District of Columbia Criminal Laws: Felony and Misdemeanor Classes, Theft, Self-Defense and Bail

The D.C. Code sets the prison term in each offense's own section rather than through lettered felony classes. Maximum fines are keyed to the offense's maximum prison term (§ 22-3571.01(b)): $12,500 if punishable by 5 years or less but more than one year; $25,000 if 10 years or less but more than 5 years; $37,500 if 15 years or less but more than 10 years; $50,000 if 20 years or less but more than 15 years; $75,000 if 30 years or less but more than 20 years; $125,000 if more than 30 years; $250,000 if the offense resulted in death.

Jail terms are set in each offense's section. Maximum fines by maximum jail term (§ 22-3571.01(b)): $100 if punishable by 10 days or less; $250 if 30 days (one month) or less but more than 10 days; $500 if 90 days (3 months) or less but more than 30 days; $1,000 if 180 days (6 months) or less but more than 90 days; $2,500 if one year or less but more than 180 days.

Theft in the first degree applies when the value of the property obtained or used is $1,000 or more (or two or more thefts within 6 months with an aggregate value of $1,000 or more); penalty up to 10 years of incarceration and/or a fine under § 22-3571.01. Theft in the second degree applies if the property has some value; penalty not more than 180 days and/or a fine. A person with two or more prior theft convictions (not committed on the same occasion) faces not more than 15 years, with a mandatory minimum of not less than one year.

May be commenced at any time: murder in the first or second degree, several sexual abuse offenses, and incest (§ 23-113(a)(1)). 15 years for offenses properly joinable with those crimes. 10 years for certain crimes including child sexual performance and child sex trafficking. Other felonies: 6 years after the offense. Any other criminal offense (misdemeanors): 3 years. For listed offenses against minors (e.g., enticing a child, using a minor in a sexual performance) the period does not begin until the victim reaches 21 years of age. 'No statute of limitations shall extend to any person fleeing from justice.' Extensions apply for official misconduct and fraud or breach of fiduciary trust (capped at 9 years for felonies and 6 years for misdemeanors).

The default is release: 'The judicial officer shall order the pretrial release of the person on personal recognizance, or upon execution of an unsecured appearance bond in an amount specified by the court,' unless that will not reasonably assure appearance or will endanger the safety of any other person or the community. If not, the officer imposes the least restrictive further condition or combination of conditions. A judicial officer may not impose a financial condition to assure community safety, and may impose one to assure the defendant's presence only if it does not result in the preventive detention of the person; a person detained because of inability to meet conditions is entitled, on application, to review of the conditions (§ 23-1321). Pretrial detention requires a hearing, held immediately upon first appearance (continuances limited to 5 days for the defense and 3 days for the government absent good cause), and a finding by clear and convincing evidence that no condition or combination of conditions will reasonably assure appearance and safety; rebuttable presumptions apply for certain armed and violent crimes. A detained person generally must be indicted within 90 days and have trial commence within 100 days (§ 23-1322).

Counsel is provided under a court plan to any person in the District who is financially unable to obtain adequate representation and is charged with a felony, misdemeanor or other offense where the Sixth Amendment requires counsel; the plan includes attorneys furnished by the Public Defender Service, private attorneys, and clinical-program attorneys and students (§ 11-2601). The Public Defender Service may represent persons financially unable to obtain adequate representation who are charged with an offense punishable by imprisonment for a term of 6 months or more, among other listed categories; the determination of financial inability is based on information provided by the person to be represented, and the court may require information from other persons or agencies (§ 2-1602).

'Child' means a person who has not yet attained the age of 16 years (§ 22-3001(3)). First degree child sexual abuse applies to a person who, 'being at least 4 years older than a child,' engages in a sexual act with that child; the penalty is imprisonment for any term of years or for life (§ 22-3008). This makes 16 the age of consent, with no offense under this section where the actor is less than 4 years older.

Adult possession is legal. A person 21 or older may lawfully possess, use, purchase or transport marijuana weighing 2 ounces or less; transfer to another person 21 or older, without remuneration, marijuana weighing one ounce or less; and grow no more than 6 cannabis plants, with 3 or fewer being mature, flowering plants, in a principal residence (no more than 12 plants, 6 mature, per house or rental unit) (§ 48-904.01(a)(1)). Possession of a controlled substance without authorization is otherwise a misdemeanor punishable by not more than 180 days and a fine under § 22-3571.01 (§ 48-904.01(d)(1)).

Simple assault, unlawfully assaulting or threatening another person in a menacing manner, is punishable by up to 180 days in jail, a fine, or both. If the assault intentionally, knowingly or recklessly causes significant bodily injury (such as a broken bone, an injury needing hospital treatment or stitches, a second-degree burn, or any loss of consciousness), the maximum is 3 years. Aggravated assault, knowingly or purposely causing serious bodily injury (substantial risk of death, protracted disfigurement or loss of function, a third-degree burn, a gunshot wound), or causing it through conduct showing extreme indifference to human life, is punishable by up to 10 years; attempted aggravated assault carries up to 5 years. Committing a crime of violence while armed can add up to 30 more years, with mandatory minimums for firearms.

