(a) It is unlawful for any person to engage in prostitution or to solicit for prostitution.
(b)(1) Except as provided in paragraph (2) of this subsection, a person convicted of prostitution or soliciting for prostitution shall be:
(A) Fined not more than $500, imprisoned for not more than 90 days, or both, for the first offense; and
(B) Fined not more than $1,000, imprisoned not more than 180 days, or both, for the second offense.
(2) A person convicted of prostitution or soliciting for prostitution who has 2 or more prior convictions for prostitution or soliciting for prostitution, not committed on the same occasion, shall be fined not more than $4,000, imprisoned for not more than 2 years, or both.
(c) For the purposes of this section, a person shall be considered as having 2 or more prior convictions for prostitution or soliciting for prostitution if he or she has been convicted on at least 2 occasions of violations of:
(1) This section;
(2) A statute in one or more other jurisdictions prohibiting prostitution or soliciting for prostitution; or
(3) Conduct that would constitute a violation of this section if committed in the District of Columbia.
(Aug. 15, 1935, 49 Stat. 651, ch. 546, § 1; June 9, 1948, 62 Stat. 346, ch. 428, title I, § 102; June 29, 1953, 67 Stat. 93, ch. 159, § 202(b); Dec. 10, 1981, D.C. Law 4-57, § 3, 28 DCR 4652; Nov. 21, 1985, D.C. Law 6-62, § 2, 32 DCR 4581; Dec. 1, 1987, D.C. Law 7-44, § 2, 34 DCR 5310; May 24, 1996, D.C. Law 11-130, § 3(a), 43 DCR 1570; Apr. 24, 2007, D.C. Law 16-306, § 211(a), 53 DCR 8610; Dec. 10, 2009, D.C. Law 18-88, § 211, 56 DCR 7413; Apr. 20, 2012, D.C. Law 19-120, § 202, 58 DCR 11235.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 22-2701.
1973 Ed., § 22-2701.
Effect of Amendments
D.C. Law 16-306 rewrote the section, which had read as follows:
"(a) It shall not be lawful for any person to invite, entice, persuade, or address for the purpose of inviting, enticing, or persuading, any person or persons in the District of Columbia for the purpose of prostitution or any other immoral or lewd purpose. The penalties for violation of this section shall be a fine of $500 and no less than one day but no more than 90 days imprisonment for the first offense, a fine of $750 and no less than one day but no more than 135 days imprisonment for the second offense, and a fine of $1,000 and no less than one day but no more than 180 days imprisonment for the third and each subsequent offense. Any person convicted of a violation of this section may be sentenced to community service as an alternative to, but not in addition to, any term of imprisonment authorized by this section.
"(b) Inviting, enticing, persuading, or addressing for the purpose of inviting, enticing, or persuading, for the purpose of prostitution includes, but is not limited to, remaining or wandering about a public place and:
"(1) Repeatedly beckoning to, stopping, attempting to stop, or attempting to engage passers-by in conversation for the purpose of prostitution;
"(2) Stopping or attempting to stop motor vehicles for the purpose of prostitution; or
"(3) Repeatedly interfering with the free passage of other persons for the purpose of prostitution."
D.C. Law 18-88 rewrote the section, which had read as follows:
"It is unlawful for any person to engage in prostitution or to solicit for prostitution. The penalties for violation of this section shall be a fine of $500 or not more than 90 days imprisonment, or both, for the first offense, a fine of $750 or not more than 135 days imprisonment, or both, for the second offense, and a fine of $1,000 or not more than 180 days imprisonment, or both, for the third and each subsequent offense."
D.C. Law 19-120, in subsecs. (b) and (c), substituted "prostitution or soliciting for prostitution" for "prostitution".
Emergency Act Amendments
For temporary amendment of section, see § 2 of the Safe Streets Anti-Prostitution Emergency Amendment Act of 1995 (D.C. Act 11-133, August 11, 1995, 42 DCR 4680) and § 2 of the Safe Streets Anti-Prostitution Legislative Review Emergency Amendment Act of 1995 (D.C. Act 11-153, November 9, 1995, 42 DCR 6567).
For temporary (90 day) amendment of section, see § 211(a) of Omnibus Public Safety Emergency Amendment Act of 2006 (D.C. Act 16-445, July 19, 2006, 53 DCR 6443).
For temporary (90 day) amendment of section, see § 211(a) of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-490, October 18, 2006, 53 DCR 8686).
For temporary (90 day) amendment of section, see § 211(a) of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-10, January 16, 2007, 54 DCR 1479).
For temporary (90 day) amendment of section, see § 211(a) of Omnibus Public Safety Second Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-25, April 19, 2007, 54 DCR 4036).
For temporary (90 day) amendment of section, see § 203 of Crime Bill Emergency Amendment Act of 2009 (D.C. Act 18-129, June 29, 2009, 56 DCR 5495).
For temporary (90 day) amendment of section, see § 211 of Omnibus Public Safety and Justice Emergency Amendment Act of 2009 (D.C. Act 18-181, August 6, 2009, 56 DCR 6903).
For temporary (90 day) amendment of section, see § 211 of Omnibus Public Safety and Justice Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18- 227, October 21, 2009, 56 DCR 8668).
For temporary (90 day) amendment of section, see § 202 of Receiving Stolen Property and Public Safety Amendments Emergency Amendment Act of 2011 (D.C. Act 19-261, December 21, 2011, 58 DCR 11232).
For temporary (90 day) amendment of section, see § 202 of Receiving Stolen Property and Public Safety Amendments Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-326, March 19, 2012, 59 DCR 2384).
Legislative History of Laws
For legislative history of D.C. Law 4-57, see Historical and Statutory Notes following § 22-2701.01.
Law 6-62, the "Prostitution Enforcement Amendment Act of 1985," was introduced in Council and assigned Bill No. 6-261, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on June 25, 1985 and July 9, 1985, respectively. Signed by the Mayor on July 16, 1985, it was assigned Act No. 6-66 and transmitted to both Houses of Congress for its review.
Law 7-44, the "Penalty for Prostitution Amendment Act of 1987," was introduced in Council and assigned Bill No. 7-74, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on June 16, 1987 and June 30, 1987, respectively. Signed by the Mayor on July 23, 1987, it was assigned Act No. 7-59 and transmitted to both Houses of Congress for its review.
Law 11-77, the "Safe Streets Anti-Prostitution Temporary Amendment Act of 1995", was introduced in Council and assigned Bill No. 11-422. The Bill was adopted on first and second readings on July 29, 1995, and October 10, 1995, respectively. Signed by the Mayor on October 26, 1995, it was assigned Act No. 11-147 and transmitted to both Housed of Congress for its review. D.C. Law 11- 77 became effective on January 24, 1996.
