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Estatutos Estatales Seleccionados: Distrito de Columbia

Estatutos Seleccionados: District of Columbia

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Estatutos Seleccionados: District of Columbia

Actualizada: 
13 de julio de 2021

Las leyes que se encuentran a continuación son actualizadas hasta el 15 de mayo de 2021. En este momento no hay una versión oficial de las leyes del Distrito de Columbia en español, pero puede encontrar estos y otros estatutos en inglés aquí.

Division I. Government of District.

Actualizada: 
13 de julio de 2021

Title 2. Government Administration.

Actualizada: 
13 de julio de 2021

Chapter 14. Human Rights.

Actualizada: 
13 de julio de 2021

Unit A. Human Rights Law.

Actualizada: 
13 de julio de 2021

Subchapter II. Prohibited Acts of Discrimination.

Actualizada: 
13 de julio de 2021

Part C. Housing and Commercial Space.

Actualizada: 
13 de julio de 2021

§ 2-1402.21 Prohibitions.

Actualizada: 
13 de julio de 2021

(a) General. – It shall be an unlawful discriminatory practice to do any of the following acts, wholly or partially for a discriminatory reason based on the actual or perceived: race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, familial status, family responsibilities, disability, matriculation, political affiliation, source of income, status as a victim of an intrafamily offense, or place of residence or business of any individual:

(1) To interrupt or terminate, or refuse or fail to initiate or conduct any transaction in real property; or to require different terms for such transaction; or to represent falsely that an interest in real property is not available for transaction;

(2) To include in the terms or conditions of a transaction in real property, any clause, condition or restriction;

(3) To appraise a property, refuse to lend money, guarantee a loan, purchase a loan, accept residential real property as security for a loan, accept a deed of trust or mortgage, or otherwise refuse to make funds available for the purchase, acquisition, construction, alteration, rehabilitation, repair or maintenance of real property; or impose different conditions on such financing; or refuse to provide title or other insurance relating to the ownership or use of any interest in real property;

(4) To refuse or restrict facilities, services, repairs or improvements for a tenant or lessee;

(5) To make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to a transaction, or proposed transaction, in real property, or financing relating thereto, which notice, statement, or advertisement unlawfully indicates or attempts unlawfully to indicate any preference, limitation, or discrimination based on race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, familial status, family responsibilities, disability, matriculation, political affiliation, source of income, or place of residence or business, of any individual;

(6) To discriminate in any financial transaction involving real property, on account of the location of residence or business (i.e. to “red-line”); or

(7) To limit access to, or membership or participation in any multiple-listing service, real estate brokers’ organization or other service, organization, or facility relating to the business of selling or renting residential real estate, or to discriminate against any person in terms or conditions of access, membership or participation in any organization, service or facility.

(b) Subterfuge. – It shall further be an unlawful discriminatory practice to do any of the above said acts for any reason that would not have been asserted but for, wholly or partially, a discriminatory reason based on the actual or perceived: race, color, religion, national origin, sex, sexual orientation, gender identity or expression, familial status, family responsibilities, disability, matriculation, political affiliation, source of income, status as victim of an intrafamily offense, or place of residence or business of any individual.

(c) Families with children. – (1) It shall be an unlawful discriminatory practice to do any of the acts prohibited in subsections (a) and (b) of this section wholly or partially based on the fact that a person has one or more children who reside with that person.

(2) There shall be a rebuttable presumption that an unlawful discriminatory practice has occurred if the person alleging discrimination has 1 or more children who reside with that person and any of the acts prohibited by subsections (a) and (b) of this section are done to maintain residential occupancies more restrictive than the following:

(A) In an efficiency apartment, 2 persons; or

(B) In an apartment with one or more bedrooms, 2 times the number of bedrooms plus one.

(3) Nothing contained in this chapter limits the applicability of any District or federal restriction regarding the maximum number of occupants permitted to occupy a dwelling. Nothing in this chapter regarding familial status applies to housing for older persons.

(4) For the purposes of this subsection “housing for older persons” means a premises which:

(A) The U.S. Department of Housing and Urban Development determines pursuant to a federal program, is specifically designed and operated to assist older persons;

(B) Is intended for, and solely occupied by persons 62 years of age or older; or

(C) Is intended and operated for occupancy by persons 55 years of age or older, provided that at least 80% of the occupied units are occupied by at least one person who is 55 years of age or older, and the housing facility or community publishes and adheres to policies and procedures that demonstrate the intent required pursuant to this paragraph, and complies with rules issued by the Secretary of the U.S. Department of Housing and Urban Development for verification of occupancy.

(d) Disability. – (1) It shall be an unlawful discriminatory practice in the sale or rental of real estate to deny a dwelling to a buyer or renter or to otherwise make a dwelling unavailable to a buyer or renter because of a disability of:

(A) That buyer or renter; or

(B) Any person residing in or intending to reside in that dwelling after it is sold, rented or made available; or any person associated with that buyer or renter.

(2) It shall be unlawful to discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling or in the provision of services or facilities in connection with the dwelling because of a disability of:

(A) That buyer or renter; or

(B) Any person residing in or intending to reside in that dwelling after it is sold, rented or made available; or any person associated with that buyer or renter.

(3) For purposes of this subsection, “unlawful discrimination” includes:

(A) A refusal to permit, at the expense of the person with the disability, reasonable modifications of existing premises occupied or to be occupied by the person if the modification may be necessary to afford the person full enjoyment of the premises of a dwelling. A landlord, where it is reasonable, may condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted;

(B) A refusal to make reasonable accommodations in rules, policies, practices, or services, when these accommodations may be necessary to afford any person equal opportunity to use and enjoy a dwelling;

(C) In connection with the design and construction of covered multifamily dwellings for first occupancy after April 20, 1999, a failure to design and construct these dwellings in a manner that:

(i) The public and common use portions of the dwellings are readily accessible to and usable by persons with disabilities; and

(ii) Doors designed to allow passage into and within all premises within the dwellings are sufficiently wide to allow passage by persons with wheelchairs;

(D) All premises within the dwellings shall contain the following features of adaptive design:

(i) An accessible route into and through the dwelling;

(ii) Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations;

(iii) Reinforcements in bathroom walls to allow later installations of grab bars;

(iv) Usable kitchens and bathrooms so that an individual in a wheelchair can maneuver about the space; and

(v) The premises within the dwellings shall have at least 1 building entrance on an accessible route unless it is impracticable because of the terrain or unusual characteristics of the site.

(4) Compliance with the appropriate requirements of the American National Standard for buildings and facilities providing accessibility and usability for persons with disabilities suffices to satisfy the requirements of paragraph (3) of this subsection.

(5) Nothing in this subsection requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others.

(e) The monetary assistance provided to an owner of a housing accommodation under section 8 of the United States Housing Act of 1937, approved August 22, 1974 (88 Stat. 662; 42 U.S.C. § 1437f), either directly or through a tenant, shall be considered a source of income under this section.

(f) Victims of intrafamily offenses –

(1) For purposes of this subsection, the term “record” means documentation produced by a law enforcement officer, as defined in § 4-1301.02(14), or a court order pursuant to § 16-1005.

(2) It shall be an unlawful discriminatory practice to do any of the acts prohibited in subsections (a) and (b) of this section wholly or partially based on the fact that a person residing, or intending to reside, in the dwelling is, has a record of being, a victim of an intrafamily offense, as defined in § 16-1001(8).

(3) It shall be an unlawful discriminatory practice to do any of the following additional acts, for purposes of this subsection, wholly or partially based on the fact that a person residing, or intending to reside, in the dwelling is, or has a record of being, a victim of an intrafamily offense, as defined in § 16-1001(8):

(A) Refusing to make a reasonable accommodation in restoring or improving security and safety measures beyond the housing provider’s duty of ordinary care and diligence, the costs of which the housing provide may charge to the tenant, when an accommodation is necessary to ensure the person’s security and safety;

(B) Refusing to permit a person to terminate the lease of the premises early, without penalty, upon notice to the landlord and upon a showing that the person is a victim of an intrafamily offense, pursuant to § 42-3505.07;

(C)(i) Barring or limiting the right of a person to call for police or emergency assistance, which right, for purposes of this subsection, shall not be waivable; or

(ii) Imposing any penalty for calling police or emergency assistance.

Title 7. Human Health Care and Safety.

Actualizada: 
13 de julio de 2021

Subtitle J. Public Safety.

Actualizada: 
13 de julio de 2021

Chapter 25. Firearms Control.

Actualizada: 
13 de julio de 2021

Unit A. Firearms Control Regulations.

Actualizada: 
13 de julio de 2021

Subchapter II. Firearms and Destructive Devices.

Actualizada: 
13 de julio de 2021

§ 7-2502.03. Qualifications for registration; information required for registration.

Actualizada: 
13 de julio de 2021

(a) No registration certificate shall be issued to any person (and in the case of a person between the ages of 18 and 21, to the person and the person’s signatory parent or guardian) or organization unless the Chief determines that such person (or the president or chief executive in the case of an organization):

(1) Is 21 years of age or older; provided, that the Chief may issue to an applicant between the ages of 18 and 21 years old, and who is otherwise qualified, a registration certificate if the application is accompanied by a notarized statement of the applicant’s parent or guardian:

(A) That the applicant has the permission of the applicant’s parent or guardian to own and use the firearm to be registered; and

(B) The parent or guardian assumes civil liability for all damages resulting from the actions of such applicant in the use of the firearm to be registered; provided further, that such registration certificate shall expire on such person’s 21st birthday;

(2) Has not been convicted of a weapons offense (but not an infraction or misdemeanor violation under § 7-2502.08, § 7-2507.02, § 7-2507.06, or § 7-2508.07) or a felony in this or any other jurisdiction (including a crime punishable by imprisonment for a term exceeding one year);

(3) Is not under indictment for a crime of violence or a weapons offense;

(4) Has not been convicted within 5 years prior to the application of any:

(A) Violation in any jurisdiction of any law restricting the use, possession, or sale of any narcotic or dangerous drug;

(B) A violation of § 22-404, regarding assaults and threats, or § 22-407, regarding threats to do bodily harm, or a violation of any similar provision of the law of another jurisdiction;

(C) Two or more violations of § 50-2201.05(b), or, in this or any other jurisdiction, any law restricting driving under the influence of alcohol or drugs;

(D) Intrafamily offense punishable as a misdemeanor, including any similar provision in the law of another jurisdiction;

(E) Misdemeanor violation pursuant to § 7-2507.02 or § 7-2507.06;

(F) Violation of § 22-3133; or

(G) Violation of an extreme risk protection order pursuant to § 7-2510.11;

(5) Within the 5-year period immediately preceding the application, has not been acquitted of any criminal charge by reason of insanity or has not been adjudicated a chronic alcoholic by any court; provided, that this paragraph shall not apply if such person shall present to the Chief, with the application, a medical certification indicating that the applicant has recovered from such insanity or alcoholic condition and is capable of safe and responsible possession of a firearm;

(6)(A) Within the 5-year period immediately preceding the application, has not been:

(1) Voluntarily admitted to a mental health facility;

(2) Involuntarily committed to a mental health facility by the Superior Court of the District of Columbia, another court of competent jurisdiction, the Commission on Mental Health, or a similar commission in another jurisdiction;

(3) Determined by the Superior Court of the District of Columbia or another court of competent jurisdiction to be an incapacitated individual, as that term is defined in § 21-2011(11);

(4) Adjudicated as a mental defective, as that term is defined in 27 C.F.R. § 478.11; or

(5) Committed to a mental institution, as that term is defined in 27 C.F.R. § 478.11;

(B) Subparagraph (A) of this paragraph shall not apply if the court has granted the applicant relief pursuant to subsection (f) of this section, unless the applicant, since the court granted the applicant relief pursuant to subsection (f) of this section, is again disqualified under subparagraph (A) of this paragraph.

(6A) Within the 5 years immediately preceding the application, has not had a history of violent behavior.

(7) Does not appear to suffer from a physical defect which would tend to indicate that the applicant would not be able to possess and use a firearm safely and responsibly;

(8) Has not been adjudicated negligent in a firearm mishap causing death or serious injury to another human being;

(9) Is not otherwise ineligible to possess a firearm under § 22-4503;

(10) Has not failed to demonstrate satisfactorily, in accordance with a test prescribed by the Chief, a knowledge of the laws of the District of Columbia pertaining to firearms and, in particular, the requirements of this unit, the responsibilities regarding storage, and the requirements for transport; provided, that once this determination is made with respect to a given applicant for a particular firearm, it need not be made again for the same applicant with respect to a subsequent application for a firearm or for the renewal of a registration certificate pursuant to § 7-2502.07a;

(11) Is not blind, as defined in § 7-1009(1);

(12)(A) Has not been the respondent in an intrafamily proceeding in which a civil protection order was issued against the applicant pursuant to § 16-1005; provided, that an applicant who has been the subject of such an order shall be eligible for registration if the applicant has submitted to the Chief a certified court record establishing that the order has expired or has been rescinded for a period of 5 years or more; or

(B) Has not been the respondent in a proceeding in which a foreign protection order, as that term is defined in § 16-1041, was issued against the applicant; provided, that an applicant who has been the subject of such an order shall be eligible for registration if the applicant has submitted to the Chief a certified court record establishing that the order has expired or has been rescinded for a period of 5 years;

(13)(A) Has completed a firearms training and safety class provided free of charge by the Chief; or

(B) Has submitted evidence of any of the following:

(i) That the applicant has received firearms training in the United States military;

(ii) A license from another state for which firearms training is required, where the training, as determined by the Chief, is equal to or greater than that provided under subparagraph (A) of this paragraph; or

(iii) That the applicant has otherwise completed a firearms training or safety course conducted by a firearms instructor that, as determined by the Chief, is equal to or greater than that conducted under subparagraph (A) of this paragraph;

(14) Has not been prohibited from possessing or registering a firearm pursuant to § 7-2502.08; and

(15) Is not the subject of an ex parte extreme risk protection order issued pursuant to § 7-2510.04 or a final extreme risk protection order issued pursuant to § 7-2510.03 or renewed pursuant to § 7-2510.06.

(b) Every person applying for a registration certificate shall provide on a form prescribed by the Chief:

(1) The full name or any other name by which the applicant is known;

(2) The present address and each home address where the applicant has resided during the 5-year period immediately preceding the application;

(3) The present business or occupation of the applicant and the address and phone number of the employer;

(4) The date and place of birth of the applicant;

(5) The sex of the applicant;

(6) Whether (and if so, the reasons) the District, the United States or the government of any state or subdivision of any state has denied or revoked the applicant’s license, registration certificate, or permit pertaining to any firearm;

(7) A description of the applicant’s role in any mishap involving a firearm, including the date, place, time, circumstances, and the names of the persons injured or killed;

(8) Repealed.

(9) The caliber, make, model, manufacturer’s identification number, serial number, and any other identifying marks on the firearm;

(10) The name and address of the person or organization from whom the firearm was obtained, and in the case of a dealer, his dealer’s license number;

(11) Where the firearm will generally be kept;

(12) Whether the applicant has applied for other registration certificates issued and outstanding;

(13) Such other information as the Chief determines is necessary to carry out the provisions of this unit.

(c) Every organization applying for a registration certificate shall:

(1) With respect to the president or chief executive of such organization, comply with the requirements of subsection (b) of this section; and

(2) Provide such other information as the Chief determines is necessary to carry out the provisions of this unit.

(d) Repealed.

(e) The Chief shall register no more than one pistol per registrant during any 30-day period; provided, that the Chief may permit a person first becoming a District resident to register more than one pistol if those pistols were lawfully owned in another jurisdiction for a period of 6 months prior to the date of the application.

(f)(1) A person disqualified under subsection (a)(6)(A) of this section, or 18 U.S.C. § 922(g)(4) as a result of a commitment or adjudication that occurred in the District, may petition the Superior Court for the District of Columbia for relief from disqualification.

(2) A petition filed pursuant to paragraph (1) of this subsection shall:

(A) Be in writing;

(B) State the reason the petitioner was disqualified;

(C) State facts in support of the petitioner’s claim that the petitioner should no longer be disqualified;

(D) Include a statement, on a form approved by the court, signed by a licensed physician, psychiatrist, or qualified psychologist within the 30-day period immediately preceding the filing of the petition for relief, stating:

(i) The symptoms or behaviors for which the petitioner has been disqualified;

(ii) The length of time that the petitioner has no longer experienced those symptoms or behaviors;

(iii) The length of time that the petitioner has been compliant with any applicable treatment plans related to the reason the petitioner was disqualified; and

(iv) That, in the physician, psychiatrist, or psychologist’s opinion, the petitioner would not be likely to act in a manner dangerous to public safety if allowed to register a firearm;

(E) Be accompanied by any appropriate exhibits, affidavits, or supporting documents, including records of any guardianship, conservatorship, or commitment proceeding related to the petitioner’s disqualification;

(F) Include 2 statements from individuals who are not related to the petitioner by blood, adoption, guardianship, marriage, domestic partnership, having a child in common, cohabitating, or maintaining a romantic, dating, or sexual relationship and have known the petitioner for at least 3 years. The individuals’ statements shall:

(i) Be on a form approved by the court, and signed by the individual within the 30-day period immediately preceding the filing of the petition for relief;

(ii) Describe the petitioner’s reputation and character; and

(iii) State that, in the individual’s opinion, the petitioner would not be likely to act in a manner dangerous to public safety if allowed to register a firearm; and

(G) Be served upon the Office of the Attorney General.

(3)(A)(i) Upon receipt of a petition filed under paragraph (1) of this subsection, 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 the Office of the Attorney General can conduct a search of the petitioner’s mental health records and report its findings to the court as required by subparagraph (B) of this paragraph.

(ii) The court shall order the Office of the Attorney General to file a response to the petition. Within 60 days after the court’s order for a response, the Office of the Attorney General shall file a response indicating whether the Office of the Attorney General supports or opposes the petition.

(iii) The court may, for good cause shown, extend in 30-day increments the date by which the Office of Attorney General must file its response under sub-subparagraph (ii) of this subparagraph.

(B) The Office of Attorney General shall:

(i) Conduct a reasonable search of all available records of the petitioner’s mental health;

(ii) Perform a national criminal history and firearms eligibility background check on the petitioner; and

(iii) Include its findings under this subparagraph in its response to the court.

(C) The Metropolitan Police Department shall, upon request, provide to the Office of Attorney General any records related to the petitioner it has in its possession or could obtain after conducting a reasonable search.

(4)(A) The court shall hold a hearing on a petition filed under paragraph (1) of this subsection within 60 days after the date on which the Office of Attorney General files its response.

(B) In determining whether to grant a petition filed pursuant to paragraph (1) of this subsection, the court shall consider all relevant evidence, including:

(i) The reason the petitioner was disqualified;

(ii) The petitioner’s mental health and criminal history records; and

(iii) Evidence of the petitioner’s reputation.

(5) The court shall grant a petition filed pursuant to paragraph (1) of this subsection if the petitioner establishes, by a preponderance of the evidence, that:

(A) The petitioner would not be likely to act in a manner dangerous to public safety; and

(B) Granting the relief would not be contrary to the public interest.

(6) If the court grants a petition for relief pursuant to paragraph (5) of this subsection, the court shall issue an order that:

(A) States the petitioner is no longer disqualified under subsection (a)(6)(A) of this section;

(B) Orders the Clerk of the Court to submit a copy of the order to the Metropolitan Police Department, the Office of the Attorney General, and any other relevant law enforcement, pretrial, corrections, or community supervision agency; and

(C) Requires that the petitioner’s record be updated in the National Instant Criminal Background Check System and any other system used to determine firearm registration eligibility to reflect that the petitioner is no longer disqualified.

(7) If the court denies a petition for relief, the court shall state the reasons for its denial in writing.

(8) An order granting or denying a petition filed under paragraph (1) of this subsection shall be a final order for the purposes of appeal.

Subchapter X. Extreme Risk Protection Orders.

Actualizada: 
13 de julio de 2021

§ 7-2510.01. Definitions.

Actualizada: 
13 de julio de 2021

For the purposes of this subchapter, the term:

(1) “Extreme risk protection order” means an order issued, pursuant to this subchapter, by a judge of the Superior Court of the District of Columbia prohibiting a respondent from having possession or control of, purchasing, or receiving any firearm, ammunition, registration certificate, license to carry a concealed pistol, or dealer’s license.

(2) “Petitioner” means a person who petitions the Superior Court of the District of Columbia for an extreme risk protection order under this subchapter and is:

(A) Related to the respondent by blood, adoption, guardianship, marriage, domestic partnership, having a child in common, cohabitating, or maintaining a romantic, dating, or sexual relationship;

(B) A sworn member of the Metropolitan Police Department; or

(C) A mental health professional, as that term is defined in § 7-1201.01(11).

(3) “Respondent” means a person against whom an extreme risk protection order is sought.

§ 7-2510.02. Petitions for extreme risk protection orders.

Actualizada: 
13 de julio de 2021

(a) A petitioner may petition the Superior Court for the District of Columbia for a final extreme risk protection order. A petition filed under this section shall:

(1) Be in writing;

(2) State facts in support of the claim that the respondent poses a significant danger of causing bodily injury to self or others by having possession or control of, purchasing, or receiving any firearm or ammunition;

(3) To the best of the petitioner’s knowledge, identify the number, types, and locations of any firearms or ammunition the petitioner believes to be in the respondent’s possession, control, or ownership; and

(4) Repealed.

(5) Be served on the Office of the Attorney General.

(b) A petitioner may file a petition under this section regardless of whether there is any other pending suit, complaint, petition, or other action between the parties.

(c)(1) The Office of the Attorney General may:

(A) Intervene in the case and represent the interests of the District of Columbia; or

(B) At the request of the petitioner, provide individual legal representation to the petitioner in proceedings under this subchapter.

(2) If the Office of the Attorney General intervenes in a case under paragraph (1)(A) of this subsection, the intervention shall continue until:

(A) The court denies the petition for a final extreme risk protection order pursuant to § 7-2510.03;

(B) The court terminates a final extreme risk protection order pursuant to § 7-2510.08; or

(C) The Office of the Attorney General withdraws from the intervention.

(d) The court may place any record or part of a proceeding related to the issuance, renewal, or termination of an extreme risk protection order under seal for good cause shown.

(e) When computing a time period specified in this subchapter, or in an order issued under this subchapter:

(1) Stated in days or a longer unit of time:

(A) Exclude the day of the event that triggers the time period;

(B) Count every day, including intermediate Saturdays, Sundays and legal holidays; and

(C) Include the last day of the time period, but if the last day of the time period specified falls on a Saturday, Sunday, a legal holiday, or a day on which weather or other conditions cause the court to be closed, the time period specified shall continue to run until the end of the next day that is not a Saturday, Sunday, legal holiday, or a day on which weather or other conditions cause the court to be closed.

(2) Stated in hours:

(A) Begin counting immediately on the occurrence of the event that triggers the time period;

(B) Count every hour, including hours during intermediate Saturdays, Sundays, and legal holidays; and

(C) If the time period would end on a Saturday, Sunday, legal holiday, or a day on which weather or other conditions cause the court to be closed, the time period shall continue to run until the same time on the next day that is not a Saturday, Sunday, legal holiday, or a day on which weather or other conditions cause the court to be closed.

§ 7-2510.03. Final extreme risk protection orders.

Actualizada: 
13 de julio de 2021

(a) When filing a petition for a final extreme risk protection order, a petitioner may also request that an ex parte extreme risk protection order be issued without notice to the respondent.

(b) The court may hold a hearing on any request for an ex parte extreme risk protection order filed under this section.

(c) In determining whether to issue an ex parte extreme risk protection order pursuant to this section, the court shall consider any exhibits, affidavits, supporting documents, and all other relevant evidence, including:

(1) Any history or pattern of threats of violence, or acts of violence, by the respondent directed toward themselves or others;

(2) Any recent threats of violence, or acts of violence, by the respondent directed toward themselves or others;

(3) The respondent’s acquisition of any firearms, ammunition, or other deadly or dangerous weapons within one year before the filing of the petition;

(4) The unlawful or reckless use, display, or brandishing of a firearm or other weapon by the respondent;

(5) Respondent’s criminal history;

(6) Respondent’s violation of a court order;

(7) Evidence of the respondent experiencing a mental health crisis, or other dangerous mental health issues; and

(8) Respondent’s use of a controlled substance, as that term is defined in § 48-901.02.

(d) The court may grant a request under this section based solely on an affidavit or sworn testimony of the petitioner.

(e) The court shall issue an ex parte extreme risk protection order if the petitioner establishes that there is probable cause to believe that the respondent poses a significant danger of causing bodily injury to self or others by having possession or control of, purchasing, or receiving any firearm or ammunition.

(f) If the petitioner requests that the court issue an ex parte extreme risk protection order pursuant to this section, the court shall grant or deny the request on the same day that the request was made, unless the request is filed too late in the day to permit effective review, in which case the court shall grant or deny the request the next day the court is open.

(g) An ex parte extreme risk protection order shall state:

(1) That the respondent is prohibited from having possession or control of, purchasing, or receiving any firearm, ammunition, registration certificate, license to carry a concealed pistol, or dealer’s license while the order is in effect;

(2) The date and time the order was issued;

(3) The date and time the order will expire;

(4) The grounds upon which the order was issued;

(5) The time and place of the hearing to determine whether to issue a final extreme risk protection order;

(6) That following the hearing, the court may issue a final extreme risk protection order that will be in effect for up to one year;

(7) The procedures for the surrender of firearms, ammunition, registration certificates, licenses to carry a concealed pistol, or dealer’s licenses in the respondent’s possession, control, or ownership pursuant to § 7-2510.07; and

(8) That the respondent may seek the advice of an attorney as to any matter connected with this subchapter, and that the attorney should be consulted promptly so that the attorney may assist the respondent in any matter connected with the ex parte extreme risk protection order.

(h) An ex parte extreme risk protection order issued pursuant to this section shall remain in effect for an initial period not to exceed 14 days. The court may extend an ex parte extreme risk protection order in additional 14-day increments for good cause shown.

(i) The court shall terminate an ex parte extreme risk protection order in effect against the respondent at the time the court grants or denies the petition for a final extreme risk protection order.

§ 7-2510.04. Ex parte extreme risk protection orders.

Actualizada: 
13 de julio de 2021

(a) When filing a petition for a final extreme risk protection order, a petitioner may also request that an ex parte extreme risk protection order be issued without notice to the respondent.

(b) The court may hold a hearing on any request for an ex parte extreme risk protection order filed under this section.

(c) In determining whether to issue an ex parte extreme risk protection order pursuant to this section, the court shall consider any exhibits, affidavits, supporting documents, and all other relevant evidence, including:

(1) Any history or pattern of threats of violence, or acts of violence, by the respondent directed toward themselves or others;

(2) Any recent threats of violence, or acts of violence, by the respondent directed toward themselves or others;

(3) The respondent’s acquisition of any firearms, ammunition, or other deadly or dangerous weapons within one year before the filing of the petition;

(4) The unlawful or reckless use, display, or brandishing of a firearm or other weapon by the respondent;

(5) Respondent’s criminal history;

(6) Respondent’s violation of a court order;

(7) Evidence of the respondent experiencing a mental health crisis, or other dangerous mental health issues; and

(8) Respondent’s use of a controlled substance, as that term is defined in § 48-901.02.

(d) The court may grant a request under this section based solely on an affidavit or sworn testimony of the petitioner.

(e) The court shall issue an ex parte extreme risk protection order if the petitioner establishes that there is probable cause to believe that the respondent poses a significant danger of causing bodily injury to self or others by having possession or control of, purchasing, or receiving any firearm or ammunition.

(f) If the petitioner requests that the court issue an ex parte extreme risk protection order pursuant to this section, the court shall grant or deny the request on the same day that the request was made, unless the request is filed too late in the day to permit effective review, in which case the court shall grant or deny the request the next day the court is open.

