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8811.13 Notices and appearances.

Unless otherwise directed by the Court or CSOSA,

(a) Notices or reports that are required to be submitted in writing should be sent to: Sex Offender Registration Unit, Court Services and Offender Supervision Agency, Room 2002, 300 Indiana Avenue, NW., Washington, DC 20001.

(b) A person who is required to report in person should go to: Sex Offender Supervision Office, Court Services and Offender Supervision Agency, Room 2002, 300 Indiana Avenue, NW., Washington, DC 20001.

(i) Manslaughter committed before, during, or after engaging in or attempting to engage in a sexual act or contact or rape;

(j) Attempting to commit any of the foregoing offenses;

(k) Conspiring to commit any of the foregoing offenses; or

(1) Assault with intent to commit any of the foregoing offenses.

2. Class A also includes offenders who:

(a) In two or more trials or plea proceedings, have been convicted or found not guilty by reason of insanity of a felony registration offense or any registration offense against a minor. (Recidivism).

(b) In a single trial or plea proceeding, have been convicted or found not guilty by reason of insanity of registration offenses against two or more victims where each offense is a felony or committed against a minor (Multiple victims).

(c) Have been determined to be sexual psychopaths.

3. Class A also includes offenders who have been convicted or found not guilty by reason of insanity under the law of another jurisdiction of offenses that involved conduct that is the same as or substantially similar to that above.

8811.14 Definitions. (a) The

terms "attends school," "Court," "in custody or under supervision," "sex offender,” and “works" shall have the same meaning as set forth in Section 2 of the Sex Offender Registration Act of 1999 (D.C. Official Code Section 22-4001).

(b) The term “the Act” means the Sex Offender Registration Act of 1999 (D.C. Official Code Section 22-4001 et seq.).

(c) The term "days” means business days unless otherwise specified.

(d) In relation to a motor vehicle, the term "owns" includes both exclusive ownership and co-ownership, and the term "owner" includes both exclusive owners and co-owners.

CLASS B OFFENDERS—"TEN YEAR"

REGISTRANTS

(Other Offenses Against Minors, Wards,

Patients, or Clients)

APPENDIX A TO PART 811-LISTING OF

SEX OFFENDER REGISTRATION OF-
FENSES BY CLASS

CLASS A OFFENDERS-ALL LIFETIME

REGISTRANTS

(D.C. Official Code Secs. 22-4001(6), 4002(b),

4011(6)(2)(A)) 1. Class A includes offenders who have been convicted or found not guilty by reason of insanity of:

(a) First degree sexual abuse;
(b) Second degree sexual abuse;
(c) Rape;
(d) Forcible sodomy;

(e) First degree child sexual abuse committed against a child under 12;

(f) Carnal knowledge (statutory rape) committed against a child under 12;

(g) Sodomy committed against a child under 12;

(h) Murder committed before, during, or after engaging in or attempting to engage in a sexual act or contact or rape;

(D.C. Official Code Secs. 22-4001(8), 4002(a),

4011(b)(2)(B)) 1. Class B includes offenders who are not included in Class A and have been convicted or found not guilty by reason of insanity of any of the following crimes against a minor (that is, a person under the age of 18):

(a) Third degree sexual abuse;
(b) Fourth degree sexual abuse;
(c) Misdemeanor sexual abuse;
(d) First degree child sexual abuse;
(e) Second degree child sexual abuse;
(f) Carnal knowledge (statutory rape);
(g) Sodomy committed against a minor;
(h) Indecent acts on a child;
(i) Enticing a child;
(j) Lewd, indecent or obscene acts;
(k) Sexual performance using a minor;
(1) Incest;
(m) Obscenity;
(n) Prostitution/Pandering;
(0) Assault (unwanted sexual touching);

(p) Threatening to commit a sexual offense;

(q) First or second degree burglary with intent to commit sex offense;

(r) Kidnapping (does not require a sexual purpose);

(s) Assault with intent to commit any of the foregoing offenses;

(t) Attempting to commit any of the foregoing offenses;

(u) Conspiring to commit any of the foregoing offenses; or

(V) Any offense against a minor for which the offender agreed in a plea agreement to be subject to sex offender registration requirements.

