District of Columbia Annotations
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Protection of Burials
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Acts Prohibited by Law and Subject to Criminal Sanctions
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What is the criminal liability for unlawfully excavating human remains or archaeological resources?
D.C. law does not appear to specifically criminalize the excavation of human remains.
However, excavations that may disturb human remains are highly discouraged. Anyone who willfully excavates an archeological site shall be convicted of a fine of not more than $1,000 for each day the violation occurs or continues, or imprisonment for not more than 90 days, or both.
(§6-1102. Definitions; §6-1110. Penalties; Remedies; Enforcement.)
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What is the criminal liability for unlawfully selling or purchasing human remains and funerary objects?
Disturbing or removing a dead body from a grave without legal authority or family consent for the purpose of dissecting, buying, selling or trafficking shall be imprisoned not less than one year nor more than three years.
(§22-3303. Grave robbery; buying or selling dead bodies.)
Any person convicted of trafficking in stolen property shall be fined not more than $10,000 or imprisoned for not more than ten years, or both.
(§22-3231. Trafficking in stolen property.).
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What is the criminal liability for unlawfully taking or possessing human remains and funerary objects?
Disturbing or removing a dead body from a grave without legal authority or family consent for the purpose of dissecting, buying, selling or trafficking shall be imprisoned not less than one year nor more than three years.
(§22-3303. Grave robbery; buying or selling dead bodies.)
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What is the criminal liability for unlawfully disturbing human remains and funerary objects?
It is unlawful to reopen graves that have been buried within the past ten years (or within the past eight years if the grave belongs to a child less than 12 years old), except for the purpose of disinterment and if the grave is of sufficient depth to permit subsequent interments (in which case a layer of earth at least one foot thick must be left undisturbed over the previously buried coffin. No grave shall be opened if the person buried died of Asiatic cholera, yellow fever, typhus fever, smallpox (including varioloid), leprosy, the plague, tetanus, diphtheria, or scarlet fever, however the Director of the Department of Health of D.C. may, in his/her discretion, authorize such opening under sanitary conditions.
(§ 43-123. Reopening graves; graves of pestilential disease victims.)
However, this section does not prevent the disposal of ashes of bodies that have been cremated (§43-128. Court ordered disinterment or disposal of ashes not affected.)
Anyone who is convicted of violating, or aiding and abetting in the violation of these provisions shall be punished by a fine of not more than $200 or by imprisonment for not more than 90 days, or both.
(§43-126. Penalty.)
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What is the criminal liability for defacing or destroying historical or archaeological sites?
Anyone who willfully paints on a historic landmark or excavates an archeological site shall be convicted of a fine of not more than $1,000 for each day the violation occurs or continues, or imprisonment for not more than 90 days, or both.
(§6-1102. Definitions; §6-1110. Penalties; Remedies; Enforcement.)
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What is the criminal liability for unlawfully reproducing historic or archaeological sites?
D.C. does not specify criminal liability for unlawfully reproducing historical or archaeological sites, however, if reproducing historic or archaeological sites is contrary to the public policy of historical preservation as outlined in §6-1101, a violator may be subject to a criminal penalty (a fine of not more than $1,000 for each day the violation occurs), per §6-1110.
(§6-1110. Penalties; Remedies; Enforcement.)
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What is the criminal liability for unlawfully destroying tombs, monuments, or gravestones?
Injuring or defacing tombs or inscriptions shall result in a fine of not more than $100.
(§ 22-3314. Destroying cemetery railing or tomb.)
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What is the criminal liability for unlawfully taking or possessing monuments or gravestones?
D.C. code does not appear to specifically address the unlawful taking or possessing of monuments or gravestones.
However, such violation may fall under the section detailing vandalism of tombs, which states that injuring or defacing tombs or inscriptions shall result in a fine of not more than $100.
(§ 22-3314. Destroying cemetery railing or tomb.)
D.C. code specifically address the unlawful keeping or exhibition of dead bodies, and stipulates that no body or body part shall remain unburied without a permit from the Director of the Department of Health, except if the exhibition is in connection with a government museum or an institution of learning in D.C.
(§43-120. Keeping and exhibiting dead bodies.)
Unlawfully keeping or exhibiting dead bodies is punishable by a fine of not more than $200 or by imprisonment for not more than 90 days, or both.
(§43-126. Penalty.)
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What is the criminal liability for destroying or damaging petroglyphs and cave surfaces?
D.C. does not appear to have specific laws addressing petroglyphs or cave surfaces.
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What is the criminal liability for removing or damaging headstones?
Injuring or defacing tombs or inscriptions shall result in a fine of not more than $100.
(§ 22-3314. Destroying cemetery railing or tomb.)
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What are the general state criminal laws for abuse of corpse?
D.C. appears to have no specific laws regarding abuse of corpse.
However, it is unlawful to keep a dead body, or dead body parts, in a way that give rise to offensive odors to anyone in the neighborhood or public. Bodies may not remain unburied for longer than one week without the permission of the Director of the Department of Health. Any exhibition of a dead body must be in connection with a government museum or with an institution of learning permanently located in the District.
(§43-120. Keeping and exhibiting dead bodies.)
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What are the general state criminal laws for theft?
A person commits theft if he/she wrongfully obtains or uses ("wrongfully obtains or uses" is defined in this section as:(1) taking or exercising control over property; (2) making an unauthorized use, disposition, or transfer of an interest in or possession of property; or (3) obtaining property by trick, false pretense, false token, tampering, or deception) the property of another with intent to either: 1) deprive the person of the benefit of that property, or 2) to appropriate the property to his/her own use, or to the use of a third person.
A person is guilty of theft of services if he/she knows or had reason to believe that the services rendered were only for compensation, and no compensation had been made immediately upon the rendering of the services prior to departure.
(§22-3211. Theft.)
Any person convicted of theft in the first degree shall be fined not more than $5,000 or imprisoned for not more than ten years, or both, if the value of the property obtained or used is $1,000 or more. Any person convicted of theft in the second degree shall be fined not more than $1,000 or imprisoned for not more than 180 days, or both, if the property obtained or used has some value.
A person convicted of theft in the first or second degree who has two or more prior convictions for theft (a person is considered as having two or more prior convictions for theft if he or she has been convicted on two prior occasions: (1) § 22-3211; (2) A statute in one or more jurisdictions prohibiting theft or larceny; or (3) Conduct that would constitute a violation of § 22-3211 if committed in the District of Columbia.), not committed on the same occasion, shall be fined not more than $5,000 or imprisoned for not more than ten years and for a mandatory-minimum term of not less than one year, or both. A person sentenced shall not be released from prison, granted probation, or granted suspension of sentence, prior to serving the mandatory-minimum.
(§22-3212. Penalties for Theft.)
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What are the general state criminal laws for receiving stolen property?
A person is guilty of receiving stolen property if he/she buys, receives, possesses, or obtains control of stolen property, and knows or has a reason to know that the property was stolen. The person must intend to deprive another of the right or benefit to the property. A person is not guilty (has a defense to prosecution) if the property was not stolen, and the person truly believes the circumstances leading up to the possession of the property were legitimate. The penalty for receiving stolen property is a fine of not more than $5,000, or imprisonment for not more than seven years, or both if the property is valued at over $250. If the property is worth less than $250, the penalty will be a fine not more than $1,000 or imprisonment up to 180 days, or both.
(§22-3232. Receiving Stolen Property.)
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What are the general state criminal laws for unlawful trespass?
Forcibly entering any premises shall be punished by imprisonment for not more than one year or a fine of not more than $100, or both.
(§22-3301. Forcible entry and detainer.)
Any person who enters, or attempts to enter, any private dwelling (defined in this section as: home, apartment, condominium, or building used as living quarters as defined in the United States Housing Act of 1937), building or other property, against the wishes of the lawful occupant or owner, shall be guilty of a misdemeanor, and if convicted shall be punished of a fine not more than $1,000, or imprisonment for not more than 180 days, or both.
Any person who enters, or attempts to enter, any private dwelling (defined in this section as: home, apartment, condominium, or building used as living quarters as defined in the United States Housing Act of 1937), building or other property, against the wishes of the lawful occupant or owner, and remains there and refuses to leave, shall be guilty of a misdemeanor and if convicted shall be punished of a fine not more than $1,000, or imprisonment for not more than six months, or both.
(§22-3302. Unlawful entry on property.)
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What are the general state criminal laws for mischief?
D.C. appears to have no specific laws regarding mischief. Relevant laws pertaining to mischief are included in the section on damage to property.
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What are the general state criminal laws for damage to property?
It is unlawful to willfully and wantonly deface (enumerated as: disfigure, cut, chip, or cover, rub with, or otherwise place filth or excrement of any kind; to write, mark, or print obscene or indecent figures representing obscene or objects upon; to write, mark, draw, or paint, without the consent of the owner or proprietor) public or private property (enumerated as (1) Any property, public or private, building, statue, monument, office, public passenger vehicle, mass transit equipment or facility, dwelling or structure of any kind including those in the course of erection; or (2) The doors, windows, steps, railing, fencing, balconies, balustrades, stairs, porches, halls, walls, sides of any enclosure thereof, or any movable property).
(§ 22-3312.01. Defacing public or private property.)
Anyone who willfully or wantonly defaces property shall be fined not less than $250 or more than $1,000 or imprisoned for a period not to exceed 180 days, or both. Alternatively, civil fines, penalties, fees or community service may be imposed. The court may order the person convicted to make restitution to the owner of the property. Parents or guardians are civilly liable for all fines imposed by the court if the minor cannot pay within a reasonable period of time.
(§22-3312.04. Penalties.)
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What are the general state criminal laws for hate crimes?
Bias-related Crime
A person guilty of a bias-related crime (defined as: a designated act that demonstrates an accused's prejudice based on the actual or perceived race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, family responsibility, homelessness, physical disability, matriculation, or political affiliation of a victim of the subject designated act.) shall be fined not more than one and one half times the maximum fine authorized for the designated act (defined as: criminal act, including arson, assault, burglary, injury to property, kidnapping, manslaughter, murder, rape, robbery, theft, or unlawful entry, and attempting, aiding, abetting, advising, inciting, conniving, or conspiring to commit arson, assault, burglary, injury to property, kidnapping, manslaughter, murder, rape, robbery, theft, or unlawful entry.) and imprisoned for not more than one and one half times the maximum term authorized for the designated act.
(§22-3703. Bias-related crime.)
Collection of Data
The Metropolitan Police force shall afford each victim the opportunity to submit a complaint containing information regarding the bias-related crime. The Mayor shall collect and compile the data on bias-related crime, which shall be used for research or statistical purposes, and the mayor shall publish an annual summary of this data and make recommendations to the Council.
(§22-3702. Collection and publication of data.)
Civil Action
Irrespective of criminal prosecution, any person who incurs injury to his or her person or property as a result of an intentional bias-related act shall have a civil cause of action for appropriate relief, including an injunction, actual or nominal damages for economic or non-economic loss, including emotional distress, punitive damages, and/or reasonable attorney's fees and costs.
(§22-3704. Civil action.)
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Acts Prohibited by Law and Subject to Civil or Administrative Sanctions
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How is the excavation of historical and archaeological resources restricted in this state?
Before the Mayor may issue a permit to alter (as defined in this section, "alter" includes: (1) The painting of unpainted masonry on a historic landmark or on a facade restored as a condition of a permit approved pursuant to this subchapter; or (2) Excavation or action disturbing the ground at an archaeological site listed in the District of Columbia Inventory of Historic Sites or an archaeological site identified as a contributing feature in the designation of a historic landmark or historic district. (§6-1102))a historic landmark or structure in a historic district, the Mayor shall review the permit application and place notice of the permit application in the D.C. register. The Mayor may refer the application to the Historic Preservation Review Board for a recommendation. The Mayor makes a decision within 120 days after the Review Board receives the referral. If the Review Board recommends against granting the application, it notifies the applicant. If the application is denied, an applicant claiming unreasonable economic hardship may request a public hearing. No permit is issued unless the Mayor finds that such issuance is necessary in the public interest or that a failure to issue a permit will result in unreasonable economic hardship to the owner. A permit will not be issued if the Mayor believes that the owner will not be able to complete the project.
(§6-1105. Alterations.)
General Provisions regarding Excavation
In order to prevent flood hazards, the mayor reviews applications and issues permits for any excavation, grading, fill, or construction to determine whether the site will be safe from landslides.
(§6-504. Review of excavation, grading, filling, or construction permit applications; mudslide hazards.)
In order to prevent unsafe structures or building excavations, the Mayor may examine such structure and order the structure's removal if necessary. If the unsafe structure is a historic landmark, the Mayor must consult with the State Historic Preservation Officer.
(§6-801. Unsafe structure or excavation--Inspection; owner to remove or secure; Mayor may take immediate action; "Mayor" defined.)
Construction codes apply to the excavation of any public or private street or roadway
(§6-1403. Scope.)
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How is the collection or removal of historic and archaeological resources restricted in this state?
The D.C. code stipulates that it is a matter of public policy to protect historic and prehistoric archaeological sites from irreparable loss or destruction and to encourage the retrieval of archaeological information and artifacts when the destruction of an archeological site is necessary in the public interest.
(§6-1101. Declaration and Purposes.)
"Altering" (as defined by and barred by many provisions of D.C. historical preservation law) includes excavation or action disturbing the ground at an archaeological site listed in the District of Columbia Inventory of Historic Sites or an archaeological site identified as a contributing feature in the designation of a historic landmark or historic district.
(§6-1102. Definitions.)
In order to preserve historical, archeological or cultural aspects of real property, the District of Columbia may enter into a conservation easement (defined in this section as a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations the purposes of which include retaining or protecting natural, scenic, or open-space values of real property, ensuring its availability for agricultural, forestal, recreational, or open-space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural, archaeological, or cultural aspects of real property) with the title holder of the property, which imposes limitations or affirmative obligations to protect and preserve such property.
(§ 42-201. Definitions.)
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What specific laws restrict the alienation or use of historic burial places?
D.C. does not appear to have specific laws restricting the alienation or use of historic burial places.
If a place is protected by a conservation easement, an owner's interest in the land cannot be alienated unless the owner has consented to it.
(§42-202. Exemption from recordation and transfer tax.)
