ENROLLED ORIGINAL
AN ACT
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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To enact a new Title 22A of the District of Columbia Official Code and to repeal the
corresponding organic statutes in the current Title 22; to amend the Firearms Control
Regulations Act of 1975 to revise the current unauthorized possession of a firearm or
destructive device offense, the current unauthorized possession of ammunition offense,
the current possession of a stun gun offense, and the current unlawful storage of a firearm
offense, to repeal the current possession of self-defense spray offense, to codify a new
carrying an air or spring gun offense, and to codify a new carrying a pistol in an unlawful
manner offense; to amend Title 16 of the District of Columbia Official Code to revise the
jury demandability statute, the criminal contempt for violation of a civil protection order
statute, and the parental kidnapping statutes; to amend Title 23 of the District of
Columbia Official Code to revise the failure to appear after release on citation or bench
warrant bond offense, the failure to appear in violation of a court order offense, and the
criminal contempt for violation of a release condition offense; to amend the District of
Columbia Work Release Act to revise the violation of work release offense; to amend An
Act to Establish a Board of Indeterminate Sentence and Parole for the District of
Columbia and to determine its functions, and for other purposes, to revise authorized
terms of supervised release for all crimes, repeal imprisonment terms for select crimes
addressed elsewhere, and expand the ability of adults to petition for modifications of
imposed terms of imprisonment; to amend section 25-1001 of the District of Columbia
Official Code to revise the possession of an open container of alcohol offense; to amend
An Act To establish a code of law for the District of Columbia to abolish common law
criminal offenses; to amend the Drug Paraphernalia Act of 1982 to repeal and revise
various drug paraphernalia offenses; to repeal archaic criminal offenses in the District of
Columbia Official Code; and to make other technical and conforming changes.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
act may be cited as the Revised Criminal Code Act of 2022.
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Title I. CRIMINAL CODE ENACTMENT.
Sec. 101. A new Title 22A of the District of Columbia Official Code is added and
enacted into law to read as follows (quotation marks omitted):
TITLE 22A
REVISED CRIMINAL CODE
Chapter
1. General Part.
2. Offenses Against Persons.
3. Property Offenses.
4. Offenses Against Government Operations.
5. Public Order and Safety Offenses.
CHAPTER 1. GENERAL PART.
SUBCHAPTER I. PRELIMINARY PROVISIONS.
Sec.
22A-101. Definitions.
22A-102. Rules of interpretation.
22A-103. Interaction of Title 22A with other District laws.
22A-104. Applicability of the General Part.
22A-105. Role of Commentaries.
SUBCHAPTER II. BASIC REQUIREMENTS OF OFFENSE LIABILITY.
22A-201. Proof of offense elements beyond a reasonable doubt.
22A-202. Conduct requirement.
22A-203. Voluntariness requirement.
22A-204. Causation requirement.
22A-205. Culpable mental state requirement.
22A-206. Definitions and hierarchy of culpable mental states.
22A-207. Rules of interpretation applicable to culpable mental states.
22A-208. Principles of liability governing accident, mistake, and ignorance.
22A-209. Principles of liability governing intoxication.
22A-210. Accomplice liability.
22A-211. Criminal liability for conduct by an innocent or irresponsible person.
22A-212. Merger of related offenses.
22A-213. Judicial dismissal for minimal or unforeseen harms.
22A-214. Minimum age for offense liability.
SUBCHAPTER III. INCHOATE LIABILITY.
22A-301. Criminal attempt.
22A-302. Criminal solicitation.
22A-303. Criminal conspiracy.
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22A-304. Exceptions to general inchoate liability.
22A-305. Renunciation defense to attempt, conspiracy, and solicitation.
SUBCHAPTER IV. JUSTIFICATION DEFENSES.
22A-401. Lesser harm.
22A-402. Execution of public duty.
22A-403. Defense of self or another person.
22A-404. Defense of property.
22A-405. Special responsibility for care, discipline, or safety defenses.
SUBCHAPTER V. EXCUSE DEFENSES.
22A-501. Duress.
22A-502. Temporary possession.
22A-503. Entrapment.
22A-504. Mental disability defense.
SUBCHAPTER VI. OFFENSE CLASSES, PENALTIES, AND ENHANCEMENTS.
22A-601. Offense classifications.
22A-602. Authorized dispositions.
22A-603. Authorized terms of imprisonment.
22A-604. Authorized fines.
22A-605. Charging and proof of penalty enhancements.
22A-606. Repeat offender penalty enhancement.
22A-607. Pretrial release penalty enhancement.