Law 11-130, the "Safe Streets Anti-Prostitution Amendment Act of 1996," was introduced in Council and Assigned Bill No. 11-439, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on February 6, 1996, and March 5, 1996, respectively. Signed by the Mayor on March 15, 1996, it was assigned Act No. 11-237 and transmitted to both Houses of Congress for its review. D.C. Law 11-130 became effective on May 24, 1996.
For Law 16-306, see notes following § 22-404.
For Law 18-88, see notes following § 22-404.
Law 19-120, the "Receiving Stolen Property and Public Safety Amendment Act of 2011", was introduced in Council and assigned Bill No. 19-215, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on November 1, 2011, and December 6, 2011, respectively. Signed by the Mayor on December 21, 2011, it was assigned Act No. 19-262 and transmitted to both Houses of Congress for its review. D.C. Law 19-120 became effective on April 20, 2012.
For the purposes of this section, §§ 22-2701, 22-2703, and 22-2723, § 22-2704, §§ 22-2705 to 22-2712, §§ 22-2713 to 22-2720, and § 22-2722.
(1) "Arranging for prostitution" means any act to procure or attempt to procure or otherwise arrange for the purpose of prostitution, regardless of whether such procurement or arrangement occurred or a fee was paid.
(2) "Domestic partner" shall have the same meaning as provided in § 32- 701(3).
(3) "Prostitution" means a sexual act or contact with another person in return for giving or receiving a fee.
(4) "Prostitution-related offenses" means those crimes and offenses defined in this act and in the acts cited in the lead-in language of this section.
(5) "Sexual act" shall have the same meaning as provided in § 22-3001(8).
(6) "Sexual contact" shall have the same meaning as provided in § 22- 3001(9).
(7) "Solicit for prostitution" means to invite, entice, offer, persuade, or agree to engage in prostitution or address for the purpose of inviting, enticing, offering, persuading, or agreeing to engage in prostitution.
(Dec. 10, 1981, D.C. Law 4-57, § 2, 28 DCR 4652; May 7, 1993, D.C. Law 9-267, § 3, 39 DCR 5684; Apr. 24, 2007, D.C. Law 16-306, § 212, 53 DCR 8610.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 22-2701.1.
Effect of Amendments
D.C. Law 16-306 rewrote the section, which had read as follows:
"For the purposes of this act, the term:
"(1) 'Prostitution' means the engaging, agreeing to engage, or offering to engage in sexual acts or contacts with another person in return for a fee.
"(2) 'Public place' means any street, sidewalk, bridge, alley, plaza, park, driveway, parking lot, transportation facility, or the doorways and entrance ways to any building which fronts on any of these locations, or a motor vehicle in or on any such place.
"(3) 'Arranging for prostitution' means any act to procure or attempt to procure or otherwise arrange for the purpose of prostitution, regardless of whether such procurement or arrangement occurred or a fee was paid.
"(4) 'Solicitation for prostitution' means inviting, enticing, persuading, or addressing for the purpose of inviting, enticing, or persuading another to engage in acts including, but not limited to, remaining or wandering about a public place; and
"(i) Repeatedly beckoning to, stopping, attempting to stop, or attempting to engage passers-by in conversation for the purpose of prostitution;
"(ii) Stopping or attempting to stop motor vehicles for the purpose of prostitution; or
"(iii) Repeatedly interfering with the free passage of other persons for the purpose of prostitution."
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 212 of Omnibus Public Safety Emergency Amendment Act of 2006 (D.C. Act 16-445, July 19, 2006, 53 DCR 6443).
For temporary (90 day) amendment of section, see § 212 of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-490, October 18, 2006, 53 DCR 8686).
For temporary (90 day) amendment of section, see § 212 of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-10, January 16, 2007, 54 DCR 1479).
For temporary (90 day) amendment of section, see § 212 of Omnibus Public Safety Second Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-25, April 19, 2007, 54 DCR 4036).
Legislative History of Laws
Law 4-57, the "Community Park West Designation Act of 1981," was introduced in Council and assigned Bill No. 4-184, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on September 15, 1981, and September 29, 1981, respectively. Signed by the Mayor on October 19, 1981, it was assigned Act No. 4-98 and transmitted to both Houses of Congress for its review.
For legislative history of D.C. Law 9-267, see Historical and Statutory Notes following § 22-2723.
For Law 16-306, see notes following § 22-404.
References in Text
"This act", referred to in the introductory language, is D.C. Law 4-57.
(Dec. 17, 1941, 55 Stat. 810, ch. 589, § 5.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 22-2702.
The court may impose conditions upon any person found guilty under § 22- 2701, and so long as such person shall comply therewith to the satisfaction of the court the imposition or execution of sentence may be suspended for such period as the court may direct; and the court may at or before the expiration of such period remand such sentence or cause it to be executed. Conditions thus imposed by the court may include an order to stay away from the area within which the offense or offenses occurred, submission to medical and mental examination, diagnosis and treatment by proper public health and welfare authorities, and such other terms and conditions as the court may deem best for the protection of the community and the punishment, control, and rehabilitation of the defendant. The Department of Human Services of the District of Columbia, the Women's Bureau of the Police Department, and the probation officers of the court are authorized and directed to perform such duties as may be directed by the court in effectuating compliance with the conditions so imposed upon any defendant.
(Aug. 15, 1935, 49 Stat. 651, ch. 546, § 3; Aug. 1, 1950, 64 Stat. 393, ch. 513, § 1; May 24, 1996, D.C. Law 11-130, § 3(b), 43 DCR 1570.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 22-2703.
1973 Ed., § 22-2703.
Emergency Act Amendments
For temporary amendment of section, see § 3(b) of the Safe Streets Anti-Prostitution Emergency Amendment Act of 1996 (D.C. Act 11-252, April 15, 1996, 43 DCR 2139).
For temporary addition of § 2703a, see § 12 of the Metropolitan Police Department Civilianization and Street Solicitation for Prostitution Emergency Amendment Act of 1998 (D.C. Act 12-428, August 6, 1998, 45 DCR 5884).
Legislative History of Laws
For legislative history of D.C. Law 11-130, see Historical and Statutory Notes following § 22-2701.
(a) It is unlawful for any person, for purposes of prostitution, to:
(1) Persuade, entice, or forcibly abduct a child under 18 years of age from his or her home or usual abode, or from the custody and control of the child's parents or guardian; or
(2) Secrete or harbor any child so persuaded, enticed, or abducted from his or her home or usual abode, or from the custody and control of the child's parents or guardian.