The Historic Preservation Review Board does not specifically restrict alienation of historic places. (See Historic Preservation Review Board of D.C. Rule 10 DCMR, Planning and Development, available at http://www.planning.dc.gov/planning/frames.asp?doc=/planning/lib/planning/preservation/law_and_regulations/historic_preservation_regs_(title10a_final_083004.pdf)
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Time Limits for Bringing Criminal Action
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What time limits govern the initiation of a criminal action related to the protection of burials?
A felony (not murder, sexual abuse, sexual assault) must be prosecuted within six years after it is committed (defined in this section as: An offense is committed either when every element occurs, or, if a legislative purpose to prohibit a continuing course of conduct plainly appears, at the time when the course of conduct, or the defendant's complicity therein, is terminated. Time starts to run on the day after the offense is committed or completed.).
A misdemeanor, or other criminal offense, must be prosecuted within three years after it is committed.
Prosecution for a felony or misdemeanor may be brought after three years (but must be brought within nine years for a felony, or within six years for a misdemeanor) if: a) a public officer has left office and the offense is based on official conduct; b) after a fraud or breach of fiduciary duty has been discovered for any offense based on that fraud or breach.
The period of limitation does not run while a prosecution against the defendant for that offense is pending.
If a timely complaint is dismissed for error, defect, or irregularity, a new prosecution may be commenced within three months after the dismissal, even though the period of limitation has expired.
(§23-113. Limitations on actions for criminal violations.)
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Time Limits for Bringing Civil Action
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What time limits govern the initiation of a civil action related to the protection of burials by the state, local authority, or a private party?
D.C. does not appear to have specific laws governing the statute of limitations for a civil action related to protecting burials.
D.C. law imposes time limits on civil actions pertaining to retirement benefits for retired former Federal employees.
(§1-815.03. Statute of Limitations)
D.C. law also imposes a statute of limitations on civil actions related to personal injuries from automobile accidents
(§31-2411. Miscellaneous Provisions.)
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Sanctions
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Criminal
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What are the general criminal fines and penalties for misdemeanors and felonies in the state?
Arson
- The penalty for arson is imprisonment for not less than one year nor more than ten years.
(§ 22-301. Definition and Penalty)
Assault; Mayhem; Threats
- The penalty for assault with intent to kill, rob, poison, or commit first degree sexual abuse, second degree sexual abuse or child sexual abuse is imprisonment for not less than two years or more than fifteen years (§ 22-401. Assault with intent to kill, rob, or poison, or to commit first degree sexual abuse, second degree sexual abuse or child sexual abuse.)
- The penalty for assault with attempt to commit mayhem, or assault with a dangerous weapon is imprisonment for not more than ten years. (§ 22-402. Assault with intent to commit mayhem or with dangerous weapon.)
- The penalty for assault with intent to commit another offense is imprisonment for not more than five years (§ 22-403. Assault with intent to commit any other offense.)
- The penalty for assault in a menacing manner is a fine of not more than $1,000 or imprisonment for not more than 180 days, or both (§ 22-404. Assault or threatened assault in a menacing manner; stalking.)
- The penalty for assault or threat and intentionally causes significant bodily injury is a fine of not more than $3,000 and imprisonment for not more than three years, or both. (§22-404)
- The penalty for aggravated assault is a fine of not more than $10,000 or imprisonment for not more than ten years, or both (§ 22-404.01. Aggravated assault.)
- The penalty for attempted aggravated assault is a fine of not more than $5,000 or imprisonment for not more than five years. (§22-404.01)
- The penalty for assaulting, resisting, or interfering with a law enforcement officer while he/she is engaged in his/her official duties is imprisonment for not more than 180 days and a fine of not more than $1,000 or both. (§ 22-405. Assault on member of police force, campus or university special police, or fire department.)
- The penalty for causing significant bodily injury in the assault/interference with a law enforcement officer is imprisonment for not more than ten years or a fine of not more than $10,000 or both. (§22-405)
- The penalty for mayhem or malicious disfigurement is imprisonment for not more than ten years. (§ 22-406. Mayhem or maliciously disfiguring.)
- The penalty for threatening to do bodily harm is a fine of not more than $500 and imprisonment of not more than six months or both (§ 22-407. Threats to do bodily harm.)
Bigamy
- The penalty for bigamy is imprisonment for not less than two but not more than seven years. (§22-501. Bigamy.)
Breaking and Entering Vending Machines
- The penalty for breaking and entering vending machines, parking meters, coin telephones, is a fine of not more than $3,000 and imprisonment for not more than three years, or both. (§ 22-601. Breaking and entering vending machines and similar devices.)
Bribery or Corruption
- The punishment for bribing or corrupting public officials is imprisonment for not less than six months but not more than five years. (§22-704. Corrupt influence; officials.)
- The punishment for bribery shall be fined not more than $25,000 or three times the monetary equivalent of the thing of value, or imprisonment for not more than ten years, or both. (§ 22-712. Prohibited acts; penalty.)
- The penalty for bribery of a witness is a fine of not more than $2,500 or imprisonment for not more than five years, or both (§ 22-713. Bribery of witness; penalty.)
- The penalty for obstruction of justice is imprisonment for at least three years but not more than thirty years or a fine of not more than $10,000, or both. (§ 22-722. Prohibited acts; penalty.)
- The penalty for tampering with evidence is a fine of not more than $5,000 or imprisonment for not more than three years, or both. (§22-723. Tampering with physical evidence; penalty.)
Burglary
- The penalty for burglary in the first degree is imprisonment for not less than five years but not more than thirty years (§22-801. Definition and penalty.)
- The penalty for burglary in the second degree is imprisonment for not less than two years but not more than fifteen years. (§22-801. Definition and penalty.)
Crimes against Minors
- The penalty for contributing to the delinquency of a minor is a fine of not more than $1,000 or imprisonment for six months or both. (§ 22-811. Contributing to the delinquency of a minor.)
- The penalty for contributing to the delinquency of a minor and in so doing causing serious bodily injury to the minor is a fine of not more than $5,000 or not more than five years, or both. (§22-811b4)
- The penalty for contributing to the delinquency of a minor and in so doing causing death to the minor is a fine of not more than $10,000 or not more than ten years, or both. (§22-811b5)
- The penalty for contributing to the delinquency of a minor who was previously convicted of an offense is a fine of not more than $3,000 or imprisonment for not more than three years, or both. (§ 22-811. Contributing to the delinquency of a minor.)
- The penalty for contributing to the delinquency of a minor committing a felony is a fine of not more than $5,000 or imprisonment for not more than five years, or both. (§ 22-811. Contributing to the delinquency of a minor.)
Crimes against Public Officials
- The penalty for threatening or intimidating any public employee while the employee is performing his/her duties is a fine of not more than $5,000 or imprisonment for five years, or both (§22-851. Protection of District public officials.)
- The penalty for stalking, assaulting, or vandalizing the property of a public official is a fine of not more than $5,000 or imprisonment for not more than three years, or both, in addition to any other penalties (§22-851. Protection of District public officials.)
- The penalty for stalking, assaulting or vandalizing the property of the family member of a public official is a fine of not more than $3,000 or imprisonment not more than three years in addition to other penalties (§22-851. Protection of District public officials.)
Commercial Counterfeiting
- The penalty for the first conviction of counterfeiting is a fine not more than $1,000 or imprisonment for not more than 180 days. (§ 22-902. Trademark counterfeiting.)
- The penalty for the second conviction of counterfeiting or counterfeiting involving more than 100 items but less than 1,000 items with a retail value greater than $1,000 but less than $10,000 is a fine not exceeding $3,000 or imprisonment not more than three years or both (§ 22-902. Trademark counterfeiting.)
- The penalty for the third conviction of counterfeiting or counterfeiting involving 1,000 or more items or involving items with a retail value over $10,000 is a fine of not more than $10,000 or imprisonment for no more than ten years or both (§ 22-902. Trademark counterfeiting.)
Criminal Abuse/Neglect of Vulnerable Adults
- The penalty for criminal abuse/neglect of vulnerable adults is a fine not more than $1,000 or imprisonment for 180 days or both (§22-936. Penalties.)
- The penalty for causing serious bodily injury in the commission of criminal abuse/neglect of a vulnerable adult is a fine up to $100,000 or imprisonment up to ten years, or both. (§22-936. Penalties.)
- The penalty for causing permanent bodily injury or death in the commission of criminal abuse/neglect of a vulnerable adult is a fine up to $250,000 or imprisonment up to twenty years or both. (§22-936. Penalties.)
Criminal Street Gangs
- The penalty for solicitation for membership of a street gang is a fine of not more than $1,000 or imprisonment for up to six months. (§22-951. Criminal Street Gangs.)
- The penalty for committing a felony or misdemeanor for the benefit of a fellow member of a street gang is a fine not more than $5,000 or imprisonment for not more than five years. (§22-951. Criminal Street Gangs.)
- The penalty for using force, coercion to induce someone to join a gang, or for retaliating against someone who refused to join, is a fine not more than $10,000 or imprisonment not more than ten years, or both. (§22-951. Criminal Street Gangs.)
Cruelty to Animals
- The penalty for cruelty to animals is a fine not exceeding $250 or imprisonment for not exceeding 180 days, or both. (§22-1001. Definition and Penalty.)
- The penalty for engaging in animal fighting is a fine of not more than $25,000, imprisonment for not more than five years, or both. (§22-1015. Penalty for Engaging in Animal Fighting.)
Cruelty to Children
- The penalty for cruelty to children in the first degree is a fine not exceeding $10,000 and imprisonment for no longer than fifteen years or both (§22-1101. Definition and Penalty.)
- The penalty for cruelty to children in the second degree is a fine not exceeding $10,000 and imprisonment for no longer than ten years, or both. (§22-1101. Definition and Penalty.)
- The penalty for neglect of children is a fine of not more than $100 or imprisonment for no more than three months, or both. (§22-1102. Refusal or neglect of guardian to provide for child under 14 years of age.)
Detection Devices
- The penalty for tampering with a detection device is a fine of not more than $1,000 or imprisonment for not longer than 180 days, or both (§22-1211. Tampering with a detection device.)
Disturbing the Public Peace
- The penalty for an affray is a fine not more than $1,000 or imprisonment for not more than 180 days, or both (§22-1301. Affrays.)
- The penalty for unlawful assembly and profane/indecent language is a fine of $250 or imprisonment for not more than 90 days, or both. (§22-1307. Unlawful Assembly; profane and indecent language.)
- The penalty for playing games in the street is a fine of $5 each offense. (§22-1308. Playing games in streets.)
- The penalty for throwing stones is a fine of $500. (§22-1309. Throwing stones or other missiles.)
- The penalty for inciting dogs to fight is a fine not to exceed $1,000. (§22-1310. Urging dogs to fight or create disorder.)
- The penalty for allowing dangerous dogs to go at large is a fine not exceeding $5,000; the penalty for allowing a dangerous dog to bite/attack someone is a fine not exceeding $10,000. (§22-1311. Allowing dogs to go at large.)
- The penalty for making lewd/obscene acts is a fine not exceeding $300, or imprisonment for not more than 90 days, or both (§22-1312. Lewd, indecent, or obscene acts.)
- The penalty for kindling bonfires is a fine of $10 for each offense. (§22-1313. Kindling bonfires.)
- The penalty for disturbing a religious congregation is a fine of $100 for each offense (§22-1314. Disturbing religious congregation.)
- The penalty for recklessly interfering with access to a medical facility is a fine not exceeding $1,000, or imprisonment not more than 180 days, or both. (§22-1314.02. Prohibited Acts.)
- The penalty for flying fire balloons is a fine of $10 for each offense. (§22-1317. Flying fire balloons or parachutes.)
Unlawful Entry into a Motor Vehicle
- The penalty for unlawfully entering or being inside another person's motor vehicle without permission is a fine of not more than $500, imprisonment for not more than 90 days, or both (§22-1341. Unlawful entry of a motor vehicle.)
False Pretenses
- The penalty for maliciously causing to be recorded a deed, contract or conveyance of land with the intent to extort money from someone owning the land is a fine of not less than $1,000, imprisonment for not more than 180 days, or both (§22-1402. Recordation of deed, contract, or conveyance with intent to extort money.)
- The penalty for falsely personating another person before any court, judge, or officer in the District licensed to administer oaths, with the intent to defraud, is imprisonment for not less than one year but not more than five years. (§22-1403. False Personation.)
- The penalty for falsely impersonating a public officer (judge, notary public, police officer) or minister qualified to perform marriages, or for attempting to act as such an officer after one's commission has expired or one has been dismissed from office, is imprisonment for not less than one year but not more than three years. (§22-1404. Falsely impersonating public officer or minister.)
- Falsely representing oneself as an inspector of the Department of Human Services or an inspector of any department in the District government is a misdemeanor. The punishment for the first offense is a fine not less than $10 but not more than $50. The punishment for each subsequent offense is a fine not less than $50 but not more than $100, or imprisonment for not more than six months, or both. (§22-1405. False personation of inspector of departments of District.)
- Falsely personating a police officer is punishable by imprisonment for not more than 180 days or a fine of not more than $1,000, or both. (§22-1406. False personation of police officer.)
- The penalty for unauthorized use of an official Metropolitan Police Department or Fire and Emergency Medical Services badge, patch, emblem or mark is a fine of not more than $1,000, imprisonment for not more than one year, or both (§22-1409. Use of official insignia; penalty for unauthorized use.)
Forgery; Fraud
- The penalty for willfully forging or counterfeiting a private brand or package with the intent to pass off such work, goods, manufacture which is not really such, is a fine of not more than $500 or imprisonment for not more than 180 days, or both. (§22-1502. Forging or imitating brands or packaging of goods.)
- Making, drawing or delivering a check or money order of $100 or more with the intent to defraud is a felony; the penalty is a fine of not more than $3,000 or imprisonment for not less than one year but not more than three years. If the check or money order is less than $100, it is a misdemeanor, and the punishment is a fine not more than $1,000 and imprisonment not more than 180 days, or both. (§22-1510. Making, drawing, or uttering check, draft, or order with intent to defraud; proof of intent; "credit" defined.)
- The penalty for an individual, firm, or association convicted of fraudulent advertising is a fine of not more than $500, imprisonment not more than 60 days, or both. The penalty for a corporation convicted of fraudulent advertising is a fine of not more than $500, and its president or officials may be imprisoned not more than 60 days, or both. (§22-1511. Fraudulent advertising.; §22-1513. Prosecution under § 22-1511.)
