(8) D.C. Code section 22-406-mayhem or maliciously disfiguring;

(9) D.C. Code section 22-801-burglary;

(10) D.C. Code section 22-1101-cruelty to children;

(11) D.C. Code section 22-1312(b)-lewd, indecent, or obscene acts (knowingly in the presence of a child under the age of 16 years); (12) D.C. Code section 22-1901-incest; (13) D.C. Code section 22-2001-kidnapping; (14) D.C. Code section 22-2101-murder in the first degree;

(15) D.C. Code section 22-2102-murder in the first degree-obstructing railroad;

(16) D.C. Code section 22-2103-murder in the second degree;

(17) D.C. Code section 22-2105-voluntary manslaughter only;

(18) D.C. Code section 22-2106-murder of a law enforcement officer;

(19) D.C. Code section 22-2201-certain obscene activities involving minors;

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

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

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

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

(24) D.C. Code section 22-2709-detaining an individual in disorderly house for debt there contracted;

(25) D.C. Code section 22-2801-robbery;

(26) D.C. Code section 22-2802-attempted robbery;

(27) D.C. Code section 22-2803—carjacking; (28) D.C. Code section 22-3002-first degree sexual abuse;

(29) D.C. Code section 22-3003-second degree sexual abuse;

(30) D.C. Code section 22-3004-third degree sexual abuse;

(31) D.C. Code section 22-3005-fourth degree sexual abuse;

(32)

D.C. Code section 22-3006-misdemeanor sexual abuse;

(33) D.C. Code section 22-3008-first degree child sexual abuse;

(34) D.C. Code section 22-3009-second degree child sexual abuse;

(35) D.C. Code section 22-3010-enticing a child;

(36) D.C. Code section 22-3013-first degree sexual abuse of a ward;

(37) D.C. Code section 22-3014-second degree sexual abuse of a ward;

(38) D.C. Code section 22-3015-first degree sexual abuse of a patient or client;

(39) D.C. Code section 22-3016-second degree sexual abuse of a patient or client;

(40) D.C. Code section 22-3018-attempts to commit sexual offenses;

(41) D.C. Code section 22-3102-sexual performances using minors;

(42) D.C. Code section 22-3801(a) [repealed May 23, 1995]-indecent acts with children; (43) D.C. Code section 22-3801(b) [repealed May 23, 1995] enticing a child;

(44) D.C. Code section 22-3802(a) [repealed May 23, 1995]-sodomy where the offense was forcible or committed against a minor;

(45) D.C. Code section 22-4801 [repealed May 23, 1995]-forcible rape, carnal knowledge or statutory rape;

(46) D.C. Code section 22-1803 or section 221805a-attempt or conspiracy to commit any of the offenses listed in items (1) through (45) of this table.

[67 FR 54100, Aug. 21, 2002, as amended at 68 FR 19742, Apr. 22, 2003]

Sec.

PART 901-FINGERPRINT SUBMISSION REQUIREMENTS

901.1 Purpose and authority.

901.2 Interpretation of fingerprint submission requirements.

901.3 Approval of delayed fingerprint submission request.

AUTHORITY: 42 U.S.C. 14616.

SOURCE: 66 FR 27863, May 21, 2001, unless otherwise noted.

$901.1 Purpose and authority.

The Compact Council is established pursuant to the National Crime Prevention and Privacy Compact (Compact), Title 42, U.S.C., Chapter 140, Subchapter II, Section 14616. The purpose of these provisions is to interpret the Compact, as it applies to the required

submission of fingerprints, along with requests for Interstate Identification Index (III) records, by agencies authorized to access and receive criminal history records under Public Law 92-544, and to establish protocols and procedures applicable to the III and its use for noncriminal justice purposes.

$901.2 Interpretation of fingerprint submission requirements.

(a) Article V of the Compact requires the submission of fingerprints or other approved forms of positive identification with requests for criminal history record checks for noncriminal justice purposes. The Compact Council finds that the requirement for the submission of fingerprints may be satisfied in two ways:

(1) The fingerprints should be submitted contemporaneously with the request for criminal history information,

or

(2) For purposes approved by the Compact Council, a delayed submission of fingerprints may be permissible under exigent circumstances.

(b) The Compact Council further finds that a preliminary III name based check may be made pending the receipt of the delayed submission of the fingerprints. The state repository may authorize terminal access to authorized agencies designated by the state, to enable them to conduct such checks. Such access must be made pursuant to

the security policy set forth by the state's Control Terminal Agency.

§ 901.3 Approval of delayed fingerprint submission request.

(a) A State may, based upon exigent circumstances, apply for delayed submission of fingerprints supporting requests for III records by agencies authorized to access and receive criminal history records under Public Law 92544. Such applications must be sent to the Compact Council Chairman and include information sufficient to fully describe the emergency nature of the situation in which delayed submission authority is being sought, the risk to health and safety of the individuals involved, and the reasons why the submission of fingerprints contemporaneously with the search request is not feasible.

(b) In evaluating requests for delayed submissions, the Compact Council

must utilize the following criteria: (1) The risk to health and safety; and (2) The emergency nature of the request.

Upon approval of the application by the Compact Council, the authorized agency may conduct a III name check pending submission of the fingerprints. The fingerprints must be submitted within the time frame specified by the Compact Council.

(c) Once a specific proposal has been approved by the Compact Council, another state may apply for delayed fingerprint submission consistent with the approved proposal, provided that the state has a related Public Law 92544 approved state statute, by submitting the application to the FBI's Compact Officer.