The District of Columbia has no separate battery crime. Unwanted harmful or offensive contact is charged as assault under D.C. Code § 22-404 (up to 180 days, or up to 3 years with significant bodily injury) or as aggravated assault under § 22-404.01. There is no separate domestic battery offense; see domestic violence.

D.C. does not have a separate domestic assault crime. Any criminal offense committed against an intimate partner (a current or former spouse or domestic partner, a person with a child in common, or a current, former or sought-after dating or sexual partner), a family member, or a household member is an 'intrafamily offense' and is charged under the ordinary statute, such as assault. Strangulation, knowingly, intentionally or recklessly restricting someone's blood circulation or breathing by pressure on the throat, neck or chest or by blocking the nose or mouth, is punishable by up to 5 years. The maximum fine and prison term rise to 1 1/2 times the normal maximum if the victim suffers serious bodily injury, a stay-away or no-contact order was in effect, or the person was convicted of an intrafamily offense within the previous 5 years.

Shoplifting is a separate crime in D.C.: with intent to take merchandise without full payment, knowingly concealing or taking possession of it, removing or altering a price tag or identification mark, or moving it to a different container or package. It is punishable by up to 90 days in jail, a fine, or both, and attempted shoplifting is not a crime. Under the merchant civil recovery law, anyone who commits fraud, shoplifting or theft from a merchant is civilly liable for treble the actual damages and the retail value of unrecovered goods (or the lost value of recovered goods), or a minimum of $50, whichever is greater; parents or guardians are liable for a juvenile's acts. Merchants who detain a suspect on probable cause in a reasonable manner and notify police are protected from liability.

Burglary is breaking and entering, or entering without breaking, a dwelling, building, store, vessel, railroad car or similar place with intent to steal or commit any crime. It is burglary in the first degree, punishable by 5 to 30 years, when someone is in the dwelling or sleeping room at the time; all other burglary is second degree, punishable by 2 to 15 years. Robbery is taking anything of value from a person or their immediate possession by force or violence, by sudden or stealthy snatching, or by putting them in fear, punishable by 2 to 15 years; attempted robbery carries up to 3 years. D.C. does not have separate armed burglary or armed robbery grades, but committing these crimes while armed adds up to 30 years, with a mandatory minimum of 5 years when a firearm is used.

Vandalism is called malicious destruction of property in D.C.: maliciously injuring, breaking or destroying (or attempting to) any public or private property that is not one's own. If the property is worth $1,000 or more, the penalty is up to 10 years; if it has some value, up to 180 days. Graffiti is the separate offense of defacing public or private property (writing, marking, drawing or painting on property without the owner's consent), punishable by a fine of not less than $250, up to 180 days in jail, or both, plus mandatory restitution and possible community service. Possessing graffiti material with intent to put graffiti on property without consent is punishable by a fine of $100 to $1,000.

Trespassing is called unlawful entry in D.C. Entering or trying to enter a private dwelling, building or other property against the will of the lawful occupant, or refusing to leave when the occupant or person in charge demands it, is a misdemeanor punishable by up to 180 days in jail, a fine, or both. Being found in a vacant, boarded-up or secured property, or one that displays a no trespassing sign, is prima facie evidence of entry against the owner's will. Unlawful entry into a public building or other public property, or refusing to leave it on demand, is a misdemeanor punishable by up to 6 months, a fine, or both.

Knowingly or intentionally possessing a controlled substance without a valid prescription is a misdemeanor punishable by up to 180 days in jail, a fine, or both; possessing liquid PCP is a felony with up to 3 years. A first offender found guilty of simple possession may, with consent, be placed on probation for up to one year without a judgment of guilt; if probation is completed the court dismisses the case, which is not a conviction, and the person may then apply to have the records expunged. Using or possessing drug paraphernalia for the personal use of a controlled substance is not unlawful in D.C.; other prohibited use or possession of paraphernalia carries up to 30 days, and selling or delivering paraphernalia carries up to 6 months (2 years after a prior conviction).

D.C. calls hit and run leaving after colliding. A driver who knows or has reason to believe the vehicle was in a collision must stop; if someone is injured the driver must call 911 or an ambulance if needed, stay until police arrive, and give identifying information. Leaving after a crash that injures someone is punishable by up to 180 days (up to one year with a prior offense). Failing to give information after damaging someone else's property or injuring a domestic animal is punishable by up to 30 days (up to 90 days with a prior offense). Being intoxicated or not being at fault is not a defense, but a reasonable fear for safety followed by a prompt call to police is an affirmative defense.