(g) An ex parte extreme risk protection order shall state:

(1) That the respondent is prohibited from having possession or control of, purchasing, or receiving any firearm, ammunition, registration certificate, license to carry a concealed pistol, or dealer’s license while the order is in effect;

(2) The date and time the order was issued;

(3) The date and time the order will expire;

(4) The grounds upon which the order was issued;

(5) The time and place of the hearing to determine whether to issue a final extreme risk protection order;

(6) That following the hearing, the court may issue a final extreme risk protection order that will be in effect for up to one year;

(7) The procedures for the surrender of firearms, ammunition, registration certificates, licenses to carry a concealed pistol, or dealer’s licenses in the respondent’s possession, control, or ownership pursuant to § 7-2510.07; and

(8) That the respondent may seek the advice of an attorney as to any matter connected with this subchapter, and that the attorney should be consulted promptly so that the attorney may assist the respondent in any matter connected with the ex parte extreme risk protection order.

(h) An ex parte extreme risk protection order issued pursuant to this section shall remain in effect for an initial period not to exceed 14 days. The court may extend an ex parte extreme risk protection order in additional 14-day increments for good cause shown.

(i) The court shall terminate an ex parte extreme risk protection order in effect against the respondent at the time the court grants or denies the petition for a final extreme risk protection order.

§ 7-2510.06. Renewal of final extreme risk protection orders.

Actualizada: 
13 de julio de 2021

(a) At least 120 days before the expiration of a final extreme risk protection order, the court shall notify the petitioner of the date that the order is set to expire and advise the petitioner of the procedures for seeking a renewal of the order.

(b) A petitioner may request a renewal of a final extreme risk protection order, including an order previously renewed under this section, at any time within the 120-day period immediately preceding the expiration of the order.

(c) Personal service of the notice of hearing and request for renewal shall be made upon the respondent by a Metropolitan Police Department officer not fewer than 21 days before the hearing.

(d) In determining whether to renew an extreme risk protection order pursuant to this section, the court shall consider all 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.

(e) The court shall, before renewing a final extreme risk protection order, examine any witnesses under oath.

(f) The court shall, after notice and a hearing, renew a final extreme risk protection order if the court finds, by a preponderance of the evidence, that the respondent continues to pose a significant danger of causing bodily injury to self or others by having possession or control of, purchasing, or receiving any firearm or ammunition.

(g) A final extreme risk protection order renewed pursuant to 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 renewed;

(2) The date and time the order was renewed;

(3) The date and time the order will expire;

(4) The grounds upon which the order was renewed;

(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 petitioner may seek the advice of an attorney as to any matter connected with this subchapter.

(h) An extreme risk protection order renewed pursuant to this section shall expire one year after the issuance of the order, unless that order is terminated pursuant to § 7-2510.08 before its expiration.

§ 7-2510.11. Violation of an extreme risk protection order.

Actualizada: 
13 de julio de 2021

(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).

Division II. Judiciary and Judicial Procedure

Actualizada: 
13 de julio de 2021

Title 14. Proof.

Actualizada: 
13 de julio de 2021

Chapter 3. Competency of Witnesses.

Actualizada: 
13 de julio de 2021

§ 14-310. Domestic violence counselors.

Actualizada: 
13 de julio de 2021

(a) For the purposes of this section, the term:

(1) “Confidential communication” means information exchanged between a victim and a domestic violence counselor during the course of the counselor providing counseling, support, and assistance to a victim, including all records kept by the counselor and the domestic violence program concerning the victim and services provided to the victim.

(2) “Domestic violence counselor” means an employee, contractor, or volunteer of a domestic violence program who:

(A) Is rendering support, counseling, or assistance to a victim;

(B) Has undergone not less than 40 hours of domestic violence counselor training conducted by a domestic violence program that includes dynamics of domestic violence, trauma resulting from domestic violence, crisis intervention, personal safety, risk management, criminal and civil court processes, and resources available to victims; and

(C)(i) Is or is under the supervision of a licensed social worker, nurse, physician, psychologist, or psychotherapist; or

(ii) Is or is under the supervision of a person who has a minimum of 5 years of experience rendering support, counseling, or assistance to persons against whom severe emotional abuse or a criminal offense has been committed or is alleged to have been committed, of which at least 2 years of experience involves victims.

(3) “Domestic violence program” means a nonprofit, non-governmental organization that supports, counsels, and assists victims, including domestic violence hotlines, domestic violence shelters, and domestic violence intake centers.

(4) “Intrafamily offense” shall have the same meaning as provided in § 16-1001(8).

(5) “Victim” means a person against whom severe emotional abuse or an intrafamily offense has been committed or is alleged to have been committed.

(b)(1) A domestic violence counselor shall not disclose a confidential communication except:

(A) As required by statute or by a court of law;

(B) As voluntarily authorized in writing by the victim;

(C) To other individuals employed at the domestic violence program and third party providers when and to the extent necessary to facilitate the delivery of services to the victim;

(D) To the Metropolitan Police Department or other law enforcement agency to the extent necessary to protect the victim or another individual from a substantial risk of imminent and serious physical injury;

(E) To compile statistical or anecdotal information, without personal identifying information, for research or public information purposes; or

(F) For any confidential communications relevant to a claim or defense if the victim files a lawsuit against a domestic violence counselor or a domestic violence program.

(2) Unless the disclosure is public, confidential communications disclosed pursuant to paragraph (1) of this subsection shall not be further disclosed by the recipient except as authorized in paragraph (1) of this subsection.

(3) Confidential communications are not waived by the presence of a sign language or foreign language interpreter. Such an interpreter is subject to the same disclosure limitations set forth in paragraph (1) of this subsection and the same privilege set forth in subsection (c) of this section.

(c)(1) Except as provided in paragraph (2) of this subsection, when a victim is under 12 years of age, has been adjudicated incompetent by a court of competent jurisdiction for the purpose of asserting or waiving the privilege established by this section, or is deceased, the victim’s parent, guardian, or personal representative may assert or waive the privilege.

(2) If the parent, guardian, or personal representative of a victim described in paragraph (1) of this subsection has been charged with an intrafamily offense or has had a protection order or a neglect petition entered against him or her at the request of or on behalf of the victim, or otherwise has interests adverse to those of the victim with respect to the assertion or waiver of the privilege, the court shall appoint an attorney for purposes of asserting or waiving the privilege.

(d) The assertion of any privilege under this section is not admissible in evidence.

Title 16. Particular Actions, Proceedings and Matters.

Actualizada: 
13 de julio de 2021

Chapter 8A. Third-Party Custody

Actualizada: 
13 de julio de 2021

§ 16-831.01. Definitions.

Actualizada: 
13 de julio de 2021

For the purposes of this chapter, the term:

(1) “De facto parent” means an individual:

(A) Who:

(i) Lived with the child in the same household at the time of the child’s birth or adoption by the child’s parent;

(ii) Has taken on full and permanent responsibilities as the child’s parent; and

(iii) Has held himself or herself out as the child’s parent with the agreement of the child’s parent or, if there are 2 parents, both parents; or

(B) Who:

(i) Has lived with the child in the same household for at least 10 of the 12 months immediately preceding the filing of the complaint or motion for custody;

(ii) Has formed a strong emotional bond with the child with the encouragement and intent of the child’s parent that a parent-child relationship form between the child and the third party;

(iii) Has taken on full and permanent responsibilities as the child’s parent; and

(iv) Has held himself or herself out as the child’s parent with the agreement of the child’s parent, or if there are 2 parents, both parents.

(2) “Intrafamily offense” shall have the same meaning as provided in § 16-1001(8).

(3) “Legal custody” means legal responsibility for a child, including the right to:

(A) Make decisions regarding the child’s health, education, and general welfare;

(B) Access the child’s educational, medical, psychological, dental, or other records; and

(C) Speak with and obtain information regarding the child from school officials, health care providers, counselors, or other persons interacting with the child.

(4) “Physical custody” means a child’s living arrangements. The term “physical custody” includes a child’s residency or visitation schedule.

(5) “Third party” means a person other than the child’s parent or de facto parent.

§ 16-831.02. Action for custody of child by a third party

Actualizada: 
13 de julio de 2021

(a)(1) A third party may file a complaint for custody of a child or a motion to intervene in any existing action involving custody of the child under any of the following circumstances:

(A) The parent who is or has been the primary caretaker of the child within the past 3 years consents to the complaint or motion for custody by the third party;

(B) The third party has:

(i) Lived in the same household as the child for at least 4 of the 6 months immediately preceding the filing of the complaint or motion for custody, or, if the child is under the age of 6 months, for at least half of the child’s life; and

(ii) Primarily assumed the duties and obligations for which a parent is legally responsible, including providing the child with food, clothing, shelter, education, financial support, and other care to meet the child’s needs; or

(C) The third party is living with the child and some exceptional circumstance exists such that relief under this chapter is necessary to prevent harm to the child; provided, that the complaint or motion shall specify in detail why the relief is necessary to prevent harm to the child.

(2) A third party who is employed by the child’s parent to provide child care duties for that child may not file, under this chapter, a complaint for custody of that child or intervene in any existing action under this chapter involving custody of that child.

(b)(1) At any time after the filing of a third-party complaint for custody or a motion to intervene, a parent may move to dismiss an action filed by a third party on the grounds that the third party has committed an intrafamily offense against the child, the child’s parent, or any other member of the child’s family, or that the third party does not meet the characteristics set forth in subsection (a) of this section.

(2) The court shall dismiss the action within 30 days of receiving proof that a court of competent jurisdiction has found that the third party has committed an intrafamily offense against the child, the child’s parent, or any other member of the child’s family.

(3) Whenever the parent alleges that the plaintiff has committed an intrafamily offense against the child, the child’s parent, or any other member of the child’s family, but no previous adjudication has been issued, the court shall schedule a hearing on the motion to dismiss within 30 days of receiving the allegation.

(c)(1) The court may decide a third-party complaint or motion to intervene filed under this chapter notwithstanding any other matters pending before the court involving the child, except that any complaint or motion filed under this chapter involving a child who is the subject of a pending action brought under Chapter 23 of Title 16 shall be consolidated with that pending action for resolution by the judicial officer there presiding.

(2) In a proceeding under this chapter consolidated with a neglect or termination of parental rights proceeding under Chapter 23 of Title 16, the parent of the child is entitled to be represented by counsel at all critical stages of the proceeding, and, if financially unable to obtain adequate representation, to have counsel appointed in accordance with § 16-2304(b) and the rules established by the Superior Court of the District of Columbia.

(3) The court, in its discretion, may appoint counsel for the third party.

§ 16-831.03. Action for custody of a child by a de facto parent

Actualizada: 
13 de julio de 2021

(a) A de facto parent may file a complaint for custody of a child or a motion to intervene in any existing action involving custody of the child.

(b) An individual who establishes that he or she is a de facto parent by clear and convincing evidence shall be deemed a parent for the purposes of §§ 16-911, 16-914, 16-914.01, and 16-916, and for the purposes of this chapter if a third party is seeking custody of the child of the de facto parent.

(c)(1) All proceedings involving a parent and a de facto parent, including an action for child support, shall be governed by §§ 16-911, 16-914, 16-914.01, and 16-916.

(2) A custody proceeding involving a third party and a de facto parent shall be governed by the provisions of this chapter.

Chapter 9. Divorce, Annulment, Separation, Support, Etc.

Actualizada: 
13 de julio de 2021

§ 16-902. Residency requirements.

Actualizada: 
13 de julio de 2021

(a) Except as provided in subsection (b) of this section, no action for divorce or legal separation shall be maintainable unless one of the parties to the marriage has been a bona fide resident of the District of Columbia for at least 6 months next preceding the commencement of the action.

(b)(1) An action for divorce or legal separation by persons of the same gender, even if neither party to the marriage is a bona fide resident of the District of Columbia at the time the action is commenced, shall be maintainable if the following apply:

(A) The marriage was performed in the District of Columbia; and

(B) Neither party to the marriage resides in a jurisdiction that will maintain an action for divorce or legal separation.

(2) It shall be a rebuttable presumption that a jurisdiction will not maintain an action for divorce or legal separation if the jurisdiction does not recognize the marriage.

(3) Any action for divorce or legal separation as provided by this subsection, including any accompanying petition for alimony, assignment and equitable distribution of property, pendente lite relief, or child custody determination if the District has jurisdiction under § 16-4602.01 or § 16.4602.03, shall be adjudicated in accordance with the laws of the District of Columbia.

(c) No action for annulment of a marriage performed outside the District of Columbia or for affirmance of any marriage shall be maintainable unless one of the parties is a bona fide resident of the District of Columbia at the time of the commencement of the action.

(d) The residence of the parties to an action for annulment of a marriage performed in the District of Columbia shall not be considered in determining whether the action shall be maintainable.

(e) If a member of the armed forces of the United States resides in the District of Columbia for a continuous period of 6 months during his or her period of military service, he or she shall be deemed to reside in the District of Columbia for purposes of this section only.

§ 16-904. Grounds for divorce, legal separation, and annulment.

Actualizada: 
13 de julio de 2021

(a) A divorce from the bonds of marriage may be granted if:

(1) both parties to the marriage have mutually and voluntarily lived separate and apart without cohabitation for a period of six months next preceding the commencement of the action;

(2) both parties to the marriage have lived separate and apart without cohabitation for a period of one year next preceding the commencement of the action.

(b) A legal separation from bed and board may be granted if:

(1) both parties to the marriage have mutually and voluntarily lived separate and apart without cohabitation; or

(2) both parties to the marriage have lived separate and apart without cohabitation for a period of one year next preceding the commencement of the action.

(3) Repealed.

(4) Repealed.

(c) For purposes of subsections (1) and (2) of paragraphs (a) and (b) of this section, parties who have pursued separate lives, sharing neither bed nor board, shall be deemed to have lived separate and apart from one another even though:

(1) they reside under the same roof; or

(2) the separation is pursuant to an order of a court.

(d) Marriage contracts may be annulled in the following cases:

(1) where such marriage was contracted while either of the parties thereto had a former spouse living, unless the former marriage had been lawfully dissolved;

(2) where such marriage was contracted during the insanity of either party (unless there has been voluntary cohabitation after the discovery of the insanity);

(3) where such marriage was procured by fraud or coercion;

(4) where either party was matrimonially incapacitated at the time of marriage without the knowledge of the other and has continued to be so incapacitated; or

(5) where either of the parties had not attained the age of legal consent to the contract of marriage (unless there has been voluntary cohabitation after attaining the age of legal consent), but in such cases only at the suit of the party who had not attained such age.

(e) Domestic partnerships registered under § 32-702(a) or relationships recognized under § 32-702(i) may be terminated by judicial decree or judgment.

§ 16-913. Alimony.

Actualizada: 
13 de julio de 2021

(a) When a divorce or legal separation is granted, or when a termination of a domestic partnership becomes effective under § 32-702(d) or § 16-904(e) and one partner has filed a petition for relief available under this section, the Court may require either party to pay alimony to the other party if it seems just and proper.

(b) The award of alimony may be indefinite or term-limited and structured as appropriate to the facts. The Court shall determine the amount and the time period for the award of alimony.

(c) An award of alimony may be retroactive to the date of the filing of the pleading that requests alimony.

(d) In making an award of alimony, the Court shall consider all the relevant factors necessary for a fair and equitable award, including, but not limited to, the:

(1) ability of the party seeking alimony to be wholly or partly self-supporting;

(2) time necessary for the party seeking alimony to gain sufficient education or training to enable that party to secure suitable employment;

(3) standard of living that the parties established during their marriage or domestic partnership, but giving consideration to the fact that there will be 2 households to maintain;

(4) duration of the marriage or domestic partnership;

(5) circumstances which contributed to the estrangement of the parties;

(6) age of each party;

(7) physical and mental condition of each party;

(8) ability of the party from whom alimony is sought to meet his or her needs while meeting the needs of the other party; and

(9) financial needs and financial resources of each party, including:

(A) income;

(B) income from assets, both those that are the property of the marriage or domestic partnership and those that are not;

(C) potential income which may be imputed to non-income producing assets of a party;

(D) any previous award of child support in this case;

(E) the financial obligations of each party;

(F) the right of a party to receive retirement benefits; and

(G) the taxability or non-taxability of income.

§ 16-914. Custody of children.

Actualizada: 
13 de julio de 2021

(a)(1)(A) In any proceeding between parents in which the custody of a child is raised as an issue, the best interest of the child shall be the primary consideration. The race, color, national origin, political affiliation, sex, sexual orientation, or gender identity or expression of a party, in and of itself, shall not be a conclusive consideration. The Court shall make a determination as to the legal custody and the physical custody of a child. A custody order may include:

(i) sole legal custody;

(ii) sole physical custody;

(iii) joint legal custody;

(iv) joint physical custody; or

(v) any other custody arrangement the Court may determine is in the best interest of the child.

(B) For the purposes of this paragraph, the term:

(i) “Legal custody” means legal responsibility for a child. The term “legal custody” includes the right to make decisions regarding that child’s health, education, and general welfare, the right to access the child’s educational, medical, psychological, dental, or other records, and the right to speak with and obtain information regarding the child from school officials, health care providers, counselors, or other persons interacting with the child.

(ii) “Physical custody” means a child’s living arrangements. The term “physical custody” includes a child’s residency or visitation schedule.

(2) Unless the court determines that it is not in the best interest of the child, the court may issue an order that provides for frequent and continuing contact between each parent and the minor child or children and for the sharing of responsibilities of child-rearing and encouraging the love, affection, and contact between the minor child or children and the parents regardless of marital status. There shall be a rebuttable presumption that joint custody is in the best interest of the child or children, except in instances where a judicial officer has found by a preponderance of the evidence that an intrafamily offense as defined in § 16-1001(8), an instance of child abuse as defined in section 102 of the Prevention of Child Abuse and Neglect Act of 1977, effective September 23, 1977 (D.C. Law 2-22; D.C. Official Code § 4-1301.02), an instance of child neglect as defined in section 2 of the Child Abuse and Neglect Prevention Children’s Trust Fund Act of 1993, effective October 5, 1993 (D.C. Law 10-56; D.C. Official Code § 4-1341.01), or where parental kidnapping as defined in D.C. Official Code section 16-1021 through section 16-1026 has occurred. There shall be a rebuttable presumption that joint custody is not in the best interest of the child or children if a judicial officer finds by a preponderance of the evidence that an intrafamily offense as defined in § 16-1001(8), an instance of child abuse as defined in section 102 of the Prevention of Child Abuse and Neglect Act of 1977, effective September 23, 1977 (D.C. Law 2-22; D.C. Official Code § 4-1301.02), an instance of child neglect as defined in section 2 of the Child Abuse and Neglect Prevention Children’s Trust Fund Act of 1993, effective October 5, 1993 (D.C. Law 10-56; D.C. Official Code § 4-1341.01), or where parental kidnapping as defined in D.C. Official Code section 16-1021 through section 16-1026 has occurred.

(3) In determining the care and custody of a child, the best interest of the child shall be the primary consideration. To determine the best interest of the child, the court shall consider all relevant factors, including, but not limited to:

(A) the wishes of the child as to his or her custodian, where practicable;

(B) the wishes of the child’s parent or parents as to the child’s custody;

(C) the interaction and interrelationship of the child with his or her parent or parents, his or her siblings, and any other person who may emotionally or psychologically affect the child’s best interest;

(D) the child’s adjustment to his or her home, school, and community;

(E) the mental and physical health of all individuals involved;

(F) evidence of an intrafamily offense as defined in section 16-1001(8);

(G) the capacity of the parents to communicate and reach shared decisions affecting the child’s welfare;

(H) the willingness of the parents to share custody;

(I) the prior involvement of each parent in the child’s life;

(J) the potential disruption of the child’s social and school life;

(K) the geographic proximity of the parental homes as this relates to the practical considerations of the child’s residential schedule;

(L) the demands of parental employment;

(M) the age and number of children;

(N) the sincerity of each parent’s request;

(O) the parent’s ability to financially support a joint custody arrangement;

(P) the impact on Temporary Assistance for Needy Families, or Program on Work, Employment, and Responsibilities, and medical assistance; and

(Q) the benefit to the parents.

(a-1) For the purposes of this section, if the judicial officer finds by a preponderance of evidence that a contestant for custody has committed an intrafamily offense, any determination that custody or visitation is to be granted to the abusive parent shall be supported by a written statement by the judicial officer specifying factors and findings which support that determination. In determining visitation arrangements, if the judicial officer finds that an intrafamily offense has occurred, the judicial officer shall only award visitation if the judicial officer finds that the child and custodial parent can be adequately protected from harm inflicted by the other party. The party found to have committed an intrafamily offense has the burden of proving that visitation will not endanger the child or significantly impair the child’s emotional development.

(a-2) Repealed.

(a-3)(1) A minor parent, or the parent, guardian, or other legal representative of a minor parent on the minor parent’s behalf, may initiate a custody proceeding under this chapter.

(2) For the purposes of this subsection, the term “minor” means a person under 18 years of age.

(b) Notice of a custody proceeding shall be given to the child’s parents, guardian, or other custodian. The court, upon a showing of good cause, may permit intervention by any interested party.

(c) In any custody proceeding under this chapter, the Court may order each parent to submit a detailed parenting plan which shall delineate each parent’s position with respect to the scheduling and allocation of rights and responsibilities that will best serve the interest of the minor child or children. The parenting plan may include, but shall not be limited to, provisions for:

(1) the residence of the child or children;

(2) the financial support based on the needs of the child and the actual resources of the parent;

(3) visitation;

(4) holidays, birthdays, and vacation visitation;

(5) transportation of the child between the residences;

(6) education;

(7) religious training, if any;

(8) access to the child’s educational, medical, psychiatric, and dental treatment records;

(9) except in emergencies, the responsibility for medical, psychiatric, and dental treatment decisions;

(10) communication between the child and the parents; and

(11) the resolution of conflict, such as a recognized family counseling or mediation service, before application to the Court to resolve a conflict.

(d) In making its custody determination, the Court:

(1) shall consider the parenting plans submitted by the parents in evaluating the factors set forth in subsection (a)(3) of this section in fashioning a custody order;

(2) shall designate the parent(s) who will make the major decisions concerning the health, safety, and welfare of the child that need immediate attention; and

(3) may order either or both parents to attend parenting classes.

(e) Joint custody shall not eliminate the responsibility for child support in accordance with the applicable child support guideline as set forth in section 16-916.01.

(f)(1) An award of custody may be modified or terminated upon the motion of one or both parents, or on the Court’s own motion, upon a determination that there has been a substantial and material change in circumstances and that the modification or termination is in the best interest of the child.

(2) When a motion to modify custody is filed, the burden of proof is on the party seeking a change, and the standard of proof shall be by a preponderance of the evidence.

(3) The provisions of this chapter shall apply to motions to modify or terminate any award of custody filed after April 18, 1996.

(g) The Court, for good cause and upon its own motion, may appoint a guardian ad litem or an attorney, or both, to represent the minor child’s interests.

(h) The Court shall enter an order for any custody arrangement that is agreed to by both parents unless clear and convincing evidence indicates that the arrangement is not in the best interest of the minor child.

(i) An objection by one parent to any custody arrangement shall not be the sole basis for refusing the entry of an order that the Court determines is in the best interest of the minor child.

(j) The Court shall place on the record the specific factors and findings which justify any custody arrangement not agreed to by both parents.

(k) Notwithstanding any other provision of this section, no person shall be granted legal custody or physical custody of, or visitation with, a child if the person has been convicted of first degree sexual abuse, second degree sexual abuse, or child sexual abuse, and the child was conceived as a result of that violation. Nothing in this subsection shall be construed as abrogating or limiting the responsibility of a person described herein to pay child support.

§ 16-916. Maintenance of spouse [or domestic partner] and minor children; maintenance of former spouse [or domestic partner]; maintenance of minor children; enforcement.

Actualizada: 
13 de julio de 2021

(a) Whenever a spouse or domestic partner shall fail or refuse to maintain his or her needy spouse, domestic partner, minor children, or both, although able to do so, or whenever any parent shall fail or refuse to maintain his or her children by a marriage since dissolved, although able to do so, the court, upon proper application and upon a showing of genuine need of a spouse or domestic partner, may decree, pendente lite and permanently, that such spouse or domestic partner shall pay reasonable sums periodically for the support of such needy spouse or domestic partner and of the children, or such children, as the case may be, and the court may decree that he or she pay suit money, including counsel fees, pendente lite and permanently, to enable plaintiff to conduct the case.

(b) Whenever a former spouse or domestic partner has obtained a foreign ex parte divorce or termination of the domestic partnership, in accordance with § 32-702(d) or § 16-904(e), the court thereafter, on application of the other former spouse or domestic partner and with personal service of process upon such former spouse or domestic partner in the District of Columbia, may decree that he or she shall pay him or her reasonable sums periodically for his or her maintenance and for suit money, including counsel fees, pendente lite and permanently, to enable plaintiff to conduct the case.

(c) When a father or mother fails to maintain his or her minor child, the Court may decree that the father or mother pay reasonable sums periodically for the support and maintenance of the child, including health insurance coverage and cash medical support, and may decree that the father or mother pay Court costs, including counsel fees, to enable plaintiff to conduct the cases.

(c-1) A support order entered under this section shall contain terms providing for the payment of medical expenses for each child included in the support order, whether or not health insurance coverage is available to pay for those expenses. The court may order either or both parents to provide health insurance coverage, cash medical support, or both, consistent with § 16-916.01.

(c-2) In all cases where accessible health insurance coverage is available to either or both parents at reasonable cost, the court shall order either or both parents to provide the health insurance coverage, consistent with § 16-916.01.

(c-3) In selecting among health insurance coverage options, the court shall consider, at a minimum, the cost, comprehensiveness, and accessibility of all health insurance coverage options available to either parent.

(c-3A) In cases where accessible health insurance coverage is not available to either parent at reasonable cost, or where the medical expenses of a child are not fully covered by health insurance, the court shall order either or both parents to pay cash medical support consistent with § 16-916.01.

(c-3B) For the purposes of this section, health insurance coverage shall be considered reasonable in cost if the cost to the obligated parent of providing coverage for the children subject to the support order pursuant to § 16-916.01(i)(3) does not exceed 5 % of the parent’s gross income.

(c-3C) For the purposes of this section, health insurance coverage shall be considered accessible if, based on the work history of the parent providing the coverage, it will be available for at least one year, and if the child lives within the geographic area covered by the plan or within 30 minutes or 30 miles of primary care services.

(c-4) All support orders subject to enforcement by the IV-D agency pursuant to title IV, part D of the Social Security Act, approved January 4, 1975 (88 Stat. 2351; 42 U.S.C. § 651 et seq.), shall require the payment of support in equal monthly amounts on the first day of each month. If a support order does not require the payment of support in this manner and the support order is or becomes subject to enforcement by the IV-D agency, the IV-D agency may direct the payor, upon notice to both parents, to pay the support in equal monthly amounts on the first day of each month; provided, that the total of the monthly amounts required to be paid in one year cumulatively equals the total support required to be paid annually under the support order.

(d) The court may enforce any decree entered under this section in the same manner as is provided in section 16-911.

(e)(1) In order to secure payment of overdue support as defined in section 466(e) of the Social Security Act approved August 16, 1984 (98 Stat. 1306; 42 U.S.C. 666(e)), after providing notice under subsection (b) of this section, the Court shall, where appropriate, require the parent to post security, bond, or give some other guarantee.

(2) The Court shall provide advance notice to the parent regarding the delinquency of the support payment and the requirement of posting security, bond, or guarantee. The notice shall inform the parent of the parent’s rights and the methods available for contesting the impending action.

(3) Where the Clerk of the Court determines that a parent is delinquent in child support payments in an amount equal to at least 60 days of child support payments, the Clerk of the Court shall notify the Mayor of the parent’s name, social security number, court docket number, and the amount of the support payment delinquency.

(f) Repealed.

§ 16-916.01. Child Support Guideline.

