A. The changes to the disorderly conduct laws become effective on February 1, 2011, at 12:01 a.m.

Transcription

1 CIRCULAR DISTRICT OF COLUMBIA Title Disrderly Cnduct Tpic/Number CIR Effective Date January 21, 2011 Expiratin Date: January 21, 2012 I. PURPOSE The purpse f this circular is t infrm members f the enactment f the Disrderly Cnduct Amendment Act f 2010, which revises several f the District s disrderly cnduct laws. A. The changes t the disrderly cnduct laws becme effective n February 1, 2011, at 12:01 a.m. B. All members are required t: 1. Review this circular; 2. Affirm review f the circular in the SiTELMS mdule, Circular Disrderly Cnduct Certificatin; and 3. Take and pass the SiTELMS Disrderly Cnduct training mdule. C. As f February 1, 2011, n member f the Metrplitan Plice Department shall make r apprve an arrest fr disrderly cnduct withut first having cmpleted the requirements set frth in Part I.B.1-2 f this circular. In additin, all members shall cmplete the requirement in Part I.B.3 befre February 8, Please nte that while this circular will expire n January 21, 2012, the changes made t the District s disrderly cnduct laws as described in this circular are permanent until such time as the law is amended. II. INTRODUCTION It is imprtant fr law enfrcement t address disrderly incidents in the cmmunity with a measured and thughtful respnse. Disrderly cnduct is a challenging issue fr cmmunities, individuals, and plice. Laws n disrderly cnduct r disturbing the peace ften apply in situatins where cmmunity and individual interests cme int cnflict. During these situatins, plice are ften called upn t reslve the cnflict either thrugh mediatin, de-escalatin, r, if necessary, arrest. Althugh the new legislatin mdernizes the District s disrderly cnduct laws parts f

2 DISORDERLY CONDUCT (CIR-11-01) 2 f 11 which date back t 1892 there is n quick legislative slutin t ease fundamental tensins between cmmunity and individual rights. Fr instance, cmmunity members may want t reslve disrder issues as quickly as pssible, ptentially with an arrest t take the ffender ut f the neighbrhd. Hwever, plice are swrn t prtect individual rights, and must carefully balance any cmpeting interests. It is imprtant fr fficers t determine whether an individual is actually breaking the law, r is just annying thers. In particular, it is critical that members nt base any disrderly cnduct arrests n an individual s cnduct r language tward an fficer. Disrderly cnduct arrests based merely n a persn s language, gestures, r attitude tward law enfrcement are nt lawful arrests. Anther challenge with disrderly cnduct is that individuals may nt believe that their behavir is vilating any law. S in additin t whatever disrder they are already causing, they may be resistant t r defensive abut plice interactin. An fficer shuld attempt t reslve the situatin with ther means befre making an arrest. Educatin and negtiatin are strng tls fr addressing disrder issues. This circular and the SiTELMS Disrderly Cnduct training mdule are the first steps in training n these new laws. The circular prvides the exact language f the new law, as well as key pints fr enfrcement. The SiTELMS Disrderly Cnduct training mdule prvides mre detailed enfrcement scenaris. The 2011 Prfessinal Develpment Training includes a 90-minute sessin fcused n key principles and scenaris fr the disrderly cnduct laws. III. ROLES AND RESPONSIBILITIES A. Members 1. As f midnight, February 1, 2011, n member shall make an arrest fr disrderly cnduct withut having: a. Reviewed this circular; and b. Affirmed review f the circular in the SiTELMS mdule, Circular Disrderly Cnduct Certificatin. 2. As f midnight, February 8, 2011, n member shall make an arrest fr disrderly cnduct withut having taken and passed the SiTELMS mdule, Disrderly Cnduct. A teletype will be issued as sn as this is available nline. 3. Members making arrests under disrderly cnduct laws: a. Are reminded that they are nt prbable cause misdemeanrs. Officers must witness the ffense in rder t make an arrest, r seek an arrest warrant. b. Shall prvide a clear and detailed narrative t supprt a specific disrderly cnduct charge.