Reckless driving is driving on a D.C. highway at 20 miles per hour or more over the speed limit, or in any other manner that shows conscious disregard of the risk of property damage or bodily injury. A first or second conviction carries up to 90 days in jail, a fine, or both; a third conviction within 2 years carries up to one year. Aggravated reckless driving, driving 30 mph or more over the limit, or reckless driving that injures someone, hits another vehicle or causes $1,000 or more in damage, carries up to 180 days for a first or second conviction and up to 2 years for a third within 2 years.

Stalking is purposely engaging in a course of conduct (on 2 or more occasions, directly or through others, in person or by any means including phone, email or websites, following, monitoring, surveilling, threatening or communicating to or about someone, interfering with their property, or using their personal identifying information) that is intended to, known to, or should be known to make the person fear for safety, feel seriously alarmed or frightened, or suffer emotional distress. It is punishable by up to 12 months in jail, a fine, or both. Stalking carries up to 5 years if the person violated a court, parole or supervised-release no-contact order, has a prior stalking conviction within 10 years, was at least 4 years older than a victim under 18, or caused more than $2,500 in financial injury, and up to 10 years with 2 or more prior stalking convictions. D.C. has no separate general harassment crime; harassing conduct is usually charged as stalking.

Intentionally resisting an arrest by someone the person has reason to believe is a law enforcement officer, or preventing the officer from arresting or detaining another person, is a misdemeanor punishable by up to 6 months, a fine, or both; using force to resist is not justified even if the arrest is unlawful. Assaulting an officer is a separate misdemeanor with up to 6 months, and a felony with up to 10 years if it causes significant bodily injury or is a violent act creating a grave risk of such injury. Knowingly failing to stop, or fleeing or trying to elude police, after a signal to stop a vehicle carries up to 180 days and a possible permit suspension of up to 180 days; it carries up to 5 years and a suspension of up to 1 year if the driver drives recklessly or causes property damage or bodily injury.

In D.C., wilfully failing to appear in court after being released before sentencing is a crime and also forfeits any bail or security posted. If the person was released on a felony charge (or after conviction while awaiting sentence or appeal), the penalty is not less than 1 year and not more than 5 years in prison plus a fine; if released on a misdemeanor charge, not less than 90 days and not more than 180 days plus a fine. Missing a court date after notice is prima facie evidence that the failure was wilful, and any prison term for failure to appear must run consecutively to any other sentence.

In D.C., the court that imposed probation handles violations. At any time during probation the court may modify the terms and conditions, end probation early, or revoke probation, have the person rearrested, and require the person to serve the original sentence or pay the original fine (or both) or any lesser sentence; if sentencing had been suspended, the court may impose any sentence that could originally have been imposed. Time spent on probation does not count toward the sentence if probation is revoked. For drug-use violations or failure to follow drug treatment, the court may also order temporary custody for treatment or compliance, and a positive marijuana test is not a violation unless the court specifically prohibited marijuana.

D.C. has a broad obstruction of justice crime. It covers using intimidation, force, threats or corrupt persuasion to influence a juror, witness or officer; harassing someone to stop them from testifying, reporting a crime or helping a prosecution; injuring or threatening someone for giving information to investigators or serving as a juror, witness or officer; and corruptly or by threats obstructing the administration of justice in an official proceeding. Obstruction of justice is punishable by a maximum term of not less than 3 years and not more than 30 years, a fine, or both.

Perjury in D.C. is wilfully stating or signing, under oath or affirmation (or in a declaration made under penalty of perjury), a material matter the person does not believe to be true and that is in fact false; it also covers a notary falsely certifying an acknowledgment. Perjury is punishable by up to 10 years in prison, a fine (up to $25,000 under the fine schedule), or both.

Simply being drunk in public is not treated as a crime in D.C.: a person who is intoxicated in public but not endangering anyone or any property is handled under the public health chapter, which allows the person to be taken home, to a health facility, or to a detoxification center. It is a misdemeanor to be intoxicated (on public or private property) and endanger the safety of yourself, another person or property, and also to drink or carry an open container of alcohol on a street, sidewalk, park, in a vehicle, or in other listed places; the penalty is a fine (up to $500) and up to 60 days in jail, or both.

Disorderly conduct in D.C. covers, in public places and common areas of apartment buildings, putting someone in reasonable fear of harm, inciting violence, or directing abusive language at someone in a way likely to provoke violence; it also covers disrupting lawful gatherings, religious services, funerals, public transit or business in a public building, unreasonably loud noise between 10 p.m. and 7 a.m., urinating or defecating in public, peeping into a dwelling, and jostling or crowding people in public. It is a misdemeanor punishable by up to 90 days in jail, a fine (up to $500), or both.

In D.C., it is unlawful to make an obscene or indecent exposure of one's genitals or anus in public, to masturbate in public, or to engage in a sexual act in public; making an obscene or indecent sexual proposal to a minor is also covered. It is a misdemeanor punishable by up to 90 days in jail, a fine (up to $500), or both. The sex-offender registration law lists this offense as a registration offense when the victim is a minor.

