§ 22-1001 . Definition and penalty.
§ 22-1002 . Other cruelties to animals.
§ 22-1002.01 . Reporting requirements.
§ 22-1003 . Rest, water and feeding for animals transported by railroad company.
§ 22-1004 . Arrests without warrant authorized; notice to owner.
§ 22-1005 . Issuance of search warrants.
§ 22-1006 . Prosecution of offenders; disposition of fines.
§ 22-1006.01. Penalty for engaging in animal fighting.
§ 22-1006.02. Possession of an implement of animal fighting.
§ 22-1007 . Impounded animals to be supplied with food and water.
§ 22-1008 . Relief of impounded animals.
§ 22-1009 . Keeping or using place for fighting or baiting of fowls or animals; arrest without warrant.
§ 22-1010 . Penalty for engaging in cockfighting or animal fighting. [Repealed]
§ 22-1011 . Neglect of sick or disabled animals.
§ 22-1012 . Abandonment of maimed or diseased animal; destruction of diseased animals; disposition of animal or vehicle on arrest of driver; scientific experiments.
§ 22-1012.01. Prohibiting sexual contact between a person and animal.
§ 22-1012.02. Creating or distributing an obscene image of an animal.
§ 22-1012.03. Unlawful cat declawing.
§ 22-1012.04. Additional penalties.
§ 22-1013 . Definitions.
§ 22-1014 . Docking tails of horses. [Repealed]
§ 22-1015 . Penalty for engaging in animal fighting.
§ 22-1001. Definition and penalty.
(b) For the purposes of this section, “cruelly chains” means attaching an animal to a stationary object or a pulley by means of a chain, rope, tether, leash, cable, or similar restraint under circumstances that may endanger its health, safety, or well-being. Cruelly chains includes, but is not limited to, the use of a chain, rope, tether, leash, cable or similar restraint that:
(1) Exceeds 1/8 the body weight of the animal;
(2) Causes the animal to choke;
(3) Is too short for the animal to move around or for the animal to urinate or defecate in a separate area from the area where it must eat, drink, or lie down;
(4) Is situated where it can become entangled;
(5) Does not permit the animal access to food, water, shade, dry ground, or shelter; or
(6) Does not permit the animal to escape harm.
(c) For the purposes of this section, “serious bodily injury” means bodily injury that involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, mutilation, or protracted loss or impairment of the function of a bodily member or organ. Serious bodily injury includes, but is not limited to, broken bones, burns, internal injuries, severe malnutrition, severe lacerations or abrasions, and injuries resulting from untreated medical conditions.
(d) Except where the animal is an undomesticated and dangerous animal such as rats, bats, and snakes, and there is a reasonable apprehension of an imminent attack by such animal on that person or another, whoever commits any of the acts or omissions set forth in subsection (a) of this section with the intent to commit serious bodily injury or death to an animal, or whoever, under circumstances manifesting extreme indifference to animal life, commits any of the acts or omissions set forth in subsection (a) of this section which results in serious bodily injury or death to the animal, shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment not exceeding 5 years, or by a fine not exceeding $25,000, or both.
(Aug. 23, 1871, Leg. Assem., p. 135, ch. 106, § 1; Aug. 20, 1994, D.C. Law 10-151, § 102(a), 41 DCR 2608; June 8, 2001, D.C. Law 13-303, § 2(a), 47 DCR 7307; Dec. 5, 2008, D.C. Law 17-281, § 108(a), 55 DCR 9186.)
§ 22-1002. Other cruelties to animals.
Every owner, possessor, or person having the charge or custody of any animal, who cruelly drives or works the same when unfit for labor, or cruelly abandons the same, or who carries the same, or causes the same to be carried, in or upon any vehicle, or otherwise, in an unnecessarily cruel or inhuman manner, or knowingly and wilfully authorizes or permits the same to be subjected to unnecessary torture, suffering, or cruelty of any kind, shall be punished for every such offense in the manner provided in § 22-1001.