2. Class B also includes offenders who are not included in Class A and have been convicted or found not guilty by reason of insanity of any of the following crimes regardless of the age of the victim:

(a) First degree sexual abuse of a ward or resident of a hospital, treatment facility or other institution.

(b) Second degree sexual abuse of a ward or resident of a hospital, treatment facility or other institution.

(c) First degree sexual abuse of a patient or client.

(d) Second degree sexual abuse of a patient or client.

3. Class B also includes offenders who are not included in Class A and have been convicted or found not guilty by reason of insanity under the law of another jurisdiction of offenses that involved conduct that is the same as or substantially similar to that above.

EXCEPTIONS (D.C. OFFICIAL CODE SEC. 22

4016(B)) The following do not constitute registration offenses:

1. Any sexual offense between consenting adults or an attempt, conspiracy or solicitation to commit such an offense, except for offenses to which consent is not a defense as provided in Section 218 of the Anti-Sexual Abuse Act of 1994 (D.C. Official Code $22– 3017).

2. Any misdemeanor offense that involved a person's sexual touching or attempted or solicited sexual touching of an undercover law enforcement officer where the person believed that the officer was an adult.

3. Any misdemeanor offense committed against an adult, except where the offender agrees in a plea agreement to be subject to sex offender registration requirements.

PART 812-COLLECTION AND USE

OF DNA INFORMATION

CLASS C OFFENDERS“TEN YEAR”

REGISTRANTS

Sec. 812.1 Purpose. 812.2 Individuals subject to DNA collection. 812.3 Coordination with the Federal Bureau

of Prisons. 812.4 Collection procedures. APPENDIX A TO PART 812-QUALIFYING DIS

TRICT OF COLUMBIA CODE OFFENSES AUTHORITY: 5 U.S.C. 301; Pub. L. 106-546 (114 Stat. 2726).

SOURCE: 67 FR 54100, Aug. 21, 2002, unless otherwise noted.

(Other Offenses Against Adult Victims) (D.C. Official Code Secs. 22-4001(8), 4002(a),

4011(6)(2)(C)) 1. Class C includes offenders who are not included in Class A or Class B and have committed any of the following crimes against an adult (that is, a person 18 years of age or older); (a) Third degree sexual abuse; (b) Fourth degree sexual abuse; (c) First or second degree burglary with intent to commit sex offense;

(d) Kidnapping with intent to commit sex offense;

(e) Threatening to commit a sexual offense (felony);

(1) Assault with intent to commit any of the foregoing offenses;

(g) Attempting to commit any of the foregoing offenses;

(h) Conspiring to commit any of the foregoing offenses, or;

(i) Any offense for which the offender agreed in a plea agreement to be subject to sex offender registration requirements.

2. Class C also includes offenders who are not included in Class A or Class B and have been convicted or found not guilty by reason of insanity under the law of another jurisdiction of offenses that involved conduct that is the same as or substantially similar to that above.

8812.1 Purpose.

The Court Services and Offender Supervision Agency for the District of Columbia (“CSOSA”) cooperates with other federal agencies to ensure that DNA samples from offenders are appropriately furnished to the Federal Bureau of Investigation (“FBI”) for DNA analysis. The results of the DNA analyses are to be included in the Combined DNA Index System (“CODIS”).

$812.2 Individuals subject to DNA col

lection. CSOSA is responsible for collecting a DNA sample from each individual under its supervision who is, or has been, convicted of a qualifying District of Columbia Code offense. Qualifying District of Columbia Code offenses were designated by the Council of the District of Columbia in the “DNA Sample Collection Act of 2001.” CSOSA provides a listing of these offenses in the

Appendix to this part. The list is pre- (3) The individual has reported to sented for informational purposes only. CSOSA for collection of the sample, Any future revision to the District of but fails to provide the sample after Columbia Code sections designating being given a minimum of one hour to the qualifying offenses will be effective do so; or notwithstanding the timing of a con- (4) The individual specifically states forming revision of the Appendix by that he or she will not cooperate. CSOSA. CSOSA may choose not to col- (c) When an individual has refused to lect a sample from an individual if it

cooperate in the collection of the samdetermines that CODIS already con- ple, CSOSA deems the following to be tains a DNA analysis for the indi- reasonably necessary means for obtainvidual.

ing the sample:

(1) Impose administrative sanctions; 8812.3 Coordination with the Federal Bureau of Prisons.