(b) A person who violates subsection (a) of this section shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not more than 20 years, or by a fine of not more than $20,000, or both.
(Mar. 3, 1901, 31 Stat. 1322, ch. 854, § 813; May 21, 1994, D.C. Law 10- 119, § 2(q), 41 DCR 1639; Apr. 24, 2007, D.C. Law 16-306, § 213, 53 DCR 8610.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 22-2704.
1973 Ed., § 22-2704.
Effect of Amendments
D.C. Law 16-306 rewrote the section, which had previously read:
"Any person who, for purposes of prostitution, persuades, entices, or forcibly abducts a child under 16 years of age from his or her home or usual abode, or from the custody and control of the child's parents or guardian, shall be punished by imprisonment for not less than 2 years and not more than 20 years; and whoever knowingly secretes or harbors any child so persuaded, enticed, or abducted shall be punished by imprisonment for not more than 8 years."
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 213 of Omnibus Public Safety Emergency Amendment Act of 2006 (D.C. Act 16-445, July 19, 2006, 53 DCR 6443).
For temporary (90 day) amendment of section, see § 213 of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-490, October 18, 2006, 53 DCR 8686).
For temporary (90 day) amendment of section, see § 213 of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-10, January 16, 2007, 54 DCR 1479).
For temporary (90 day) amendment of section, see § 213 of Omnibus Public Safety Second Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-25, April 19, 2007, 54 DCR 4036).
Legislative History of Laws
Law 10-119, the "Anti-Gender Discriminatory Language Criminal Offenses Amendment Act of 1994," was introduced in Council and assigned Bill No. 10-332, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on February 1, 1994, and March 1, 1994, respectively. Signed by the Mayor on March 17, 1994, it was assigned Act No. 10-209 and transmitted to both Houses of Congress for its review. D.C. Law 10- 119 became effective on May 21, 1994.
For Law 16-306, see notes following § 22-404.
(a) It is unlawful for any person, within the District of Columbia to:
(1) Place or cause, induce, entice, procure, or compel the placing of any individual in the charge or custody of any other person, or in a house of prostitution, with intent that such individual shall engage in prostitution;
(2) Cause, compel, induce, entice, or procure or attempt to cause, compel, induce, entice, or procure any individual:
(A) To reside with any other person for the purpose of prostitution;
(B) To reside or continue to reside in a house of prostitution; or
(C) To engage in prostitution; or
(3) Take or detain an individual against the individual's will, with intent to compel such individual by force, threats, menace, or duress to marry the abductor or to marry any other person.
(b) It is unlawful for any parent, guardian, or other person having legal custody of the person of an individual, to consent to the individual's being taken, detained, or used by any person, for the purpose of prostitution or a sexual act or sexual contact.
(c)(1) Except as provided in paragraph (2) of this subsection, a person who violates subsection (a) or (b) of this section shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not more than 5 years, or by a fine of not more than $5,000, or both.
(2) A person who violates subsection (a) or (b) of this section when the individual so placed, caused, compelled, induced, enticed, procured, taken, detained, or used or attempted to be so placed, caused, compelled, induced, enticed, procured, taken, detained, or used is under the age of 18 years shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not more than 20 years or by a fine of not more than $20,000, or both.
(June 25, 1910, 36 Stat. 833; Jan. 3, 1941, 54 Stat. 1225, ch. 936, § 1; May 21, 1994, D.C. Law 10-119, § 12(a), 41 DCR 1639; May 17, 1996, D.C. Law 11-119, § 3, 43 DCR 528; Apr. 24, 2007, D.C. Law 16-306, § 214(a), 53 DCR 8610.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 22-2705.
1973 Ed., § 22-2705.
Effect of Amendments
D.C. Law 16-306 rewrote the section, which had previously read as follows:
"Any person who, within the District of Columbia shall place or cause, induce, procure, or compel the placing of any individual in the charge or custody of any other person, or in a house of prostitution, with intent that such individual shall engage in prostitution, or who shall compel, induce, entice, or procure or attempt to compel, induce, entice, or procure any individual to reside with any other person for immoral purposes or for the purpose of prostitution, or who shall compel, induce, entice, or procure or attempt to compel, induce, entice, or procure any such individual to reside or continue to reside in a house of prostitution, or compel, induce, entice, or procure or attempt to compel, induce, entice, or procure such individual to engage in prostitution, or who takes or detains an individual against the individual's will, with intent to compel such individual by force, threats, menace, or duress to marry the abductor or to marry any other person; or any parent, guardian, or other person having legal custody of the person of an individual, who consents to the individual's taking or detention by any person, for the purpose of prostitution or sexual intercourse, shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not more than 5 years and by a fine of not more than $1,000."
Emergency Act Amendments
For temporary amendment of section, see § 3(c) of the Safe Streets Anti-Prostitution Emergency Amendment Act of 1996 (D.C. Act 11-252, April 15, 1996, 43 DCR 2139).
For temporary (90 day) amendment of section, see § 214(a) of Omnibus Public Safety Emergency Amendment Act of 2006 (D.C. Act 16-445, July 19, 2006, 53 DCR 6443).
For temporary (90 day) amendment of section, see § 214(a) of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-490, October 18, 2006, 53 DCR 8686).
For temporary (90 day) amendment of section, see § 214(a) of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-10, January 16, 2007, 54 DCR 1479).
For temporary (90 day) amendment of section, see § 214(a) of Omnibus Public Safety Second Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-25, April 19, 2007, 54 DCR 4036).
Legislative History of Laws
For legislative history of D.C. Law 10-119, see Historical and Statutory Notes following § 22-2704.
Law 11-119, the "Criminal Code Technical Amendments Act of 1996," was introduced in Council and assigned Bill No. 11-484, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on December 5, 1995, and January 4, 1996, respectively. Signed by the Mayor on January 26, 1996, it was assigned Act No. 11-198 and transmitted to both Houses of Congress for its review. D.C. Law 11-119 became effective May 17, 1996.
For Law 16-306, see notes following § 22-404.
(a) It is unlawful for any person, within the District of Columbia, by threats or duress, to detain any individual against such individual's will, for the purpose of prostitution or a sexual act or sexual contact, or to compel any individual against such individual's will, to reside with him or her or with any other person for the purposes of prostitution or a sexual act or sexual contact.
(b)(1) Except as provided in paragraph (2) of this subsection, a person who violates subsection (a) of this section shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not more than 15 years or by a fine of not more than $15,000, or both.