CREDIT(S)
(Aug. 23, 1871, Leg. Assem., p. 135, ch. 106, § 2.)
§ 22-1002.01. Reporting requirements.
(a)(1) Any law enforcement or child or protective services employee who knows of or has reasonable cause to suspect an animal has been the victim of cruelty, abandonment, or neglect, or observes an animal at the home of a person reasonably suspected of child, adult, or animal abuse, shall provide a report within 2 business days to the Mayor. If the health and welfare of the animal is in immediate danger, the report shall be made within 6 hours.
(2) The report shall include:
(b) When 2 or more law enforcement or child or protective services employees jointly suspect an animal has been the victim of cruelty, abandonment, or neglect, or jointly observe an animal at the home of a person reasonably suspected of child, adult, or animal abuse, a report may be made by one person by mutual agreement.
(June 25, 1892, 27 Stat. 61, ch. 135, § 2a, as added Dec. 5, 2008, D.C. Law 17-281, § 108(b), 55 DCR 9186.)
§ 22-1003. Rest, water and feeding for animals transported by railroad company.
No railroad company, in the carrying or transportation of animals, shall permit the same to be confined in cars for a longer period than 24 hours, without unloading the same, for rest, water, and feeding, for a period of at least 5 consecutive hours, unless prevented from so unloading by storm or other accidental causes. In estimating such confinement the time during which such animals have been confined without such rest on connecting roads from which they are received shall be included; it being the intent of this section to prohibit their continuous confinement beyond the period of 24 hours, except upon contingencies hereinbefore stated. Animals so unloaded shall be properly fed, watered, and sheltered during such rest by the owner or person having the custody thereof, or in case of his default in so doing, then by the railroad company transporting the same, at the expense of said owner or persons in custody thereof. And said company shall, in such case, have a lien upon such animals for food, care, and custody furnished, and shall not be liable for any detention of such animals authorized by this section. Any company, owner, or custodian of such animals who fails to comply with the provisions of this section shall, for each and every such offense, be liable for and forfeit and pay a penalty of not less than $1 nor more than $500; provided, however, that when animals shall be carried in cars in which they can and do have proper food, water, space, and opportunity for rest, the foregoing provisions in regard to their being unloaded shall not apply.
CREDIT(S)
(Aug. 23, 1871, Leg. Assem., p. 135, ch. 106, § 3.)
§ 22-1004. Arrests without warrant authorized; notice to owner.
(a) A person found violating the laws in relation to cruelty to animals may be arrested and held without a warrant, in the manner provided by § 44-1505, and the person making an arrest, with or without a warrant, shall use reasonable diligence to give notice thereof to the owner of animals found in the charge or custody of the person arrested and shall properly care and provide for such animals until the owner thereof shall take charge of the same.
(b)(1) A humane officer of the Washington Humane Society may take possession of any animal to protect it from neglect or cruelty. The person taking possession of the animal or animals shall use reasonable diligence to give notice thereof to the owner of animals found in the charge or custody of the person arrested and shall properly care and provide for the animals until the owner shall take charge of the animals.
(2) If the owner or custodian of the animal or animals fails to respond after 20 days, the animal or animals shall become the property of the Washington Humane Society and the Washington Humane Society shall have the authority to:
(A) Place the animal or animals up for adoption in a suitable home;
(B) Retain the animal or animals, or
(C) Humanely destroy the animal or animals.
(c)(1) The owner of an animal seized pursuant to subsection (a) or (b) of this section may request a hearing regarding the possession of the animal within the 20-day period provided by subsection (b)(2) of this section. If the hearing officer finds, by a preponderance of the evidence, that the owner did abandon, neglect, or cruelly treat the animal, the animal shall become the property of the Washington Humane Society as provided by subsection (b)(2) of this section, except as provided in paragraph (3) of this subsection.
