable cause to believe that (1) it cannot be executed during the hours of daylight, (2) the property sought is likely to be removed or destroyed if not seized forthwith, or (3) the property sought is not likely to be found except at certain times or in certain circumstances. Any request made pursuant to this subsection must be accompanied and supported by allegations of fact supporting such request.

Answer 137

(a) A search warrant shall not be executed more than ten days after the date of issuance and shall be returned to the court after its execution or expiration in accordance with section 23-521(f)(6). (b) A search warrant may be executed on any day of the week and, in the absence of express authorization in the warrant pursuant to section 23-521(f)(5), shall be executed only during the hours of daylight. For the purposes of this subsection, the term “hours of daylight” means between 6:00 a.m. and 9:00 p.m.

Answer 138

(a) An officer executing a warrant directing a search of a dwelling house or other building or a vehicle shall execute such warrant in accordance with section 3109 of Title 18, United States Code. (b) An officer executing a warrant directing a search of a person shall give, or make reasonable effort to give, notice of his identity and purpose to the person, and, if such person thereafter resists or refuses to permit the search, such person shall be subject to arrest by such officer pursuant to section 23-581(a) for violation of section 432 of the Revised Statutes of the United States relating to the District of Columbia (D.C. Official Code, sec. 22-405) (resisting a police officer) or other applicable provision of law. (c) (1) An officer or agent executing a search warrant shall write and subscribe an inventory setting forth the time of the execution of the search warrant and the property seized under it. (2) If the search is of a person, a copy of the warrant and of the return shall be given to that person. (3) If the search is of a place, vehicle, or object, a copy of the warrant and of the return shall be given to the owner thereof if he is present, or if he is not, to an occupant, custodian, or other person present; or if no person is present, the officer shall post a copy of the warrant and of the return upon the premises, vehicle, or object searched. (d) A copy of the warrant shall be filed with the court whose judge or magistrate authorized its issuance on the next court day after its execution, together with a copy of the return. (e) An officer or agent executing a search warrant may seize any property discovered in the course of the lawful execution of such warrant if he has probable cause to believe that such property is subject to seizure under section 23-521(d), even if the property is not enumerated in the warrant or the application therefor, and no additional warrant shall be required to authorize such seizure, if the property is fully set forth in the return. Such seizure may include taking physical or other impressions or performing chemical, scientific, or other tests or experiments. (f) An officer or agent executing a search warrant may take photographs and measurements during the execution. (g) An officer executing a warrant directing a search of premises or a vehicle may search any person therein (1) to the extent reasonably necessary to protect himself or others from the use of any weapon which may be concealed upon the person, or (2) to the extent reasonably necessary to find property enumerated in the warrant which may be concealed upon the person.

Answer 139

As used in this subchapter — (1) the term “wire communication” means any communication made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other like connection between the point of origin and the point of reception furnished or operated by any person engaged as a common carrier in providing or operating such facilities; (2) the term “oral communication” means any oral communication uttered by a person exhibiting an expectation that the communication is not subject to interception under circumstances justifying the expectation; (3) the term “intercept” means the aural acquisition of the contents of any wire or oral communication through the use of any intercepting device; (4) the term “intercepting device” means any electronic, mechanical, or other device or apparatus which can be used to intercept a wire or oral communication other than — (A) any telephone or telegraph instrument, equipment, or facility, or any component thereof, (i) furnished to the subscriber or user by a communications common carrier in the ordinary course of its business and being used by the subscriber or user in the ordinary course of its business; or (ii) being used by a communications common carrier in the ordinary course of its business, or by an investigative or law enforcement officer in the ordinary course of his duties; or (B) a hearing aid or similar device being used to correct subnormal hearing to not better than normal; (5) the term “investigative or law enforcement officer” means any officer of the United States or of the District of Columbia who is empowered by law to conduct investigations of or to make arrests for offenses enumerated in this subchapter, and any attorney authorized by law to prosecute or participate in the prosecution of such offenses; (6) the term “contents”, when used with respect to any wire or oral communication, includes any information concerning the identity of the parties to the communication or the existence, substance, purport, or meaning of that communication; (7) the term “judge” means a judge of the Superior Court of the District of Columbia, a judge of the District of Columbia Court of Appeals, a judge of the United States District Court for the District of Columbia, or a judge of the United States Court of Appeals for the District of Columbia circuit; (8) the term “judge of competent jurisdiction” means, in addition to the judges included in paragraph (7) — (A) a judge of a United States district court or a United States court of appeals not in the District of Columbia; or (B) a judge of any court of general criminal jurisdiction of a State who is authorized by a statute of that State to enter orders authorizing interceptions of wire or oral communications; (9) the term “aggrieved person” means a person who was a party to any intercepted wire or oral communication or a person against whom the interception was directed; (10) the term “communication common carrier” has the same meaning which is given the term “common carrier” by section 3(h) of the Communications Act of 1934 (47 U.S.C. 153(h)); and (11) the term “United States attorney” means the United States attorney for the District of Columbia or any of his assistants designated by him or otherwise designated by law to act in his place for the particular purpose in question. (12) The term “domestic partner” shall have the same meaning as provided in § 32-701(3).

Answer 140

(a) (1) A judicial officer may issue a warrant for the arrest of any person upon a sworn complaint which states facts constituting an offense over which the judicial officer has jurisdiction for trial or preliminary examination, and establishing probable cause to believe that the person committed the offense. More than one warrant may issue on the same complaint. (2) Upon request of the prosecutor, a summons shall issue instead of an arrest warrant. More than one summons may issue on the same complaint. If a person fails to appear in response to a summons, a warrant shall issue for his arrest. (b) (1) An arrest warrant shall be signed by the judicial officer and shall state or contain the name of the issuing court, the date of issuance of the warrant, a description of the offense charged, and the name of the person to be arrested or, if his name is unknown, any name or description by which he can be identified with reasonable certainty. It shall command that the person be arrested and brought before the issuing court or officer. (2) A summons shall be in the same form as an arrest warrant except that it shall summon the person named to appear before the issuing court or officer at a stated time and place. (c) An arrest warrant may be directed to a specific law enforcement officer or to any classifications of officers of the Metropolitan Police of the District of Columbia or other agency authorized to make arrests or execute process. (d) Each complaint shall be made in writing upon oath or affirmation. Except for good cause shown, no warrant shall be issued unless the complaint has been approved by an appropriate prosecutor

Answer 141

(a) (1) A warrant issued pursuant to this subchapter shall be executed by the arrest of the person named. The officer need not have the warrant in his possession at the time of the arrest, but upon request he shall show the warrant to the person as soon as possible. If the officer does not have the warrant in his possession at the time of the arrest, he shall inform the person of the offense charged and of the fact that a warrant has been issued. (2) A summons shall be served upon a person by delivering a copy to him personally, by leaving it at his dwelling house or usual place of abode with some person of suitable age and discretion then residing therein, or by mailing it to the person’s last known address. (b) (1) The officer executing a warrant shall make return thereof to the judicial officer before whom the person is brought for preliminary examination. At the request of the appropriate prosecutor, any unexecuted and unexpired warrant shall be returned to the issuing court or judicial officer and shall be canceled. (2) On or before the return day the person to whom a summons was delivered for service shall make return thereof to the court or officer before whom the summons is returnable. (3) At the request of the appropriate prosecutor made at any time while the complaint is pending, a warrant returned unexecuted and not canceled or expired or a summons returned unserved or a duplicate thereof may be delivered by the judicial officer to the marshal or other authorized person for execution or service. (c) (1) A law enforcement officer within the District of Columbia making an arrest under a warrant issued pursuant to this subchapter, making an arrest without a warrant, or receiving a person arrested by a special policeman or other person pursuant to § 23-582, or a designated civilian employee of he Metropolitan Police Department receiving a person arrested by a law enforcement officer within the District of Columbia or a special policeman or other person pursuant to § 23-582, shall take the arrested person without unnecessary delay before the court or other judicial officer empowered to commit persons charged with the offense for which the arrest was made. This subsection, however, shall not be construed to conflict with or otherwise supersede section 3501 of Title 18, United States Code. When a person arrested without a warrant is brought before a judicial officer, a complaint or information shall be filed forthwith. (2) Before taking an arrested person to a judicial officer, a law enforcement officer or a designated civilian employee of the Metropolitan Police Department, may perform any recording, fingerprinting, photographing, or other preliminary police duties required in the particular case, and if such duties are performed with reasonable promptness, the period of time required therefor shall not constitute a delay within the meaning of this section.

Answer 142

(a) (1) A law enforcement officer may arrest, without a warrant having previously been issued therefor — (A) a person who he has probable cause to believe has committed or is committing a felony; (B) a person who he has probable cause to believe has committed or is committing an offense in his presence; (C) a person who he has probable cause to believe has committed or is about to commit any offense listed in paragraph (2) and, unless immediately arrested, may not be apprehended, may cause injury to others, or may tamper with, dispose of, or destroy evidence; and (D) a person whom he has probable cause to believe has committed any offense which is listed in paragraph (3) of this section, if the officer has reasonable grounds to believe that, unless the person is immediately arrested, reliable evidence of alcohol or drug use may become unavailable or the person may cause personal injury or property damage. (2) The offenses referred to in subparagraph (C) of paragraph (1) are the following: (A) The following offenses specified in the Act entitled “An Act to establish a code of law for the District of Columbia”, approved March 3, 1901, and listed in the following table: Offense:Specified in —Assault section 806 (D.C. Code, sec. 22-404).Unlawful entry section 824 (D.C. Code, sec. 22-3302).Malicious burning, destruction or injury of another’s property section 848 (D.C. Code, sec. 22-303). (B) The following offense specified in the Omnibus Public Safety Amendment Act of 2006, effective April 24, 2007 (D.C. Law 16-306; 53 DCR 8610): Voyeurism (section 105 [D.C. Code, sec 22-3531]). (C) The following offenses specified in the District of Columbia Theft and White Collar Crimes Act of 1982, and listed in the following table: Theft of property valued less than $250 (section 111 [D.C. Official Code, § 22-3211]) Receiving stolen property (section 132 [D.C. Official Code, § 22-3232]) Shoplifting (section 113 [D.C. Official Code, § 22-3213]) (D) Attempts to commit the following offenses specified in the Act and listed in the following table: Theft of property valued in excess of $250 (section 111 [D.C. Official Code, § 22-3211]) Unauthorized use of vehicles (section 115 [D.C. Official Code, § 22-3215]) (E) The following offenses specified in the Illegal Dumping Enforcement Act of 1994 [Chapter 9 of Title 8], and listed in the following table: Unauthorized disposal of solid waste (section 3 [D.C. Official Code, § 22-3211]) (F) The following offenses specified in section 113.7 of Title 12A of the District of Columbia Municipal Regulations (12A DCMR § 113.7), and listed in the following table: Illegal Construction (section 113.7 [12A DCMR, § 113.7]) (3) The offenses which are referred to in paragraph (1)(D) of this section are the following offenses specified in the District of Columbia Traffic Act of 1925, approved March 3, 1925 (43 Stat. 1119; § 50-2201.01 et seq.), and listed in the following table: Aggravated reckless driving (section 9(b-1) [D.C. Official Code, § 50-2201.04(b-1)]) Fleeing from the scene of an accident (section 10(a) [D.C. Official Code, § 50-2201.05(a)]) Operating or physically controlling a vehicle when under the influence of intoxicating liquor or drugs, when operating ability is impaired by intoxicating liquor, or when the operator’s blood, breath, or urine contains the amount of alcohol which is prohibited by section 10(b) (section 10(b) (D.C. Official Code § 50-2201.05(b)) Operating a motor vehicle when the operator’s permit is revoked or suspended (section 13(e) (D.C. Official Code § 50-1403.01(e)). (a-1) A law enforcement officer may arrest a person without an arrest warrant if the officer has probable cause to believe the person has committed an intrafamily offense as provided in section 16-1031(a). (a-2) A law enforcement officer may arrest a person without an arrest warrant if the officer has probable cause to believe the person has committed an offense as provided in Chapter 23 of Title 22. (a-3) A law enforcement officer may arrest a person without a warrant if the officer has probable cause to believe the person has committed an offense as provided in sections 22-3312.01, 22-3312.02, and 22-3312.03. (a-4) A law enforcement officer may arrest a person without a warrant if the officer has probable cause to believe the person has committed the offense of unlawful entry of a motor vehicle as provided in [§ 22-1341]. (a-5) A law enforcement officer may arrest a person without a warrant if the officer has probable cause to believe the person has committed the offense of tampering with a detection device as provided in [§ 22-1211]. (a-6) A law enforcement officer may arrest a person without a warrant if the officer has probable cause to believe the person has committed the offense of engaging in an unlawful protest targeting a residence as provided in [§ 22-2752]. (a-7) A law enforcement officer may arrest a person without a warrant if the officer has probable cause to believe the person has committed the offense of misdemeanor sexual abuse, misdemeanor sexual abuse of a child or minor, or lewd, indecent, or obscene acts, or sexual proposal to a minor, as provided in §§ 22-3006, 22-3010.01, and 22-1312. (a-8) A law enforcement officer may arrest a person without a warrant if the officer has probable cause to believe the person has committed the offense of stalking as provided in § 22-3133. (a-9) A law enforcement officer may arrest a person without a warrant if the officer has probable cause to believe the person has committed the offense of presenting a fraudulent identification document for the purpose of entering an establishment possessing an on-premises retailer’s license, an Arena C/X license, or a temporary license as provided in § 25-1002(b)(2). (a-10) A law enforcement officer may arrest a person without a warrant if the officer has probable cause to believe the person has been directed by a releasing official pursuant to § 23-584(d)(1) as a condition of release on citation to stay away from a particular place or a particular person, and the person has violated that condition. (b) A law enforcement officer may, even if his jurisdiction does not extend beyond the District of Columbia, continue beyond the District, if necessary, a pursuit commenced within the District of a person who has committed an offense or who he has probable cause to believe has committed or is committing a felony, and may arrest that person in any State the laws of which contain provisions equivalent to those of section 23-901.

Answer 143

(a) A special policeman shall have the same powers as a law enforcement officer to arrest without warrant for offenses committed within premises to which his jurisdiction extends, and may arrest outside the premises on fresh pursuit for offenses committed on the premises. (b) A private person may arrest another — (1) who he has probable cause to believe is committing in his presence — (A) a felony; or (B) an offense enumerated in section 23-581(a)(2); or (2) in aid of a law enforcement officer or special policeman, or other person authorized by law to make an arrest. (c) Any person making an arrest pursuant to this section shall deliver the person arrested to a law enforcement officer without unreasonable delay.

Answer 144

Whenever any person who is (1) within the District of Columbia, (2) charged with any offense committed in any State, and (3) liable by the Constitution and laws of the United States to be delivered over upon the demand of the Governor of that State, any judge of the Superior Court may, upon complaint on oath or affirmation of any credible witness, setting forth theoffense, that the person is a fugitive from justice, and such other matters as are necessary to bring the case within the provisions of law, issue a warrant to bring the person so charged before the Superior Court, to answer the complaint.

Answer 145

Any member of a duly organized peace unit of any State (or county or municipality thereof) of the United States who enters the District of Columbia in fresh pursuit and continues within the District of Columbia in fresh pursuit of a person in order to arrest him on the ground that he is believed to have committed a felony in such State shall have the same authority to arrest and hold that person in custody as has any member of any duly organized peace unit of the District of Columbia to arrest and hold in custody a person on the ground that he is believed to have committed a felony in the District of Columbia. This section shall not be construed so as to make unlawful any arrest in the District of Columbia which would otherwise be lawful.

Answer 146

For purposes of this chapter, the term “fresh pursuit” shall include fresh pursuit as defined by the common law, also the pursuit of a person who has committed a felony or one who the pursuing officer has reasonable grounds to believe has committed a felony. It shall also include the pursuit of a person who the pursuing officer has reasonable grounds to believe has committed a felony, although no felony has actually been committed, if there is reasonable ground for believing that a felony has been committed. Such term shall not necessarily imply an instant pursuit, but pursuit without unreasonable delay

Answer 147

For purposes of this section, (1) The term “community” means a formal or informal association or group of people living, working, or attending school in the same place or neighborhood and sharing common interests arising from social, business, religious, governmental, scholastic, or recreational associations. (1A) The term “community impact statement” means a written statement that provides information about the social, financial, emotional, and physical effects of the defendant or crime on the community. (1B) The term “court” means the Superior Court of the District of Columbia. (2) (A) The term “victim” or “crime victim” means a person who or entity which has suffered direct physical, emotional, or pecuniary harm: (i) As a result of the commission of any felony or misdemeanor in violation of any criminal statute in the District of Columbia; (ii) While assisting lawfully to apprehend a person reasonably suspected of having committed or attempted a crime; (iii) While assisting a person against whom a crime has been committed or attempted if the assistance was rendered in a reasonable manner; or (iv) While attempting to prevent the commission of a crime. (B) In the case of a victim or crime victim: (i) That is an institutional entity, the term “victim” or “crime victim” includes an authorized representative of the entity. (ii) Who is under 18 years of age, incompetent, incapacitated, or deceased, the term “victim” or “crime victim” includes a representative appointed by the court to exercise the rights and receive the services set forth in this chapter on behalf of the victim. (C) The term “victim” shall not include any person who committed or aided or abetted in the commission of the crime.

Answer 148

For the purposes of this subchapter, the term: (1) “DC SANE Program” means the DC Sexual Assault Nurse Examiner Program that provides comprehensive medical forensic care to sexual assault victims, including: (A) The DC Forensic Nurse Examiners; (B) The Child and Adolescent Protection Center; or (C) Any other entity within the District that is a member of the SART, or the multidisciplinary investigation team, described in § 4-1301.51. (2) “Forensic nurse examiner” means a nurse with specialized training in medical forensic evidence collection who provides comprehensive medical forensic care to sexual assault victims and participates in the DC SANE Program. (3) “Hospital” means a facility that provides 24-hour inpatient care, including diagnostic, therapeutic, and other health-related services, for a variety of physical or mental conditions, and may, in addition, provide outpatient services, particularly emergency care. (4) “Interview” means any interview conducted by the MPD or other District agency with a sexual assault victim relating to the alleged sexual assault. (5) “MPD” means the Metropolitan Police Department. (6) “OVSJG” means the Office of Victim Services and Justice Grants, established pursuant to Mayor’s Order 2016-171. (7) “PERK” means a Physical Evidence Recovery Kit used to collect and preserve physical evidence related to a sexual assault or alleged sexual assault. (8) “SART” shall have the same meaning as provided in § 4-561.01(11). (9) “Sexual assault” means any of the following offenses: §§ 22-1834 (sex trafficking of children); 22-2704 (abducting or enticing child from his or her home for the purposes of prostitution; harboring such child); 22-2705 (pandering; inducing or compelling an individual to engage in prostitution); 22-2706 (compelling an individual to live life of prostitution against his or her will); 22-2708 (causing spouse or domestic partner to live in prostitution); 22-2709 (detaining an individual in disorderly house for debt there contracted); 22-1901 (incest); 22-3002 (first degree sexual abuse); 22-3003 (second degree sexual abuse); 22-3004 (third degree sexual abuse); 22-3005 (fourth degree sexual abuse); 22-3006 (misdemeanor sexual abuse); 22-3008 (first degree child sexual abuse); 22-3009 (second degree child sexual abuse); 22-3009.01 (first degree sexual abuse of a minor); 22-3009.02 (second degree sexual abuse of a minor); 22-3009.03 (first degree sexual abuse of a secondary education student); 22-3009.04 (second degree sexual abuse of a secondary education student); 22-3010 (enticing a child or minor); 22-3010.01 (misdemeanor sexual abuse of a child or minor); 22-3010.02 (arranging for sexual contact with a real or fictitious child); 22-3013 (first degree sexual abuse of a ward, patient, client, or prisoner); 22-3014 (second degree sexual abuse of a ward, patient, client, or prisoner); 22-3015 (first degree sexual abuse of a patient or client); 22-3016 (second degree sexual abuse of a patient or client); 22-3018 (attempts to commit sexual offenses); or 22-3102 (knowingly using a minor in a sexual performance or promoting a sexual performance by a minor). (10) “Sexual assault counselor” means an employee, contractor, or volunteer of a community-based organization serving sexual assault victims 13 years of age or older who: (A) Renders support, counseling, or assistance to a sexual assault victim; (B) Has undergone at least 40 hours of training related to sexual assault counseling using a curriculum approved by the OVSJG that includes instruction on: (i) The dynamics and history of sexual assault and gender-based violence; (ii) Sex trafficking and other forms of commercial sexual exploitation; (iii) Trauma resulting from sexual assault, gender-based violence, and commercial sexual exploitation; (iv) Responding to the specific needs of youth sexual assault victims; (v) Responding to the specific needs of sexual assault victims with respect to their sexual orientation, gender identity, or gender expression; (vi) Trauma-informed care, crisis intervention, personal safety, and risk management; and (vii) Cultural humility; (viii) The sexual assault victim advocate dispatch system, developed by OVSJG and approved by the SART, pursuant to § 23-1909(e); and (ix) Services available to sexual assault victims, including how to access medical forensic care services available through the DC SANE Programs; and (C) Is supervised by an individual who has a minimum of: (i) 5 years of experience rendering support, counseling, or assistance to sexual assault victims; or (ii) 3 years of experience rendering support, counseling, or assistance to sexual assault victims and an advanced degree in a related field. (11) “Sexual assault victim” means any individual against whom a sexual assault has been committed or is alleged to have been committed, including: (A) Deceased individuals; and (B) Representatives appointed by the court to exercise the rights and receive services on behalf of sexual assault victims who are under 18 years of age, incompetent, incapacitated, or deceased. (12) “Sexual assault victim advocate” means an employee or contractor of a community-based organization whose director or their director’s designee is a member of the SART and who: (A) Is a sexual assault counselor; and (B) Has undergone an additional 20 hours of training related to sexual assault victim advocacy using a curriculum approved by the OVSJG that includes instruction on: (i) The District’s criminal justice system; (ii) Crime victims’ rights; and (iii) Avoiding the unauthorized practice of law. (13) “Sexual Assault Victim’s Rights Card” means a document, published by OVSJG in consultation with the SART, printed in the most widely spoken languages in the District, that advises sexual assault victims of their rights under this subchapter. (14) “Sexual assault youth victim advocate” means an employee or contractor of a community-based organization whose director or the director’s designee is a member of the SART and who: (A) Qualifies as a sexual assault victim advocate; and (B) Has undergone an additional 20 hours of training related to youth sexual assault victim advocacy using a curriculum approved by the OVSJG that includes instruction on: (i) Providing services to sexual assault victims under the age of 18, including the different needs of children and adolescents; (ii) Navigating family dynamics in the context of providing services to children and adolescents who have experienced sexual assault; (iii) The co-occurrence of child abuse in children and adolescents who have experienced sexual assault; and (iv) Children’s susceptibility to suggestive questioning, the impact suggestive questions have on criminal investigations and prosecutions, and techniques for minimizing the potential for suggestibility.

Answer 149

(a) In addition to the rights set forth in subchapter I of this chapter, a sexual assault victim shall have the right to have: (1) A PERK performed at no cost; (2) To have their PERK and any additional probative or evidentiary contents preserved, without charge, for 65 years from the date the crime is first reported to the law enforcement agency, as that term is defined in § 5-113.31(9); (3) For sexual assault victims 18 years of age or older, a sexual assault victim advocate, and for sexual assault victims ages 13 to 17, a sexual assault youth victim advocate, present during any: (A) Forensic medical, evidentiary, or physical examination; (B) Point during the hospital visit; provided, that the presence of a sexual assault victim advocate or a sexual assault youth victim advocate does not pose health or safety risks to the sexual assault victim, the sexual assault victim advocate, or the sexual assault youth victim advocate; and (C) Interview. (b) A sexual assault victim shall have the rights provided in subsection (a)(3) of this section even if the sexual assault victim previously declined the presence of a sexual assault victim advocate or a sexual assault youth victim advocate.