(2) A person who violates subsection (a) of the section when the individual so detained or compelled is under the age of 18 years shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not more than 20 years or by a fine of not more than $20,000, or both.
(June 25, 1910, 36 Stat. 833, ch. 404, § 2; Jan. 3, 1941, 54 Stat. 1225, ch. 936, § 2; May 21, 1994, D.C. Law 10-119, § 12(b), 41 DCR 1639; Apr. 24, 2007, D.C. Law 16-306, § 214(b), 53 DCR 8610.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 22-2706.
1973 Ed., § 22-2706.
Effect of Amendments
D.C. Law 16-306 rewrote the section, which had previously read as follows:
"Any person who, within the District of Columbia, by threats or duress, detains any individual against such individual's will, for the purpose of prostitution or sexual intercourse, or any person who shall compel any individual against such individual's will, to reside with him or her or with any other person for the purposes of prostitution or sexual intercourse, shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not more than 5 years and a fine of not more than $1,000."
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 214(b) of Omnibus Public Safety Emergency Amendment Act of 2006 (D.C. Act 16-445, July 19, 2006, 53 DCR 6443).
For temporary (90 day) amendment of section, see § 214(b) of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-490, October 18, 2006, 53 DCR 8686).
For temporary (90 day) amendment of section, see § 214(b) of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-10, January 16, 2007, 54 DCR 1479).
For temporary (90 day) amendment of section, see § 214(b) of Omnibus Public Safety Second Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-25, April 19, 2007, 54 DCR 4036).
Legislative History of Laws
For legislative history of D.C. Law 10-119, see Historical and Statutory Notes following § 22-2704.
For Law 16-306, see notes following § 22-404.
(a) It is unlawful for any person, within the District of Columbia, to receive any money or other valuable thing for or on account of arranging for or causing any individual to engage in prostitution or a sexual act or contact.
(b)(1) Except as provided in paragraph (2) of this subsection, a person who violates subsection (a) of this section shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not more than 5 years or by a fine of not more than $5,000, or both.
(2) A person who violates subsection (a) of this section when the individual so arranged for or caused to engage in prostitution or a sexual act or contact is under the age of 18 years shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not more than 20 years or by a fine of not more than $20,000, or both.
(June 25, 1910, 36 Stat. 833, ch. 404, § 3; Jan. 3, 1941, 54 Stat. 1226, ch. 936, § 3; May 21, 1994, D.C. Law 10-119, § 12(c), 41 DCR 1639; Apr. 24, 2007, D.C. Law 16-306, § 214(c), 53 DCR 8610.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 22-2707.
1973 Ed., § 22-2707.
Effect of Amendments
D.C. Law 16-306 rewrote the section, which had previously read as follows:
"Any person who, within the District of Columbia, shall receive any money or other valuable thing for or on account of arranging for or causing any individual to have sexual intercourse with any other person or to engage in prostitution, debauchery, or any other immoral act, shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not more than 5 years and a fine of not more than $1,000."
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 214(c) of Omnibus Public Safety Emergency Amendment Act of 2006 (D.C. Act 16-445, July 19, 2006, 53 DCR 6443).
For temporary (90 day) amendment of section, see § 214(c) of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-490, October 18, 2006, 53 DCR 8686).
For temporary (90 day) amendment of section, see § 214(c) of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-10, January 16, 2007, 54 DCR 1479).
For temporary (90 day) amendment of section, see § 214(c) of Omnibus Public Safety Second Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-25, April 19, 2007, 54 DCR 4036).
Legislative History of Laws
For legislative history of D.C. Law 10-119, see Historical and Statutory Notes following § 22-2704.
For Law 16-306, see notes following § 22-404.
Any person who by force, fraud, intimidation, or threats, places or leaves, or procures any other person or persons to place or leave, a spouse or domestic partner in a house of prostitution, or to lead a life of prostitution, shall be guilty of a felony, and upon conviction thereof shall be imprisoned not less than one year nor more than 10 years.
(June 25, 1910, 36 Stat. 833, ch. 404, § 4; May 21, 1994, D.C. Law 10-119, § 12(d), 41 DCR 1639; June 3, 1997, D.C. Law 11-275, § 6, 44 DCR 1408; Apr. 24, 2007, D.C. Law 16-306, § 214(d), 53 DCR 8610.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 22-2708.
1973 Ed., § 22-2708.
Effect of Amendments
D.C. Law 16-306 substituted "spouse or domestic partner" for "spouse".
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 214(d) of Omnibus Public Safety Emergency Amendment Act of 2006 (D.C. Act 16-445, July 19, 2006, 53 DCR 6443).
For temporary (90 day) amendment of section, see § 214(d) of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-490, October 18, 2006, 53 DCR 8686).
For temporary (90 day) amendment of section, see § 214(d) of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-10, January 16, 2007, 54 DCR 1479).
For temporary (90 day) amendment of section, see § 214(d) of Omnibus Public Safety Second Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-25, April 19, 2007, 54 DCR 4036).
Legislative History of Laws
For legislative history of D.C. Law 10-119, see Historical and Statutory Notes following § 22-2704.
Law 11-275, the "Second Criminal Code Technical Amendments Act of 1996," was introduced in Council and assigned Bill No. 11-909, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 7, 1996, and December 3, 1996, respectively. Signed by the Mayor on December 24, 1996, it was assigned Act No. 11-520 and transmitted to both Houses of Congress for its review. D.C. Law 11-275 became effective on June 3, 1997.
For Law 16-306, see notes following § 22-404.
Any person or persons who attempt to detain any individual in a disorderly house or house of prostitution because of any debt or debts such individual has contracted, or is said to have contracted, while living in said house of prostitution or disorderly house shall be guilty of a felony, and on conviction thereof be imprisoned for a term not less than one year nor more than 5 years.
(June 25, 1910, 36 Stat. 833, ch. 404, § 5; May 21, 1994, D.C. Law 10-119, § 12(e), 41 DCR 1639; June 3, 1997, D.C. Law 11-275, § 6, 44 DCR 1408.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 22-2709.
1973 Ed., § 22-2709.
Legislative History of Laws
For legislative history of D.C. Law 10-119, see Historical and Statutory Notes following § 22-2704.
For legislative history of D.C. Law 11-275, see Historical and Statutory Notes following § 22-2708.
Any person who, within the District of Columbia, shall pay or receive any money or other valuable thing for or on account of the procuring for, or placing in, a house of prostitution, for purposes of sexual intercourse, prostitution, debauchery, or other immoral act, any individual, shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not more than 5 years and by a fine of not more than $1,000.