- The penalty for fraudulently tampering with a tool used by the jury commission for the names of prospective jurors, is a fine of not more than $1,000, imprisonment for not more than 180 days, or both. (§22-1514. Fraudulent interference or collusion in jury selection.)
Gambling
- The penalty for violating provisions of lottery laws (§22-1701; §22-1704; §22-1708) is a fine of not more than $1,000 or imprisonment for not more than 180 days, or both. (§22-1702. Possession of lottery or policy tickets.)
- The penalty for knowingly permitting the sale of chance lottery or policy lottery on one's shop premises is a fine of not less than $50 nor more than $500, or imprisonment not more than 180 days or both. (§22-1703. Permitting sale of lottery tickets on premises)
- The penalty for using a house, shed, or building as a gambling premises is imprisonment for not more than 180 days or a fine of not more than $1,000 or both. If the person convicted has previously been convicted of the same violation, the penalty is imprisonment for not more than five years or a fine of not more than $2,000 or both. (§22-1705. Gambling premises; definition; prohibition against maintaining; forfeiture; liens; deposit of moneys in Treasury; penalty; subsequent offenses.)
- Dealing, playing or practicing three-card monte, or any confidence game is a misdemeanor and shall be punished by a fine not more than $1,000 and by imprisonment not more than 180 days. (§22-1706. Three-card monte and confidence games.)
- The penalty for betting or wagering on an athletic contest is a fine of not more than $1,000 or imprisonment for not more than 180 days, or both. (§22-1708. Gambling pools and bookmaking; athletic contest defined.)
- Giving, or promising to give, or receiving or promising to receive any valuable thing to an individual with intent to influence an individual to lose or affect a margin of victory, or influence another person to lose or affect a margin of victory, or adjudicate a game influencing a team to lose or affect a margin of victory, is a felony. The penalty for corrupting an individual connected with athletic contests is imprisonment for not less than one year nor more than five years, and a fine not more than $10,000. The penalty for being a corrupt individual connected with athletic contests is imprisonment for not more than one year and a fine not more than $5,000. (§22-1713. Corrupt influence in connection with athletic contests.)
General Provisions
- Attempt: The penalty for attempting to commit crime is a fine not exceeding $1,000 or imprisonment for not more than 180 days, or both. The penalty for attempting to commit a crime of violence (as defined in §23-1331) is a fine not exceeding $5,000 or imprisonment for not more than five years, or both (§22-1803. Attempts to commit crime.)
- Second Conviction: The penalty for a second conviction of a criminal offense under D.C. law is a fine no more than one and one-half times the maximum fine prescribed for the conviction and a term of imprisonment not more than one and one-half times the maximum term of imprisonment prescribed for the conviction. The penalty for a second conviction of a criminal offense under any law of the United States or any state of the United States is a fine not more than three times the maximum fine prescribed for the conviction and imprisonment for a term not more than three times the maximum term of imprisonment prescribed for that conviction. However, this section does not apply where it convicts with any other provision of law describing penalty for a specific offense. (§22-1804. Second conviction.)
- Penalty for Felony after two+ Felonies: The penalty for a felony after at least two prior felony convictions may be a greater term of imprisonment, up to and including thirty years. The penalty for a felony after at least two prior convictions of crimes of violence may be imprisonment not less than fifteen years and up to and including life without possibility of release. (§22-1804a. Penalty for felony after at least two prior felony convictions.)
- Advising: The penalty for advising, inciting or conniving at criminal offense is being charged as a principal and not as an accessory (§22-1805. Persons advising, inciting, or conniving at criminal offense to be charged as principals.)
- Conspiracy: The penalty for conspiracy to commit crime or to defraud the District of Columbia is a fine not more than $10,000 or imprisonment not more than five years, or both. The penalty for conspiracy to commit a crime of violence (as defined in §23-1331(4)) is a fine not more than $3,000 or the maximum fine prescribed for the offense, or imprisonment for not more than fifteen years or the maximum imprisonment prescribed for the offense, or both. (§ 22-1805a. Conspiracy to commit crime.)
- Accessory After the Fact: The penalty for being an accessory after the fact for any crime punishable by death shall be imprisonment for not more than twenty years. The penalty may not be more than ½ the maximum fine or imprisonment, or both, to which the principal offender may be subjected. (§22-1806. Accessories after the fact.)
- Not Covered by the Code: The penalty for an offense not covered by provisions of the D.C. code or any general law of the United States shall be punished by a fine not exceeding $1,000 or by imprisonment for not more than five years, or both. (§22-1807. Punishment for offenses not covered by provisions of Code.)
- Offenses Committed Beyond the District: The penalty for offenses committed beyond the District which, if committed within D.C. would be a criminal offense under D.C. laws, and thereby obtains any property and is afterward found with such property in the District, shall be punished in the same manner as if said act had been committed wholly within the District (§22-1808. Offenses committed beyond District.)
- Kidnapping: The penalty for threatening to kidnap or injure another person, or damage the property of another person, shall be a fine of not more than $5,000 or imprisonment for not more than twenty years, or both. (§22-1810. Threatening to kidnap or injure a person or damage his property.)
Incest
- The penalty for knowingly marrying, cohabitating or having sexual intercourse with another person with and not including the fourth degree of consanguinity shall be imprisonment for not more than 12 years. (§22-1901. Definition and penalty.)
Interfering with Reports of Crimes
- The penalty for obstructing, preventing or interfering with reports to law enforcement, medical providers or child welfare agencies is a fine of not more than $1,000 or imprisonment not more than 180 days, or both (§22-1931. Obstructing, preventing, or interfering with reports to or requests for assistance from law enforcement agencies, medical providers, or child welfare agencies.)
Kidnapping
- The penalty for kidnapping, or aiding or abetting in the kidnapping of any individual, except by a parent of a minor, is imprisonment for not more than thirty years. (§22-2001; Definition and penalty; conspiracy.)
Murder; Manslaughter
- Murder in the first degree is a Class A felony. (§22-2101; §22-2102) The penalty for murder in the first degree is imprisonment for not less than thirty years but not more than life in prison without parole. (§22-2104; Penalty for murder in first and second degrees.)
- Murder in the second degree is a Class A felony. (§22-2103) The penalty for murder in the second degree is not more than life in prison. (§22-2104; Penalty for murder in first and second degrees.)
- The penalty for manslaughter is imprisonment for not more than thirty years. (§22-2105. Penalty for manslaughter.)
- The penalty for knowingly, deliberately and with premeditated malice, killing a law enforcement officer, is life in prison without parole. (§22-2106. Murder of law enforcement officer.)
- The penalty for soliciting a murder (whether or not the murder occurs) is imprisonment not exceeding twenty years, or a fine of $20,000 or both. The penalty of soliciting a crime of violence (§23-1331(4)) is imprisonment not exceeding ten years, or a fine of $10,000, or both. (§22-2107. Penalty for solicitation of murder or other crime of violence.)
Obscenity
- The penalty for obscenity is a fine of $1,000 or imprisonment for not more than 180 days for the first offense. The penalty for a second or subsequent offense of obscenity is a fine of not less than $1,000 nor more than $5,000 and imprisonment for not less than six months but not more than three years, or both. (§22-2201. Certain obscene activities and conduct declared unlawful; definitions; penalties; affirmative defenses; exception.)
Panhandling
- The penalty for panhandling (as defined in §22-2302) is a fine not more than $300, or imprisonment not longer than 90 days, or both. (§22-2304. Penalties.)
Perjury
- The penalty for perjury is a fine not more than $5,000 or imprisonment not more than ten years, or both. (§22-2402. Perjury.)
Possession of Implements of Crime
- The penalty for possession of implements of crime (e.g.: tools to pick locks) is imprisonment for no longer than 180 days, or a fine no more than $1,000, unless the violation occurs after the individual has been convicted of a felony, in which case he/she can be imprisoned for not less than 1 year nor more than five years. (§22-2501. Possession of implements of crime; penalty.)
Presence in a Motor Vehicle containing a Firearm
- The penalty for unlawfully and voluntarily being in a motor vehicle that is transporting a firearm is a fine not more than $5,000 or imprisonment for not more than five years, or both. If the person has previously been convicted of a violation of §22-4504 or a felony (in D.C. or another jurisdiction), the person shall be fined not more than $10,000 or imprisoned for not more than ten years, or both. (§22-2511. Presence in a motor vehicle containing a firearm.)
Prison Misconduct
- The penalty for escaping or attempting to escape from a penal institution or the lawful custody of an officer of employee of D.C. or the United States is a fine of not more than $5,000 or imprisonment not more than five years, or both. (§22-2601. Escape from institution or officer.)
- The penalty for introducing contraband into a penal institution depends on what class of contraband is involved. A person convicted of violating this subchapter with regard to Class A contraband shall be imprisoned for not more than ten years, fined not more than $10,000, or both. A person convicted of violating this subchapter with regard to Class B contraband shall be imprisoned for not more than two years, fined not more than $2,000, or both. (§ 22-2603.03. Penalties.)
Prostitution; Pandering
- The penalty for engaging in prostitution is a fine of not more than $500, or imprisonment not more than 90 days, or both, for the first offense, and a fine of not more than $1,000 or imprisonment for not more than 180 days, or both for the second offense. For a third or subsequent conviction, the person can be fined not more than $4,000 or imprisoned for not more than two years, or both. (§ 22-2701. Engaging and soliciting for prostitution prohibited.)
- The penalty for abducting or enticing a child from his/her home for the purpose of prostitution is imprisonment for not more than twenty years, or a fine of not more than $20,000, or both. (§22-2704. Abducting or enticing child from his or her home for purposes of prostitution; harboring such child.)
- The penalty for pandering, or inducing or compelling an individual to engage in prostitution is imprisonment not more than five years or a fine not more than $5,000, or both. If the individual placed, compelled, or used is under the age of 18, the penalty is imprisonment for not more than twenty years and a fine not more than $20,000, or both. (§22-2705. Pandering; inducing or compelling an individual to engage in prostitution.)
- The penalty for compelling an individual to live a life of prostitution against his/her will is imprisonment for not more than fifteen years of a fine of not more than $15,000 or both. If the individual so detained or compelled is under the age of 18, the penalty is imprisonment for not more than twenty years and a fine not more than $20,000, or both. (§22-2706. Compelling an individual to live life of prostitution against his or her will.)
- The penalty for procuring or receiving money or valuable things for arranging or causing any individual to engage in prostitution or a sexual act is imprisonment for not more than five years or a fine of not more than $5,000, or both. If the person so arranged or caused to engage in prostitution is under 18 the individual may be imprisoned for not more than twenty years or fined not more than $20,000, or both. (§22-2707. Procuring; receiving money or other valuable thing for arranging assignation.)
- The penalty for causing one's spouse or domestic partner to live in prostitution is imprisonment for not less than one year nor more than ten years. (§22-2708. Causing spouse or domestic partner to live in prostitution.)
- The penalty for detaining an individual in a disorderly house or a house of prostitution because of debts such an individual has contracted is imprisonment for not less than one year nor more than five years (§22-2709. Detaining an individual in disorderly house for debt there contracted.)
- The penalty for procuring a house for prostitution or debauchery or other immoral acts is imprisonment for not more than five years or a fine not more than $1,000. (§22-2710. Procuring for house of prostitution.)
- The penalty for receiving money or valuable things for procuring another person for prostitution is imprisonment for not more than five years and a fine not more than $1,000. (§22-2711. Procuring for third persons.)
- The penalty for operating a house of prostitution is imprisonment for not more than five years and a fine of not more than $1,000. (§22-2712. Operating house of prostitution.)
- Establishing a premises for lewdness or prostitution is a nuisance and shall be enjoined and the furniture, fixtures, and contents shall also be declared a nuisance be enjoined and abated. Whoever establishes such a building is guilty of nuisance. (§22-2713. Premises occupied for lewdness, assignation, or prostitution declared nuisance.)
- A party who violates an injunction granted regarding an establishment of prostitution shall be guilty of contempt and punished by a fine of not less than $200, nor more than $1,000 or by imprisonment for not less than three nor more than six months, or both. (§22-2716. Violation of injunction granted under § 22-2714.)
- The penalty for keeping a bawdy or disorderly house is a fine of not more than $5,000 or imprisonment for not more than five years, or both. (§22-2722. Keeping bawdy or disorderly houses.)
- Any vehicle used in furtherance of a prostitution-related violation is subject to impoundment (§22-2724. Impoundment,)
Robbery
- The penalty for robbery is imprisonment not less than two years nor more than fifteen years. (§22-2801. Robbery.)
- The penalty for attempted robbery is imprisonment for not more than three years, or a fine of not more than $500, or both (§22-2802. Attempt to commit Robbery.)
- The penalty for carjacking is a fine not more than $5,000 and imprisonment for not less than seven years nor more than 21 years, or both. The penalty for armed carjacking is a fine not more than $10,000 and imprisonment not less than fifteen years nor more than thirty years. (§22-2803. Carjacking.)
Sexual Abuse
- The penalty for first degree sexual abuse is imprisonment for any term of years (including life in prison) and may be fined not more than $250,000. (§22-3002. First degree sexual abuse.)
- The penalty for second degree sexual abuse is imprisonment for not more than twenty years and may be fined not more than $200,000. (§22-3003. Second degree sexual abuse.)
- The penalty for third degree sexual abuse is imprisonment for not more than ten years and may be fined not exceeding $100,000. (§22-3004. Third degree sexual abuse.)
- The penalty for fourth degree sexual abuse is imprisonment for not more than five years and may be fined not exceeding $50,000. (§22-3005. Fourth degree sexual abuse.)
- The penalty for misdemeanor sexual abuse is imprisonment for not more than 180 days and may be fined not exceeding $1,000. (§22-3006. Misdemeanor sexual abuse.)
- The penalty for first degree child abuse is imprisonment for any term of years (including life in prison) and may be fined not more than $250,000. (§22-3008. First degree child sexual abuse.)
- The penalty for second degree child abuse is imprisonment for no more than ten years and may be fined not more than $10,000 (§22-3009. Second degree child sexual abuse.)
- The penalty for first degree child abuse of a minor is imprisonment for not more than fifteen years or fined not more than $150,000, or both. (§22-3009.01. First degree sexual abuse of a minor.)
- The penalty for second degree child abuse of a minor is imprisonment for not more than 7.5 years or fined not more than $75,000, or both. (§22-3009.02. Second degree sexual abuse of a minor.)