Engaging in prostitution or soliciting for prostitution is illegal in D.C. 'Prostitution' is defined as a sexual act or contact in return for giving or receiving anything of value, so both the seller and the buyer are covered. The penalty is up to 90 days and a fine for a first offense, up to 180 days and a fine for a second offense, and up to 2 years and a fine with two or more prior convictions. Children under 18 are immune from prosecution and are referred to services for trafficking victims.

D.C. law legalizes lotteries, daily numbers games, bingo, raffles, Monte Carlo night parties, game of skill machines and sports wagering, but only when conducted by the District or by those it licenses; sports wagering is regulated by the Chief Financial Officer's lottery office. Running illegal gambling is a crime: setting up or keeping a gaming table, gambling house or gambling device, or inducing people to play, is punishable by up to 5 years in prison, and running or selling tickets in an illegal lottery is punishable by up to 3 years, a fine, or both. Installing or operating an unlicensed game of skill machine is a misdemeanor (up to 180 days).

D.C. has no separate embezzlement crime; it is part of theft. The theft statute expressly includes conduct 'previously known as' embezzlement and larceny by trust. Theft in the first degree (property worth $1,000 or more, or two or more thefts within 6 months totaling $1,000 or more) is punishable by up to 10 years; theft in the second degree (property with some value) by up to 180 days, plus a fine.

Identity theft in D.C. includes knowingly using someone's personal identifying information without consent to get property fraudulently, collecting it to do so or to pass it on, or using it to identify yourself at arrest or to hide a crime. It is first-degree (up to 10 years, and a fine up to twice the value obtained or the financial injury if greater) when the property or loss is $1,000 or more, and second-degree (up to 180 days) when it has some value or someone else is falsely accused or arrested because of it. Credit card fraud (using another's card or number without consent, a revoked or altered card, or an employer card for personal purposes) is punishable by up to 180 days, or up to 10 years if the value is $1,000 or more.

Forgery in D.C. is making, drawing or uttering (passing) a forged written instrument with intent to defraud or injure. It is punishable by up to 10 years for government money or securities, stock certificates, public records, government documents, payroll checks, deeds, wills, contracts or instruments worth $10,000 or more; up to 5 years for tokens or fare cards, prescriptions for controlled substances, or instruments worth $1,000 or more; and up to 3 years in other cases. Writing a bad check with intent to defraud is a felony (1 to 3 years) if the check is $1,000 or more, and otherwise a misdemeanor (up to 180 days).

D.C. has separate blackmail and extortion crimes. Blackmail is threatening to accuse someone of a crime, expose a secret or embarrassing fact, damage someone's reputation, distribute a photo, video or audio recording, or report someone's immigration or citizenship status, in order to get property or force them to act or not act; it is punishable by up to 5 years, a fine, or both. Extortion, getting property through wrongful use of actual or threatened force or violence, threatened economic injury, or under color of official right, is punishable by up to 10 years, a fine, or both.

First-degree murder is a purposeful killing with deliberate and premeditated malice, a purposeful killing by poison or while committing a serious offense, or any killing during certain felonies (arson, first-degree sexual abuse or child sexual abuse, first-degree child cruelty, mayhem, robbery, kidnapping, armed housebreaking, or a felony drug offense). It carries 30 years to life without release; life without release requires 30 days' written notice before trial and is not allowed for someone under 18, and the person cannot be released before serving 30 years. Second-degree murder is any other killing with malice aforethought and carries up to life in prison.

D.C. law does not separate voluntary and involuntary manslaughter by statute; manslaughter carries up to 30 years in prison and a fine of up to $75,000. Negligent homicide with a vehicle (causing a death by driving in a careless, reckless or negligent manner, but not willfully or wantonly, including striking a pedestrian in a crosswalk) is a felony with up to 5 years in prison.

Cruelty to children in the first degree is intentionally, knowingly or recklessly torturing, beating or willfully mistreating a child under 18, or creating a grave risk of bodily injury, where bodily injury results; it carries up to 15 years. Second-degree cruelty (mistreatment or conduct creating a grave risk of injury, or exposing a child with intent to abandon) carries up to 10 years. An adult 18 or older who is at least 4 years older than a minor and encourages the minor to skip school, drink or use drugs, run away to commit crimes, violate a court order or commit a misdemeanor, or join a gang commits contributing to the delinquency of a minor: up to 6 months (up to 3 years for a repeat offense), up to 5 years if the minor is encouraged to commit a felony or someone is seriously injured, and up to 10 years if someone dies.

D.C. does not divide arson into degrees. Maliciously burning or attempting to burn a dwelling, building, church, school, vessel or railroad car that belongs wholly or partly to another person is arson, punished by 1 to 10 years in prison and a fine of up to $25,000. Maliciously burning your own property (building, vessel or goods) with intent to defraud or injure someone else carries up to 15 years. A death caused during an arson is first-degree murder.