22A-608. Hate crime penalty enhancement.
22A-609. Hate crime penalty enhancement civil provisions.
22A-610. Abuse of government power penalty enhancement.
CHAPTER 2. OFFENSES AGAINST PERSONS.
SUBCHAPTER I. HOMICIDE.
22A-2101. Murder.
22A-2102. Manslaughter.
22A-2103. Negligent homicide.
SUBCHAPTER II. ROBBERY, ASSAULT, AND THREATS.
22A-2201. Robbery.
22A-2202. Carjacking.
22A-2203. Assault.
22A-2204. Assault on a law enforcement officer.
22A-2205. Criminal threats.
22A-2206. Offensive physical contact.
SUBCHAPTER III. SEXUAL ASSAULT AND RELATED PROVISIONS.
22A-2301. Sexual assault.
22A-2302. Sexual abuse of a minor.
22A-2303. Sexual abuse by exploitation.
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22A-2304. Sexually suggestive conduct with a minor.
22A-2305. Enticing a minor into sexual conduct.
22A-2306. Arranging for sexual conduct with a minor or person incapable of consenting.
22A-2307. Nonconsensual sexual conduct.
22A-2308. Incest.
22A-2309. Civil provisions on the duty to report a sex crime.
22A-2310. Admission of evidence in sexual assault and related cases.
SUBCHAPTER IV. KIDNAPPING, CRIMINAL RESTRAINT, AND BLACKMAIL.
22A-2401. Kidnapping.
22A-2402. Criminal restraint.
22A-2403. Blackmail.
SUBCHAPTER V. ABUSE AND NEGLECT OF VULNERABLE PERSONS.
22A-2501. Criminal abuse of a minor.
22A-2502. Criminal neglect of a minor.
22A-2503. Criminal abuse of a vulnerable adult or elderly person.
22A-2504. Criminal neglect of a vulnerable adult or elderly person.
SUBCHAPTER VI. HUMAN TRAFFICKING.
22A-2601. Forced labor.
22A-2602. Forced commercial sex.
22A-2603. Trafficking in labor.
22A-2604. Trafficking in forced commercial sex.
22A-2605. Sex trafficking of a minor or adult incapable of consenting.
22A-2606. Benefiting from human trafficking.
22A-2607. Misuse of documents in furtherance of human trafficking.
22A-2608. Commercial sex with a trafficked person.
22A-2609. Forfeiture.
22A-2610. Reputation or opinion evidence.
22A-2611. Civil action.
22A-2612. Limitation on liability and sentencing for human trafficking offenses.
22A-2613. Civil forfeiture.
SUBCHAPTER VII. TERRORISM.
22A-2701. Act of terrorism.
22A-2702. Material support for an act of terrorism.
22A-2703. Manufacture or possession of a weapon of mass destruction.
22A-2704. Use, dissemination, or detonation of a weapon of mass destruction.
SUBCHAPTER VIII. STALKING, OBSCENITY, AND INVASIONS OF PRIVACY.
22A-2801. Stalking.
22A-2802. Electronic stalking.
22A-2803. Voyeurism.
22A-2804. Unauthorized disclosure of a sexual recording.
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22A-2805. Distribution of an obscene image.
22A-2806. Distribution of an obscene image to a minor.
22A-2807. Creating or trafficking an obscene image of a minor.
22A-2808. Possession of an obscene image of a minor.
22A-2809. Arranging a live sexual performance of a minor.
22A-2810. Attending or viewing a live sexual performance of a minor.
CHAPTER 3. PROPERTY OFFENSES.
SUBCHAPTER I. PROPERTY OFFENSE SUBTITLE PROVISIONS.
22A-3101. Aggregation to determine property offense grades.
SUBCHAPTER II. THEFT.
22A-3201. Theft.
22A-3202. Unauthorized use of property.
22A-3203. Unauthorized use of a motor vehicle.
22A-3204. Shoplifting.
22A-3205. Unlawful creation or possession of a recording.
22A-3206. Unlawful operation of a recording device inside a movie theater.
SUBCHAPTER III. FRAUD.
22A-3301. Fraud.
22A-3302. Payment card fraud.
22A-3303. Check fraud.
22A-3304. Forgery.
22A-3305. Identity theft.
22A-3306. Identity theft civil provisions.
22A-3307. Unlawful labeling of a recording.
22A-3308. Financial exploitation of a vulnerable adult or elderly person.
22A-3309. Financial exploitation of a vulnerable adult or elderly person civil provisions.