Actualizada: 
13 de julio de 2021

(a) In any case that involves the establishment of child support, or in any case that seeks to modify an existing support order, if the judicial officer finds that there is an existing duty of child support, the judicial officer shall conduct a hearing on child support, make a finding, and enter a judgment in accordance with the child support guideline (“guideline”) established in this section.

(b) In every action for divorce or custody, and in every proceeding for protection involving an intrafamily offense, instituted pursuant to Chapter 10 of Title 16, where a party has a legal duty to pay support to another party, the judicial officer shall inquire into the parties’ child support arrangements. If the party entitled to child support has not requested support, or if the parties have agreed against the entry of a support order, the judicial officer shall advise the parties, regardless of whether they are represented by counsel, of the parties’ entitlement to receive and obligation to pay child support under the guideline.

(c) The guideline shall be based on the following principles:

(1) The guideline shall set forth an equitable approach to child support in which both parents share legal responsibility for the support of the child.

(2) The subsistence needs of each parent shall be taken into account in the determination of child support.

(3) A parent has the responsibility to meet the child’s basic needs, as well as to provide additional child support above the basic needs level.

(4) Application of the guideline shall be gender neutral.

(5) The guideline shall be applied consistently regardless of whether either parent is a Temporary Assistance for Needy Families, Program on Work, Employment, and Responsibility, or General Assistance for Children recipient, or a recipient of benefits under any substantially similar means-tested public assistance program.

(6) The guideline shall be applied presumptively.

(d)(1) For the purposes of this section, the term “gross income” means income from any source, including:

(A) Salary or wages, including overtime, tips, or income from self-employment;

(B) Commissions;

(C) Severance pay;

(D) Royalties;

(E) Bonuses;

(F) Interest or dividends;

(G) Income derived from a business or partnership after deduction of reasonable and necessary business expenses, but not depreciation;

(H) Social Security;

(I) Veteran’s benefits;

(J) Insurance benefits;

(K) Worker’s compensation;

(L) Unemployment compensation;

(M) Pension;

(N) Annuity;

(O) Income from a trust;

(P) Capital gains from a real or personal property transaction, if the capital gains represent a regular source of income;

(Q) A contract that results in regular income;

(R) A perquisite or in-kind compensation if the perquisite or in-kind compensation is significant and represents a regular source of income or reduces living expenses, such as use of a company car, reimbursed meals, or military housing and food allowances, including the Basic Allowance for Housing and the Basic Allowance for Subsistence;

(S) Income from life insurance or an endowment contract;

(T) Regular income from an interest in an estate, directly or through a trust;

(U) Lottery or gambling winnings that are received in a lump sum or in an annuity;

(V) Prize or award;

(W) Net rental income after deduction of reasonable and necessary operating costs, but not depreciation; or

(X) Taxes paid on a party’s income by an employer or, if the income is nontaxable, the amount of taxes that would be paid if the income were taxable.

(2) For a parent subject to self-employment tax, ½ of Social Security and Medicare taxes due and payable on current income shall be deducted from the parent’s gross income before the child support obligation is computed.

(3) Alimony paid by either parent to the other parent subject to the support order shall be deducted from the gross income of the parent paying the alimony before the child support obligation is computed. Alimony received from any person, including alimony received from the other parent subject to the support order, shall be added to the gross income of the parent receiving the alimony before the child support obligation is computed. Deductions and additions for alimony shall be made regardless of whether the alimony is court ordered or paid pursuant to an agreement.

(4) A support order that is being paid by either parent shall be deducted from the parent’s gross income before the child support obligation is computed.

(5) Each parent shall receive a deduction from gross income for each child living in the parent’s home for whom the parent owes a legal duty to pay support, if the child is not subject to the support order. The amount of the deduction shall be calculated by determining the basic child support obligation for the additional child in the parent’s home pursuant to subsection (f)(2) of this section, using only the income of the parent entitled to the deduction. This figure shall be multiplied by 75%, and the resulting amount subtracted from the parent’s gross income before the child support obligation is computed.

(6) Gross income shall not include benefits received from means-tested public assistance programs, such as Temporary Assistance for Needy Families, Program on Work, Employment, and Responsibility, General Assistance for Children, Supplemental Security Income, or Food Stamps.

(7) Gross income shall not include income received by or on behalf of a child in the household of a parent or third-party custodian, including foster care and guardianship payments, if the income is for a child who is not subject to the support order.

(8) If a child subject to the support order is in the care of a third party, both parents may be required to pay child support. The income of the third party shall not be considered in the calculation of child support.

(9) If a child subject to the support order receives Social Security Disability Insurance (“SSDI”) derivative benefits through either parent, the amount of the derivative benefit paid to the child shall be included in the gross income of the parent from whom the benefit derives.

(10) If the judicial officer finds that a parent is voluntarily unemployed or underemployed as a result of the parent’s bad faith or deliberate effort to suppress income, to avoid or minimize the parent’s child support obligation, or to maximize the other parent’s obligation, the judicial officer may impute income to this parent and calculate the child support obligation based on the imputed income. The judicial officer shall not impute income to a parent who is physically or mentally unable to work or who is receiving means-tested public assistance benefits. The judicial officer shall issue written factual findings stating the reasons for imputing income at the specified amount.

(11) The judicial officer shall determine the adjusted gross income of each parent based on evidence, including pay stubs, tax returns, employer statements, affidavits, and oral testimony provided under oath.

(e) The judicial officer shall determine each parent’s adjusted gross income by making the additions to and deductions from gross income specified in subsection (d) of this section.

(f)(1) Except in cases of shared physical custody as described in subsection (q) of this section, the child support obligation shall be calculated according to the following procedure:

(A) Determine each parent’s adjusted gross income according to subsection (e) of this section.

(B) Using the parents’ combined adjusted gross income, locate the basic child support obligation from the Schedule of Basic Child Support Obligations referenced in subsection (w) of this section. If the parents’ combined adjusted gross income falls between the amounts shown in the schedule, the basic child support obligation shall be rounded up to the next higher amount.

(C) Calculate each parent’s percentage share of combined adjusted gross income by dividing each parent’s adjusted gross income by the combined adjusted gross income.

(D) Multiply the basic child support obligation from subparagraph (B) of this paragraph by each parent’s percentage share of combined adjusted gross income from subparagraph (C) of this paragraph to determine each parent’s share of the basic child support obligation. When the parents do not have shared physical custody as defined in subsection (q) of this section, the parent with whom the child does not primarily reside shall be the parent with a legal duty to pay support. The parent with a legal duty to pay support shall pay that parent’s share of the basic child support obligation to the parent with whom the child primarily resides. Adjustments for health insurance premiums, extraordinary medical expenses, child care expenses, and SSDI derivative benefits shall be made to this amount according to subsections (i) through (l) of this section. The parent with whom the child primarily resides shall be presumed to spend that parent’s own share of child support directly on the child.

(2) Worksheet A in Appendix II may be used to calculate the child support obligation under this subsection.

(f-1)(1) If the judicial officer does not have sufficient evidence to determine the adjusted gross income of a parent with a legal duty to pay support in accordance with subsection (e) of this section, the judicial officer may enter a minimum order of $75 per month; provided, that the parent has:

(A) Been served with notice of the hearing but has failed to appear; or

(B) Failed to provide information about his or her gross income.

(2) If the judicial officer enters an order under this subsection, the judicial officer shall issue written factual findings stating the reasons for entering the order in the amount specified.

(g)(1)(A) A parent with a legal duty to pay support may maintain a self-support reserve as provided in this subsection. The self-support reserve shall be calculated at 133% of the United States Department of Health and Human Services poverty guideline per year for a single individual. The self-support reserve shall be updated by the Mayor every 2 years with the updated amount to be published in the District of Columbia Register and made effective as of April 1.

(B) As of April 1, 2007, the self-support reserve shall be $12,382.

(C) As of April 1, 2009, the self-support reserve shall be $14,404. The Child Support Services Division of the Office of the Attorney General shall act promptly to ensure that all child support orders entered into on or after April 1, 2009 are modified, as appropriate and as permitted under applicable law, to incorporate the April 1, 2009 adjustment.

(D) As of April 1, 2015, the self-support reserve shall be $15,654.

(2) A parent with a legal duty to pay support, but with adjusted gross income below the self-support reserve, shall be considered unable to contribute the amount determined under subsection (f) of this section. The judicial officer shall treat a parent at this level of income on an individual basis, and shall determine the amount that the parent is able to pay, while meeting personal subsistence needs.

(3)(A) Where the judicial officer finds that a parent with adjusted gross income below the self-support reserve has the ability to pay child support under paragraph (2) of this subsection, there shall be a presumption that the parent can pay a minimum amount of $75 per month, while meeting personal subsistence needs. The presumption may be rebutted downward to $0 or upward above $75 per month by evidence of resources or circumstances affecting the parent’s ability to pay, including age, employability, disability, homelessness, incarceration, inpatient substance abuse treatment, other inpatient treatment, housing expenses, provision or receipt of in-kind resources or services, benefits received from means-tested public assistance programs, other public benefits, subsidies, tax credits, or other appropriate circumstances.

(B) The judicial officer, after considering the factors set forth in subparagraph (A) of this paragraph, may deviate from the amount calculated pursuant to paragraph (3) of this subsection; provided, that any deviation upward shall not exceed the basic child support obligation calculated pursuant to paragraph (1) of this subsection.

(C) The judicial officer shall issue written factual findings stating the reasons for the entry of an order below or above the $75 per month presumptive amount.

(g-1)(1) Upon request or on the judicial officer’s own motion, the judicial officer shall determine whether the parent to whom support is owed can meet his or her personal subsistence needs, considering the resources and circumstances of that parent, including age, employability, disability, homelessness, incarceration, inpatient substance abuse treatment, other inpatient treatment, housing expenses, provision or receipt of in-kind resources or services, benefits received from means-tested public assistance programs, other public benefits, subsidies, tax credits, or other appropriate circumstances.

(2) If the judicial officer determines that the parent to whom support is owed can meet his or her subsistence needs, the judicial officer shall order the parent with a legal duty to pay support to pay what he or she would otherwise be required to pay pursuant to this section.

(3) If the judicial officer determines that the parent to whom support is owed cannot meet his or her subsistence needs and the parent with a legal duty to pay support has an adjusted gross income below the self-support reserve under subsection (g) of this section, the judicial officer shall determine whether, for the support and maintenance of the child, the parent with a legal duty to pay support should pay more than he or she would otherwise be required to pay pursuant to subsection (g)(3) of this section.

(4) In no case shall the amount ordered pursuant to this section:

(A) Result in the adjusted gross income of the parent with a legal duty to pay support falling below the modified self-support reserve under subsection (g-2) of this section; or

(B) Exceed the amount of pass-through funds available to families receiving Temporary Assistance for Needy Families benefits.

(5) The judicial officer shall issue written factual findings stating the reasons for the entry of an order issued pursuant to paragraph (3) of this subsection.

(g-2) A modified self-support reserve shall be calculated at 100% of the United States Department of Health and Human Services poverty guideline per year for a single individual to be used to determine support pursuant to subsection (g-1) of this section. The modified self-support reserve shall be updated by the Mayor every 2 years with the updated amount to be published in the District of Columbia Register and made effective as of April 1. As of April 1, 2015, the modified self-support reserve shall be $11,770.

(h) The guideline shall not apply presumptively in cases where the parents’ combined adjusted gross income exceeds $240,000 per year. In these cases, the child support obligation shall not be less than the amount that the parent with a legal duty to pay support would have been ordered to pay if the guideline had been applied to combined adjusted gross income of $240,000. The judicial officer may exercise discretion to order more child support, after determining the reasonable needs of the child based on actual family experience. The judicial officer shall issue written factual findings stating the reasons for an award of additional child support.

(i)(1) All orders shall contain terms providing for the payment of medical expenses for the child in accordance with section 16-916.

(2) Amounts paid by either parent for health insurance premiums for a child subject to the support order shall be divided between the parents in proportion to their respective adjusted gross incomes and added to the parents’ respective shares of the basic child support obligation.

(3) A parent shall present proof of the increase in a health insurance premium incurred as a result of the addition of the child to the health insurance policy. The proof provided shall identify clearly that the source of the increase of the health insurance premium is the child subject to the support order. The cost to add the child shall be reasonable.

(4) If a parent has family health insurance coverage in the parent’s health insurance plan for a second family, the addition of the child who is subject to the support order need not result in an additional cost of health insurance coverage to the parent. The parent shall provide proof that the child has been added to the health insurance coverage. An adjustment shall not be made if there is no additional cost of health insurance coverage to the parent.

(5) Health insurance coverage shall be considered reasonable in cost if the cost to the obligated parent of providing coverage for the children subject to the support order pursuant to § 16-916.01(i)(3) does not exceed 5 % of the parent’ s gross income.

(j)(1) Extraordinary medical expenses are uninsured or unreimbursed medical expenses in excess of $250 per year, per child subject to the support order. These expenses include co-payments, deductibles, and contributions associated with public and private health insurance coverage, and costs that are reasonably necessary for orthodontia, dental treatment, asthma treatments, physical therapy, vision care, or the diagnosis or treatment of a health condition.

(2) Extraordinary medical expenses shall be divided between the parents in proportion to their respective adjusted gross incomes.

(3) If extraordinary medical expenses are recurring and the judicial officer can reasonably determine future expenses when the support order is established or modified, the judicial officer shall add each parent’s proportionate share of the expenses to the parent’s share of the basic child support obligation. The parents shall pay other extraordinary medical expenses in proportion to their adjusted gross incomes when these expenses are incurred. If either parent advances payment for these expenses to a provider of services, the other parent shall reimburse that parent for the other parent’s proportionate share of the expense within 30 days of receiving written proof of the expense and payment.

(k) Reasonable child care expenses incurred for a child subject to the support order due to the employment or education of either parent shall be divided between the parents in proportion to their adjusted gross incomes and added to their respective shares of the basic child support obligation. Child care expenses shall be determined by actual family experience, unless the judicial officer determines that the actual family experience is not in the best interest of the child. If there is no actual family experience, or if the actual family experience is not in the best interest of the child, the judicial officer shall determine a reasonable child care expense based on the cost of child care from a licensed source. If the primary residential parent chooses child care with an actual cost that is less than the level required to provide child care from a licensed source, the judicial officer shall use the actual child care expense to calculate the child support obligation.

(l) If a child subject to the support order receives SSDI derivative benefits from the parent with a legal duty to pay support, the following adjustment to the child support obligation shall be made:

(1) After the child support obligation is calculated pursuant to subsections (f) through (k) of this section, the amount of the SSDI derivative benefit paid to the child shall be subtracted from the child support obligation. If the SSDI derivative benefit is less than the child support obligation, the order shall be set at the difference between the child support obligation and the SSDI derivative benefit. If the SSDI derivative benefit is greater than the child support obligation, the order shall be set at zero.

(2) If the judicial officer finds that SSDI derivative benefits were paid to a child subject to the support order prior to the filing of the petition to establish or motion to modify child support, these benefits shall be credited toward any retroactive child support or accumulated arrears owed pursuant to the support order.

(m) As the last calculation in the determination of child support, the judicial officer shall calculate a low-income adjustment to ensure that the parent with a legal duty to pay support is able to satisfy personal subsistence needs after the payment of child support. The judicial officer shall apply this low-income adjustment after additions to and deductions from the parent’s share of the basic child support obligation have been made pursuant to subsections (i) through (l) of this section. The low-income adjustment shall be calculated as follows:

(1) Calculate a child support obligation for the parent with a legal duty to pay support according to subsections (f) and (i) through (l) of this section.

(2) Determine the parent’s maximum ability to pay child support by subtracting the self-support reserve from the parent’s adjusted gross income. If the remainder is negative or less than $ 900 per year, apply subsection (g) of this section to determine the parent’s child support obligation.

(3) If the parent’s maximum ability to pay child support calculated under paragraph (2) of this subsection is greater than or equal to $600 per year, compare the parent’s maximum ability to pay child support to the child support obligation calculated in paragraph (1) of this subsection. The parent’s child support obligation shall be the lesser of these 2 amounts.

(4)(A) If under paragraph (3) of this subsection, the parent with a legal duty to pay support would pay less than the child support obligation calculated pursuant to paragraph (1) of this subsection, the judicial officer may consider whether:

(i) The parent to whom support is owed would be able to meet his or her subsistence needs; and

(ii) Whether the children would face extreme hardship if this amount were ordered.

(B) The judicial officer, after considering the factors set forth in subparagraph (A) of this paragraph, may deviate from the amount calculated pursuant to paragraph (3) of this subsection; provided, that any deviation upward shall not exceed the basic child support obligation calculated pursuant to paragraph (1) of this subsection.

(n) The child support obligation, including additions for health insurance premiums, extraordinary medical expenses, and child care expenses, shall not exceed 35% of the adjusted gross income of the parent with a legal duty to pay support.

(o)(1) If the parties present a consent order, an agreement that is to become an order, or a written agreement that is to be merged in an order, the judicial officer shall examine the child support provisions of the agreement, and compare the child support provisions to the guideline. If the amount of child support agreed upon is different from the amount of child support that would be ordered presumptively upon application of the guideline, the judicial officer shall determine if the agreed-upon level of child support is fair and just. If the parties are represented by counsel, the judicial officer shall inquire whether the attorneys informed the clients of the guideline. If the clients have not been informed of the guideline, the judicial officer shall advise the attorneys to do so. If a party is not represented by an attorney, the judicial officer shall ensure that the party is aware of the child support amount that the court would order presumptively pursuant to the guideline.

(2) The propriety of a departure from the guideline based on the consent of the parties shall be justified in writing with a statement of the factors that form the basis for the judicial officer’s finding that the departure is fair and just. A transcript filed in the jacket shall suffice as a writing.

(p) Application of the guideline shall be presumptive. The guideline shall be applied unless its application would be unjust or inappropriate in the circumstances of the particular case. The propriety of any departure from the guideline under this subsection shall be justified in writing with a statement of the factors that form the basis for the judicial officer’s finding that the guideline amount is unjust or inappropriate. A transcript filed in the jacket shall suffice as a writing. The factors that may be considered to overcome the presumption are:

(1) The needs of the child are exceptional and require more than average expenditures;

(2) The gross income of the parent with a legal duty to pay support is substantially less than that of the parent to whom support is owed;

(3) A property settlement provides resources readily available for the support of the child in an amount at least equivalent to the guideline amount;

(4) Either parent supports a dependent other than a child subject to the support order, including a biological or adoptive child, a step-child, or an elderly relative, and application of the guideline would result in extraordinary hardship;

(5) The parent with a legal duty to pay support needs a temporary period of reduced child support payments to permit the repayment of a debt or rearrangement of the parent’s financial obligations; a temporary reduction may be included in a support order if:

(A) The debt or obligation is for a necessary expenditure of reasonable cost in light of the parent’s family responsibilities;

(B) The time of the reduction does not exceed 12 months; and

(C) The support order includes the amount that is to be paid at the end of the reduction period and the date that the higher payments are to commence;

(6) The parent to whom support is owed receives child support for a child living in this parent’s home, other than the child subject to the support order, and the resulting gross income of the household to which support is owed causes the standard of living of that household to be greater than that of the household of the parent with a legal duty to pay support. For the purposes of this paragraph, the standard of living of a household shall be measured by dividing the gross income available to the household from all sources by the federal poverty guideline, as reported by the United States Department of Health and Human Services, for the number of adults contributing to the household, plus the number of children;

(7) A child subject to the support order has regular and substantial income that can be used for the care of the child without impairment of the child’s current or future education;

(8) The parent with a legal duty to pay support has special needs that increase the costs of the parent’s subsistence;

(9) The parent with a legal duty to pay support pays for certain expensive necessities for the child, such as tuition;

(10) The parent with a legal duty to pay support is 18 years old or younger and a full-time student;

(11) The child is a respondent in a neglect proceeding and has been placed outside the home with a goal of reunification with the parent; or

(12) Any other exceptional circumstance that would yield a patently unfair result.

(q)(1) Where a child spends 35% or more of the time during the year with each parent, there shall be a presumption that the parents have shared physical custody of the child. The child support obligation shall be calculated according to the following procedure:

(A) Determine the adjusted basic child support obligation by calculating the basic child support obligation pursuant to subsection (f)(2) of this section and multiplying it by 1.5.

(B) Determine each parent’s proportionate share of the adjusted basic child support obligation based on each parent’s share of combined adjusted gross income.

(C) Determine the amount of child support to be retained by each parent by multiplying each parent’s share of the adjusted basic child support obligation by the percentage of time the child spends with the relevant parent.

(D) Subtract the amount of child support to be retained by each parent from the relevant parent’s share of the adjusted basic child support obligation to determine the amount of each parent’s child support obligation.

(E) The parent owing the greater amount under subparagraph (D) of this paragraph shall be the parent with a legal duty to pay support, and shall pay the difference between the 2 amounts to the other parent.

(F) Additions to and deductions from the parents’ respective shares of the adjusted basic child support obligation determined under subparagraph (D) of this paragraph, shall be made as specified in subsections (i) through (l) of this section.

(G) A child support obligation calculated based on shared physical custody shall not exceed the amount that the parent with a legal duty to pay support would pay if this parent’s child support obligation were calculated based on the other parent’s sole custody pursuant to subsection (f) of this section.

(2) Where the presumption of shared physical custody does not apply because the child does not spend 35% or more of the time during the year with each parent, the judicial officer shall presumptively calculate the child support obligation based on sole physical custody pursuant to subsection (f) of this section.

(3) If the presumption of shared physical custody applies pursuant to paragraph (1) of this subsection, either parent may rebut this presumption by proving that the method of calculating the child support obligation based on shared physical custody would be unjust or inappropriate because of the parents’ particular arrangements for the custody of the child. If a parent rebuts this presumption, the judicial officer shall calculate the child support obligation based on sole physical custody pursuant to subsection (f) of this section.

(4) If the presumption of shared physical custody does not apply pursuant to paragraph (1) of this subsection, either parent may rebut the presumption that the support obligation should be calculated based on sole physical custody pursuant to subsection (f) of this section by proving that use of that method would be unjust or inappropriate based on the parents’ particular arrangements for the custody of the child and that a calculation based on shared physical custody would yield a fair and just result. If a parent rebuts the presumption that the child support obligation should be calculated based on sole physical custody under this paragraph, the judicial officer shall calculate the child support obligation based on shared physical custody pursuant to paragraph (1) of this subsection.

(5) Where a parent has challenged the applicability of either method for calculating the child support obligation under this subsection, the judicial officer shall issue written factual findings stating the reason for using either the shared custody or sole custody method of calculation.

(6) Worksheet (B) in Appendix III may be used to calculate the child support obligation under this subsection.

(r) A support order issued under this section or section 46-204, shall be subject to modification by application of the guideline subject to the following conditions or limitations:

(1) The parents in a child support proceeding shall exchange relevant information on finances or dependents every 3 years and shall be encouraged to update a support order voluntarily using the updated information and the guideline. Relevant information is any information that is used to compute child support pursuant to the guideline.

(2) Every 3 years, in cases being enforced under title IV, part D of the Social Security Act, approved January 4, 1975 (88 Stat. 2351; 42 U.S. C. § 651 et seq.), the IV-D agency shall notify both parents of the right to a review, and, if appropriate, a modification of the support order under the guideline. The IV-D agency shall conduct the review in all cases where there is an assignment of support rights pursuant to § 4-205.19, and at the request of either parent in all other cases. If the IV-D agency conducts a review, the IV-D agency shall inform both parents if a modification is warranted under the guideline, and shall petition for a modification of the support order when there is an assignment of support rights or if requested by a parent.

(3) If a support order does not provide for the payment of medical expenses for each child subject to the support order, at the request of a party or the IV-D agency, the court shall modify the support order to provide for the payment of such expenses in accordance with section 16-916.

(4)(A) There shall be a presumption that there has been a substantial and material change of circumstances that warrants a modification of a support order if application of the guideline to the current circumstances of the parents results in an amount of child support that varies from the amount of the existing support order by 15% or more. The presumption is rebutted by:

(i) Proof of special circumstances, such as a circumstance that would justify a departure from the guideline; or

(ii) Proof of substantial reliance on the original support order issued prior to the adoption of or revision to the guideline, and that application of the guideline would yield a patently unjust result.

(B) If a change to the guideline results in a support order that differs from the current support order by 15% or more, the presumption stated in subparagraph (A) of this paragraph shall apply, and the current order may be modified without any additional showing of a change in circumstances.

(C) Nothing in this paragraph shall be construed to limit the ability of a parent to seek a modification of a support order upon a showing of a material and substantial change in the needs of the child or the ability of the parent with a legal duty to pay support to pay, regardless of whether this change results in a support order that differs by 15% or more from the current order.

(5) In cases being enforced under title IV, part D of the Social Security Act, approved January 4, 1975 (88 Stat. 2371; 42 U.S.C. § 651 et seq.), upon receipt of notice and documentation establishing that a parent is incarcerated in a specific facility (except where the parent is incarcerated for contempt for failure to pay child support pursuant to section 46-225.02), the IV-D agency shall review the circumstances of both parents and determine if a modification of the support order is appropriate under the guideline. If the IV-D agency determines that a parent’s incarceration has resulted in a change in financial circumstances warranting a modification of the support order, the IV-D agency may request the court to suspend or modify the support order pursuant to this subsection. Upon receipt of such a request, the court shall modify the support order in accordance with the guideline. The court may modify the support order from the date on which the IV-D agency received notice under this paragraph of the parent’s incarceration.

(6) The basic child support obligation, as adjusted by additions and deletions made pursuant to subsections (i) through (l) of this section, shall be used to compute the amount of child support the guideline would yield for modification and to apply the test for the presumption.

(7) If a support order is issued after September 27, 1987, and the amount of the support order differs from the guideline, by order of the court or by a merged agreement of the parties, the presumption shall not apply within one year of the issuance of the support order.

(8) If a motion to modify a support order pursuant to this section is accompanied by an affidavit that sets forth sufficient facts and guideline calculations, and is accompanied by proof of service upon the respondent, the judicial officer may enter an order modifying the support order in accordance with the guideline unless a party requests a hearing within 30 days of service of the motion for modification. No support order shall be modified without a hearing if a hearing is timely requested.

(9) Notwithstanding paragraphs (3) through (6) of this subsection, a party may submit a praecipe with a certification of waiver and supporting documentation, as prescribed by the court, to modify the child support amount by agreement of the parties at any time. This agreement shall be reviewed by a judicial officer for issuance of a revised support order in the same manner as an original agreement of the parties is reviewed.

(10) The judicial officer shall justify any departure from the guideline in writing with a statement of the factors that form the basis for the finding that the guideline amount is unjust or inappropriate. A transcript filed in the jacket shall suffice as a writing.

(11) Notwithstanding paragraph (4)(B) of this subsection, if a new child is born to the parents, the guideline shall be applied to the entire family and one order shall be issued for all the children in the family. If possible, the 2 cases shall be consolidated if child support for the last child is petitioned as a separate case.

(12) Nothing in this subsection shall preclude a party from moving to modify a support order at any other time.

(s) A support order shall not be deemed invalid on the sole basis that the support order was issued pursuant to the Superior Court of the District of Columbia Child Support Guideline and prior to the effective date of the Child Support Guideline Amendment Emergency Act of 1989, effective December 21, 1989 (D.C. Act 8-127; 37 DCR 3).

(t) Upon the occurrence of a substantial and material change in circumstances sufficient to warrant the modification of a child support obligation pursuant to the guideline, the judicial officer may modify any provision of an agreement or settlement relating to child support, without regard to whether the agreement or settlement is entered as a consent order or is incorporated or merged in a court order.

(u) If an order or agreement providing for child support does not set forth a date on which the child support commences, the child support shall be deemed to commence on the first day of the first month following the date the order was entered or the date the agreement was executed, whichever is later in time. If the relevant date falls on the first day of a month, the order shall be deemed to commence on that day.