Knowingly torturing, tormenting, cruelly beating, mutilating, overworking or starving an animal, or an owner or keeper failing to provide proper food, water, shelter, space or veterinary care, is a misdemeanor punishable by up to 180 days in jail, a fine stated in the section of up to $250, or both. Doing any of these with intent to cause serious bodily injury or death, or with extreme indifference to animal life, where serious injury or death results, is a felony with up to 5 years and a fine of up to $25,000. The court may order forfeiture of the animal, counseling, repayment of care costs, and a ban on owning or possessing animals for a set period.

Yes. Knowingly disclosing a sexual image of an identifiable person without consent, knowing (or consciously disregarding the risk) that the person did not consent, with intent to harm them or for financial gain, is a misdemeanor with up to 180 days in jail and a $1,000 fine. Publishing such an image (posting it to the public) with the same intent is first-degree unlawful publication, a felony with up to 3 years and a $12,500 fine. Republishing an image obtained from someone else, knowing it was first shared to harm the person or for money, is second-degree unlawful publication, a misdemeanor with up to 180 days.

Online harassment can be prosecuted as stalking: purposefully engaging in a course of conduct directed at a specific person that is meant to, or that the person knows or should know would, make a reasonable person fear for their safety, feel seriously alarmed, or suffer emotional distress. Stalking carries up to 12 months, up to 5 years if the offender is at least 4 years older than a victim under 18 (or there is a stay-away order, a prior conviction within 10 years, or over $2,500 in financial injury), and up to 10 years after two or more prior convictions. Youth bullying, which expressly includes electronic communications, is handled by the Youth Bullying Prevention Act, which applies to schools and youth-serving agencies and creates no criminal penalty in its definitions section.

D.C. criminalizes forced labor, trafficking in labor or commercial sex acts, and sex trafficking of children. Each of these offenses carries up to 20 years in prison and a fine of up to $50,000; if the victim is held or provides services for more than 180 days, the maximum fine and prison term rise to one and a half times (up to 30 years). Misusing documents in furtherance of trafficking carries up to 5 years, benefiting financially from trafficking is punished like the underlying offense, and attempts carry half the maximum.

Pedestrian rules are set by D.C. traffic regulations. Between adjacent intersections controlled by traffic signals or police, pedestrians may cross only in a crosswalk; anyone crossing outside a crosswalk must yield to vehicles and cross at a right angle or by the shortest route. Violations are civil infractions with fines: $20 for walking against a Don't Walk signal, crossing against a red light, crossing between signal-controlled intersections, or crossing diagonally; $10 for crossing where prohibited, crossing at other than a right angle, or walking in the roadway where a sidewalk is provided; and $100 for suddenly walking into the path of a vehicle and colliding with it or failing to yield to an emergency vehicle.

No one, driver or passenger, may drink an alcoholic beverage or possess one in an open container in or upon a vehicle on any street, alley, park or parking area. A violation is a misdemeanor with up to 60 days in jail, a fine of up to $500, or both.

People under 21 may not buy, try to buy, possess or drink alcohol, misrepresent their age, or use a fraudulent ID to buy alcohol or enter licensed premises. Underage possession or drinking is handled with civil penalties rather than a criminal charge: up to $300 and a 90-day suspension of D.C. driving privileges for a first violation, up to $600 and 180 days for a second, and up to $1,000 and one year for a third or later violation. The Mayor may require a diversion program, which can include alcohol awareness education and community service.

Driving while your D.C. license or driving privilege is suspended or revoked is punishable for each offense by up to 1 year in jail, a fine of up to $2,500, or both. The section does not set separate penalties for repeat offenses.

Driving without ever obtaining a license is punishable by up to 90 days in jail or a fine of up to $500. Licensed drivers must carry the license and show it to police on demand; failing to do so is fined $10 to $50. Driving on a D.C. license that expired no more than 90 days earlier is a civil infraction with a fine of up to $100.

D.C. bans possessing a switchblade knife, along with knuckles, blackjacks and similar weapons, regardless of intent; possessing a dagger, dirk, razor, stiletto, or a knife with a blade longer than 3 inches is illegal when done with intent to use it unlawfully against another person. These violations carry up to 1 year in jail, or up to 10 years for someone with a prior conviction under that section or any felony. Separately, carrying any deadly or dangerous weapon, openly or concealed, outside your home, business or land carries up to 5 years (up to 10 with a prior conviction or felony).

D.C. Fire and EMS lists as illegal any fireworks that move or explode, emit a spark or flame over 12 inches, or have a side-mounted fuse, including firecrackers, cherry bombs, Roman candles, bottle rockets, salutes and sparklers over 20 inches. Legal items include sparklers under 20 inches, torches, box fires, fountains, cones, snakes, paper novelties, colored lights and paper caps, bought from an approved stand or vendor.

Kidnapping (seizing, confining or carrying away a person and holding them, or intending to hold them, for ransom, reward or any other reason) is punishable by up to 30 years in prison and a fine of up to $75,000. A parent taking their own minor child is excluded. Committing it while armed adds the penalties of the D.C. armed-offense enhancement.