22A-3310. Trademark counterfeiting.
SUBCHAPTER IV. EXTORTION.
22A-3401. Extortion.
SUBCHAPTER V. STOLEN PROPERTY.
22A-3501. Possession of stolen property.
22A-3502. Trafficking of stolen property.
22A-3503. Alteration of a motor vehicle identification number.
22A-3504. Alteration of a bicycle identification number.
SUBCHAPTER VI. PROPERTY DAMAGE.
22A-3601. Arson.
22A-3602. Reckless burning.
22A-3603. Criminal damage to property.
22A-3604. Criminal graffiti.
SUBCHAPTER VII. TRESPASS.
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22A-3701. Trespass.
SUBCHAPTER VIII. BURGLARY.
22A-3801. Burglary.
22A-3802. Possession of tools to commit a property crime.
CHAPTER 4. OFFENSES AGAINST GOVERNMENT OPERATIONS.
SUBCHAPTER I. BRIBERY, IMPROPER INFLUENCE, AND OFFICIAL MISCONDUCT.
[Reserved].
SUBCHAPTER II. PERJURY AND OTHER OFFICIAL FALSIFICATION OFFENSES.
22A-4201. Impersonation of an official.
22A-4202. Misrepresentation as a District of Columbia entity.
22A-4203. Perjury.
22A-4204. Perjury by false certification.
22A-4205. Solicitation of perjury.
22A-4206. False swearing.
22A-4207. False statements.
22A-4208. Impersonation of another before a tribunal, officer, or person.
SUBCHAPTER III. OBSTRUCTION OF GOVERNMENT OPERATIONS.
22A-4301. Obstruction of justice.
22A-4302. Tampering with a witness or informant.
22A-4303. Tampering with a juror or court official.
22A-4304. Retaliation against a witness, informant, juror, or court official.
22A-4305. Tampering with evidence.
22A-4306. Hindering apprehension or prosecution.
SUBCHAPTER IV. GOVERNMENT CUSTODY.
22A-4401. Escape from a correctional facility or officer.
22A-4402. Tampering with a detection device.
22A-4403. Correctional facility contraband.
22A-4404. Resisting arrest or interfering with the arrest of another person.
CHAPTER 5. PUBLIC ORDER AND SAFETY OFFENSES.
SUBCHAPTER I. WEAPON OFFENSES AND RELATED PROVISIONS.
22A-5101. Merger of related weapon offenses.
22A-5102. Exclusions from liability for weapon offenses.
22A-5103. Possession of a prohibited weapon or accessory.
22A-5104. Carrying a dangerous weapon.
22A-5105. Possession of a dangerous weapon with intent to commit a crime.
22A-5106. Possession of a dangerous weapon during a crime.
22A-5107. Possession of a firearm by an unauthorized person.
22A-5108. Negligent discharge of a firearm.
22A-5109. Alteration of a firearm identification mark.
22A-5110. Civil provisions for prohibitions of firearms on public or private property.
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22A-5111. Civil provisions for lawful transportation of a firearm or ammunition.
22A-5112. Civil provisions for issuance of a license to carry a pistol.
22A-5113. Unlawful sale of a pistol.
22A-5114. Unlawful transfer of a firearm.
22A-5115. Sale of a firearm without a license.
22A-5116. Civil provisions for licenses of firearms dealers.
22A-5117. Unlawful sale of a firearm by a licensed dealer.
22A-5118. Use of false information for purchase or licensure of a firearm.
22A-5119. Civil provisions for taking and destruction of dangerous articles.
22A-5120. Endangerment with a firearm.
SUBCHAPTER II. BREACHES OF PEACE.
22A-5201. Disorderly conduct.
22A-5202. Public nuisance.
22A-5203. Blocking a public way.
22A-5204. Unlawful demonstration.
22A-5205. Breach of home privacy.
22A-5206. Indecent exposure.
22A-5207. Public urination or defecation.
SUBCHAPTER III. GROUP MISCONDUCT.
22A-5301. Failure to disperse.
SUBCHAPTER IV. PROSTITUTION AND RELATED STATUTES.
22A-5401. Prostitution.
22A-5402. Patronizing prostitution.
22A-5403. Trafficking in commercial sex.
22A-5404. Civil forfeiture.
SUBCHAPTER V. CRUELTY TO ANIMALS.
[Reserved].
SUBCHAPTER VI. OFFENSES AGAINST THE FAMILY AND YOUTH.
22A-5601. Contributing to the delinquency of a minor.
22A-5602. Bigamy.
SUBCHAPTER VII. GAMBLING.