(v)(1) When a case is brought to establish child support, the judicial officer may award retroactive child support for a period not to exceed the 24 months preceding the filing of the petition or request for child support, unless the parent to whom support is owed proves that the parent with a legal duty to pay support has acted in bad faith or there are other extraordinary circumstances warranting an award of retroactive child support beyond the 24-month period. Upon this showing, the judicial officer may award retroactive child support for a period that exceeds the 24 months prior to the filing of the petition or request for child support. The judicial officer shall issue written factual findings stating the reason for awarding retroactive child support beyond the 24 month period.

(2) Retroactive child support shall be determined by calculating the guideline using the parents’ incomes during the retroactive period and by considering the current ability to pay of the parent with a legal duty to pay support according to subsections (g) and (m) of this section.

(3) If the parent with a legal duty to pay support made voluntary payments or contributions to the child’s expenses during the retroactive period, and proves these payments or contributions, the judicial officer shall credit the payments or contributions against an award of retroactive child support.

(w) The Schedule of Basic Child Support Obligations contained in Appendix I shall be used to determine child support under the guideline.

(x) The worksheets contained in Appendices II and III may be used to calculate child support obligations under the guideline. Refer to Worksheet B in Appendix III to calculate child support in cases involving shared physical custody pursuant to subsection (q) of this section. Refer to Worksheet A in Appendix II to calculate child support in all other cases.

(y) The Mayor shall recommend to the Council every 4 years whether the dollar values in subsections (g)(3), (h), (j)(1), (m)(2), and (m)(3) of this section should adjusted for inflation.

Chapter 10. Proceedings Regarding Intrafamily Offenses

Actualizada: 
13 de julio de 2021

Subchapter I. Intrafamily Proceedings Generally

Actualizada: 
13 de julio de 2021

§ 16-1001. Definitions.

Actualizada: 
13 de julio de 2021

For the purposes of this subchapter, the term:

(1) “Attorney General” means the Attorney General for the District of Columbia.

(2) “Court” means the Superior Court of the District of Columbia.

(3) “Custodian” shall have the meaning as provided in § 16-2301(12).

(4) “Domestic partnership” shall have the same meaning as provided in § 32-701(4).

(5) “Domestic Violence Division” means any subdivision of the court designated by court rule, or by order of the Chief Judge of the court, to hear proceedings under this subchapter.

(5A) “Family member” means a person:

(A) To whom the offender is related by blood, adoption, legal custody, marriage, or domestic partnership; or

(B) Who is the child of an intimate partner.

(5B)(A) “Household member” means a person with whom, in the past year, the offender:

(i) Shares or has shared a mutual residence; and

(ii) Has maintained a close relationship, beyond mere acquaintances, rendering application of the statute appropriate.

(B) For the purposes of this paragraph, the term “close relationship” does not include a relationship based solely on a landlord-tenant relationship.

(6) Repealed.

(6A) “Intimate partner” means a person:

(A) To whom the offender is or was married;

(B) With whom the offender is or was in a domestic partnership;

(C) With whom the offender has a child in common; or

(D) With whom the offender is, was, or is seeking to be in a romantic, dating, or sexual relationship.

(7) Repealed.

(8) “Intrafamily offense” means:

(A) An offense punishable as a criminal offense against an intimate partner, a family member, or a household member; or

(B) An offense punishable as cruelty to animals, under § 22-1001 or § 22-1002, against an animal that an intimate partner, family member, or household member owns, possesses, or controls.

(9) Repealed.

(10) “Judicial officer” means the Chief Judge, an Associate Judge, a Senior Judge, or a Magistrate Judge of the court.

(11) “Minor” means a person under 18 years of age.

(12) “Petitioner” means the person for whom a civil protection order is sought under this subchapter.

(13) “Respondent” means any person 13 years of age or older against whom a petition for civil protection is filed under this subchapter.(14) “Sexual assault” shall have the same meaning as provided in § 23-1907(9).

§ 16-1002. Complaint of criminal conduct.

Actualizada: 
13 de julio de 2021

A petitioner has a right to seek relief under this subchapter. This right does not depend on the decision of the Attorney General, the United States Attorney for the District of Columbia, or a prosecuting attorney in any jurisdiction to initiate or not to initiate a criminal or delinquency case or on the pendency or termination of a criminal or delinquency case involving the same parties or issues. Testimony of the respondent in any civil proceedings under this subchapter shall be inadmissible as evidence in a criminal trial or delinquency proceeding except in a prosecution for perjury or false statement.

§ 16-1003. Petition for civil protection.

Actualizada: 
13 de julio de 2021

(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, or legal 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, 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 subchapter or in an order issued under this subchapter that is stated in days or a longer unit of time:

(1) Exclude the day of the event that triggers the time period;

(2) Count every day, including intermediate Saturdays, Sundays, and legal holidays; and

(3) Include the last day of the time period, but if the last day of the time period specified falls on a Saturday, Sunday, a legal holiday, or a day on which weather or other conditions cause the court to be closed, the time period specified shall continue to run until the end of the next day that is not a Saturday, Sunday, legal holiday, or a day on which weather or other conditions cause the court to be closed.

§ 16-1004. Petition; notice; temporary order.

Actualizada: 
13 de julio de 2021

(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 section 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 hearing under this section, if a parent, guardian, custodian, or other appropriate adult has petitioned for a civil protection order on behalf of a minor petitioner 13 years of age or older, the court shall consider the expressed wishes of the minor petitioner in deciding whether to issue an order pursuant to this section and in determining the contents of such an order.

(b) Notwithstanding section 14-306, in a hearing under this section, one spouse shall be a competent and compellable witness against the other and may testify as to confidential communications, but testimony compelled over a claim of a privilege conferred by such section shall be inadmissible in evidence in a criminal trial over the objection of a spouse entitled to claim that privilege.

(c) If, after a hearing, the judicial officer finds that there is good cause to believe the respondent has committed or threatened to commit a criminal offense against the petitioner or an animal the petitioner owns, possesses, or controls, or with the consent of both parties, the judicial officer may issue a civil protection order that:

(1) Directs the respondent to refrain from committing or threatening to commit criminal offenses against the petitioner and other individuals specified in the order;

(2) Requires the respondent to stay away from or have no contact with the petitioner and any other individuals or locations specified in the order;

(3) Requires the respondent to participate in psychiatric or medical treatment or appropriate counseling programs;

(4) Directs the respondent to refrain from entering, or to vacate, the dwelling unit of the petitioner when the dwelling is:

(A) Marital property of the parties;

(B) Jointly owned, leased, or rented and occupied by both parties; provided, that joint occupancy shall not be required if the respondent’s actions caused the petitioner to relinquish occupancy;

(C) Owned, leased, or rented by the petitioner individually; or

(D) Jointly owned, leased, or rented by the petitioner and a person other than the respondent;

(5) Directs the respondent to relinquish possession or use of certain personal property owned jointly by the parties or by the petitioner individually;

(6) Awards temporary custody of a minor child or children of the parties, provided that:

(A) If, after the hearing on the civil protection order, the judicial officer finds by a preponderance of the evidence that a contestant for custody has committed an intrafamily offense, any determination that custody is to be granted to the contestant who has committed the intrafamily offense shall be supported by a written statement by the judicial officer specifying factors and findings that support that determination; and

(B) The parent who has committed the intrafamily offense shall have the burden of proving that custody will not endanger the child or significantly impair the child’s emotional development;

(7) Provides for visitation rights with appropriate restrictions to protect the safety of the petitioner, provided that:

(A) If, after the hearing on the civil protection order, the judicial officer finds by a preponderance of the evidence that a parent seeking visitation has committed an intrafamily offense, any determination that visitation is to be awarded to the parent who has committed the intrafamily offense shall be supported by a written statement by the judicial officer specifying factors and findings that support that determination, including how the child and custodial parent can be adequately protected from harm inflicted by the parent who has committed the intrafamily offense; and

(B) The parent who has committed the intrafamily offense shall have the burden of proving that visitation will not endanger the child or significantly impair the child’s emotional development;

(8) Awards costs and attorney fees;

(9) Orders the Metropolitan Police Department to take such action as the judicial officer deems necessary to enforce its orders;

(10) Directs the respondent to relinquish possession of any firearms or ammunition and prohibits the respondent from having possession or control of, purchasing, or receiving any firearm or ammunition while the protection order is in effect.

(10A) In connection with an animal owned, possessed, or controlled by the petitioner:

(A) Directs the ownership, possession, or control of the animal; or

(B) Orders the respondent to stay away from the animal and refrain from possessing, controlling, harming or threatening to harm, or otherwise disposing of the animal.

(11) Directs the respondent to perform or refrain from other actions as may be appropriate to the effective resolution of the matter; or

(12) Combines 2 or more of the preceding provisions.

(c-1) Repealed.

(d) A civil protection order issued pursuant to this section shall remain in effect for an initial period not to exceed 2 years.

(d-1)(1) A judicial officer may, upon motion of any party to the original proceeding, extend, modify, or vacate an order for good cause shown.

(2) Except as provided in paragraph (3) of this subsection, a finding that an order has been violated is not necessary for a finding of good cause to modify or extend an order.

(3) For each request for an extension, the judicial officer may extend an order for the period of time the judicial officer deems appropriate, but before granting any single extension longer than 2 years, the judicial officer shall find:

(A) That the respondent has violated the civil protection order;

(B) That prior to obtaining the order being extended, the petitioner had previously obtained a civil protection order or foreign protection order as that term is defined in subchapter IV of this chapter against the same respondent; or

(C) Other compelling circumstances related to the petitioner’s safety or welfare.

(e) Any final order issued pursuant to this section and any order granting or denying a motion to extend, modify, or vacate such order shall be appealable.

(f)(1) Violation of any temporary protection order or civil protection order issued under this subchapter, or violation in the District of Columbia of any valid foreign protection order, as that term is defined in subchapter IV of this chapter, or respondent’s failure to appear as required by subsection (a) of this section, shall be punishable as criminal contempt.

(2) Upon conviction, criminal contempt shall be punished by a fine of not more than the amount set forth in § 22-3571.01, imprisonment for not more than 180 days, or both.

(g)(1) Violation of any temporary protection order or civil protection order issued under this subchapter, or violation in the District of Columbia of any valid foreign protection order, as that term is defined in subchapter IV of this chapter, shall be chargeable as a misdemeanor.

(2) Upon conviction, violation of a temporary protection order, civil protection order, or a valid foreign protection order shall be punished by a fine of not more than the amount set forth in § 22-3571.01, imprisonment for not more than 180 days, or both.

(g-1)(1) No person shall be found to violate a temporary protection order, civil protection order, or valid foreign protection order as described in subsection (f)(1) or (g)(1) of this section, unless the person was personally served with or received actual notice of the temporary protection order, civil protection order, or valid foreign protection order.

(2) Enforcement proceedings under subsection (f) or (g) of this section in which the respondent is a child, as that term is defined in § 16-2301(3), shall be governed by subchapter I of Chapter 23 of this title.

(h) For purposes of establishing a violation under subsections (f) and (g) of this section, an oral or written statement made by a person located outside the District of Columbia to a person located in the District of Columbia by means of telecommunication, mail, or any other method of communication shall be deemed to be made in the District of Columbia.

(i) Violations of protection orders entered with the consent of the respondent but without an admission that the conduct occurred shall be punishable under subsection (f), (g), or (g-1) of this section.

§ 16-1005. Hearing; evidence; protection order.

Actualizada: 
13 de julio de 2021

(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 section 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 hearing under this section, if a parent, guardian, custodian, or other appropriate adult has petitioned for a civil protection order on behalf of a minor petitioner 13 years of age or older, the court shall consider the expressed wishes of the minor petitioner in deciding whether to issue an order pursuant to this section and in determining the contents of such an order.

(b) Notwithstanding section 14-306, in a hearing under this section, one spouse shall be a competent and compellable witness against the other and may testify as to confidential communications, but testimony compelled over a claim of a privilege conferred by such section shall be inadmissible in evidence in a criminal trial over the objection of a spouse entitled to claim that privilege.

(c) If, after a hearing, the judicial officer finds that there is good cause to believe the respondent has committed or threatened to commit a criminal offense against the petitioner or an animal the petitioner owns, possesses, or controls, or with the consent of both parties, the judicial officer may issue a civil protection order that:

(1) Directs the respondent to refrain from committing or threatening to commit criminal offenses against the petitioner and other individuals specified in the order;

(2) Requires the respondent to stay away from or have no contact with the petitioner and any other individuals or locations specified in the order;

(3) Requires the respondent to participate in psychiatric or medical treatment or appropriate counseling programs;

(4) Directs the respondent to refrain from entering, or to vacate, the dwelling unit of the petitioner when the dwelling is:

(A) Marital property of the parties;

(B) Jointly owned, leased, or rented and occupied by both parties; provided, that joint occupancy shall not be required if the respondent’s actions caused the petitioner to relinquish occupancy;

(C) Owned, leased, or rented by the petitioner individually; or

(D) Jointly owned, leased, or rented by the petitioner and a person other than the respondent;

(5) Directs the respondent to relinquish possession or use of certain personal property owned jointly by the parties or by the petitioner individually;

(6) Awards temporary custody of a minor child or children of the parties, provided that:

(A) If, after the hearing on the civil protection order, the judicial officer finds by a preponderance of the evidence that a contestant for custody has committed an intrafamily offense, any determination that custody is to be granted to the contestant who has committed the intrafamily offense shall be supported by a written statement by the judicial officer specifying factors and findings that support that determination; and

(B) The parent who has committed the intrafamily offense shall have the burden of proving that custody will not endanger the child or significantly impair the child’s emotional development;

(7) Provides for visitation rights with appropriate restrictions to protect the safety of the petitioner, provided that:

(A) If, after the hearing on the civil protection order, the judicial officer finds by a preponderance of the evidence that a parent seeking visitation has committed an intrafamily offense, any determination that visitation is to be awarded to the parent who has committed the intrafamily offense shall be supported by a written statement by the judicial officer specifying factors and findings that support that determination, including how the child and custodial parent can be adequately protected from harm inflicted by the parent who has committed the intrafamily offense; and

(B) The parent who has committed the intrafamily offense shall have the burden of proving that visitation will not endanger the child or significantly impair the child’s emotional development;

(8) Awards costs and attorney fees;

(9) Orders the Metropolitan Police Department to take such action as the judicial officer deems necessary to enforce its orders;

(10) Directs the respondent to relinquish possession of any firearms or ammunition and prohibits the respondent from having possession or control of, purchasing, or receiving any firearm or ammunition while the protection order is in effect.

(10A) In connection with an animal owned, possessed, or controlled by the petitioner:

(A) Directs the ownership, possession, or control of the animal; or

(B) Orders the respondent to stay away from the animal and refrain from possessing, controlling, harming or threatening to harm, or otherwise disposing of the animal.

(11) Directs the respondent to perform or refrain from other actions as may be appropriate to the effective resolution of the matter; or

(12) Combines 2 or more of the preceding provisions.

(c-1) Repealed.

(d) A civil protection order issued pursuant to this section shall remain in effect for an initial period not to exceed 2 years.

(d-1)(1) A judicial officer may, upon motion of any party to the original proceeding, extend, modify, or vacate an order for good cause shown.

(2) Except as provided in paragraph (3) of this subsection, a finding that an order has been violated is not necessary for a finding of good cause to modify or extend an order.

(3) For each request for an extension, the judicial officer may extend an order for the period of time the judicial officer deems appropriate, but before granting any single extension longer than 2 years, the judicial officer shall find:

(A) That the respondent has violated the civil protection order;

(B) That prior to obtaining the order being extended, the petitioner had previously obtained a civil protection order or foreign protection order as that term is defined in subchapter IV of this chapter against the same respondent; or

(C) Other compelling circumstances related to the petitioner’s safety or welfare.

(e) Any final order issued pursuant to this section and any order granting or denying a motion to extend, modify, or vacate such order shall be appealable.

(f)(1) Violation of any temporary protection order or civil protection order issued under this subchapter, or violation in the District of Columbia of any valid foreign protection order, as that term is defined in subchapter IV of this chapter, or respondent’s failure to appear as required by subsection (a) of this section, shall be punishable as criminal contempt.

(2) Upon conviction, criminal contempt shall be punished by a fine of not more than the amount set forth in § 22-3571.01, imprisonment for not more than 180 days, or both.

(g)(1) Violation of any temporary protection order or civil protection order issued under this subchapter, or violation in the District of Columbia of any valid foreign protection order, as that term is defined in subchapter IV of this chapter, shall be chargeable as a misdemeanor.

(2) Upon conviction, violation of a temporary protection order, civil protection order, or a valid foreign protection order shall be punished by a fine of not more than the amount set forth in § 22-3571.01, imprisonment for not more than 180 days, or both.

(g-1)(1) No person shall be found to violate a temporary protection order, civil protection order, or valid foreign protection order as described in subsection (f)(1) or (g)(1) of this section, unless the person was personally served with or received actual notice of the temporary protection order, civil protection order, or valid foreign protection order.

(2) Enforcement proceedings under subsection (f) or (g) of this section in which the respondent is a child, as that term is defined in § 16-2301(3), shall be governed by subchapter I of Chapter 23 of this title.

(h) For purposes of establishing a violation under subsections (f) and (g) of this section, an oral or written statement made by a person located outside the District of Columbia to a person located in the District of Columbia by means of telecommunication, mail, or any other method of communication shall be deemed to be made in the District of Columbia.(i) Violations of protection orders entered with the consent of the respondent but without an admission that the conduct occurred shall be punishable under subsection (f), (g), or (g-1) of this section.

§ 16-1006. Jurisdiction.

Actualizada: 
13 de julio de 2021

A petitioner may file a petition for protection under this subchapter if:

(1) The petitioner resides, lives, works, or attends school in the District of Columbia:

(2) The petitioner is under the legal custody of a District government agency; or

(3) The underlying offense occurred in the District of Columbia.

§ 16-1007. Notice to parties.

Actualizada: 
13 de julio de 2021

(a) Pursuant to the Rules of the Superior Court of the District of Columbia, the respondent, and in cases where the respondent is a minor, the respondent’s custodial parent, guardian, or custodian, shall be served with notice of the hearing, an order to appear, a copy of the petition, and a temporary protection order, if issued.

(b)(1) If a minor has petitioned for a civil protection order without a parent, guardian, or custodian, and if the minor is residing with a parent, guardian, or custodian, the court shall send a copy of any order issued pursuant to § 16-1004(d) and notice of the hearing to that parent, guardian, or custodian, unless, in the discretion of the court, notification of that parent, guardian, or custodian would be contrary to the best interests of the minor.

(2) If the court does not send notice to the parent, guardian, or custodian with whom the minor resides, the court may, in its discretion, send notice to any other parent, guardian, custodian, or other appropriate adult.

(c) The notice of hearing shall notify the respondent that if the respondent does not attend the hearing, the court may issue an order against the respondent that may last up to 2 years.

(d) A respondent is deemed to have been personally served and no additional proof of service is required for enforcement of an order if the respondent is present before the court when the order is issued or if the respondent is served with the order in open court.

(e)(1) At the request of the petitioner or a person petitioning on the petitioner’s behalf, or by order of the court, the Metropolitan Police Department shall attempt to serve civil process in any case filed under this subchapter that has an address for service in the District of Columbia.

(2) There is established a special unit that consists of at least 6 officers for the purpose of performing these and similar duties, including the service of anti-stalking orders or extreme risk protection orders.

Subchapter II. Parental Kidnapping

Actualizada: 
13 de julio de 2021

§ 16-1021. Definitions

Actualizada: 
13 de julio de 2021

For the purposes of this subchapter, the term:
(1) “Child” means a person under the age of 16 years of age.
(2) “District” means the District of Columbia.
(3) “Lawful custodian” means a person who is authorized to have custody by an order of the Superior Court of the District of Columbia or a court of competent jurisdiction of any state, or a person designated by the lawful custodian temporarily to care for the child.
(4) “Relative” means a parent, other ancestor, brother, sister, uncle, or aunt, or one who has been lawful custodian at some prior time.

§ 16-1022. Prohibited acts

Actualizada: 
13 de julio de 2021

(a) No parent, or any person acting pursuant to directions from the parent, may intentionally conceal a child from the child’s other parent.
(b) No relative, or any person acting pursuant to directions from the relative, who knows that another person is the lawful custodian of a child may:
(1) Abduct, take, or carry away a child with the intent to prevent a lawful custodian from exercising rights to custody of the child;
(2) Abduct, take, or carry away a child from a person with whom the relative has joint custody pursuant to an order, judgment, or decree of any court, with the intent to prevent a lawful custodian from exercising rights to custody to the child;
(3) Having obtained actual physical control of a child for a limited period of time in the exercise of the right to visit with or to be visited by the child or the right of limited custody of the child, pursuant to an order, judgment, or decree of any court, which grants custody of the child to another or jointly with the relative, with intent to harbor, secrete, detain, or conceal the child or to deprive a lawful custodian of the physical custody of the child, keep the child for more than 48 hours after a lawful custodian demands that the child be returned or makes all reasonable efforts to communicate a demand for the child’s return;
(4) Having custody of a child pursuant to an order, judgment, or decree of any court, which grants another person limited rights to custody of the child or the right to visit with or to be visited by the child, conceal, harbor, secrete, or detain the child with intent to deprive the other person of the right of limited custody or visitation;
(5) Conceal, harbor, secrete, or detain the child knowing that physical custody of the child was obtained or retained by another in violation of this subsection with the intent to prevent a lawful custodian from exercising rights to custody to the child;
(6) Act as an aider and abettor, conspirator, or accessory to any of the actions forbidden by this section;
(7) After being served with process in an action affecting the family but prior to the issuance of a temporary or final order determining custody rights to a child, take or entice the child outside of the District for the purpose of depriving a lawful custodian of physical custody of the child; or
(8) After issuance of a temporary or final order specifying joint custody rights, take or entice a child from the other joint custodian in violation of the custody order.

§ 16-1023. Defense to prosecution; continuous offenses; expenses; jurisdiction

Actualizada: 
13 de julio de 2021

(a) No person violates this subchapter if the action:
(1) Is taken to protect the child from imminent physical harm;
(2) Is taken by a parent fleeing from imminent physical harm to the parent;
(3) Is consented to by the other parent; or
(4) Is otherwise authorized by law.
(b) If a person violates § 16-1022 of this subchapter, the person may file a petition in the Superior Court of the District of Columbia that:
(1) States that at the time the act was done, a failure to do the act would have resulted in a clear and present danger to the health, safety, or welfare of the child; and
(2) Seeks to establish custody, to transfer custody, or to revise or to clarify the existing custody order; except that if the Superior Court of the District of Columbia does not have jurisdiction over the custody issue, the person shall seek to establish, transfer, revise, or clarify custody in a court of competent jurisdiction.
(c) If a petition is filed as provided in subsection (b) of this section within 5 days of the action taken, exclusive of Saturdays, Sundays, and legal holidays, a finding by the court that, at the time the act was done, a failure to do the act would have resulted in a clear and present danger to the health, safety, or welfare of the child is a complete defense to prosecution under this subchapter.
(d) A law enforcement officer may take a child into protective custody if it reasonably appears to the officer that any person is in violation of this subchapter and unlawfully will flee the District with the child.
(e) A child who has been detained or concealed shall be returned by a law enforcement officer to the lawful custodian or placed in the custody of another entity authorized by law.
(f) The offenses prohibited by this subchapter are continuous in nature and continue for so long as the child is concealed, harbored, secreted, detained, or otherwise unlawfully physically removed from the lawful custodian.
(g) Any expenses incurred by the District in returning the child shall be reimbursed to the District by any person convicted of a violation of this subchapter. Those expenses and costs reasonably incurred by the lawful custodian and child victim as a result of a violation of this subchapter shall be assessed by the court against any person convicted of the violation.
(h) Any violation of this subchapter is punishable in the District, whether the intent to commit the offense is formed within or without the District, if the child was a resident of the District, present in the District at the time of the taking, or is later found in the District.

§ 16-1024. Penalties

Actualizada: 
13 de julio de 2021

(a) A person who violates any provision of § 16-1022 and who takes the child to a place within the District, or detains or conceals the child within the District of Columbia is guilty of a misdemeanor and on conviction is subject to fine not exceeding $250 or performance of community service not exceeding 240 hours, or both.
(b) A person who violates any provision of § 16-1022 and who takes the child to a place outside the District or detains or conceals the child outside the District shall be punished as follows:
(1) If the child is out of the custody of the lawful custodian for not more than 30 days, the person is guilty of a felony and on conviction is subject to a fine not more than the amount set forth in [§ 22-3571.01] or imprisonment for 6 months, or both, except that if the person releases the child without injury in a safe place prior to arrest, the person is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $250, or performance of community service not exceeding 240 hours, or imprisonment not exceeding 30 days, or a combination of all three.
(2) If the child is out of the custody of the lawful custodian for more than 30 days, the person is guilty of a felony and on conviction is subject to a fine of not more than the amount set forth in [§ 22-3571.01] or imprisonment for 1 year, or both, except that if the person releases the child without injury in a safe place prior to arrest, the person is guilty of a misdemeanor and, on conviction, is subject to a fine not more than the amount set forth in [§ 22-3571.01] or imprisonment not exceeding 60 days, or both.

Subchapter III. Domestic Violence.

Actualizada: 
13 de julio de 2021

§ 16-1031. Arrests

Actualizada: 
13 de julio de 2021

(a) A law enforcement officer shall arrest a person if the law enforcement officer has probable cause to believe that the person:

(1) Committed an intrafamily offense that resulted in physical injury, including physical pain or illness, regardless of whether or not the intrafamily offense was committed in the presence of the law enforcement officer; or

(2) Committed an intrafamily offense that caused or was intended to cause reasonable fear of imminent serious physical injury or death.

(b) The law enforcement officer shall present the person arrested under subsection (a) of this section to the United States Attorney for charging.

(c)(1) Notwithstanding subsections (a) and (b) of this section, a law enforcement officer shall not be required to arrest a person who is under 18 years of age when there is probable cause to believe that the person has committed an intrafamily offense, where the victim of that offense is not an intimate partner, as that term is defined in § 16-1001(6A).(2) If a person is not arrested under paragraph (1) of this section, the person shall be diverted to a program that provides behavioral health and community support services.

§ 16-1032. Records.

Actualizada: 
13 de julio de 2021

Any law enforcement officer who investigates an intrafamily offense shall file a written report of the incident with the District of Columbia Metropolitan Police force (“Police force”), including the law enforcement officer’s disposition of the case. The Police force shall maintain the written report.

§ 16-1033. Civil liability.

Actualizada: 
13 de julio de 2021

A law enforcement officer shall not be civilly liable solely because he or she makes an arrest in good faith and without malice pursuant to this subchapter.

§ 16-1034. Training program.

Actualizada: 
13 de julio de 2021
(a) The Police force shall incorporate in its educational program for new law enforcement officers training in:
(1) The nature, dimension, and causes of intrafamily offenses;
(2) The legal rights and remedies available to a victim or perpetrator of an
intrafamily offense;
(3) The services and facilities available to a victim or perpetrator of an
intrafamily offense;
(4) The legal duties imposed on a police officer to enforce the provisions of
this subchapter and to offer protection and assistance to a victim of an
intrafamily offense; and
(5) Techniques for handling an intrafamily offense that minimize the
likelihood of injury to the officer and promote the safety of the victim.
(b) The training shall stress the importance of enforcing the law against
intrafamily offenses. The Police force may:
(1) Utilize the resources of any law enforcement agency or community
organization; and
(2) Invite any community organization that provides counselling or assistance
to victims of intrafamily offenses to help in planning and presenting the
training program.
(c) At least 20 hours of basic training in responding to an intrafamily
offense shall be required of any new law enforcement officer prior to the law
enforcement officer’s permanent appointment.
(d) Any currently employed law enforcement officer shall be required to
participate in an 8-hour course designed to familiarize the law enforcement
officer with the dynamics of intrafamily offenses.