- The penalty for enticing a child is imprisonment for not more than five years or fined not more than $50,000, or both. (§22-3010. Enticing a child.)
- The penalty for misdemeanor sexual abuse of a child or minor is imprisonment for no longer than 180 days or a fine not exceeding $1,000, or both. (§22-3010.01. Misdemeanor sexual child abuse of a child or minor.)
- The penalty for first degree sexual abuse of a ward is imprisonment for no longer than ten years or a fine not to exceed $100,000, or both. (§22-3013. First degree sexual abuse of a ward.)
- The penalty for second degree sexual abuse of a ward is imprisonment for no longer than five years or a fine not to exceed $50,000, or both (§22-3014. Second degree sexual abuse of a ward.)
- The penalty for first degree sexual abuse of a client or patient is imprisonment for no longer than ten years or a fine not to exceed $100,000 or both. (§22-3015. First degree sexual abuse of a client or patient.)
- The penalty for second degree sexual abuse of a client or patient is imprisonment for no longer than five years or a fine not to exceed $50,000, or both. (§22-3016. Second degree sexual abuse of a client or patient.)
- The penalty for attempted sexual abuse is imprisonment for no longer than fifteen years where the maximum penalty for the offense is life in prison, or otherwise no longer than ½ the maximum penalty of the offense. Additionally, one may be fined an amount no more than ½ the fine for the offense. (§22-3018. Attempts to commit sexual offenses.)
Sexual Performance by a Minor
- The penalty for using a minor in sexual performance or directing or producing any performance including sexual conduct by a minor is a fine of $5,000 or imprisonment for no more than ten years for a first offense and a fine of $15,000, or imprisonment for not more than twenty years for a second or subsequent offense. (§22-3102. Prohibited acts; §22-3103. Penalties.)
Stalking
- The penalty for stalking is a fine of not more than $1000, imprisonment for not more than 12 months or both (§22-3134. Penalties.)
- The penalty for stalking and violating a protective order, or having a prior conviction of stalking in another jurisdiction within the past 12 years, or being at least four years older than the individual minor, or causing more than $2,500 in financial injury, is a fine of not more than $10,000 or imprisonment for not more than five years, or both (§22-3134. Penalties.)
- The penalty for stalking with two prior convictions for stalking any person is a fine of not more than $25,000 or imprisonment for not more than ten years, or both. (§22-3134. Penalties.)
Terrorism (§22-3153. Acts of Terrorism; Penalties.)
- A person who commits first degree murder that constitutes an act of terrorism shall, upon conviction, be punished by imprisonment for life without the possibility of release.
- A person who commits murder of a law enforcement officer or public safety employee that constitutes an act of terrorism shall, upon conviction, be punished by imprisonment for life without the possibility of release.
- A person who commits murder in the second degree that constitutes an act of terrorism may, upon conviction, be punished by imprisonment for life.
- A person who commits manslaughter that constitutes an act of terrorism may, upon conviction, be punished by imprisonment for life.
- A person who commits kidnapping that constitutes an act of terrorism may, upon conviction, be punished by imprisonment for life.
- A person who commits any assault with intent to kill that constitutes an act of terrorism may, upon conviction, be punished by imprisonment for not more than thirty years.
- A person who commits mayhem or maliciously disfiguring another that constitutes an act of terrorism may, upon conviction, be punished by imprisonment for not more than twenty years.
- A person who commits arson that constitutes an act of terrorism may, upon conviction, be punished by imprisonment for not more than twenty years.
- A person who commits malicious burning, destruction, or injury of another's property, if such property is valued at $500,000 or more, that constitutes an act of terrorism may, upon conviction, be punished by imprisonment for not more than twenty years.
- A person who attempts or conspires to commit first degree murder, murder of a law enforcement officer or public safety employee, murder in the second degree, manslaughter, or kidnapping that constitutes an act of terrorism may be punished by imprisonment for not more than thirty years.
- A person who attempts or conspires to commit any assault with intent to kill that constitutes an act of terrorism may, upon conviction, be punished by imprisonment for not more than twenty years.
- A person who attempts or conspires to commit mayhem or maliciously disfiguring another, arson, or malicious burning, destruction, or injury of another's property, if such property is valued at $500,000 or more, that constitutes an act of terrorism may, upon conviction, be punished by imprisonment of not more than fifteen years.
- A person who provides material support or resources for an act of terrorism may, upon conviction, be punished by imprisonment for not more than twenty years.
- A person who solicits material support or resources to commit an act of terrorism may, upon conviction, be punished by imprisonment for not more than twenty years.
- The penalty for manufacturing or possessing a weapon of mass destruction is imprisonment for life. The penalty for attempting or conspiring to manufacture or possess a weapon of mass destruction is imprisonment for not more than thirty years. (§22-3154)
- The penalty for using, disseminating, or detonating a weapon of mass destruction is imprisonment for life. The penalty for conspiring to use, disseminate or detonate a weapon of mass destruction is imprisonment for not more than thirty years. (§22-3155)
Theft; Fraud; Stolen Property; Forgery; Extortion
- Theft: The penalty for theft in the first degree is a fine not more than $5,000 or imprisoned for not more than ten years, or both, if the value of the property obtained or used is $1,000 or more. (§22-3212. Penalties for Theft.)
- The penalty for theft in the second degree is a fine not more than $1,000 or imprisoned for not more than 180 days, or both, if the property obtained or used has some value. (§22-3212)
- A person convicted of theft in the first or second degree who has two or more prior convictions for theft, not committed on the same occasion, shall be fined not more than $5,000 or imprisoned for not more than ten years and for a mandatory-minimum term of not less than one year, or both. A person sentenced under this subsection shall not be released from prison, granted probation, or granted suspension of sentence, prior to serving the mandatory-minimum. (§22-3212)
- Any person convicted of shoplifting shall be fined not more than $300 or imprisoned for not more than 90 days, or both. (§22-3213. Shoplifting.)
- Any person convicted of commercial piracy shall be fined not more than $1,000 or imprisoned for not more than 180 days, or both. (§22-3214. Commercial piracy.)
- Any person convicted of deceptive labeling involving less than 1,000 sound recordings or less than 100 audiovisual works during any 180-day period shall be fined not more than $10,000 or imprisoned for not more than one year, or both. Any person convicted of deceptive labeling involving 1,000 or more sound recordings or 100 or more audiovisual works during a 180-day period shall be fined not more than $50,000 or imprisoned for not more than five years, or both. (§22-3214.01. Deceptive labeling.)
- Any person convicted of unlawfully operating a recording device in a motion picture theater shall be fined not more than $300 or imprisoned for not more than 90 days, or both. (§22-3214.02. Unlawful operation of a recording device in a motion picture theater.)
- A person convicted of unauthorized use of a motor vehicle shall be fined not more than $1,000, imprisoned for not more than five years, or both. (§22-3215. Unauthorized use of motor vehicles.)
- A person convicted of taking property without right shall be fined not more than $300 or imprisoned for not more than 90 days, or both. (§22-3216. Taking property without right.)
- Theft of Utility Service: A person who steals utility services shall be guilty of a misdemeanor, and, upon a conviction, shall be imprisoned for not more than 60 days, or fined, not more than $500, or both. In the case of a second or subsequent conviction, the person shall be imprisoned for not more than 180 days, or fined, not more than $1,500, or both. (§22-3218.04. Penalties for violation.)
- Fraud: Any person convicted of fraud in the first degree shall be fined not more than $5,000 or three times the value of the property obtained or lost, whichever is greater, or imprisoned for not more than ten years, or both, if the value of the property obtained or lost is $250 or more. Any person convicted of fraud in the first degree shall be fined not more than $1,000 or imprisoned for not more than 180 days, or both, if the value of the property obtained or lost was less than $250. Any person convicted of fraud in the second degree shall be fined not more than $3,000 or three times the value of the property which was the object of the scheme or systematic course of conduct, whichever is greater, or imprisoned for not more than three years, or both, if the value of the property which was the object of the scheme or systematic course of conduct was $250 or more. Any person convicted of fraud in the second degree shall be fined not more than $1,000 or imprisoned for not more than 180 days, or both, if the value of the property which was the object of the scheme or systematic course of conduct was less than $250. (§22-3222. Penalties for fraud.)
- Insurance Fraud: Any person convicted of insurance fraud in the first degree shall be fined not more than $50,000 or imprisoned for not more than fifteen years, or both. Any person convicted of insurance fraud in the second degree shall be fined not more than $10,000 or imprisoned for not more than five years, or both. Any person convicted of insurance fraud in the second degree who has been convicted previously of insurance fraud or a felony conviction based on similar grounds in any other jurisdiction, shall be fined not more than $20,000 or imprisoned for not more than ten years, or both. Any person convicted of misdemeanor insurance fraud shall be fined not more than $1,000 or imprisoned for not more than 180 days, or both. A person convicted of a felony violation of insurance fraud shall be disqualified from engaging in the business of insurance, subject to 18 U.S.C. § 1033(e)(2). (§22-3225.04. Penalties.)
- Telephone Fraud: Any telephone solicitor who violates § 22-3226.06 and obtains property thereby shall be guilty of the crime of telemarketing fraud, which is punishable as follows: (1) If the amount of the transaction is valued at $20,000 or more, the seller or telephone solicitor shall upon conviction be guilty of a felony, and shall be subject to a fine of not more than $10,000 or imprisonment for not more than four years, or both. (2) If the amount of the transaction is valued at less than $20,000 but more than $5,000, the seller or telephone solicitor shall upon conviction be guilty of a felony, and shall be subject to a fine of not more than $5,000 or imprisonment for not more than three years, or both. (3) If the amount of the transaction is valued at less than $5,000 or less, the seller or telephone solicitor shall upon conviction be guilty of a misdemeanor and shall be subject to a fine of not more than $500 or imprisonment for not more than six months, or both. (§22-3226.10. Criminal penalties.)
- Identity Theft: Any person convicted of identity theft shall be fined not more than (1) $10,000, (2) three times the value of the property obtained or (3) three times the amount of the financial injury, whichever is greatest, or imprisoned for not more than ten years, or both, if the property obtained, or attempted to be obtained, or the amount of the financial injury is $1,000 or more. Any person convicted of identity theft shall be fined not more than $1,000 or imprisoned for not more than 180 days, or both, if the value of 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. Any person who commits the offense of identity theft against an individual who is 65 years of age or older, at the time of the offense, may be punished by a fine of up to one and one half times the maximum fine otherwise authorized for the offense and may be imprisoned for a term of up to one and one half times the maximum term of imprisonment otherwise authorized for the offense, or both. (§22-3227.03 . Penalties for identity theft.)
- Stolen Property: Any person convicted of trafficking in stolen property shall be fined not more than $10,000 or imprisoned for not more than ten years, or both. (§22-3231. Trafficking in stolen property.). Any person convicted of receiving stolen property shall be fined not more than $5,000 or imprisoned not more than seven years, or both, if the value of the stolen property is $250 or more. Any person convicted of receiving stolen property shall be fined not more than $1,000 or imprisoned not more than 180 days, or both, if the value of the stolen property is less than $250. (§22-3232. Receiving stolen property.)
Forgery:
- Any person convicted of forgery shall be fined not more than $10,000 or imprisoned for not more than ten years, or both, if the written instrument purports to be: (1) A stamp, legal tender, bond, check, or other valuable instrument issued by a domestic or foreign government or governmental instrumentality; (2) A stock certificate, bond, or other instrument representing an interest in or claim against a corporation or other organization of its property; (3) A public record, or instrument filed in a public office or with a public servant; (4) A written instrument officially issued or created by a public office, public servant, or government instrumentality; (5) A check which upon its face appears to be a payroll check; (6) A deed, will, codicil, contract, assignment, commercial instrument, or other instrument which does or may evidence, create, transfer, terminate, or otherwise affect a legal right, interest, obligation, or status; or (7) A written instrument having a value of $10,000 or more. (§22-3242. Penalties for forgery.)
- Any person convicted of forgery shall be fined not more than $5,000 or imprisoned for not more than five years, or both, if the written instrument is or purports to be: (1) A token, fare card, public transportation transfer certificate, or other article manufactured for use as a symbol of value in place of money for the purchase of property or services; (2) A prescription of a duly licensed physician or other person authorized to issue the same for any controlled substance or other instrument or devices used in the taking or administering of controlled substances for which a prescription is required by law; or (3) A written instrument having a value of $250 or more. (§22-3242. Penalties for forgery.)
- Any person convicted of forgery shall be fined not more than $2,500 or imprisoned for not more than three years, or both, in any other case. (§22-3242. Penalties for forgery.)
- Extortion: Any person convicted of extortion shall be fined not more than $10,000 or imprisoned for not more than ten years, or both. (§22-3251. Extortion.)
- Blackmail: Any person convicted of blackmail shall be fined not more than $1,000 or imprisoned for not more than five years, or both. (§22-3252. Blackmail.)
Trespass; Injuries to Property
- Forcible Entry: The penalty for 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, is imprisonment for not more than one year or a fine of not more than $100, or both. (§22-3301. Forcible entry and detainer.)
- Unlawful Entry: The penalty for unlawfully entering, or attempting to enter, any private dwelling, building, or other property against the will of the lawful occupant or refusing to quit the building on the demand of the lawful occupant, or of the person lawfully in charge thereof is a fine of not more than $1,000, imprisonment for not more than 180 days, or both. The penalty for unlawfully entering, or attempting to enter, any public building against the will of the lawful occupant is a fine of not more than $1,000, imprisonment for not more than six months, or both. (§22-3302. Unlawful entry on property.)
- Grave Robbery: The penalty for disturbing or removing any dead body from a grave for the purpose of dissecting, or of buying, selling, or in any way trafficking in the same, is imprisonment not less than one year nor more than three years. (§22-3303. Grave robbery; buying or selling dead bodies.)
- Placing Explosives: The penalty for placing explosives near any building, car, vessel, monument or statute with the intent to destroy, although no damage is done, is a fine not exceeding $1,000 and imprisonment not less than 2 years or more than ten years. (§22-3305. Placing explosives with intent to destroy or injure property.)
- Defacing Art: The penalty for wrongfully defacing any book, manuscript or anything belonging to the Library of Congress, any public library of D.C. shall be punished by a fine not less than $10 nor more than $1,000 and by imprisonment for not less than one month nor more than 180 days, or both, for every such offense. (§22-3306. Defacing books, manuscripts, publications, or works of art.)