Threatening to kidnap or injure a person, or to damage someone's property, is a felony punishable by up to 20 years in prison and a fine of up to $50,000. A separate misdemeanor, threats to do bodily harm, carries up to 6 months in jail and a fine of up to $1,000, and the court may also require a peace bond of up to one year.

Unauthorized use of a motor vehicle (taking, using or operating someone else's vehicle without consent) is punishable by up to 5 years in prison; if the vehicle was used in or to help commit a crime of violence, up to 10 years consecutive to that sentence, and if serious bodily injury results, a mandatory minimum of 5 years. A person with two or more prior convictions for unauthorized use or first-degree theft faces 30 months to 15 years. Failing to return a rental vehicle within 18 days of a written demand is punishable by up to 3 years. Stealing a car can also be charged as first-degree theft ($1,000 or more, up to 10 years).

Receiving stolen property (buying, receiving, possessing or taking control of property while knowing or having reason to believe it was stolen) is punishable by up to 7 years in prison if the property is worth $1,000 or more, and up to 180 days if it has some lesser value. Fines are set by the general D.C. fine schedule (up to $25,000 or $1,000, respectively).

Yes. Organized retail theft means acting with others to steal more than $1,000 in merchandise, added up over a 90-day period, intending to resell or trade it or return it to a store for money. Directing organized retail theft (organizing, recruiting, instructing or forcing others to take part) is a felony punishable by up to 15 years in prison and a fine of up to $37,500. Separately, two or more thefts within 6 months totaling $1,000 or more may be charged as a single count of first-degree theft (up to 10 years).

Manufacturing, distributing or possessing with intent to distribute a Schedule I or II narcotic or abusive drug (such as heroin, cocaine or fentanyl) is punishable by up to 30 years in prison and a fine of up to $75,000. Other Schedule I to III drugs carry up to 5 years, Schedule IV up to 3 years, and Schedule V up to 1 year; distributing half a pound or less of marijuana is up to 180 days for a first offender. D.C. does not set weight-based trafficking tiers or mandatory minimums in this section; repeat-offense penalties are set separately.

Knowingly or intentionally acquiring or obtaining possession of a controlled substance by misrepresentation, fraud, forgery, deception or subterfuge is punishable by up to 4 years in prison and a fine of up to $12,500. The same section also covers giving false information in required drug records and using a false or another person's registration number.

D.C. has no offense named 'vehicular assault.' Aggravated reckless driving covers driving 30 mph or more over the limit, or driving recklessly (20 mph over or with conscious disregard of the risk) and causing bodily injury to another person, colliding with another vehicle, or causing $1,000 or more in property damage; it carries up to 180 days in jail, or up to 2 years for a third or later offense within 2 years.

Operating or being in physical control of a watercraft while intoxicated (0.08 blood or breath alcohol; any measurable alcohol under 21) or under the influence of alcohol or drugs is punishable by a $1,000 fine, up to 180 days in jail, or both for a first offense; $2,500 to $5,000 and up to 1 year for a second; and $2,500 to $10,000 and up to 1 year for a third or later offense. Operating a watercraft while impaired (a lesser level) carries a $250 fine and up to 30 days for a first offense, up to $2,500 and 180 days for a second, and $2,500 to $5,000 and up to 1 year with two or more priors.

First-degree insurance fraud (knowingly lying to or hiding material facts from an insurer, tampering with insurer records, misusing insurance funds, or similar acts, intending to defraud, and actually obtaining $1,000 or more of another's property) is punishable by up to 15 years in prison. Second-degree insurance fraud carries up to 5 years, or up to 10 years for someone with a prior insurance fraud conviction. Fines follow the general D.C. fine schedule.

Public assistance fraud (using a false statement, failure to disclose information or impersonation to get assistance one is not entitled to, or more than one is entitled to) is a misdemeanor punishable by up to a $500 fine and 1 year in jail, regardless of amount. The person must repay the excess, and a TANF or POWER recipient found to have intentionally lied loses their share of the grant for 6 months for a first offense, 12 months for a second, and permanently for a third. Unemployment benefit fraud carries up to a $100 fine and 60 days in jail per offense, repayment, a 15% penalty on fraudulent payments, and possible disqualification for the rest of the benefit year and up to a year after.

Bribery (corruptly offering or giving anything of value to a public servant, or a public servant corruptly asking for or accepting it, in exchange for influencing an official act, violating an official duty or helping defraud the District) is punishable by up to 10 years in prison and a fine of up to $25,000 or twice the value of the bribe, whichever is greater.

Willfully attempting to evade or defeat a D.C. tax is a felony when the tax evaded exceeds $10,000 (up to 10 years in prison and a fine of up to $25,000 or twice the tax evaded, whichever is greater) and a misdemeanor at $10,000 or less (up to 180 days). Willfully failing to collect or pay over tax is graded the same way. Willfully failing to file a return, pay tax, keep records or supply information is a misdemeanor punishable by up to 180 days; costs of prosecution may be added.