Answer 150

For the purposes of this title, the term: (1) “ABRA” means the Alcoholic Beverage Regulation Administration established by § 25-202. (2) “ABRA Fund” means the Alcoholic Beverage Regulation Administration Fund established by § 25-210. (2A) [Repealed]. (3) “Adult” means a person who is 21 years of age or older. (4) “Alcohol” means ethyl alcohol, hydrated oxide of ethyl, or spirit of wine, from whatever source or by whatever processes produced. (4A) “Alcohol training and education certification provider” means any person or entity approved by the Board to conduct an alcohol training and education certification program as set forth in § 25-121. (5) “Alcoholic beverage” means a liquid or solid, patented or not, containing alcohol capable of being consumed by a human being. The term “alcoholic beverage” shall not include a liquid or solid containing less than one-half of 1% of alcohol by volume. (6) “Applicant” means, as the context requires, the individual applicant, each member of an applicant partnership or limited liability company, or each of the principal officers, directors, and shareholders of an applicant corporation, or, if other than an individual, the applicant entity. (7) “ANC” means an Advisory Neighborhood Commission as authorized under § 1-207.38. (8) “Back-up drink” means a drink, including a single drink consisting of more than one alcoholic beverage, that is served to a customer before the customer has consumed a previously served drink. (9) “Bartender” means a person who fixes, mixes, makes, or concocts an alcoholic beverage for consumption. (9A) “Bed and breakfast” means an establishment with fewer than 30 guest rooms, a dining room in the same or a connected building, and where breakfast is included in the price of a sleeping room. (10) “Beer” means a fermented beverage of any name or description manufactured from malt, wholly or in part, or from any substitute for malt. (11) “Board” means the Alcoholic Beverage Control Board established by § 25-201. (11A) “Board-approved manager” and “manager” mean a person, other than the owner, who is licensed by ABRA [and] who is required to be on duty and on the premises during the approved licensed hours of sales, service, and consumption of alcoholic beverages. (12) “Brew pub” means an establishment for the manufacture of beer to be sold for consumption only at the place of manufacture and for sale to other licensees as authorized in § 25-117(a)(1). (13) “Business days” means Monday, Tuesday, Wednesday, Thursday, and Friday, excluding holidays. (14) “Caterer” means a corporation, partnership, individual, or limited liability company that prepares, sells, delivers, and serves food and beverages to its customers, under an agreement in advance of delivery, for a catered event on the premises designated by the customer for the duration of the catered event. (14A) “CLC license” means the commercial lifestyle center license established by § 25-131. (14B) “Closed container” means a container with a tamper-evident seal or lid, including a seal or lid that indicates whether the closure has been interfered with or removed, designed to prevent consumption without the removal of the seal or lid. (15) “Club” means a corporation, duly organized and in good standing under Chapters 1 and 4 of Title 29, a limited liability company, or partnership owning, leasing, or occupying a building, or a portion thereof, at which the sale of alcoholic beverages is incidental to, and not the prime source of revenue from, the operation of the building or the portion thereof. The term “club” shall not include a college fraternity or sorority. (15A) Repealed. (15B) “Commercial lifestyle center” means a mixed-use or commercial development having a combination of retail, residential, dining, entertainment, office, or hotel establishment located in a physically integrated outdoor setting that is pedestrian friendly and that is governed by a commercial owners’ association responsible for the management, maintenance, and operation of the common areas of the development. (16) “Credit card” means a consumer credit card extended on a nationally recognized account pursuant to a plan under which: (A) The creditor may permit the customer to make purchases or obtain loans by the use of a credit card, check, or other device as the plan may provide; (B) The customer has the privilege of paying the balance in full or in installments; and (C) A finance charge may be computed by the creditor from time to time on an outstanding unpaid balance. (16A) “Crowler” means a recyclable container that is capable of holding up to 64 ounces of beer or wine and is designed to be filled and sealed on premises for consumption off premises. (17) “CSA” means Chapter 9 of Title 48. (17A) “Curbside delivery” means deliveries made to a clearly designated location that is adjacent to the licensed premises of the off-premises retailer, on-premises retailer, or manufacturer holding an on-site sales and consumption permit, including the parking lot or within 200 feet of the licensed premises. (18) “DC Arena” means the multi-purpose arena for the performance of sports and entertainment events and related amenities described in recital “E” of the Land Disposition Agreement-Ground Lease By and Among the District of Columbia Redevelopment Land Agency, the District of Columbia, and DC Arena L.P., dated December 29, 1995. (18A) “Deposit-refund” means a fee at least equal to the cost of the reusable container that a customer pays when purchasing a beverage or food product in a reusable container that is refunded to the customer upon returning the container to the establishment. (19) “Director” means the Director of the Alcoholic Beverage Regulation Administration appointed under § 25-207. (19A) The term “disc jockey” shall not include anyone who plays or changes prerecorded music or programs prerecorded music; provided, that the person does not: (A) Make announcements or comments; (B) Take song requests; (C) Run contests or games; (D) Manipulate or mix the music; (E) Provide live entertainment; (F) Play music from a disc-jockey booth; or (G) Alter or manipulate a playlist while it is being played, including adding elements such as sound effects or additional pieces of music. (19B) “Distillery pub” means a craft distillery establishment for the manufacture, blending, and rectification of spirits to be sold for on-premises consumption only at the place of manufacture or to licensed wholesalers for the purpose of resale to other licensees, or patrons for off-premises consumption. (20) “District” means the District of Columbia. (21) “Establishment” means a business entity operating at a specific location. (21A) “Entertainment” means live music or any other live performance by an actual person, including live bands, karaoke, comedy shows, poetry readings, disc jockeys, and trivia nights during which microphones are used. The term “entertainment” shall not include the operation of a jukebox, a television, a radio, or other prerecorded music. (21B) “Farm winery” means a winery where at least 51% of the fresh fruits or agricultural products used by the owner or lessee to manufacture the wine shall be grown or produced on such farm. (21C) “Farmer’s market” means a food venue comprised of vendors who make, bake, grow, or raise the products they sell or of farmers, producers, and other vendors selling fresh produce, healthy foods, or baked goods. (22) “Food” means any substance consumed by human beings except alcoholic beverages and any nonalcoholic liquid or solid substance served as part of the contents of an alcoholic beverage drink. (22A) “Full-service grocery store” means a self-service retail establishment independently owned or part of a corporation operating a chain of retail establishments under the same trade name that is licensed as a grocery store under § 47-2827 that: (A) Offers for sale a full line of food products that includes at least 6 of the 7 following food categories: (i) Fresh fruits and vegetables; (ii) Fresh and uncooked meats, poultry, and seafood; (iii) Dairy products; (iv) Canned foods; (v) Frozen foods; (vi) Dry groceries and baked goods; or (vii) Non-alcoholic beverages; (B) May include related service departments, such as a bakery, pharmacy, or florist, or departments that offer household products or sundries; and (C) (i) (I) Has a minimum of 50% of the store’s square footage of selling area dedicated to the sale of the food categories listed in subparagraph (A) of this paragraph; or (II) Has a minimum of 6,000 square feet of the store’s selling area dedicated to the sale of the food categories listed in subparagraph (A) of this paragraph; and (III) Sets aside a minimum of 5% of the store’s selling area dedicated for the sale of the food items listed in subparagraph (A) of this paragraph. (ii) For the purposes of this subparagraph, the term “selling area” means the area in a retail establishment that is open to the public. The term “selling area” does not include storage areas, preparation areas, or rest rooms. (22B) “Game of skill machine” has the meaning set forth in § 36-641.01(6). (23) “Go-cup” means a drinking utensil provided at no charge or a nominal charge to a customer for the purpose of consuming alcoholic beverages off the premises of an establishment. (24) “Gross annual receipts” means the total amount of money received during the most recent one-year accounting period for the sale of food and alcoholic beverages, not including the amount received for taxes and gratuities in conjunction with sales or charges for entertainment or other services. Gross annual receipts are subject to audit and examination under § 25-802. (24A) “Gross annual food sales” means the total amount of food sold during the most recent one-year accounting period. Gross annual food sales are subject to audit and examination under § 25-802. (24B) “Growler” means a reusable container that is capable of holding up to 64 fluid ounces of beer or wine and is designed to be filled and sealed on premises for consumption off premises. (25) “Hotel” means an establishment where food and lodging are regularly furnished to transients and which has at least 30 guest rooms and a dining room in the same or connecting buildings. (26) “Interest” includes the ownership or other share of the operation, management, or profits of a licensed establishment. The term “interest” shall not include an agreement for the lease of real property. (27) “Keg” means a container which is capable of holding 4 gallons or more of beer, wine, or spirits and which is designed to dispense beer, wine, or spirits directly from the container. (28) “Land Disposition Lease” means the Land Disposition Agreement-Ground Lease By and Among the District of Columbia Redevelopment Land Agency, the District of Columbia, and DC Arena L.P., dated December 29, 1995. (29) “Legal drinking age” means 21 years of age. (30) “Legitimate theater” means the premises in which the principal business shall be the operation of live theatrical, operatic, or dance performances, the operation of recreational facilities, the viewing of motion picture films, or such other lawful adult entertainment as the Board, giving due regard to the convenience of the public and the strict avoidance of sales prohibited by this title, shall classify as a legitimate theater. (31) “Locality” means the neighborhood within 600 feet of an establishment. (31A) “Management agreement” means an operational agreement between the licensee and a third-party governing the necessary managerial functions of an establishment for a fee. (32) “Manufacture” includes any purification or repeat distillation processes or rectification. (32A) “Mediation” means a meeting between the applicant and the protestant held for the purposes of discussing and resolving, where possible, the concerns raised by the protestant. (32B) “Miniature” means an alcoholic beverage in a sealed container holding 50 milliliters or less. (33) “Nightclub” means a space in a building, and the adjoining space outside of the building, regularly used and kept open as a place that serves food and alcoholic beverages and provides music and facilities for dancing. (34) “Nude performance” means dancing or other entertainment by a person whose genitals, pubic region, or anus are less than completely and opaquely covered and, in the case of a female, whose breasts are less than completely and opaquely covered below a point immediately above the top of the areola. (35) “Open container” means a bottle, can, or other container that is open or from which the top, cap, cork, seal, or tab seal has at some time been removed. (35A) “Overconcentration” means the existence of several licensed establishments that adversely affect a specific locality, section, or portion of the District of Columbia, including consideration of the appropriateness standards under § 25-313(b). (36) “Parking” means that area of public space which lies between the property line and the edge of the actual or planned sidewalk which is nearer to such property line, as such property line and sidewalk are shown on the records of the District. (37) “Person” includes an individual, partnership, corporation, limited liability company, and an unincorporated association. (37A) “Pool buying agent” means the licensed vendor who is registered by the pool buying group with the Alcoholic Beverage Regulation Administration. (37B) “Pool buying group” means a group of 2 or more licensees under an on-premises restaurant license (R), as defined in § 25-113(b), who have been approved by the Alcoholic Beverage Regulation Administration to consolidate orders for alcoholic beverages ordered through a licensed pool buying agent from any lawful source in a single order. (38) “Portion” means the neighborhood within 1800 feet of an establishment. (38A) “Powdered alcohol” means an alcoholic beverage product that is manufactured into a powdered or crystalline form. (38B) “Prepared food” means food that is prepared or cooked on the premises that does not require further preparation for dine-in, carry-out, or delivery. (39) “Protest” means a written statement in opposition to the issuance of a license. (40) “Protest hearing” means the adjudicatory proceeding held by the Board, after receipt of a protest, to hear persons objecting to, or in support of, the issuance of a license. (41) “Protest period” means a 45-day period during which an objection to the issuance or renewal, substantial change in operation under § 25-404, or transfer to new location, may be filed. (42) “Residential districts” means those districts identified as residential by the zoning regulations and the official atlases of the Zoning Commission for the District of Columbia. (43) “Restaurant” means a space in a building which shall: (A) (i) Be regularly ready, willing, and able to prepare and serve food, have a kitchen which shall be regularly open, have a menu in use, have sufficient food on hand to serve the patrons from the menu, and have proper staff present to prepare and serve the food; (ii) Be held out to and known by the public as primarily a food-service establishment; (iii) Have all advertising and signs emphasize food rather than alcoholic beverages or entertainment; (iv) Be open regular hours that are clearly marked with no unusual barriers to entry (such as cover charges or membership requirements); (v) Have its kitchen facilities open until at least 2 hours before closing; (vi) Obtain an entertainment endorsement prior to offering entertainment, charging a cover, or offering facilities for dancing; (vii) If possessing an entertainment endorsement, be permitted to charge a cover and advertise entertainment, but shall not primarily advertise drink specials; (viii) Be permitted to have recorded and background music without obtaining an entertainment endorsement; (ix) Not have nude performances; and (x) Have annual gross food sales of $1500 or $2000 per occupant (as determined by the establishment’s Board-approved certificate of occupancy), depending on license class; or (B) (i) Have adequate kitchen and dining facilities; (ii) Keep its kitchen facilities open until 2 hours before closing; (iii) Obtain an entertainment endorsement prior to offering entertainment, charging a cover, or having facilities for dancing; (iv) Be permitted to have recorded and background music without obtaining an entertainment endorsement; (v) Not have nude performances; and (vi) Have the sale of food account for at least 45% of the establishment’s gross annual receipts. (C) Any licensee operating under a C/R, Do/R, C/H, or D/H license who is not in compliance with the food sales requirements of this paragraph as of [September 30, 2004], shall be permitted to maintain its current license and operations for a period of 2 years from [September 30, 2004]; provided, that there is no substantial change in operations during that period without a substantial change application. (44) “Reusable container” means a container for a beverage or food product that is specifically designed to be sanitized and to be used at least 125 times. (44A) “RLA” means the District of Columbia Redevelopment Land Agency. (44B) “Roll call hearing” means the proceeding specified in a placard posted at an applicant’s premises at which the applicant and the protestant are introduced to each other and the grounds for objection to the license application are read to the public. (45) “Sale” or “sell” includes offering for sale, keeping for sale, manufacturing for sale, soliciting orders for sale, trafficking in, importing, exporting, bartering, delivering for value or in any way other than by purely gratuitously transferring. Every delivery of any alcoholic beverage made otherwise than purely gratuitously shall constitute a sale. (46) “Section” means the neighborhood within 1,200 feet of an establishment. (46A) “Service” unless the context indicates a different meaning, means to directly or indirectly provide, give, furnish, distribute, or provide for the consumption of alcoholic beverages. (47) “Settlement conference” means a meeting between the applicant and the protestants held for the purpose of discussing and resolving, where possible, the objections raised by the protestants (known in regulation as a mediation). (48) “Sign” shall have the same meaning as defined in Chapter 31 of Title 12 of the District of Columbia Municipal Regulations. (48A) “Soccer Stadium” means a soccer stadium constructed after October 1, 2014 on a site bounded by 2nd Street, S.W., T Street, S.W., Half Street, S.W., Potomac Avenue, S.W., and R Street, S.W. (48B) “Solicitor” means a person licensed by ABRA who is a representative of the wholesaler or manufacturer whose name appears on the solicitor's license and who is permitted to sell alcoholic beverages on behalf of the wholesaler or manufacturer. (48C) “Southeast Federal Center” means the area as defined in section 2 of the Southeast Federal Center Public-Private Development Act of 2000, approved November 1, 2000 (Pub. L. No. 106-407; 114 Stat. 1758), and Chapter 18 of Title 11 of the District of Columbia Municipal Regulations [CDCR 11-1800]. (49) “Spirits” means: (A) A beverage which contains alcohol mixed with water and other substances in solution, including brandy, rum, whisky, cordials, and gin; and (B) An alcoholic beverage containing more than 21% alcohol. (49A) “Sports wagering” shall have the same meaning as in [§ 36-601.01(c)(17)]. (50) “Statement” means a representation by words, design, picture, device, illustration, or other means. (51) “Table” shall not include a counter, bar, or similar contrivance. (52) “Tavern” means a space that: (A) Is regularly used and kept open as a place where food and alcoholic beverages may be served; (B) May offer entertainment, except nude performances, and offer facilities for dancing for patrons only with an entertainment endorsement and may have recorded and background music without an entertainment endorsement; and (C) Does not provide facilities for dancing for its employees or entertainers. (52A) “Third-party delivery company” means a platform or business that is registered to conduct business in the District, has a contractual relationship with a holder of an offpremises retailer, on-premises retailer, or manufacturer license to provide local, same-day delivery services or facilitate the sale of alcoholic beverages for local same-day deliveries to consumers through the use of the internet, a mobile application, or a similar technology platform, and uses its own employees or independent contractors. The term third-party delivery company does not include such a platform or business that provides an interstate shipment through the use of a common carrier as defined in § 25-772 (a) and (b). (53) “Valid identification document” means an official identification issued by an agency of government (local, state, federal, or foreign) containing, at a minimum, the name, date of birth, signature, and photograph of the bearer; provided, that an official military identification card issued by an agency of government need not contain a signature if it contains the name, date of birth, and photograph of the bearer. (53A) “Voucher” means a ticket issued by a game of skill machine that is redeemable for cash winnings. (54) Repealed. (55) Repealed. (56) “Wine” means an alcoholic beverage containing not more than 21% alcohol by volume obtained by the fermentation of the natural sugar content of fruits or other agricultural products containing sugar whether or not other ingredients are added.

Answer 151

(a) No person shall sell any alcoholic beverage in the District without having first obtained an appropriate license as required by this title. (b) Except as permitted by this title, no wholesaler or manufacturer located within the District shall offer any alcoholic beverage for sale to, or solicit orders for the sale of any alcoholic beverage from, any person not licensed under this title, irrespective of whether the sale is to be made inside or outside the District. (c) No person located outside the District shall ship, import, or cause to be shipped or imported into the District, any alcoholic beverage without having first obtained an importation permit under this title for such shipment or importation. (d) No person operating any premises where food, nonalcoholic beverages, or entertainment are sold or provided for compensation or where facilities are especially provided and service is rendered for the consumption of alcoholic beverages who does not possess a license under this title shall permit the consumption of alcoholic beverages on the premises. (e) (1) No person shall sell or transfer alcoholic beverages between members of a pool buying group, except for the combination of individual orders and the placement of a pool order with a distributor. (2) To effectuate convenience or economies of delivery of pool orders, a pool member other than the buying agent may transfer to another pool member any portion of the alcoholic beverages ordered by the transferee retailer as part of the single transaction pool purchase; provided, that: (A) The acquisition of alcoholic beverage product is recorded on an invoice maintained by both participating retailers for 3 years and the invoice includes: (i) That the transferee retailer has properly ordered the alcoholic beverages as part of the pool order; (ii) The date of acquisition; (iii) The business names and addresses, the license names, and numbers of both licenses involved; and (iv) The resale certificate number of the licensee acquiring the products for resale; and (B) The transfer is being made without cost or charge by the transferor retailer of any nature whatsoever. (3) A transfer pursuant to this subsection shall be made within 7 days of the pool delivery without any cost or charge whatsoever to the transferee retailer.

Answer 152

(a) All license endorsements shall be placed on the applicant’s license. (b) (1) The licensee under a manufacturer’s license, class A, B, or C, holding an on-site sales and consumption permit or a retailer’s license, class C/R, D/R, C/H, D/H, C/T, D/T, C/B, and D/B, shall obtain an entertainment endorsement from the Board to be eligible to have entertainment, a cover charge, or offer facilities for dancing. (2) The licensee under a manufacturer’s license, class A, B, or C, holding an on-site sales and consumption permit shall only provide entertainment between the hours of 6:00 a.m. to 1:00 a.m., 7 days a week. (c) The licensee under a manufacturer’s license class A, B, or C holding an on-site sales and consumption permit or an on-premises license, class C/R, D/R, C/H, D/H, C/T, D/T, C/N, D/N, C/X, D/X, C/B, and D/B, shall obtain a sidewalk café endorsement or summer garden endorsement from the Board to be eligible to conduct business operations on a sidewalk café or summer garden, which may include the sale, service, and consumption of alcoholic beverages on outdoor public or private space. The licensee under a manufacturer’s license class A, B, or C holding an on-site sales and consumption permit may be authorized to conduct business operations on a sidewalk cafe or summer garden only between the hours of 6:00 a.m. and 1:00 a.m., 7 days a week. (c-1) Notwithstanding subsection (c) of this section, an on-premises retailer licensee, class C or D, or a manufacturer licensee, class A, B, or C, with an on-site sales and consumption permit may conduct business on a ground floor or street level outdoor public or private space, including the sale, service, and consumption of alcoholic beverages; provided, that the licensee complies with § 25-113(a)(6). (d) The license under an on-premises retailer’s license, class C/R, D/R, C/H, D/H, C/T, D/T, C/N, D/N, D/X, C/X and class Arena C/X or a manufacturer’s license class A or B holding an on-sites sales and consumption permit, shall obtain a sports wagering endorsement from the Board to be eligible to offer sports wagering. (e) (1) A licensee under a manufacturer’s license class A or B holding an on-site sales and consumption permit, or an on-premises retailer’s license, class C/R, D/R, C/H, D/H, C/T, D/T, C/N, D/N, C/X, or DX, shall obtain a game of skill machine endorsement from the Board in order to offer a game of skill machine on the licensed premises. (2) (A) A game of skill machine shall not be placed on outdoor public or private space; except, that the Board, in its discretion, may allow for the placement of a game of skill machine on outdoor public or private space if, in the Board’s determination, activity associated with the game of skill machine is: (i) Not visible from a public street or sidewalk; (ii) Adequately secured against unauthorized entrance; and (iii) Accessible only by patrons from within the establishment. (B) Subparagraph (A) of this paragraph shall not apply to a licensee operating a passenger-carrying marine vessel in accordance with § 25-113(h). (f) (1) Effective April 1, 2021, a licensee under an on-premises retailer’s license, class C/R, D/R, C/T, D/T, C/H, D/H, C/N, D/N, C/X, or D/X, including a multipurpose facility or private club, shall obtain a carry out and delivery endorsement from the Board to be eligible to sell beer, wine, or spirits in closed containers to individuals for carry out, or deliver beer, wine, or spirits in closed containers to consumers in the District. (2) Carry out sales and delivery shall be authorized under paragraph (1) of this subsection only between the hours of 6:00 a.m. and 1:00 a.m., 7 days a week. (3) Each carry out or delivery order of an alcoholic beverage pursuant to paragraph (1) of this subsection shall be accompanied by one or more prepared food items. (4) The annual fee for a carry out and delivery endorsement shall be established by the Board in an amount not less than $200. (5) An on-premises retailer licensee that has registered with the Board under § 25-113(a)(3)(C) before April 1, 2021 (“registered licensee”), shall not be required to apply with the Board for an endorsement under this subsection, and the registered licensee shall be granted the carry out and delivery endorsement upon request to the Board, if the registered licensee makes the request and pays the annual fee required by paragraph (4) of this subsection by March 31, 2021. (g) (1) Effective April 1, 2021, a Convention Center food and alcohol business that has registered with the Board under § 25-112(h), shall obtain a carry out and delivery license from the Board to be eligible to sell beer, wine, or spirits in closed containers to individuals for carry out, or deliver beer, wine, or spirits in closed containers to consumers in the District. (2) Carry out sales and delivery shall be authorized under paragraph (1) of this subsection only between the hours of 6:00 a.m. and 1:00 a.m., 7 days a week. (3) Each carry out or delivery order of an alcoholic beverage pursuant to paragraph (1) of this subsection shall be accompanied by one or more prepared food items. (4) The annual fee for a carry out and delivery license shall be established by the Board in an amount not less than $200. (5) A Convention Center food and alcohol business that has registered with the Board under § 25-112(h) before April 1, 2021 (“registered Convention Center food and alcohol business”), shall not be required to apply with the Board for a license under this subsection, and the registered Convention Center food and alcohol business shall be granted a carry out and delivery license upon request to the Board, if the registered Convention Center food and alcohol business makes the request and pays the annual fee required by paragraph (4) of this subsection by March 31, 2021. (6) Beginning June 30, 2022, and each year thereafter, ABRA shall submit an annual report to the Council on the outcomes of this section, including the number of on-premise licensees participating in the carry-out and delivery option, and the number of on- and off- premise retailer licensees that may have closed after the carry-out and delivery option was implemented.