(2) If the hearing officer does not find that the owner abandoned, neglected, or cruelly treated the animal, the hearing officer shall order the return of the animal to the owner, except as provided in paragraph (3) of this subsection. The hearing officer may order the owner to reimburse the Washington Humane Society for the reasonable costs to care for, feed, and treat the animal during the period in which the animal was in the possession of the Washington Humane Society.
(3) During the pendency of a criminal investigation, prosecution, appeal, or other action arising from an act related to the seizure of the animal, the hearing officer shall order the animal to the possession of the Washington Humane Society and shall order the owner to post a bond sufficient to cover the reasonable costs to care for, feed, and treat the animal for 30 days. At the expiration of the initial bond, or subsequent bond, if the criminal investigation, prosecution, appeal, or other action remains pending, the owner shall post an additional bond sufficient to cover the reasonable costs to care for, feed, and treat the animal for an additional 30 days. If an owner fails to post a bond within 5 days after an order or obligation pursuant to this paragraph, the animal shall become the property of the Washington Humane Society as provided by subsection (b)(2) of this section.
(4) The Washington Humane Society may draw on any bond required to be posted pursuant to this section for the actual reasonable costs of providing care, feeding, and treatment of the seized animal. The reasonable costs incurred in excess of such bond shall be a lien on the animal and shall be discharged by the owner before the animal may be released to the owner.
(5)(A) Upon the resolution of the criminal investigation, prosecution, appeal, or other action resulting in the animal being placed in the possession of the Washington Humane Society, and if there is no judicial ruling on the disposition of the animal, the hearing officer shall conduct a hearing on the disposition of the animal.
(B) If the hearing officer finds, by a preponderance of the evidence, that the owner did abandon, neglect, or cruelly treat the animal, the animal shall become the property of the Washington Humane Society as provided by subsection (b)(2) of this section.
(C) If the hearing officer does not find that the owner abandoned, neglected, or cruelly treated the animal, the hearing officer shall order the return of the animal to the owner, provided that the animal is not subject to a lien as provided in paragraph (4) of this subsection.
(D) If the resolution of the criminal investigation, prosecution, appeal, or other action results in the forfeiture of the animal, the hearing officer need not conduct a hearing, and the animal shall become the property of the Washington Humane Society as provided by subsection (b)(2) of this section.
(6)(A) The Mayor shall establish by rulemaking a notice and hearing process for the owner of the animal to contest the seizure, detention, and terms of release and treatment of the animal, the allegation of cruelty, abandonment, or neglect and the imposition of the lien and costs associated for caring and providing for the animal.
(B) Within 90 days after April 21, 2023, the proposed rules shall be submitted to the Council for a 45-day review period of review, excluding weekends, legal holidays, and days of Council recess. If the Council does not approve or disapprove of the proposed rules, by resolution, within the 45-day review period, the rules shall be deemed approved.
(d)(1) An owner may seek judicial review before the Superior Court of the District of Columbia within 5 days after:
(A) Receipt of notice of a final decision issued by the President of the Washington Humane Society, or the President's designee under 24 DCMR § 1509.1; or
(B) Receipt of notice that the owner has failed to comply with the conditions of return pursuant to 24 DCMR § 1511 issued by the President of the Washington Humane Society, or the President's designee.
(2) This subsection shall apply to all cases pending before the court as of April 21, 2023.
Credits
(Aug. 23, 1871, Leg. Assem., p. 136, ch. 106, § 4; June 8, 2001, D.C. Law 13-303, § 2(b), 47 DCR 7307; Dec. 5, 2008, D.C. Law 17-281, § 108(c), 55 DCR 9186; Apr. 21, 2023, D.C. Law 24-346, § 3(a), 70 DCR 570.)
§ 22-1005. Issuance of search warrants.
When complaint is made by any humane officer of the Washington Humane Society on oath or affirmation, to any magistrate authorized to issue warrants in criminal cases, that the complainant believes, and has reasonable cause to believe, that the laws in relation to cruelty to animals have been or are being violated in any particular building or place, such magistrate, if satisfied that there is reasonable cause for such belief, shall issue a search warrant, authorizing any marshal, deputy marshal, police officer, or any humane officer of the Washington Humane Society to search such building or place.