22A-5701. Promoting gambling.
22A-5702. Rigging a publicly exhibited contest.
22A-5703. Permissible gambling activity.
SUBCHAPTER VIII. ENVIRONMENTAL OFFENSES.
[Reserved].
CHAPTER 1. GENERAL PART.
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SUBCHAPTER I. PRELIMINARY PROVISIONS.
22A-101. Definitions.
For the purposes of this title, the term:
(1) Act shall have the same meaning as provided in 22A-202.
(2) Actor means a person accused of a criminal offense.
(3) Ammunition shall have the same meaning as provided in 7-2501.01(2).
(4)(A) Amount of damage means:
(i) When property is completely destroyed, the propertys fair
market value at the time it was destroyed; or
(ii) When the property is partially damaged, either:
(I) The reasonable cost of necessary repairs, if there are
repairs; or
(II) If there are no repairs, the change in the fair market
value of the property due to the damage.
(B) Notwithstanding subparagraph (A)(ii) of this paragraph, if the
reasonable cost of necessary repairs is greater than the fair market value of the property at the
time it was partially damaged, that fair market value is the amount of damage.
(5) Assault weapon shall have the same meaning as provided in 7-
2501.01(3A).
(6) Audiovisual recording means a material object upon which are fixed a series
of related images which are intrinsically intended to be shown by the use of machines or devices
such as projectors, viewers, or electronic equipment, now existing or later developed, together
with any accompanying sounds.
(7) Biological agent means any microorganism, virus, infectious substance, or
biological product that may be bioengineered, or any naturally occurring or bioengineered
component of any such microorganism, virus, infectious substance, or biological product,
capable of causing:
(A) Death, disease, or other biological malfunction in a human, an animal,
a plant, or another living organism;
(B) Deterioration of food, water, equipment, supplies, or material of any
kind; or
(C) Deleterious alteration of the environment.
(8) Block, and other parts of speech, including blocks and blocking, mean
to render safe passage through a space difficult or impossible.
(9) Bodily injury means physical pain, physical injury, illness, or impairment of
physical condition.
(10) Building means a structure affixed to land that is designed to contain one
or more natural persons.
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(11) Bump stock means any object that, when installed in or attached to a
firearm, increases the rate of fire by using energy from the recoil of the firearm to generate a
reciprocating action that facilitates repeated activation of the trigger.
(12) Business yard means securely fenced or walled land where goods are
stored or merchandise is traded.
(13) Check means any written instrument for payment of money by a financial
institution.
(14) Circumstance element shall have the same meaning as provided in 22A-
201.
(15) Class A contraband means:
(A) A dangerous weapon or an imitation dangerous weapon;
(B) Ammunition or an ammunition clip;
(C) A flammable liquid or explosive powder;
(D) A knife, screwdriver, ice pick, box cutter, needle, or any other tool
capable of cutting, slicing, stabbing, or puncturing a person;
(E) A shank or a homemade knife;
(F) Tear gas, pepper spray, or any other substance that is designed or
specifically adapted for causing temporary blindness or incapacitation;
(G) A tool that is designed or specifically adapted for picking locks,
cutting chains, cutting glass, bypassing an electronic security system, or bypassing a locked door;
(H) Handcuffs, security restraints, handcuff keys, or any other object that
is designed or specifically adapted for locking, unlocking, or releasing handcuffs or security
restraints;
(I) A hacksaw, hacksaw blade, wire cutter, file, or any other object or tool
that is designed or specifically adapted for cutting through metal, concrete, or plastic;
(J) Rope; or
(K) A law enforcement officers uniform, medical staff clothing, or any
other uniform.
(16) Class B contraband means:
(A) Any controlled substance or marijuana;
(B) Any alcoholic liquor or beverage;
(C) A hypodermic needle or syringe or other item that is designed or
specifically adapted for administering an unlawful controlled substance; or
(D) A portable electronic communication device or an accessory to a
portable electronic communication device.
(17) Close relative means a parent, grandparent, sibling, child, grandchild, aunt,
or uncle.
(18) Coercive threat means a communication that, unless the complainant
complies, any person will do any of the following:
(A) Engage in conduct that, in fact, constitutes:
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(i) An offense against persons under Chapter 2 of this title; or
(ii) A property offense under Chapter 3 of this title;
(B) Take or withhold action as a public official, or cause a public official
to take or withhold action;
(C) Accuse a person of a crime;
(D) Expose a secret, publicize an asserted fact, or distribute a photograph,
video or audio recording, regardless of the truth o