Answer 153

(a) The licensee under a hotel license may make available in the room of a registered adult guest, and charge to the registered guest if consumed, miniatures as defined in § 25-101(32A) at all hours on any day of the week. (b) Except as provided in § 25-724 and subsections (c) and (e) of this section, the licensee under an on-premises retailer license, a manufacturer’s license that holds an on-site sales and consumption permit, or a temporary license may sell, serve, or permit the consumption of alcoholic beverages on any day and at any time except between the following hours: (1) 2:00 a.m. and 6:00 a.m., Monday through Friday, excluding District and federal holidays; and (2) 3:00 a.m. and 6:00 a.m. on Saturday and Sunday, excluding District and federal holidays. (b-1) Except as provided in § 25-724 and subsection (c) and (e) of this section, the licensee under an on-premises retailer license or manufacturer license that holds an on-site sales and consumption permit may deliver alcoholic beverages to the home of District residents, or provide to customers for curbside delivery at any time between the hours of: (1) 6:00 a.m. and 1:00 a.m., Monday through Friday, excluding District and federal holidays; and (2) 6:00 a.m. and 1:00 a.m. on Saturday and Sunday, excluding District and federal holidays. (b-2) Notwithstanding subsection (b) of this section, a holder of a commercial lifestyle center license may operate and permit the sale, service, and consumption of alcoholic beverages on the licensed premises between the hours of 7:00 a.m. and 11:00 p.m., Sunday through Thursday, and 7:00 a.m. and midnight, Friday and Saturday. (c) (1) Except as provided in § 25-724, the licensee under an on-premises retailer’s license, a manufacturer’s license that holds an on-site sales and consumption permit, or a temporary license may sell, serve, or permit the consumption of alcoholic beverages until 4:00 a.m. and operate 24 hours a day during the following times: (A) On a District or federal holiday; (B) The Saturday and Sunday preceding Martin Luther King, Jr.’s Birthday, Washington’s Birthday, Memorial Day, Labor Day, and Indigenous Peoples’ Day, as set forth in § 1-612.02(a)); (C) The Saturday and Sunday adjacent to January 1 (New Year’s Day) and July 4 (Independence Day); except, that if the holiday under this subparagraph occurs on a Tuesday, Wednesday, or Thursday, this subparagraph shall not apply; (D) The Friday, Saturday, and Sunday following Thanksgiving Day, as set forth in § 1-612.02(a)(9); and (E) The Saturday and Sunday adjacent to Veterans Day, Christmas Day, and District of Columbia Emancipation Day as set forth in § 1-612.02(a); except, that if the holiday under this subparagraph occurs on a Tuesday, the extended hours shall occur on the preceding Saturday and Sunday and if a holiday under this subparagraph occurs on a Wednesday or Thursday, the extended hours shall occur on the following Saturday and Sunday. (2) A licensee operating under an on-premises retailer’s license or a manufacturer’s license that holds an on-site sales and consumption permit shall not be required to obtain Board approval to sell, serve, or permit the consumption of alcoholic beverages and operate in accordance with paragraph (1) of this subsection. (3) This subsection shall not apply during Inaugural Week, as defined in subsection (e) of this section. (4) No fewer than 30 days before the first holiday on which a licensee seeks to extend its hours of operation pursuant to this subsection, the licensee shall provide written notification to the Board and the Metropolitan Police Department of its intent to extend its hours of operation. (c-1) (1) Except as provided in § 25-724, the Board may extend the hours of operation, sales, service, and consumption of alcoholic beverages during postseason games in which a District professional sports team is a participant for licensees registered with the Board to participate in the extension of hours program under subsection (c) of this section. (2) If the Board extends the hours of operation, sales, service, and consumption of alcoholic beverages during a postseason game pursuant to paragraph (1) of this subsection, a licensee registered with the Board in the extension of hours program under subsection (c) of this may sell, serve, and allow the consumption of alcoholic beverages until 4 a.m. and operate 24 hours a day for the postseason game day. (3) The Board shall provide written notification to the Metropolitan Police Department at least 48 hours before extended hours of operation, sales, service, and consumption under this subsection will take effect. The written notification shall include the list of establishments eligible to participate in the extended hours under this subsection. (4) To the extent feasible, the Board shall provide notice of its decision to extend the hours of operation, sales, service, and consumption pursuant to this subsection in the District of Columbia Register. The Board shall also post notice of its decision on ABRA’s website within 24 hours after its decision. (5) For the purposes of this subsection, the term: (A) “District professional sports team” means a professional baseball, basketball, football, hockey, soccer, or tennis team that plays its home games or matches in the Washington-Arlington-Alexandria, DC-VA-MD-WV Metropolitan Division as defined by the Office of Management and Budget as of January 1, 2020. (B) “Postseason game” means a professional baseball, basketball, football, hockey, soccer, or tennis playoff or championship game. (d) Repealed. (e) (1) Every 4 years, beginning in 2013, the week of January 15 through January 21, shall be designated “Inaugural Week”; except, that in 2021, January 9 through January 24 shall be designated “Inaugural Week.” Except as provided in § 25-724, during Inaugural Week, a licensee under an on premises retailer’s license, a manufacturer license holding an on-site sales and consumption permit, or a temporary license may sell, serve, or permit the consumption of alcoholic beverages until 4 a.m. and operate 24 hours a day if the licensee: (A) Provides written notification no later than January 7, to the Board and the Metropolitan Police Department of its hours of operation; and (B) Pays the following fee for each day it will serve alcohol pursuant to this subsection: (i) $250 for a CN licensee; (ii) $100 for a CR or CT licensee; (iii) $100 for manufacturer’s licenses, class A, B, or C; and (iv) $50 for any other licensee. (2) A licensee operating under an on-premises retailer’s license or a manufacturer’s license shall not be required to obtain Board approval to sell, serve, or consume alcoholic beverages until 4:00 a.m. and operate 24 hours a day during Inaugural Week. (f) Repealed.

Answer 154

(a) The licensee under an on-premises retailer’s license shall not produce any sound, noise, or music of such intensity that it may be heard in any premises other than the licensed establishment by the use of any: (1) Mechanical device, machine, apparatus, or instrument for amplification of the human voice or any sound or noise; (2) Bell, horn, gong, whistle, drum, or other noise-making article, instrument, or device; or (3) Musical instrument. (b) This section shall not apply to: (1) Areas in the building which are not part of the licensed establishment; (2) A building owned by the licensee which abuts the licensed establishment; (3) Any premises other than the licensed establishment that are located within a commercial, manufacturing, or mixed-use zone, as defined in the zoning regulations and shown in the official atlases of the Zoning Commission for the District; (4) Sounds, noises, or music occasioned by normal opening of entrance and exit doors for the purpose of ingress and egress; or (5) Heating, ventilation, and air conditioning devices. (c) The licensees under this subchapter shall comply with the noise level requirements set forth in Chapter 27 of Title 20 of the District of Columbia Municipal Regulations. (d) (1) ABRA shall maintain a complaint program to receive noise complaints by phone, email, and fax. The complaint program shall be staffed by an ABRA employee until at least one hour after the end time for the legal sale of alcoholic beverages as set forth in § 25-723. (2) ABRA shall keep records regarding noise complaints and record the following information at the time the complaint is made: (A) The time and date of the complaint; (B) The name and address of the establishment that is the subject of the complaint; (C) The name and address of the complainant, if available; (D) The nature of the noise complaint; and (E) Whether the complaint was substantiated by ABRA. (3) Upon receipt of a noise complaint, ABRA shall attempt to contact the establishment by phone or in person and inform the ABC manager on-duty that a noise complaint has been received and describe the nature of the complaint. (4) ABRA shall notify the licensee of the complaint by e-mail, phone, or registered mail within 72 hours of receiving the complaint. ABRA shall notify the licensee of the results of any investigation that may result in a show cause hearing within 90 days as required by § 25-832. (e) The windows and doors of an establishment from which noise can be heard shall remain open or closed, as they were at the time the complaint was made, in order for an ABRA investigator or Metropolitan Police Department officer to determine whether a violation of subsection (a) of this section exists. The ABRA investigator shall have the authority to direct that windows and doors be closed or opened.

Answer 155

(a) The Board shall have the authority to enforce the provisions of this title with respect to licensees and with respect to any person not holding a license and selling alcohol in violation of the provisions of this title. (b) Subject to subsection (c) of this section, ABRA investigators and the Metropolitan Police Department shall issue citations for civil violations of this title that are set forth in the schedule of civil penalties established under § 25-830. (c) A citation for any violation for which the penalty includes the suspension of a license shall be issued under the direct authority of the Board as a result of an investigation carried out by ABRA investigators. (d) Prosecutions for misdemeanors under this title shall be prosecuted and initiated by information filed in the Superior Court of the District of Columbia by the Attorney General for the District of Columbia. Prosecutions for felonies under this title shall be prosecuted by the United States Attorney for the District of Columbia. (e) Violations committed by an unlicensed person selling alcohol in violation of the provisions of this title shall be forwarded by the Board to the Attorney General for the District of Columbia for prosecution. (f) ABRA investigators may request and check the identification of a patron inside of or attempting to enter an establishment with an alcohol license. ABRA investigators may seize evidence that substantiates a violation under this title, which shall include seizing alcoholic beverages sold to minors and fake identification documents used by minors. (g) ABRA investigators may seize a liquor license from an establishment if: (1) The liquor license has been suspended, revoked, or cancelled by the Board; (2) The business is no longer in existence; or (3) The business has been closed by another District government agency. (h) An ABRA investigator may request and check the identification of a person who has played, is playing, or is attempting to play a game of skill machine. An ABRA investigator may seize fake identification used by a person under 18 years of age and may seize such records related to a game of skill machine as the investigator considers appropriate to investigate the playing of a game of skill machine by a person under 18 years of age.

Answer 156

(a) An applicant for a license, and each licensee, shall allow any member of the Board, any ABRA investigator, or any member of the Metropolitan Police Department full opportunity to examine, at any time during business hours: (1) The premises where an alcoholic beverage is manufactured, kept, sold, or consumed for which an application for a license has been made or for which a license has been issued; and (2) The books and records of the business for which an application for a license has been made or for which a license has been issued. (b) ABRA investigators shall examine the premises and books and records of each licensed establishment in the District at least once each year. The investigators shall make reasonable efforts to ensure that the licensee will know in advance the date of the inspection.

Answer 157

(a) In accordance with procedures that the Mayor shall establish, the Department of Licensing and Consumer Protection, the Office of Tax and Revenue, and the Fire and Emergency Medical Services shall promptly notify the Board if a licensed establishment is the subject of a citation, revocation, or other enforcement action for a violation of laws or regulations enforced by these departments. (b) If a licensed establishment is the subject of an incident report by the Metropolitan Police Department, the Metropolitan Police Department shall file a copy of the incident report with the Board. The Board shall make the report available for public inspection upon request.

Answer 158

(a) Any building, ground, or premises where an alcoholic beverage is manufactured, sold, kept for sale, or permitted to be consumed in violation of this title shall be a nuisance. (b) An action to enjoin any nuisance defined in subsection (a) of this section may be brought in the name of the District of Columbia by the Attorney General for the District of Columbia in the Civil Branch of the Superior Court of the District of Columbia against any person conducting or maintaining such nuisance or knowingly permitting such nuisance to be conducted or maintained.

Answer 159

(a) The Chief of Police may request the suspension or revocation of a license if the Chief of Police determines that there is a correlation between increased incidents of crime within 1,000 feet of the establishment and the operation of the establishment. The determination shall be based on objective criteria, including incident reports, arrests, and reported crime, occurring within the preceding 18 months and within 1,000 feet of the establishment. (b) The Chief of Police may close an establishment for up to 96 hours, subject to a hearing and disposition by the Board under § 25-826 if he or she finds that: (1) There is an additional imminent danger to the health and welfare of the public by not doing so; and (2) There is no immediately available measure to ameliorate the finding in paragraph (1) of this subsection. (c) The order of the Chief of Police to close an establishment under subsection (b) of this section shall terminate upon the disposition by the Board of the matter under § 25-826. (d) The Chief of Police may, without a hearing, summarily revoke, suspend, or restrict a licensee’s privilege to extended hours of operation under subsection § 25-723(c), (d), and (e) if the licensee’s operation presents a demonstrated danger to the health, safety, or welfare of the public. A licensee may seek review of the summary revocation, suspension, or restriction pursuant to § 25-826(c) and (d). (e) The Chief of Police may post suspension placards at a closed establishment for up to 96 hours. Any person willfully removing, obliterating, or defacing a suspension placard before the expiration of the 96-hour closure period shall be guilty of a violation of this chapter.

Answer 160

(a) It shall be unlawful for a person to willfully or knowingly alter, forge, counterfeit, or endorse a document, or make use of any false or misleading document, reasonably calculated to deceive the public as being a genuine document or license issued by ABRA. (b) It shall be unlawful for a person to willfully or knowingly furnish to a member of the Metropolitan Police Department (“MPD”) or an ABRA investigator an altered, forged, counterfeited, endorsed, or false or misleading document reasonably calculated to deceive MPD or the ABRA investigator as being a genuine document or license issued by ABRA. (c) A person convicted of a violation of this section shall be fined no more than the amount set forth in § 22-3571.01, or incarcerated for no more than one year, or both.

Answer 161

(a) Except as provided in subsections (b) and (c) of this section, no person in the District shall drink an alcoholic beverage or possess in an open container an alcoholic beverage in or upon any of the following places: (1) A street, alley, park, sidewalk, or parking area; (2) A vehicle in or upon any street, alley, park, or parking area; (3) A premises not licensed under this title where food or nonalcoholic beverages are sold or entertainment is provided for compensation; (4) Any place to which the public is invited and for which a license to sell alcoholic beverages has not been issued under this title; (5) Any place to which the public is invited for which a license to sell alcoholic beverages has been issued under this title at a time when the sale of alcoholic beverages on the premises is prohibited by this title or by the regulations promulgated under this title; or (6) Any place licensed under a club license at a time when the consumption of the alcoholic beverages on the premises is prohibited by this title or by regulations promulgated under this title. (b) Subsection (a)(1) of this section shall not apply if drinking or possession of an alcoholic beverage occurs: (1) In or on a structure that projects upon the parking, and which is an integral, structural part of a private residence, such as a front porch, terrace, bay window, or vault, by, or with the permission of, the owner or resident; or (2) At an event licensed by the Board. (c) No person, whether in or on public or private property, shall be intoxicated and endanger the safety of himself, herself, or any other person or property. (d) Any person violating the provisions of subsection (a) or (c) of this section shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than the amount set forth in [§ 22-3571.01], or imprisoned for not more than 60 days, or both. (e) Any person in the District who is intoxicated in public and who is not conducting himself or herself in such manner as to endanger the safety of himself, herself, or of any other person or of property shall be treated in accordance with Chapter 6 of Title 2

Answer 162

(a) No person who is under 21 years of age shall purchase, attempt to purchase, possess, or drink an alcoholic beverage in the District, except as provided under subchapter IX of Chapter 7. (b) (1) No person shall falsely represent his or her age, or possess or present as proof of age an identification document which is in any way fraudulent, for the purpose of purchasing, possessing, or drinking an alcoholic beverage in the District. (2) No person shall present a fraudulent identification document for the purpose of entering an establishment possessing an on-premises retailer’s license, an Arena C/X license, or a temporary license. (3) For the purpose of determining valid representation of age, each person shall be required to present to the establishment owner or representative at least one form of valid identification, which shall have been issued by an agency of government (local, state, federal, or foreign) and shall contain the name, date of birth, signature, and photograph of the individual; provided, that a military identification card issued by an agency of government (local, state, federal, or foreign) shall be an acceptable form of valid identification whether or not it contains the individual’s signature. (c) (1) Except as provided in paragraph (4)(D) of this subsection, any person who violates any provision of this section shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine and suspension of driving privileges as follows: (A) Upon the first violation, a fine of not more than $300 and suspension of driving privileges in the District for 90 consecutive days; (B) Upon the second violation, a fine of not more than $600 and suspension of driving privileges in the District for 180 days; and (C) Upon the third and each subsequent violation, a fine of not more than $1,000 and suspension of driving privileges in the District for one year. (2) In lieu of proceeding to trial or disposition under paragraph (1) of this subsection, the Mayor shall offer persons who are arrested, or criminally charged by information, for a first or second violation of this section, the option of completing a diversion program authorized and approved by the Mayor. The Mayor shall determine the content of the diversion program, which may include community service and alcohol awareness and education. If the person rejects enrollment in, or fails to comply with the requirements of, or fails to complete within 6 months, the diversion program, he or she may continue to be prosecuted in accordance with paragraph (1) of this section [subsection]. The Mayor, may, at his discretion, decline to offer diversion to any person who has previously been convicted of, any felony, misdemeanor, or other criminal offense. (3) As a condition to acceptance into a diversion program, the Mayor may request that the person agree to pay the District, or its agents, a reasonable fee, as established by rule, for the costs to the District of the person’s participation in the program; provided, that: (A) The fee shall not unreasonably discourage persons from entering the diversion program; and (B) The Mayor may reduce or waive the fee if the Mayor finds that the person is indigent. (4) (A) Upon the expiration of 6 months following the date of a conviction or a dismissal of a proceeding, or upon the expiration of 6 months following the date of arrest if no information was filed, any person who was arrested for, or criminally charged by information with, any offense under this section may petition the court for an order expunging from the official records all records relating to the arrest, information, trial, conviction, or dismissal of the person; provided, that a nonpublic record shall be retained by the court and the Mayor solely for the purposes of conducting a criminal record check for persons applying for a position as a law enforcement officer or determining whether a person has previously received an expungement under this subsection. (B) The court shall grant the petition described in subparagraph (A) of this paragraph if the petitioner has no pending charges for and has not been convicted of, any other felony, misdemeanor, or other criminal offense and if any fine imposed as a result of a conviction under this section has been paid; provided, that the court may grant the petition described in subparagraph (A) of this paragraph if, other than a conviction for a misdemeanor under this section, the petitioner has no pending charges for, and has not been convicted of, any felony, misdemeanor, or other criminal offense. (C) Except as provided by this subsection, the effect of an expungement order shall be to lawfully restore the person receiving the expungement to the status he or she occupied before the arrest or information described in subparagraph (A) of this paragraph. No person for whom an expungement order permitted by this subsection has been entered may be held thereafter, under any provision of law, to be guilty of perjury or otherwise giving a false statement by failing to recite or acknowledge such arrest, information, trial, conviction, or dismissal for which the order permitted by this paragraph has been entered. The expungement of such records shall not relieve the person of the obligation to disclose such arrest, information, trial, conviction, or dismissal in response to a direct questionnaire or application for a position as a law enforcement officer. (D) No person under the age of 21 shall be criminally charged with the offense of possession or drinking an alcoholic beverage under this section, but shall be subject to civil penalties under subsection (e) of this section. (6) Failure to pay the fines set forth in paragraph (1) of this subsection shall result in imprisonment for a period not exceeding 30 days. (7) The Metropolitan Police Department may enforce provisions of this section by issuing to a person alleged to have violated this section a citation under [§ 25-801(b)]. The person shall not be eligible to forfeit collateral. (d) Repealed. (e) (1) In lieu of criminal prosecution as provided in subsection (c) of this section, a person who violates any provision of this section shall be subject to the following civil penalties: (A) Upon the first violation, a fine of not more than $300 and the suspension of driving privileges in the District for 90 consecutive days; (B) Upon the second violation, a fine of not more than $600 and the suspension of driving privileges in the District for 180 days; and (C) Upon the third or subsequent violation, a fine of not more than $1,000 and the suspension of driving privileges in the District for one year. (2) ABRA inspectors or officers of the Metropolitan Police Department may enforce the provisions of this subsection by issuing a notice of civil infraction for a violation of subsections (a) and (b) of this section in accordance with Chapter 18 of Title 2. A violation of this subsection shall be adjudicated under Chapter 18 of Title 2. (3) (A) In lieu of or in addition to the civil penalties provided under paragraph (1) of this subsection, as a civil penalty, the Mayor may require any person who violates any provision of this section to complete a diversion program authorized and approved by the Mayor. The Mayor shall determine the content of the diversion program, which may include community service, and alcohol awareness and education. (B) As a condition to acceptance into a diversion program, the Mayor may request that the person agree to pay the District, or its agents, a reasonable fee, as established by rule, for the costs to the District of the person’s participation in the program; provided, that: (i) The fee shall not unreasonably discourage persons from entering the diversion program; and (ii) The Mayor may reduce or waive the fee if the Mayor finds that the person is indigent.

Answer 163

(a) (1) Except as authorized by this chapter or Chapter 16B of Title 7 [§ 7-1671.01 et seq.], it is unlawful for any person knowingly or intentionally to manufacture, distribute, or possess, with intent to manufacture or distribute, a controlled substance. Notwithstanding any provision of this chapter to the contrary, it shall be lawful, and shall not be an offense under District of Columbia law, for any person 21 years of age or older to: (A) Possess, use, purchase, or transport marijuana weighing 2 ounces or less; (B) Transfer to another person 21 years of age or older, without remuneration, marijuana weighing one ounce or less; (C) Possess, grow, harvest, or process, within the interior of a house or rental unit that constitutes such person’s principal residence, no more than 6 cannabis plants, with 3 or fewer being mature, flowering plants; provided, that all persons residing within a single house or single rental unit may not possess, grow, harvest, or process, in the aggregate, more than 12 cannabis plants, with 6 or fewer being mature, flowering plants; (D) Possess within such house or rental unit the marijuana produced by such plants; provided that, nothing in this subsection shall make it lawful to sell, offer for sale, or make available for sale any marijuana or cannabis plants. (1A) (A) The terms “controlled substance” and “controlled substances,” as used in the District of Columbia Official Code, shall not include: (i) Marijuana that is or was in the personal possession of a person 21 years of age or older at any specific time if the total amount of marijuana that is or was in the possession of that person at that time weighs or weighed 2 ounces or less; (ii) Cannabis plants that are or were grown, possessed, harvested, or processed by a person 21 years of age or older within the interior of a house or rental unit that constitutes or at the time constituted, such person’s principal residence, if such person at that time was growing no more than 6 cannabis plants with 3 or fewer being mature flowering plants and if all persons residing within that single house or single rental unit at that time did not possess, grow, harvest, or process, in the aggregate, more than 12 cannabis plants, with 6 or fewer being mature, flowering plants; or (iii) The marijuana produced by the plants which were grown, possessed, harvested, or processed by a person who was, pursuant to sub-subparagraph (ii) of this subparagraph, permitted to grow, possess, harvest, and process such plants, if such marijuana is or was in the personal possession of that person who is growing or grew such plants, within the house or rental unit in which the plants are or were grown. (B) Notwithstanding the provisions of this paragraph, the terms “controlled substance” and “controlled substances,” as used in the District of Columbia Official Code, shall include any marijuana or cannabis plant sold or offered for sale or made available for sale. (1B) Notwithstanding any other provision of the District of Columbia Official Code, no District government agency or office shall limit or refuse to provide any facility service, program, or benefit to any person based upon or by reason of conduct that is made lawful by this subsection. (1C) Nothing in this subsection shall be construed to require any District government agency or office, or any employer, to permit or accommodate the use, consumption, possession, transfer, display, transportation, sale, or growing of marijuana in the workplace or to affect the ability of any such agency, office, or employer to establish and enforce policies restricting the use of marijuana by employees. (1D) Nothing in this subsection shall be construed to permit driving under the influence of marijuana or driving while impaired by use or ingestion of marijuana or to modify or affect the construction or application of any provision of the District of Columbia Official Code related to driving under the influence of marijuana or driving while impaired by marijuana. (1E) Nothing in this subsection shall be construed to prohibit any person, business, corporation, organization, or other entity, or District government agency or office, who or which occupies, owns, or controls any real property, from prohibiting or regulating the possession, consumption, use, display, transfer, distribution, sale, transportation, or growing of marijuana on or in that property. (1F) Nothing in this subsection shall be construed to make unlawful any conduct permitted by Chapter 16B of Title 7 [§ 7-1671.01 et seq.]. (2) Any person who violates this subsection with respect to: (A) A controlled substance classified in Schedule I or II that is a narcotic or abusive drug shall be imprisoned for not more than 30 years or fined not more than the amount set forth in § 22-3571.01, or both; (B) Any other controlled substance classified in Schedule I, II, or III, except for a narcotic or abusive drug, is guilty of a crime and upon conviction may be imprisoned for not more than 5 years, fined not more than the amount set forth in § 22-3571.01, or both; except that upon conviction of manufacturing, distributing or possessing with intent to distribute ½ pound or less of marijuana, a person who has not previously been convicted of manufacturing, distributing or possessing with intent to distribute a controlled substance or attempting to manufacture, distribute, or possess with intent to distribute a controlled substance may be imprisoned for not more than 180 days or fined not more than the amount set forth in § 22-3571.01 or both; (C) A substance classified in Schedule IV, is guilty of a crime and upon conviction may be imprisoned for not more than 3 years, fined not more than the amount set forth in § 22-3571.01, or both; or (D) A substance classified in Schedule V, is guilty of a crime and upon conviction may be imprisoned for not more than one year, fined not more than the amount set forth in § 22-3571.01, or both. (b) (1) Except as authorized by this chapter, it is unlawful for any person to create, distribute, or possess with intent to distribute a counterfeit substance. (2) Any person who violates this subsection with respect to: (A) A counterfeit substance classified in Schedule I or II that is a narcotic or abusive drug shall be imprisoned for not more than 30 years or fined not more than the amount set forth in § 22-3571.01, or both; (B) Any other counterfeit substance classified in Schedule I, II, or III, except for a narcotic or abusive drug, is guilty of a crime and upon conviction may be imprisoned for not more than 5 years, fined not more than the amount set forth in § 22-3571.01, or both; (C) A counterfeit substance classified in Schedule IV, is guilty of a crime and upon conviction may be imprisoned for not more than 3 years, fined not more than the amount set forth in § 22-3571.01, or both; or (D) A counterfeit substance classified in Schedule V, is guilty of a crime and upon conviction may be imprisoned for not more than 1 year, fined not more than the amount set forth in § 22-3571.01, or both. (c) Repealed. (d) (1) It is unlawful for any person knowingly or intentionally to possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his or her professional practice, or except as otherwise authorized by this chapter or Chapter 16B of Title 7 [§ 7-1671.01 et seq.], and provided in § 48-1201. Except as provided in paragraph (2) of this subsection, any person who violates this subsection is guilty of a misdemeanor and upon conviction may be imprisoned for not more than 180 days, fined not more than the amount set forth in § 22-3571.01, or both. (2) Any person who violates this subsection by knowingly or intentionally possessing the abusive drug phencyclidine in liquid form is guilty of a felony and, upon conviction, may be imprisoned for not more than 3 years, fined not more than the amount set forth in § 22-3571.01, or both. (e) (1) If any person who has not previously been convicted of violating any provision of this chapter, or any other law of the United States or any state relating to narcotic or abusive drugs or depressant or stimulant substances is found guilty of a violation of subsection (d) of this section and has notpreviously been discharged and had the proceedings dismissed pursuant to this subsection, the court may, without entering a judgment of guilty and with the consent of such person, defer further proceedings and place him or her on probation upon such reasonable conditions as it may require and for such period, not to exceed one year, as the court may prescribe. Upon violation of a condition of the probation, the court may enter an adjudication of guilt and proceed as otherwise provided. The court may, in its discretion, dismiss the proceedings against such person and discharge him or her from probation before the expiration of the maximum period prescribed for such person’s probation. If during the period of probation such person does not violate any of the conditions of the probation, then upon expiration of such period the court shall discharge such person and dismiss the proceedings against him or her. Discharge and dismissal under this subsection shall be without court adjudication of guilt, but a nonpublic record thereof shall be retained solely for the purpose of use by the courts in determining whether or not, in subsequent proceedings, such person qualifies under this subsection. Such discharge or dismissal shall not be deemed a conviction for purposes of disqualifications or disabilities imposed by law upon conviction of a crime (including the penalties prescribed under § 48-904.08 for second or subsequent convictions) or for any other purpose. (2) Upon the dismissal of such person and discharge of the proceedings against him under paragraph (1) of this subsection, such person may apply to the court for an order to expunge from all official records (other than the nonpublic records to be retained under paragraph (1) of this subsection) all recordation relating to his or her arrest, indictment or information, trial, finding of guilty, and dismissal and discharge pursuant to this subsection. If the court determines, after hearing, that such person was dismissed and the proceedings against him or her discharged, it shall enter such order. The effect of such order shall be to restore such person, in the contemplation of this law, to the status he or she occupied before such arrest or indictment or information. No person as to whom such order has been entered shall be held thereafter under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of failure to recite or acknowledge such arrest, or indictment, or trial in response to any inquiry made of him or her for any purpose. (3) A person who was discharged from probation and whose case was dismissed pursuant to paragraph (1) of this subsection shall be entitled to a copy of the nonpublic record retained under paragraph (1) of this subsection but only to the extent that such record would have been available to the person before an order of expungement was entered pursuant to paragraph (2) of this subsection. A request for a copy of the nonpublic record may be made ex parte and under seal by the person or by an authorized representative of the person. (f) The prosecutor may charge any person who violates the provisions of subsection (a) or (b) of this section relating to the distribution of or possession with intent to distribute a controlled or counterfeit substance with a violation of subsection (d) of this section if the interests of justice so dictate. (g) For the purposes of this section, “offense” means a prior conviction for a violation of this section or a felony that relates to narcotic or abusive drugs, marijuana, or depressant or stimulant drugs, that is rendered by a court of competent jurisdiction in the United States.