CREDIT(S)
(Aug. 23, 1871, Leg. Assem., p. 136, ch. 106, § 5; Feb. 13, 1885, 23 Stat. 302, ch. 58, § 1; Mar. 3, 1901, 31 Stat. 1195, ch. 854, § 41; June 8, 2001, D.C. Law 13-303, § 2(c), 47 DCR 7307.)
§ 22-1006. Prosecution of offenders; disposition of fines.
It shall be the duty of all marshals, deputy marshals, police officers, or any humane officer of the Washington Humane Society, to prosecute all violations of the provisions of §§ 22-1001 to 22-1009 and §§ 22-1011, 22-1013, and 22-1014, which shall come to their notice or knowledge, and fines and forfeitures collected upon or resulting from the complaint or information of any humane officer of the Washington Humane Society under §§ 22-1001 to 22-1009 and §§ 22-1011, 22-1013, and 22-1014 shall inure and be paid over to said association, in aid of the benevolent objects for which it was incorporated.
CREDIT(S)
(Aug. 23, 1871, Leg. Assem., p. 137, ch. 106, § 6; Feb. 13, 1885, 23 Stat. 302, ch. 58, § 1; Mar. 3, 1901, 31 Stat. 1195, ch. 854, § 41; June 8, 2001, D.C. Law 13-303, § 2(d), 47 DCR 7307.)
§ 22-1006.01. Penalty for engaging in animal fighting.
(a) Any person who: (1) organizes, sponsors, conducts, stages, promotes, is employed at, collects an admission fee for, or bets or wagers any money or other valuable consideration on the outcome of an exhibition between two or more animals of fighting, baiting, or causing injury to each other; (2) any person who owns, trains, buys, sells, offers to buy or sell, steals, transports, or possesses any animal with the intent that it engage in any such exhibition; (3) any person who knowingly allows any animal used for such fighting or baiting to be kept, boarded, housed, or trained on, or transported in, any property owned or controlled by him; (4) any person who owns, manages, or operates any facility and knowingly allows that facility to be kept or used for the purpose of fighting or baiting any animal; (5) any person who knowingly or recklessly permits any act described in this subsection, to be done on any premises under his or her ownership or control, or who aids or abets that act; or (6) any person who is knowingly present as a spectator at any such exhibition, is guilty of a felony, punishable by a fine of not more than the amount set forth in § 22-3571.01, imprisonment not to exceed 5 years, or both. The court may also impose any penalties listed in § 22-1001(a).
(b) Repealed.
(c) For the purposes of this section, the term:
(1) “Animal” means a vertebrate other than a human, including, but not limited to, dogs and cocks.
(2) “Baiting” means to attack with violence, to provoke, or to harass an animal with one or more animals for the purpose of training an animal for, or to cause an animal to engage in, fights with or among other animals.
(3) “Fighting” means an organized event wherein there is a display of combat between 2 or more animals in which the fighting, killing, maiming, or injuring of an animal is a significant feature, or main purpose, of the event.
Credits
(June 25, 1892, 27 Stat. 61, ch. 135, § 6a, as added June 8, 2001, D.C. Law 13-303, § 3(a), 47 DCR 7307; Dec. 5, 2008, D.C. Law 17-281, § 109, 55 DCR 9186; June 11, 2013, D.C. Law 19-317, § 210, 60 DCR 2064.)
§ 22-1006.02. Possession of an implement of animal fighting.
(a) Offense. A person commits the offense of possession of an implement of animal fighting when that person purposefully possesses, with the intent to use in furtherance of engaging in animal fighting, as described in § 22-1006.01, an implement of animal fighting.
(b)(1) Penalties. A person convicted of possession of an implement of animal fighting shall be fined no more than the amount set forth in § 22-3571.01, or incarcerated for no more than 10 days, or both.
(2)(A) Each implement of animal fighting possessed in violation of this section shall constitute a separate offense.