Subchapter IV. Interstate Enforcement Of Domestic Violence Protection Orders; Uniform Law.

Actualizada: 
13 de julio de 2021

§ 16-1041. Definitions.

Actualizada: 
13 de julio de 2021

For purposes of this subchapter, the term:

(1) “District” means the District of Columbia.

(2) “Foreign protection order” means a protection order issued by a tribunal of another State.

(3) “Issuing State” means the State whose tribunal issues a protection order.

(4) “Mutual foreign protection order” means a foreign protection order that includes provisions in favor of both the protected individual seeking enforcement of the order and the respondent.

(5) “Protected individual” means an individual protected by a protection order.

(6) “Protection order” means an injunction or other order, whether temporary or final, issued by a tribunal for the purpose of preventing violent or threatening acts or harassment against, contact or communication with, or physical proximity to, another individual.

(7) “Respondent” means the individual against whom enforcement of a protection order is sought.

(8) “State” means a State of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term “State” includes an Indian tribe or band that has jurisdiction to issue protection orders.

(9) “Tribunal” means a court, agency, or other entity authorized by law to issue or modify a protection order.

§ 16-1042. Judicial enforcement of order.

Actualizada: 
13 de julio de 2021

(a) A person authorized by the law of the District to seek enforcement of a protection order may seek enforcement of a valid foreign protection order in a tribunal of the District. The tribunal shall enforce the terms of the order, including terms that provide relief that a tribunal of the District would lack power to provide but for this section. The tribunal shall enforce the order, whether the order was obtained by independent action or in another proceeding, if it is an order issued in response to a complaint, petition, or motion filed by or on behalf of or for the benefit of an individual seeking protection. In a proceeding to enforce a foreign protection order, the tribunal shall follow the procedures of the District for the enforcement of protection orders.

(b) Except for cases brought under § 16-1005(f) or (g), a tribunal of the District may not enforce a foreign protection order issued by a tribunal of a State that does not recognize the standing of a protected individual to seek enforcement of the order.

(c) A tribunal of the District shall enforce the provisions of a valid foreign protection order that governs custody and visitation, if the order was issued in accordance with the jurisdictional requirements governing the issuance of custody and visitation orders in the issuing State.

(d) A foreign protection order is valid if it:

(1) Identifies the protected individual and the respondent;

(2) Is currently in effect or was in effect at the time of the violation;

(3) Was issued by a tribunal that had jurisdiction over the parties and subject matter under the law of the issuing State; and

(4) Was issued after the respondent was given reasonable notice and had an opportunity to be heard before the tribunal issued the order or, in the case of an ex parte order, the respondent was given notice and has had or will have an opportunity to be heard within a reasonable time after the order was issued, in a manner consistent with the rights of the respondent to due process.

(e) A foreign protection order valid on its face is prima facie evidence of its validity.

(f) Absence of any of the criteria for validity of a foreign protection order is an affirmative defense in an action seeking enforcement of the order.

(g) A tribunal of the District may enforce provisions of a mutual foreign protection order which favor a respondent only if:

(1) The respondent filed a written pleading seeking a protection order from the tribunal of the issuing State; and

(2) The tribunal of the issuing State made specific findings in favor of the respondent.

§ 16-1043. Nonjudicial enforcement of order.

Actualizada: 
13 de julio de 2021

(a) A law enforcement officer, upon determining that there is probable cause to believe that a valid foreign protection order exists and that the order has been violated, shall enforce the order as if it were the order of a tribunal of the District. Presentation of a protection order that identifies both the protected individual and the respondent and, on its face, is currently in effect constitutes probable cause to believe that a valid foreign protection order exists. For the purposes of this section, the protection order may be inscribed on a tangible medium or may have been stored in an electronic or other medium if it is retrievable in perceivable form. Presentation of a certified copy of a protection order is not required for enforcement.

(b) If a foreign protection order is not presented, a law enforcement officer may consider other information in determining whether there is probable cause to believe that a valid foreign protection order exists.

(c) Registration or filing of an order in the District is not required for the enforcement of a valid foreign protection order pursuant to this subchapter.

§ 16-1044. Registration of order.

Actualizada: 
13 de julio de 2021

(a) The Superior Court of the District of Columbia is authorized, subject to appropriations, to create a registry in the District of Columbia for foreign protection orders and protection orders issued in the District of Columbia.

(b) Any individual may register a foreign protection order in the District. To register a foreign protection order, an individual shall:

(b (1)
(1) Present a certified copy of the order to the Superior Court; and

(b) (2)
(2) File an affidavit by the protected individual stating that, to the best of the protected individual’s knowledge, the order is currently in effect.

(c) When a registry is created pursuant to subsection (a) of this section, upon receipt of a foreign protection order, the Superior Court shall register the order in accordance with this section. After the order is registered, the Superior Court shall furnish to the individual registering the order a certified copy of the registered order. The Superior Court shall not notify or require notification of the respondent that the protection order has been registered in the District unless requested to do so by the party protected by the order.

(d) The Superior Court shall register an order upon presentation of a copy of a protection order that has been certified by the issuing State. A registered foreign protection order that is inaccurate or is not currently in effect shall be corrected or removed from the registry in accordance with the law of the District.

(e) A foreign protection order registered under this subchapter may be entered in any existing state or federal registry of protection orders, in accordance with applicable law.

(f) A fee may not be charged for the registration of a foreign protection order, nor may a fee be charged for service of a foreign order in the District of Columbia.

§ 16-1045. Immunity.

Actualizada: 
13 de julio de 2021

The District and its officers and employees, a law enforcement officer, prosecuting attorney, clerk of court, or any state or local governmental official acting in an official capacity, is immune from civil and criminal liability for conduct arising out of the registration or enforcement of a foreign protection order or the detention or arrest of an alleged violator of a foreign protection order if the conduct was done in good faith in an effort to comply with this subchapter.

§ 16-1046. Other remedies.

Actualizada: 
13 de julio de 2021

A protected individual who pursues remedies under this subchapter is not precluded from pursuing other legal or equitable remedies against the respondent.

§ 16-1047. Uniformity of application and construction.

Actualizada: 
13 de julio de 2021

In applying and construing this Uniform Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among States that enact it.

§ 16-1048. Transitional provision.

Actualizada: 
13 de julio de 2021

This subchapter applies to protection orders issued before the effective date of this subchapter and to continuing actions for enforcement of foreign protection orders commenced before the effective date of this subchapter. A request for enforcement of a foreign protection order made on or after the effective date of this subchapter for violations of a foreign protection order occurring before the effective date of this subchapter is governed by this subchapter.

Subchapter V. Domestic Violence Fatality Review Board.

Actualizada: 
13 de julio de 2021

§ 16-1051. Definitions.

Actualizada: 
13 de julio de 2021

For purposes of this subchapter, the term:

(1) “Board” means the Domestic Violence Fatality Review Board.

(2) “District” means the District of Columbia.

(3) “Domestic violence fatality” means:

(A) A homicide under any of the following circumstances:
(i) The alleged perpetrator and victim resided together at any time;
(ii) The alleged perpetrator and victim have a child in common;
(iii) The alleged perpetrator and victim were married, divorced, separated, or had a romantic relationship, not necessarily including a sexual relationship;
(iv) The alleged perpetrator is or was married to, divorced, or separated from, or in a romantic relationship, not necessarily including a sexual relationship, with a person who is or was married to, divorced, or separated from, or in a romantic relationship, not necessarily including a sexual relationship, with the victim;
(v) The alleged perpetrator had been stalking the victim;
(vi) The victim filed a petition for a protective order against the alleged perpetrator at any time;
(vii) The victim resided in the same household, was present at the workplace of, was in proximity of, or was related by blood or affinity to a person who experienced or was threatened with domestic violence by the alleged perpetrator; or
(viii) The victim or the perpetrator was or is a child, parent, sibling, grandparent, aunt, uncle, or cousin of a person in a relationship that is described within this subsection.

(B) A suicide of an individual where there were implications that the individual was the victim of domestic violence prior to his or her suicide, including the following circumstances:
(i) The victim had applied for or received a protection order within the 2-year period preceding the suicide;
(ii) The victim had undergone counseling or treatment as a result of being the victim of domestic violence within the 2-year period preceding the suicide; or
(iii) The victim had reported to the police that he or she had been the victim of domestic violence within the 2-year period preceding the suicide.

(4) “Protection order” means an injunction or other order, whether temporary or final, issued by a tribunal for the purpose of preventing violent or threatening acts or harassment against, contact or communication with, or physical proximity to, another individual.

§ 16-1052. Establishment and purpose.

Actualizada: 
13 de julio de 2021

(a) There is established, as part of the District of Columbia government, a Domestic Violence Fatality Review Board. Facilities and other administrative support may be provided in a specific department or through the Board, as determined by the Mayor.

(b) The purpose of the Board is to prevent domestic violence fatalities by improving the response of individuals, the community, and government agencies to domestic violence.

(c) The Board shall:
(1) Identify and characterize the scope and nature of domestic violence fatalities in the District of Columbia;
(2) Describe and record any trends, data, or patterns that are observed surrounding domestic violence fatalities;
(3) Examine past events and circumstances surrounding domestic violence fatalities by reviewing records and other pertinent documents of public and private agencies responsible for investigating deaths or treating victims;
(4) Develop and revise, as necessary, operating rules and procedures for review of domestic violence fatalities, including identification of cases to be reviewed, coordination among the agencies and professionals involved, and improvement of the identification, data collection, and record keeping of the causes of domestic violence fatalities;
(5) Recommend systemic improvements to promote improved and integrated public and private systems serving victims of domestic violence;
(6) Recommend components for prevention and education programs; and
(7) Recommend training to improve the identification and investigation of domestic violence fatalities.

(d) The Board shall prepare an annual report of findings, recommendations, and steps taken to implement recommendations. The report shall not contain information identifying any victim of domestic violence, or the victim’s family members, or an alleged or suspected perpetrator of abuse upon a victim. The annual report shall be submitted to the public, the Mayor, and the Council on July 1 of each year, and shall be presented to the Council at a public hearing.

§ 16-1053. Composition of the Board; procedural requirements.

Actualizada: 
13 de julio de 2021

(a) The Mayor shall appoint one representative from each of the following District agencies:

(1) Metropolitan Police Department;

(2) Office of the Chief Medical Examiner;

(3) Office of the Attorney General;

(4) Department of Corrections;

(5) Fire and Emergency Medical Services Department;

(6) Department of Behavioral Health;

(7) Department of Health;

(8) Child and Family Services Agency;

(9) Mayor’s Commission on Violence Against Women; and

(10) The Office of Victim Services and Justice Grants.

(b) The Mayor shall appoint, or request the designation of, members from federal, judicial, and private agencies or entities with expertise in domestic violence, to include one representative from each of the following:

(1) Superior Court of the District of Columbia;

(2) Office of the United States Attorney for the District of Columbia;

(3) District of Columbia hospitals;

(4) University legal clinics;

(5) Domestic violence housing organizations;

(6) Domestic violence advocacy organizations; and

(7) The federally recognized state coalition for domestic violence.

(c) The Mayor shall additionally appoint 8 community representatives, none of whom shall be employees of the District, in accordance with § 1-523.01(f).

(d) Governmental appointees shall serve at the will of the Mayor, or of the federal or judicial body designating their availability for appointment. Community representatives shall serve for 3-year terms.

(e) Vacancies in membership shall be filled in the same manner in which the original appointment was made.

(f) The Board shall select a Chairperson according to rules set forth by the Board.(g) The Board shall establish quorum and other procedural requirements as it considers necessary.

§ 16-1054. Access to information.

Actualizada: 
13 de julio de 2021

(a) Notwithstanding any other provision of law, immediately upon the request of the Board and as necessary to carry out the Board’s purpose and duties, the Board shall be provided, without cost and without authorization of the persons to whom the information or records relate, access to:

(1) All information and records of any District of Columbia agency, or their contractors, including, but not limited to, birth and death certificates, law enforcement investigation data, unexpurgated juvenile and adult criminal records, intellectual and developmental disabilities records, autopsy reports, parole and probation information and records, school records, and information records of social services, housing, and health agencies that provided services to the victim, the victim’s family, or an alleged perpetrator of domestic violence which led to the death of the victim;

(2) All information and records of any private health-care providers located in the District of Columbia, including providers of mental health services who provided services to the deceased victim, the deceased victim’s family, or the alleged perpetrator of domestic violence which led to the death of the victim;

(3) All information and records of any private child welfare agency, educational facility or institution, or child care provider doing business in the District of Columbia who provided services to the victim, the victim’s immediate family, or the alleged perpetrator of domestic violence which led to the death of the victim; and

(4) Information made confidential by §§ 4-1302.03, 4-1303.06, [7-231.24], 7-1203.02, 7-1305.12, 16-2331, 16-2332, 16-2333, 16-2335, and 31-3426.

(b) The Board shall have the authority to seek information from entities and agencies outside the District of Columbia by any legal means.

(c) Notwithstanding subsection (a)(1) of this section, information and records concerning a current law enforcement investigation may be withheld, at the discretion of the investigating authority, if disclosure of the information would compromise a criminal investigation or prosecution.

(d) If information or records are withheld under subsection (c) of this section, a report on the status of the investigation shall be submitted to the Board by the investigating authority every 3 months until the earliest of the following events occurs:

(1) The investigation is concluded;

(2) The investigating authority determines that providing the information will no longer compromise the investigation; or

(3) The information or records are provided to the Board.

(e) All records and information obtained by the Board pursuant to subsections (a) and (b) of this section pertaining to the deceased victim or any other individual shall be destroyed immediately following the preparation of the Board’s annual report. All additional information concerning a review, except statistical data, shall be destroyed by the Board one year after publication of the Board’s annual report.

§ 16-1055. Subpoena power.

Actualizada: 
13 de julio de 2021

(a) When necessary for the discharge of its duties, the Board shall have the authority to issue subpoenas to compel witnesses to appear and testify and to produce books, papers, correspondence, memoranda, documents, or other relevant records.

(b) Except as provided in subsection (c) of this section, subpoenas hall be served personally upon the witness or his or her designated agent, not less than 5 business days before the date the witness must appear or the documents must be produced, by one of the following methods, which may be attempted concurrently or successively:

(1) By a special process server, at least 18 years of age, designated by the Board from among the staff of the Board or any of the offices or organizations represented on the Board; provided, that the special process server is not directly involved in the investigation; or

(2) By a special process server, at least 18 years of age, engaged by the Board.

(c) If, after a reasonable attempt, personal service on a witness or witness’ agent cannot be obtained, a special process server identified in subsection (b) of this section may serve a subpoena by registered or certified mail not less than 8 business days before the date the witness must appear or the documents must be produced.

(d) If a witness who has been personally summoned neglects or refuses to obey the subpoena issued pursuant to subsection (a) of this section, the Board may report that fact to the Superior Court of the District of Columbia and the court may compel obedience to the subpoena to the same extent as witnesses may be compelled to obey the subpoenas of the court.

§ 16-1056. Confidentiality of information and proceedings; penalty for unlawful disclosure of information.

Actualizada: 
13 de julio de 2021

(a) Except as provided in this section, information and records obtained or created by the Board are confidential and not subject to civil discovery or to disclosure pursuant to subchapter II of Chapter 5 of Title 2.

(b) Information and records presented to the Board for review shall not be immune from subpoena, discovery, or prohibited from being introduced into evidence solely because they were presented to or reviewed by the Board if the information and records have been obtained through other sources.

(c) Information required to be reported under §§ 4-1321.02 and 4-1321.03 shall be disclosed by the Board to the Child and Family Services Agency.

(d) An individual who appears before or participates in the Board’s review of domestic violence cases shall sign a confidentiality agreement acknowledging that any information provided to the Board is confidential.

(e) Board meetings are closed to the public and are not subject to § 1- 207.42.

(f) Information identifying a victim of domestic violence or that person’s family members, or an alleged perpetrator of abuse upon the victim, shall not be disclosed in any report that is available to the public.

(g)(1) Whoever discloses, receives, makes use of, or knowingly permits the use of information concerning a victim or other person in violation of this section shall be subject to a fine of not more than $1,000.

(2) Violations of this section shall be prosecuted by the Office of the Attorney General in the name of the District of Columbia.

(3) Subject to appropriation for this purpose, any fines collected pursuant to this section shall be used by the Board to fund its activities.

§ 16-1057. Immunity.

Actualizada: 
13 de julio de 2021

(a) Any health-care provider or any other person or institution providing information to the Board pursuant to this subchapter shall have immunity from liability, administrative, civil, or criminal, that might otherwise be incurred or imposed with respect to the disclosure of information.

(b) If acting in good faith, without malice, and within the parameters of the protocols established by this subchapter, representatives of the Board are immune from civil liability for an activity related to reviews of domestic violence fatalities.

§ 16-1058. Rules.

Actualizada: 
13 de julio de 2021

The Mayor shall issue rules implementing the provisions of this subchapter. The rules shall require that a subordinate agency director to whom a recommendation is directed by the Board shall respond in writing within 30 days of the issuance of the report containing the recommendations.

Chapter 10A. Anti-Stalking Orders.

Actualizada: 
13 de julio de 2021

§ 16-1061. Definitions.

Actualizada: 
13 de julio de 2021

For the purposes of this chapter, 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) “Judicial officer” means the Chief Judge, a Senior Judge, an Associate Judge, or a Magistrate Judge of the court.

(4) “Minor” means a person under 18 years of age.

(4) “Petitioner” means the person for whom an anti-stalking order is sought under this chapter.

(6) “Respondent” means any person against whom a petition for an anti-stalking order is filed under this chapter.

(7) “Stalked” means any course of conduct prohibited by § 22-3133.

§ 16-1062. Petition for anti-stalking order; representation.

Actualizada: 
13 de julio de 2021

(a) A person 16 years of age or older may petition the court for an anti-stalking order against another person who has allegedly stalked the petitioner, with at least one occasion of the course of conduct occurring within the 90 days prior to the date of petitioning.

(b) A minor who is less than 16 years of age may not petition the court for an anti-stalking order on their own behalf.

(c)(1) The parent, legal guardian, or legal custodian of a minor may file a petition for an anti-stalking order on the minor’s behalf.

(2) A person 18 years of age or older to whom the minor is related by blood, adoption, legal custody, marriage, or domestic partnership may, at the request of a minor 13 years of age or older, petition for an anti-stalking order on the minor’s behalf:

(d)(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 chapter.

(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 an anti-stalking order;

(B) The Office of the Attorney General withdraws from the intervention.

(e) The court 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 anti-stalking order or anti-stalking order.

(f) When computing a time period specified in this chapter or in an order issued under this chapter that is stated in days or a longer unit of time:

(1) Exclude the day of the event that triggers the time period;

(2) Count every day, including intermediate Saturdays, Sundays, and legal holidays; and

(3) Include the last day of the time period, but if the last day of the time period specified falls on a Saturday, Sunday, a legal holiday, or a day on which weather or other conditions cause the court to be closed, the time period specified shall continue to run until the end of the next day that is not a Saturday, Sunday, legal holiday, or a day on which weather or other conditions cause the court to be closed.

§ 16-1063. Petition; temporary anti-stalking order.

Actualizada: 
13 de julio de 2021

(a) Upon receipt of a petition filed pursuant to § 16-1062, the court shall:

(1) Order that a hearing be held to determine whether to issue an anti-stalking order against the respondent; and

(2) Where appropriate, consolidate the case with other matters before the court involving the same parties.

(b) When petitioning for an anti-stalking order, a petitioner or a person petitioning on the petitioner’s behalf may also request that a temporary anti-stalking order be issued without notice to the respondent.

(c) If the petitioner or the person petitioning on the petitioner’s behalf requests that the court issue a temporary anti-stalking order pursuant to subsection (b) of this section, the court shall grant or deny the request after a hearing held 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 after a hearing held the next day the court is open.

(d) The court may issue a temporary anti-stalking order if the petitioner or the person petitioning on the petitioner’s behalf establishes that the safety or welfare of the petitioner, the petitioner’s household member, or an animal the petitioner owns, possesses, or has control of, is immediately endangered by the respondent.

(e)(1) A temporary anti-stalking order shall remain in effect for an initial period not to exceed 14 days.

(2) The court may extend a temporary anti-stalking order as necessary to complete service and the hearing on the petition:

(A) In 14-day increments;

(B) In increments up to 28 days for good cause; or

(C) For a longer time period with the consent of both parties.

(f) The court may modify or terminate a temporary anti-stalking order.

(g) If a respondent fails to appear for a hearing on a petition for an anti-stalking order after having been served with notice of the hearing, a petition, and a temporary anti-stalking order in accordance with the Rules of the Superior Court of the District of Columbia, and the court issues an anti-stalking order in accordance with § 16-1063(d), the temporary anti-stalking order shall remain in effect until the respondent is served with the anti-stalking order or the anti-stalking order expires, whichever occurs first.

(h) A temporary anti-stalking order may include any of the relief set forth in § 16-1064(c).

(i) A temporary anti-stalking order issued pursuant to this section shall include a notice explaining that:

(1) If the day on which the temporary anti-stalking order is set to expire falls on a Saturday, Sunday, a day observed as a holiday by the court, or a day on which weather or other conditions cause the court to be closed, the temporary anti-stalking order shall remain in effect until the end of the next day on which the court is open; and

(2) If the respondent fails to appear for a hearing on a petition for an anti-stalking order, after having been served, and a final anti-stalking order is entered, the temporary anti-stalking order shall remain in effect until the respondent is served with the anti-stalking order or the anti-stalking order expires, whichever occurs first.

§ 16-1064. Hearing; evidence; anti-stalking order.

Actualizada: 
13 de julio de 2021

(a) Parties served with notice in accordance with § 16-1065 shall appear at the hearing.

(b)(1) In a case in which the Attorney General intervenes pursuant to § 16-1062(d)(1)(A), the petitioner is not a required party.

(2) In a case in which an individual described in § 16-1062(c)(1) filed a petition on behalf of a minor petitioner under the age of 13, the minor petitioner is not a required party.

(c) If, after a hearing, the judicial officer finds by a preponderance of the evidence that the respondent stalked the petitioner, with at least one occasion of the course of conduct occurring within the 90 days prior to the date of petitioning, or after receiving the parties’ consent, a judicial officer may issue an anti-stalking 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) Directs the respondent to relinquish possession or use of certain personal property owned jointly by the parties or by the petitioner individually;

(4) Awards costs and attorney fees;

(5) Orders the Metropolitan Police Department to take such action as the judicial officer deems necessary to enforce its orders;

(6) In connection with an animal owned, possessed, or controlled by the petitioner, 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;

(7) Directs the respondent to perform or refrain from other actions as may be appropriate to the effective resolution of the matter;

(8) 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 anti-stalking order is in effect; or

(9) Combines 2 or more of the preceding provisions.

(d) An anti-stalking order issued pursuant to this section shall remain in effect for an initial period not to exceed 2 years.

(e)(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) 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 the 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 anti-stalking order;

(B) That prior to obtaining the order being extended, the petitioner had previously obtained an anti-stalking order against the same respondent; or

(C) Other compelling circumstances related to the petitioner’s safety or welfare.

(f) 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.

(g)(1) Violation of any temporary anti-stalking order or anti-stalking order issued under 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.

(h)(1) Violation of any temporary anti-stalking order or anti-stalking order issued under this chapter shall be chargeable as a misdemeanor.

(2) Upon conviction, violation of any temporary anti-stalking order or anti-stalking 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.

(i)(1) No person shall be found to violate a temporary anti-stalking order or anti-stalking order as described in subsection (g)(1) or (h)(1) of this section, unless the person was personally served with or received actual notice of the temporary anti-stalking order or anti-stalking order.

(2) For the purposes of establishing a violation under subsection (f) or (g) of this section, an oral or written statement made by the respondent 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.

(j) Violations of temporary anti-stalking orders or anti-stalking orders entered with the consent of the respondent but without an admission that the conduct occurred shall be punishable under subsection (f) or (g) of this section.

§ 16-1065. Notice to the parties.

Actualizada: 
13 de julio de 2021

(a) Pursuant to the Rules of the Superior Court of the District of Columbia, the respondent shall be served with notice of the hearing, an order to appear, a copy of the petition, and a temporary anti-stalking order, if issued.

(b)(1) If a minor has petitioned for an anti-stalking order without a parent, guardian, or custodian, and if the minor is residing with a parent, guardian, or custodian, the court shall send a copy of any order issued pursuant to § 16-1063(d) and notice of the hearing to that parent, guardian, or custodian, unless, in the discretion of the court, notification of that parent, guardian, or custodian would be contrary to the best interests of the minor.

(2) If the court does not send notice to the parent, guardian, or custodian with whom the minor resides, the court may, in its discretion, send notice to any other parent, guardian, custodian, or other appropriate adult.

(c) The notice of hearing shall notify the respondent that if the respondent does not attend the hearing, the court may issue an order against the respondent that may last up to 2 years.

(d) A respondent is deemed to have been personally served and no additional proof of service is required for enforcement of an order if the respondent is present before the court when the order is issued or if the respondent is served with the order in open court.

(e) At the request of the petitioner, the Metropolitan Police Department may attempt to serve civil process in any case filed under this chapter that has an address for service in the District of Columbia.

Chapter 46. Uniform Child–Custody Jurisdiction and Enforcement.

Actualizada: 
13 de julio de 2021

Subchapter II. Jurisdiction.

Actualizada: 
13 de julio de 2021

§ 16-4602.01. Initial child-custody jurisdiction.

Actualizada: 
13 de julio de 2021

(a) Except as otherwise provided in section 16-4602.04, a court of the District has jurisdiction to make an initial child-custody determination only if:

(1) The District is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within 6 months before the commencement of the proceeding and the child is absent from the District, but a parent or person acting as a parent continues to live in the District;

(2) A court of another state does not have jurisdiction under paragraph (1) of this subsection, or a court of the home state of the child has declined to exercise jurisdiction on the ground that the District is the more appropriate forum under sections 16-4602.07 or 16-4602.08, and:

(A) The child and the child’s parents, or the child and at least one parent or a person acting as a parent, have a significant connection with the District other than mere physical presence; and

(B) Substantial evidence is available in the District concerning the child’s care, protection, training, and personal relationships;

(3) All courts having jurisdiction under paragraph (1) or (2) of this subsection have declined to exercise jurisdiction on the ground that a court of the District is the more appropriate forum to determine the custody of the child under sections 16-4602.07 or 16-4602.08; or

(4) No court of any other state would have jurisdiction under the criteria specified in paragraph (1), (2), or (3) of this subsection.

(b) Subsection (a) of this section is the exclusive jurisdictional basis for making a child-custody determination by a court of the District.

(c) Physical presence of, or personal jurisdiction over, a party or a child is not necessary or sufficient to make a child-custody determination.

Division IV. Criminal Law and Procedure and Prisoners.

Actualizada: 
13 de julio de 2021

Title 22. Criminal Offenses and Penalties.

Actualizada: 
13 de julio de 2021

Subtitle I. Criminal Offenses.

Actualizada: 
13 de julio de 2021

Chapter 3. Arson.

Actualizada: 
13 de julio de 2021

§ 22-303. Malicious burning, destruction, or injury of another's property.

Actualizada: 
13 de julio de 2021

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.

Chapter 4. Assault; Mayhem; Threats.

Actualizada: 
13 de julio de 2021

§ 22-404. Assault or threatened assault in a menacing manner; stalking.

Actualizada: 
13 de julio de 2021

(a)(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.

(b) Repealed.

(c) Repealed.

(d) Repealed.

(e) Repealed.

§ 22-404.01. Aggravated assault.

Actualizada: 
13 de julio de 2021

(a) A person commits the offense of aggravated assault if:

(1) By any means, that person knowingly or purposely causes serious bodily injury to another person; or

(2) Under circumstances manifesting extreme indifference to human life, that person intentionally or knowingly engages in conduct which creates a grave risk of serious bodily injury to another person, and thereby causes serious bodily injury.