Answer 164

(a) Notwithstanding any other District law, it is unlawful for any person to smoke or otherwise consume marijuana in or upon a public space, or in or upon any of the following places: (1) A street, alley, park, sidewalk, or parking area; (2) A vehicle in or upon any street, alley, park, or parking area; or (3) Any place to which the public is invited. For the purposes of this subsection, and notwithstanding any other provision of law, a private club, which includes any building, facility, or premises used or operated by an organization or association for a common avocational purpose, such as a fraternal, social, educational, or recreational purpose, is a place to which the public is invited; provided, that a private club does not include a private residence. (b) No person, whether in or on public or someone else’s private property, shall be impaired due to smoking or otherwise consuming marijuana and endanger the safety of himself, herself, or any other person or property. (c) Any person violating the provisions of subsection (a) or (b) of this section shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than the amount set forth in § 22-3571.01 or imprisoned for not more than 60 days. (d) The Attorney General for the District of Columbia, or his or her assistants, shall prosecute violations of this section, in the name of the District of Columbia. (e) For the purposes of this section, the term “smoke” means to inhale, ingest, or otherwise introduce marijuana into the human body, or to hold or carry a lighted roll of paper or other lighted smoking equipment filled with marijuana. (f) No provision of the Legalization of Possession of Minimal Amounts of Marijuana for Personal Use Initiative of 2014, effective February 26, 2015 (D.C. Law 20-153; 62 DCR 880), shall limit or be construed to limit the application of any provision of this section.

Answer 165

(a) Repealed. (b) Arrests without a warrant, and searches of the person and seizures pursuant thereto, may be made for a violation of subsection (a) of this section hereof by police officers, as in the case of a felony, upon probable cause that the person arrested is violating such subsection at the time of his arrest. (c) No evidence discovered in the course of any such arrest, search, or seizure authorized by subsection (b) of this section hereof shall be admissible in any criminal proceeding against the person arrested unless at the time of such arrest he was violating the provisions of this section.

Answer 166

(a) Except as provided in subsection (a-1) of this section, a search warrant may be issued by any judge of the Superior Court of the District of Columbia or by a United States Magistrate for the District of Columbia when any controlled substances are manufactured, possessed, controlled, sold, prescribed, administered, dispensed, or compounded, in violation of the provisions of the District of Columbia Uniform Controlled Substances Act of 1981 [D.C. Law 4-29], and any such controlled substances and any other property designed for use in connection with such unlawful manufacturing, possession, controlling, selling, prescribing, administering, dispensing, or compounding may be seized thereunder, and shall be subject to such disposition as the Court may make thereof and such controlled substances may be taken on the warrant from any house or other place in which they are concealed. (a-1) A search warrant shall not be issued if the sole basis for its issuance would be the possession or transfer without remuneration of marijuana weighing one ounce or less. (b) A search warrant cannot be issued but upon probable cause supported by affidavit particularly describing the property and the place to be searched. (c) The judge or Magistrate must, before issuing the warrant, examine on oath the complainant and any witnesses he may produce, and require their affidavits or take their depositions in writing and cause them to be subscribed by the parties making them. (d) The affidavits or depositions must set forth the facts tending to establish the grounds of the application or probable cause for believing that they exist. (e) If the judge or Magistrate is thereupon satisfied of the existence of the grounds of the application or that there is probable cause to believe their existence, he shall issue a search warrant, signed by him, to the Chief of Police of the District of Columbia or any member of the Metropolitan Police Department, the Chief or any member of the District of Columbia Housing Authority Police Department, or the Chief or any member of the United States Park Police, stating the particular grounds or probable cause for its issue and the names of the persons whose affidavits have been taken in support thereof, and commanding the Chief of Police or member of the Metropolitan Police Department, the Chief or member of the District of Columbia Housing Authority Police Department, or the Chief or member of the United States Park Police forthwith to search the place named for the property specified and to bring it before the judge or Magistrate. (f) A search warrant may in all cases be served by any of the officers mentioned in its direction, but by no other person, except in aid of the officer on his requiring it, he being present and acting in its execution. (g) The officer may break open any outer or inner door or window of a house, or any part of a house, or anything therein, to execute the warrant, if, after notice of his authority and purpose, he is refused admittance. (h) The judge or Magistrate shall insert a direction in the warrant that it may be served at any time in the day or night. (i) A search warrant must be executed and returned to the judge or Magistrate who issued it within 10 days after its date; after the expiration of this time the warrant, unless executed, is void. (j) When the officer or the designated civilian employee of the Metropolitan Police Department, the District of Columbia Housing Authority Police Department, or the United States Park Police takes property under the warrant, he must give a copy of the warrant together with a receipt for the property taken (specifying it in detail) to the person from whom it was taken by him, or in whose possession it was found; or in the absence of any person, he must leave it in the place where he found the property. (k) The officer or the designated civilian employee of the Metropolitan Police Department, the District of Columbia Housing Authority Police Department, or the United States Park Police must forthwith return the warrant to the judge or Magistrate and deliver to him a written inventory of the property taken, made publicly or in the presence of the person from whose possession it was taken, and of the applicant for the warrant, if they are present, verified by the affidavit of the officer at the foot of the inventory and taken before the judge or Magistrate at the time, to the following in effect: “I, , the officer by whom this warrant was executed, do swear that the above inventory contains a true and detailed account of all the property taken by me on the warrant.” (l) The judge or Magistrate must thereupon, if required, deliver a copy of the inventory to the person from whose possession the property was taken and to the applicant for the warrant. (m) The judge or Magistrate must annex the affidavits, search warrant, return, inventory, and evidence, and at once file the same, together with a copy of the record of his proceedings, with the Clerk of the Superior Court of the District of Columbia. (n) Whoever shall knowingly and willfully obstruct, resist, or oppose any such officer or person in serving or attempting to serve or execute any such search warrant, or shall assault, beat, or wound any such officer or person, knowing him to be an officer or person so authorized, shall be fined not more than the amount set forth in § 22-3571.01 or imprisoned not more than 2 years.

Answer 167

(a) Except as provided in subsection (b) of this section, none of the following shall, individually or in combination with each other, constitute reasonable articulable suspicion of a crime: (1) The odor of marijuana or of burnt marijuana; (2) The possession of or the suspicion of possession of marijuana without evidence of quantity in excess of 1 ounce; (3) The possession of multiple containers of marijuana without evidence of quantity in excess of 1 ounce; or (4) The possession of marijuana in proximity to any amount of cash or currency without evidence of marijuana quantity in excess of one ounce (b) Subsection (a) of this section shall not apply when a law enforcement officer is investigating whether a person is operating or in physical control of a vehicle or watercraft while intoxicated, under the influence of, or impaired by alcohol or a drug or any combination thereof in violation of subchapter III-A of Chapter 22 of Title 50 [§ 50-2206.01 et seq.].

Answer 168

For purposes of this subchapter, the term: (1) Blunt wrap means any product that is manufactured for encasing, wrapping, or rolling materials of any kind for purposes of smoking, if such product is designed to be filled by the consumer and is: (A) Made wholly or in part of tobacco; or (B) Made of paper or any other material that does not contain tobacco, and is: (i) Intended, when filled by the consumer, to produce a finished wrap that measures more than 120 millimeters on its longest side; or (ii) Sold as a pre-rolled hollow cone, the circumference of which is not equal at both ends. (1A) “Controlled substance” has the same meaning as that provided in § 48-901.02(4). (2) “Court” means the Superior Court of the District of Columbia and the District of Columbia Court of Appeals. (3) “Drug paraphernalia” means: (A) Kits or other objects used, intended for use, or designed for use in planting, propagating, cultivating, growing, or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived; (B) Kits or other objects used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing a controlled substance; (C) Isomerization devices or other objects used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance; (D) Testing equipment or other objects used, intended for use, or designed for use in identifying or analyzing the strength, effectiveness, or purity of a controlled substance; (E) Scales and balances or other objects used, intended for use, or designed for use in weighing or measuring a controlled substance; (F) Diluents and adulterants, including, but not limited to: quinine, hydrochloride, mannitol, mannite, dextrose, and lactose, used, intended for use, or designed for use in cutting a controlled substance; (G) Separation gins and sifters or other objects used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, Cannabis or any other controlled substance; (H) Blenders, bowls, containers, spoons, and other mixing devices used, intended for use, or designed for use in compounding a controlled substance; (I) Capsules, balloons, envelopes, glassy plastic bags, or zip-lock bags that measure 1 inch by 1 inch or less, and other containers used, intended for use, or designed for use in packaging small quantities of a controlled substance; (J) Containers and other objects used, intended for use, or designed for use in storing or concealing a controlled substance; (K) Hypodermic syringes, needles, and other objects used, intended for use, or designed for use in parenterally injecting a controlled substance into the human body; and (L) Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing Cannabis, cocaine, hashish, hashish oil, or any other controlled substance into the human body, including, but not limited to: (i) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls; (ii) Water pipes; (iii) Carburetion tubes and devices; (iv) Smoking and carburetion masks; (v) Roach clips; (vi) Miniature spoons with level capacities of one-tenth cubic centimeter or less; (vii) Chamber pipes; (viii) Carburetor pipes; (ix) Electric pipes; (x) Air-driven pipes; (xi) Bongs; (xii) Ice pipes or chillers; (xiii) Wired cigarette papers; (xiv) Cocaine freebase kits; or (xv) Cigarette rolling paper or cigar wrappers sold at a commercial retail or wholesale establishment, which does not derive at least 25% of its total annual revenue from the sale of tobacco products and which does not sell loose tobacco intended to be rolled into cigarettes and cigars. The term “drug paraphernalia” shall not include any article that is 50 years of age or older. (4) “Personal use” means use or possession in circumstances where there is insufficient evidence of intent to distribute or manufacture a controlled substance.

Answer 169

(a) In determining whether an object is drug paraphernalia, a court or other authority shall consider, in addition to all other logically and legally relevant factors, the following factors: (1) Statements by an owner or by anyone in control of the object concerning its use; (2) The proximity of the object, in time and space, to a violation of § 48-1103(a) or to a controlled substance; (3) The existence of any residue of a controlled substance on the object; (4) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he or she knows, or should reasonably know, intends to use the object to facilitate a violation of § 48-1103(a); the innocence of an owner, or of anyone in control of the object, as to a violation of § 48-1103(a) shall not prevent a finding that the object is intended for use, or designed for use as drug paraphernalia; (5) Instructions, oral or written, provided with the object concerning its use; (6) Descriptive materials accompanying the object which explain or depict its use; (7) National and local advertising concerning the use of the object; (8) The size or packaging of the object, or the manner in which it is displayed; (9) Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, including, but not limited to, a licensed distributor or dealer of tobacco products; (10) Direct or circumstantial evidence of the ratio of sales of the object or objects to the total sales of the business enterprise; (11) The existence and scope of legitimate uses for the object in the community; and (12) Expert testimony concerning its use. (b) Where the alleged violation of the act occurred at a commercial retail or wholesale establishment, the court or other authority may infer, based upon consideration of the factors in subsection (a) of this section, that the following items are drug paraphernalia: (1) Glassy plastic bags or zip-lock bags that measure 1 inch by 1 inch or less; or (2) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes, with or without screens, permanent screens, hashish heads, or punctuated metal bowls.

Answer 170

(a) (1) Except as authorized by Chapter 16B of Title 7 [§ 7-1671.01 et seq.], it is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inhale, ingest, or otherwise introduce into the human body a controlled substance; except that it shall be lawful for any person 21 years of age or older to use, or possess with intent to use, drug paraphernalia to possess or use marijuana if such possession or use is lawful under § 48-904.01(a), or to use, or possess with intent to u se, drug paraphernalia to grow, possess, harvest, or process cannabis plants, the growth, possession, harvesting or processing of which is lawful under § 48-904.01(a). (1A) Notwithstanding paragraph (1) of this subsection, it shall not be unlawful for a person to use, or possess with the intent to use, drug paraphernalia for the personal use of a controlled substance. (2) Whoever violates this subsection shall be imprisoned for not more than 30 days or fined not more than the amount set forth in § 22-3571.01, or both. (b) (1) Except as authorized by Chapter 16B of Title 7 [§ 7-1671.01 et seq.], it is unlawful for any person to deliver or sell, possess with intent to deliver or sell, or manufacture with intent to deliver or sell drug paraphernalia, knowingly, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance; except that it shall be lawful for any person to deliver or sell, possess with intent to deliver or sell, or manufacture with intent to deliver or sell, drug paraphernalia under circumstances in which one knows or has reason to know that such drug paraphernalia will be used solely for use of marijuana that is lawful under § 48-904.01(a), or that such drug paraphernalia will be used solely for growing, possession, harvesting, or processing of cannabis plants that is lawful under § 48-904.01(a). (1A) Notwithstanding paragraph (1) of this subsection, it shall not be unlawful for a community-based organization, as that term is defined in § 7-404(a)(1), to deliver or sell, or possess with intent to deliver or sell, drug paraphernalia for the personal use of a controlled substance. (2) Whoever violates this subsection shall be imprisoned for not more than 6 months or fined not more than the amount set forth in § 22-3571.01, or both, unless the violation occurs after the person has been convicted in the District of Columbia of a violation of this subchapter, in which case the person shall be imprisoned for not more than 2 years, or fined not more than the amount set forth in § 22-3571.01, or both. (c) Any person 18 years of age or over who violates subsection (b) of this section by delivering drug paraphernalia to a person under 18 years of age who is at least 3 years his or her junior is guilty of a special offense and upon conviction may be imprisoned for not more than 8 years, fined not more than the amount set forth in § 22-3571.01, or both. (d) Where the violation of the section involves the selling of drug paraphernalia by a commercial retail or wholesale establishment, the court shall revoke the license of any licensee convicted of a violation of this section and the certificate of occupancy for the premises. (e) (1) Except as provided in paragraphs (2), (3), and (3A) of this subsection, it is unlawful to sell the following products in the District of Columbia: (A) Cocaine free base kits; (B) Glass or ceramic tubes less than 6 inches in length and 1 inch in diameter sold or possessed with or without any screen-like device; (C) Cigarette rolling papers; and (D) Cigar wrappers, including blunt wraps. (2) A commercial retail or wholesale establishment may sell cigarette rolling papers if the establishment: (A) Derives at least 25% of its total annual revenue from the sale of tobacco products; and (B) Sells loose tobacco intended to be rolled into cigarettes or cigars. (3) A wholesaler may sell cigarette rolling papers to retail establishments described in paragraph (2) of this subsection. (3A) A cultivation center or dispensary may sell cigarette rolling papers in accordance with Chapter 16B of Title 7 [§ 7-1671.01 et seq.]. (4) A person who violates this subsection shall be imprisoned for not more than 180 days or fined not more than the amount set forth in § 22-3571.01, or both, unless the violation occurs after the person has been convicted in the District of Columbia of a violation of this subchapter, in which case the person shall be imprisoned for not more than 2 years, or fined not more than the amount set forth in § 22-3571.01, or both.

Answer 171

(a) The following shall be subject to forfeiture immediately, and no property right shall exist in them after a final conviction by a court: (1) All books, records, and research, including formulas, microfilm, tapes, and data which are used, or intended for use, in violation of this subchapter; (2) All money or currency which shall be found in close proximity to drug paraphernalia or which otherwise has been used or intended for use in connection with the manufacture, distribution, delivery, sale, use (other than for personal use), dispensing, or possession (other than for personal use) of drug paraphernalia in violation of § 48-1103; and (3) All drug paraphernalia as defined in §§ 48-1101 and 48-1102 and prohibited in § 48-1103. (b) Repealed.

Answer 172

(a) A person who is stopped by a police officer for violating § 48-1201 shall, upon request, inform the officer of his or her name and address for the purpose of including that information on a notice of violation; provided, that no person shall be required to possess or display any documentary proof of his or her name or address in order to comply with the requirements of this section. (b) A person who refuses to provide his or her name and address, or who knowingly provides an incorrect name or address, to a police officer in violation of subsection (a) of this section shall, upon conviction, be fined $100.

Answer 173

For the purposes of this subchapter, the term: (1) “ADA” means the Americans with Disabilities Act of 1990, approved July 26, 1990 (104 Stat. 328; 42 U.S.C. § 12101 et seq.). (2) “Alternative fuel” means advanced fuels, which can be any materials or substances that can be used as fuels, other than conventional fuels such as fossil fuels, including biodiesel, compressed natural gas, electricity, and ethanol. The term “alternative fuel” shall also apply to hybrid vehicles that use alternative forms of power such as electricity. (3) “Capital City Plan” means the formal alphabetical and numerical pattern and layout of streets within the District’s 4 quadrants, the formal pattern and layout of avenues and circles within the District, and the formal system and pattern of addresses within the District. (4) “CNG” means compressed natural gas. (5) “CNG vehicle” means an automobile powered by compressed natural gas. (6) Repealed. (7) “Commissioner” means the Commissioner of the Department of Insurance, Securities, and Banking. (8) “Committee” means the Vehicle-for-Hire Accessibility Advisory Committee established by § 50-301.25. (8A) “Digital dispatch” means the hardware and software applications and networks, including mobile phone applications, which passengers and operators use to provide public and private vehicle-for-hire service. (8A-i) “Director” means the Director of the Department of For-Hire-Vehicles. (8B) “Dispatch” means the traditional methods of pre-arranging vehicle-for-hire service, including through telephone or radio. (9) “DDOE” means the District Department of the Environment. (9A) “DFHV” means the Department of For-Hire Vehicles established by § 50-301.04. (9B) “FHVAC” means the For-Hire Vehicle Advisory Council established by § 50-301.10a. (10) “Fund” means the Public Vehicles-for-Hire Consumer Service Fund established by § 50-301.20. (11) “GPS” means Global Positioning Satellite. (12) “Hospitality industry” means any person or entity involved in the operation, management, support, or ownership of a restaurant, catering business, hotel business, conference business, travel business, tourism business, tour business, or tour guide business. (13) “Industry member” means a person experienced in the transportation or hospitality industry. (14) “Limousine” means a public vehicle-for-hire that operates exclusively through advanced registration, charges exclusively on the basis of time, and shall not accept street hails. (15) Repealed. (15A) “ORPP” means the Office of Regulatory Policy and Planning established by § 50-301.06. (15B) “OCS” means the Office of Client Services established by § 50-301.06. (15C) “OCE” means the Office of Compliance and Enforcement established by § 50-301.06. (15D) “OHCR” means the Office of Hearings and Conflict Resolution established by § 50-301.06. (16) “Passenger surcharge” means a fee assessed to passengers for each public vehicle-for-hire ride in an amount not to exceed 50 cents. (16A) “Private vehicle-for-hire” means a class of transportation service by which a network of private vehicle-for-hire operators in the District provides transportation to passengers to whom the private vehicle-for-hire operators are connected by digital dispatch. (16B) “Private vehicle-for-hire company” means an organization, including a corporation, partnership, or sole proprietorship, operating in the District that uses digital dispatch to connect passengers to a network of private vehicle-for-hire operators. (16C) “Private vehicle-for-hire operator” means an individual who operates a personal motor vehicle to provide private vehicle-for-hire service in contract with a private vehicle-for-hire company. (17) “Public vehicle-for-hire” means a class of transportation service by motor vehicle for hire in the District, including a taxicab, limousine, or sedan-class vehicle, that provides for-hire service exclusively using operators and vehicles licensed pursuant to this subchapter and § 47-2829. (18) Repealed. (19) Repealed. (20) “Sedan-class vehicle” means a public vehicle-for-hire that operates exclusively through digital dispatch, charges on the basis of time and distance, except for trips to airports, and other point-to-point trips based on well-traveled routes or event-related trips such as sporting events, which may be charged on a flat-fee basis, and shall not accept street hails. (21) “Taxicab” means a class of public vehicle-for-hire that may be hired by dispatch, digital dispatch, or hailed on the street, and for which the fare charged is calculated by a DFHV-approved meter with uniform rates determined by the DFHV; provided, that a taxicab hired by a passenger through digital dispatch may use rates set by the company that operates the digital dispatch pursuant to the requirements of this subchapter. (22) “Taxicab association” means a group of taxicab owners organized for the purpose of engaging in the business of taxicab transportation for common benefits regarding operation, logo or insignia. An association must have a minimum of 20 taxicabs having a uniform logo or insignia and having unified control by ownership or by association. (23) “Taxicab company” means any person, partnership, or corporation engaging in the business of owning and operating a fleet or fleets of taxicabs having a uniform logo or insignia. A company must have a minimum of 20 taxicabs having a uniform logo or insignia and having unified control by ownership or by the company. (24) “Taxicab fleet” means a group of 20 or more taxicabs having a uniform logo or insignia and having unified control by ownership or by association. (25) “Taxicab industry” means all taxicab companies, associations, owners, and operators, or any person who by virtue of employment or office is directly involved in the provision of taxicab services within the District. (26) “Taxicab operator” means a person operating or licensed to operate a taxicab in the District of Columbia. (27) “Taxicab owner” means a person, corporation, partnership, or association that holds the legal title to a taxicab that is required to be registered in the District. If a taxicab is the subject of an agreement for the conditional sale or lease with right of purchase upon performance of the condition stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or if a mortgagor of a taxicab is entitled to possession, the conditional vendee, lessee, or mortgagor shall be considered the owner for the purpose of this subchapter. (28) “Taxicab rate structure” means the rates, fares, charges, and methodologies used to determine the price of taxicab street-hail service. (29) “Taxicab service” means passenger transportation service originating in the District in which the passenger directs the points between which the service is to be provided, the service is provided at a time chosen by the passenger, and, when hailed on the street, the fare and fees for which are prescribed by the DFHV. (30) “Underserved area” means a designated zone, as determined by the DFHV, with an established need for greater taxicab service. (30A) “Vehicle-for-hire industry” means all public and private vehicles-for-hire, including companies, associations, owners, operators, or any person who, by virtue of employment or office, is directly involved in providing public or private vehicle-for-hire services within the District. (30B) “Vehicle inspection officer” means a District employee trained in the laws, rules, and regulations governing public and private vehicle-for-hire service to ensure the proper provision of service and to support safety through street enforcement efforts, including traffic stops of public and private vehicles-for-hire, pursuant to protocol prescribed under this subchapter and by regulation. (31) “Washington Metropolitan Area” means the area encompassed by the District; Montgomery County, Prince George’s County, and Frederick County in Maryland; Arlington County, Fairfax County, Loudon County, and Prince William County, and the cities of Alexandria, Fairfax, Falls Church, Manassas, and Manassas Park in Virginia. (32) “Wheelchair-accessible vehicle” means a vehicle compliant with the ADA that accommodates a passenger using a wheelchair or other personal mobility device who needs a ramp or lift to enter or exit the vehicle. The vehicle must comply with the provisions of 49 C.F.R. Part 38.1-38.39.