(B) Notwithstanding subparagraph (A) of this paragraph, no person shall be consecutively sentenced to more than 30 days for violations of this section that occurred within a single 90-day period.
(c) For the purposes of this section, the term “implement of animal fighting” means the following objects when used in preparation for, or in furtherance of, animal fighting:
(1) A breaking stick designed for insertion behind the molars of an animal to break the animal's grip on another animal or object;
(2) A slatmill, carpetmill or another form of improvised treadmill;
(3) A springpole that has a biting surface attached to a stretchable device, suspended at a height sufficient to prevent an animal from reaching the biting surface while touching the ground;
(4) A fighting pit or other confined area designed to contain an animal fight; or
(5) A breeding stand or rape stand used to immobilize female animals for breeding purposes.
Credits
(Aug. 23, 1871, Leg. Assem., p. 135, ch. 106, § 6b, as added Apr. 21, 2023, D.C. Law 24-346, § 3(b), 70 DCR 570.)
§ 22-1007. Impounded animals to be supplied with food and water.
Any person who shall impound, or cause to be impounded in any pound, any creature, shall supply the same, during such confinement, with a sufficient quantity of good and wholesome food and water; and in default thereof shall, upon conviction, be punished for every such offense in the same manner provided in § 22-1001.
CREDIT(S)
(Aug. 23, 1871, Leg. Assem., p. 137, ch. 106, § 7.)
§ 22-1008. Relief of impounded animals.
In case any creature shall be at any time impounded as aforesaid, and shall continue to be without necessary food and water for more than 12 successive hours, it shall be lawful for any officer of the Washington Humane Society, from time to time, and as often as it shall be necessary, to enter into and upon any pound in which such creature shall be so confined, and supply it with necessary food and water so long as it shall remain so confined; such person shall not be liable to any action for such entry, and the reasonable cost for such food and water may be collected of the owner of such creature, and the said creature shall not be exempt from levy and sale upon execution issued upon a judgment thereof.
CREDIT(S)
(Aug. 23, 1871, Leg. Assem., p. 137, ch. 106, § 8; Feb. 13, 1885, 23 Stat. 302, ch. 58, § 1.)
§ 22-1009. Keeping or using place for fighting or baiting of fowls or animals; arrest without warrant.
Any person or persons who shall keep or use, or in any way be connected with or interested in the management of, or shall receive money for the admission of any person to any place kept or used for the purpose of fighting or baiting of fowls or animals, may be arrested without a warrant, as provided in § 44- 1505, and for every such offense be punished in the same manner provided in § 22-1001.
CREDIT(S)
(Aug. 23, 1871, Leg. Assem., p. 137, ch. 106, § 9.)
§ 22-1010. Penalty for engaging in cockfighting or animal fighting. [Repealed]
CREDIT(S)
(June 25, 1892, 27 Stat. 61, ch. 135, § 6; Oct. 18, 1988, D.C. Law 7-176, § 7(d), 35 DCR 4787; Aug. 20, 1994, D.C. Law 10-151, § 103, 41 DCR 2608; June 8, 2001, D.C. Law 13-303, § 3(a), 47 DCR 7307.)
§ 22-1011. Neglect of sick or disabled animals.
If any maimed, sick, infirm, or disabled animal shall fail to receive proper food or shelter from said owner or person in charge of the same for more than 5 consecutive hours, such person shall, for every such offense, be punished in the same manner provided in § 22-1001.
CREDIT(S)
(Aug. 23, 1871, Leg. Assem., p. 138, ch. 106, § 10; June 25, 1892, 27 Stat. 60, ch. 135, § 4.)
§ 22-1012. Abandonment of maimed or diseased animal; destruction of diseased animals; disposition of animal or vehicle on arrest of driver; scientific experiments .
