Posted on 02/01/2024 8:01:01 AM PST by bitt
Code of the District of Columbia
Chapter 22. Obscenity.
§ 22–2201. Certain obscene activities and conduct declared unlawful; definitions; penalties; affirmative defenses; exception.
(a)(1) It shall be unlawful in the District of Columbia for a person knowingly:
(A) To sell, deliver, distribute, or provide, or offer or agree to sell, deliver, distribute, or provide any obscene, indecent, or filthy writing, picture, sound recording, or other article or representation;
(B) To present, direct, act in, or otherwise participate in the preparation or presentation of, any obscene, indecent, or filthy play, dance, motion picture, or other performance;
https://code.dccouncil.gov/us/dc/council/code/titles/22/chapters/22
What about the other "guy"?
It takes two to tangle...
No bookmarks in congress.
Congresscritters prefer their pages bent over.
So it’s ok to F in the senate chambers?…but you can’t walk into the Capitol with police escort if you are a Trump supporter…ok then…
Sexual Crimes in Washington, D.C.
There are four different “degrees” (levels of seriousness) for the crime of sexual abuse in Washington, DC. This is in addition to a misdemeanor charge and separate charges related to sexual abuse and children. There are also separate evidentiary rules for dealing with potential victims of sexual abuse.
The D.C. Code defines “sexual act” as: (1) the penetration, however slight, of the anus or vulva of another by a penis, (2) contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus, or (3) the penetration, however, slight, of the anus or vulva by a hand or finger or by any object, with intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.
“Sexual contact” is defined as the “touching with any clothed or unclothed body part or any object, either directly or indirectly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of another person.” D.C. Criminal Code 22-3001.
First Degree Sexual Abuse
There are two elements to the crime of 1st degree sexual abuse in Washington, D.C. The first element is the requirement that the person either engage another person in a sexual act or cause the other person to engage in or submit to a sexual act. This element is pretty self-explanatory.
The second element addresses the means by which the sexual act is committed. It could be by using actual force against the other person. It could be by threatening the person or by putting the other person in reasonable fear that if the person does submit, another person would be subjected to death, bodily injury or kidnapping. This would cover, for example, threats that a family member could be seriously injured if the person did not submit. Finally, covering the so-called crime of “date rape,” it could be by rendering the other person unconscious or by administering to that person – either by force or without the person’s knowledge — some type of intoxicant that would substantially impair the people’s ability to appraise or control his/her conduct.
A person found guilty of first degree sexual abuse in D.C. can fined up to $250,000 and sentenced to up to 30 years imprisonment. If the prosecution can prove certain aggravating circumstances (for example, that the victim sustained serious bodily injury as a result for the office), the defendant can be given a life sentence. D.C. Criminal Code 22-2002; D.C. Criminal Code 22-3020.
Second Degree Sexual Abuse
The first element of 2nd Degree Sexual Abuse in Washington, DC is identical to the first element of 1st Degree Sexual Abuse; namely, that the offender either engages another person in a sexual act or causes the other person to engage in or submit to a sexual act.
Where the two offenses differ is with respect to the second element. Specifically, a finding of second degree sexual abuse requires the prosecution to prove that the offender threatened or put the other person in reasonable fear or that the offender knew or should have known that the other person was incapable of either appraising the nature of the conduct, declining participation in the sexual act, or communicating an unwillingness to engage in the act.
The difference between 1st and 2nd degree sexual abuse with respect to this last element is that, in 1st degree, the offender needs to have actually participated in rendering the person unconscious. In 2nd degree sexual abuse, the offender need merely to have taken advantage of a person who is already unconscious.
The penalty for a person convicted of 2nd degree sexual abuse is a maximum fine of $200,000 and imprisonment for up to 20 years. D.C. Criminal Code 22-3003.
Third Degree/Fourth Degree Sexual Abuse
While the 1st and 2nd degree offenses address a sexual act (penetration, for example), sexual abuse of the 3rd and 4th degrees address sexual contact (for example, inappropriate touching). The difference between the 3rd and 4th degree offenses is then the same as the difference between the 1st and 2nd degrees. That is, 3rd degree involves actual force, threats putting the person in fear of death, bodily injury or kidnapping, or rendering the person unconscious. The 4th degree offense involves reasonable fear of any type of injury or a victim who is already unconscious.
