Code of the District of Columbia

Chapter 18B. Ivory and Horn Trafficking.


§ 22–1861. Definitions.

For the purposes of this chapter, the term:

(1) "Educational or scientific institution" means an entity that:

(A) Receives an educational or scientific tax exemption from the federal Internal Revenue Service or the institution's national, state, or local tax authority; or

(B) Is accredited as an educational or scientific institution from a qualified national, regional, state, or local authority for the institution's location.

(2) "Prohibited animal product" means:

(A) The tooth or tusk composed of ivory, whether raw or worked, from any species of elephant, hippopotamus, mammoth, mastodon, narwhal, or whale;

(B) The horn of any species of rhinoceros; or

(C) An item that is wholly or partially composed of any material described in subparagraph (A) or (B) of this paragraph.


(Aug. 6, 2020, D.C. Law 23-126, § 2, 67 DCR 5060.)

Applicability

Section 7082 of D.C. Law 23-149 repealed section 6 of D.C. Law 23-126 removing the applicability provision impacting this section. Therefore, the creation of this section by Law 23-126 has been implemented.

Applicability of D.C. Law 23-126: § 6 of D.C. Law 23-126 provided that the creation of this section by § 2 of D.C. Law 23-126 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.


§ 22–1862. Unlawful distribution of a prohibited animal product.

(a) Beginning one year after October 1, 2020, a person commits the offense of unlawful distribution of a prohibited animal product if that person knowingly imports, sells, offers for sale, purchases, barters, trades, or possesses with intent to sell a prohibited animal product.

(b) Notwithstanding subsection (a) of this section, a person does not commit the offense of unlawful distribution of a prohibited animal product if the person:

(1) Bequeaths the prohibited animal product to the legal beneficiary of an estate or trust upon the death of the owner;

(2) Gifts or donates the prohibited animal product without remuneration;

(3) Is a government employee or agent conducting law enforcement activities pursuant to federal, state, or local law;

(4) Is an educational or scientific institution that imports, sells, offers for sale, purchases, barters, trades, or possesses with intent to sell a prohibited animal product for educational or scientific purposes;

(5) Is engaging in an activity that is expressly authorized by federal law or a permit issued pursuant to federal law;

(6) Imports, sells, offers for sale, purchases, barters, trades, or possesses with intent to sell a prohibited animal product that is part of an antique that:

(A) Is composed of not more than 20% of a prohibited animal product by volume; and

(B) The person can, through documentation, establish provenance and demonstrate that the antique is at least 100 years old; or

(7) Imports, sells, offers for sale, purchases, barters, trades, or possesses with intent to sell a prohibited animal product that is part of a musical instrument that:

(A) Is composed of less than 20% of a prohibited animal product by volume; and

(B) The person can establish provenance and demonstrate that the musical instrument was manufactured before 1976.

(c) The act of obtaining an appraisal of a prohibited animal product alone shall not constitute possession with intent to sell or offer for sale.


(Aug. 6, 2020, D.C. Law 23-126, § 3, 67 DCR 5060.)

Applicability

Section 7082 of D.C. Law 23-149 repealed section 6 of D.C. Law 23-126 removing the applicability provision impacting this section. Therefore, the creation of this section by Law 23-126 has been implemented.

Applicability of D.C. Law 23-126: § 6 of D.C. Law 23-126 provided that the creation of this section by § 3 of D.C. Law 23-126 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.


§ 22–1863. Penalties.

(a) Except as provided in subsections (b) and (c) of this section, a person convicted of unlawful distribution of a prohibited animal product shall:

(1) For a first offense, be fined no more than $1,000 or twice the value of the prohibited animal product, whichever is greater, incarcerated for no more than 30 days, or both;

(2) For a second offense, be fined no more than $5,000 or twice the value of the prohibited animal product, whichever is greater, incarcerated for no more than one year, or both; and

(3) For a third or subsequent offense, be fined no more than $25,000 or thrice the value of the prohibited animal product, whichever is greater, incarcerated for no more than 3 years, or both.

(b) For any offense where the total value of the prohibited animal product is greater than $25,000, a person convicted of unlawful distribution of a prohibited animal product shall be fined thrice the value of the prohibited animal product, incarcerated for no more than 3 years, or both.

(c) If the person convicted of unlawful distribution of a prohibited animal product is not an individual, the court may double the applicable fine specified in subsection (a) or subsection (b) of this section.

(d) The fines set forth in this section shall not be limited by § 22-3571.01.


(Aug. 6, 2020, D.C. Law 23-126, § 4, 67 DCR 5060.)

Applicability

Section 7082 of D.C. Law 23-149 repealed section 6 of D.C. Law 23-126 removing the applicability provision impacting this section. Therefore, the creation of this section by Law 23-126 has been implemented.

Applicability of D.C. Law 23-126: § 6 of D.C. Law 23-126 provided that the creation of this section by § 4 of D.C. Law 23-126 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.


§ 22–1864. Rules.

The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this chapter.


(Aug. 6, 2020, D.C. Law 23-126, § 5, 67 DCR 5060.)

Applicability

Section 7082 of D.C. Law 23-149 repealed section 6 of D.C. Law 23-126 removing the applicability provision impacting this section. Therefore, the creation of this section by Law 23-126 has been implemented.

Applicability of D.C. Law 23-126: § 6 of D.C. Law 23-126 provided that the creation of this section by § 5 of D.C. Law 23-126 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.


§ 22–1865. Applicability. [Repealed]

Repealed.


(Aug. 6, 2020, D.C. Law 23-126, § 6, 67 DCR 5060; Dec. 3, 2020, D.C. Law 23-149, § 7082, 67 DCR 10493.)

Applicability

Section 7082 of D.C. Law 23-149 repealed section 6 of D.C. Law 23-126 removing the applicability provision impacting this section. Therefore, the creation of this section by Law 23-126 has been implemented.