(a) A person being the owner or possessor or having charge or custody of a maimed, diseased, disabled, or infirm animal who abandons such animal, or leaves it to lie in the street or road, or public place, more than 3 hours after he or she receives notice that it is left disabled, is guilty of a misdemeanor punishable by a fine of not less than $10 and not more than the amount set forth in § 22-3571.01, or by imprisonment in jail not more than 180 days, or both. Any agent or officer of the Washington Humane Society may lawfully destroy, or cause to be destroyed, any animal found abandoned and not properly cared for, appearing, in the judgment of 2 reputable citizens called by such officer to view the same in such officer's presence, to be glandered, injured, or diseased past recovery for any useful purpose. When any person arrested is, at the time of such arrest, in charge of any animal, or of any vehicle drawn by any animal, or containing any animal, any agent of said society may take charge of such animal and such vehicle and its contents and deposit the same in a place of safe custody or deliver the same into the possession of the police authorities, who shall assume the custody thereof; and all necessary expenses incurred in taking charge of such property shall be a lien thereon.
(b) Nothing contained in §§ 22-1001 to 22-1009, inclusive, and §§ 22-1011 and 22-1309 shall be construed to prohibit or interfere with any properly conducted scientific experiments or investigations, which experiments shall be performed only under the authority of the faculty of some regularly incorporated medical college, university, or scientific society.
Credits
(Aug. 23, 1871, Leg. Assem., p. 138, ch. 106, § 11; June 25, 1892, 27 Stat. 60, ch. 135, § 4; May 21, 1994, D.C. Law 10-119, § 6, 41 DCR 1639; Aug. 20, 1994, D.C. Law 10-151, § 102(b), 41 DCR 2608; June 11, 2013, D.C. Law 19-317, § 209(b), 60 DCR 2064.)
§ 22-1012.01. Prohibiting sexual contact between a person and animal.
(a) First degree. A person commits first degree sexual contact between a person and animal when the person knowingly causes another person to engage in sexual contact with an animal:
(1) By means of debt bondage or making an explicit or implicit coercive threat; or
(2) When, in fact, the other person is:
(A) Under 18 years of age; or
(B) A vulnerable adult.
(b) Second degree. A person commits second degree sexual contact between a person and animal when the person knowingly engages in a sexual contact with an animal.
(c) Defenses. It is an affirmative defense to liability under this section if the conduct constituting an offense is one of the following acts that is otherwise lawful:
(1) The practice of veterinary medicine, performed by a licensed veterinarian or a certified veterinary technician under the guidance of a licensed veterinarian;
(2) Artificial insemination of animals for the purpose of procreation;
(3) Animal husbandry practices, including raising, breeding or assisting with the birthing process of animals; or
(4) Any other practice that provides care for animals or conformation judging.
(d) Penalties. A person convicted of:
(1) First degree sexual contact between a person and animal shall be fined no more than the amount set forth in § 22-3571.01, or incarcerated for no more than 2 years, or both.
(2) Second degree sexual contact between a person and animal shall be fined no more than the amount set forth in § 22-3571.01, or incarcerated for no more than 180 days, or both.
(e) Definitions. For the purposes of this section, the term:
(1) “Coercive threat” means a communication that, unless the recipient of the communication complies, a person will:
(A) Engage in conduct that, in fact, constitutes a criminal offense;
(B) Take or withhold action as a public official, or cause a public official to take or withhold action;
(C) Accuse a person of a crime;
(D) Expose a secret, publicize an asserted fact, or distribute a photograph, video or audio recording, regardless of the truth or authenticity of the secret, fact, or item, that tends to subject another person to, or perpetuate:
(i) Hatred, contempt, ridicule, or other significant injury to personal; or
(ii) Significant injury to credit or business reputation;
(E) Notify a federal, state, or local government agency or official of, or publicize, another person's immigration or citizenship status;
(F) Restrict a person's access to either a controlled substance that the person owns or a prescription medication that the person owns; or
(G) Cause any harm that is sufficiently serious, under all the circumstances, to compel a reasonable person of the same background and in the same circumstances as the complainant to comply.
