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Current through October 23, 2012
(a) It shall be unlawful for any person to burn, desecrate, mar, deface, or damage a religious or secular symbol on any private premises or property in the District of Columbia primarily used for religious, educational, residential, memorial, charitable, or cemetery purposes, or for assembly by persons of a particular race, color, creed, religion, or any other category listed in § 2-1401.01, or on any public property in the District of Columbia; or to place or to display in any of these locations a sign, mark, symbol, emblem, or other physical impression including, but not limited to, a Nazi swastika, a noose, or any manner of exhibit which includes a burning cross, real or simulated, where it is probable that a reasonable person would perceive that the intent is:
(1) To deprive any person or class of persons of equal protection of the law or of equal privileges and immunities under the law, or for the purpose of preventing or hindering the constituted authorities of the United States or the District of Columbia from giving or securing to all persons within the District of Columbia equal protection of the law;
(2) To injure, intimidate, or interfere with any person because of his or her exercise of any right secured by federal or District of Columbia laws, or to intimidate any person or any class of persons from exercising any right secured by federal or District of Columbia laws;
(3) To threaten another person whereby the threat is a serious expression of an intent to inflict harm; or
(4) To cause another person to fear for his or her personal safety, or where it is probable that reasonable persons will be put in fear for their personal safety by the defendant's actions, with reckless disregard for that probability.
(b) Repealed.
(c) Nothing in this section shall be deemed to amend or repeal any provision of the District of Columbia Fire Prevention Code (7 DCRR).
(Mar. 10, 1983, D.C. Law 4-203, § 3, 30 DCR 180; May 15, 2009, D.C. Law 17-390, § 2, 55 DCR 11030.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 22-3112.2.
Effect of Amendments
D.C. Law 17-390 rewrote the lead-in language and par. (3) of subsec. (a) and repealed subsec. (b), which had read as follows:
"(a) It shall be unlawful for any person to burn, desecrate, mar, deface, or damage a cross or other religious symbol on any private premises or property in the District of Columbia primarily used for religious, educational, residential, memorial, charitable, or cemetery purposes, or for assembly by persons of a particular race, color, creed, or religion, or on any public property in the District of Columbia; or to place or to display in any of these locations a sign, mark, symbol, emblem, or other physical impression including, but not limited to, a Nazi swastika or any manner of exhibit which includes a burning cross, real or simulated, with the intent:".
"(3) To intimidate, threaten, abuse, or harass any other person; or"
"(b) The provisions of subsection (a) of this section shall not apply to acts committed on the private property of another person, if prior to those acts:
"(1) Written permission was received from the owner and occupant of the property; and
"(2) The written permission was filed with the Chief of the Metropolitan Police Department."
Legislative History of Laws
For legislative history of D.C. Law 4-203, see Historical and Statutory Notes following § 22-3312.01.
Law 17-390, the "Title 22 Amendment Act of 2008", was introduced in Council and assigned Bill No. 17-627 which was referred to the Committee on Public Safety and the Judiciary. The Bill was adopted on first and second readings on July 15, 2008, and September 16, 2008, respectively. Signed by the Mayor on October 1, 2009, it was assigned Act No. 17-524 and transmitted to both Houses of Congress for its review. D.C. Law 17-390 became effective on May 15, 2009.