(2) Request a revocation hearing by

the releasing authority; and/or (a) CSOSA will coordinate with the

(3) Refer the individual who refuses Federal eau of Prisons in order to

to cooperate for criminal prosecution obtain documentation regarding the

for a class A misdemeanor pursuant to collection of a DNA sample when the

section 4(a)(5) of the DNA Analysis Federal Bureau of Prisons releases an

Backlog Elimination Act of 2000 (42 inmate to CSOSA's supervision or as

U.S.C. 14135b(a)(5)). requested by CSOSA.

(b) CSOSA shall provide the Federal [67 FR 54100, Aug. 21, 2002, as amended at 68 Bureau of Prisons with documentation

FR 19742, Apr. 22, 2003] regarding the collection of a DNA sample from a District of Columbia Code

APPENDIX A TO PART 812–QUALIFYING offender when CSOSA returns the Dis

DISTRICT OF COLUMBIA CODE OFFENSES trict of Columbia Code offender to the

As enacted by the Council of the District custody of the Federal Bureau of Pris

of Columbia, the DNA Sample Collection Act ons or as requested by the Federal Bu- of 2001 identifies the criminal offenses listed reau of Prisons.

in Table 1 of this appendix as "qualifying

District of Columbia offenses” for the pur$812.4 Collection procedures.

poses of the DNA Analysis Backlog Elimi

nation Act of 2000 (Pub. L. 106-546, 114 Stat. (a) DNA samples will be collected,

2726). Table 2 of this Appendix lists these handled, preserved, and submitted to

same offenses in numerical order under the the FBI in accordance with FBI guide- D.C. Code, 1981 Edition. Table 3 of this Aplines.

pendix lists these same offenses in numerical (b) CSOSA has the authority to use order under the D.C. Official Code, 2001 Edisuch means as are reasonably nec- tion. The tables follow: essary to collect a sample from an indi

TABLE 1. OFFENSE LISTING vidual who refuses to cooperate in the collection of the sample. Unless CSOSA (1) Section 820 of An Act To establish a determines that there are mitigating

code of law for the District of Columbia circumstances, CSOSA will consider

(arson); that an individual is refusing to co

(2) Section 821 of An Act. To establish a

code of law for the District of Columbia operate if:

(burning of one's own property with intent to (1) The individual is being ordered or

defraud or injure another); transferred to CSOSA's supervision,

(3) Section 848 of An Act To establish a but fails to report to CSOSA for collec- code of law for the District of Columbia (mation of the sample within 15 business licious burning, destruction, or injury of andays of being sentenced to probation or other's property); being discharged from a correctional (4) Section 803 of An Act To establish a institution; or

code of law for the District of Columbia (as(2) The individual is already under

sault with intent to kill, rob, or poison, or to CSOSA supervision and has been noti

commit first degree sexual abuse, second de

gree sexual abuse or child sexual abuse); fied by his or her Community Super

(5) Section 804 of An Act To establish a vision Officer of the time to report for

code of law for the District of Columbia, (ascollection of the sample, but fails to sault with intent to commit mayhem or with report for collection of the sample; or dangerous weapon);

(6) Section 806а of An Act To establish a code of law for the District of Columbia (aggravated assault);

(7) Section 432(b) of the Revised Statutes, relating to the District of Columbia (assault on member of police force, campus or university special police, or fire department using a deadly or dangerous weapon);

(8) Section 807 of An Act To establish a code of law for the District of Columbia (mayhem or maliciously disfiguring);

(9) Section 3 of An Act for the protection of children in the District of Columbia and for other purposes (cruelty to children);

(10) Section 9 of An Act for the preservation of the public peace and the protection of property within the District of Columbia (lewd, indecent, or obscene acts (knowingly in the presence of a child under the age of 16 years));

(11) Section 823 of An Act To establish a code of law for the District of Columbia (burglary);

(12) Section 875 of An Act To establish a code of law for the District of Columbia (incest);

(13) Section 872 of An Act To establish a code of law for the District of Columbia (certain obscene activities involving minors);