(June 25, 1910, 36 Stat. 833, ch. 404, § 6; as added Jan. 3, 1941, 54 Stat. 1226, ch. 936, § 4; May 21, 1994, D.C. Law 10-119, § 13(a), 41 DCR 1639.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 22-2710.
1973 Ed., § 22-2710.
Legislative History of Laws
For legislative history of D.C. Law 10-119, see Historical and Statutory Notes following § 22-2704.
Any person who, within the District of Columbia, shall receive any money or other valuable thing for or on account of procuring and placing in the charge or custody of another person for sexual intercourse, prostitution, debauchery, or other immoral purposes any individual shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not more than 5 years and by a fine of not more than $1,000.
(June 25, 1910, 36 Stat. 833, ch. 404, § 7; as added Jan. 3, 1941, 54 Stat. 1226, ch. 936, § 4; May 21, 1994, D.C. Law 10-119, § 13(b), 41 DCR 1639.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 22-2711.
1973 Ed., § 22-2711.
Legislative History of Laws
For legislative history of D.C. Law 10-119, see Historical and Statutory Notes following § 22-2704.
Any person who, within the District of Columbia, knowingly, shall accept, receive, levy, or appropriate any money or other valuable thing, without consideration other than the furnishing of a place for prostitution or the servicing of a place for prostitution, from the proceeds or earnings of any individual engaged in prostitution shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not more than 5 years and by a fine of not more than $1,000.
(June 25, 1910, 36 Stat. 833, ch. 404, § 8; as added Jan. 3, 1941, 54 Stat. 1226, ch. 936, § 4; May 21, 1994, D.C. Law 10-119, § 12(f), 41 DCR 1639.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 22-2712.
1973 Ed., § 22-2712.
Legislative History of Laws
For legislative history of D.C. Law 10-119, see Historical and Statutory Notes following § 22-2704.
(a) Whoever shall erect, establish, continue, maintain, use, own, occupy, or release any building, erection, or place used for the purpose of lewdness, assignation, or prostitution in the District of Columbia is guilty of a nuisance, and the building, erection, or place, or the ground itself in or upon which such lewdness, assignation, or prostitution is conducted, permitted, or carried on, continued, or exists, and the furniture, fixtures, musical instruments, and contents are also declared a nuisance, and shall be enjoined and abated as hereinafter provided.
(b) Whoever shall erect, establish, continue, maintain, use, own, occupy, or release any building, erection, or place which is resorted to by persons using controlled substances in violation of Chapter 9 of Title 48, for the purpose of using any of these substances or for the purpose of keeping or selling any of these substances in violation of Chapter 9 of Title 48, is guilty of a nuisance, and the building, erection, or place, or the ground itself in or upon which such activity is conducted, permitted, or carried on, continued, or exists, and the furniture, fixtures, and contents thereof, are also declared a nuisance and disorderly house, and shall be enjoined and abated as hereinafter provided.
(Feb. 7, 1914, 38 Stat. 280, ch. 16, § 1; June 19, 1998, D.C. Law 12-127, § 2(a), 45 DCR 1304.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 22-2713.
1973 Ed., § 22-2713.
Legislative History of Laws
Law 12-127, the "Drug House Abatement Amendment Act of 1998," was introduced in Council and assigned Bill No. 12-141, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on December 4, 1997, and January 6, 1998, respectively. Signed by the Mayor on January 26, 1998, it was assigned Act No. 12-261 and transmitted to both Houses of Congress for its review. D.C. Law 12-127 became effective on June 19, 1998.
Whenever a nuisance is kept, maintained, or exists, as defined in § 22-2713, the United States Attorney for the District of Columbia, the Attorney General of the United States, the Corporation Counsel of the District of Columbia, or any citizen of the District of Columbia, may maintain an action in equity in the name of the United States of America or in the name of the District of Columbia, upon the relation of such United States Attorney for the District of Columbia, the Attorney General of the United States, the Corporation Counsel of the District of Columbia, or citizen, to perpetually enjoin said nuisance, the person or persons conducting or maintaining the same, and the owner or agent of the building or ground upon which said nuisance exists. In such action the court, or a judge in vacation, shall, upon the presentation of a petition therefor alleging that the nuisance complained of exists, allow a temporary writ of injunction, without bond, if it shall be made to appear to the satisfaction of the court or judge by evidence in the form of affidavits, depositions, oral testimony, or otherwise, as the complainant may elect, unless the court or judge by previous order shall have directed the form and manner in which it shall be presented. Three days notice, in writing, shall be given the defendant of the hearing of the application, and if then continued at his instance the writ as prayed shall be granted as a matter of course. When an injunction has been granted it shall be binding on the defendant throughout the District of Columbia and any violation of the provisions of injunction herein provided shall be a contempt as hereinafter provided.
(Feb. 7, 1914, 38 Stat. 280, ch. 16, § 2; June 19, 1998, D.C. Law 12-127, § 2(b), 45 DCR 1304.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 22-2714.
1973 Ed., § 22-2714.
Legislative History of Laws
Law 12-127, the "Drug House Abatement Amendment Act of 1998," was introduced in Council and assigned Bill No. 12-141, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on December 4, 1997, and January 6, 1998, respectively. Signed by the Mayor on January 26, 1998, it was assigned Act No. 12-261 and transmitted to both Houses of Congress for its review. D.C. Law 12-127 became effective on June 19, 1998.
The action when brought shall be triable at the first term of court, after due and timely service of the notice has been given, and in such action evidence of the general reputation of the place shall be admissible for the purpose of proving the existence of said nuisance. If the complaint is filed by a citizen, it shall not be dismissed, except upon a sworn statement made by the complainant and the complainant's attorney, setting forth the reasons why the action should be dismissed, and the dismissal approved by the United States Attorney for the District of Columbia or the Attorney General of the United States of America in writing or in open court. If the court is of the opinion that the action ought not to be dismissed, it may direct the United States Attorney for the District of Columbia to prosecute said action to judgment; and if the action is continued more than 1 term of court, any citizen of the District of Columbia, or the United States Attorney for the District of Columbia, may be substituted for the complaining party and prosecute said action to judgment. If the action is brought by a citizen, and the court finds there was no reasonable ground or cause for said action, the costs may be taxed to such citizen.
(Feb. 7, 1914, 38 Stat. 281, ch. 16, § 3; June 25, 1948, 62 Stat. 909, ch. 646, § 1; May 21, 1994, D.C. Law 10-119, § 14(a), 41 DCR 1639.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 22-2715.