Answer 174

(a) The Department of For-Hire Vehicles and the Metropolitan Police Department shall concurrently enforce and issue citations relating to Taxicab requirements. (b) On November 1st of each year the Mayor shall provide to the Committee on Transportation and the Environment, or a successor committee with oversight of the Department of For-Hire Vehicles, a report on the number of civil citations issued pursuant to 31 DCMR § 825 and laws and regulations of the District of Columbia, and a report on any criminal infractions issued during the prior fiscal year. (c) On a quarterly basis, beginning in FY 2002, the Department of For-Hire Vehicles shall issue a report to the Committee on Transportation and the Environment, or a successor committee with oversight of the Department of For-Hire Vehicles, containing the number of civil infractions issued pursuant to 31 DCMR § 825, by vehicle inspection officers. This document shall also indicate the number of infractions that were deemed liable through the adjudication process.

Answer 175

(a) (1) The Mayor is authorized to issue a new or renewed motor vehicle operator’s permit, valid for a period not to exceed 8 years plus any time period prior to the expiration date of a previous license not to exceed 2 months, to any individual 17 years of age or older, subject to the following conditions and any other conditions the Mayor may prescribe to protect the public: (A) The applicant shall pay an application fee of $30, which may be increased by the Mayor to compensate the District for processing and evaluating the application and issuing the permit. Alternatively, the Mayor is authorized to prorate existing fees to correspond to the duration of the license issued. (A-i) (i) Effective October 1, 2015, an applicant for an operator’s permit shall pay an application fee of $47, which the Mayor may increase or decrease to compensate the District for processing and evaluating the application and issuing the permit. The Mayor may prorate the fee to correspond to the duration of the license issued. (ii) Repealed. (iii) Repealed. (A-ii) (i) Notwithstanding subparagraph (A-i) of this paragraph, the fee described in subparagraph (A-i) of this paragraph shall be waived for: (I) An individual released from the custody of the Federal Bureau of Prisons (“BOP”), for one year after the individual is released from the custody of the BOP; and (II) An individual in the custody of the BOP at a halfway house in the District. (ii) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], may issue rules to implement the provisions of this subparagraph. (B) The applicant shall demonstrate that he or she is mentally, morally, and physically qualified to operate a motor vehicle in a manner not to jeopardize the safety of individuals or property. The Mayor shall determine whether an applicant is qualified through: (i) An examination of the applicant’s knowledge of the traffic regulations and regulations for safely sharing roadways with pedestrians and bicyclists in the District; (ii) A practical demonstration, or evidence acceptable to the Mayor of the applicant’s ability to operate a motor vehicle within any portion of the District, except that upon renewal of an operator’s permit or upon the application of an individual who meets the criteria set forth in subparagraph (C) of this paragraph, the examination and demonstration may be waived in the discretion of the Mayor; and (iii) Any other criteria as the Mayor may establish. (B-i) [Not funded]. (C) An applicant under the age of 21, shall meet the following additional qualifications in addition to the qualifications in subparagraph (B) of this paragraph: (i) The applicant shall be the holder of a valid provisional permit issued at least 6 months prior to the application in accordance with paragraph (2A) of this subsection; (ii) The applicant shall not have admitted to, been liable for, or convicted of an offense for which points may be assessed during the 12 consecutive month period immediately preceding the application; and (iii) The applicant shall have received 10 hours of nighttime driving experience, as certified by the holder of a valid motor vehicle operator’s permit from any jurisdiction, who is 21 years of age or older and has accompanied the applicant while the applicant was operating the motor vehicle. (D) No permittee under the age of 18 shall: (i) Operate a motor vehicle occupied by more than 2 passengers under the age of 21, except that this restriction shall not apply to a passenger who is a sibling of the permittee; (ii) Operate a motor vehicle in which the permittee or any passenger fails to wear a seat belt; or (iii) Operate a motor vehicle between 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday until 6:00 a.m. on the following day during any month except July or August, and from 12:01 a.m. until 6:00 a.m. during July and August and on any Saturday or Sunday the rest of the year, unless driving to or from employment, a school-sponsored activity, religious or an athletic event or related training session in which the permittee is a participant, sponsored by the District of Columbia, a civic organization, or another similar entity that takes responsibility for the minor, or unless accompanied by the holder of a valid motor vehicle operator’s permit who is 21 years of age or older and who is occupying a seat beside the permittee; or (iv) Operate a motor vehicle other than a passenger vehicle or motorized bicycle used solely for the purposes of pleasure and not for compensation. (2) The Mayor is authorized to issue a new learner’s permit valid for 2 years to any individual 16 years of age or older subject to the following conditions and any other conditions the Mayor may prescribe to protect the public: (A) (i) The applicant shall pay an application fee of $15, which may be increased by the Mayor for the costs of processing and evaluating the application and issuing the permit. (ii) Repealed. (iii) Repealed. (A-i) (i) Notwithstanding subparagraph (A) of this paragraph, the fee described in subparagraph (A) of this paragraph shall be waived for: (I) An individual released from the custody of the Federal Bureau of Prisons (“BOP”), for one year after the individual is released from the custody of the BOP; and (II) An individual in the custody of the BOP at a halfway house in the District. (ii) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], may issue rules to implement the provisions of this subparagraph. (B) The applicant shall have successfully passed all parts of the examination other than the driving demonstration test; (C) No holder of a learner’s permit shall: (i) Operate a motor vehicle except for a passenger vehicle used solely for pleasure; (ii) Operate a motor vehicle for compensation; (iii) Operate a motor vehicle unless while under the instruction of and accompanied by the holder of a valid motor vehicle operator’s permit who is 21 years of age or older, occupying a seat beside the permittee, and wearing a seat belt; and (iv) Operate a motor vehicle except during the hours of 6 a.m. and 9 p.m.; and (D) An individual whose learner’s permit has expired pursuant to this paragraph may apply for a new learner’s permit; provided, that the individual shall again comply with the requirements set forth in this paragraph. (2A) The Mayor is authorized to issue a new or renewed provisional motor vehicle operator’s permit, valid for a period not to exceed 1-year, to any individual 16 and 1/2 years of age or older subject to the following conditions and any other conditions the Mayor may prescribe to protect the public: (A) (i) The applicant shall pay an application fee of $15, which may be increased by the Mayor for the costs of processing and evaluating the application and issuing the permit; (ii) Repealed. (iii) Repealed. (A-i) (i) Notwithstanding subparagraph (A) of this paragraph, the fee described in subparagraph (A) of this paragraph shall be waived for: (I) An individual released from the custody of the Federal Bureau of Prisons (“BOP”), for one year after the individual is released from the custody of the BOP; and (II) An individual in the custody of the BOP at a halfway house in the District. (ii) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], may issue rules to implement the provisions of this subparagraph. (B) The applicant shall satisfy the qualification requirements set forth in subsection (a)(1)(B) of this section and: (i) Shall be the holder of a valid learner’s permit issued at least 6 months prior to the application for a provisional permit; (ii) Shall not have admitted to, been found liable for, or been convicted of an offense for which points may be assessed in the last 6 months; and (iii) Shall have received 40 hours of driving experience as certified by the holder of a valid motor vehicle operator’s permit from any jurisdiction, who is 21 years of age or older and who has accompanied the applicant while the applicant was operating the motor vehicle. (C) No holder of a provisional permit shall: (i) Operate a motor vehicle occupied by any passengers other than one holder of a valid motor vehicle operator’s permit who is 21 years of age or older, occupying the seat beside the permittee, and wearing a seat belt, and any other passenger who is a sibling or parent of the permittee; or (ii) Operate a motor vehicle between 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday until 6:00 a.m. on the following day during any month except July or August, and from 12:01 a.m. until 6:00 a.m. during July and August and on any Saturday or Sunday the rest of the year, unless driving to or from employment, a school-sponsored activity, religious or an athletic event or related training session in which the permittee is a participant, sponsored by the District of Columbia, a civic organization, or another similar entity that takes responsibility for the minor, or unless accompanied by the holder of a valid motor vehicle operator’s permit who is 21 years of age or older, wearing a seat belt, and occupying a seat beside the permittee. (2B) Notwithstanding the provision of subsection (a)(1)(C), (a)(2)(B), and (a)(2A) of this section, a person under the age of 21 who holds a valid motor vehicle permit from another jurisdiction shall be eligible for a comparable District of Columbia driver’s permit, provided that the permittee’s operation of a motor vehicle shall be subject to the applicable restrictions set forth in subsection (a)(1)(D), (a)(2)(C), or (a)(2A)(C) of this section. (2C) Penalties: (A) Any violation of the permit restrictions set forth [in] subsection (a)(1)(D), (a)(2)(C), or (a)(2A)(C) of this section, in addition to any other penalties that may be imposed by law, shall result in the suspension of the permits issued pursuant to subsection (a)(1)(C), (a)(2), or (a)(2A) and the addition of a period of time equal to the period of permit suspension to the requirements set forth in (a)(1)(C)(i) and (a)(2A)(B)(i) as follows: (i) The first offense shall result in a suspension of 30 days; (ii) The second offense shall result in suspension of 60 days; and (iii) The third and subsequent offenses shall result in a suspension of 90 days. (B) The Mayor shall notify, in writing, the parent or legal guardian of a permittee who is under 18 years of age and who violates subsection (a)(1)(D), (a)(2)(C), or (a)(2A)(C); (2D) Operator’s permits subject to the provisions of this subchapter, including a learner’s permit, provisional permit and operator’s permit, shall be visually distinguishable pursuant to rules promulgated by the Department of Motor Vehicles. (3) Any pupil 15 years of age or over enrolled in a high school or junior high school driver education and training course approved by the Mayor or his designated agent may, without obtaining either an operator’s or a learner’s permit, operate a dual control motor vehicle between the hours of 6 a.m. and 11 p.m., where the pupil is under instruction and accompanied by a licensed motor vehicle driving instructor; provided, that such instructor shall at all times while he is engaged in such instruction have on his person a certificate from the principal or other person in charge of such school, stating that such instructor is officially designated to instruct pupils enrolled in such course, and whenever demand is made by a police officer such instructor shall display to him such certificate. (3A) Notwithstanding the passenger restrictions set forth in subsection (a)(1)(D), (a)(C)(iii), and (a)(2A)(C)(iii) of this subsection, a permittee who is enrolled in a driver education course may operate a motor vehicle containing a greater number of passengers while the permittee is under the instruction of and accompanied by a licensed motor vehicle driving instructor provided that the other passengers are also receiving driving instruction. (4) In the event an operator’s permit, learner’s permit, or a provisional permit issued under the authority of this section is lost or destroyed, or requires replacement for any reason, other than through error or other act of the Mayor, not caused by the person to whom such permit was issued, such person may obtain a duplicate or replacement operator’s permit upon payment of a fee of $20, or such person may obtain a duplicate or replacement learner’s permit, or replacement provisional permit upon payment of a fee of $20. (5) Enlisted men of the Army, Navy, Air Force, Marine Corps, and Coast Guard shall be issued, without charge, a permit to operate government-owned vehicles, while engaged in official business, upon the presentation of a certificate from their commanding officers to the effect that they are assigned to operate a government vehicle and are qualified to drive, and upon proving to the satisfaction of the Director of the Department of Transportation that they are familiar with the traffic regulations of the District of Columbia. (5A) (A) Except as provided in subparagraph (C) of this paragraph, any eligible United States citizen or resident who is at least 18 years of age but no more than 26 years of age shall be registered with the Selective Service System, in compliance with the requirements of 50 U.S.C. App. § 453, when applying for an operator’s permit or identification card pursuant to the laws of the District. (B) The Director of the Department of Motor Vehicles (“Department”) shall forward, in an electronic format, the personal information required of the applicant identified in subparagraph (A) of this paragraph to the Selective Service System for registration. The Department shall notify the applicant on the application for an operator’s permit or an identification card that submitting the application serves as consent to register with the Selective Service System, in compliance with federal law. (C) The Director of the Department of Motor Vehicles shall make available a form, separate from the application, which shall indicate that the applicant has chosen not to use the operator’s permit or identification card application as a means of registering with the Selective Service System (“waiver form”). The waiver form shall state the effects of failure to register and the programs that condition eligibility upon registration with the Selective Service System. Applicants shall be informed that the waiver form is available upon request. The waiver form shall also state the civil and criminal penalties for failure to register for Selective Service. Failure to submit the waiver form is form shall be deemed affirmative proof that the applicant authorizes the Director of the Department to forward to the Selective Service System the information necessary to complete registration on behalf of the applicant. The waiver form, after completion, shall be added to the applicants file. (D) This form shall comply with the requirements of subchapter II of Chapter 31 of Title 2 [§ 2-1931 et seq.] including being printed in each required language under § 2-1933. (E) An applicant’s submission of the waiver form specified in subparagraph (C) of this paragraph shall not be treated as grounds for denial of an application for an operator’s permit or an identification card. (F) The Director of the Department shall not forward to the Selective Service System the personal information of an individual who completes and submits the waiver form described in subparagraph (C) of this paragraph. (6) Notwithstanding the provisions of this subsection, the Mayor or his designated agent may, upon compliance with such regulations as the Mayor may prescribe, extend for a period not in excess of 6 years the validity of the operator’s permit of any person who is a resident of the District and who is on active duty outside the District in the armed forces or the Merchant Marine of the United States and who was at the time of leaving the District the holder of a valid operator’s permit. (a-1) (1) The Mayor and the Board of Elections and Ethics shall jointly develop an application form and a change of name and address form by January 1, 1989, which shall allow an applicant wishing to register to vote to do so by the use of a single form containing the necessary information for voter registration and the information required for the issuance, renewal, or correction of the applicant’s driver’s permit or identification card. (2) Commencing not later than May 1, 1989, the Mayor shall provide each qualified elector who applies for the issuance, renewal, or correction of any type of driver’s permit or for an identification card an opportunity to complete an application to register to vote by use of a single form containing the necessary required information for the issuance, renewal, or correction of the driver’s permit or identification card. (3) The Mayor shall forward all new applications to the Board of Elections and Ethics within 10 days of receipt. (4) Applications received from the Mayor shall be considered received by the Board of Elections and Ethics as of the date the application was made. (a-2) Repealed. (b) (1) Each operator’s permit shall state the name and address, and bear the signature of the permittee, together with any additional information that the Mayor may by regulation prescribe. Pursuant to section 205(c)(2)(C)(vi) of the Social Security Act, approved August 14, 1935 (49 Stat. 624, 42 U.S.C. § 405(c)(2)(C)(vi)), the Mayor shall use a randomly generated number as the identification number on any new or renewed license. (2) The Mayor shall require an applicant for an operator’s permit to provide a social security number, if such a number was issued to the applicant, or, if required by the Mayor, proof that the applicant is not eligible for a social security number, for the purposes of administering and enforcing the laws of the District of Columbia. Notwithstanding any other provision of law, the social security number or other tax identification number shall not be a matter of public record. The social security number shall be kept on file with the issuing agency and the applicant shall be so advised. This paragraph shall not apply to an applicant eligible for a limited purpose driver’s license or permit pursuant to § 50-1401.05. (3) An applicant for an operator’s permit who served on active duty in the Armed Forces of the United States and was discharged under conditions other than dishonorable may submit to the Department of Motor Vehicles, along with any other documentation required by this chapter, a DD Form 214, a WD AGO form, or a DD256 form certifying the applicant’s veteran status. Upon receipt of this documentation, the Department of Motor Vehicles shall display the word “veteran” in capital letters on the applicant’s operator’s permit. (c) Any individual to whom a license or permit to operate a motor vehicle has been issued shall have the license or permit in his or her immediate possession at all times while operating a motor vehicle in the District of Columbia and shall exhibit the license or permit to any police officer upon demand. Any person who fails to comply with the requirements of this subsection shall, upon conviction, be fined not less than $10 nor more than $50. (d) No individual shall operate a motor vehicle in the District, except as provided in § 50-1401.02, without first having obtained an operator’s permit, learner’s permit, provisional permit, or a motorcycle endorsement if operating a motorcycle, issued under the provisions of this subchapter and Title 18 of the District of Columbia Municipal Regulations. Except as provided in subsection (d-1) of this section, any individual violating any provision of this subsection shall be fined not more than the amount set forth in § 22-3571.01 or shall be imprisoned not more than 90 days. (d-1) Any individual who operates a motor vehicle with a District of Columbia permit expired for not more than 90 days shall be subject to a civil fine of not more than $100 pursuant to §§ 50-2301.04(b) and 50-2301.05, and shall not be subject to the criminal penalties contained in subsection (d) of this section. (e) Nothing in this subchapter shall relieve any individual from compliance with § 47-2829(e). (f) For purposes of this section and §§ 50-1401.02 and 50-1403.01, the term “motor vehicle” means a vehicle propelled by an internal-combustion engine, electricity, or steam. The term “motor vehicle” shall not include a traction engine, road roller, vehicle propelled only upon rails or tracks, personal assistive mobility device, as defined by § 50-2201.02(12), a battery-operated wheelchair when operated by a person with a disability, or a motorized bicycle. (g) [Expired]. (h) (1) The Department shall not require an applicant to complete a course of driver instruction before the issuance of a license or permit under this section, § 50-1401.03, or § 50-1401.05, unless the required course of driver’s instruction is available without charge to all: (A) Public school students and public charter school students; and (B) Low-income applicants. (2) At least 90 days before requiring a course of driver instruction pursuant to paragraph (1) of this subsection, the Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], shall issue rules to implement paragraph (1) of this subsection. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules by resolution within the 45-day period, the proposed rules shall be deemed approved. (i) The Department shall allow applicants for a license, permit, or identification card issued pursuant to this section, § 50-1401.03, or § 50-1401.05 to designate their gender as nonbinary. (j) (1) In any circumstance in which a license, permit, or identification card issued pursuant to this chapter is required, an individual may present an electronic image of such license, permit, or identification card issued pursuant to this chapter in a manner approved by the Department of Motor Vehicles. (2) This subsection shall not apply where a physical license, permit, or identification card is required by federal law, rules, regulations, or policies. (3) (A) The presentation of a license, permit or identification card on a cellular telephone or other portable electronic device shall not constitute consent for a law enforcement officer to access any other content on the cellular telephone or other portable electronic device. (B) A law enforcement officer presented with an electronic image of a license, permit, or identification card on a cellular telephone or other portable electronic device shall be immune from liability for damage to or loss of the cellular telephone or other portable electronic device; except, that no immunity shall extend to recklessness or intentional misconduct. (4) For the purposes of this subsection, the term “electronic image” means an electronic representation of a physical license, permit, or identification card issued pursuant to this chapter.