(14) Section 3 of the District of Columbia Protection of Minors Act of 1982 (sexual performances using minors);

(15) Section 812 of An Act To establish a code of law for the District of Columbia (kidnapping);

(16) Section 798 of An Act To establish a code of law for the District of Columbia (murder in the first degree);

(17) Section 799 of An Act To establish a code of law for the District of Columbia (murder in the first degree-obstructing railroad);

(18) Section 800 of An Act To establish a code of law for the District of Columbia (murder in the second degree);

(19) Section 802 of An Act To establish a code of law for the District of Columbia (voluntary manslaughter only);

(20) Section 802a of An Act To establish a code of law for the District of Columbia (murder of a law enforcement officer);

(21) Section 813 of An Act To establish a code of law for the District of Columbia (abducting, enticing, or harboring a child for prostitution);

(22) Section 1 of An Act In relation to pandering, to define and prohibit the same and to provide for the punishment thereof (pandering; inducing or compelling an individual to engage in prostitution);

(23) Section 2 of An Act In relation to pandering, to define and prohibit the same and to provide for the punishment thereof (compelling an individual to live life of prostitution against his or her will);

(24) Section 4 of An Act In relation to pandering, to define and prohibit the same and

to provide for the punishment thereof (causing spouse to live in prostitution);

(25) Section 5 of An Act In relation to pandering, to define and prohibit the same and to provide for the punishment thereof (detaining an individual in disorderly house for debt there contracted);

(26) Forcible rape, carnal knowledge or statutory rape as these offenses were proscribed until May 23, 1995 by section 808 of An Act To establish a code of law for the District of Columbia;

(27) Section 810 of An Act To establish a code of law for the District of Columbia (robbery);

(28) Section 811 of An Act To establish a code of law for the District of Columbia (attempted robbery);

(29) Section 81la of An Act To establish a code of law for the District of Columbia (carjacking);

(30) Indecent acts with children as this offense was proscribed until May 23, 1995 by section 103(a) of An Act To provide for the treatment of sexual psychopaths in the District of Columbia, and for other purposes;

(31) Enticing a child as this offense was proscribed until May 23, 1995 by section 103(b) of An Act To provide for the treatment of sexual psychopaths in the District of Columbia, and for other purposes;

(32) Sodomy as this offense was proscribed until May 23, 1995 by section 104(a) of An Act To provide for the treatment of sexual psychopaths in the District of Columbia, and for other purposes where the offense was forcible or committed against a minor;

(33) Section 201 of the Anti-Sexual Abuse Act of 1994 (first degree sexual abuse);

(34) Section 202 of the Anti-Sexual Abuse Act of 1994 (second degree sexual abuse);

(35) Section 203 of the Anti-Sexual Abuse Act of 1994 (third degree sexual abuse);

(36) Section 204 of the Anti-Sexual Abuse Act of 1994 (fourth degree sexual abuse);

(37) Section 205 of the Anti-Sexual Abuse Act of 1994 (misdemeanor sexual abuse);

(38) Section 207 of the Anti-Sexual Abuse Act of 1994 (first degree child sexual abuse);

(39) Section 208 of the Anti-Sexual Abuse Act of 1994 (second degree child sexual abuse);

(40) Section 209 of the Anti-Sexual Abuse Act of 1994 (enticing a child);

(41) Section 212 of the Anti-Sexual Abuse Act of 1994 (first degree sexual abuse of a ward);

(42) Section 213 of the Anti-Sexual Abuse Act of 1994 (second degree sexual abuse of a ward);

(43) Section 214 of the Anti-Sexual Abuse Act of 1994 (first degree sexual abuse of a patient or client);

(44) Section 215 of the Anti-Sexual Abuse Act of 1994 (second degree sexual abuse of a patient or client);

(45) Section 217 of the Anti-Sexual Abuse Act of 1994 (attempts to commit sexual offenses); and

(46) Attempt or conspiracy to commit any of the offenses listed in items (1) through (45) of this table.