(b) Any person convicted of aggravated assault shall be fined not more than the amount set forth in § 22-3571.01 or be imprisoned for not more than 10 years, or both.

(c) Any person convicted of attempted aggravated assault shall be fined not more than the amount set forth in § 22-3571.01 or be imprisoned for not more than 5 years, or both.

§ 22-407. Threats to do bodily harm.

Actualizada: 
13 de julio de 2021

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.

Chapter 9A. Criminal Abuse and Neglect of Vulnerable Adults.

Actualizada: 
13 de julio de 2021

§ 22-933. Criminal Abuse of a Vulnerable Adult.

Actualizada: 
13 de julio de 2021

A person is guilty of criminal abuse of a vulnerable adult or elderly person if that person intentionally or knowingly:
(1) Inflicts or threatens to inflict physical pain or injury by hitting, slapping, kicking, pinching, biting, pulling hair or other corporal means;
(2) Uses repeated or malicious oral or written statements that would be considered by a reasonable person to be harassing or threatening; or
(3) Imposes unreasonable confinement or involuntary seclusion, including but not limited to, the forced separation from other persons against his or her will or the directions of any legal representative.

Chapter 10. Cruelty to Animals.

Actualizada: 
13 de julio de 2021

§ 22-1001. Definitions and penalties.

Actualizada: 
13 de julio de 2021

(a)(1) Whoever knowingly overdrives, overloads, drives when overloaded, overworks, tortures, torments, deprives of necessary sustenance, cruelly chains, cruelly beats or mutilates, any animal, or knowingly causes or procures any animal to be so overdriven, overloaded, driven when overloaded, overworked, tortured, tormented, deprived of necessary sustenance, cruelly chained, cruelly beaten, or mutilated, and whoever, having the charge or custody of any animal, either as owner or otherwise, knowingly inflicts unnecessary cruelty upon the same, or unnecessarily fails to provide the same with proper food, drink, air, light, space, veterinary care, shelter, or protection from the weather, shall for every such offense be punished by imprisonment in jail not exceeding 180 days, or by fine not exceeding $250, or by both.

(2) The court may order a person convicted of cruelty to animals:

(A) To obtain psychological counseling, psychiatric or psychological evaluation, or to participate in an animal cruelty prevention or education program, and may impose the costs of the program or counseling on the person convicted;

(B) To forfeit any rights in the animal or animals subjected to cruelty;

(C) To repay the reasonable costs incurred prior to judgment by any agency caring for the animal or animals subjected to cruelty; and

(D) Not to own or possess an animal for a specified period of time.

(3) The court may order a child adjudicated delinquent for cruelty to animals to undergo psychiatric or psychological evaluation, or to participate in appropriate treatment programs or counseling, and may impose the costs of the program or counseling on the person adjudicated delinquent.

(b) For the purposes of this section, “cruelly chains” means attaching an animal to a stationary object or a pulley by means of a chain, rope, tether, leash, cable, or similar restraint under circumstances that may endanger its health, safety, or well-being. Cruelly chains includes, but is not limited to, the use of a chain, rope, tether, leash, cable or similar restraint that:

(1) Exceeds 1/8 the body weight of the animal;

(2) Causes the animal to choke;

(3) Is too short for the animal to move around or for the animal to urinate or defecate in a separate area from the area where it must eat, drink, or lie down;

(4) Is situated where it can become entangled;

(5) Does not permit the animal access to food, water, shade, dry ground, or shelter; or

(6) Does not permit the animal to escape harm.

(c) For the purposes of this section, “serious bodily injury” means bodily injury that involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, mutilation, or protracted loss or impairment of the function of a bodily member or organ. Serious bodily injury includes, but is not limited to, broken bones, burns, internal injuries, severe malnutrition, severe lacerations or abrasions, and injuries resulting from untreated medical conditions.

(d) Except where the animal is an undomesticated and dangerous animal such as rats, bats, and snakes, and there is a reasonable apprehension of an imminent attack by such animal on that person or another, whoever commits any of the acts or omissions set forth in subsection (a) of this section with the intent to commit serious bodily injury or death to an animal, or whoever, under circumstances manifesting extreme indifference to animal life, commits any of the acts or omissions set forth in subsection (a) of this section which results in serious bodily injury or death to the animal, shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment not exceeding 5 years, or by a fine not exceeding $25,000, or both.

§ 22-1002. Other cruelties to animals.

Actualizada: 
13 de julio de 2021

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.

Chapter 11. Cruelty to Children.

Actualizada: 
13 de julio de 2021

§ 22-1101. Definition and penalty.

Actualizada: 
13 de julio de 2021

(a) A person commits the crime of cruelty to children in the first degree if that person intentionally, knowingly, or recklessly tortures, beats, or otherwise willfully maltreats a child under 18 years of age or engages in conduct which creates a grave risk of bodily injury to a child, and thereby causes bodily injury.

(b) A person commits the crime of cruelty to children in the second degree if that person intentionally, knowingly, or recklessly:

(1) Maltreats a child or engages in conduct which causes a grave risk of bodily injury to a child; or

(2) Exposes a child, or aids and abets in exposing a child in any highway, street, field house, outhouse or other place, with intent to abandon the child.

(c)(1) Any person convicted of cruelty to children in the first degree shall be fined not more than the amount set forth in § 22-3571.01 or be imprisoned not more than 15 years, or both.

(2) Any person convicted of cruelty to children in the second degree shall be fined not more than the amount set forth in § 22-3571.01 or be imprisoned not more than 10 years, or both.

Chapter 13A. Entry Into a Motor Vehicle, Unlawful.

Actualizada: 
13 de julio de 2021

§ 22-1341. Unlawful entry of a motor vehicle.

Actualizada: 
13 de julio de 2021

(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.(c-1) A violation of § 35-252, shall not constitute a violation of this section.

Chapter 14. False Pretenses; False Personation

Actualizada: 
13 de julio de 2021

§ 22-1402. Recordation of deed, contract, or conveyance with intent to extort money

Actualizada: 
13 de julio de 2021

Whoever having no title or color of title to the land affected shall maliciously cause to be recorded in the office of the Recorder of Deeds of the District of Columbia any deed, contract, or other instrument purporting to convey or to relate to any land in said District with intent to extort money or anything of value from any person owning such land, or having any interest therein, shall be fined not less than $1,000 and not more than the amount set forth in § 22-3571.01 or imprisoned not more than 180 days, or both

Chapter 18. General Offenses.

Actualizada: 
13 de julio de 2021

§ 22-1810. Threatening to kidnap or injure a person or damage his property.

Actualizada: 
13 de julio de 2021

Whoever threatens within the District of Columbia to kidnap any person or to injure the person of another or physically damage the property of any person or of another person, in whole or in part, shall be fined not more than the amount set forth in § 22-3571.01 or imprisoned not more than 20 years, or both.

Chapter 18A. Human Trafficking

Actualizada: 
13 de julio de 2021

§ 22-1833. Trafficking in labor or commercial sex acts.

Actualizada: 
13 de julio de 2021

It is unlawful for an individual or a business to recruit, entice, harbor, transport, provide, obtain, or maintain by any means a person, knowing, or in reckless disregard of the fact that:

(1) Coercion will be used or is being used to cause the person to provide labor or services or to engage in a commercial sex act; or

(2) The person is being placed or will be placed or kept in debt bondage.

§ 22-1834. Sex trafficking of children.

Actualizada: 
13 de julio de 2021

(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.

Chapter 19. Incest.

Actualizada: 
13 de julio de 2021

§ 22-1901. Definition and penalty.

Actualizada: 
13 de julio de 2021

If any person in the District related to another person within and not including the fourth degree of consanguinity, computed according to the rules of the Roman or civil law, shall marry or cohabit with or have sexual intercourse with such other so-related person, knowing him or her to be within said degree of relationship, the person so offending shall be deemed guilty of incest, and, on conviction thereof, shall be punished by imprisonment for not more than 12 years. 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.

Chapter 20. Kidnapping.

Actualizada: 
13 de julio de 2021

§ 22-2001. Definition and penalty; conspiracy.

Actualizada: 
13 de julio de 2021

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. 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.

Chapter 22. Obscenity.

Actualizada: 
13 de julio de 2021

§ 22-2201. Certain obscene activities and conduct declared unlawful; definitions; penalties; affirmative defenses; exception.

Actualizada: 
13 de julio de 2021

(a)(1) It shall be unlawful in the District of Columbia for a person knowingly:

(A) To sell, deliver, distribute, or provide, or offer or agree to sell, deliver, distribute, or provide any obscene, indecent, or filthy writing, picture, sound recording, or other article or representation;

(B) To present, direct, act in, or otherwise participate in the preparation or presentation of, any obscene, indecent, or filthy play, dance, motion picture, or other performance;

(C) To pose for, model for, print, record, compose, edit, write, publish, or otherwise participate in preparing for publication, exhibition, or sale, any obscene, indecent, or filthy writing, picture, sound recording, or other article or representation;

(D) To sell, deliver, distribute, or provide, or offer or agree to sell, deliver, distribute or provide any article, thing, or device which is intended for or represented as being for indecent or immoral use;

(E) To create, buy, procure, or possess any matter described in the preceding subparagraphs of this paragraph with intent to disseminate such matter in violation of this subsection;

(F) To advertise or otherwise promote the sale of any matter described in the preceding subparagraphs of this paragraph; or

(G) To advertise or otherwise promote the sale of material represented or held out by such person to be obscene.

(2)(A) For purposes of subparagraph (E) of paragraph (1) of this subsection, the creation, purchase, procurement, or possession of a mold, engraved plate, or other embodiment of obscenity specially adapted for reproducing multiple copies or the possession of more than 3 copies, of obscene, indecent, or filthy material shall be prima facie evidence of an intent to disseminate such material in violation of this subsection.

(B) For purposes of paragraph (1) of this subsection, the term “knowingly” means having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry of, the character and content of any article, thing, device, performance, or representation described in paragraph (1) of this subsection which is reasonably susceptible of examination.

(3) When any person is convicted of a violation of this subsection, the court in its judgment of conviction may, in addition to the penalty prescribed, order the confiscation and disposal of any materials described in paragraph (1) of this subsection, which were named in the charge against such person and which were found in the possession or under the control of such person at the time of such person’s arrest.

(b)(1) It shall be unlawful in the District of Columbia for any person knowingly:

(A) To sell, deliver, distribute, or provide, or offer or agree to sell, deliver, distribute, or provide to a minor:

(i) Any picture, photograph, drawing, sculpture, motion picture film, or similar visual representation or image of a person or portion of the human body, which depicts nudity, sexual conduct, or sado-masochistic abuse and which taken as a whole is patently offensive because it affronts prevailing standards in the adult community as a whole with respect to what is suitable material for minors; or

(ii) Any book, magazine, or other printed matter however reproduced or sound recording, which depicts nudity, sexual conduct, or sado-masochistic abuse or which contains explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct, or sado-masochistic abuse and which taken as a whole is patently offensive because it affronts prevailing standards in the adult community as a whole with respect to what is suitable material for minors; or

(B) To exhibit to a minor, or to sell or provide to a minor an admission ticket to, or pass to, or to admit a minor to, premises whereon there is exhibited, a motion picture, show, or other presentation which, in whole or in part, depicts nudity, sexual conduct, or sado-masochistic abuse and which taken as a whole is patently offensive because it affronts prevailing standards in the adult community as a whole with respect to what is suitable material for minors.

(2) For purposes of paragraph (1) of this subsection:

(A) The term “minor” means any person under the age of 17 years.

(B) The term “nudity” includes the showing of the human male or female genitals, pubic area or buttocks with less than a full opaque covering, or the showing of the female breast with less than a full opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state.

(C) The term “sexual conduct” includes acts of sodomy, masturbation, homosexuality, sexual intercourse, or physical contact with a person’s clothed or unclothed genitals, pubic area, buttocks, or, if such person be a female, breast.

(D) The term “sexual excitement” includes the condition of human male or female genitals when in a state of sexual stimulation or arousal.

(E) The term “sado-masochistic abuse” includes flagellation or torture by or upon a person clad in undergarments or a mask or bizarre costume, or the condition of being fettered, bound, or otherwise physically restrained on the part of one so clothed.

(F) The term “knowingly” means having a general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry or both of:

(i) The character and content of any material described in paragraph (1) of this subsection which is reasonably susceptible of examination by the defendant; and

(ii) The age of the minor.

(c) It shall be an affirmative defense to a charge of violating subsection (a) or (b) of this section that the dissemination was to institutions or individuals having scientific, educational, or other special justification for possession of such material.

(d) Nothing in this section shall apply to a licensee under the Communications Act of 1934 (47 U.S.C. § 151 et seq.) while engaged in activities regulated pursuant to such Act.

(e) A person convicted of violating subsection (a) or (b) of this section shall for the 1st offense be fined not more than the amount set forth in § 22-3571.01 or imprisoned not more than 180 days, or both. A person convicted of a 2nd or subsequent offense under subsection (a) or (b) of this section shall be fined not less than $1,000 and not more than the amount set forth in § 22-3571.01 or imprisoned not less than 6 months or more than 3 years, or both.

Chapter 27. Prostitution; Pandering.

Actualizada: 
13 de julio de 2021

§ 22-2704. Abducting or enticing child from his or her home for purposes of prostitution; harboring such child.

Actualizada: 
13 de julio de 2021

(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.

§ 22-2705. Pandering; inducing or compelling an individual to engage in prostitution.

Actualizada: 
13 de julio de 2021

(a) It is unlawful for any person, within the District of Columbia to:

(1) Place or cause, induce, entice, procure, or compel the placing of any individual in the charge or custody of any other person, or in a house of prostitution, with intent that such individual shall engage in prostitution;

(2) Cause, compel, induce, entice, or procure or attempt to cause, compel, induce, entice, or procure any individual:

(A) To reside with any other person for the purpose of prostitution;

(B) To reside or continue to reside in a house of prostitution; or

(C) To engage in prostitution; or

(3) Take or detain an individual against the individual’s will, with intent to compel such individual by force, threats, menace, or duress to marry the abductor or to marry any other person.

(b) It is unlawful for any parent, guardian, or other person having legal custody of the person of an individual, to consent to the individual’s being taken, detained, or used by any person, for the purpose of prostitution or a sexual act or sexual contact.

(c)(1) Except as provided in paragraph (2) of this subsection, a person who violates subsection (a) or (b) of this section shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not more than 5 years, or by a fine of not more than the amount set forth in § 22-3571.01, or both.

(2) A person who violates subsection (a) or (b) of this section when the individual so placed, caused, compelled, induced, enticed, procured, taken, detained, or used or attempted to be so placed, caused, compelled, induced, enticed, procured, taken, detained, or used is under the age of 18 years shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not more than 20 years or by a fine of not more than the amount set forth in § 22-3571.01, or both.

§ 22-2706. Compelling an individual to live life of prostitution against his or her will.

Actualizada: 
13 de julio de 2021

(a) It is unlawful for any person, within the District of Columbia, by threats or duress, to detain any individual against such individual’s will, for the purpose of prostitution or a sexual act or sexual contact, or to compel any individual against such individual’s will, to reside with him or her or with any other person for the purposes of prostitution or a sexual act or sexual contact.

(b)(1) Except as provided in paragraph (2) of this subsection, a person who violates subsection (a) of this section shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not more than 15 years or by a fine of not more than the amount set forth in § 22-3571.01, or both.

(2) A person who violates subsection (a) of the section when the individual so detained or compelled is under the age of 18 years shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not more than 20 years or by a fine of not more than the amount set forth in § 22-3571.01, or both.

§ 22-2708. Causing spouse or domestic partner to live in prostitution.

Actualizada: 
13 de julio de 2021

Any person who by force, fraud, intimidation, or threats, places or leaves, or procures any other person or persons to place or leave, a spouse or domestic partner in a house of prostitution, or to lead a life of prostitution, shall be guilty of a felony, and upon conviction thereof shall be imprisoned not less than one year nor more than 10 years. In addition to any other penalty provided under this section, a person may be fined an amount not more than the amount set forth in § 22-3571.01.

§ 22-2709. Detaining an individual in disorderly house for debt there contracted.

Actualizada: 
13 de julio de 2021

Any person or persons who attempt to detain any individual in a disorderly house or house of prostitution because of any debt or debts such individual has contracted, or is said to have contracted, while living in said house of prostitution or disorderly house shall be guilty of a felony, and on conviction thereof be imprisoned for a term not less than one year nor more than 5 years. 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.

Chapter 30. Sexual Abuse.

Actualizada: 
13 de julio de 2021

Subchapter II. Sex Offenses.

Actualizada: 
13 de julio de 2021

§ 22-3002. First degree sexual abuse.

Actualizada: 
13 de julio de 2021

(a) A person shall be imprisoned for any term of years or for life, and in addition, may be fined not more than the amount set forth in § 22-3571.01, if that person engages in or causes another person to engage in or submit to a sexual act in the following manner:

(1) By using force against that other person;

(2) By threatening or placing that other person in reasonable fear that any person will be subjected to death, bodily injury, or kidnapping;

(3) After rendering that other person unconscious; or

(4) After administering to that other person by force or threat of force, or without the knowledge or permission of that other person, a drug, intoxicant, or other similar substance that substantially impairs the ability of that other person to appraise or control his or her conduct.

(b) The court may impose a prison sentence in excess of 30 years only in accordance with § 22-3020 or § 24-403.01(b-2). For purposes of imprisonment following revocation of release authorized by § 24-403.01(b)(7), the offense defined by this section is a Class A felony.

§ 22-3003. Second degree sexual abuse.

Actualizada: 
13 de julio de 2021

A person shall be imprisoned for not more than 20 years and may be fined not more than the amount set forth in § 22-3571.01, if that person engages in or causes another person to engage in or submit to a sexual act in the following manner:

(1) By threatening or placing that other person in reasonable fear (other than by threatening or placing that other person in reasonable fear that any person will be subjected to death, bodily injury, or kidnapping); or

(2) Where the person knows or has reason to know that the other person is:

(A) Incapable of appraising the nature of the conduct;

(B) Incapable of declining participation in that sexual act; or

(C) Incapable of communicating unwillingness to engage in that sexual act.

§ 22-3004. Third degree sexual abuse.

Actualizada: 
13 de julio de 2021

A person shall be imprisoned for not more than 10 years and may be fined not more than the amount set forth in § 22-3571.01, if that person engages in or causes sexual contact with or by another person in the following manner:

(1) By using force against that other person;

(2) By threatening or placing that other person in reasonable fear that any person will be subjected to death, bodily injury, or kidnapping;

(3) After rendering that person unconscious; or

(4) After administering to that person by force or threat of force, or without the knowledge or permission of that other person, a drug, intoxicant, or similar substance that substantially impairs the ability of that other person to appraise or control his or her conduct.

§ 22-3005. Fourth degree sexual abuse.

Actualizada: 
13 de julio de 2021

A person shall be imprisoned for not more than 5 years and, in addition, may be fined not more than the amount set forth in § 22-3571.01, if that person engages in or causes sexual contact with or by another person in the following manner:

(1) By threatening or placing that other person in reasonable fear (other than by threatening or placing that other person in reasonable fear that any person will be subjected to death, bodily injury, or kidnapping); or

(2) Where the person knows or has reason to know that the other person is:

(A) Incapable of appraising the nature of the conduct;

(B) Incapable of declining participation in that sexual contact; or

(C) Incapable of communicating unwillingness to engage in that sexual contact.

§ 22-3006. Misdemeanor sexual abuse

Actualizada: 
13 de julio de 2021

Whoever engages in a sexual act or sexual contact with another person and who should have knowledge or reason to know that the act was committed without that other person’s permission, shall be imprisoned for not more than 180 days and, in addition, may be fined in an amount not more than the amount set forth in § 22-3571.01.

§ 22-3008. First degree child sexual abuse.

Actualizada: 
13 de julio de 2021

Whoever, being at least 4 years older than a child, engages in a sexual act with that child or causes that child to engage in a sexual act shall be imprisoned for any term of years or for life and, in addition, may be fined not more than the amount set forth in § 22-3571.01. However, the court may impose a prison sentence in excess of 30 years only in accordance with § 22-3020 or § 24-403.01(b-2). For purposes of imprisonment following revocation of release authorized by § 24-403.01(b)(7), the offense defined by this section is a Class A felony.

§ 22-3009. Second degree child sexual abuse.

Actualizada: 
13 de julio de 2021

Whoever, being at least 4 years older than a child, engages in sexual contact with that child or causes that child to engage in sexual contact shall be imprisoned for not more than 10 years and, in addition, may be fined not more than the amount set forth in § 22-3571.01.

§ 22-3009.01. First degree sexual abuse of a minor.

Actualizada: 
13 de julio de 2021

Whoever, being 18 years of age or older, is in a significant relationship with a minor, and engages in a sexual act with that minor or causes that minor to engage in a sexual act shall be imprisoned for not more than 15 years and may be fined not more than the amount set forth in § 22-3571.01, or both.

§ 22-3009.02. Second degree sexual abuse of a minor.

Actualizada: 
13 de julio de 2021

Whoever, being 18 years of age or older, is in a significant relationship with a minor and engages in a sexual contact with that minor or causes that minor to engage in a sexual contact shall be imprisoned for not more than 7 1/2 years and may be fined not more than the amount set forth in § 22-3571.01, or both.

§ 22-3009.03. First degree sexual abuse of a secondary education student.

Actualizada: 
13 de julio de 2021

Any teacher, counselor, principal, coach, or other person of authority in a secondary level school who engages in a sexual act with a student under the age of 20 years enrolled in that school or school system, or causes that student to engage in a sexual act, shall be imprisoned for not more than 10 years, fined not more than the amount set forth in § 22-3571.01, or both.

§ 22-3009.04. Second degree sexual abuse of a secondary education student.

Actualizada: 
13 de julio de 2021

Any teacher, counselor, principal, coach, or other person of authority in a secondary level school who engages in sexual conduct with a student under the age of 20 years enrolled in that school or school system, or causes that student to engage in sexual conduct, shall be imprisoned for not more than 5 years, fined not more than the amount set forth in § 22-3571.01, or both.

§ 22-3010. Enticing a child or minor.

Actualizada: 
13 de julio de 2021

(a) Whoever, being at least 4 years older than a child or being in a significant relationship with a minor, (1) takes that child or minor to any place for the purpose of committing any offense set forth in §§ 22-3002 to 22-3006 and §§ 22-3008 to 22-3009.02, or (2) seduces, entices, allures, convinces, or persuades or attempts to seduce, entice, allure, convince, or persuade a child or minor to engage in a sexual act or contact shall be imprisoned for not more than 5 years or may be fined not more than the amount set forth in § 22-3571.01, or both.

(b) Whoever, being at least 4 years older than the purported age of a person who represents himself or herself to be a child, attempts (1) to seduce, entice, allure, convince, or persuade any person who represents himself or herself to be a child to engage in a sexual act or contact, or (2) to entice, allure, convince, or persuade any person who represents himself or herself to be a child to go to any place for the purpose of engaging in a sexual act or contact shall be imprisoned for not more than 5 years or may be fined not more than the amount set forth in § 22-3571.01, or both.

(c) No person shall be consecutively sentenced for enticing a child or minor to engage in a sexual act or sexual contact under subsection (a)(2) of this section and engaging in that sexual act or sexual contact with that child or minor, provided, that the enticement occurred closely associated in time with the sexual act or sexual contact.

§ 22-3010.01. Misdemeanor sexual abuse of a child or minor.

Actualizada: 
13 de julio de 2021

(a) Whoever, being 18 years of age or older and more than 4 years older than a child, or being 18 years of age or older and being in a significant relationship with a minor, engages in sexually suggestive conduct with that child or minor shall be imprisoned for not more than 180 days, or fined not more than the amount set forth in § 22-3571.01, or both.

(b) For the purposes of this section, the term “sexually suggestive conduct” means engaging in any of the following acts in a way which is intended to cause or reasonably causes the sexual arousal or sexual gratification of any person:

(1) Touching a child or minor inside his or her clothing;

(2) Touching a child or minor inside or outside his or her clothing close to the genitalia, anus, breast, or buttocks;

(3) Placing one’s tongue in the mouth of the child or minor; or

(4) Touching one’s own genitalia or that of a third person.

§ 22-3010.02. Arranging for a sexual contact with a real or fictitious child.

Actualizada: 
13 de julio de 2021

(a) It is unlawful for a person to arrange to engage in a sexual act or sexual contact with an individual (whether real or fictitious) who is or who is represented to be a child at least 4 years younger than the person, or to arrange for another person to engage in a sexual act or sexual contact with an individual (whether real or fictitious) who is or who is represented to be a child of at least 4 years younger than the person. For the purposes of this section, arranging to engage in a sexual act or sexual contact with an individual who is fictitious shall be unlawful only if the arrangement is done by or with a law enforcement officer.

(b) A person who violates subsection (a) of this section shall be imprisoned for not more than 5 years, fined not more than the amount set forth in § 22-3571.01, or both.

§ 22-3013. First degree sexual abuse of a ward, patient, client, or prisoner.

Actualizada: 
13 de julio de 2021

Any staff member, employee, contract employee, consultant, or volunteer at a hospital, treatment facility, detention or correctional facility, group home, or other institution; anyone who is an ambulance driver or attendant, a bus driver or attendant, or person who participates in the transportation of a ward, patient, client, or prisoner to and from such institutions; or any official custodian of a ward, patient, client, or prisoner, who engages in a sexual act with a ward, patient, client, or prisoner, or causes a ward, patient, client, or prisoner to engage in or submit to a sexual act shall be imprisoned for not more than 10 years or fined not more than the amount set forth in § 22-3571.01, or both.

§ 22-3014. Second degree sexual abuse of a ward, patient, client, or prisoner.

Actualizada: 
13 de julio de 2021

Any staff member, employee, contract employee, consultant, or volunteer at a hospital, treatment facility, detention or correctional facility, group home, or other institution; anyone who is an ambulance driver or attendant, a bus driver or attendant, or person who participates in the transportation of a ward, patient, client, or prisoner to and from such institutions; or any official custodian of a ward, patient, client, or prisoner, who engages in a sexual contact with a ward, patient, client, or prisoner, or causes a ward, patient, client, or prisoner, to engage in or submit to a sexual contact shall be imprisoned for not more than 5 years or fined not more than the amount set forth in § 22-3571.01, or both.

§ 22-3015. First degree sexual abuse of a patient or client.

Actualizada: 
13 de julio de 2021

(a) A person is guilty of first degree sexual abuse who purports to provide, in any manner, professional services of a medical, therapeutic, or counseling (whether legal, spiritual, or otherwise) nature, and engages in a sexual act with another person who is a patient or client of the actor, or is otherwise in a professional relationship of trust with the actor; and

(1) The actor represents falsely that the sexual act is for a bona fide medical or therapeutic purpose, or for a bona fide professional purpose for which the services are being provided;

(2) The nature of the treatment or service provided by the actor and the mental, emotional, or physical condition of the patient or client are such that the actor knows or has reason to know that the patient or client is impaired from declining participation in the sexual act;

(3) The actor represents falsely that he or she is licensed as a particular type of professional; or

(4) The sexual act occurs during the course of a consultation, examination, treatment, therapy, or other provision of professional services.

(b) Any person found guilty pursuant to subsection (a) of this section shall be imprisoned for not more than 10 years and, in addition, may be fined not more than the amount set forth in § 22-3571.01.

§ 22-3016. Second degree sexual abuse of a patient or client.