- Destroying Public Records: The penalty for destroying public records is a fine not more than $1,000 or imprisonment not more than 180 days or both. (§22-3307. Destroying or defacing public records.)
- Destroying Boundary Markers: The penalty for cutting down, destroying or removing any boundary tree is a fine not more than $1,000 and imprisonment not exceeding 180 days. (§22-3309. Destroying boundary markers.)
- Destroying Trees on Public Grounds: The penalty for cutting down, removing, or destroying any tree not owned by the person is a fine of $15,000 or imprisonment for not more than 90 days, or both, when the tree is 55 inches or greater in circumference. The penalty for destroying vines, bushes, or smaller trees is a fine of $5,000 or imprisonment for not more than thirty days, or both. (§22-3310. Destroying trees or protections thereof on public grounds.)
- Disorderly Conduct in Public Buildings: The penalty for disorderly conduct in public buildings is a fine of not more than $500 or imprisonment for not more than six months, or both. (§22-3311. Disorderly conduct in public buildings or grounds; injury to or destruction of United States property.)
- Defacing Public or Private Property: The penalty for defacing (including graffiti) public or private property (including a building, statute, monument, door, or any moveable property) is a fine not less than $250 or more than $1,000, or imprisonment for no longer than 180 days, or both. (§22-3313.04. Penalties.) The penalty for graffiti on property without the consent of the owner is a fine not less than $100 nor more than $1,000. (§22-3312.04. Penalties.). The person convicted may also be required to perform community service. (§22-3312.04. Penalties.)
- Defacing or Burning Religious Symbol: The penalty for defacing or burning a religious symbol is a fine not to exceed $500 or imprisonment not to exceed 180 days, or both. (§22-3312.04. Penalties)
- Destroying or Defacing Building Material: The penalty for destroying or defacing building material is a fine or not more than $25 for each and every offense (§22-3313. Destroying or defacing building material for streets.)
- Destroying Cemetery Railing or Tomb: The penalty for destroying cemetery railings, fences or enclosures is a fine not more than $100. (§22-3314. Destroying cemetery railing or tomb.)
- Malicious Pollution of Water: The penalty for maliciously polluting the water supply is a fine not less than $500, nor more than $1,000, or imprisonment not more than three years but not less than one year. (§22-3318. Malicious pollution of water.)
- Obstructing Public Road: Removing Milestones: The penalty for obstructing a public road or destroying any milestones on such road is a fine or imprisonment at the discretion of the court (§22-3320. Obstructing public road; removing milestones.)
- Obstructing Public Highway: The penalty for obstructing a public highway is a fine not less than $100 nor more than $250 and imprisonment until the fine and costs of the suit are paid. (§22-3321. Obstructing public highway.)
Use of "District of Columbia"
The penalty for using "District of Columbia" by private detective or collection agencies is a fine not more than $300, or imprisonment not more than 90 days, or both (§22-3402. Use of "District of Columbia" or similar designation by private detective or collection agency-Penalty.)
Voyeurism
The penalty for voyeurism is a fine not more than $1,000 or imprisonment not more than one year, or both. The penalty for distributing or disseminating photos, film, videotape taken in violation of voyeurism laws is a fine of not more than $5,000 and imprisonment for not more than five years, or both. (§22-3531. Voyeurism.)
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Civil or Administrative
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What are the civil sanctions related to burial protection in the state?
We are unable to locate an answer relevant to this question at this time.
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What are the administrative sanctions related to burial protection in the state?
We are unable to locate an answer relevant to this question at this time.
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Preservation of Burials and Compliance Therewith
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Laws Related to Preservation of Burials
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How are the future interests in property involving burials subject to the rule against perpetuities?
Any person desiring to dedicate any lot of land (not exceeding five acres) as a burial place may duly convey such land to the District of Columbia specifying such deed in the society/association/neighborhood for the use of which the dedication is desired and (once the conveyance is accepted by the Mayor) thereby vest such title in perpetuity for the uses stated. (§43-112. Dedication of land; title vested in perpetuity.)
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How can the state exercise eminent domain over a cemetery or historic property?
In order to obtain real property for the building of schools, fire/police stations, roads, highways, water mains or sewers, the officers of the District may file in the Superior Court of D.C. a complaint for the condemnation of the property and pay a satisfactory price for such land.
(§16-1311. Condemnation proceedings by District of Columbia.).
If the parties agree to the appraisement by the court, the mayor shall pay the amount and the title to the property shall vest in the District of Columbia.
(§16-1319. Payment of award; transfer of title.)
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How are conservation and preservation easements created in this state?
A conservation easement (defined in this chapter as: a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations the purposes of which include retaining or protecting natural, scenic, or open-space values of real property, ensuring its availability for agricultural, forestal, recreational, or open-space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural, archaeological, or cultural aspects of real property.) may be created in the same manner as other easements. A conservation easement shall be exempt from recordation tax (imposed by §42-1103) and transfer tax (imposed by §47-903), unless the conservation easement exceeds $100 in value. No rights or duties may be enforced under a conservation easement unless the holder accepts such rights or duties. A conservation easement is unlimited in duration unless provided otherwise. An interest in real property is not impaired by a conservation easement unless the owner consents to it. A conservation easement is valid even when: (1) It is not appurtenant to an interest in real property; (2) It can be or has been assigned to another holder; (3) It is not of a character that has been recognized traditionally at common law; (4) It imposes a negative burden; (5) It imposes affirmative obligations upon the owner of an interest in the burdened property or upon the holder; (6) The benefit does not touch or concern real property; or (7) There is no privity of estate or of contract.
(§42-202. Exemption from recordation and transfer tax.)
Written consent of the conservation easement holder is required before the issuance of a permit for construction, demolition, alteration, or repair of a property, except for interior work. A conservation easement is deemed registered ten days after proof of the conservation easement is presented to the Historic Preservation Division of the Building and Land Regulation Administration.
(§42-202.01. Rights of the holder of a conservation easement.)
An owner of property burdened by an easement, a holder of an easement, and/or a person having a legal right of enforcement may bring actions affecting a conservation easement.
(§42-203. Persons who may bring actions.)
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How does the state create authorized rights-of-way through cemetery property?
The Mayor is empowered to secure a right-of-way through cemetery property if it becomes necessary to extend present streets or avenues or open public ways through such cemeteries.
(§1-1315. Right-of-way through cemeteries.)
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How are the transfer of cemetery lots and the disposition of cemetery land regulated?
D.C. does not specifically regulate the transfer of cemetery lots or the disposition of cemetery land, except that grants and trusts made to fund the preservation and upkeep of cemetery plots are not subject to the rule against perpetuities.
(§19-904. Exclusions from statutory rule against perpetuities.)
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How will the state regulate or sell unsuitable or condemned cemetery property?
With the consent of Council, the Mayor of D.C. may subdivide, sell, or exchange any excess real property acquired by eminent domain. The property shall be sold not less than the fair market value. Moneys from the sales of such property shall be covered into the revenues of D.C.
(§16-1332. Sale of excess property; restrictions on use; fair market value; disposition of moneys.)
The authorities of D.C. may choose to retain such property for a park, playground, highway, for any public interest.
(§16-1334. Retention, for public use, of excess property.)
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What is the procedure for abandoning burial grounds or cemetery lots?
We are unable to locate an answer relevant to this question at this time.
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What is the procedure for removing or replacing headstones?
D.C. does not appear to have specific procedure outlined for the removal or replacement of headstones.
Injuring or defacing tombs or inscriptions shall result in a fine of not more than $100.
(§ 22-3314. Destroying cemetery railing or tomb.)
Excavation of burials should be preceded by careful consideration, thorough planning and extensive consultation. If a proposed project area contains or is likely to contain human remains, the project sponsor or archaeologist should consult with HPD to determine an appropriate course of action.
(D.C. Municipal Regulations, Title 10A Historic Preservation, §501 Historic Properties Designated for Archaeological Significance)
(See also Guidelines for Archeological Investigations in the District of Columbia, Historic Preservation Division April 1998, page 31) (available at: http://planning.dc.gov/planning/frames.asp?doc=/planning/lib/planning/preservation/archaeology/dcarchaeologyguidelines1998.1.pdf, last accessed 6/23/10)
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How will the state preserve historical or archaeological resources including human remains, burial places, and funerary objects threatened by public construction or public works?
The Historic Landmark-District Preservation Fund pays the costs of repair work necessary to prevent the demolition by neglect of historic landmarks. The fund also helps supplement the costs of carrying out other historical preservation programs. It receives funds appropriated from the District of Columbia as well as grants, donations, interest earned from investment of monies, and money collected as penalties for violations of historic landmark law.
(§6-1110.01. Historic Landmark-District Protection Fund; establishment.)
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What are the procedures for excavating/removing remains/archaeological resources on public lands?
An excavating agency should make a good faith effort to avoid or minimize harm to the historic property until it has completed consultation or implementation of the discovery plan provisions.
If human remains are discovered during construction, those resources warrant exceptional care and consideration. Any excavation of burials should be preceded by careful consideration, thorough planning and extensive consultation. If a proposed project area contains or is likely to contain human remains (e.g. based on the proximity of known burials, historical records, oral accounts, or the results of previous investigations), the project sponsor or archaeologist should consult with HPD to determine an appropriate course of action.
If an applicant agrees to undertake archaeological investigation, the staff shall assist in identifying archaeological consultants meeting National Park Service professional standards as described in 36 CFR 61.
(D.C. Municipal Regulations, Title 10A Historic Preservation, §502 Historic Properties with Potential Archaeological Significance)
(See also Guidelines for Archeological Investigations in the District of Columbia, Historic Preservation Division April 1998, page 31) (available at: http://planning.dc.gov/planning/frames.asp?doc=/planning/lib/planning/preservation/archaeology/dcarchaeologyguidelines1998.1.pdf, last accessed 6/23/10)
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What are the procedures for excavating/removing remains/archaeological resources on private lands?
The Historic Preservation Division does not encourage the excavation of human remains, unless those remains are imminently threatened by natural or human forces, or unless those resources have outstanding research potential. However, cemeteries and burials should be located, recorded and evaluated as archaeological properties when discovered through archaeological investigations. Under D. C. Law it is mandated as to the process to follow when a burial is discovered.
(See Guidelines for Archeological Investigations in the District of Columbia, Historic Preservation Division April 1998, page 32) (available at: http://planning.dc.gov/planning/frames.asp?doc=/planning/lib/planning/preservation/archaeology/dcarchaeologyguidelines1998.1.pdf, last accessed 6/23/10)
The DCSHOP strongly recommends adherence to "Curation of Federally-Owned and Administered Archeological Collections" (36 CFR § 79) for all archeological collections generated in DC.
(See Guidelines for Archeological Investigations in the District of Columbia, Historic Preservation Division April 1998, page 34) (available at: http://planning.dc.gov/planning/frames.asp?doc=/planning/lib/planning/preservation/archaeology/dcarchaeologyguidelines1998.1.pdf, last accessed 6/23/10)
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What are the procedures for discoveries of human remains and artifacts of cultural significance?
An excavating agency should make a good faith effort to avoid or minimize harm to the historic property until it has completed consultation or implementation of the discovery plan provisions.
If human remains are discovered during construction, those resources warrant exceptional care and consideration. Any excavation of burials should be preceded by careful consideration, thorough planning and extensive consultation. If a proposed project area contains or is likely to contain human remains (e.g. based on the proximity of known burials, historical records, oral accounts, or the results of previous investigations), the project sponsor or archaeologist should consult with HPD to determine an appropriate course of action.
If an applicant agrees to undertake archaeological investigation, the staff shall assist in identifying archaeological consultants meeting National Park Service professional standards as described in 36 CFR 61.
(D.C. Municipal Regulations, Title 10A Historic Preservation, §502 Historic Properties with Potential Archaeological Significance)
(See Guidelines for Archeological Investigations in the District of Columbia, Historic Preservation Division April 1998, page 31) (available at: http://planning.dc.gov/planning/frames.asp?doc=/planning/lib/planning/preservation/archaeology/dcarchaeologyguidelines1998.1.pdf, last accessed 6/23/10)
The HPD does not encourage the excavation and long term curation of human remains, unless those remains are imminently threatened by natural or human forces, or unless the remains have outstanding research potential. Procedures for the treatment of human remains and associated grave goods may vary depending on the anticipated final disposition of the remains and the wishes of descendants or culturally affiliated groups. Treatment procedures must be established prior to initiating any excavation of human remains or undertaking a project which anticipates their recovery. Any treatment decisions must conform with applicable federal and state legislation, regulations, and policies in addition to these standards and guidelines. Chapter VIII.C presents a more detailed discussion of special provisions related to human remains and cemeteries. Contact the DCSHPO Archaeologist for guidance and information on the appropriate handling and treatment of human remains and associated grave goods, at (202) 727-7360.
(Guidelines for Archeological Investigations in the District of Columbia, Historic Preservation Division April 1998, page 40) (available at: http://planning.dc.gov/planning/frames.asp?doc=/planning/lib/planning/preservation/archaeology/dcarchaeologyguidelines1998.1.pdf, last accessed 6/23/10)
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What are the procedures for the disposition of human remains and funerary artifacts?
The HPD does not encourage the excavation and long term curation of human remains, unless those remains are imminently threatened by natural or human forces, or unless the remains have outstanding research potential. Procedures for the treatment of human remains and associated grave goods may vary depending on the anticipated final disposition of the remains and the wishes of descendants or culturally affiliated groups. Treatment procedures must be established prior to initiating any excavation of human remains or undertaking a project which anticipates their recovery. Any treatment decisions must conform with applicable federal and state legislation, regulations, and policies in addition to these standards and guidelines. Chapter VIII.C presents a more detailed discussion of special provisions related to human remains and cemeteries. Contact the DCSHPO Archaeologist for guidance and information on the appropriate handling and treatment of human remains and associated grave goods, at (202) 727-7360.
(Guidelines for Archeological Investigations in the District of Columbia, Historic Preservation Division April 1998, page 40) (available at: http://planning.dc.gov/planning/frames.asp?doc=/planning/lib/planning/preservation/archaeology/dcarchaeologyguidelines1998.1.pdf, last accessed 6/23/10)
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What are the procedures for the removal and re-interment of human remains from cemeteries?