1973 Ed., § 22-2715.
Legislative History of Laws
For legislative history of D.C. Law 10-119, see Historical and Statutory Notes following § 22-2704.
In case of the violation of any injunction granted under the provisions of § 22-2714, the court, or, in vacation, a judge thereof, may summarily try and punish the offender. The proceedings shall be commenced by filing with the clerk of the court an information, under oath, setting out the alleged facts constituting such violation, upon which the court or judge shall cause a warrant to issue, under which the defendant shall be arrested. The trial may be had upon affidavits, or either party may at any stage of the proceedings demand the production and oral examination of the witnesses. A party found guilty of contempt, under the provisions of this section, shall be punished by a fine of not less than $200 nor more than $1,000 or by imprisonment in the District Jail not less than three nor more than 6 months or by both fine and imprisonment.
(Feb. 7, 1914, 38 Stat. 281, ch. 16, § 4.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 22-2716.
1973 Ed., § 22-2716.
If the existence of the nuisance be established in an action as provided in §§ 22-2713 to 22-2720, or in a criminal proceeding, an order of abatement shall be entered as a part of the judgment in the case which order shall direct the removal from the building or place of all fixtures, furniture, musical instruments, or movable property used in conducting the nuisance, and shall direct the sale thereof in the manner provided for the sale of chattels under execution, and the effectual closing of the building or place against its use for any purpose, and so keeping it closed for a period of 1 year, unless sooner released. If any person shall break and enter or use a building, erection, or place so directed to be closed such person shall be punished as for contempt, as provided in § 22-2716.
(Feb. 7, 1914, 38 Stat. 281, ch. 16, § 5; Oct. 15, 1970, 84 Stat. 931, Pub. L. 91-452, title II, § 257; May 21, 1994, D.C. Law 10-119, § 14(b), 41 DCR 1639.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 22-2717.
1973 Ed., § 22-2717.
Legislative History of Laws
For legislative history of D.C. Law 10-119, see Historical and Statutory Notes following § 22-2704.
The proceeds of the sale of the personal property as provided in § 22-2717, shall be applied in the payment of the costs of the action and abatement and the balance, if any, shall be paid to the defendant.
(Feb. 7, 1914, 38 Stat. 281, ch. 16, § 6.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 22-2718.
1973 Ed., § 22-2718.
If the owner appears and pays all costs of the proceeding and files a bond, with sureties to be approved by the clerk, in the full value of the property, to be ascertained by the court or, in vacation, by the Collector of Taxes of the District of Columbia, conditioned that such owner will immediately abate said nuisance and prevent the same from being established or kept within a period of 1 year thereafter, the court, or, in vacation, the judge, may, if satisfied of such owner's good faith, order the premises closed under the order of abatement to be delivered to said owner and said order of abatement canceled so far as the same may relate to said property; and if the proceeding be an action in equity and said bond be given and costs therein paid before judgment and order of abatement, the action shall be thereby abated as to said building only. The release of the property under the provisions of this section shall not release it from judgment, lien, penalty, or liability to which it may be subject by law.
(Feb. 7, 1914, 38 Stat. 281, ch. 16, § 7; May 21, 1994, D.C. Law 10-119, § 14(c), 41 DCR 1639.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 22-2719.
1973 Ed., § 22-2719.
Legislative History of Laws
For legislative history of D.C. Law 10-119, see Historical and Statutory Notes following § 22-2704.
Whenever a permanent injunction issues against any person for maintaining a nuisance as herein defined, or against any owner or agent of the building kept or used for the purpose prohibited by §§ 22-2713 to 22-2720, there shall be assessed against said building and the ground upon which the same is located and against the person or persons maintaining said nuisance, and the owner or agent of said premises, a tax of $300. The assessment of said tax shall be made by the Director of the Department of Finance and Revenue of the District of Columbia and shall be made within 3 months from the date of the granting of the permanent injunction. In case the Director fails or neglects to make said assessment the same shall be made by the Chief of Police, and a return of said assessment shall be made to the Collector of Taxes. Said tax shall be a perpetual lien upon all property, both personal and real used for the purpose of maintaining said nuisance, and the payment of said tax shall not relieve the person or building from any other penalties provided by law. The provisions of the law relating to the collection and distribution of taxes upon personal and real property shall govern in the collection and distribution of the tax herein prescribed in so far as the same are applicable and not in conflict with the provisions of said sections.
(Feb. 7, 1914, 38 Stat. 282, ch. 16, § 8; Oct. 15, 1970, 84 Stat. 931, Pub. L. 91-452, title II, § 258.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 22-2720.
1973 Ed., § 22-2720.
References in Text
Pursuant to the Office of the Chief Financial Officer's "Notice of Public Interest" published in the April 18, 1997, issue of the District of Columbia Register (44 DCR 2345) the Office of Tax and Revenue assumed all of the duties and functions previously performed by the Department of Finance and Revenue, as set forth in Commissioner's Order 69-96, dated March 7, 1969. This action was made effective January 22, 1997, nunc pro tunc.
(Oct. 15, 1970, 84 Stat. 931, Pub. L. 91-452, title II, § 256.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 22-2721.
Whoever is convicted of keeping a bawdy or disorderly house in the District shall be fined not more than $5,000 or imprisoned not more than 5 years, or both.
(July 16, 1912, 37 Stat. 192, ch. 235, § 1; Dec. 23, 1963, 77 Stat. 617, Pub. L. 88-241, § 11(a); Aug. 20, 1994, D.C. Law 10-151, § 107, 41 DCR 2608; Apr. 24, 2007, D.C. Law 16-306, § 215, 53 DCR 8610.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 22-2722.
1973 Ed., § 22-2722.
Effect of Amendments
D.C. Law 16-306 substituted "$5,000 or imprisoned not more than 5 years, or both" for "$1,000 or imprisoned not more than 180 days, or both".
Emergency Act Amendments
For temporary amendment of section, see § 107 of the Omnibus Criminal Justice Reform Emergency Amendment Act of 1994 (D.C. Act 10-255, June 22, 1994, 41 DCR 4286).
For temporary (90 day) amendment of section, see § 215 of Omnibus Public Safety Emergency Amendment Act of 2006 (D.C. Act 16-445, July 19, 2006, 53 DCR 6443).
For temporary (90 day) amendment of section, see § 215 of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-490, October 18, 2006, 53 DCR 8686).
For temporary (90 day) amendment of section, see § 215 of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-10, January 16, 2007, 54 DCR 1479).