Actualizada: 
13 de julio de 2021

(a) A person is guilty of second degree sexual abuse who purports to provide, in any manner, professional services of a medical, therapeutic, or counseling (whether legal, spiritual, or otherwise) nature, and engages in a sexual contact with another person who is a patient or client of the actor, or is otherwise in a professional relationship of trust with the actor; and

(1) The actor represents falsely that the sexual contact is for a bona fide medical or therapeutic purpose, or for a bona fide professional purpose for which the services are being provided;

(2) The nature of the treatment or service provided by the actor and the mental, emotional, or physical condition of the patient or client are such that the actor knows or has reason to know that the patient or client is impaired from declining participation in the sexual contact;

(3) The actor represents falsely that he or she is licensed as a particular type of professional; or

(4) The sexual contact occurs during the course of a consultation, examination, treatment, therapy, or other provision of professional services.

(b) Any person found guilty pursuant to subsection (a) of this section shall be imprisoned for not more than 5 years and, in addition, may be fined not more than the amount set forth in § 22-3571.01.

§ 22-3018. Attempts to commit sexual offenses.

Actualizada: 
13 de julio de 2021

Any person who attempts to commit an offense under this subchapter shall be imprisoned for a term of years not to exceed 15 years where the maximum prison term authorized for the offense is life or for not more than 1/2 of the maximum prison sentence authorized for the offense and, in addition, may be fined an amount not to exceed 1/2 of the maximum fine authorized for the offense.

Chapter 30A. Non-Consensual Pornography.

Actualizada: 
13 de julio de 2021

§ 22-3052. Unlawful disclosure.

Actualizada: 
13 de julio de 2021

(a) It shall be unlawful in the District of Columbia for a person to knowingly disclose one or more sexual images of another identified or identifiable person when:

(1) The person depicted did not consent to the disclosure of the sexual image;

(2) There was an agreement or understanding between the person depicted and the person disclosing that the sexual image would not be disclosed; and

(3) The person disclosed the sexual image with the intent to harm the person depicted or to receive financial gain.

(b) A person who violates 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 180 days, or both.

§ 22-3053. First-degree unlawful publication.

Actualizada: 
13 de julio de 2021

(a) It shall be unlawful in the District of Columbia for a person to knowingly publish one or more sexual images of another identified or identifiable person when:

(1) The person depicted did not consent to the disclosure or publication of the sexual image;

(2) There was an agreement or understanding between the person depicted and the person publishing that that the sexual image would not be disclosed or published; and

(3) The person published the sexual image with the intent to harm the person depicted or to receive financial gain.

(b) A person who violates this section shall be guilty of a felony and, upon conviction, shall be fined not more than the amount set forth in § 22-3571.01, imprisoned for not more than 3 years, or both.

§ 22-3054. Second degree unlawful publication.

Actualizada: 
13 de julio de 2021

(a) It shall be unlawful in the District of Columbia for a person to knowingly publish one or more sexual images of another identified or identifiable person obtained from a third party or other source when:

(1) The person depicted did not consent to the disclosure or publication of the sexual image; and

(2) The person published the sexual image with conscious disregard that the sexual image was obtained as a result of a previous disclosure or publication of the sexual image made with an intent to harm the person depicted or to receive financial gain.

(b) A person who violates 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 180 days, or both.

Chapter 31. Sexual Performance Using Minors

Actualizada: 
13 de julio de 2021

§ 22-3102. Prohibited acts.

Actualizada: 
13 de julio de 2021

(a) It shall be unlawful in the District of Columbia for a person knowingly to use a minor in a sexual performance or to promote a sexual performance by a minor.

(1) A person is guilty of the use of a minor in a sexual performance if knowing the character and content thereof, he or she employs, authorizes, or induces a person under 18 years of age to engage in a sexual performance or being the parent, legal guardian, or custodian of a minor, he or she consents to the participation by a minor in a sexual performance.

(2) A person is guilty of promoting a sexual performance by a minor when, knowing the character and content thereof, he or she produces, directs, or promotes any performance which includes sexual conduct by a person under 18 years of age.

(b) It shall be unlawful in the District of Columbia for a person, knowing the character and content thereof, to attend, transmit, or possess a sexual performance by a minor.

(c) If the sexual performance consists solely of a still or motion picture, then this section:

(1) Shall not apply to the minor or minors depicted in a still or motion picture who possess it or transmit it to another person unless at least one of the minors depicted in it does not consent to its possession or transmission; and

(2) Shall not apply to possession of a still or motion picture by a minor, or by an adult not more than 4 years older than the minor or minors depicted in it, who receives it from a minor depicted in it unless the recipient knows that at least one of the minors depicted in the still or motion picture did not consent to its transmission.

(d) For the purposes of subsections (b) and (c) of this section, the term:

(1) “Possess,” “possession,” or “possessing” requires accessing the sexual performance if electronically received or available.

(2) “Still or motion picture” includes a photograph, motion picture, electronic or digital representation, video, or other visual depiction, however produced or reproduced.

(3) “Transmit” or “transmission” includes distribution, and can occur by any means, including electronically.

Chapter 31A. Stalking

Actualizada: 
13 de julio de 2021

§ 22-3131. Legislative intent.

Actualizada: 
13 de julio de 2021

(a) The Council finds that stalking is a serious problem in this city and nationwide. Stalking involves severe intrusions on the victim’s personal privacy and autonomy. It is a crime that can have a long-lasting impact on the victim’s quality of life, and creates risks to the security and safety of the victim and others, even in the absence of express threats of physical harm. Stalking conduct often becomes increasingly violent over time. The Council recognizes the dangerous nature of stalking as well as the strong connections between stalking and domestic violence and between stalking and sexual assault. Therefore, the Council enacts this law to encourage effective intervention by the criminal justice system before stalking escalates into behavior that has even more serious or lethal consequences.

(b) The Council enacts this stalking statute to permit the criminal justice system to hold stalkers accountable for a wide range of acts, communications, and conduct. The Council recognizes that stalking includes a pattern of following or monitoring the victim, or committing violent or intimidating acts against the victim, regardless of the means.

§ 22-3132. Definitions.

Actualizada: 
13 de julio de 2021

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.

§ 22-3133. Stalking.

Actualizada: 
13 de julio de 2021

(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.

§ 22-3134. Penalties.

Actualizada: 
13 de julio de 2021

(a) Except as provided in subsections (b) and (c) of this section, a person who violates § 22-3133 shall be fined not more than the amount set forth in § 22-3571.01, imprisoned for not more than 12 months, or both.

(b) A person who violates § 22-3133 shall be fined not more than the amount set forth in § 22-3571.01, imprisoned for not more than 5 years, or both, if the person:

(1) At the time, was subject to a court, parole, or supervised release order prohibiting contact with the specific individual;

(2) Has one prior conviction in any jurisdiction of stalking any person within the previous 10 years;

(3) At the time, was at least 4 years older than the specific individual and the specific individual was less than 18 years of age; or

(4) Caused more than $ 2,500 in financial injury.

(c) A person who violates § 22-3133 shall be fined not more than the amount set forth in § 22-3571.01, imprisoned for not more than 10 years, or both, if the person has 2 or more prior convictions in any jurisdiction for stalking any person, at least one of which was for a jury demandable offense.

(d) A person shall not be sentenced consecutively for stalking and identify theft based on the same act or course of conduct.

§ 22-3135. Jurisdiction.

Actualizada: 
13 de julio de 2021

(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.

Chapter 32. Theft; Fraud; Stolen Property; Forgery; and Extortion

Actualizada: 
13 de julio de 2021

Subchapter III-C. Identity Theft

Actualizada: 
13 de julio de 2021

§ 22-3227.01. Definitions

Actualizada: 
13 de julio de 2021

For the purposes of this subchapter, the term:

(1) “Financial injury” means all monetary costs, debts, or obligations incurred by a person as a result of another person obtaining, creating, possessing, or using that person’s personal identifying information in violation of this subchapter, including, but not limited to:

(A) The costs of clearing the person’s credit rating, credit history, criminal record, or any other official record, including attorney fees;

(B) The expenses related to any civil or administrative proceeding to satisfy or contest a debt, lien, judgment, or other obligation of the person that arose as a result of the violation of this subchapter, including attorney fees;

(C) The costs of repairing or replacing damaged or stolen property;

(D) Lost time or wages, or any similar monetary benefit forgone while the person is seeking redress for damages resulting from a violation of this subchapter; and

(E) Lost time, wages, and benefits, other losses sustained, legal fees, and other expenses incurred as a result of the use, without permission, of one’s personal identifying information by another as prohibited by § 22-3227.02.

(2) Repealed.

(3) “Personal identifying information” includes, but is not limited to, the following:

(A) Name, address, telephone number, date of birth, or mother’s maiden name;

(B) Driver’s license or driver’s license number, or non-driver’s license or non-driver’s license number;

(C) Savings, checking, or other financial account number;

(D) Social security number or tax identification number;

(E) Passport or passport number;

(F) Citizenship status, visa, or alien registration card or number;

(G) Birth certificate or a facsimile of a birth certificate;

(H) Credit or debit card, or credit or debit card number;

(I) Credit history or credit rating;

(J) Signature;

(K) Personal identification number, electronic identification number, password, access code or device, electronic address, electronic identification number, routing information or code, digital signature, or telecommunication identifying information;

(L) Biometric data, such as fingerprint, voice print, retina or iris image, or other unique physical representation;

(M) Place of employment, employment history, or employee identification number; and

(N) Any other numbers or information that can be used to access a person’s financial resources, access medical information, obtain identification, act as identification, or obtain property.

(4) “Property” shall have the same meaning as provided in § 22-3201(3) and shall include credit.

§ 22-3227.02. Identity theft

Actualizada: 
13 de julio de 2021

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.

§ 22-3227.03. Penalties for identity theft

Actualizada: 
13 de julio de 2021

(a) Identity theft in the first degree. — Any person convicted of identity theft shall be fined not more than (1) the amount set forth in § 22-3571.01, (2) twice the value of the property obtained or (3) twice the amount of the financial injury, whichever is greatest, or imprisoned for not more than 10 years, or both, if the property obtained, or attempted to be obtained, or the amount of the financial injury is $1,000 or more.

(b) Identity theft in the second degree. — Any person convicted of identity theft shall be fined not more than the amount set forth in § 22-3571.01 or imprisoned for not more than 180 days, or both, if the property obtained, or attempted to be obtained, or the amount of the financial injury, has some value, or if another person is falsely accused of, or arrested for, committing a crime because of the use, without permission, of that person’s personal identifying information.

Chapter 33. Trespass; Injuries to Property.

Actualizada: 
13 de julio de 2021

§ 22-3301. Forcible entry and detainer.

Actualizada: 
13 de julio de 2021

Whoever shall forcibly enter upon any premises, or, having entered without force, shall unlawfully detain the same by force against any person previously in the peaceable possession of the same and claiming right thereto, shall be punished by imprisonment for not more than 1 year or a fine of not more than the amount set forth in § 22-3571.01 , or both.

§ 22-3302. Unlawful entry on property.

Actualizada: 
13 de julio de 2021

(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.

Chapter 35A. Voyeurism.

Actualizada: 
13 de julio de 2021

§ 22-3531. Voyeurism.

Actualizada: 
13 de julio de 2021

(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.

Chapter 35B. Fines for Criminal Offenses.

Actualizada: 
13 de julio de 2021

§ 22-3571.01. Fines for criminal offenses.

Actualizada: 
13 de julio de 2021

(a) Notwithstanding any other provision of the law, and except as provided in § 22-3571.02, a defendant who has been found guilty of an offense under the District of Columbia Official Code punishable by imprisonment may be sentenced to pay a fine as provided in this section.

(b) An individual who has been found guilty of such an offense may be fined not more than the greatest of:

(1) $100 if the offense is punishable by imprisonment for 10 days or less;

(2) $250 if the offense is punishable by imprisonment for 30 days, or one month, or less but more than 10 days;

(3) $500 if the offense is punishable by imprisonment for 90 days, or 3 months, or less but more than 30 days;

(4) $1,000 if the offense is punishable by imprisonment for 180 days, or 6 months, or less but more than 90 days;

(5) $2,500 if the offense is punishable by imprisonment for one year or less but more than 180 days;

(6) $12,500 if the offense is punishable by imprisonment for 5 years or less but more than one year;

(7) $25,000 if the offense is punishable by imprisonment for 10 years or less but more than 5 years;

(8) $37,500 if the offense is punishable by imprisonment for 15 years or less but more than 10 years;

(9) $50,000 if the offense is punishable by imprisonment for 20 years or less but more than 15 years;

(10) $75,000 if the offense is punishable by imprisonment for 30 years or less but more than 20 years;

(11) $125,000 if the offense is punishable by imprisonment for more than 30 years; or

(12) $250,000 if the offense resulted in death.

(c) An organization that has been found guilty of an offense punishable by imprisonment for 6 months or more may be fined not more than the greatest of:

(1) Twice the maximum amount specified in the law setting forth the penalty for the offense;

(2) Twice the applicable amount under subsection (b) of this section; or

(3) Twice the applicable amount under § 22-3571.02(a).

Subtitle VI. Regulation and Possession of Weapons.

Actualizada: 
13 de julio de 2021

Chapter 45. Weapons and Possession of Weapons.

Actualizada: 
13 de julio de 2021

§ 22-4503. Unlawful possession of firearm.

Actualizada: 
13 de julio de 2021

(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.

(b)(1) A person who violates subsection (a)(1) of this section shall be sentenced to imprisonment for not more than 10 years and shall be sentenced to imprisonment for a mandatory-minimum term of 1 year, unless she or he has a prior conviction for a crime of violence other than conspiracy, in which case she or he shall be sentenced to imprisonment for not more than 15 years and shall be sentenced to a mandatory-minimum term of 3 years.

(2) A person sentenced to a mandatory-minimum term of imprisonment under paragraph (1) of this subsection shall not be released from prison or granted probation or suspension of sentence prior to serving the mandatory-minimum sentence.

(3) In addition to any other penalty provided under this subsection, a person may be fined an amount not more than the amount set forth in § 22-3571.01.

(c) A person who violates subsection (a)(2) through (a)(6) of this section shall be sentenced to not less than 2 years nor more than 10 years, fined not more than the amount set forth in § 22-3571.01, or both.

(d) For the purposes of this section, the term:

(1) “Crime of violence” shall have the same meaning as provided in § 23-1331(4), or a crime under the laws of any other jurisdiction that involved conduct that would constitute a crime of violence if committed in the District of Columbia, or conduct that is substantially similar to that prosecuted as a crime of violence under the District of Columbia Official Code.

(2) “Fugitive from justice” means a person who has:

(A) Fled to avoid prosecution for a crime or to avoid giving testimony in a criminal proceeding; or

(B) Escaped from a federal, state, or local prison, jail, halfway house, or detention facility or from the custody of a law enforcement officer.

Title 23. Criminal procedure

Actualizada: 
13 de julio de 2021

Chapter 5. Warrants and Arrests

Actualizada: 
13 de julio de 2021

Subchapter III. Wire Interception and Interception of Oral Communications

Actualizada: 
13 de julio de 2021

§ 23-542. Interception, disclosure, and use of wire or oral communications prohibited.

Actualizada: 
13 de julio de 2021

(a) Except as otherwise specifically provided in this subchapter, any person who in the District of Columbia –

(1) willfully intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept any wire or oral communication;

(2) willfully discloses or endeavors to disclose to any other person the contents of any wire or oral communication, or evidence derived therefrom, knowing or having reason to know that the information was obtained through the interception of a wire or oral communication; or

(3) willfully uses or endeavors to use the contents of any wire or oral communication, or evidence derived therefrom, knowing or having reason to know, that the information was obtained through the interception of a wire or oral communication;

shall be fined not more than the amount set forth in [§ 22-3571.01] or imprisoned not more than five years, or both; except that paragraphs (2) and (3) of this subsection shall not apply to the contents of any wire or oral communication, or evidence derived therefrom, that has become common knowledge or public information.

(b) It shall not be unlawful under this section for –

(1) an operator of a switchboard, or an officer, agent, or employee of a communication common carrier, whose facilities are used in the transmission of a wire communication, to intercept, disclose, or use that communication, in the normal course of his employment while engaged in any activity which is a necessary incident to the rendering of his service or to the protection of the rights or property of the carrier of such communication, or to provide information, facilities, or technical assistance to an investigative or law enforcement officer who, under this subchapter, is authorized to intercept a wire or oral communication, but no communication common carrier shall utilize service observing or random monitoring except for mechanical or service quality control checks;

(2) a person acting under color of law to intercept a wire or oral communication, where such person is a party to the communication, or where one of the parties to the communication has given prior consent to such interception; or

(3) a person not acting under color of law to intercept a wire or oral communication, where such person is a party to the communication, or where one of the parties to the communication has given prior consent to such interception, unless such communication is intercepted for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States, any State, or the District of Columbia, or for the purpose of committing any other injurious act.

Division V. Local Business Affairs

Actualizada: 
13 de julio de 2021

Title 32. Labor.

Actualizada: 
13 de julio de 2021

Chapter 5. Leave from Work.

Actualizada: 
13 de julio de 2021

Subchapter III. Employee Sick Leave.

Actualizada: 
13 de julio de 2021

§ 32-531.02. Provision of Paid Leave

Actualizada: 
13 de julio de 2021

(a)(1) An employer with 100 or more employees shall provide for each employee not less than one hour of paid leave for every 37 hours worked, not to exceed 7 days per calendar year.

(2) An employer with at least 25, but not more than 99, employees shall provide for each employee not less than one hour of paid leave for every 43 hours worked, not to exceed 5 days per calendar year.

(3) An employer with 24 or fewer employees shall provide not less than one hour of paid leave for every 87 hours worked, not to exceed 3 days per calendar year.

(4) For the purposes of paragraphs (1) through (3) of this subsection, the number of employees of an employer shall be determined by the average monthly number of full-time equivalent employees for the prior calendar year. The average monthly number shall be calculated by adding the total monthly full-time equivalent employees for each month and dividing by 12.

(5) In the case of employees who are exempt from overtime payment under section 213(a)(1) of the Fair Labor Standards Act of 1938, approved June 25, 1938 (52 Stat. 1060; 29 U.S.C. § 201 et seq.), employees shall not accrue leave for hours worked beyond a 40-hour work week.

(b) Paid leave accrued under this section may be used by an employee for any of the following:

(1) An absence resulting from a physical or mental illness, injury, or medical condition of the employee;

(2) An absence resulting from obtaining professional medical diagnosis or care, or preventive medical care, for the employee, subject to the requirement of subsection (d) of this section;

(3) An absence for the purpose of caring for a child, a parent, a spouse, domestic partner, or any other family member who has any of the conditions or needs for diagnosis or care described in paragraph (1) or (2) of this subsection; or

(4) An absence if the employee or the employee’s family member is a victim of stalking, domestic violence, or sexual abuse; provided, that the absence is directly related to social or legal services pertaining to the stalking, domestic violence, or sexual abuse, to:

(A) Seek medical attention for the employee or the employee’s family member to recover from physical or psychological injury or disability caused by domestic violence or sexual abuse;

(B) Obtain services from a victim services organization;

(C) Obtain psychological or other counseling;

(D) Temporarily or permanently relocate;

(E) Take legal action, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from the domestic violence or sexual abuse; or

(F) Take other actions to enhance the physical, psychological, or economic health or safety of the employee or the employee’s family member or to enhance the safety of those who associate or work with the employee.

(c)(1) Except as provided in § 32-531.02a, paid leave under this subchapter shall accrue in accordance with the employer’s established pay period. An individual shall accrue paid leave at the beginning of his or her employment. An employee may begin to access paid leave after 90 days of service with his or her employer.

(2) If an employee is transferred to a separate division, entity, or location within the District, or transferred out of the District and then transferred back to a division, entity, or location within the District, but remains employed by the same employer, the employee shall be entitled to all paid leave accrued at the prior division, entity, or location and shall be entitled to use all paid leave as provided in this chapter.

(3) When there is a separation from employment and the employee is rehired within one year of separation by the same employer, previously accrued unused paid leave shall be reinstated. The employee shall be entitled to use accrued paid leave and accrue additional paid leave immediately upon the re-commencement of employment; provided, that the employee had previously been eligible to use paid leave. If there is a separation of more than one year, an employer shall not be required to reinstate accrued paid leave and the rehired employee shall be considered to have newly commenced employment.

(4) An employee who is discharged after the completion of a probationary period of 90 days or more, and is rehired within 12 months, may access paid leave immediately.

(d) An employee shall make a reasonable effort to schedule paid leave under subsection (b) of this section in a manner that does not unduly disrupt the operations of the employer.

(e) If an employee does not suffer a loss of income when absent from work, for the number of days up to the days of paid leave provided for in subsection (a)(1), (2), and (3) of this section, an employer shall not be required to provide paid leave for such employee in accordance with this chapter. Notwithstanding the foregoing sentence, the provisions of § 32-531.08 shall apply to employees who do not suffer a loss of income when absent from work.

(f) If employees of beauty, hair, and nail salons are paid by commission (whether commission only or base wage plus commission), the sick leave rate of pay shall be calculated as follows: divide the employee’s total earnings in base wages and commissions for the prior calendar year by the total hours worked as a commissioned employee during the prior calendar year. If employees do not have a prior calendar year’s work history, divide the employee’s total earnings in base wages and commissions since the employee’s date of hire by the total hours worked as a commissioned employee since that date.

(g) Notwithstanding the requirements in subsections (a)(1)-(4) of this section, for an employee of a restaurant or bar who regularly receive tips, commissions, or other gratuities to supplement a base wage that is below the minimum wage as established in § 32-1003(a), the employer shall provide the employee not less than one hour of paid leave for every 43 hours worked, not to exceed 5 days per calendar year. The paid leave shall be compensated in accordance with the District minimum wage, as established in § 32-1003(a).

Division VII. Property.

Actualizada: 
13 de julio de 2021

Title 42. Real Property.

Actualizada: 
13 de julio de 2021

Subtitle VII. Rental Housing.

Actualizada: 
13 de julio de 2021

Chapter 35. Rental Housing Generally

Actualizada: 
13 de julio de 2021

Subchapter V. Evictions; Retaliatory Action; and Other Matters

Actualizada: 
13 de julio de 2021

§ 42-3505.01. Evictions.

Actualizada: 
13 de julio de 2021

(a) Except as provided in this section, no tenant shall be evicted from a rental unit, notwithstanding the expiration of the tenant’s lease or rental agreement, so long as the tenant continues to pay the rent to which the housing provider is entitled for the rental unit; provided, that the nonpayment of a late fee shall not be the basis for an eviction. No tenant shall be evicted from a rental unit for any reason other than for nonpayment of rent unless the tenant has been served with a written notice to vacate which meets the requirements of this section. Notices to vacate for all reasons other than for nonpayment of rent shall be served upon both the tenant and the Rent Administrator. All notices to vacate shall contain a statement detailing the reasons for the eviction, and if the housing accommodation is required to be registered by this chapter, a statement that the housing accommodation is registered with the Rent Administrator.

(b) A housing provider may recover possession of a rental unit where the tenant is violating an obligation of tenancy and fails to correct the violation within 30 days after receiving from the housing provider a notice to correct the violation or vacate.

(c) A housing provider may recover possession of a rental unit where a court of competent jurisdiction has determined that the tenant, or a person occupying the premises with or in addition to the tenant, has performed an illegal act within the rental unit or the housing accommodation. The housing provider shall serve on the tenant a 30-day notice to vacate. The tenant may be evicted only if the tenant knew or should have known that an illegal act was taking place.

(c-1)(1) It shall be a defense to an action for possession under subsections (b) or (c) of this section that the tenant is a victim, or is the parent or guardian of a minor victim, of an intrafamily offense or actions relating to an intrafamily offense, as defined in § 16-1001(8), if the Court determines that the intrafamily offense, or actions relating to the intrafamily offense, are the basis for the notice to vacate.

(2) If, as a result of the intrafamily offense or the actions relating to the intrafamily offense that is the basis for the notice to vacate, the tenant has received a temporary or civil protection order ordering the respondent to vacate the home, the court shall not enter a judgment for possession.

(3) If, as a result of the intrafamily offense or the actions relating to the intrafamily offense that is the basis for the notice to vacate, the tenant provides to the court a copy of a police report written within the preceding 60 days or has filed for but has not received a temporary or civil protection order ordering the respondent to vacate the home, the court shall have the discretion not to enter a judgment for possession under this subchapter.

(d) A natural person with a freehold interest in the rental unit may recover possession of a rental unit where the person seeks in good faith to recover possession of the rental unit for the person’s immediate and personal use and occupancy as a dwelling. The housing provider shall serve on the tenant a 90-day notice to vacate in advance of action to recover possession of the rental unit in instances arising under this subsection. No housing provider shall demand or receive rent for any rental unit which the housing provider has repossessed under this subsection during the 12-month period beginning on the date the housing provider recovered possession of the rental unit. A stockholder of a cooperative housing association with a right of possession in a rental unit may exercise the rights of a natural person with a freehold interest under this subsection.

(e) A housing provider may recover possession of a rental unit where the housing provider has in good faith contracted in writing to sell the rental unit or the housing accommodation in which the unit is located for the immediate and personal use and occupancy by another person, so long as the housing provider has notified the tenant in writing of the tenant’s right and opportunity to purchase as provided in Chapter 34 of this title. The housing provider shall serve on the tenant a 90-day notice to vacate in advance of the housing provider’s action to recover possession of the rental unit. No person shall demand or receive rent for any rental unit which has been repossessed under this subsection during the 12-month period beginning on the date on which the rental unit was originally repossessed by the housing provider.

(e-1)(1) A housing provider who recovers possession pursuant to subsection (d) or (e) of this section, or a person who purchases property from a housing provider who recovers possession pursuant to subsection (e) of this section, who, during the 12-month period beginning on the date on which the rental unit was originally repossessed by the housing provider, demands or receives from a new tenant rent for the rental unit that was repossessed or fails to personally use and occupy the rental unit shall be liable to the former tenant for:

(A) Reasonable relocation costs; and

(B) Additional damages in the amount of the greater of the rent charged in the last month before the rental unit was repossessed or the small area fair market rent published by the U.S. Department of Housing and Urban Development multiplied by whichever of the following is fewer:

(i) The number of months that have elapsed between the date on which the rental unit was originally repossessed and the date on which the housing provider sells or begins to personally use and occupy the rental unit; or

(ii) Twelve.

(2) A housing provider shall not be liable for damages pursuant to paragraph (1) of this subsection if the housing provider can demonstrate that, acting in good faith, he or she failed to sell or to personally use and occupy the housing accommodation due to circumstances outside of the housing provider’s control that arose after the rental unit was repossessed.

(3) A tenant who recovers damages pursuant to this subsection shall not be barred from bringing any other available civil action that may arise from the same circumstances.

(f)(1)(A) A housing provider may recover possession of a rental unit for the immediate purpose of making alterations or renovations to the rental unit which cannot safely or reasonably be accomplished while the rental unit is occupied, so long as:

(i) The plans for the alterations or renovations have been filed with the Rent Administrator and the Chief Tenant Advocate;

(ii) The tenant has had 21 days after receiving notice of the application to submit to the Rent Administrator and to the Chief Tenant Advocate comments on the impact that an approved application would have on the tenant or any household member, and on any statement made in the application;

<Text of subsec. (f)(1)(A)(iii) applicable until the date of inclusion of its fiscal effect in an approved budget and financial plan>

(iii) An inspector from the Department of Consumer and Regulatory Affairs has inspected the housing accommodation for the accuracy of material statements in the application and has reported his or her findings to the Rent Administrator and the Chief Tenant Advocate;

<Text of subsec. (f)(1)(A)(iii) applicable upon the date of inclusion of its fiscal effect in an approved budget and financial plan>

(iii) An inspector from the Department of Buildings has inspected the housing accommodation for the accuracy of material statements in the application and has reported his or her findings to the Rent Administrator and the Chief Tenant Advocate;

(iv) On or before the filing of the application, the housing provider has given the tenant:

(I) Notice of the application;

(II) Notice of all tenant rights;

(III) A list of sources of technical assistance as published in the District of Columbia Register by the Mayor;

(IV) A summary of the plan for the alterations and renovations to be made; and

(V) Notice that the plan in its entirety is on file and available for review at the office of the Rent Administrator, at the office of the Chief Tenant Advocate, and at the rental office of the housing provider; and

(v) The Rent Administrator, in consultation with the Chief Tenant Advocate, has determined in writing:

(I) That the proposed alterations and renovations cannot safely or reasonably be made while the rental unit is occupied;

(II) Whether the alterations and renovations are necessary to bring the rental unit into compliance with the housing code and the tenant shall have the right to reoccupy the rental unit at the same rent; and

(III) That the proposal is in the interest of each affected tenant after considering the physical condition of the rental unit or the housing accommodation and the overall impact of relocation on the tenant.