The Historic Preservation Division does not encourage the excavation of human remains, unless those remains are imminently threatened by natural or human forces, or unless those resources have outstanding research potential. However, cemeteries and burials should be located, recorded and evaluated as archaeological properties when discovered through archaeological investigations.
(See Guidelines for Archeological Investigations in the District of Columbia, Historic Preservation Division April 1998, page 32) (available at: http://planning.dc.gov/planning/frames.asp?doc=/planning/lib/planning/preservation/archaeology/dcarchaeologyguidelines1998.1.pdf, last accessed 6/23/10)
The DCSHOP strongly recommends adherence to "Curation of Federally-Owned and Administered Archeological Collections" (36 CFR § 79) for all archeological collections generated in DC.
(See Guidelines for Archeological Investigations in the District of Columbia, Historic Preservation Division April 1998, page 34) (available at: http://planning.dc.gov/planning/frames.asp?doc=/planning/lib/planning/preservation/archaeology/dcarchaeologyguidelines1998.1.pdf, last accessed 6/23/10)
Some local historical cemeteries have partnered with the Smithsonian Institution to properly and safely deal with the removal and re-interment of human remains, while the cemetery restores burial structures and monuments. (E.g., The Congressional Cemetery. More information available at http://www.congressionalcemetery.org/tomb-restoration, last accessed 7/14/10)
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How does the state regulate the opening and construction of highways through burial grounds or cemeteries?
The Mayor is empowered to secure a right-of-way through a cemetery if extending any present streets or avenues requires traversing grounds used a cemetery or burial place.
(§1-1315. Right-of-way through cemeteries.)
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How does the state identify, preserve, and control Native American sacred sites?
D.C. does not appear to have any specific laws regarding the identification, preservation or control of Native American sites.
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How does the state preserve historical land from surface mining?
D.C. does not appear to have specific laws prohibiting surface mining.
However, historical land is protected by the Historic Preservation Review Board, and any "alteration" to historic land must be petitioned for by the owner and approved by the Mayor and the Historic Preservation Review Board.
(§6-1105. Alterations.)
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What are the procedures from the exploration of submerged graves and underwater sites?
D.C. Code does not appear to specify procedures for exploring submerged graves or underwater sites. However, there are procedures for the regulation and testing of D.C. waters.
If denied admission to inspect a facility that relates to the regulation of the quality of District water, the Mayor may apply to a court of competent jurisdiction for a search warrant to conduct such inspections.
(§8-103.15. Subpoena and inspection powers of Mayor.)
Additionally, the United States government maintains an interest and title to the shores, banks, marsh lands and water ways of the Potomac River, the Anacostia River, Eastern Branch, and Rock Creek. As such, the exploration of underwater sites or submerged graves located in these waterways may be subject to federal law.
(§10-102. Establishing and making clear title of United States to lands or waters of Potomac River, Anacostia River, Eastern Branch, and Rock Creek.)
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What are the procedures for transferring land and property containing historic or cultural resources?
We are unable to locate an answer relevant to this question at this time.
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What public health regulations exist for the removal and burial of human remains?
No grave shall be opened if the person buried died of Asiatic cholera, yellow fever, typhus fever, smallpox (including varioloid), leprosy, the plague, tetanus, diphtheria, or scarlet fever, however the Director of the Department of Health of D.C. may, in his/her discretion, authorize such opening under sanitary conditions.
(§ 43-123. Reopening graves; graves of pestilential disease victims.)
Anyone who is convicted of violating, or aiding and abetting in the violation of these provisions shall be punished by a fine of not more than $200 or by imprisonment for not more than 90 days, or both.
(§43-126. Penalty.)
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How is environmental impact measured for historical and archaeological resources?
D.C. is committed to promoting the health, safety and welfare of D.C. residents and affording the fullest possible preservation and protection of the environment by requiring that the environmental impact of proposed government-initiated and privately initiated actions be examined before implemented.
(§8-109.01. Purpose.)
Whenever a major action is proposed that is likely to have a substantial negative impact on the environment, the authority or person must submit a detailed Environmental Impact Statement (EIS) at least 60 days prior to taking action. The EIS shall describe and analyze: the goals and nature of the proposed major action and its environment; the relationship of the proposed major action to the goals of the adopted Comprehensive Plan, requirements as promulgated by the Zoning Commission, and any District or federal environmental standards; any adverse environmental impact that cannot be avoided if the proposed major action is implemented; alternatives to the proposed major action, including alternative locations and the adverse and beneficial effects of the alternatives; any irreversible and irretrievable commitment of resources involved in the implementation of the proposed major action; mitigation measures proposed to minimize any adverse environmental impact; the impact of the proposed major action on the use and conservation of energy resources, if applicable and significant; the cumulative impact of the major action when considered in conjunction with other proposed actions; the environmental effect of future expansion or action, if expansion or action is a reasonably foreseeable consequence of the initial major action and the future expansion or action will likely change the scope or nature of the initial major action or its environmental effects; responses to comments provided by the Council, any affected Advisory Neighborhood Commission, and interested members of the public; and any additional information that the Mayor or a board, commission, or authority determines to be helpful in assessing the environmental impact of any proposed major action and the suggested alternatives.
(§8-109.03. Environmental Impact Statement requirements.)
If the EIS identifies an adverse effect and contains a finding that the public health, safety, or welfare is endangered by the action, the District government may disapprove the action, unless the applicant proposes mitigating measures or substitutes a reasonable alternative.
(§8-109.04. Adverse impact findings.)
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Activities Affecting Burials Which Require State or Local Government Compliance
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What activities affecting burials require state or local government compliance?
Board of Funeral Directors
Funeral directors, apprentice funeral directors, and funeral services establishments must be licensed and regulated to protect the public from fraud or unfair practices.
(§3-401. Purposes.)
For information on a funeral director's licensing requirements, see §3-405. Qualifications, applications, and examinations for licensure, subsections (a)-(c).
For information on an apprentice funeral director's licensing requirements, see §3-405. Qualifications, applications, and examinations for licensure, subsection (d).
For information on a funeral services establishment licensing requirements, see §3-405. Qualifications, applications, and examinations for licensure, subsection (e).
The mayor may refuse to approve or issue renewal of a license, or may order restrictions, impose a fine, or suspend or revoke the license of any applicant/licensee if the applicant/licensee has: engaged in fraud; engaged in unfair or deceptive practice; violated any District or federal laws regarding funeral directing; performed funeral directing services while under the influence of alcohol or drugs; conspired in the violation or circumvention of funeral directing regulations; solicited human remains; engaged in the misrepresentation or fraud of a funeral services establishment or as a funeral director; performed embalming services without specific authorization by next of kin; charged in excess of actual expenditures paid for funeral services establishment; committed gross negligence in the performance of funeral directing activities. (§3-408. Grounds for denial, suspension, or revocation of license.)
No person may engage in funeral directing, operate a funeral services establishment in the District, or perform funeral directing services without the proper license. No person employed by a nursing home, hospital, morgue, or ambulance service may inform a funeral services establishment of the death or impending death for the purpose of solicitation.
(§3-411. Prohibited acts.)
Any person guilty of such violation can be fined not less than $300 or more than $1,000, or imprisoned not more than 90 days, or both. Each unlawful practice is a separate punishable offense. Alternatively, civil fines or penalties may be imposed.
(§3-417. Penalties.)
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Rules, Regulations, and Ordinances Governing Burial-Related Activities
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What state regulations relate to non-governmental burial-related activities?
Five or more individuals may form a Cemetery association and may have the same powers, rights, privileges, liabilities, and immunities incident to corporations.
(§43-101. Incorporation and Powers.)
Superintendents of cemeteries must register their names at the office of the D.C. Department of Health.
(§43-118. Superintendent of cemetery to register at Department of Human Services.)
Builders or maintainers of crematories (or other devices used for destroying human bodies) must have consent of neighboring landowners within a 200-foot radius, and must obtain a permit from the Mayor for the erection and maintenance of such crematory. Permits are issued for a term not to exceed five years.
(§ 43-124. Crematories; consent of property owners; permit.)
Embalming or tissue removal after death must be practiced in accordance with laws governing Embalmers, regulations outlined in §7-1541.03, and the approval of the Chief Medical Examiner.
(§43-125. Embalming; removal of tissue immediately after death.)
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What local regulations relate to non-governmental burial-related activities?
Because the District of Columbia is both a quasi-state and a city, "state regulations" are also "local regulations."
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Decision-Making
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Authorities Empowered to Make Decisions Affecting Burials
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How is a cemetery association formed in this state?
Five or more people can associate themselves together to form a cemetery association, and will have the power to adopt a corporate name, and will have perpetual succession and be invested with all powers, rights, privileges, liabilities and immunities incident to corporations.
(§43-101. Incorporation; powers.)
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Who has the right to conduct archaeological field excavations?
The DC Historic Preservation Division (DC HPD) recognizes the qualifications for investigators promulgated by the National Park Service (36 CFR Part 61: Appendix A).
The minimum professional qualifications in archaeology are a graduate degree in archaeology, anthropology, or closely related field plus:
At least one year of full-time professional experience or equivalent specialized training in archaeological research, administration or management;
At least four months of supervised field and analytical experience in general North American archaeology; and,
Demonstrated ability to carry research to completion. In addition to these minimum qualifications, a professional in prehistoric archaeology shall have at least one year of full-time professional experience at a supervisory level in the study of archaeological resources of the prehistoric period A professional in historic archaeology shall have at least one year of full-time professional experience at a supervisory level in the study of archaeological resources of the historic period (36 CFR Part 61: Appendix A).
Following the theme of these professional qualifications, the DC HPD requires that for investigations in the District an archaeologist have at least one year of full-time professional experience at a supervisory level in the study of archaeological resources found in urban contexts.
The principal archaeologist who meets the qualifications listed above must be designated within any research designs, work plans, reports, or other documentation associated with an individual undertaking. The HPD retains the right to approve or reject the use of the proposed Principal Investigator or Field Supervisor if those individuals' qualifications are inadequate or not appropriate for the project. In addition, the personnel that have been designated as the Principal Investigator, and Field Supervisor, cannot be substituted without prior discussion with the Historic Preservation Division.
(Guidelines for Archeological Investigations in the District of Columbia, Historic Preservation Division April 1998, available at: http://planning.dc.gov/planning/frames.asp?doc=/planning/lib/planning/preservation/archaeology/dcarchaeologyguidelines1998.1.pdf, last accessed 6/23/10)
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Who has custody rights of discovered human remains?
In disputes of human remains with funeral services establishments, the matter is referred to the Mayor or his/her designee for a decision as to possession.
(§3-412. Claim of human remains.)
The Director of the Department of Human Services is authorized to provide containers for the reception, burial and identification of all bodies of indigent persons creamated at the public crematorium, whose ashes remain unclaimed after 12 months from creamation.
(§7-178. Reception, burial, and identification of ashes of certain cremated indigent persons.)
Unless otherwise directed, the right to control the remains of a deceased person and his/her burial shall vest in the following order of priority: 1) the competent surviving spouse or domestic partner; 2) the sole surviving competent adult child, or if there is more than one, the majority of the surviving competent adult children; 3) the surviving competent parent or parents; 4) the surviving competent adult person in the next degree of kindred; 5) an adult friend or volunteer. (§3-413. Claim of human remains.)
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Who has the ownership rights of archeological specimens or objects of cultural significance?
Because there is no repository for archeological material, a number of consultants and Universities are storing the material that they have excavated during projects conducted in the District. In one case, a developer is storing the artifacts from a project on his property, in the building that he built on the land. He will donate these artifacts to the District when we have a curation facility.
Situations may arise where a property owner requests to keep the material remains recovered from the owner's private property. Under these circumstances, the archeologist should encourage the owner to donate the collection to a suitable repository by explaining the ethical reasons for appropriate curation and by providing information on incentives for such a donation (tax benefits, recognition, ensuring accessibility for future generations). A repository may be willing to accept the entire collection and then loan selected items back to the property owner for display or study purposes. If a property owner insists on retaining possession of the artifacts recovered from their property, the items must be returned to the owner.
Prior to transfer of material remains to requesting private property owners, the objects should be cataloged, processed, and packaged in accordance with minimum professional standards. In addition, the objects should be thoroughly recorded, including photographs and drawings of diagnostic artifacts and other objects critical to the interpretation of the archaeological resources.. The resulting documentation should be incorporated into any associated collection records, all of which should be deposited in a suitable repository along with a clear identification of the location of the transferred material remains in the owner's possession. Finally, the archeologist should provide the owner with written curatorial recommendations on how to store and handle the collection to avoid or minimize damage and deterioration of the items. The owner also should be supplied with information on incentives for the future donation of the collection to an appropriate repository, and sources for additional technical assistance and advice.
(Guidelines for Archeological Investigations in the District of Columbia, Historic Preservation Division April 1998, pages 35-36, available at: http://planning.dc.gov/planning/frames.asp?doc=/planning/lib/planning/preservation/archaeology/dcarchaeologyguidelines1998.1.pdf, last accessed 6/23/10)
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What rights do nonresident of the state maintain?
We are unable to locate an answer relevant to this question at this time.
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What has the authority to enforce criminal or unlawful actions regarding human remains and cultural resources?
Violators of §43-120 (which deals with the unlawful keeping or exhibition of dead bodies) may be prosecuted in the Superior Court of the District of Columbia, and may be punished by a fine of not more than $200 or imprisonment for not more than 90 days, or both.
(§ 43-126. Penalty.; §43-127. Prosecutions.)
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Who has dominion and control of state historic and archaeological resources?
Although the District has yielded significant archaeological collections through excavations conducted during the late 19th century and throughout the 20th century, there is no one single repository for archaeological materials and their associated site records. At present the DC SHPO does not maintain a curation facility for artifact assemblages. Artifacts and field records may be found at the Smithsonian Institution, and at various colleges and institutions. In addition, several consulting archaeological firms retain collections resulting from excavations within the city. Where appropriate, these wide ranging collections should be reviewed in order to provide a context for potential archaeological sites. Often analysis of previously-excavated collections is warranted prior to the continuation of archaeological work within one property or project area. For example, before completing Phase ill excavation in 1995 at a site associated with "development of Metro's Green Line, the artifacts and field notes from an early 1980s excavation were analyzed (Louis Berger & Associates, Inc. 1993). This work allowed the archaeologists to refine the research questions applied to the individual site during subsequent data recovery excavations (Louis Berger & Associates, Inc. 1994).
