Title 28

PART 811 APPENDIX A

Appendix A to Part 811 - Listing of Sex Offender Registration Offenses by Class

28:2.0.6.5.7.0.127.15.18 : Appendix A

Appendix A to Part 811 - Listing of Sex Offender Registration Offenses by Class Class A Offenders - All Lifetime Registrants (D.C. Official Code Secs. 22-4001(6), 4002(b), 4011(b)(2)(A))

1. Class A includes offenders who have been convicted or found not guilty by reason of insanity of:

(a) First degree sexual abuse;

(b) Second degree sexual abuse;

(d) Forcible sodomy;

(e) First degree child sexual abuse committed against a child under 12;

(f) Carnal knowledge (statutory rape) committed against a child under 12;

(g) Sodomy committed against a child under 12;

(h) Murder committed before, during, or after engaging in or attempting to engage in a sexual act or contact or rape;

(i) Manslaughter committed before, during, or after engaging in or attempting to engage in a sexual act or contact or rape;

(j) Attempting to commit any of the foregoing offenses;

(k) Conspiring to commit any of the foregoing offenses; or

(l) Assault with intent to commit any of the foregoing offenses.

2. Class A also includes offenders who:

(a) In two or more trials or plea proceedings, have been convicted or found not guilty by reason of insanity of a felony registration offense or any registration offense against a minor. (Recidivism).

(b) In a single trial or plea proceeding, have been convicted or found not guilty by reason of insanity of registration offenses against two or more victims where each offense is a felony or committed against a minor (Multiple victims).

3. Class A also includes offenders who have been convicted or found not guilty by reason of insanity under the law of another jurisdiction of offenses that involved conduct that is the same as or substantially similar to that above.

Class B Offenders - “Ten Year” Registrants (Other Offenses Against Minors, Wards, Patients, or Clients) (D.C. Official Code Secs. 22-4001(8), 4002(a), 4011(b)(2)(B))

1. Class B includes offenders who are not included in Class A and have been convicted or found not guilty by reason of insanity of any of the following crimes against a minor (that is, a person under the age of 18):

(a) Third degree sexual abuse;

(b) Fourth degree sexual abuse;

(d) First degree child sexual abuse;

(e) Second degree child sexual abuse;

(f) Carnal knowledge (statutory rape);

(g) Sodomy committed against a minor;

(h) Indecent acts on a child;

(i) Enticing a child;

(j) Lewd, indecent or obscene acts;

(k) Sexual performance using a minor;

(l) Incest;

(m) Obscenity;

(n) Prostitution/Pandering;

(o) Assault (unwanted sexual touching);

(p) Threatening to commit a sexual offense;

(q) First or second degree burglary with intent to commit sex offense;

(r) Kidnapping (does not require a sexual purpose);

(s) Assault with intent to commit any of the foregoing offenses;

(t) Attempting to commit any of the foregoing offenses;

(u) Conspiring to commit any of the foregoing offenses; or

(v) Any offense against a minor for which the offender agreed in a plea agreement to be subject to sex offender registration requirements.

2. Class B also includes offenders who are not included in Class A and have been convicted or found not guilty by reason of insanity of any of the following crimes regardless of the age of the victim:

(a) First degree sexual abuse of a ward or resident of a hospital, treatment facility or other institution.

(b) Second degree sexual abuse of a ward or resident of a hospital, treatment facility or other institution.

(d) Second degree sexual abuse of a patient or client.

3. Class B also includes offenders who are not included in Class A and have been convicted or found not guilty by reason of insanity under the law of another jurisdiction of offenses that involved conduct that is the same as or substantially similar to that above.

Class C Offenders - “Ten Year” Registrants (Other Offenses Against Adult Victims) (D.C. Official Code Secs. 22-4001(8), 4002(a), 4011(b)(2)(C))

1. Class C includes offenders who are not included in Class A or Class B and have committed any of the following crimes against an adult (that is, a person 18 years of age or older):

(a) Third degree sexual abuse;

(b) Fourth degree sexual abuse;

(d) Kidnapping with intent to commit sex offense;

(e) Threatening to commit a sexual offense (felony);

(f) Assault with intent to commit any of the foregoing offenses;

(g) Attempting to commit any of the foregoing offenses;

(h) Conspiring to commit any of the foregoing offenses, or;

(i) Any offense for which the offender agreed in a plea agreement to be subject to sex offender registration requirements.

2. Class C also includes offenders who are not included in Class A or Class B and have been convicted or found not guilty by reason of insanity under the law of another jurisdiction of offenses that involved conduct that is the same as or substantially similar to that above.

Exceptions (D.C. Official Code Sec. 22-4016(b))

The following do not constitute registration offenses:

1. Any sexual offense between consenting adults or an attempt, conspiracy or solicitation to commit such an offense, except for offenses to which consent is not a defense as provided in Section 218 of the Anti-Sexual Abuse Act of 1994 (D.C. Official Code § 22-3017).

2. Any misdemeanor offense that involved a person's sexual touching or attempted or solicited sexual touching of an undercover law enforcement officer where the person believed that the officer was an adult.

3. Any misdemeanor offense committed against an adult, except where the offender agrees in a plea agreement to be subject to sex offender registration requirements.