D.C. calls rape and sexual assault 'sexual abuse.' First-degree sexual abuse (a sexual act by force, threat of death, injury or kidnapping, or after making the person unconscious or drugging them) is punishable by any term of years up to life. Second-degree (a sexual act by other threats, or with someone the offender knows cannot understand, decline or communicate unwillingness) carries up to 20 years. Sexual contact (touching) under the same circumstances is third-degree (up to 10 years) or fourth-degree (up to 5 years) sexual abuse, and a sexual act or contact the offender should know is without permission is misdemeanor sexual abuse (up to 180 days, or up to 3 years with three or more prior convictions). Listed aggravating factors (such as a victim under 13, serious injury, a weapon or accomplices) raise the maximum to 1.5 times, or life without release for first-degree abuse. Sex with a minor is covered on the age-of-consent page.

First-degree child sexual abuse (a sexual act with a child under 16 by someone at least 4 years older) is punishable by any term of years up to life. Second-degree child sexual abuse (sexual contact with such a child) carries up to 10 years. If an aggravating factor applies, such as a victim under 13, a 'significant relationship' with a victim under 18, serious injury or a weapon, the maximum rises to 1.5 times, and first-degree child sexual abuse can bring life without release; the prosecutor must file notice of the aggravator before trial or plea.

D.C. treats this as 'sexual performance using minors.' It is a crime to use, employ or induce a person under 18 in a sexual performance, for a parent or guardian to allow it, to knowingly produce, direct or promote a performance with sexual conduct by someone under 18, and to knowingly attend, transmit or possess such a performance (including photos and videos). The penalty is up to 10 years for a first offense and up to 20 years for a later offense, plus a fine. An adult no more than 4 years older who receives an image from the minor is treated differently, and it is a defense that the person had fewer than 6 photos or one video and promptly destroyed it or reported it to police.

Enticing a child or minor (someone at least 4 years older than a child, or in a significant relationship with a minor, who seduces, entices, convinces or persuades the young person to engage in a sexual act or contact, or takes them somewhere to commit a sex offense) carries up to 5 years and a fine. The same penalty applies to trying to entice a person who represents themselves as a child (such as an undercover officer posing online) into sexual activity or into going somewhere for sex. The statute does not name the internet or phones but is not limited to in-person contact.

People who commit a registration offense register with the Court Services and Offender Supervision Agency, report changes of residence and other information, and periodically verify their address in the time and manner the agency sets. Registration lasts 10 years after release, probation or parole (or the end of supervision, whichever is latest), and for life for a lifetime registration offense, a sexual psychopath finding, two or more felony or minor-victim registration dispositions, or offenses against two or more victims. Knowingly violating the registration rules carries up to 180 days in jail and a fine for a first offense and up to 5 years for a later offense.

A person convicted anywhere of a crime punishable by more than one year in prison may not own, possess or control a firearm in D.C.; other barred groups include fugitives, people addicted to controlled substances, people under certain protection orders, and people convicted of an intrafamily offense or stalking within the past 5 years. For the felony-conviction ban the penalty is up to 10 years with a 1-year mandatory minimum, and up to 15 years with a 3-year mandatory minimum if the person has a prior crime-of-violence conviction; the minimum cannot be suspended. Other prohibited persons face 2 to 10 years.

D.C. is a one-party consent jurisdiction. Willfully intercepting a phone call or private conversation is punishable by up to 5 years and a fine, but it is not unlawful for a person who is a party to the communication, or who has the prior consent of one party, to record it, unless the recording is made to commit a criminal, tortious or other injurious act.

Knowingly making a false report of a crime to the Metropolitan Police, or giving them false information about a crime, carries a fine of up to $300 or up to 30 days in jail. Using 911 to make a false report that triggers an emergency response, or giving a false fire alarm, is a misdemeanor with up to 6 months. A false report involving a weapon of mass destruction is a misdemeanor (up to 1 year and response costs), and becomes a felony with up to 5 years (10 years during a declared emergency) if meant to frighten people, cause panic, extort or cause economic damage.

D.C. has a bias-related crime enhancement. A listed crime that shows the offender's prejudice based on the victim's actual or perceived race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, family responsibility, homelessness, disability, matriculation or political affiliation can be punished by up to 1.5 times the normal maximum fine and prison term. Prejudice need not be the only reason for the act.

D.C. ended parole for felonies committed on or after August 5, 2000; those sentences are definite terms followed by supervised release (usually 3 or 5 years, and up to 10 years or life for sex offense registrants). The U.S. Parole Commission, a federal agency, supervises and decides violations for D.C. Code offenders on parole and supervised release, with day-to-day supervision by the Court Services and Offender Supervision Agency, which may impose intermediate sanctions. On revocation of supervised release a person can be returned to prison for up to 5 years (life-maximum or class A offenses), 3 years, 2 years or 1 year depending on the offense's maximum.

Violating a D.C. civil protection order (or temporary protection order) can be prosecuted either as criminal contempt or as a misdemeanor; either way the penalty is up to 180 days in jail, a fine, or both. The protection-order statute does not set a felony grade or a higher penalty for repeat violations.