For temporary (90 day) amendment of section, see § 215 of Omnibus Public Safety Second Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-25, April 19, 2007, 54 DCR 4036).
Legislative History of Laws
Law 10-151, the "Omnibus Criminal Justice Reform Amendment Act of 1994," was introduced in Council and assigned Bill No. 10-98, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on March 29, 1994, and April 12, 1994, respectively. Signed by the Mayor on May 4, 1994, it was assigned Act No. 10-238 and transmitted to both Houses of Congress for its review. D.C. Law 10-151 became effective on August 20, 1994.
For Law 16-306, see notes following § 22-404.
(a) The following are subject to forfeiture:
(1) All conveyances, including aircraft, vehicles or vessels, which are used, or intended for use, to transport, or in any manner to facilitate a violation of a prostitution-related offense, provided that:
(A) No conveyance used by any person as a common carrier in the course of transacting business as a common carrier is subject to forfeiture under this section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of a prostitution-related offense;
(B) No conveyance is subject to forfeiture under this section by reason of any act or omission that the owner establishes was committed or omitted without the owner's knowledge or consent;
(C) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if the secured party neither had knowledge of nor consented to the act or omission; or
(D) Where the conveyance is not being driven by the owner of the conveyance, there is a presumption that the owner is without knowledge of the illegal act, and therefore the conveyance should not be forfeited.
(2) All money, coins, and currency which has been used, or was intended for use, in violation of a prostitution-related offense.
(a-1)(1) A lien in favor of the District of Columbia is hereby created in an amount equal to the costs of towing, storing, and administrative processing of a conveyance seized and subject to forfeiture pursuant to §§ 22-2701, 22- 2703, and this section.
(2) The Mayor, or his or her designee, shall establish a reasonable cost for the towing, storing, and administrative processing of seized conveyances.
(3) The Corporation Counsel of the District of Columbia, or his or her designee, may agree to release a lien by stipulation with the registered owner or lienholder of a seized conveyance.
(b) All seizures and forfeitures of property under this section shall be pursuant to § 48-905.02, except that seized money, coins, and currency shall be deposited as provided in subchapter IIA of Chapter 5 of Title 23 of the District of Columbia Official Code.
(Aug. 15, 1935, 49 Stat. 651, ch. 546, § 5, as added May 7, 1993, D.C. Law 9-267, § 2, 39 DCR 5684; May 24, 1996, D.C. Law 11-130, § 3(c), 43 DCR 1570; October 4, 2000, D.C. Law 13-160, § 403(a), 47 DCR 4619; Apr. 24, 2007, D.C. Law 16-306, § 211(b), 53 DCR 8610.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 22-2723.
Effect of Amendments
D.C. Law 13-160 rewrote subsec. (b), which had read:
"All seizures and forfeitures of property under this section shall be pursuant to § 33-552 [1981 Ed.]."
D.C. Law 16-306, in pars. (1) and (2) of subsec. (a), substituted "a violation of a prostitution-related offense" for "a violation of this act".
Emergency Act Amendments
For temporary amendment of section, see § 3 of the Safe Streets Anti-Prostitution Emergency Amendment Act of 1995 (D.C. Act 11-133, August 11, 1995, 42 DCR 4680) and see § 3 of the Safe Streets Anti-Prostitution Legislative Review Emergency Amendment Act of 1995 (D.C. Act 11-153, November 9, 1995, 42 DCR 6567).
For temporary (90 day) amendment of section, see § 211(b) of Omnibus Public Safety Emergency Amendment Act of 2006 (D.C. Act 16-445, July 19, 2006, 53 DCR 6443).
For temporary (90 day) amendment of section, see § 211(b) of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-490, October 18, 2006, 53 DCR 8686).
For temporary (90 day) amendment of section, see § 211(b) of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-10, January 16, 2007, 54 DCR 1479).
For temporary (90 day) amendment of section, see § 211(b) of Omnibus Public Safety Second Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-25, April 19, 2007, 54 DCR 4036).
Legislative History of Laws
Law 9-267, the "Safe Streets Forfeiture Amendment Act of 1992," was introduced in Council and assigned Bill No. 9-260, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on June 2, 1992, and July 7, 1992, respectively. Signed by the Mayor on July 21, 1992, it was assigned Act. No. 9-250 and transmitted to both Houses of Congress for its review. D.C. Law 9-267 became effective on May 7, 1993.
For legislative history of D.C. Law 11-77, see Historical and Statutory Notes following § 22-2701.
For legislative history of D.C. Law 11-130, see Historical and Statutory Notes following § 22-2701.
Law 13-160, the "Omnibus Police Reform Amendment Act of 2000," was introduced in Council and assigned Bill No. 13-118, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on February 1, 2000, and April 3, 2000, respectively. Signed by the Mayor on April 24, 2000, it was assigned Act No. 13-334 and transmitted to both Houses of Congress for its review. D.C. Law 13-160 became effective on October 4, 2000.
For Law 16-306, see notes following § 22-404.
(a) Any vehicle used in furtherance of a violation of a prostitution-related offense shall be subject to impoundment pursuant to this section.
(b) Whenever a police officer has probable cause to believe that a vehicle is being used in furtherance of a violation of a prostitution-related offense, and an arrest is made for that violation, the police officer, other member of the Metropolitan Police Department, or duly authorized agent thereof shall:
(1) Arrange for the towing of the vehicle by the Department of Public Works, or other designee of the Mayor, to a facility controlled by the District of Columbia or its agents, as designated by the Mayor, or, if towing services are not immediately available, arrange for the immobilization of the vehicle until such time as towing services become available; and
(2) Provide written notice to the owner of record of the vehicle and to the person who is found to be in control of the vehicle at the time of the seizure conveying the fact of seizure and impoundment of the vehicle, as well as the right to obtain immediate return of the vehicle pursuant to subsection (d) of this section, in lieu of requesting a hearing.
(c) The notices to be given pursuant to this section shall be provided by hand delivery at the time of the seizure and impoundment of the vehicle to the person in control of the vehicle or to the owner of record of the vehicle. If the owner of record of the vehicle is not available to receive such notice at the time of the seizure, the notice shall be mailed by first class mail, no later than 5 days after the vehicle is received at an impoundment or storage facility, to the last known address of the owner or owners of record of the vehicle, as that information is indicated in the records of the Department of Motor Vehicles or in the records of the appropriate agency of the jurisdiction where the vehicle is registered.