Answer 176

(a) The owner or operator of any motor vehicle who is not a legal resident of the District of Columbia, and who has complied with the laws of any state, territory, or possession of the United States, or of a foreign country or political subdivision thereof, shall, subject to the provisions of this section, be exempt for a continuous 60-day period immediately following the entrance of such owner or operator into the District of Columbia from compliance with § 50-1401.01 and § 50-1501.02. The 60-day exemption period shall not apply to commercial motor vehicles required to obtain a permit, as provided by § 50-1507.03 or charter busses identified in § 50-1501.02(j). (b) Upon expiration of the 60-day exemption period, the owner or operator of any motor vehicle shall be required either: (1) To comply with the provisions of §§ 50-1401.01 and 50-1501.02 and all applicable provisions of the District of Columbia Municipal Regulations requiring the registration of motor vehicles, the display of identification tags, and the licensing of owners or operators of motor vehicles in the District of Columbia; or (2) To purchase, from the Mayor or his designated agent, a reciprocity sticker which shall be valid 180 days from the date of its issuance if the owner or operator has complied with the motor vehicle registration and licensing laws of the state, territory, or possession of the United States, or of a foreign country or political subdivision thereof, of which the owner or operator is a legal resident and the owner or operator is not a legal resident of the District of Columbia. Upon expiration of the reciprocity sticker, the owner or operator who continues to reside in the District of Columbia shall be required to comply with §§ 50-1401.01 and 50-1501.02 and all applicable provisions of the District of Columbia Municipal Regulations requiring the registration of motor vehicles, the display of identification tags, and the licensing of owners or operators of motor vehicles in the District of Columbia. (c) The following persons shall, if they have complied with the motor vehicle registration and licensing laws of the state, territory, or possession of the United States of which they are a legal resident, be exempt during their respective term of office or employment from compliance with §§ 50-1401.01 and 50-1501.02, and all applicable provisions of the District of Columbia Municipal Regulations requiring the registration of motor vehicles, the display of identification tags, and the licensing of owners or operators of motor vehicles in the District of Columbia: (1) Senators, Representatives, and Delegates of the United States Congress; (2) Personal employees of Senators, Representatives, and Delegates of the United States Congress who are legal residents of the state, territory, or possession from which said Senators, Representatives, and Delegates have been elected or appointed. Personal employees include only those individuals who work directly and specifically for a Senator, Representative, or Delegate of the United States Congress and does not include those staff members considered committee or patronage staff; (3) The President and Vice-President of the United States; (4) Officers of the executive branch of the United States government who are not domiciled within the District of Columbia, whose appointment to the office held by them was by the President of the United States, subject to confirmation by the Senate, and whose tenure of office is at the pleasure of the President; (5) Any nonresident service member in accordance with section 511 of the Soldiers’ and Sailors’ Civil Relief Act of 1940, approved December 19, 2003 (117 Stat. 2835; 50 U.S.C. § 571); (6) Any foreign mission, its members, or dependents of its members, but only if they have been issued a title and registration by the United States Department of State; and (7) Any minor under 21 years of age or spouse of any person identified in paragraphs (1) through (6); provided, that the person identified in paragraphs (1) through (6) signs an affidavit stating the minor or spouse resides at the same address in the District as the affiant. (d) Those persons listed under subsection (c) of this section shall be required to obtain and display a valid reciprocity sticker. The Mayor shall issue, upon application and a fee of $100, a reciprocity sticker for those persons listed under subsection (c) of this section, valid for 1 year, and renewable for the respective term of office or employment. (e) Persons enrolled as full-time students engaged in higher education (as defined by the respective institutions of higher education in the District of Columbia) in an institution of higher education licensed to operate in the District of Columbia, and who are not residents of the District of Columbia, shall, if they have complied with the motor vehicle registration and licensing laws of the state, territory, or possession of the United States of which they are a legal resident, be exempt during their respective tenure as full-time students engaged in higher education from compliance with §§ 50-1401.01 and 50-1501.02, and all applicable provisions of the District of Columbia Municipal Regulations requiring the registration of motor vehicles, the display of identification tags, and the licensing of owners or operators of motor vehicles in the District of Columbia; provided, that the full-time student shall be required to obtain and display a valid reciprocity sticker. (1) A full-time student shall be required to submit proof, as required by the Mayor, that the student is a full-time student and is in compliance with this subsection. (2) The Mayor shall issue, upon application and for a $338 fee, a reciprocity sticker to full-time students who comply with this section. Such sticker shall be valid for 1 year. A full-time student while enrolled in an institution of higher education in the District of Columbia and while in compliance with this subsection shall be able to obtain successive reciprocity stickers, each valid for 1 year and each for a fee of $338. (3) A full-time student who is a resident of the District of Columbia, who is registered to vote in the District of Columbia, who is employed for more than 20 hours a week, whose address for the purpose of paying tuition for higher education is in the District of Columbia, whose parent or parents domicile in the District of Columbia or whose parents are divorced or separated and the custodial parent domiciles in the District of Columbia, whose student loan is from a bank or savings and loan in the District of Columbia, or who fulfills any criteria promulgated by the Mayor of the District of Columbia shall be required to comply with § 50-1401.01 and § 50-1501.02, and all applicable provisions of the District of Columbia Municipal Regulations requiring the registration of motor vehicles, the display of identification tags, and the licensing of owners or operators of motor vehicles in the District of Columbia. (4) Notwithstanding any other law, full-time students who reside within the boundaries of Advisory Neighborhood Commissions 2A and 2E shall not be issued or use a reciprocity parking sticker for out of state vehicles. As of January 1, 2003, this provision shall also apply to full-time students who reside within the boundaries of ANC 3D06 and 3D09. As of October 22, 2012, this provision shall also apply to full-time students who reside within the boundaries of ANC 3D01, 3D02, 3D07, 3D08, and 3D10. (e-1) (1) An owner or operator of a motor vehicle shall be exempt from compliance with § 50-1401.01, § 50-1501.02, and sections 414.1, 422.1, and 422.7 of Title 18 of the District of Columbia Municipal Regulations (18 DCMR § 414.1, 422.1, 422.7); provided, that the owner or operator: (A) Is a legal resident of a state, territory, possession of the United States, foreign country, or political subdivision other than the District of Columbia; (B) Owns residential property in the District of Columbia; (C) Lives at the residential property described in subparagraph (B) of this paragraph on a part-time basis; (D) Has a motor vehicle registered and licensed in a state, territory, possession of the United States, foreign country, or political subdivision other than the District of Columbia; and (E) Has complied with the motor vehicle registration and licensing laws of a state, territory, or possession of the United States, or of a foreign country or political subdivision thereof, of which the owner or operator is a legal resident. (2) An individual who meets the qualifications set forth in paragraph (1) of this subsection shall be required to submit proof, as required by the Mayor, that the individual owns residential property in the District and is a part-time resident. (3) An individual who meets the qualifications set forth in paragraphs (1) and (2) of this subsection may obtain and display a valid reciprocity sticker. The Mayor shall issue, upon application and for a $338 fee, a reciprocity sticker to the motor vehicle owner or operator who complies with this subsection, which shall be valid for one year. A motor vehicle owner or operator while in compliance with this subsection shall be able to obtain successive reciprocity stickers, each valid for one year, and each for a fee of $338. (e-2) (1) A motor vehicle owner that is a partnership, corporation, association, trust, limited liability company, or government entity and has legally complied with the motor vehicle registration and licensing laws of a state, territory, or possession of the United States, shall be exempt from compliance with § 50-1501.02, and sections 414.1, 422.1, 422.7, and 422.10 of Title 18 of the District of Columbia Municipal Regulations (18 DCMR § 414.1, 422.1, 422.7, 422.10); provided, that: (A) The vehicle is housed in the District of Columbia; (B) The vehicle is provided to an employee of the owner or lessee for the employee’s use; (C) The employee is domiciled in the District of Columbia; (D) The employee is licensed by the District of Columbia to operate a motor vehicle; and (E) The business or government entity purchases a reciprocity sticker for the vehicle provided to its employee. (2) The Mayor shall issue, upon application and for a $338 fee, a reciprocity sticker to the motor vehicle owner or operator who complies with this subsection, which shall be valid for one year. While in compliance with this subsection, the motor vehicle owner or operator shall be able to obtain successive reciprocity stickers, each valid for one year, and each for a fee of $338. There shall be no fee for vehicles owned by the District or the United States government. (f) Repealed. (g) The Mayor or his designated agent is authorized to enter into reciprocal agreements or arrangements with the duly authorized representatives of a state, territory, or possession of the United States or a foreign country or political subdivision thereof, to vary the conditions under which the validity of motor vehicle registration and identification tags of any category of vehicles such as dealer tags, tags for persons with disabilities, and rental vehicle tags of such state, territory, or possession of the United States or foreign country or political subdivision thereof, shall be recognized in the District of Columbia. (h) The Mayor of the District of Columbia shall promulgate such rules and regulations as are necessary to implement and enforce this section. Such rules and regulations shall include, but not be limited to, a determination of how many times during the 60-day exemption period an agent or employee of the Mayor of the District of Columbia must observe a motor vehicle for purposes of the enforcement of this section and a method of enforcing the provisions of this section applicable to commercial vehicles. (i) Any operator of a motor vehicle who is not a legal resident of the District of Columbia and who does not have in his immediate possession an operator’s permit issued by a state, territory, or possession of the United States, or foreign country or political subdivision thereof, having motor vehicle reciprocity relations with the District, shall not operate a motor vehicle in the District unless: (1) the laws of the state, territory, or possession of the United States, or foreign country or political subdivision thereof, under which the motor vehicle is registered do not require the issuance of a motor vehicle operator’s permit; or (2) has submitted to examination within 72 hours after entering the District and obtained an operator’s permit in accordance with the provisions of § 50-1401.01. Any individual who violates any provision of this subsection shall, upon conviction thereof, be fined not less than $5 and not more than the amount set forth in § 22-3571.01 or imprisoned not less than 30 days, or both. (j) A $20 fee shall be paid for a replacement reciprocity sticker issued under this section.

Answer 177

As used in this subchapter: (1) The term “motor vehicle” means any vehicle propelled by internal- combustion engine, electricity, or steam. The term “motor vehicle” shall not include a traction engine, road roller, vehicle propelled only upon rails or tracks, personal mobility devices, as the term is defined in § 50-2201.02(13), electric mobility devices, as the term is defined in § 50-2201.02(6A), motorized bicycles, as the term is defined in § 50-2201.02(11A), or a battery-operated wheelchair when operated by a person with a disability. (2) The term “person” means an individual, partnership, corporation, or association. (3) The term “owner” means a person who holds the legal title to a motor vehicle or trailer the registration of which is required in the District of Columbia. If a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the condition stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or if a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of these regulations. (4) The term “Director” means the Director of the Department of Transportation of the District of Columbia, including assistants or agents duly designated by the Mayor. (5) The term “dealer” means any person engaged in the business of manufacturing, distributing, or dealing in motor vehicles or trailers. (6) The term “public highway” means any road, street, alley, or way, open to use of the public, as a matter of right, for purposes of vehicular traffic. (7) The term “trailer” means a vehicle without motor power intended or used for carrying property or persons and drawn or intended to be drawn by a motor vehicle, whether such vehicle without motor power carries the weight of the property or persons wholly on its own structure or whether a part of such weight rests upon or is carried by a motor vehicle. (8) The term “farm tractor” means a motor vehicle designed and used primarily for drawing implements of agricultural husbandry. (9) The term “pneumatic tire” means a tire inflated with compressed air. (10) The terms “operate” and “operated” shall include operating, moving, standing, or parking any motor vehicle or trailer on a public highway of the District of Columbia. (10A) The term “class F(I) historic motor vehicle” means any motor vehicle whose manufacturer’s model year is at least 25 years old or any motor vehicle which is at least 15 years old and is a make of motor vehicle no longer manufactured; provided, that the motor vehicle has been or is being restored, preserved, or maintained as an exhibition or collector’s item because of its special historical value or significance, has not been substantially altered or modified from the manufacturer’s original specifications and is used on the public highways for the transportation of passengers or property for occasional pleasure driving or in conjunction with exhibitions, expositions, parades, tours, club activities, or similar activities or events, including transportation directly to or from such activities or events, not exceeding a total driving mileage under all conditions of 1,000 miles annually, but in no event used for general transportation. Motor vehicles which are less than 25 years old but which are 15 or more years old and which qualify as historic motor vehicles shall include the following makes, which are no longer manufactured: Kaiser, Hudson, DeSoto, Nash, Edsel, Studebaker and Packard. (11) The term “class F(II) historic motor vehicle” means any motor vehicle whose manufacturer’s model year is at least 25 years old or any motor which is at least 15 years old and is a make of motor vehicle no longer manufactured; provided, that the motor vehicle has been or is being restored, preserved or maintained as an exhibition or collector’s item because of its special historical value or significance, has not been substantially altered or modified from the manufacturer’s original specifications and is used on the public highways for the transportation of passengers or property in conjunction with exhibitions, expositions, parades, tours, club activities, or similar activities or events, including transportation directly to or from such activities or events, but in no event used for general transportation. Motor vehicles which are less than 25 years old but which are 15 or more years old and which qualify as historic motor vehicles shall include but not be limited to the following makes which are no longer manufactured: Kaiser, Hudson, DeSoto, Nash, Edsel, Studebaker and Packard. (12) “Electric vehicle” shall have the same meaning as provided in section 3(4) of the Electric and Hybrid Vehicle Research, Development, and Demonstration Act of 1976, approved September 17, 1976 (90 Stat. 1261; 15 U.S.C. § 2502(4)).

Answer 178

(a) It shall be unlawful: (1) For any person to operate any motor vehicle or trailer upon any public highway of the District of Columbia (except motor vehicles or trailers operated by nonresidents exempted under the provisions of § 50-1401.02): (A) If such motor vehicle or trailer is not registered or covered by a dealer’s registration or by a special use certificate as required by this subchapter; (B) If such motor vehicle or trailer does not have attached thereto and displayed thereon the identification tags required therefor; or (C) If such person does not have in his possession or in the motor vehicle or trailer operated the registration certificate or special use certificate required therefor. (D) Repealed. (2) For the owner of any motor vehicle or trailer knowingly to permit the operation thereof contrary to any provision of paragraph (1) of this subsection; (3) To use a false or fictitious name or address in any application for registration or for a special use certificate, or any renewal or duplicate thereof, or knowingly to make any false statement or conceal any material fact in any such application; or (4) For the owner of any motor vehicle to knowingly use or permit the use of any motor vehicle with a counterfeit, stolen, or otherwise fraudulent temporary identification tag. (a-1) (1) For the purposes of subsection (a)(1)(C) of this section, the term “registration certificate” includes an electronic image of a registration certificate that is displayed on a cellular telephone or other portable electronic device. (2) (A) The presentation of an electronic image of a registration certificate on a cellular telephone or other portable electronic device shall not constitute consent for a law enforcement officer to access any other content on the cellular telephone or other portable electronic device. (B) A law enforcement officer presented with an electronic image of a registration certificate on a cellular telephone or other portable electronic device shall be immune from liability for damage to or loss of the cellular telephone or other portable electronic device; provided, that no immunity shall extend to recklessness or intentional misconduct. (b) (1) Except as provided in subsection (c) of this section, any person violating any provision of this subchapter or the regulations made or promulgated under the authority hereof shall upon conviction thereof be subject to a fine of not more than $1000 or imprisonment of not more than 30 days, or both such fine and imprisonment. All such prosecutions shall be in the Superior Court of the District of Columbia upon information filed by the Attorney General for the District of Columbia or any of his assistants in the name of the District of Columbia. (2) A motor vehicle being used in violation of subsection (a)(4) of this section shall be subject to forfeiture pursuant to the standards and procedures set forth in D.C. Law 20-278. Such forfeiture may be in addition to the imposition of a fine or imprisonment as provided for in paragraph (1) of this subsection. (3) The fine set forth in this section shall not be limited by § 22-3571.01. (c) (1) A person violating subsection (a)(1) or (2) of this section shall be assessed the following civil penalties for a failure to maintain a valid and current registration: (A) A fine of $200 for a lapse in registration between one and 30 days; and (B) A fine of $200 for each additional unregistered month or portion thereof, up to a maximum of $2,400. (2) Violations under this subsection shall be adjudicated pursuant to Chapter 23 of this title [§ 50-2301.01 et seq.]. (d) Nothing in this section shall be interpreted as impeding the ability of a public safety officer to impound a vehicle that poses a threat to public health or safety.

Answer 179

(a) It shall be unlawful for any person under 16 years of age to operate or to be a passenger on a bicycle or any attachment to a bicycle on a public roadway, public bicycle path or other right-of-way, unless that person wears a protective helmet of good fit, fastened securely upon the head with the straps of the helmet. (b) It shall be unlawful for any parent or legal guardian of a child under 16 years of age to knowingly permit the child to operate or to be a passenger on a bicycle on a public roadway, public bicycle path, or other public right-of-way, unless at all times when the child is so engaged, he or she wears a protective bicycle helmet of good fit, fastened securely upon the head with the straps of the helmet. (c) The parents or legal guardians of any child under 16 years of age found in violation of this section shall be liable for paying a fine of $25. However, the fine shall be suspended for: (1) First time violators; or (2) Violators who subsequent to the violation, but prior to the imposition of fine, purchase a helmet of the type required by this subchapter. (d) The penalties provided for pursuant to subsection (c) of this section shall not be enforced until 90 days after May 23, 2000. (e) Any helmet sold or rented, or offered for sale or rent, for use by operators and passengers of bicycles shall be conspicuously labeled in accordance with the standard described in § 50-1609(5). (f) (1) A person regularly engaged in the business of renting bicycles shall require each person seeking to rent a bicycle to provide his or her signature, either on the rental form, or on a separate form containing each of the following: (A) A written explanation of the provisions of this subchapter and the penalties for violations; and (B) A statement concerning whether a person under 16 years of age will operate a bicycle in an area where a helmet is required. (2) A person regularly engaged in the business of renting bicycles shall provide a properly fitted helmet to any person who will operate the bicycle in an area requiring a helmet, if the person does not already have a helmet in his or her possession. A reasonable fee may be charged for the helmet rental. (3) A person regularly engaged in the business of selling or renting bicycles who complies with this subchapter shall not be liable in a civil action for damages for any physical injuries sustained by a bicycle operator or passenger as a result of the operator’s passenger’s failure to wear a helmet or to wear a properly fitted or fastened helmet in violation of this subchapter.

Answer 180

A law enforcement officer, as identified in section 3003 of Title 18 of the District of Columbia Municipal Regulations, shall not stop an individual for a violation, or a perceived violation, of the bicycle safety equipment requirements under section 1204 of Title 18 of the District of Columbia Municipal Regulations.

Answer 181

For the purposes of this subchapter the term: (1) “Bicycle” means a human-powered vehicle with wheels designed to transport, by pedaling, one or more persons seated on one or more saddle seats on its frame. “Bicycle” also includes a human-powered vehicle, and any attachment to the vehicle designed to transport by pedaling when the vehicle is used on a public roadway, public bicycle path or other public right-of-way. The term “Bicycle” also includes a “tricycle,” which is a 3-wheeled human-powered vehicle designed for use as a toy by a single child under 6 years of age, the seat of which is no more than 2 feet from ground level. (1A) “Identification number” means a numbered stamp, sticker, or other label or plate issued for a bicycle for the purpose of identifying the bicycle as having been registered, including any sticker or label provided by the National Bike Registry or a registry established by the Mayor for the purpose of bicycle registration. The term “identification number” shall also include a serial number that is originally inscribed or affixed by the manufacturer to a bicycle frame or a bicycle part for the purpose of identification. (1B) “National Bike Registry” means the nationwide computer database for the registration of bicycles that is an official licensee of the National Crime Prevention Council and is accessible at www.nationalbikeregistry.com or at 1-800-848-BIKE. (2) “Operator” means a person under 16 years of age who travels on a bicycle seated on a saddle seat from which that person is intended to and can pedal the bicycle. (3) “Other public right-of-way” means any right of way other than a public roadway or public bicycle path that is under the jurisdiction and control of the District of Columbia and is designed for use and used by vehicular or pedestrian traffic. (4) “Passenger” means any person, under 16 years of age, who travels on a bicycle in any manner except as an operator. (5) “Protective bicycle helmet” means a piece of headgear which meets or exceeds the impact standards for protective bicycle helmets set by the American National Standards Institute (ANSI) or the Snell Memorial Foundation’s standards for protective headgear or the American Society for testing and Materials (ASTM) for use in bicycling. (6) “Public bicycle path” means a right-of-way under the jurisdiction and control of the District of Columbia for use primarily by bicycles and pedestrians. (7) “Public roadway” means a right-of-way under the jurisdiction and control of the District of Columbia for use primarily by motor vehicles.

Answer 182

(a) It shall be unlawful for any person under 16 years of age to ride roller skates, a skateboard, sled, coaster, toy vehicle, sidewalk bicycle, scooter, or any similar device without wearing a protective helmet of good fit, fastened securely upon the head with the straps of the helmet. (b) The parents or legal guardians of any child under 16 years of age found in violation of this chapter shall be liable for a fine of $25; provided, that the fine shall be suspended for: (1) First time violators; or (2) Violators who subsequent to the violation, but prior to the date the fine is due, purchase a helmet as described in subsection (a) of this section and provide proof of the purchase. (c) Any helmet offered for sale or rent for use by an operator, or passenger, of roller-skates, a skateboard, sled, coaster, toy vehicle, sidewalk bicycle, scooter, or any similar device shall meet or exceed the impact standards for protective bicycle helmets set by the American National Standards Institute, the Snell Memorial Foundation’s standards for protective headgear, or the American Society for Testing and Materials for use in bicycling.

Answer 183

As used in this chapter the term: (1) “Child restraint seat” means any motor vehicle restraint system which has been designed to protect children and has been approved pursuant to § 50-1704. (2) “Operator” means a person who drives or is in actual physical control of a vehicle. (3) “Properly restrained,” when used in reference to the use of a safety belt, means secured with the lap portion of a safety belt which is provided in a motor vehicle; and when used in reference to the use of a child restraint seat, means secured in a child restraint seat which itself has been fastened to the motor vehicle by a safety belt and in which all securing straps are being used. (4) “Transport” means to have a child of less than 16 years of age as a passenger in a motor vehicle while the operator is seated in the driver position and the motor vehicle is either parked or in motion. (5) “Motor vehicle” means any device with more than 3 wheels and a seating capacity of 8 or fewer passengers, exclusive of the operator, which is propelled by an internal-combustion engine, electricity, or steam, and which is designed, used, or maintained for passenger or recreational purposes, or which is designed, used, or maintained for transporting freight, merchandise, or other commercial loads or property. The term “motor vehicle” does not include any device which is used for livery, sightseeing, taxi, ambulance, funeral, or farm purposes; or any device with more than 3 wheels which is propelled by an internal-combustion engine, electricity, or steam and which has a seating capacity of more than 8 passengers, exclusive of the operator.

Answer 184

(a) The operator of a motor vehicle may not transport any child of less than 3 years of age unless the child is properly restrained in a child restraint seat; provided, that, if the child weighs less than 40 pounds or measures less than 40 inches in length, and is under 2 years of age, the child shall be properly restrained in a rear-facing child restraint seat. (b) The operator of a motor vehicle shall not transport any child under 16 years of age unless the child is properly restrained in an approved child safety restraint system or restrained in a seat belt. Children under 8 years of age shall be properly seated in an installed infant, convertible (toddler) or booster child safety seat, according to the manufacturer’s instructions. A booster seat shall only be used with both a lap and shoulder belt. (c) A parent or legal guardian may transport his or her own child without restraint herein if that person is transporting a number of his or her own children of less than 16 years of age which exceeds the number of passenger positions equipped with safety belts in the motor vehicle. However, an unrestrained child may not be transported in the front seat of a motor vehicle. (d) Automobile rental companies shall be required to inform each customer of the provisions of this chapter and provide educational materials to the customer. The educational materials shall be provided by the Department of Transportation.

Answer 185

For the purposes of this chapter, the term: (1) “Distracted driving” means inattentive driving while operating a motor vehicle that results in the unsafe operation of the vehicle where such inattention is caused by reading, writing, performing personal grooming, interacting with pets or unsecured cargo, using personal communications technologies, or engaging in any other activity which causes distractions. (2) “Hands-free accessory” means an attachment, add-on, built-in feature, or addition to a mobile telephone, whether or not permanently installed in a motor vehicle, that when used allows the vehicle operator to maintain both hands on the steering wheel. (3) “Mobile telephone” means a cellular, analog, wireless, or digital telephone capable of sending or receiving telephone messages without an access line for service. (4) “Other electronic device” includes, but is not limited to, hand-held computers, pagers, and video games. (4A) “Text” or “texting” means using an electronic wireless communications device to compose, send, receive, or read a written message or image using a text-based communication system, including communications referred to as a text message, instant message, or electronic mail. (5) “Use” means talking, placing, texting, or receiving a call, or attempting to place, text, or receive a call, on a wireless communications device, including a mobile telephone.

Answer 186

Distracted driving shall be prohibited. A person found guilty of distracted driving shall be subject to the fines and penalties set forth in § 50-1731.06(a).

Answer 187

operating a moving motor vehicle in the District of Columbia unless the telephone or device is equipped with a hands-free accessory. (b) The provisions of subsection (a) of this section shall not apply to the following: (1) Emergency use of a mobile telephone, including calls to 911 or 311, a hospital, an ambulance service provider, a fire department, a law enforcement agency, or a first-aid squad; (2) Use of a mobile telephone by law enforcement and emergency personnel or by a driver of an authorized emergency vehicle, acting within the scope of official duties; or (3) Initiating or terminating a telephone call, or turning the telephone on or off. (c) No person shall use headphones that cover both ears or earbuds in both ears while operating a motor vehicle in the District, except if the headphones or earbuds are being used to assist a hearing-impaired driver.

Answer 188

(a) A person shall not use a mobile telephone or other electronic device, including those with hands-free accessories, while operating a moving school bus that is carrying passengers; provided, that this section shall not apply to a school bus driver who places an emergency call to school officials or to the exceptions set forth in § 50-1731.04(b). (b) A person who holds a learner’s permit or is under the age of 18 shall be prohibited from using any mobile telephone or other electronic device, including those with hands-free accessories, while operating a moving motor vehicle on a public highway except in an emergency, as set forth in § 50-1731.04(b).

Answer 189

(a) Whenever the Metropolitan Police Department (“MPD”) makes a written report on an accident involving a motor vehicle, the report shall include the following information: (1) Whether a mobile telephone or other electronic device was present in the motor vehicle; (2) Whether the use of a mobile telephone or other electronic device by a motor vehicle operator may have contributed to the cause of the accident; and (3) Whether any other distraction may have contributed to the cause of the accident. (b) The MPD shall provide a copy of each accident report to the District Department of Transportation.

Answer 190

For the purposes of this chapter, the term: (1) “Motor vehicle” means an automotive transportation device with more than 3 wheels and a seating capacity of 8 or less passengers, not including the driver, but the term does not include vehicles used for farm purposes. (2) “Properly restrained” means strapped around the waist or the torso of a passenger by a safety belt built into the motor vehicle.

Answer 191

(a) Except as provided in Chapter 17 of this title, the driver and all passengers in a motor vehicle shall wear a properly adjusted and fastened safety belt while the driver is in control of the vehicle. (b) This section does not apply to operators or passengers under the following circumstances: (1) Riders in a motor vehicle manufactured before July 1, 1966; (2) Riders who possess a written verification from a licensed physician that the rider is unable to wear a safety belt for medical reasons; (3) Riders who are passengers in a vehicle if all seating positions with seat belts in the vehicle are occupied by other persons. The driver shall insure that children 16 years of age and under have preference to seating positions with seat belts over persons more than 16 years of age; or (4) Operators of taxicabs who possess valid taxicab licenses while picking up or transporting passengers for hire between the hours of 6:00 p.m. and 6:00 a.m. (c) Two years following June 9, 2001, the District of Columbia Taxicab Commission shall submit to the Council a report on the impact on driver safety of subsection (b)(4) of this section.