In D.C. the U.S. Attorney can directly charge a 16- or 17-year-old as an adult for murder, first-degree sexual abuse, first-degree burglary, armed robbery, assault with intent to commit one of those, or a joinable offense. Otherwise, the Attorney General (Corporation Counsel) may ask the Family Court to transfer a child 15 or older charged with a felony (and certain others, such as a child charged with a gun offense near a school). The court weighs age, offense and record, mental condition, response to past treatment and available programs, and must find no reasonable prospect of rehabilitation; for listed violent offenses, gun crimes and repeat offenders aged 15 and up there is a rebuttable presumption in favor of transfer.

The District of Columbia does not have the death penalty under the D.C. Code; it was repealed by the District of Columbia Death Penalty Repeal Act of 1980 (D.C. Law 3-113), which amended the murder penalty statute. First-degree murder is punished by 30 years up to life imprisonment without release, and a person convicted of first-degree murder cannot be released before serving 30 years; second-degree murder carries up to life.

People with felony convictions can vote in the District of Columbia, including while incarcerated. The definition of a qualified elector contains no felony or incarceration exclusion (its former felony provision, subparagraph (D), is repealed), and the election law provides vote centers inside Department of Corrections facilities for registered voters in DOC custody. A person does not gain or lose D.C. residence while kept at an institution at public expense.

Voting is never lost for a felony in D.C. Jury service: a person with a felony conviction may qualify again 'not less than one year after the completion of the term of incarceration, probation, or parole,' after certification under the jury plan. Firearms: people convicted of a crime punishable by more than one year may not possess firearms in D.C., and the statute gives no restoration route. Pardons: clemency for D.C. Code offenses runs through the President; the D.C. Clemency Board (in the Executive Office of the Mayor) reviews applications and decides whether to recommend them to the President and the Office of the Pardon Attorney, considering innocence, remorse and rehabilitation, with special attention to terminally ill or elderly applicants.

D.C.'s repeat-offender law applies to a person convicted of a felony after two prior felony convictions on separate occasions: the court may impose a longer sentence than otherwise allowed, up to 30 years. If the person is convicted of a crime of violence after two prior crimes of violence (separate occasions), the court must impose at least 15 years and may impose up to life without possibility of release. Prior convictions from D.C., state, federal or territorial courts count; pardoned convictions do not.

Psilocybin and psilocyn are Schedule I controlled substances in D.C., and possessing a controlled substance without authorization is a misdemeanor (up to 180 days). Since Initiative 81 (D.C. Law 23-268, March 16, 2021), the Metropolitan Police Department treats noncommercial growing, buying, transporting, distributing and possessing of natural entheogenic plants and fungi (those containing psilocybin, psilocyn, ibogaine, DMT or mescaline) by people 18 or older as among its lowest enforcement priorities. This does not legalize the substances and does not change enforcement of impaired-driving or drug-free-zone laws.

The minimum age to buy tobacco products in D.C. is 21, and 'tobacco product' includes electronic smoking devices and their liquids. Sellers must check proof of age for anyone who appears under 30, and a seller's tobacco license may be suspended for a first or second sale to someone under 21 and must be revoked for a third. People under 21 may not buy or possess tobacco products or use false ID to get them, but the section read states no penalty for the minor (its former penalty subsection (c) is repealed).

D.C. makes it a crime to abuse or neglect a vulnerable adult (18 or older with a substantially limiting physical or mental impairment) or an elderly person (65 or older): up to 180 days, up to 10 years if it causes serious bodily injury or severe mental distress, and up to 20 years if it causes permanent bodily harm or death. Financial exploitation of a vulnerable adult or elderly person is punishable by up to 10 years when the property is worth $1,000 or more, otherwise up to 180 days, and up to 15 years after two prior convictions, with restitution required first. Separately, crimes of violence, theft, fraud, identity theft and financial exploitation against someone 65 or older can be punished by up to 1 1/2 times the normal maximum.

Secretly watching someone through a hidden post, peephole, mirror or device while they use a bathroom, undress or engage in sexual activity, recording those activities without express and informed consent, or capturing images of a person's private areas without consent where they expect privacy, is voyeurism, a misdemeanor punishable by up to 1 year. Distributing or trying to distribute such images or recordings, knowing they were made illegally, is a felony punishable by up to 5 years.

Assaulting a law enforcement officer (broadly defined to include police, special police, firefighters, emergency medical personnel, correctional and juvenile-facility staff, and certain investigators, inspectors and supervision staff) because of or while performing official duties is a misdemeanor punishable by up to 6 months. It becomes a felony punishable by up to 10 years if the person causes significant bodily injury or commits a violent act that creates a grave risk of significant bodily injury. Using force to resist an arrest by someone the person has reason to believe is an officer is not a justification, whether or not the arrest is lawful. By comparison, ordinary simple assault carries up to 180 days.