(Guidelines for Archeological Investigations in the District of Columbia, Historic Preservation Division April 1998, page 12, available at: http://planning.dc.gov/planning/frames.asp?doc=/planning/lib/planning/preservation/archaeology/dcarchaeologyguidelines1998.1.pdf, last accessed 6/23/10)
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Who sits on the state historical commission, and how long are these members appointed?
DC has only the Historic Preservation Review Board, part of the Office of Planning.
(§6-1103. Historic Preservation Review Board.)
See also D.C. Office of Planning Website: http://planning.dc.gov/planning/site/default.asp (last accessed 7/21/2010).
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Who sits on the state historic preservation board and for how long?
The historic preservation review board consists of nine members, confirmed by the D.C. council, with all members meeting the requirements of State Review Boards (Federal regulation: 16 U.S.C. §470 et seq.). The board shall broadly reflect the composition of the population of D.C. with respect to race, sex, geographic distribution and other demographic characteristics. Each member serves three year terms, staggered so that one third appointees expire each year.
(§6-1103. Historic Preservation Review Board.)
The Historic Preservation Review Board (HPRB) is an eleven-member body appointed by the Mayor, comprised of preservation professionals and private citizens.
Current Board members: http://planning.dc.gov/planning/cwp/view,a,1284,q,570734.asp
By law, HPRB membership complies with National Park Service requirements for State Review Boards. HPRB appointments are also made with a view toward having its membership represent to the greatest practicable extent the composition of the adult population of the District of Columbia with regard to race, sex, geographic distribution, and other demographic characteristics.
Under National Park Service regulations (36 CFR Part 61), all Review Board members must have demonstrated competence, interest, or knowledge in historic preservation. A majority of the members must meet the Secretary of the Interior's Professional Qualifications Standards for historic preservation.
HPRB professional members must include at least one person qualified in each of three disciplines --- history, archaeology, and architectural history ---although a single qualified member may represent more than one discipline. The remaining professional members must represent one of 12 identified disciplines: archaeology (prehistoric and historic), architectural history, conservation, cultural anthropology, curation, engineering, folklore, historic architecture, historic landscape architecture, historic preservation, historic preservation planning, or history.
(Historic Preservation Review Board Website: http://planning.dc.gov/planning/cwp/view,a,1284,q,570734.asp) (last accessed 7/21/2010).
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Scope of Authority
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What powers and responsibilities are delegated to cemetery associations in this state?
Powers
Cemetery associations have the power to acquire (by gift, grant, or purchase) any lot or lots of land not exceeding 50 acres to lay out burial places for the dead, and to sell as such. They must reserve a sufficient portion for the burial of strangers and indigents.
(§43-102. Powers to acquire and sell land.)
Cemetery associations have the power to enclose and decorate their burial ground, to build a hearse house, to keep the premises in proper repair, and to do any other necessary acts that all appliances, conveniences and benefits of a cemetery may be obtained.
(§43-104. Inclosure and ornamentation of land; purchase of equipment.)
The property of any cemetery association shall be exempt from taxation and not liable to sale on execution.
(§43-111. Exemption from taxation and sale on execution.)
Responsibilities
It is the duty of cemetery owners to enclose such cemetery with sufficient walls or fences to prevent entrance or exit except by designated gates. If required by the mayor, such cemeteries shall be underdrained to prevent water remaining in any grave or vault.
(§43-105. Duty to inclose and underdrain.)
Owners of any cemetery in the District have the duty to divide the area for graves into lots of reasonable size (the grave spaces for the burial of persons above ten years of age to be at least eight feet by three feet, and those for the burial of children under ten years of age at least six feet by 2 feet, or, if preferred, half the size of an adult grave space, four feet by three feet), permanently designated by conspicuous marks, and duly numbered. The plat of the cemetery shall be filed in the Office of the Surveyor.
(§43-116. Lots to be conspicuously marked; plat to be recorded; size and depth of graves.)
Owners of any cemetery have the duty to keep a register showing the number of each lot, the name, age, cause of death, and date of burial of each person buried in each grave space, and the number of the burial permit. In cases of disinterment, the register will show the date of such disinterment and the official permit number for such disinterment.
(§43-117. Register of burials; contents.)
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How are cemetery sales records to be kept?
D.C. code does not specify how cemetery sales records should be kept, however, it does stipulate that proceeds arising from the sale of burial lots, after deducting expenses, shall be used to improve and ornament the burial ground. (DC St S §43-106)
Additionally, cemetery owners must keep a register showing the number of each lot, the name, age, cause of death, and date of burial of each person buried in such a space, and the number of the burial permit authorizing such burial. The register must always be open to inspection by a representative of the Department of Health and the Police Department. (§43-117)
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What power does the state have to acquire/purchase property of historic/archaeological significance?
D.C. code does not appear to specifically outline the power of the district to acquire or purchase property of historic or archaeological significance.
However, in describing the Historic Landmark-District Preservation Fund (HLP Fund), the code stipulates that the fund may be supported by the sale of real or personal property donated to the fund.
(See generally "Intent" preceding the section on Historic Preservation law, starting at §6-1101. Declaration and purposes.)
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How does the state manage park and historical sites?
The Director of the National Park Service and the Mayor of the District of Columbia are authorized to make all necessary rules and regulations for the proper care of all public grounds. (§10-137. Authority to make rules and regulations for care of public grounds-Generally.)
The Director of the Department of Recreation and Parks may: (1) Establish a reasonable schedule of hours for the operation of parks; (2) Impose limits, conditions, and restrictions on the public use of parks; (3) Close all or a portion of a park area to public use or to a specific use or activity; or (4) Terminate a limit, condition, restriction, or any other decision made. The Director of the Department shall inform the public of closures or restrictions of parks by publishing such changes in the D.C. Register and a major Washington, D.C. newspaper. The D.C. Police Department may enforce regulations made by the Director of the Department and punish violators with a fine not more than $100 or by imprisonment for not more than 90 days, or both.
(§10-137.01. Authority of the Director of the Department of Recreation and Parks to regulate District parks.)
All public space park areas are the responsibility of the Department of Recreation. The Department of Public Works is responsible for the maintenance of roadsides, gateways and cloverleafs. The Department of Recreation is responsible for maintaining, landscaping and beautifying parks.
(§10-166. Division of Park Services)
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What are the powers of municipal and county governments regarding park and historical sites?
The National Park Service has exclusive control of the park system of the District of Columbia. The D.C. park system includes: (1) all public spaces laid down as reservations on the map of 1894 accompanying the annual report for 1894 of the officer in charge of public buildings and grounds; (2) all portions of the space in the streets and avenues of the said District, after the same shall have been set aside by the Council of the District of Columbia for park purposes.
(§10-104. Control of park system; composition thereof.)
The Director of the National Park Service has the power to make and enforce all regulations for the control of vehicles and traffic within public grounds of D.C..
(§10-105. Power to make and enforce vehicle and traffic regulations.)
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How do county and municipal governments oversee cemetery property?
The Mayor is authorized to license any parcel of land in D.C. less than one acre in size and otherwise bounded by land dedicated to cemetery purposes for cemetery purposes.
(§43-115. Mayor authorized to license certain lands for cemetery purposes.)
Cemetery owners must file a plat of the cemetery showing the division of lots and the number of each lot with the Office of the Surveyor of the District.
(§43-116. Lots to be conspicuously marked; plat to be recorded; size and depth of graves.)
Cemetery owners must keep a register showing the number of each lot, the name, age, cause of death and date of burial of each person buried in such lots, and the number of the burial permit authorizing such burial. The register shall be open to inspection by a representative of the Department of Health and the Police Department of D.C.
(§43-117. Register of burials; contents.)
The superintendent or person in charge of any cemetery shall register his/her name at the office of the D.C. Department of Health.
(§43-118. Superintendent of cemetery to register at Department of Human Services.)
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What are the powers and duties of the state historical commission?
The Historic Preservation Review Board shall meet the qualifications outlined by the Secretary of the Interior (16 U.S.C. § 470 et seq.) and advise the Mayor of the compatibility of all applications for historical preservation, maintain an inventory of historic landmarks and districts in D.C., and perform other functions related to the protection, preservation and perpetuation of historic, architectural, cultural and aesthetic heritage of D.C.
(§6-1103. Historic Preservation Review Board. Subsection (c))
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How does the state historical commission register or include historical property?
The D.C. Historic Preservation Office's website has a number of guidelines on how to register property as an historic building, as well as how to alter one's historic building.
The Historic Preservation Review Board will hold a hearing to determine whether to include the property in the register
(§6-1103. Historic Preservation Review Board.).
Generally, the Historic Preservation Review Board abides by the Secretary of the Interior's Standards for Rehabilitation.
(accessible here in PDF, see page 6).
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What are the powers and duties of the state archaeological commission?
D.C. does not have a state archaeological commission. Archeological sites can be designated as historic landmarks or contributing properties to historic districts by the Historic Preservation Review Board and the D.C. Historic Preservation Office.
(See §6-1101. Declaration and purposes. Subsection (b)(3))
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How is the rehabilitation and preservation of historic property conducted?
The Historic Landmark-District Protection Fund (HLP Fund) is established to pay the costs of repair work necessary to prevent demolition by neglect of historic properties, or to carry out any other historic preservation program. The HLP Fund may comprise of appropriations from the D.C. government, grants or donations, interest earned, amounts collected as costs or penalties under Historic Preservation law, or proceeds from the sale of real or personal property donated to the fund or to the District for purposes of the fund.
(§6-1110.01. Historic Landmark-District Protection Fund; establishment.)
Additionally, the Mayor may use authorized funds to establish a targeted homeowner grant program to assist homeowners in certain historic districts (Anacostia Historic District; Blagden Alley/Naylor Court Historic District; Capitol Hill Historic District; Greater Fourteenth Street Historic District; Greater U Street Historic District; LeDroit Park Historic District; Mount Pleasant Historic District; Mount Vernon Square Historic District; Mount Vernon Triangle Historic District; Shaw Historic District; Strivers' Section Historic District; Takoma Park Historic District) in rehabilitating their property. Such grants shall not exceed $25,000 (except in Anacostia, where it shall not exceed $35,000), and depend on the taxpayer's household income, and the Mayor's approval.
(§6-1110.02. Targeted Homeowner Grant Program.)
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What specific historic or cultural properties are regulated by the state's historical commission?
All Historic Sites designated by the D.C. Historic Preservation Board are available at their website, here:
http://www.planning.dc.gov/planning/cwp/view,A,1284,Q,570748.asp (last accessed 6/24/2010)
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Special Funding Sources
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Special Funding for Protection and Preservation of Burials
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How is the income from cemetery land to be used and dispersed in this state?
Cemeteries are exempt from paying taxes to the state.
(§47-1002. Real property-Exemptions. Subsection (12); §43-111. Disbursing Officer; appointment; bond; general powers and duties; audit of accounts.)
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How is a state historic acquisition and preservation fund administered?
The Historic Landmark-District Protection Fund is within the General Fund of D.C. and exists to pay the costs of repair work necessary to prevent demolition by neglect, or to defray the cost of carrying out any other historic preservation program. Grants and donations are acceptable, and the fund shall receive interest earned from its deposit or investment. Any amounts collected as penalties from violations of laws to protect historic landmarks or historic districts may be deposited into the fund. The mayor shall include the HLP in the budget estimates every fiscal year.
(§6-1110.01. Historic Landmark-District Protection Fund; establishment.)
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How are trust funds for the maintenance of cemeteries established and administered?
Cemetery associations are allowed to take any grants, donations, or bequests upon trust and apply any income thereof to the preservation, renewal, and repair of any tomb, monument, gravestone or other structure, fence, railing, or other enclosure around a cemetery lot, or to plant trees, flowers in or around the cemetery.
(§43-113. Deputy Disbursing Officer and assistant disbursing officers-Appointment.)
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How are state historic archives maintained?
The D.C. Office of Public Records Management, Archival Administration and Library of Governmental Information is established within the Office of the Secretary; the administrator is appointed by the Mayor.
(§2-1702. Establishment of District of Columbia Office of Public Records Management, Archival Administration, and Library of Governmental Information.)
The Administrator publishes material of historic interest, compiles publications of historical interest, (subject to the Mayor's approval) may enter into agreements to publish books on District history, sell publications, reproductions or historical souvenirs. The Administrator also should establish standards for storing records, and shall maintain a Library of Governmental Information of D.C., which is a source for reference and research information regarding the business of the District. The Administrator shall compile and maintain every public record or document requested to be preserved by the D.C. council, the board of education and the D.C. courts.
(§2-1703. Responsibilities and duties of Public Records Administrator.)
Each D.C. agency shall send to the Library of Governmental Information at least 2 copies of every report, study, or publication prepared by the agency, except for unofficial copies of reports. At least one copy of each report shall be made public. The mayor shall make an electronic version of the list available to the public within thirty days of each transmission from an agency. (§2-1704. Reporting requirements.)
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How may the state enter into private contracts for recovering and preserving historical artifacts?
The Administrator of the D.C. Office of Public Records Management may, with the approval of the Mayor, enter into contracts with publisher wishing to write books on D.C. history, or sell publications, reproductions, replicas or historical souvenirs of D.C.
(§2-1703. Responsibilities and duties of Public Records Administrator.)
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What funding exists for state historical education efforts?
The Museum of the City of Washington, Inc is the official cultural institution in D.C. for preserving the record of local achievement, history, culture and scholarship in history and the arts in D.C. The museum collects, preserves and exhibits those artifacts, archival material and works of art related to the heritage of D.C., and develops educational programs to enhance the public understanding and appreciation of D.C.
(§39-301. Established; designation as official cultural institution; duties.)
The D.C. government may appropriate funds or loan personnel to the Museum of the City of Washington on a permanent or temporary basis to assist the museum.
(§39-306. Cooperation of District government.)
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What funding exists for state museums' scientific services?
The D.C. government may appropriate funds or loan personnel to the Museum of the City of Washington on a permanent or temporary basis to assist the museum in carrying out the purpose of preserving the record of local achievement, history, culture, and scholarship in history and the arts of the District of Columbia.
(§39-301. Established; designation as official cultural institution; duties.; §39-306. Cooperation of District government.)
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Special Funding for Public Lands
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What special funding sources are there for protection and preservation of burials on public lands?
We are unable to locate an answer relevant to this question at this time.
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Special Funding for Private Lands
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What special funding sources are there for protection and preservation of burials on private lands?