(d) An owner, or a person duly authorized by an owner, shall, upon proof of same, be permitted to repossess or secure the release of the immobilized or impounded vehicle at any time (subject to administrative availability) by paying to the District government, as directed by the Department of Public Works, an administrative civil penalty of $150, a booting fee, if applicable, all outstanding fines and penalties for infractions for which liability has been admitted, deemed admitted, or sustained after hearing, and all applicable towing and storage costs for impounded vehicles as provided by § 50- 2421.09(a)(6). Payment of such fees shall not be admissible as evidence of guilt in any criminal proceeding.
(e) An owner, or person duly authorized by an owner, shall be entitled to refund of the administrative civil penalty, booting fee, and 2 days' towing and storage costs by showing that the prosecutor dropped the underlying criminal charges (except for instances of nolle prosequi or because the defendant completed a diversion program), that the Superior Court of the District of Columbia dismissed the case after consideration of the merits, or that the case resulted in a finding of not guilty on all prostitution-related charges, or by providing a police report demonstrating that the vehicle was stolen at the time that it was subject to seizure and impoundment. If the vehicle had been stolen at the time of seizure and impoundment, a refund of all towing and storage costs shall be made.
(f) An owner, or person duly authorized by an owner, shall be entitled to a due process hearing regarding the seizure of the vehicle.
(g) Vehicles seized and impounded under this section shall not be subject to replevin, but shall be deemed to be in the custody of the Mayor.
(h) Vehicles that remain unclaimed for 30 days may be disposed of pursuant to §§ 50-2421.07(c), (d), (e), and (f), 50-2421.08, 50-2421.09, and 50-2421.10; provided, that if the owner wants to claim the vehicle before it is auctioned, the owner must pay the administrative civil penalty imposed by subsection (d) of this section in addition to the amounts required in § 50-2421.09.
(i) The Attorney General for the District of Columbia, or his or her assistants, shall represent the District of Columbia in all proceedings under this section.
(j) The Mayor shall issue rules setting forth the process by which a refund shall be obtained timely pursuant to subsection (e) of this section. Until such rules are published in the District of Columbia Register, this section shall not be enforceable.
(Aug. 15, 1935, 49 Stat. 651, ch. 546, § 6, as added Apr. 24, 2007, D.C. Law 16-306, § 211(c), 53 DCR 8610; Nov. 6, 2010, D.C. Law 18-259, § 4(1), 57 DCR 5591.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 18-259, in subsec. (c), rewrote the second sentence which had read as follows: "If the owner of record of the vehicle is not available to receive such notice at the time of seizure, then the notice shall be sent to each owner of record via registered mail, return receipt requested, to the address listed in the records of the Department of Motor Vehicles within 3 days of the time of the impoundment, excluding Saturdays, Sundays, and legal holidays."; and, in subsec. (d), substituted "a booting fee, if applicable, all outstanding fines and penalties for infractions for which liability has been admitted, deemed admitted, or sustained after hearing," for "a booting fee, if applicable,".
Emergency Act Amendments
For temporary (90 day) addition, see § 211(c) of Omnibus Public Safety Emergency Amendment Act of 2006 (D.C. Act 16-445, July 19, 2006, 53 DCR 6443).
For temporary (90 day) addition, see § 211(c) of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-490, October 18, 2006, 53 DCR 8686).
For temporary (90 day) addition, see § 211(c) of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-10, January 16, 2007, 54 DCR 1479).
For temporary (90 day) addition, see § 211(c) of Omnibus Public Safety Second Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-25, April 19, 2007, 54 DCR 4036).
Legislative History of Laws
For Law 16-306, see notes following § 22-404.
Law 18-259 , the "Community Impact Statement Amendment Act of 2010", was introduced in Council and assigned Bill No. 18-549, which was referred to the Committee on Public Safety and the Judiciary. The Bill was adopted on first and second readings on May 4, 2010, and June 1, 2010, respectively. Signed by the Mayor on June 28, 2010, it was assigned Act No. 18-446 and transmitted to both Houses of Congress for its review. D.C. Law 18-259 became effective on November 6, 2010.
Delegation of Authority
Delegation of Authority pursuant to Section 6(f) of an Act for the Suppression of Prostitution in the District of Columbia, see Mayor's Order 2009-25, March 5, 2009 (56 DCR 6760).
(a) There is established as a nonlapsing fund the Anti-Prostitution Vehicle Impoundment Proceeds Fund ("Fund"), which shall be used for the purpose set forth in subsection (b) of this section. All funds collected from the assessment of civil penalties, booting, towing, impoundment, and storage fees pursuant to § 22-2723, and any and all interest earned on those funds, shall be deposited into the Fund, and shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time, but shall be continually available for the uses and purposes set forth in subsection (b) of this section with regard to fiscal year limitation, subject to authorization by Congress.
(b) The Fund shall be used solely to fund expenses directly related to the booting, towing, and impoundment of vehicles used in furtherance of prostitution-related activities, in violation of a prostitution-related offense.
(c) The Mayor shall submit to the Council, as part of the annual budget, a requested appropriation for expenditures from the Fund.
(Aug. 15, 1935, 49 Stat. 651, ch. 546, § 7, as added Apr. 24, 2007, D.C. Law 16-306, § 211(c), 53 DCR 8610; Nov. 6, 2010, D.C. Law 18-259, § 4(2), 57 DCR 5591.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 18-259 rewrote subsec. (a), which had read as follows:
"(a) There is established a fund designated as the Anti-Prostitution Vehicle Impoundment Proceeds Fund ('Fund'), which shall be used for the purpose set forth in subsection (b) of this section. All funds collected from the assessment of civil penalties, booting, towing, impoundment, and storage fees pursuant to § 22-2723, and any and all interest earned on those funds, shall be deposited into the Fund, and shall be continually available for the uses and purposes set forth in subsection (b) of this section, subject to authorization by Congress, except that any unused funds remaining in the Fund on September 30th of each fiscal year shall revert to the General Fund of the District of Columbia."
Emergency Act Amendments
For temporary (90 day) addition, see § 211(c) of Omnibus Public Safety Emergency Amendment Act of 2006 (D.C. Act 16-445, July 19, 2006, 53 DCR 6443).
For temporary (90 day) addition, see § 211(c) of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-490, October 18, 2006, 53 DCR 8686).
For temporary (90 day) addition, see § 211(c) of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-10, January 16, 2007, 54 DCR 1479).
For temporary (90 day) addition, see § 211(c) of Omnibus Public Safety Second Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-25, April 19, 2007, 54 DCR 4036).
Legislative History of Laws
For Law 16-306, see notes following § 22-404.
For history of Law 18-259, see notes under § 22-2724.