The penalty for someone convicted of 3rd degree sexual abuse is a maximum fine of $100,000 and up to 10 years imprisonment. The penalty for 4th degree sexual abuse is a maximum fine of $50,000 and a maximum sentence of 5 years. D.C. Criminal Code 22-3004; D.C. Criminal Code 22-3005.
Misdemeanor Sexual Abuse
A person can be convicted of misdemeanor sexual abuse if the person engages in either a sexual act or sexual contact with another person when the offender should have known that he or she did not have the other person’s permission. The penalty for this offense is a maximum fine of $1000 and no more than 180 days in jail. D.C. Criminal Code 22-3006.
Unlike convictions for most other sex offenses, a conviction for misdemeanor sexual abuse does NOT require the defendant to register as a sex offender. (kohlerlaw.net)
Code of the District of Columbia——Chapter 22. Obscenity.
§ 22–2201. Certain obscene activities and conduct declared unlawful; definitions; penalties; affirmative defenses; exception.
§ 22–2201. Certain obscene activities and conduct declared unlawful; definitions; penalties; affirmative defenses; exception.
(a)(1) It shall be unlawful in the District of Columbia for a person knowingly:
(A) To sell, deliver, distribute, or provide, or offer or agree to sell, deliver, distribute, or provide any obscene, indecent, or filthy writing, picture, sound recording, or other article or representation;
(B) To present, direct, act in, or otherwise participate in the preparation or presentation of, any obscene, indecent, or filthy play, dance, motion picture, or other performance;
(C) To pose for, model for, print, record, compose, edit, write, publish, or otherwise participate in preparing for publication, exhibition, or sale, any obscene, indecent, or filthy writing, picture, sound recording, or other article or representation;
(D) To sell, deliver, distribute, or provide, or offer or agree to sell, deliver, distribute or provide any article, thing, or device which is intended for or represented as being for indecent or immoral use;
(E) To create, buy, procure, or possess any matter described in the preceding subparagraphs of this paragraph with intent to disseminate such matter in violation of this subsection;
(F) To advertise or otherwise promote the sale of any matter described in the preceding subparagraphs of this paragraph; or
(G) To advertise or otherwise promote the sale of material represented or held out by such person to be obscene.
(2)(A) For purposes of subparagraph (E) of paragraph (1) of this subsection, the creation, purchase, procurement, or possession of a mold, engraved plate, or other embodiment of obscenity specially adapted for reproducing multiple copies or the possession of more than 3 copies, of obscene, indecent, or filthy material shall be prima facie evidence of an intent to disseminate such material in violation of this subsection.
(B) For purposes of paragraph (1) of this subsection, the term “knowingly” means having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry of, the character and content of any article, thing, device, performance, or representation described in paragraph (1) of this subsection which is reasonably susceptible of examination.
(3) When any person is convicted of a violation of this subsection, the court in its judgment of conviction may, in addition to the penalty prescribed, order the confiscation and disposal of any materials described in paragraph (1) of this subsection, which were named in the charge against such person and which were found in the possession or under the control of such person at the time of such person’s arrest.
(b)(1) It shall be unlawful in the District of Columbia for any person knowingly:
(A) To sell, deliver, distribute, or provide, or offer or agree to sell, deliver, distribute, or provide to a minor:
(i) Any picture, photograph, drawing, sculpture, motion picture film, or similar visual representation or image of a person or portion of the human body, which depicts nudity, sexual conduct, or sado-masochistic abuse and which taken as a whole is patently offensive because it affronts prevailing standards in the adult community as a whole with respect to what is suitable material for minors; or
(ii) Any book, magazine, or other printed matter however reproduced or sound recording, which depicts nudity, sexual conduct, or sado-masochistic abuse or which contains explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct, or sado-masochistic abuse and which taken as a whole is patently offensive because it affronts prevailing standards in the adult community as a whole with respect to what is suitable material for minors; or
(B) To exhibit to a minor, or to sell or provide to a minor an admission ticket to, or pass to, or to admit a minor to, premises whereon there is exhibited, a motion picture, show, or other presentation which, in whole or in part, depicts nudity, sexual conduct, or sado-masochistic abuse and which taken as a whole is patently offensive because it affronts prevailing standards in the adult community as a whole with respect to what is suitable material for minors.
