D.C.
Code § 22-501.
Legislative Intent. (2009)
(a)
The
Council finds that stalking is a serious problem in this city and nationwide.
Stalking involves severe intrusions on the victim's personal privacy and
autonomy. It is a crime that can have a long-lasting impact on the victim's
quality of life, and creates risks to the security and safety of the victim and
others, even in the absence of express threats of physical harm. Stalking
conduct often becomes increasingly violent over time. The Council recognizes the
dangerous nature of stalking as well as the strong connections between stalking
and domestic violence and between stalking and sexual assault. Therefore, the
Council enacts this law to encourage effective intervention by the criminal
justice system before stalking escalates into behavior that has even more
serious or lethal consequences.
(b)
The
Council enacts this stalking statute to permit the criminal justice system to
hold stalkers accountable for a wide range of acts, communications, and conduct.
The Council recognizes that stalking includes, but is not limited to, a pattern
of following or monitoring the victim, or committing violent or intimidating
acts against the victim, regardless of the means.
D.C.
Code § 22-502.
Definitions. (2009)
For
the purposes of this title, the term:
(1)
"Any
device" means electronic, mechanical, digital or any other equipment, including: a camera, spycam, computer,
spyware, microphone, audio or video recorder, global positioning system,
electronic monitoring system, listening device, night-vision goggles,
binoculars, telescope, or spyglass.
(2)
"Any means" includes the use of a
telephone, mail, delivery service, e-mail, website, or other method of
communication or any device.
(3)
"Communicating"
means using oral or written language, photographs, pictures, signs, symbols,
gestures, or other acts or objects that are intended to convey a
message.
(4)
"Emotional
distress" means significant mental suffering or distress that may, but does not
necessarily, require medical or other professional treatment or
counseling;
(5)
"Financial
injury" means the monetary costs, debts, or obligations incurred as a result of
the stalking by the specific individual, member of the specific individual's
household, a person whose safety is threatened by the stalking, or a person who
is financially responsible for the specific individual and
includes:
(A)
The
costs of replacing or repairing any property that was taken or
damaged;
(B)
The
costs of clearing the specific individual's name or his or her credit, criminal,
or any other official record;
(C)
Medical
bills;
(D)
Relocation
expenses;
(E)
Lost
employment or wages; and
(F)
Attorney's
fees.
(6)
"Specific individual" or "individual"
means the victim or alleged victim of stalking.
(7)
"To engage in a course of conduct" means
directly or indirectly, or through one or more third persons, in person or by
any means, on 2 or more occasions, to:
(A)
Follow,
monitor, place under surveillance, threaten, or communicate to or about another
individual;
(B)
Interfere
with, damage, take, or unlawfully enter an individual's real or personal
property or threaten or attempt to do so; or
(C)
Use
another individual's personal identifying information as defined in the District
of Columbia Theft and White Collar Crimes Act of 1982, effective March 27, 2004
(D.C. Law 15-106; D.C. Official Code § 22-3227.01(3)).
D.C.
Code § 22-503.
Stalking. (2009)
(a)
It is
unlawful for a person to purposefully engage in a course of conduct directed at
a specific individual:
(1)
With
the intent to cause that individual to:
(A)
Fear
for his or her safety or the safety of another person;
(B)
Feel
seriously alarmed, disturbed, or frightened; or
(C)
Suffer
emotional distress;
(2)
That
the person knows would cause that individual reasonably to:
(A)
Fear
for his or her safety or the safety of another person;
(B)
Feel
seriously alarmed, disturbed, or frightened; or
(C)
Suffer
emotional distress; or
(3)
That
the person should have known would cause a reasonable person in the individual's
circumstances to:
(A)
Fear
for his or her safety or the safety of another person;
(B)
Feel
seriously alarmed, disturbed, or frightened; or
(C)
Suffer
emotional distress.
(b)
This
section does not apply to constitutionally protected activity.
(c)
Where
a single act is of a continuing nature, each 24-hour period constitutes a
separate occasion.
(d)
The
conduct on each of the occasions need not be the same as it is on the
others.
D.C.
Code § 22-504.
Penalties. (2009)
(a)
Except
as provided in subsection (b) of this section, a person who violates section 503
shall be fined not more than $1,000, imprisoned for not more than 12 months, or
both.
(b)
A
person who violates section 503 shall be fined not more than $10,000, imprisoned
for not more than 5 years, or both, if the person:
(1)
At
the time, was subject to a court, parole, or supervised release order
prohibiting contact with the specific individual;
(2)
Has
one prior conviction in any jurisdiction of stalking any person within the
previous 10 years;
(3)
At
the time, was at least 4 years older than the specific individual and the
specific individual was less than 18 years of age; or
(4)
Caused
more than $ 2,500 in financial injury
(c)
A
person who violates section 503 and who has 2 or more prior convictions in any
jurisdiction for stalking any person, at least one of which was for a jury
demandable offense, shall be fined not more than $ 25,000, imprisoned for not
more than 10 years, or both.
(d)
A
person shall not be sentenced consecutively for stalking and identify theft
based on the same act or course of conduct.
D.C.
Code § 22-50.
Jurisdiction. (2009)
(a)
An
offense shall be deemed to be committed in the District of
Columbia if the conduct on at least one occasion was initiated in
the District of Columbia or had an effect on
the specific individual in the District of Columbia.
(b)
A
communication shall be deemed to be committed in the District of Columbia if it is made or received in the
District of Columbia or, if the specific
individual lives in the District of Columbia,
it can be electronically accessed in the District of Columbia.