(B) As part of the application under this subsection, a housing provider shall submit to the Rent Administrator for review and approval, and to the Chief Tenant Advocate, the following plans and documents:

(i) A detailed statement setting forth why the alterations and renovations are necessary and why they cannot safely or reasonably be accomplished while the rental unit is occupied;

(ii) A copy of the notice that the housing provider has circulated informing the tenant of the application under this subsection;

(iii) A draft of the notice to vacate to be issued to the tenant if the application is approved by the Rent Administrator;

(iv) A timetable for all aspects of the plan for alterations and renovations, including:

(I) The relocation of the tenant from the rental unit and back into the rental unit;

(II) The commencement of the work, which shall be within a reasonable period of time, not to exceed 120 days, after the tenant has vacated the rental unit;

(III) The completion of the work; and

(IV) The housing provider’s submission to the Rent Administrator and the Chief Tenant Advocate of periodic progress reports, which shall be due at least once every 60 days until the work is complete and the tenant is notified that the rent unit is ready to be reoccupied;

(v) A relocation plan for each tenant that provides:

(I) The amount of the relocation assistance payment for each unit;

(II) A specific plan for relocating each tenant to another unit in the housing accommodation or in a complex or set of buildings of which the housing accommodation is a part, or, if the housing provider states that relocation within the same building or complex is not practicable, the reasons for the statement;

(III) If relocation to a rental unit pursuant to sub-sub-subparagraph (II) of this sub-subparagraph is not practicable, a list of units within the housing provider’s portfolio of rental accommodations made available to each dispossessed tenant, or, where the housing provider asserts that relocation within the housing provider’s portfolio of rental accommodations is not practicable, the justification for such assertion;

(IV) If relocation to a rental unit pursuant to sub-sub-subparagraph (II) or (III) of this sub-subparagraph is not practicable, a list for each tenant affected by the relocation plan of at least 3 other rental units available to rent in a housing accommodation in the District of Columbia, each of which shall be comparable to the rental unit in which the tenant currently lives; and

(V) A list of tenants with their current addresses and telephone numbers.

(C) The Chief Tenant Advocate, in consultation with the Rent Administrator, shall:

(i) Within 5 days of receipt of the application, issue a notice, which shall include the address and telephone number of the Office of the Chief Tenant Advocate, to each affected tenant stating that the tenant:

(I) Has the right to review or obtain a copy of the application, including all supporting documentation, at the rental office of the housing provider, the Office of the Chief Tenant Advocate, or the office of the Rent Administrator;

(II) Shall have 21 days in which to file with the Rent Administrator and serve on the housing provider comments upon any statement made in the application, and on the impact an approved application would have on the tenant or any household member; and

(III) May consult the Office of the Chief Tenant Advocate with respect to ascertaining the tenant’s legal rights, responding to the application or to any ancillary offer made by the housing provider, or otherwise safeguarding the tenant’s interests;

(ii) At any time prior to or subsequent to the Rent Administrator’s approval of the application, make such inquiries as the Chief Tenant Advocate considers appropriate to determine whether the housing provider has complied with the requirements of this subsection and whether the interests of the tenants are being protected, and shall promptly report any findings to the Rent Administrator; and

(iii) Upon the Rent Administrator’s approval of the application:

(I) Maintain a registry of the affected tenants, including their subsequent interim addresses; and

(II) Issue a written notice, which shall include the address and telephone number of the Office of the Chief Tenant Advocate, to each affected tenant that notifies the tenant of the right to maintain his or her tenancy and the need to keep the Chief Tenant Advocate informed of interim addresses;

(D) The housing provider shall serve on the tenant a 120-day notice to vacate prior to the filing of an action to recover possession of the rental unit that shall:

(i) Notify the tenant of the tenant’s rights under this subsection, including the absolute right to reoccupy the rental unit, the right to reoccupy the rental unit at the same rate if the Rent Administrator has determined that the alterations or renovations are necessary to bring the rental unit into substantial compliance with the housing regulations, and the right to relocation assistance under the provisions of subchapter VII of this chapter;

(ii) Include a list of sources of technical assistance as published in the District of Columbia Register by the Mayor; and

(iii) Include a copy of the notice issued by the Chief Tenant Advocate pursuant to paragraph (1)(C)(iii)(II) of this subsection.

(E) Within 5 days of the completion of alterations and renovations, the housing provider shall provide notice, by registered mail, return receipt requested, to the tenant, the Rent Administrator, and the Chief Tenant Advocate that the rental unit is ready to be occupied by the tenant.

(F) Any notice required by this section to be issued to the tenant by the housing provider, the Rent Administrator, or the Chief Tenant Advocate shall be published in the languages as would be required by § 2-1933(a).

(2) Immediately upon completion of the proposed alterations or renovations, the tenant shall have the absolute right to reoccupy the rental unit. A tenant displaced by actions under this subsection shall continue to be a tenant of the rental unit as defined in § 42-3401.03(17), for purposes of rights and remedies under Chapter 34 of this title, until the tenant has waived his or her rights in writing. Until the tenant’s right to reoccupy the rental unit has terminated, the housing provider shall serve on the tenant any notice or other document regarding the rental unit as required by any provision of Chapter 34 of this title, this chapter, or any other law or regulation, except that service shall be made by first-class mail at the address identified as the tenant’s interim address pursuant to paragraph (1)(C)(iii) of this subsection.

(3) Where the renovations or alterations are necessary to bring the rental unit into substantial compliance with the housing regulations, the tenant may rerent at the same rent and under the same obligations that were in effect at the time the tenant was dispossessed, if the renovations or alterations were not made necessary by the negligent or malicious conduct of the tenant.

(4) Tenants displaced by actions under this subsection shall be entitled to receive relocation assistance as set forth in subchapter VII of this chapter, if the tenants meet the eligibility criteria of that subchapter.

(5) Prior to the date that the tenant vacates the unit, the Rent Administrator shall rescind the approval of any application under this subsection upon determining that the housing provider has not complied with this subsection.

(6) If, after the tenant has vacated the unit, the housing provider fails to comply with the provisions of this subsection, the aggrieved tenant or a tenant organization authorized by the tenant may seek enforcement of any right or provision under this subsection by an action in law or equity. If the aggrieved tenant or tenant organization prevails, the aggrieved tenant or tenant organization shall be entitled to reasonable attorney’s fees. In an equitable action, bond requirements shall be waived to the extent permissible under law or court rule.

(g)(1) A housing provider may recover possession of a rental unit for the purpose of immediately demolishing the housing accommodation in which the rental unit is located and replacing it with new construction, if a copy of the demolition permit has been filed with the Rent Administrator, and, if the requirements of subchapter VII of this chapter have been met. The housing provider shall serve on the tenant a 180-day notice to vacate in advance of action to recover possession of the rental unit. The notice to vacate shall comply with and notify the tenant of the tenant’s right to relocation assistance under the provisions of subchapter VII of this chapter.

(2) Tenants displaced by actions under this subsection shall be entitled to receive relocation assistance as set forth in subchapter VII of this chapter, if the tenants meet the eligibility criteria of that subchapter.

(h)(1) A housing provider may recover possession of a rental unit for the purpose of immediate, substantial rehabilitation of the housing accommodation if the requirements of § 42-3502.14 and subchapter VII of this chapter have been met. The housing provider shall serve on the tenant a 120-day notice to vacate in advance of his or her action to recover possession of the rental unit. The notice to vacate shall comply with and notify the tenant of the tenant’s right to relocation assistance under subchapter VII of this chapter.

(2) Any tenant displaced from a rental unit by the substantial rehabilitation of the housing accommodation in which the rental unit is located shall have a right to rerent the rental unit immediately upon the completion of the substantial rehabilitation.

(3) Tenants displaced by actions under this subsection shall be entitled to receive relocation assistance as set forth in subchapter VII of this chapter, if the tenants meet the eligibility criteria of that subchapter.

(i)(1) A housing provider may recover possession of a rental unit for the immediate purpose of discontinuing the housing use and occupancy of the rental unit so long as:

(A) The housing provider serves on the tenant a 180-day notice to vacate in advance of his or her action to recover possession of the rental unit. The notice to vacate shall comply with and notify the tenant of the tenant’s right to relocation assistance under the provisions of subchapter VII of this chapter;

(B) The housing provider shall not cause the housing accommodation, of which the unit is a part, to be substantially rehabilitated for a continuous 12-month period beginning from the date that the use is discontinued under this section;

(C) The housing provider shall not resume any housing or commercial use of the unit for a continuous 12-month period beginning from the date that the use is discontinued under this section;

(D) The housing provider shall not resume any housing use of the unit other than rental housing;

(E) Upon resumption of the housing use, the housing provider shall not rerent the unit at a greater rent than would have been permitted under this chapter had the housing use not been discontinued;

(F) The housing provider shall, on a form devised by the Rent Administrator, file with the Rent Administrator a statement including, but not limited to, general information about the housing accommodation, such as address and number of units, the reason for the discontinuance of use, and future plans for the property;

(G) If the housing provider desires to resume a rental housing use of the unit, the housing provider shall notify the Rent Administrator who shall determine whether the provisions of this paragraph have been satisfied; and

(H) The housing provider shall not demand or receive rent for any rental unit which the housing provider has repossessed under this subsection for a 12-month period beginning on the date the housing provider recovered possession of the rental unit.

(2) Tenants displaced by actions under this subsection shall be entitled to receive relocation assistance as set forth in subchapter VII of this chapter, if the tenants meet the eligibility criteria of that subchapter.

(j) In any case where the housing provider seeks to recover possession of a rental unit or housing accommodation to convert the rental unit or housing accommodation to a condominium or cooperative, notice to vacate shall be given according to § 42-3402.06(c).

(k) Notwithstanding any other provision of this section, no housing provider shall evict a tenant:

(1) On any day when the National Weather Service predicts at 8:00 a.m. that the temperature at the National Airport weather station will fall below 32 degrees Fahrenheit or 0 degrees Celsius;

(2) When precipitation is falling at the location of the rental unit; or

(3) During a period of time for which the Mayor has declared a public health emergency pursuant to § 7-2304.01, except for evictions arising from those complaints filed pursuant to the exception in § 16-1501(c) on or after May 3, 2021; provided, that:

(A) Any family facing eviction pursuant to this paragraph shall be connected to assistance and resources that support the coordination or continuation of youth education, social services, and other resources before the eviction is carried out; and

(B) Any person with behavioral, emotional, or mental health issues facing eviction pursuant to this paragraph shall be connected to behavioral health or housing counseling services and shall be offered alternative housing arrangements before the eviction is carried out.

(k-1) Subsection (k) shall not apply:

(1) Where, in accordance with and as provided in subsection (c) of this section, a court of competent jurisdiction has determined that the tenant has performed an illegal act within the rental unit or housing accommodation;

(2) Where a court of competent jurisdiction has made a specific finding that the tenant’s actions or presence causes undue hardship on the health, welfare, and safety of other tenants or immediate neighbors; or

(3) Where a court of competent jurisdiction has made a specific finding that the tenant has abandoned the premises.

(l) Expired.

(m) This section shall not apply to privately-owned rental housing or housing owned by the federal or District government with regard to drug-related evictions under subchapter I of Chapter 36 of this title.

(n)(1) If the occupancy of a tenant has been or will be terminated by a placard placed by the District government in accordance with section 103 of Title 14 of the District of Columbia Municipal Regulations for violations of Title 14 of the District of Columbia Municipal Regulations that threaten the life, health, or safety of the tenant, the tenancy shall not be deemed terminated until the unit has been offered for reoccupation to the tenant after the date that physical occupancy ceased.

(2) The Mayor shall maintain a registry of the persons, including their subsequent interim addresses, who were tenants at the time the building was placarded.

(3) At the time of the placarding, the Mayor shall provide a written notice to the tenants of the right to maintain their tenancy and the need to keep the Mayor informed of interim addresses. The notice shall contain the address and telephone number of the office maintaining the registry.

(4) Any notice required under this subchapter shall be effective when sent to the tenant at the address maintained in the registry.

(o) Repealed.

(p) Repealed.

(q)(1) Beginning on October 14, 2020, for the period of time during which there exists a public health emergency declared pursuant to § 7-2304.01, and for 60 days thereafter, no housing provider may:

(A) Issue to a tenant a notice to vacate pursuant to this section; or

(B) Engage in any action that is intended to force tenants to leave their housing or otherwise give up their rights under the law, including the actions described under § 42-3505.02(a).

(2) Any person who violates paragraph (1) of this subsection shall be subject to penalties under § 42-3509.01.

(q-1)(1) Subsection (q) of this section shall not apply to notices related to complaints that allege that the tenant’s continuing presence at the housing accommodation where the tenant resides presents a current and substantial threat to the health and safety of tenants, on-site agents, or employees of the owners of the housing accommodation, or household members or guests of other tenants, because the tenant has violated an obligation of tenancy by engaging in an unlawful possession of a firearm, threats or acts of violence, or assault.

(2) For purposes of this subsection, the term:

(A) “Act of violence” shall have the same meaning as “crime of violence” as provided in § 23-1331(4).

(B) “Assault” shall be construed according to § 22-404.

(C) “Threat” shall be construed according to § 22-407.

(D) “Unlawful possession of a firearm” shall be construed according to § 22-4503.

(3)(A) A notice issued to a tenant pursuant to this subsection shall:

(i) State that the tenant does not have to vacate the rental unit until and unless a court orders the tenant to do so;

(ii) State that the tenant has the right to correct or cease the alleged violation of tenancy and remain in the rental unit;

(iii) State that the tenant has the right to dispute the landlord’s allegations through the court process and remain in the rental unit until the court reaches a decision on the matter; and

(iv) Include the phone numbers of the Office of the Tenant Advocate and the Landlord Tenant Legal Assistance Network and state that both resources provide free legal services to a tenant facing eviction.

(B) A copy of the notice shall be sent to the Office of the Tenant Advocate.

§ 42-3505.07. Notice of lease termination by tenant who is a victim of an intrafamily offense.

Actualizada: 
13 de julio de 2021

(a) For purposes of this section, the term “qualified third party” means any of the following persons acting in their official capacity:

(1) A law enforcement officer, as defined in § 4-1301.02(14);

(2) A sworn officer of the D.C. Housing Authority Office of Public Safety;

(3) A health professional, as defined in § 3-1201.01(8); or

(4) A domestic violence counselor as defined in § 14-310(a)(2).

(b) If a tenant, who is a victim, or who is the parent or guardian of a minor victim, of an intrafamily offense or actions relating to an intrafamily offense, as defined in § 16-1001(8), provides a housing provider with a copy of an order under § 16-1005 in response to a petition filed by or on behalf of the tenant, the tenant shall be released from obligations under the rental agreement.

(c) If a tenant who is a victim, or who is the parent or guardian of a minor victim, of an intrafamily offense or actions relating to an intrafamily offense, as defined in § 16-1001(8), provides a housing provider with documentation signed by a qualified third party showing that the tenant has reported the intrafamily offense to the third party acting in his or her official capacity, the tenant shall be released from obligations under the rental agreement.

(d) The release from a rental agreement shall be effective upon the earlier of:

(1) Fourteen days after the housing provider receives:

(A) Written notice of the lease termination under this section; and

(B) Documentation pursuant to subsection (b) or (c) of this section; or

(2) Upon the commencement of a new tenancy for the unit.

(e) Any request by the tenant for termination of the rental agreement under this section shall be made within 90 days of the reported act, event, or circumstance that was cited in the petition or reported to a qualified third party.

(f) Notwithstanding any penalty provided under a rental agreement, a tenant who is released from the rental agreement under this section shall be liable only for his or her rental payment obligation, pro-rated to the earlier of:

(1) The date the housing provider rents the unit to a new tenant or party who succeeds to the tenant’s rights under the original agreement; or

(2) Fourteen days after the request for the release.

(g) This section shall not affect section 2908 of the Housing Regulations of the District of Columbia, effective August 11, 1955 (C.O. 55-1503; 14 DCMR § 308 through § 311), or the tenant’s liability for delinquent, unpaid rent, or other sums owed to the housing provider before the lease was terminated by the tenant under this section.

§ 42-3505.08. Victims of an intrafamily offense protection --change locks and notice.

Actualizada: 
13 de julio de 2021

(a) Upon the written request of a tenant who is the victim of an intrafamily offense, as defined in § 16-1001(8), a housing provider shall change the locks to all entrance doors to that tenant’s unit within 5 business days; provided, that if the perpetrator of the intrafamily offense is a tenant in the same dwelling unit as the tenant who makes the request, the tenant who makes the request shall provide the landlord with a copy of a protective order issued pursuant to § 16-1005 ordering the perpetrator to stay away from, or avoid, the tenant who makes the request, any other household member, or the dwelling unit. If the perpetrator of the intrafamily offense is not, or is no longer, a tenant in the same dwelling unit as the tenant who makes the request, no documentation of the intrafamily offense shall be required.

(b) The housing provider shall pay the cost of changing the locks. No later than 45 days after the housing provider provides the tenant who makes the request with documentation of the cost of changing the locks, the tenant shall reimburse the housing provider for such cost and any associated fee; provided, that the fee shall not exceed the fee imposed on any other tenant for changing the locks under any other circumstances.

(c) Upon receipt of a copy of the court order pursuant to subsection (a) of this section, unless the court orders that the perpetrator be allowed to return to the unit for some purpose, the housing provider shall not provide the perpetrator with keys to the unit or otherwise permit the perpetrator access to the unit or to property within the unit.

(d) The housing provider shall not be liable to the perpetrator for any civil damages as a result of actions the housing provider takes to comply with this section.

(e) This section shall not be construed to relieve the perpetrator of any obligation under a lease agreement or any other liability to the housing provider.

Division VIII. General Laws.

Actualizada: 
13 de julio de 2021

Title 46. Domestic Relations

Actualizada: 
13 de julio de 2021

Subtitle I. General

Actualizada: 
13 de julio de 2021

Chapter 2. Child Support and Medical Support Enforcement.

Actualizada: 
13 de julio de 2021

Subchapter I. Child Support Enforcement.

Actualizada: 
13 de julio de 2021

§ 46-205. Contents of support order.

Actualizada: 
13 de julio de 2021

All support orders, whether they are original orders or modifications of existing orders, shall contain the following:

(1) A provision requiring the withholding of support payments from the obligor’s earnings or other income in accordance with this subchapter;

(2) Notice that the support order shall be enforceable by withholding as specified in §§ 46-207 and 46-207.01;

(3) Notice that payments required by a support order specified in § 46-202.01(b) shall be made through the Collection and Disbursement Unit and any other payments shall be considered a gift and shall not offset the duty of support;

(4) A provision that directs the parties to file and update the information specified in § 46-226.02 with the IV-D agency and the Court in accordance with that section;

(5) Terms providing for the payment of the child’s medical expenses, whether or not health insurance is available to pay for those expenses, which shall include a provision directing the obligor and obligee to notify the IV-D agency and the Court of the following:

(A) Any change in either the obligor’s or the obligee’s access to health insurance coverage for the child or the reasonableness of the costs of coverage; and

(B) All health insurance policy information necessary to enroll the child in the health insurance to which the obligor or obligee has access;

(6) Notice that if the obligor is required under the support order to provide health insurance coverage for a child, the obligor’s employer will, upon receipt of notice of the health insurance coverage provision, enroll the child in health insurance coverage and deduct the premiums from the obligor’s earnings in accordance with §§ 1-307.41, 1-307.42, and subchapter II of this chapter;

(7) Notice that the amount and name of the obligor and obligee of all support orders entered, modified, registered, or enforced in the District after December 23, 1997 shall be reported to a consumer credit reporting agency if the obligor owes overdue support in the amount of $1,000 or more;

(8) The name, address, and telephone number of the obligor’s current employer; and

(9) Notice that an order to withhold may be changed upon a motion by a party or the IV-D agency for a reapportionment of periodic arrears payments pursuant to § 46-208(c).

Title 51. Social Security.

Actualizada: 
13 de julio de 2021

Chapter 1. Unemployment Compensation.

Actualizada: 
13 de julio de 2021

Subchapter I. General.

Actualizada: 
13 de julio de 2021

Part A. Administration of the District Unemployment Fund.

Actualizada: 
13 de julio de 2021

§ 51-109. Eligibility for benefits.

Actualizada: 
13 de julio de 2021

(a) An unemployed individual shall be eligible to receive benefits with respect to any week only if it has been found by the Director:

(1) That he has made a claim for benefits with respect to such week;

(2) That he has during his base period been paid wages for employment by employers equal to those required by subsection (c) of § 51-107;

(3) That he is physically able to work;

(4)(A) That he is available for work and has registered and inquired for work at the employment office designated by the Director, with such frequency and in such manner as the Director may by regulation prescribe; provided, that failure to comply with this condition may be excused by the Director upon a showing of good cause for such failure; and the Director may by regulation waive or alter the requirements of this subsection as to such types of cases or situations with respect to which it finds that compliance with such requirements would be oppressive or would be inconsistent with the purposes of this subchapter; and

(B) That he has made a minimum of 2 contacts for new work in such week; provided, that failure to comply with this condition may be excused by the Director in the manner as the condition imposed by paragraph (4)(A) of this section;

(5) That he has been unemployed for a waiting period of 1 week. No week shall be counted as a week of unemployment for the purposes of this paragraph:

(A) Unless it occurs within the benefit year which includes the week with respect to which he claims payment of benefits;

(B) If benefits have been paid with respect thereto; and

(C) Unless the individual was eligible for benefits with respect thereto as provided in this section and § 51-110, except for the requirements of this paragraph and of subsection (f) of § 51-110;

(6) That he is not a prisoner in a District of Columbia correctional or penal institution who was employed in the free community under authority of subchapter V of Chapter 2 of Title 24, or that he has not made a claim for benefits with respect to a week during which he was a prisoner in a District of Columbia correctional or penal institution;

(7)(A) Benefits based on service in employment defined in § 51-101(2)(A)(ii) and (iii) shall be payable in the same amount, on the same terms, and subject to the same conditions as compensation payable on the basis of other service subject to this subchapter; except that benefits based on service in an instructional, research, or principal administrative capacity in an institution of higher education (as defined in § 51-101(23)) shall not be paid to an individual for any week of unemployment which begins during the period between 2 successive academic years, or during a similar period between 2 regular terms, whether or not successive, or during a period of paid sabbatical leave provided for in the individual’s contract, if the individual has reasonable assurance of performing services in any such capacity for any institution or institutions of higher education for both such academic years or both such terms.

(B) Benefits based on service in employment defined in § 51-101(2)(A)(ii) and (iii) shall be payable in the same amount, on the same terms and subject to the same conditions as benefits payable on the basis of other service subject to this subchapter; except, that with respect to weeks of unemployment beginning after December 31, 1977, in an instructional, research, or principal administrative capacity for an educational institution, benefits shall not be paid based on such services for any week of unemployment commencing during the period between 2 successive academic years or terms (or, when an agreement provides instead for a similar period between 2 regular but not successive terms, during such period) or during a period of paid sabbatical leave provided for in the individual’s contract, to any individual if such individual performs such services in the first of such academic years or terms and there is a reasonable assurance that such individual will perform services in any such capacity for any educational institution in the second of such academic years or terms. Subparagraph (A) of this paragraph shall apply with respect to benefits payable for weeks of unemployment beginning before January 1, 1978, based on such services.

(C)(i) Effective for weeks of compensation beginning on or after April 1, 1984, with respect to services performed in any capacity other than specified above for an educational institution or in an institution of higher education, benefits shall not be payable on the basis of such services to any individual for any week which commences during a period between 2 successive academic years or terms if such individual performs such services in the first of such academic years or terms and there is reasonable assurance that such individual will perform such services in the second of such academic years or terms.

(ii) If compensation is denied to any individual under this subparagraph and such individual was not offered an opportunity to perform such services for the educational institution for the second of such academic years or terms, such individual shall be entitled to a retroactive payment of compensation for each week for which the individual filed a timely claim for compensation and for which compensation was denied solely by reason of this subparagraph.

(D) With respect to any services described in this paragraph, benefits shall not be payable on the basis of services in any such capacities to any individual for any week which commences during an established and customary vacation period or holiday recess if such individual performs such services in the period immediately before such vacation period or holiday recess, and there is a reasonable assurance that such individual will perform such services in the period immediately following such vacation period or holiday recess.

(E)(i) With respect to any services described in this paragraph, benefits shall not be payable on the basis of services in any such capacities to any individual who performed such services in an educational institution while in the employ of an educational service agency.

(ii) For purposes of this subparagraph the term “educational service agency” means a governmental agency or governmental entity which is established and operated exclusively for the purpose of providing such services to 1 or more educational institutions.

(8) Benefits shall not be paid to any individual on the basis of any services, substantially all of which consist of participating in sports or athletic events or training or preparing to so participate, for any week which commences during the period between 2 successive sport seasons (or similar periods) if such individual performed such services in the first of such seasons (or similar periods) and there is a reasonable assurance that such individual will perform such services in the later of such seasons (or similar periods); and

(9)(A) Benefits shall not be paid on the basis of services performed by an alien unless such alien is an individual who was lawfully admitted for permanent residence at the time such services were performed, was lawfully present for purposes of performing such services, or was permanently residing in the United States under color of law at the time such services were performed (including an alien who was lawfully present in the United States as a result of the application of the provisions of § 1153 or § 1182 of Title 8, United States Code).

(B) Any data or information required of individuals applying for benefits to determine whether benefits are not payable to them because of their alien status shall be uniformly required from all applicants for benefits.

(C) In the case of an individual whose application for benefits would otherwise be approved, no determination that benefits to such individual are not payable because of his alien status shall be made except upon a preponderance of the evidence.

(b) During a period of time for which the Mayor has declared a public health emergency pursuant to § 7-2304.01, the Director shall have broad discretion to waive any eligibility requirements set forth in this subchapter other than the physical ability and availability requirement when the Director deems such waiver to be in the public interest.

Part B. Domestic Violence.

Actualizada: 
13 de julio de 2021

§ 51-131. Separation from employment due to domestic violence.

Actualizada: 
13 de julio de 2021

(a) Notwithstanding any other provision of this subchapter, no otherwise eligible individual shall be denied benefits for any week because the individual was separated from employment by discharge or voluntary or involuntary resignation due to domestic violence against the individual or any member of the individual’s immediate family, unless the individual was the perpetrator of the domestic violence.

(b) For the purposes of this part, the term “domestic violence” shall have the same meaning as “intrafamily offense”, as defined in § 16-1001(8).

§ 51-132. Supporting evidence required to support payment of benefits due to domestic violence.

Actualizada: 
13 de julio de 2021

A claimant may be eligible to receive benefits for separation from employment due to domestic violence provided that one of the following is submitted to support the claim of domestic violence:

(1) A police report or record;

(2) A governmental agency or court record, such as a court order, a Petition for a Civil Protection Order, or a record or report from Child Services; or

(3) A written statement, which affirms that the claimant has sought assistance for domestic violence from the signatory, from a:

(i) Shelter official;

(ii) Social worker;

(iii) Counselor;

(iv) Therapist;

(v) Attorney;

(vi) Medical doctor; or

(vii) Cleric.