(2) For purposes of paragraph (1) of this subsection:
(A) The term “minor” means any person under the age of 17 years.
(B) The term “nudity” includes the showing of the human male or female genitals, pubic area or buttocks with less than a full opaque covering, or the showing of the female breast with less than a full opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state.
(C) The term “sexual conduct” includes acts of sodomy, masturbation, homosexuality, sexual intercourse, or physical contact with a person’s clothed or unclothed genitals, pubic area, buttocks, or, if such person be a female, breast.
(D) The term “sexual excitement” includes the condition of human male or female genitals when in a state of sexual stimulation or arousal.
(E) The term “sado-masochistic abuse” includes flagellation or torture by or upon a person clad in undergarments or a mask or bizarre costume, or the condition of being fettered, bound, or otherwise physically restrained on the part of one so clothed.
(F) The term “knowingly” means having a general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry or both of:
(i) The character and content of any material described in paragraph (1) of this subsection which is reasonably susceptible of examination by the defendant; and
(ii) The age of the minor.
(c) It shall be an affirmative defense to a charge of violating subsection (a) or (b) of this section that the dissemination was to institutions or individuals having scientific, educational, or other special justification for possession of such material.
(d) Nothing in this section shall apply to a licensee under the Communications Act of 1934 (47 U.S.C. § 151 et seq.) while engaged in activities regulated pursuant to such Act.
(e) A person convicted of violating subsection (a) or (b) of this section shall for the 1st offense be fined not more than the amount set forth in § 22-3571.01 or imprisoned not more than 180 days, or both. A person convicted of a 2nd or subsequent offense under subsection (a) or (b) of this section shall be fined not less than $1,000 and not more than the amount set forth in § 22-3571.01 or imprisoned not less than 6 months or more than 3 years, or both.
(Mar. 3, 1901, 31 Stat. 1332, ch. 854, § 872; Dec. 27, 1967, 81 Stat. 738, Pub. L. 90-226, title VI, § 606; May 21, 1994, D.C. Law 10-119, § 2(p), 41 DCR 1639; Aug. 20, 1994, D.C. Law 10-151, § 105(m), 41 DCR 2608; June 11, 2013, D.C. Law 19-317, § 201(u), 60 DCR 2064.)
Prior Codifications
1981 Ed., § 22-2001.
1973 Ed., § 22-2001.
Section References
This section is referenced in § 22-4001 and § 22-4151.
Effect of Amendments
The 2013 amendment by D.C. Law 19-317, in (e), substituted the first occurrence of “not more than the amount set forth in § 22-3571.01” for “not more than $1,000” and substituted “and not more than the amount set forth in § 22-3571.01” for “nor more than $5,000”.
snip
...cuz they’re all corrupt.
“If I hold you accountable they’ll hold me accountable”
Term limits.
Then I guess those who peacefully walked in the Capitol on J6 have not committed a crime either.
Now the porn industry can have at it making sex videos in government buildings.
Remember how we heard Non-Stop talked about sanctity of the sacred place called the Capitol?
The dude he “loved” is known, one George Gauder, a German.
https://newsnownigeria.ng/georg-gauger-wiki-age-of-georg-gauger-partner-of-aidan-maese-czeropski/
Nobody thinks the aide was abused. After all, he was "in love." The German freak was obviously enthusiastically, shall we say, all in, and knew what he was getting into.
wasn’t this in a public used/allowed room? so it’s legal to have sex in a place the public can be?
Just because no other public persons were there at the time doesn’t change the designation of the room
"See you in the Senate meeting room later, Aidan."
No criminal activity, eh?
America was a better place when sodomy was illegal.
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