Although there are no specific funds for the protection and preservation of burials, D.C. maintains a grant program to assist homeowners in restoring their historic property. The Targeted Homeowner Grant Program recognizes structures that contribute to the character of various districts within D.C., and are limited to the structural repairs or the exterior of the home. The grants do not exceed $25,000 (except in Anacostia, where the grant cannot exceed $35,000). Depending on the taxpayer's income, he/she may be required to contribute a certain percentage to the cost of such rehabilitation. The Mayor will approve the scope of the rehabilitation work, ensure the work is consistent with the purposes of the grant, and award grants pursuant to the rules the Mayor established. The Mayor may expend up to $1.25 million funds for this purpose each fiscal year.
(§6-1110.02. Targeted Homeowner Grant Program.)
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State Recognition of Constituent Groups
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Laws Recognizing or Acknowledging Constituent Groups
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What laws are there recognizing or acknowledging constituent groups?
Latino Community
It is the intent of the D.C. Council that the District government ensure a full range of health, education, employment, and social services to the Latino community of D.C. The Office on Latino Affairs, the D.C. government and the Latino community shall serve as an impetus to making the Latino community and integral part of the D.C. community.
(§2-1301. Intent of Council.)
Asian and Pacific Islander Community
The D.C. Commission on Asian and Pacific Islander Affairs was established to advise the Mayor and advocate for the interest of the Asian and Pacific Islander communities. The Commission helps: improve the delivery of human services; increase the number of Asian and Pacific Islanders serving on D.C. boards and commissions and working for the D.C. government; promote positive relations between Asian and Pacific Islanders and other ethnic groups; encourage and support economic development and historical preservation of Chinatown; provide assistance to support Asian small businesses.
(§2-1371. Findings.)
The Mayor must make available any D.C. government published application/brochure/pamphlet on obtaining services relating to health or welfare of D.C. residents, translated into Chinese, Vietnamese or Korean. A statistical record of the distribution and use of such materials shall be kept.
(§2-1375. Translations of District publications relating to health, safety and welfare in Chinese, Vietnamese, and Korean.)
GLBT Community
The Office of Gay, Lesbian, Bisexual and Transgender Affairs is established within the Executive Office of the Mayor, and shall administer and promote programs related to the welfare of the GLBT community. Additionally, the Mayor shall establish an advisory committee of not more than 25 public members, representative of the diversity of people and ideas within the GLBT community, which shall include representation from gay, lesbian, bisexual and transgender community organizations representing health, social service, religious, and human rights issues and its members shall be representative of the diversity in the community with regard to socioeconomic status, religion, race, ethnicity, gender identification, age, and families. The Advisory Committee shall advise the Director and the Mayor on issues relating to the gay, lesbian, bisexual and transgender community and on issues relating to the mission of the Office.
(§2-1382. Establishment of the Office of Gay, Lesbian, Bisexual, and Transgender Affairs; Advisory Committee.)
African Community
There is established an Office on African Affairs which shall ensure that a full range of health, education, employment and social services are available to the African communities of D.C., and shall monitor service delivery to those communities and make recommendations to the Mayor to promote the welfare of those communities.
(§2-1391. Establishment of the Office on African Affairs.)
Speakers of Other Languages
Any D.C. government agency, department, or program that provides information or renders services directly to the public must provide oral language services to a person with limited or no-English proficiency who seeks to access or participate in the services, programs, or activities offered. To the extent that a covered entity requires additional personnel to meet its requirement to provide oral language services based on the determination set forth in this section, the covered entity shall hire bilingual personnel into existing budgeted vacant public contact positions.
(§2-1931. Definitions.; §2-1932. Oral language services provided by covered entities.)
Affirmative Action
All affirmative action plans shall state the number of females and males who are Black, White, Spanish-speaking, Native American and Asian American and who would be employed at the agency at the actual employment levels in the agency at the time the plan is submitted. These shall be goals, not quotas, and shall be broken down agency wide, within each office the agency, and within each pay level of each salary scale in the agency.
(§1-521.03. Agency affirmative action plan-Goal of representation; actual employment levels.)
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What tribes are recognized by the state?
D.C. recognizes tribes that are federally recognized.
(See mention in §19-1301.03. Definitions; §19-1502. Definitions; §21-2401.02. Definitions; §28-4901. Definitions.: "The term ["state"] includes an Indian tribe or band, or Alaskan native village, which is recognized by federal law or formally acknowledged by a State.")
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Are the state-recognized tribes different from the federally-recognized tribes in the state?
No. D.C. recognizes tribes that are federally recognized.
(See mention in §19-1301.03. Definitions; §19-1502. Definitions; §21-2401.02. Definitions; §28-4901. Definitions.: "The term ["state"] includes an Indian tribe or band, or Alaskan native village, which is recognized by federal law or formally acknowledged by a State.")
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Compliance Laws
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What laws are there related to compliance with recognition or acknowledgment of constituent groups?
Asian and Pacific Islander Community
The Mayor shall make available to persons whose primary language is Chinese, Vietnamese or Korean, a text version translated into these languages of any D.C. government published brochure or pamphlet which is essential to obtaining services related to health, safety and welfare. The Mayor shall maintain a record of the distribution and use of the materials and may issue regulations to implement the translation and distribution of these materials.
(§2-1375. Translations of District publications relating to health, safety and welfare in Chinese, Vietnamese, and Korean.)
Government Language Accessibility
Interpreters
Interpreters are required whenever a communication-impaired person is brought before a court at any stage of a judicial or quasi-judicial proceeding, or during an administrative proceeding for any agency of the District of Columbia, or between an indigent defendant and his/her appointed counsel, or before a legislative committee, or when taken into custody for an alleged violation of criminal law.
(§ 2-1902. Interpreters required.)
The Office of Interpreter Services shall pay for the salaries, fees, expenses, and costs incident to providing interpreter services and may perform other duties and functions as are necessary to facilitate the use of interpreter services in the District of Columbia.
(§ 2-1911. Office of Interpreter Services.)
Language Access
A covered entity (defined in §2-1931 as any District government agency, department, or program that furnishes information or renders services, programs, or activities directly to the public or contracts with other entities, either directly or indirectly, to conduct programs, services, or activities; the term does not include the Advisory Neighborhood Commissions.) shall provide oral language services to a person with limited or no-English proficiency who seeks to access or participate in the services, programs, or activities offered by the covered entity.
(§ 2-1932. Oral language services provided by covered entities.)
A covered entity (defined in §2-1931 as any District government agency, department, or program that furnishes information or renders services, programs, or activities directly to the public or contracts with other entities, either directly or indirectly, to conduct programs, services, or activities; the term does not include the Advisory Neighborhood Commissions.) shall provide translations of vital documents into any non-English language spoken by a limited or no-English proficient population that constitutes 3% or 500 individuals, whichever is less, of the population served or encountered, or likely to be served or encountered, by the covered entity in the District of Columbia.
(§2-1933. Written language services by covered entity.)
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Regulatory Laws
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What laws are there related to regulation or recognition or acknowledgment of constituent groups?
Latino/a Community
The Office on Latino Affairs within the D.C. government administers programs to promote the welfare of the Latino community in D.C.
(§ 2-1311. Established.)
The Commission on Latino Community Development advises the Mayor, the Director of the Office on Latino Affairs, the Council, and the public of the views and needs of the Latino community in D.C
(§2-1321. Established.)
The Commission shall advocate for Latino persons in DC, shall review and submit to the Mayor, the Council, the Office on Latino Affairs, and the community an annual report of the needs of the Latino community in DC, shall cooperate with other agencies (federal, state, private) concerned with activities pertaining to the Latino community, shall conduct public hearings to determine views of the Latino community on matters affecting the health, safety, and welfare of the Latino community in DC, shall bring to the attention of the Mayor and the Office on Latino Affairs cases of neglect, abuse and bias against the Latino community in the administration of the laws of D.C., shall review and comment on proposed District and federal legislation affecting the health, safety and welfare of the Latino community, and shall develop policy and provide review of planning undertaken by the Office on Latino Affairs.
(§ 2-1330. Functions.)
Asian and Pacific Islander Community
The Office on Asian and Pacific Islander Affairs within the D.C. government ensures that a full range of health, education, employment and social services are available to the Asian and Pacific Islander community of DC, and monitors service deliver and makes recommendations to the Mayor and the Commission to promote the welfare of the Asian and Pacific Islander community. The Director of the Office on Asian and Pacific Islander Affairs shall apply for, receive and expend any gifts, grants or money to carry out the duties and responsibilities of the office.
(§2-1373. Establishment of the Office on Asian and Pacific Islander Affairs.)
The Commission on Asian and Pacific Islander Community Development advises the Mayor, the Council, the Director of the Office on Asian and Pacific Islander Affairs and the public of the needs of the Asian and Pacific Islander communities in D.C. The Commission includes ex-officio non-voting members from relevant governmental agencies within the District (Department of Employment Services; Department of Human Services; Department of Health; Department of Housing and Community Development; Department of Public Works; Department of Consumer and Regulatory Affairs; Homeland Security and Emergency Management Agency; Department of Parks and Recreation; Superintendent of the Schools of the District of Columbia; Chief of the Metropolitan Police Department; and Chief of the Fire and Emergency Medical Services Department). The Commission shall advocate for Asian and Pacific Islander persons in the District, shall publish an annual report of the needs of the Asian and Pacific Islander communities in DC, shall cooperate with federal and state agencies concerned with activities pertaining to the Asian and Pacific Islander communities, shall participate in hearings on matters affecting health, safety and welfare of the Asian and Pacific Islander communities, shall bring to the Mayor's attention cases of neglect, abuse, or bias against members of the Asian and Pacific Islander communities in the administration of DC laws, shall review and comment on proposed DC legislation and make policy recommendations on issues affecting the health, safety, and welfare of Asian and Pacific Islanders.
(§2-1374. Establishment of the Commission on Asian and Pacific Islander Community Development.)
Gay, Lesbian, Bisexual and Transgender (GLBT) Community
The Office of Gay, Lesbian, Bisexual and Transgender Affairs administers programs delegated to it by the Mayor and the Council to promote the welfare of the gay, lesbian, bisexual and transgender community. The GLBT Advisory Committee shall advise the Director of the Office of Gay, Lesbian, Bisexual and Transgender Affairs and the Mayor on issues relating to the GLBT community.
(§ 2-1382. Establishment of the Office of Gay, Lesbian, Bisexual, and Transgender Affairs; Advisory Committee.)
African Community
The Office on African Affairs ensures that a full range of health, education, employment, and social services are available to the African communities in the District, monitors service delivery to those communities, and makes recommendations to the Mayor to promote the welfare of those communities.
(§2-1391. Establishment of the Office on African Affairs.)
The Commission on African Affairs advises the Mayor, the Council, the Director of the Office on African Affairs, and the public on the views and needs of the African communities in the District.
(§2-1393. Establishment of the Commission on African Affairs.)
The Commission serves as an advocate for African persons in the District, reviews and submits to the Mayor, the Council, and the Office, and the public an annual report of the needs of the African communities in the District, cooperates with federal, state and private agencies concerned with activities pertaining to the African communities, conducts or participates in public hearings and other forums to determine views of the African communities and other members of the public on matters affecting health, safety and welfare of those communities, brings to the attention of the Mayor and the Office cases of neglect, abuse and incidents of bias against members of the African communities in the administration of District and federal laws, reviews and comments on proposed District and federal legislation, regulations, policies, and programs and make policy recommendations on issues affecting the health, safety, and welfare of the African communities, develops policy and provides continuing review of the planning undertaken by the Office and makes reasonable requests for information necessary to aid the Commission in the discharge of its responsibilities.
(§ 2-1395. Functions of the Commission.)
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Decision-Making Authorities
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What notice and consultation with tribes is required for discoveries of Native American human remains, burial places, and funerary objects?
D.C. has no specific law regarding the discovery of human remains, burial places, or funerary objects. Upon discovering human remains, D.C. code urges excavators to tread carefully and to contact the National Park Service so the excavation can be in compliance with NAGPRA standards.
Excavation of burials should be preceded by careful consideration, thorough planning and extensive consultation. If a proposed project area contains or is likely to contain human remains, the project sponsor or archaeologist should consult with HPD to determine an appropriate course of action.
(Guidelines for Archeological Investigations in the District of Columbia, Historic Preservation Division April 1998, page 31) (available at: http://planning.dc.gov/planning/frames.asp?doc=/planning/lib/planning/preservation/archaeology/dcarchaeologyguidelines1998.1.pdf, last accessed 6/23/10)
If human remains are discovered during construction, those resources warrant exceptional care and consideration. Any excavation of burials should be preceded by careful consideration, thorough planning and extensive consultation. If a proposed project area contains or is likely to contain human remains (e.g. based on the proximity of known burials, historical records, oral accounts, or the results of previous investigations), the project sponsor or archaeologist should consult with HPD to determine an appropriate course of action.
(Guidelines for Archeological Investigations in the District of Columbia, Historic Preservation Division April 1998, page 31) (available at: http://planning.dc.gov/planning/frames.asp?doc=/planning/lib/planning/preservation/archaeology/dcarchaeologyguidelines1998.1.pdf, last accessed 6/23/10)
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How are Indian sacred sites regulated?
D.C. does not appear to specifically regulate Indian sacred sites through the D.C. Code.
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Is there a state Indian Affairs Commission or equivalent?
D.C. does not appear to have an Indian Affairs Commission.
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How is the state Indian Affairs Commission or equivalent composed?
D.C. does not appear to have an Indian Affairs Commission.
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What are the powers and duties of the state Indian Affairs Commission?
D.C. does not appear to have an Indian Affairs Commission.
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Is there a state Indian cultural heritage commission?
D.C. does not appear to have an Indian cultural heritage commission
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Special Funding
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What special funding sources are there for state recognition or acknowledgment of constituent groups?
Latino Community
Two hundred thousand dollars is appropriated from the general operating budget of the District of Columbia for carrying out programs related to Latino Community Development.
(§2-1341. Appropriation.)
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[1]All citations refer to the D.C. Code (current through May 18, 2010), which can be accessed at http://government.westlaw.com/linkedslice/default.asp?RS=GVT1.0&VR=ff.0&SP=dcc-1000&Action=Welcomeor http://michie.lexisnexis.com/dc/lpext.dll?f=templates&fn=main-h.htm&cp=dccode
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