TABLE 2. OFFENSE LISTING (D.C. OFFICIAL

CODE, 1981 EDITION) (1) D.C. Code section 22-401-arson;

(2) D.C. Code section 22–402—burning of one's own property with intent to defraud or injure another;

(3) D.C. Code section 22-403_malicious burning, destruction or injury of another's property;

(4) D.C. Code section 22-501-assault with intent to kill, rob, or poison, or to commit first degree sexual abuse, second degree sexual abuse or child sexual abuse;

(5) D.C. Code section 22-502-assault with intent to commit mayhem or with dangerous weapon;

(6) D.C. Code section 22-504.1-aggravated assault;

(7) D.C. Code section 22-505(b) assault on member of police force, campus or university special police, or fire department using a deadly or dangerous weapon;

(8) D.C. Code section 22–506—mayhem or maliciously disfiguring;

(9) D.C. Code section 22–901—cruelty to children;

(10) D.C. Code section 22-1112(b)lewd, indecent or obscene acts (knowingly in the presence of a child under the age of 16 years);

(11) D.C. Code section 22–1801—burglary; (12) D.C. Code section 22–1901—incest;

(13) D.C. Code section 22–2001–certain obscene activities involving a minor;

(14) D.C. Code section 22–2012—sexual performances using minors;

(15) D.C. Code section 22-2101–kidnapping;

(16) D.C. Code section 22-2401-murder in the first degree;

(17) D.C. Code section 22–2402-murder in the first degree (obstructing railroad);

(18) D.C. Code section 22–2403_murder in the second degree;

(19) D.C. Code section 22-2405—voluntary manslaughter only;

(20) D.C. Code section 22-2406—murder of a law enforcement officer;

(21) D.C. Code section 22-2704—abducting, enticing, or harboring a child for prostitution;

(22) D.C. Code section 22-2705—pandering; inducing or compelling an individual to engage in prostitution;

(23) D.C. Code section 22-2706—compelling an individual to live life of prostitution against his or her will;

(24) D.C. Code section 22-2708-causing spouse to live in prostitution;

(25) D.C. Code section 22–2709_detaining an individual in disorderly house for debt there contracted;

(26) D.C. Code section 22-2801 [repealed May 23, 1995)-forcible rape, carnal knowledge or statutory rape;

(27) D.C. Code section 22-2901-robbery;

(28) D.C. Code section 22-2902attempted robbery;

(29) D.C. Code section 22–2903—carjacking;

(30) D.C. Code section 22-3501(a) (repealed May 23, 1995) indecent acts with children;

(31) D.C. Code section 22-3501(b) [repealed May 23, 1995) enticing a child;

(32) D.C. Code section 22-3502(a) [repealed May 23, 1995)-sodomy where the offense was forcible or committed against a minor;

(33) D.C. Code section 22 4102—first degree sexual abuse;

(34) D.C. Code section 22-4103–second degree sexual abuse;

(35) D.C. Code section 22-4104—third degree sexual abuse;

(36) D.C. Code section 22-4105-fourth degree sexual abuse;

(37) D.C. Code section 22 4106-misdemeanor sexual abuse;

(38) D.C. Code section 22-4108—first degree child sexual abuse;

(39) D.C. Code section 22-4109_second de gree child sexual abuse;

(40) D.C. Code section 22-4110 enticing a child;

(41) D.C. Code section 22-4113—first degree sexual abuse of a ward;

(42) D.C. Code section 22-4114second degree sexual abuse of a ward;

(43) D.C. Code section 22-4115-first degree sexual abuse of a patient or client;

(44) D.C. Code section 22-4116_second degree sexual abuse of a patient or client;

(45) D.C. Code section 22-4118-attempts to commit sexual offenses;

(46) Attempt or conspiracy to commit any of the offenses listed in items (1) through (45) of this table.

TABLE 3. OFFENSE LISTING (D.C. OFFICIAL

CODE, 2001 EDITION) (1) D.C. Code section 22-301-arson;

(2) D.C. Code section 22-302—burning of one's own property with intent to defraud or injure another;

(3) D.C. Code section 22-303-malicious burning, destruction, or injury of another's property;

(4) D.C. Code section 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;

(5) D.C. Code section 22-402—assault with intent to commit mayhem or with dangerous weapon;

(6) D.C. Code section 22-404.01-aggravated assault;

(7) D.C. Code section 22-405(b) assault on member of police force, campus or university special police, or fire department using a deadly or dangerous weapon;

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