(2) “Debt bondage” means the status or condition of a person who provides services or commercial sex acts for a real or alleged debt, where:
(A) The value of the services or commercial sex acts, as reasonably assessed, is not applied toward the liquidation of the debt;
(B) The length and nature of the services or commercial sex acts are not respectively limited and defined; or
(C) The amount of the debt does not reasonably reflect the value of the items or services for which the debt was incurred.
(3) “Sexual contact” means an act between a person and an animal for the purpose of sexual arousal, sexual gratification, abuse, or financial gain that involves:
(A) Contact between the sex organs or anus of one and the mouth, anus or sex organs of the other;
(B) Touching or fondling by a person of the sex organs or anus of an animal, either directly or through clothing, without a bona fide veterinary or animal husbandry purpose;
(C) A transfer or transmission of semen by the person upon any part of the animal; or
(D) The insertion, however slight, of a part of a person's body or an object into the vaginal or anal opening of an animal or the insertion of a part of the animal's body into the vaginal or anal opening of the person.
(4) “Veterinary purpose” means the practice of veterinary medicine, performed by a licensed veterinarian or a certified veterinary, intended to address the medical condition of an animal, such as an existing or recurring illness, infection, disease, injury, or abnormal condition that compromises the animal's health. The term “veterinary purpose” does not include cosmetic or aesthetic reasons or reasons of convenience in keeping or handling the animal.
(5) “Vulnerable adult” means a person who is 18 years of age or older and has one or more physical or mental limitations that substantially impairs the person's ability to independently provide for their daily needs or safeguard their person, property, or legal interests.
Credits
(Aug. 23, 1871, Leg. Assem., p. 135, ch. 106, § 11a, as added Apr. 21, 2023, D.C. Law 24-346, § 3(c), 70 DCR 570.)
§ 22-1012.02. Creating or distributing an obscene image of an animal.
(a) First degree. A person commits first degree creating or distributing an obscene image of an animal when the person knowingly creates a photo, audio recording, video recording, or audiovisual recording that depicts a real person engaging in actual sexual contact with a real animal.
(b) Second degree. A person commits second degree creating or distributing an obscene image of an animal when the person:
(1) Knowingly distributes a photo, audio recording, video recording, or audiovisual recording; and
(2) Is reckless as to the fact that the photo, audio recording, video recording, or audiovisual recording depict sexual contact with an animal.
(c) Defenses. It is an affirmative defense to liability under this section if:
(1) The distribution is made in the public interest, including the reporting of unlawful conduct, the lawful and common practices of law enforcement, or legal proceedings; or
(2) The photo, audio recording, video recording, or audiovisual recording that depicts the following acts that are otherwise lawful:
(A) The practice of veterinary medicine, performed by a licensed veterinarian or a certified veterinary technician under the guidance of a licensed veterinarian;
(B) Artificial insemination of animals for the purpose of procreation;
(C) Animal husbandry practices, including raising, breeding, or assisting with the birthing process of animals; or
(D) Any other practice that provides care for animals or conformation judging.
(d) Penalties. A person convicted of:
(1) First degree creating or distributing an obscene image of an animal shall be fined no more than the amount set forth in § 22-3571.01, or incarcerated for no more than 180 days, or both.
(2) Second degree creating or distributing an obscene image of an animal shall be fined no more than the amount set forth in § 22-3571.01, or incarcerated for no more than 90 days, or both.
(e) Definitions. For the purposes of this section, the term:
(1) “Sexual contact” means an act between a person and an animal for the purpose of sexual arousal, sexual gratification, abuse, or financial gain that involves:
(A) Contact between the sex organs or anus of one and the mouth, anus or sex organs of the other;
(B) Touching or fondling by a person of the sex organs or anus of an animal, either directly or through clothing, without a bona fide veterinary or animal husbandry purpose;
(C) A transfer or transmission of semen by the person upon any part of the animal; or
(D) The insertion, however slight, of a part of a person's body or an object into the vaginal or anal opening of an animal or the insertion of a part of the animal's body into the vaginal or anal opening of the person.