Answer 192

For the purposes of this chapter, the term: (1) “Chemical test” or “chemical testing” means any qualitative or quantitative procedure which is designed to demonstrate the existence or absence of a chemical compound or chemical group. Any handheld and portable breath testing instrument, otherwise known as a roadside breath test, is excluded from this definition. (2) “Collision” means an impact between the operator’s vehicle, or anything attached to or transported by the vehicle, and anything else, regardless of whether it is a person, a wild or domestic animal, real property, or personal property. (3) “Commercial vehicle” means a vehicle used to transport passengers or property: (A) If the vehicle has a gross vehicle weight rating of greater than 26,000 pounds or a lesser rating as determined by federal regulation but not less than a gross vehicle weight rating of 10,001 pounds; (B) If the vehicle is designed to transport more than 15 passengers, including the driver; (C) If the vehicle is a locomotive or a streetcar; (D) If the vehicle is used to transport a material found to be hazardous by the Mayor in accordance with Chapter 14 of Title 8 [§ 8-1401 et seq.] or by the Secretary of Transportation in accordance with the Hazardous Materials Transportation Act, approved January 3, 1975 (88 Stat. 2156; 49 U.S.C. § 1801 et seq.); or (E) If the vehicle is a vehicle for hire. (4) “Court” means the Superior Court of the District of Columbia, except when used in the definition of “prior offense” when it shall also include courts of other jurisdictions. (5) “Drug” means any chemical substance that affects the processes of the mind or body, including but not limited to a controlled substance as defined in § 48-901.02(4) and any prescription or non-prescription medication. (6) “Highway” means any street, road, or public thoroughfare, or the entire width between the boundary lines of every publicly or privately maintained way, when any part thereof is open to the use of the public for purposes of vehicular or pedestrian travel. (7) “Impaired” means a person’s ability to operate or be in physical control of a vehicle is affected, due to consumption of alcohol or a drug or a combination thereof, in a way that can be perceived or noticed. (8) “Intoxicated” means: (A) Except as provided in subparagraph (B) of this paragraph, that: (i) An alcohol concentration at the time of testing of 0.08 grams or more per 100 milliliters of the person’s blood or per 210 liters of the person’s breath, or of 0.10 grams or more per 100 milliliters of the person’s urine; or (ii) Any measurable amount of alcohol in the person’s blood, urine, or breath if the person is under 21 years of age. (B) If operating or in physical control of a commercial vehicle, that: (i) An alcohol concentration at the time of testing of 0.04 grams or more per 100 milliliters of the person’s blood or per 210 liters of the person’s breath, or of 0.08 grams or more per 100 milliliters of the person’s urine; or (ii) Any measurable amount of alcohol in the person’s blood, urine, or breath if the person is under 21 years of age. (9) “Law enforcement officer” means a sworn member of the Metropolitan Police Department or a sworn member of any other police force operating in the District of Columbia. (10) “License” means any operator’s permit or any other license or permit to operate a motor vehicle issued under the laws of the District, including: (A) Any temporary or learner’s permit; (B) The privilege of any person to drive a motor vehicle whether or not such person holds a valid license; and (C) Any nonresident’s operating privilege. (11) “Mayor” means the Mayor of the District, or his or her designee. (12) “Measurable amount” means any amount of alcohol capable of being, but not required to be, measured. (13) “Medical professional” means a physician, registered nurse, licensed practical nurse, or any person who by certification or licensure is qualified to draw blood. (14) The term “motor vehicle” means all vehicles propelled by internal combustion engines, electricity, or steam. The term “motor vehicle” shall not include personal mobility devices, as the term is defined in § 50-2201.02(13), electric mobility devices, as the term is defined § 50-2201.02(6A), motorized bicycles, as the term is defined in § 50-2201.02(11A), or a battery-operated wheelchair when operated by a person with a disability. (15) “Nonresident” shall include any person who is not a resident of the District. (16) “Nonresident’s operating privilege” means the privilege conferred upon a nonresident by the laws of the District relating to the operation by such person of a motor vehicle, or the use of a vehicle owned by such person, in the District. (17) “Prior offense” means any guilty plea or verdict, including a finding of guilty in the case of a juvenile, for an offense under District law or a disposition in another jurisdiction for a substantially similar offense which occurred prior to the current offense regardless of when the arrest occurred. The term “prior offense” does not include an offense where the later of any term of incarceration, supervised release, parole, or probation ceased or expired more than 15 years before the arrest on the current offense. (18) “Specimen” means that quantity of a person’s blood, breath, or urine necessary to conduct chemical testing to determine alcohol or drug content. A single specimen may be comprised of multiple breaths into a breath test instrument if such is necessary to complete a valid breath test, or a single blood draw or single urine sample regardless of how many times the blood or urine sample is tested. (19) “Vehicle” means any appliance, conveyance, or carrier that moves over a highway on wheels or traction tread, including street cars, draft animals, and beasts of burden. (20) “Vehicle for hire” means: (A) Any motor vehicle operated in the District by a private concern or individual as an ambulance, funeral car, or sightseeing vehicle, or for which the rate is fixed solely by the hour; (B) Any motor vehicle operated in the District by a private concern used for services including transportation paid for by a hotel, venue, or other third party; (C) Any motor vehicle used to provide transportation within the District between fixed termini or on a schedule, including vehicles operated by the Washington Metropolitan Area Transit Authority or other public authorities, not including rental cars; or (D) Any other vehicle that provides transportation for a fee not operated on a schedule or between fixed termini and operating in the District; including taxicabs, limousines, party buses, and pedicabs.

Answer 193

(a) Only a medical professional acting at the request of a law enforcement officer may withdraw blood, subject to the provisions of this chapter, for the purpose of determining the alcohol or drug content thereof. This limitation shall not apply to the taking of breath or urine specimens. (b) (1) Except as provided in paragraph (2) of this subsection, the following persons are immune from criminal and civil liability based upon a claim of assault and battery, or any other claim that is not a claim of malpractice, for any act performed in collecting a person’s blood: (A) Any law enforcement officer who assists in the collection of specimens from a person pursuant to this section; (B) Any medical professional, staff, or security personnel who collects or assists in the collection of specimens from a person pursuant to this section; and (C) Any hospital, first-aid station, clinic, or other location where specimens are collected from a person pursuant to this section. (2) The immunity provided in this subsection shall not apply to a person who collects or assists in the collection of specimens if that person commits gross negligence or engages in intentionally wrongful conduct.

Answer 194

(a) When a law enforcement officer has reasonable grounds to believe that a person was operating or in physical control of a vehicle within the District while intoxicated or while the person’s ability to operate a vehicle is impaired by the consumption of alcohol or a drug or a combination thereof, the law enforcement officer may, without making an arrest or issuing a violation notice, request that the person submit to a preliminary breath test, to be administered by the law enforcement officer, who shall use a device which the Mayor has approved by rule for that purpose. (b) Before administering the test, the law enforcement officer shall advise the person to be tested that the preliminary breath test is voluntary and that the results of the test will be used to aid in the law enforcement officer’s decision whether to arrest the person. (c) The results of the preliminary breath test shall be used by the law enforcement officer to aid in the decision whether to arrest the person, and the results of the test shall not be used as evidence by the District in any prosecutions and shall not be admissible in any judicial proceeding except in any judicial or other proceeding in which the validity of the arrest or the conduct of the law enforcement officer is an issue.

Answer 195

(a) Except as provided in subsection (b) of this section, when a law enforcement officer has reasonable grounds to believe that a person was operating or in physical control of a motor vehicle within the District while intoxicated or while the person’s ability to operate a motor vehicle is impaired by the consumption of alcohol or a drug or a combination thereof, after arrest of the person, the person shall: (1) Except as provided in paragraph (2) of this subsection, be deemed to have given his or her consent, subject to the provisions of this chapter, to submitting 2 specimens for chemical testing of the person’s blood, breath, or urine, for the purpose of determining alcohol or drug content; and (2) Submit 2 specimens for chemical testing of his or her blood, breath, or urine for the purpose of determining alcohol or drug content when he or she is involved in a collision in the District. (b) When a person is required to submit specimens for chemical testing pursuant to subsection (a) of this section, a law enforcement officer shall elect which types of specimens will be collected from the person and the law enforcement officer or a medical professional shall collect the specimen subject to the restriction in § 50-1903(a); provided, that the person may object to a particular type of specimen collection for chemical testing on valid religious or medical grounds. If a person objects to blood collection on valid religious or medical grounds, that person shall only be required to submit breath or urine specimens for collection. (c) In addition to submitting specimens for chemical testing as provided in this section, a person may also submit specimens for chemical testing administered to him or her by a medical professional of his or her own choosing. The failure or inability of the person to obtain additional specimens or chemical tests shall not preclude the admission of chemical tests results that were the product of the law enforcement officer’s request under this section. (d) Before collecting specimens for chemical testing, the law enforcement officer shall advise the operator of the motor vehicle about the requirements of this chapter.

Answer 196

(a) (1) If a person under arrest refuses to submit specimens for chemical testing as provided in § 50-1904.02(a), he or she shall be informed that failure or refusal to submit to chemical testing will result in the revocation of his or her license or privilege to drive in the District of Columbia as provided in this section. (2) If a person, after having been informed as provided in paragraph (1) of this subsection, still refuses to submit to chemical testing, no test shall be given, but the Mayor, upon receipt of a sworn report of the law enforcement officer that he or she had reasonable grounds to believe the arrested person had been driving or was in physical control of a motor vehicle upon the highways while the person was intoxicated or while the person’s ability to operate a motor vehicle was impaired by the consumption of alcohol or a drug or a combination thereof, and that the person had refused to submit 2 specimens for chemical testing, shall: (A) Revoke his or her license or privilege to drive in the District of Columbia for a period of 12 months; or (B) Deny the person the issuance of a license, if the person is without a license to operate a motor vehicle in the District, for a period of 12 months after the date of the alleged violation. (b) If a person under arrest refuses to submit specimens for chemical testing as provided in § 50-1904.02(a), and the person has had a conviction for a prior offense under § 50-2206.11, § 50-2206.12, or § 50-2206.14, there shall be a rebuttable presumption that the person is under the influence of alcohol or a drug or any combination thereof. (c) If a person under arrest refuses to submit specimens for chemical testing as provided in § 50-1904.02(a), evidence of such refusal shall be admissible in any civil or criminal proceeding arising as a result of the acts alleged to have been committed by the person before the arrest. (d) (1) If a person under arrest refuses to submit specimens for chemical testing as provided in § 50-1904.02(a) and the person was involved in a collision that resulted in a fatality, except as provided in paragraph (2) of this subsection, a law enforcement officer may employ whatever means are reasonable to collect blood specimens from the person if the law enforcement officer has reasonable grounds to believe that the person was intoxicated or under the influence of alcohol or of any drug or any combination thereof. (2) If a person required to submit blood testing under paragraph (1) of this subsection objects on valid religious or medical grounds, that person shall not be required to submit blood specimens but the law enforcement officer may employ whatever means are reasonable to collect breath or urine specimens from the person if the law enforcement officer has reasonable grounds to believe that the person was intoxicated or under the influence of alcohol or of any drug or any combination thereof.

Answer 197

For the purposes of this chapter, the term: (1) “Alcohol” means a liquid, gas, or solid, containing ethanol from whatever source or by whatever processes produced, whether or not intended for human consumption. (2) “All-terrain vehicle” or “ATV” means any motor vehicle with 3 or more tires that is designed primarily for off-road use and which has a seat or saddle designed to be straddled by the operator. The terms “all-terrain vehicle” and “ATV” shall not include golf carts, riding lawnmowers, or tractors. (2A) “Block” means the 2 opposite sides of a street between 2 consecutive street intersections. (2B) “Block face” means one side of a block. (3) “Collision” means an impact between the operator’s vehicle, or anything attached to or transported by the vehicle, and anything else, regardless of whether it is a person, a wild or domestic animal, real property, or personal property. (4) “Commercial vehicle” means a vehicle used to transport passengers or property: (A) If the vehicle has a gross vehicle weight rating of greater than 26,000 pounds or a lesser rating as determined by federal regulation but not less than a gross vehicle weight rating of 10,001 pounds; (B) If the vehicle is designed to transport more than 15 passengers, including the driver; (C) If the vehicle is a locomotive or a streetcar; (D) If the vehicle is used to transport a material found to be hazardous by the Mayor in accordance with Chapter 14 of Title 8 [§ 8-1401 et seq.], or by the Secretary of Transportation in accordance with the Hazardous Materials Transportation Act, approved January 3, 1975 (88 Stat. 2156; 49 U.S.C. § 1801 et seq.); or (E) If the vehicle is a vehicle for hire. (5) “Court” means the Superior Court of the District of Columbia, except when used in the definition of “prior offense” when it shall also include courts of other jurisdictions. (5A) “Director” means the Director of the District Department of Transportation. (6) “Dirt bike” means any motorcycle designed primarily for off-road use. (6A) (A) “Electric mobility device” means a device weighing less than 75 pounds that: (i) Has an electric motor; (ii) Is solely powered by the electric motor or human power; (iii) Is designed to transport only one person in a standing or seated position, where the rider is not enclosed; and (iv) Is no greater than 24 inches wide and 55 inches long. (B) The term “electric mobility device” shall not include a motorized bicycle, personal mobility device, motorcycle, or moped. (7) “Highway” means any street, road, or public thoroughfare, or the entire width between the boundary lines of every publicly or privately maintained way, when any part thereof is open to the use of the public for purposes of vehicular or pedestrian travel. (8) “Identifying information” means the name, complete address, and telephone number of the operator of the vehicle; if the owner of the vehicle is different from the operator of the vehicle, the name, complete address, and telephone number of the owner of the vehicle operated; the tag number of the vehicle operated or, if no tag number, the vehicle identification number; and insurance information for the vehicle operated. (9) “Law enforcement officer” means a sworn member of the Metropolitan Police Department or a sworn member of any other police force operating in the District of Columbia. (9A) “Lock-to mechanism” means a mechanism on shared fleet devices that locks the device to an object or infrastructure. (10) “Mayor” means the Mayor of the District of Columbia or his or her designee. (11) “Motor vehicle” means all vehicles propelled by internal-combustion engines, electricity, or steam. The term “motor vehicle” shall not include traction engines, road rollers, vehicles propelled only upon rails or tracks, electric mobility devices, personal mobility devices, motorized bicycles, or a battery-operated wheelchair when operated by a person with a disability. (11A) (A) “Motorized bicycle” means a 2 or 3 wheeled vehicle with all of the following characteristics: (i) A post mounted seat or saddle for each person that the device is designed and equipped to carry; (ii) A vehicle with 2 or 3 wheels in contact with the ground, which are at least 16 inches in diameter; (iii) Fully operative pedals for human propulsion; and (iv) A motor incapable of propelling the device at a speed of more than 20 miles per hour on level ground. (B) The term “motorized bicycle” shall not include electric mobility devices, personal mobility devices, or a battery-operated wheelchair when operated by a person with a disability. (12) “Park” means to leave any motor vehicle standing on a highway, whether or not attended. (12A) “Permitted operator” means a SFD operating company that has a SFD permit. (12B) “Personal information” means information that can reasonably be used to contact or distinguish a person, including internet protocol addresses, device identifiers, bank or credit card information, home addresses, email addresses, or phone numbers. (13) (A) “Personal mobility device” or “PMD” means a motorized propulsion device that is designed to transport only one person that: (i) Weighs 75 pounds or more; or (ii) Is a self-balancing, two non-tandem wheeled device. (B) The term “personal mobility device” shall not include: (i) A battery-operated wheelchair; (ii) An electric mobility device; or (iii) A motorized bicycle. (14) “Prior offense” means any guilty plea or verdict, including a finding of guilty in the case of a juvenile, for an offense under District law or a disposition in another jurisdiction for a substantially similar offense which occurred before the current offense regardless of when the arrest occurred. The term “prior offense” does not include an offense where the later of any term of incarceration, supervised release, parole, or probation ceased or expired more than 15 years prior to the arrest on the current offense. (14A) “SFD fleet” means all shared fleet devices of any single type of shared fleet device made available for rent by a permitted operator. (14B) (A) “SFD operating company” means a company that provides rental of shared fleet devices for use in the public right-of-way without requiring the installation of any infrastructure within the public right-of-way. (B) The term “SFD operating company” shall not include the District Department of Transportation or its contractors operating Capital Bikeshare. (14C) “SFD permit” means a public-right-of-way occupancy permit issued by the Director to a shared fleet device operating company to offer shared fleet devices for rental in the public right-of-way in the District. (14D) “Shared fleet device” means an electric mobility device, bicycle, or electrically-powered motorized bicycle that is available for short-term rental and is permitted for use in public space. (15) “This chapter” includes all lawful regulations issued thereunder by the Council of the District of Columbia and all lawful rules issued thereunder by the Mayor of the District of Columbia or his designated agent. (16) “Traffic” includes not only motor vehicles but also all vehicles, pedestrians, and animals, of every description. (17) “Vehicle” includes any appliance moved over a highway on wheels or traction tread, including street cars, draft animals, and beasts of burden. (18) “Vehicle conveyance fee” shall have the same meaning as provided in § 50-2301.02(9). (19) “Vehicle for hire” means: (A) Any motor vehicle operated in the District by a private concern or individual as an ambulance, funeral car, sightseeing vehicle, or for which the rate is fixed solely by the hour; (B) Any motor vehicle operated in the District by a private concern used for services including transportation paid for by a hotel, venue, or other third party; (C) Any motor vehicle used to provide transportation within the District between fixed termini or on a schedule, including vehicles operated by the Washington Metropolitan Area Transit Authority or other public authorities, not including rental cars; or (D) Any other vehicle that provides transportation for a fee not operated on a schedule or between fixed termini and operating in the District, including taxicabs, limousines, party buses, and pedicabs, but not including shared fleet devices. (20) “Work zone” means the area of a highway or roadway that is affected by construction, maintenance, or utility work activities, including the area delineated by and within all traffic control devices erected or installed to guide vehicular, pedestrian, and bicycle traffic.

Answer 198

(a) (1) No vehicle shall be operated at a greater rate of speed than permitted by the regulations adopted under the authority of this part. (2) [Not funded]. (b) A person shall be guilty of reckless driving if the person drives a vehicle upon a highway carelessly and heedlessly in willful or wanton disregard for the rights or safety of others, or without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger a person or property. (b-1) A person shall be guilty of aggravated reckless driving if the person violates subsection (b) of this section and the person does one or more of the following: (1) Operates the vehicle at a rate or speed at or greater than 30 miles per hour over the stated speed limit; (2) Causes bodily harm or permanent disability or disfigurement to another; or (3) Causes property damage in excess of $1,000. (c) (1) A person violating subsection (b) of this section shall, upon conviction for the first offense, be fined no more than the amount set forth in § 22-3571.01, or incarcerated for no more than 90 days, or both. (2) A person violating subsection (b) of this section when the person has been convicted of a prior offense under subsection (b) of this section within a 2-year period and is being sentenced on the current offense shall be fined no more than the amount set forth in § 22-3571.01, or incarcerated for no more than 180 days. (3) A person violating subsection (b) of this section when the person has 2 or more prior convictions for offenses under subsection (b) of this section within a 2-year period and is being sentenced on the current offense shall be fined no more than the amount set forth in § 22-3571.01, or incarcerated for no more than one year. (c-1) (1) A person violating subsection (b-1) of this section shall, upon conviction for the first offense, be fined no more than the amount set forth in § 22-3571.01, or incarcerated for no more than 180 days, or both. (2) A person violating subsection (b-1) of this section when the person has one or more prior convictions for offenses under subsection (b-1) within a 2-year period and is being sentenced on the current offense shall be fined no more than the amount set forth in § 22-3571.01, or incarcerated for no more than one year. (d) Any individual violating any provision of this section, except where the offense constitutes aggravated reckless driving, shall be subject to a civil fine under the District of Columbia Traffic Adjudication Act (§ 50-2301.01 et seq.). (e) A presumption shall exist that a reckless, careless, hazardous, or aggressive driving conviction that occurred in a foreign jurisdiction constitutes reckless driving as provided in subsection (b) of this section, unless the District can show evidence that the person met the requirements for aggravated reckless driving in subsection (b-1) of this section. (f) The fines set forth in this section shall not be limited by § 22-3571.01.

Answer 199

A personal mobility device shall not be operated: (1) In the District if it has not been validly registered, unless it is validly registered in another jurisdiction, when required by applicable law of that jurisdiction, and bears readily visible evidence of being registered. (2) By a person under 16 years of age; (3) Above the maximum speed limit of 10 miles per hour; (4) Upon a sidewalk within the Central Business District, as defined by section 9901 of Title 18 of the District of Columbia Municipal Regulations (18 DCMR 9901); (5) By a person carrying any package, bundle, or other article that hinders the person from keeping both hands on the handlebars; or (6) On any roadway or sidewalk while the person is wearing a headset, headphone, or earphone, unless the device is used to improve the hearing of a person with a hearing impairment or covers or is inserted in one ear only.

Answer 200

(a) (1) No person shall: (A) Operate an all-terrain vehicle or dirt bike on public property, including any public space in the District; or (B) Park, stand, or stop an all-terrain vehicle or dirt bike on public property, including any public space in the District. (2) Paragraph (1) of this subsection shall not apply to a person who is in the process of immediately loading an all-terrain vehicle or dirt bike in or on a vehicle, trailer, or other storage container for the purpose of transporting the all-terrain vehicle or dirt bike to another jurisdiction or to private property in the District. (b) All-terrain vehicles or dirt bikes shall not be registered with the Department of Motor Vehicles. (c) A person violating subsection (a)(1)(A) of this section shall upon conviction be fined no more than the amount set forth in § 22-3571.01, or incarcerated for no more than 30 days, or both. (d) In addition to the penalties described in subsection (c) of this section, a person who is convicted of violating subsection (a)(1)(A) of this section shall, upon a second or subsequent conviction for violating subsection (a)(1)(A) of this section, have his or her driver’s license, or privilege to operate a motor vehicle in the District, suspended for one year from the date of conviction; provided, that the period of suspension shall toll during a period of incarceration. (e) The Attorney General for the District of Columbia, or his or her assistants, shall prosecute violations of this section, in the name of the District of Columbia. (f) An all-terrain vehicle or dirt bike operated in violation of this section shall be subject to forfeiture pursuant to the standards and procedures set forth in § 41-301 et seq.

Answer 201

(a) For any motor vehicle moving infraction, as defined in Chapter 26 of Title 18 of the District of Columbia Municipal Regulations, committed by the driver within a work zone, the civil fine shall be double the amount otherwise prescribed and, in a criminal infraction case, the fine shall be one category higher than the penalty prescribed by law. (b) Signs or notices shall be affixed at the point of ingress of constriction or work zones alerting drivers of doubled fines and increased penalties for moving infractions within the zone.

Answer 202

(a) For the purposes of this section, the term: (1) “Law enforcement officer” means a sworn member of the Metropolitan Police Department or a sworn member of any other police force operating in the District of Columbia. (2) “Signal” means a communication made by hand, voice, or the use of emergency lights, sirens, or other visual or aural devices. (b) (1) An operator of a motor vehicle who knowingly fails or refuses to bring the motor vehicle to an immediate stop, or who flees or attempts to elude a law enforcement officer, following a law enforcement officer’s signal to bring the motor vehicle to a stop, shall be fined not more than not more than the amount set forth in § 22-3571.01, or imprisoned for not more than 180 days, or both. (2) An operator of a motor vehicle who violates paragraph (1) of this subsection and while doing so drives the motor vehicle in a manner that would constitute reckless driving under § 50-2201.04(b), or causes property damage or bodily injury, shall be fined not more than not more than the amount set forth in § 22-3571.01, or imprisoned for not more than 5 years, or both. (c) It is an affirmative defense under this section if the defendant can show, by a preponderance of the evidence, that the failure to stop immediately was based upon a reasonable belief that the defendant’s personal safety is at risk. In determining whether the defendant has met this burden, the court may consider the following factors: (1) The time and location of the event; (2) Whether the law enforcement officer was in a vehicle clearly identifiable by its markings, or if unmarked, was occupied by a law enforcement officer in uniform or displaying a badge or other sign of authority; (3) The defendant’s conduct while being followed by the law enforcement officer; (4) Whether the defendant stopped at the first available reasonably lighted or populated area; and (5) Any other factor the court considers relevant. (d) (1) The Mayor or his designee, pursuant to § 50-1403.01, may suspend the operating permit of a person convicted under subsection (b)(1) of this section for a period of not more than 180 days and may suspend the operating permit of a person convicted under subsection (b)(2) of this section for a period of not more than 1 year. (2) A suspension of an operator’s permit under paragraph (1) of this subsection for a person who has been sentenced to a term of imprisonment for a violation of subsection (b)(1) or (2) of this section shall begin following the person’s release from incarceration. (e) Prosecution for violations under this section shall be conducted in the name of the District of Columbia by the Attorney General for the District of Columbia, or his or her assistants, in the Superior Court of the District of Columbia.

Answer 203

(a) Any person who operates or who is in physical control of a vehicle within the District who knows or has reason to believe that his or her vehicle has been in a collision shall immediately stop and: (1) Where another person is injured, call or cause another to call 911 or call or cause another to call for an ambulance or other emergency assistance if necessary, remain on the scene until law enforcement arrives, and provide identifying information to law enforcement and to the injured person; (2) Where real or personal property belonging to another is damaged or a domestic animal is injured, provide identifying information to the owner or operator of the property or the owner of the domestic animal or, where the owner or operator of the property or the owner of the domestic animal is not present, provide or cause another to provide identifying information and the location of the collision, to law enforcement or 911; or (3) Where real or personal property or a wild or domestic animal, as a result of the collision, poses a risk to others, call or cause another to call 911 and provide identifying information, the location of the collision, and a description of the nature of the risk posed to others. (b) It is an affirmative defense to a violation of subsection (a) of this section, which the defendant must show by a preponderance of the evidence, that the defendant’s failure to stop or his or her failure to remain on the scene was based on a reasonable belief that his or her personal safety, or the safety of another, was at risk and that he or she called 911, or otherwise notified law enforcement, as soon as it was safe to do so, provided identifying information, provided a description of the collision, including the location of the collision or event, and followed the instructions of the 911 operator or a law enforcement officer. (c) It is not a defense to a violation of this section that the defendant: (1) Was intoxicated, impaired in any way, or distracted; or (2) Was not at fault for the collision. (d) (1) (A) A person violating subsection (a)(1) of this section shall upon conviction for the first offense be fined not more than the amount set forth in § 22-3571.01, or incarcerated for not more than 180 days, or both. (B) A person violating subsection (a)(1) of this section when the person has a prior offense under subsection (a)(1) of this section and is being sentenced on the current offense shall be fined not more than the amount set forth in § 22-3571.01, or imprisoned not more than one year, or both. (2) (A) A person violating subsection (a)(2) or (a)(3) of this section shall upon conviction for the first offense be fined not more than the amount set forth in § 22-3571.01, or incarcerated for not more than 30 days, or both. (B) A person violating subsection (a)(2) or (3) of this section when the person has a prior offense under subsection (a)(2) or (a)(3) of this section and is being sentenced on the current offense shall be fined not more than the amount set forth in § 22-3571.01, or imprisoned not more than 90 days, or both.

