Code of the District of Columbia

Chapter 41B. DNA Sample Collection.


§ 22–4151. Qualifying offenses.

(a) The following criminal offenses shall be qualifying offenses for the purposes of DNA collection under the DNA Analysis Backlog Elimination Act of 2000, approved December 19, 2000 (Pub. L. No. 106-546; 114 Stat. 2726) [42 U.S.C. §§ 14135-14135e]:

(1) Any felony;

(2) Any offense for which the penalty is greater than one year imprisonment;

(3) § 22-1312(b) (lewd, indecent, or obscene acts (knowingly in the presence of a child under the age of 16 years));

(4) § 22-2201 (certain obscene activities involving minors);

(5) § 22-3102 (sexual performances using minors);

(6) § 22-3006 (misdemeanor sexual abuse);

(7) § 22-3010.01 (misdemeanor sexual abuse of a child or minor); and

(8) Attempt or conspiracy to commit any of the offenses listed in paragraphs (1) through (7) of this subsection.

(b) DNA collected by an agency of the District of Columbia shall not be searched for the purpose of identifying a family member related to the individual from whom the DNA sample was acquired.


(Nov. 3, 2001, D.C. Law 14-52, § 2, 48 DCR 5934; Oct. 26, 2001, D.C. Law 14-42, § 22, 48 DCR 7612; Oct. 17, 2002, D.C. Law 14-194, § 158, 49 DCR 5306; Dec. 10, 2009, D.C. Law 18-88, § 218, 56 DCR 7413.)

Effect of Amendments

D.C. Law 14-42, in par. (37), substituted “(misdemeanor sexual abuse) where the offense is committed against a minor;” for “(misdemeanor sexual abuse);”.

D.C. Law 14-194 made a nonsubstantive change in par. (45); added pars, ((45A), (45B), and (45C); and in par. (46), substituted “par. (45C)” for “par. (45)”.

D.C. Law 18-88 rewrote the section.

Emergency Legislation

For temporary (90 day) addition of section, see § 2 of DNA Sample Collection Emergency Act of 2001 (D.C. Act 14-77, June 18,