*NOTE: This section includes amendments by emergency legislation that will expire on August 1, 2021. To view the text of this section after the expiration of all emergency and temporary legislation affecting this section, click this link: Permanent Version.*
(a) Any person who violates any provision of § 22-3312.01 shall be fined not less than $250 and not more than the amount set forth in § 22-3571.01, or imprisoned for a period not to exceed 180 days, or both. Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of § 22-3312.01, pursuant to Chapter 8 of Title 8.
(b) Any person who violates any provision of § 22-3312.02 shall be guilty of a misdemeanor punishable by a fine not more than the amount set forth in § 22-3571.01, or imprisonment not to exceed 180 days, or both.
(c) In addition to the penalties provided in subsection (a) of this section, a person convicted of violating any provision of § 22-3312.01 may be required to perform community service as provided in § 16-712.
(d) Any person who willfully places graffiti on property without the consent of the owner shall be subject to the sanctions in subsection (a) of this section.
(e) Any person who willfully possesses graffiti material with the intent to place graffiti on property without the consent of the owner shall be fined not less than $100 or more than $1,000.
(f) In addition to any fine or sentence imposed under this section, the court shall order the person convicted to make restitution to the owner of the property, or to the party responsible for the property upon which the graffiti has been placed, for the damage or loss caused, directly or indirectly, by the graffiti, in a reasonable amount and manner as determined by the court.
(g) The District of Columbia courts shall find parents or guardians civilly liable for all fines imposed or payments for abatement required if the minor cannot pay within a reasonable period of time established by the court.
(Mar. 10, 1983, D.C. Law 4-203, § 5, 30 DCR 180; June 12, 2001, D.C. Law 13-309, § 2(d), 48 DCR 1613; June 11, 2013, D.C. Law 19-317, § 234, 60 DCR 2064; May 3, 2021, D.C. Act 24-76, § 108(b), 68 DCR 004935.)
1981 Ed., § 22-3112.4.
This section is referenced in § 42-3141.08.
Effect of Amendments
D.C. Law 13-309 rewrote the section which had read:
“(a) Any person who violates any provision of § 22-3312.01 shall be fined not less than $250 or more than $5,000, or imprisoned for a period not to exceed 1 year, or both.
The 2013 amendment by D.C. Law 19-317 substituted “and not more than the amount set forth in § 22-3571.01” for “or more than $1,000” in (a); and substituted “not more than the amount set forth in § 22-3571.01” for “not to exceed $500” in (b).
For temporary (90 days) amendment of this section, see § 108(b) of Comprehensive Policing and Justice Reform Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-437, Oct. 28, 2020, 67 DCR 12993).
For temporary (90 days) amendment of this section, see § 234 of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300).