Answer 204

(a) The driver of a vehicle shall stop and remain stopped to allow a pedestrian to cross the roadway within any marked crosswalk, or unmarked crosswalk at an intersection, when the pedestrian is upon the lane, or within one lane approaching the lane, on which the vehicle is traveling or onto which it is turning. (a-1) Whenever a vehicle is stopped at a marked crosswalk at an unsignalized intersection, a vehicle approaching the crosswalk in an adjacent lane or from behind the stopped vehicle shall stop and give the right-of-way to ensure the safety of pedestrians and bicyclists before passing the stopped vehicle. (b) A pedestrian who has begun crossing on the “WALK” signal shall be given the right-of-way by the driver of any vehicle to continue to the opposite sidewalk or safety island, whichever is nearest. (b-1) A person on a bicycle, personal mobility device, or electric mobility device upon or along a sidewalk or while crossing a roadway in a crosswalk shall have the rights and duties applicable to a pedestrian under the same circumstances; provided, that: (1) The bicyclist, personal mobility device operator, or electric mobility device operator yields to pedestrians on the sidewalk or crosswalk; and (2) Riding a bicycle on the sidewalk is permitted. (c) Any person convicted of failure to stop and give the right-of-way to a pedestrian or of colliding with a pedestrian shall be subject to a fine of not more than the amount set forth in § 22-3571.01, or imprisonment for not more than 30 days, or both. Any person convicted of a violation of this section may be sentenced to perform community service as an alternative to, but not in addition to, any term of imprisonment authorized by this section. (c-1) Civil fines, penalties, and fees may be imposed by the Department of Motor Vehicles as alternative sanctions for any infraction of the provisions of this section, or rules or regulations issued under the authority of this section, pursuant to Chapter 23 of this title [§ 50-2301.01 et seq.]. Adjudication of any infraction shall be pursuant to Chapter 23 of this title [§ 50-2301.01 et seq.]. (d) The Mayor of the District of Columbia (“Mayor”) shall submit to the Council of the District of Columbia (“Council”) a proposed plan for an extensive public information program on the rights and responsibilities of pedestrians and drivers. This proposed plan shall include proposals for increasing police enforcement of pedestrian right-of-way laws. The proposed plan shall be submitted to the Council within 90 days of October 9, 1987, for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed plan, in whole or in part, by resolution within this 45-day review period, the proposed plan shall be deemed approved. (e) Prosecution for violations under this section shall be conducted in the name of the District of Columbia by the Attorney General for the District of Columbia, or his or her assistants, in the Superior Court of the District of Columbia.

Answer 205

(a) A motor vehicle driver shall be prohibited from passing to the left and pulling in front of a bus to make a right turn when the bus is at a bus stop at an intersection to receive or discharge passengers; the vehicle shall stay or merge behind the bus to effect its turn. (b) A person violating subsection (a) of this section shall be subject to a fine of $100.00 or twice the fine prescribed for illegal turns, whichever is greater. (c) Within 60 days of September 29, 2006, the Mayor shall ensure that affixed on the rear of each bus operating in the District of Columbia is a sticker or decal advising drivers of the prohibition described in subsection (a) of this section. (d) Nothing in this section shall relieve the operator of a bus from complying with all applicable traffic regulations or from otherwise exercising due caution in the operation of a bus. (e) For the purposes of this section, “Bus” means public transit such as Metrobuses, the Downtown Circulator, the Georgetown Blue Buses, Maryland and Virginia State commuter charters, and Tourmobile vehicles.

Answer 206

Any person who, by the operation of any vehicle in a careless, reckless, or negligent manner, but not wilfully or wantonly, shall cause the death of another, including a pedestrian in a marked crosswalk, or unmarked crosswalk at an intersection, shall be guilty of a felony, and shall be punished by imprisonment for not more than 5 years or by a fine of not more than the amount set forth in § 22-3571.01 or both.

Answer 207

The crime of negligent homicide defined in § 50-2203.01 shall be deemed to be included within every crime of manslaughter charged to have been committed in the operation of any vehicle, and in any case where a defendant is charged with manslaughter committed in the operation of any vehicle, if the jury shall find the defendant not guilty of the crime of manslaughter such jury may, in its discretion, render a verdict of guilty of negligent homicide.

Answer 208

In any prosecution under § 50-2203.01 or § 50-2203.02, whether the defendant was driving at an immoderate rate of speed shall not depend upon the rate of speed fixed by law for operating such vehicle.

Answer 209

(a) It shall be a violation of this section if a person violates 3 or more of the following provisions at the same time or during a single and continuous period of driving within the course of one mile: (1) Section 2000.4 of Title 18 of the District of Columbia Municipal Regulations (18 DCMR § 2000.4); Traffic Control Devices (2) Section 2200 of Title 18 of the District of Columbia Municipal Regulations (18 DCMR § 2200); Speeding (3) Section 2201.6 of Title 18 of the District of Columbia Municipal Regulations (18 DCMR § 2201.6); Stay in lane (4) Section 2201.9 of Title 18 of the District of Columbia Municipal Regulations (18 DCMR § 2201.9); Following Closely (5) Section 2202.4 of Title 18 of the District of Columbia Municipal Regulations (18 DCMR § 2202.4); Overtaking vehicle (6) Section 2205 of Title 18 of the District of Columbia Municipal Regulations (18 DCMR § 2205); Proper turn signals (7) Section 2210.1 of Title 18 of the District of Columbia Municipal Regulations (18 DCMR § 2210.1); Yield to emergency vehicle (8) Section 2220 of Title 18 of the District of Columbia Municipal Regulations (18 DCMR § 2220); Restricted lanes (9) Section 2405.1(e) of Title 18 of the District of Columbia Municipal Regulations (18 DCMR § 2405.1(e)); or (10) § 50-2201.04. Stopping or standing (b) (1) The penalty for violating this section shall be a fine of $200 and 2 traffic points. The penalties prescribed by this subsection shall be applied in addition to any other penalties provided by law for the offenses listed in subsection (a) of this section. (2) In addition to any penalty described in paragraph (1) of this subsection, a person who violates this section shall complete traffic school, as approved by the Department of Motor Vehicles, within 90 days of the date on which the infraction is established. Failure to successfully complete the traffic school shall result in the suspension of the driver’s license or privilege to operate a motor vehicle in the District for a period to be determined by the Department of Motor Vehicles. (c) A violation of this section shall be processed and adjudicated under the provisions applicable to moving violations set forth in § 50-2302.01 et seq.

Answer 210

For the purposes of this subchapter, the term: (1) “Active metabolite” means an active form of a drug after it has been processed by the body. (2) “Alcohol” means a liquid, gas, or solid, containing ethanol from whatever source or by whatever processes produced, whether or not intended for human consumption. (3) “Chemical test” or “chemical testing” means any qualitative or quantitative procedure which is designed to demonstrate the existence or absence of a chemical compound or chemical group. Any handheld and portable breath testing instrument, otherwise known as a roadside breath test, is excluded from this definition. (4) “Commercial vehicle” means a vehicle used to transport passengers or property: (A) If the vehicle has a gross vehicle weight rating of greater than 26,000 pounds or a lesser rating as determined by federal regulation but not less than a gross vehicle weight rating of 10,001 pounds; (B) If the vehicle is designed to transport more than 15 passengers, including the driver; (C) If the vehicle is a locomotive or a streetcar; (D) If the vehicle is used to transport a material found to be hazardous by the Mayor in accordance with Chapter 14 of Title 8 [§ 8-1401 et seq.], or by the Secretary of Transportation in accordance with the Hazardous Materials Transportation Act, approved January 3, 1975 (88 Stat. 2156; 49 U.S.C. § 1801 et seq.); or (E) If the vehicle is a vehicle for hire. (5) “Court” means the Superior Court of the District of Columbia, except when used in the definition of “prior offense” when it shall also include courts of other jurisdictions. (6) “Drug” means any chemical substance that affects the processes of the mind or body, including but not limited to a controlled substance as defined in § 48-901.02(4), and any prescription or non-prescription medication. (6A) Electric mobility device” shall have the same meaning as provided in § 50-2201.01(6A). (7) “Highway” means any street, road, or public thoroughfare, or the entire width between the boundary lines of every publicly or privately maintained way, when any part thereof is open to the use of the public for purposes of vehicular or pedestrian travel. (8) “Impaired” means a person’s ability to operate or be in physical control of a vehicle is affected, due to consumption of alcohol or a drug or a combination thereof, in a way that can be perceived or noticed. (9) “Intoxicated” means: (A) Except as provided in subparagraph (B) of this paragraph, that: (i) An alcohol concentration at the time of testing of 0.08 grams or more per 100 milliliters of the person’s blood or per 210 liters of the person’s breath, or of 0.10 grams or more per 100 milliliters of the person’s urine; or (ii) Any measurable amount of alcohol in the person’s blood, urine, or breath if the person is under 21 years of age. (B) If operating or in physical control of a commercial vehicle, that: (i) An alcohol concentration at the time of testing of 0.04 grams or more per 100 milliliters of the person’s blood or per 210 liters of the person’s breath, or of 0.08 grams or more per 100 milliliters of the person’s urine; or (ii) Any measurable amount of alcohol in the person’s blood, urine, or breath if the person is under 21 years of age. (10) “Law enforcement officer” means a sworn member of the Metropolitan Police Department or a sworn member of any other police force operating in the District of Columbia. (11) “Mandatory-minimum term of incarceration” means a term of incarceration which shall be imposed and cannot be suspended by the court. The person shall not be released or granted probation, or granted suspension of sentence before serving the mandatory-minimum sentence. (12) “Mayor” means the Mayor of the District of Columbia or his or her designee. (13) “Measurable amount” means any amount of alcohol capable of being, but not required to be, measured. (14) “Minor” means a person under the age of 18 years. (15) “Motor vehicle” means all vehicles propelled by internal-combustion engines, electricity, or steam. The term “motor vehicle” shall not include traction engines, road rollers, vehicles propelled only upon rails or tracks, personal mobility devices, as defined by paragraph (16) of this section, or a battery-operated wheelchair when operated by a person with a disability. (16) “Personal mobility device” shall have the same meaning as provided in § 50-2201.01(13). (17) “Prior offense” means any guilty plea or verdict, including a finding of guilty in the case of a juvenile, for an offense under District law or a disposition in another jurisdiction for a substantially similar offense which occurred before the current offense regardless of when the arrest occurred. The term “prior offense” does not include an offense where the later of any term of incarceration, supervised release, parole, or probation ceased or expired more than 15 years before the arrest on the current offense. (18) “Specimen” means that quantity of a person’s blood, breath, or urine necessary to conduct chemical testing to determine alcohol or drug content. A single specimen may be comprised of multiple breaths into a breath test instrument if necessary to complete a valid breath test, or a single blood draw or single urine sample regardless of how many times the blood or urine sample is tested. (19) “This subchapter” includes all lawful regulations issued thereunder by the Council of the District of Columbia and all lawful rules issued thereunder by the Mayor of the District of Columbia or his designated agent. (20) “Traffic” includes not only motor vehicles but also all vehicles, pedestrians, and animals, of every description. (21) “Vehicle” includes any appliance moved over a highway on wheels or traction tread, including street cars, draft animals, and beasts of burden. (22) “Vehicle for hire” means: (A) Any motor vehicle operated in the District by a private concern or individual as an ambulance, funeral car, sightseeing vehicle, or for which the rate is fixed solely by the hour; (B) Any motor vehicle operated in the District by a private concern used for services including transportation paid for by a hotel, venue, or other third party; (C) Any motor vehicle used to provide transportation within the District between fixed termini or on a schedule, including vehicles operated by the Washington Metropolitan Area Transit Authority or other public authorities, not including rental cars; or (D) Any other vehicle that provides transportation for a fee not operated on a schedule or between fixed termini and operating in the District, including taxicabs, limousines, party buses, and pedicabs. (23) “Watercraft” means a boat, ship, or other craft used for water transportation, as well as water skis, an aquaplane, a sailboard, or a similar vessel.

Answer 211

No person shall operate or be in physical control of any vehicle in the District: (1) While the person is intoxicated; or (2) While the person is under the influence of alcohol or any drug or any combination thereof.

Answer 212

No person shall operate or be in physical control of any commercial vehicle in the District: (1) While the person is intoxicated; or (2) While the person is under the influence of alcohol or any drug or any combination thereof.

Answer 213

No person shall operate or be in physical control of any vehicle in the District while the person’s ability to operate or be in physical control of a vehicle is impaired by the consumption of alcohol or any drug or any combination thereof.

Answer 214

(a) If as a result of the operation or the physical control of a vehicle, or a watercraft, a person is tried in any court of competent jurisdiction within the District of Columbia for operating or being in physical control of a vehicle, or a watercraft, while under the influence of alcohol in violation of § 50-2206.11, § 50-2206.12, or § 50-2206.31, negligent homicide in violation of § 50-2203.01, or manslaughter committed in the operation of a vehicle in violation of § 22-2105, and in the course of the trial there is received, based upon chemical tests, evidence of alcohol in the defendant’s blood, breath, or urine, such evidence shall: (1) If the defendant’s alcohol concentration at the time of testing was less than 0.05 grams per 100 milliliters of blood or per 210 liters of breath or 0.06 grams or less per 100 milliliters of urine, establish a rebuttable presumption that the person was not, at the time, under the influence of alcohol. (2) If the defendant’s alcohol concentration at the time of testing was 0. 05 grams or more per 100 milliliters of blood or per 210 liters of breath or more than 0.06 grams of per 100 milliliters of urine, but less than 0.08 grams per 100 milliliters of blood or per 210 liters of breath or less than 0.10 grams per 100 milliliters of urine, constitute prima facie proof that the person was, at the time, under the influence of alcohol. (b) The rebuttable presumption contained in subsection (a)(1) of this section shall not apply if: (1) There is evidence that the person is impaired by a drug; (2) The defendant was operating or in physical control of a commercial vehicle; or (3) The defendant, at the time of arrest, was under the age of 21.

Answer 215

(a) Except as provided in subsection (a-1) of this section, the Mayor or his or her designated agent shall revoke the operator’s permit or the privilege to drive a motor vehicle in the District of Columbia, or revoke both such permit and privilege, of any person who is convicted or adjudicated a juvenile delinquent as a result of the commission in the District of any of the following offenses: (1) A violation of sections § 50-2206.11, § 50-2206.12, § 50-2206.14, or § 50-2206.16; (2) A homicide committed by means of a motor vehicle; (3) A violation of § 50-2201.05c or § 50-2201.05d; (4) Aggravated reckless driving; (5) Operating or being in physical control of a vehicle while intoxicated or impaired by the consumption of alcohol or a drug or any combination thereof where such operation or physical control leads to bodily injury; or (6) Any felony in the commission of which a motor vehicle is involved. (a-1) (1) Notwithstanding subsection (a) of this section, and except as provided in §§ 50-2206.13(d-1) and 50-2206.15(c-1) and paragraph (2) of this subsection, the Mayor shall restrict the operator’s permit of a person who has an operator’s permit issued by the District who is convicted or adjudicated a juvenile delinquent as a result of a violation of § 50-2206.11, § 50-2206.12, or § 50-2206.14, and such person shall enroll in the Ignition Interlock System Program, pursuant to § 50-2201.05a. (2) If a person who has an operator’s permit issued by the District is convicted or adjudicated a juvenile delinquent as a result of the commission of a violation of § 50-2206.11, § 50-2206.12, or § 50-2206.14 and an offense listed in subsection (a)(2) through (6) of this section, the Mayor shall revoke the person’s operator’s permit and such person shall not enroll in the Ignition Interlock System Program established by § 50-2201.05a. (b) Whenever a judgment of conviction of any offense set forth in subsection (a) of this section has become final, the clerk of the court in which the judgment was entered shall certify such conviction to the Mayor or his or her designated agent, who shall thereupon take the action required by subsection (a) of this section. A judgment of conviction shall be deemed to have become final for the purposes of this subsection if: (1) No appeal is taken from the judgment, upon the expiration of the time within which an appeal could have been taken; or (2) An appeal is taken from the judgment, the date upon which the judgment, having been sustained, can no longer be appealed from or reviewed on a writ of certiorari.

Answer 216

(a) (1) Except as provided in subsection (b) of this section, no motor vehicle, other than a mini-van, may be operated or parked upon the public streets or spaces of the District of Columbia with: (A) A front windshield or front side windows that allow less than 70% light transmittance; or (B) A rear windshield or rear side windows that allow less than 50% light transmittance. (2) Except as provided in subsection (b) of this section, no mini-van may be operated or parked upon the public streets or spaces of the District of Columbia with: (A) A front windshield or front side windows that allow less than 55% light transmittance, or (B) A rear windshield or rear side windows that allow less than 35% light transmittance. (b) A motor vehicle may be operated or parked upon the public streets of the District of Columbia with a front windshield that allows less than 70% light transmittance above the AS-1 line, or within 5 inches from the top of the windshield. (c) Any person who operates or parks a motor vehicle in violation of subsection (a) of this section shall be issued a $50 citation. (d) (1) Except as provided by subsection (f) of this section, any motor vehicle found to violate subsection (a) of this section shall be required to be inspected at an official District Inspection Station within 5 business days after the finding. (2) If the motor vehicle is not brought into compliance with subsection (a) of this section by the end of the 5-day period, the owner of the vehicle shall be fined not more than $1,000. (e) (1) Except as provided by subsection (f) of this section, any motor vehicle found to violate subsection (a) of this section on a second or subsequent occasion shall be required to be inspected at an official District Inspection Station within 5 business days after the second or subsequent finding. (2) If the motor vehicle is not brought into compliance with subsection (a) of this section by the end of the 5-day period, the owner of the vehicle may be fined not more than $5,000. (f) Any police officer or other authorized government agent of the District may order the immediate removal of a motor vehicle from the public streets to an official District Inspection Station if the police officer or other authorized government agent determines that the health and safety of the public is at risk due to window tinting in violation of subsection (a) of this section. (g) No person shall install window tinting on a motor vehicle which is not exempt pursuant to subsection (h) of this section, in the District of Columbia which would cause the motor vehicle to violate subsection (a) of this section if the vehicle were operated or parked on the public streets of the District of Columbia. (h) This section shall not apply to: (1) Limousines, ambulances, buses, and hearses meeting the requirements of 18 DCMR § 413.10; (2) Church owned vehicles; (3) All official government vehicles; (4) Vehicles with tinted windows installed by the manufacturer prior to purchase; or (5) Vehicles exempted by the Director of the Department of Motor Vehicles because the owner of the vehicle has a medical condition requiring windows which allows less light than permitted pursuant to subsection (a) of this section. (i) Nothing in this subchapter shall be construed to modify or affect any federal law concerning the window tinting of motor vehicles that is applicable to manufacturers, importers, dealers, or motor vehicle repair businesses for new or used motor vehicles and equipment. (j) The Director of the Department of Motor Vehicles is authorized to promulgate rules to implement the provisions this section and to amend existing provisions of Title 18 of the District of Columbia Municipal Regulations to conform to its requirements. Rules promulgated or amended pursuant to this section shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, holidays, and days of Council recess. (k) Notice of an infraction issued pursuant to subsections (d)(2) or (e)(2) of this section shall be mailed by U.S. mail to the owner’s last known address in the Department of Motor Vehicles’ records. (l) Violations of subsections (d)(2) and (e)(2) of this section shall be adjudicated as moving violations. (m) Answers to notices sent pursuant to subsection (k) of this section shall be in accordance with § 50-2302.05(a), (b), (c), and (e)), and subsection (n) of this section. (n) (1) A person to whom a notice of infraction has been issued shall answer within 30 calendar days of the date the notice was mailed or within a greater period of time as prescribed by the Director by regulation. (2) If a person fails to answer the notice within the 30-day period or within the period of time prescribed by the Director, the person’s registration certificate shall be suspended. The notice of the suspension shall be mailed by U.S. mail to the person’s address on the Department’s records. Suspension shall take effect 15 days after the date the notice of suspension was mailed. (3) The possession by the Department of a copy of the notice of suspension addressed to a person or a copy of the certificate or affidavit provided for in 18 DCMR § 307.7 shall establish a rebuttable presumption that the notice of suspension was received by the person by the date the suspension became effective. (4) A suspension resulting from a failure to answer shall remain in effect until the person answers the notice, except that once the offense is deemed admitted the suspension may be lifted only by payment of the fine for the offense and any additional penalties imposed pursuant to § 50-2301.05, for failure to answer within the time required by paragraph (1) of this subsection. (o) The Director shall reject any vehicles appearing for inspection pursuant to Chapter 11 of this title whose window tint violates subsections (a) or (b) of this section. (p) No points shall be assessed for any violation of this section.

Answer 217

(a) The District government, or any towing company at the direction of the Department shall remove an abandoned or dangerous vehicle parked, left, or stored on public space in violation of § 50-2421.03(1), as follows: (1) An abandoned vehicle shall be removed 48 hours after a warning notice has been conspicuously placed on the vehicle. The warning notice shall be placed at the first sighting of a vehicle that meets the physical characteristics of an abandoned vehicle. The warning notice shall indicate the date and time it was placed and the date and time that the District is authorized to remove, impound, or dispose of the vehicle if the vehicle is not moved. The notice shall also include a statement indicating the vehicle will not be towed if the owner or other authorized person certifies to the Department that the vehicle is undergoing emergency repair. The notice shall provide a telephone number, and website if any, that will inform the owner how to accomplish the certification. (2) A dangerous vehicle shall be immediately removed without the placement of a warning notice. (b) If more than one basis exists for removing a vehicle, whether stated in this subchapter or in any other law or regulation, the shortest removal period shall apply, including removal without a warning notice. (c) No vehicle shall be removed from public space pursuant to this section until a notice of infraction is conspicuously placed on the vehicle. (d) Except as provided in this section, it shall be unlawful for any person, except the owner, a person authorized by the owner in writing, an employee of the District government in connection with the performance of official duties, or a tow crane operator who has valid authorization from the District government, to do any of the following: (1) Tamper with, remove, or attempt to tamper with or remove any vehicle owned by another person; (2) Tamper with, remove, or attempt to tamper with or remove any vehicle that is on public space and to which a District government warning notice that relates to the removal of the vehicle has been affixed; or (3) Remove, mutilate, or attempt to remove or mutilate the warning notice. (e) Any person violating the provisions of subsection (d) of this section, shall be subject to a civil fine of not more than $500.

Answer 218

The District government or any towing company at the direction of the Department shall remove a motor vehicle parked, left, or stored, on private property in violation of § 50-2421.03(2) or (3), as follows: (1) A vehicle parked, left, or stored without the consent of the property owner shall be removed immediately after a notice of infraction is issued and conspicuously placed on the vehicle. (2) A dangerous vehicle shall be removed, with or without the consent of the property owner, immediately after a notice of infraction is issued and conspicuously placed on the vehicle. (3) (A) An abandoned vehicle shall be removed, with or without the consent of the property owner, 45 days after a warning notice has been mailed by first class mail to the last known address of the property owner, as indicated on the records of the Office of Tax and Revenue. For the purposes of this subsection, notice may run concurrently with the period of time required to establish that the vehicle is abandoned, as defined in § 50-2421.02. (B) The warning notice shall, at a minimum, indicate the make and model of the vehicle, the date that the vehicle was observed on the property, and the date that the District is authorized to remove, impound, or dispose of the vehicle if the vehicle remains unenclosed on the property. (C) The warning notice shall be mailed after the first sighting of a vehicle that meets the physical characteristics of an abandoned vehicle. A notice of infraction shall be conspicuously placed on the vehicle prior to its removal. The notice shall also include a telephone number, and website if any, that will inform the owner how to contact the Department to certify that the vehicle is not abandoned.

DC Code Flashcards

(242 cards)