(2) “Veterinary purpose” means the necessity to address the medical condition of the animal, such as an existing or recurring illness, infection, disease, injury, or abnormal condition in the claw that compromises the animal's health. The term “veterinary purpose” does not include cosmetic or aesthetic reasons or reasons of convenience in keeping or handling the animal.
Credits
(Aug. 23, 1871, Leg. Assem., p. 135, ch. 106, § 11b, as added Apr. 21, 2023, D.C. Law 24-346, § 3(c), 70 DCR 570.)
§ 22-1012.03. Unlawful cat declawing.
(a) Offense. A person commits unlawful cat declawing if that person knowingly performs, or causes to be performed, a partial or complete onychectomy, phalangectomy, or tendonectomy procedure (“declawing”), by any means, on a cat, except when necessary for a veterinary purpose.
(b) Penalties. A person convicted of unlawful cat declawing shall be fined no more than the amount set forth in § 22-3571.01, or incarcerated for no more than 90 days, or both.
(c) Definitions. For the purposes of this section, the term “veterinary purpose” means the practice of veterinary medicine, performed by a licensed veterinarian or a certified veterinary, intended to address the medical condition of the animal, such as an existing or recurring illness, infection, disease, injury, or abnormal condition in the claw that compromises the animal's health. The term “veterinary purpose” does not include cosmetic or aesthetic reasons or reasons of convenience in keeping or handling the animal.
Credits
(Aug. 23, 1871, Leg. Assem., p. 135, ch. 106, § 11c, as added Apr. 21, 2023, D.C. Law 24-346, § 3(c), 70 DCR 570.)
§ 22-1012.04. Additional penalties.
Upon conviction for a violation of §§ 22-1001, 22-1002, 22-1012.01, 22-1012.02, or 22-1012.03:
(1) The person shall, in addition to any other penalties provided by law, forfeit the animal whose treatment was the basis of the conviction to the custody of the Washington Humane Society; and
(2) A judge may order that the person shall not:
(A) Work in any capacity that requires the person to be in contact with an animal, including a commercial boarding or training establishment, shelter, animal control facility, pet shop, grooming facility, commercial breeder service, veterinary hospital, animal clinic, animal welfare society, or other nonprofit organization incorporated for the purpose of providing welfare, protection, and humane treatment of animals; or
(B) Harbor, own, possess or exercise control over an animal, reside in a household where any animals are present, or engage in an occupation, whether paid or unpaid, or participate in a volunteer position at any establishment where animals are present.
Credits
(Aug. 23, 1871, Leg. Assem., p. 135, ch. 106, § 11d, as added Apr. 21, 2023, D.C. Law 24-346, § 3(c), 70 DCR 570.)
In §§ 22-1001 to 22-1009, inclusive, and § 22-1011, the word "animals" or "animal" shall be held to include all living and sentient creatures (human beings excepted), and the words "owner," "persons," and "whoever" shall be held to include corporations and incorporated companies as well as individuals.
CREDIT(S)
(Aug. 23, 1871, Leg. Assem., p. 138, ch. 106, § 12; June 25, 1892, 27 Stat. 60, ch. 135, § 3.)
§ 22-1014. Docking tails of horses. [Repealed]
CREDIT(S)
(June 25, 1892, 27 Stat. 61, ch. 135, § 5; Mar. 2, 1911, 36 Stat. 1003, ch. 192; May 10, 1989, D.C. Law 7-231, § 29, 36 DCR 492; Apr. 29, 2004, D.C. Law 15-154, § 5, 50 DCR 10996.)
§ 22-1015. Penalty for engaging in animal fighting.
Recodified as § 22-1006.01.
Credits
(June 25, 1892, 27 Stat. 61, ch. 135, § 6a, as added June 8, 2001, D.C. Law 13-303, § 3(a), 47 DCR 7307; Dec. 5, 2008, D.C. Law 17-281, § 109, 55 DCR 9186.)