3 DISORDERLY CONDUCT (CIR-11-01) 3 f 11 NOTE: There is n lnger an arrest and bking cde t supprt a general r ther disrderly cnduct charge. The arrestee must be bked using a specific arrest charge. 4. Members are encuraged t submit questins r detailed scenaris t disrderly.questins@dc.gv. B. Supervisrs NOTE: The answers t frequently asked questins will be prvided t members, and used in fllw-up training thrughut As f midnight, February 1, 2011, n supervisr shall sign ff n an arrest fr disrderly cnduct withut having: a. Reviewed this circular; b. Affirmed review f the circular in the SiTELMS mdule, Circular Disrderly Cnduct Certificatin; and c. Ensured that the arresting member has als cmplied with Parts III.A.1 and III.A.3 f this circular. 2. As f midnight, February 8, 2011, n supervisr shall sign ff n an arrest fr disrderly cnduct withut having: a. Taken and passed the SiTELMS mdule, Disrderly Cnduct; and b. Ensured that the arresting member has als cmplied with Parts III.A.1-3 f this circular. IV. KEY CHANGES Althugh there are many changes in the law, the tw mst significant changes are as fllws: A. Abusive language r gestures directed at an fficer is nt a crime. The new statute specifically excludes ffensive r abusive language r gestures directed at a law enfrcement fficer acting in an fficial capacity frm the criminal ffense. Arrests fr disrderly cnduct based n language r gestures directed slely at an fficer are nt lawful arrests. B. Lud and Bisterus is n lnger a valid charge. The Lud and Bisterus charge has been repealed. With certain specific exceptins that are discussed belw, merely being lud is nt a criminal ffense. V. REVISED DISORDERLY CONDUCT LAWS Charge Page Blcking Passage...4 Lewd, Indecent r Obscene Acts...5 Disturbing Religius Cngregatin (Repealed)...5 Disrderly Cnduct: Causing Unreasnable Fear...5

4 DISORDERLY CONDUCT (CIR-11-01) 4 f 11 Disrderly Cnduct: Inciting Vilence...6 Disrderly Cnduct: Abusive Language r Gestures...7 Disrupting a Gathering r Cngregatin...8 Disrupting use f a Public Cnveyance...8 Nise at Night...9 Urinating r Defecating in Public...9 Peeping Tm...10 Jstling...10 Illegal Gambling...10 Table...11 A) Prhibits Blcking Passage It is unlawful fr a persn, alne r in cncert with thers, t crwd, bstruct, r incmmde the use f any street, avenue, alley, rad, highway, r sidewalk, r the entrance f any public r private building r enclsure r the use f r passage thrugh any public cnveyance, and t cntinue r resume the crwding, bstructing, r incmmding after being instructed by a law enfrcement fficer t cease the crwding, bstructing, r incmmding. Need t Knw Ntes fr Three r mre peple are n lnger required. Members must give a warning, which remains valid fr a reasnable perid f time. Officers may nt make an arrest fr Failure t mve n. Vilatrs need nly stp the prhibited cnduct (i.e., stp crwding, bstructing, r incmmding). They d nt necessarily need t leave the lcatin in rder t cmply with an rder t cease the crwding, bstructing, r incmmding. What lcatin is being crwded, bstructed r incmmded? Hw are the defendant(s) crwding, bstructing r incmmding? What specific warning was given? Wh gave it and at what time? Hw many warnings were given? Did the defendant(s) cease and subsequently resume crwding, bstructing r incmmding? Hw much time elapsed befre the defendant(s) resumed crwding, bstructing r incmmding? Hw much time was given between the warning(s) and arrest? D.C. Official Cde

5 DISORDERLY CONDUCT (CIR-11-01) 5 f 11 B) Prhibits Need t Knw Lewd, Indecent r Obscene Acts It is unlawful fr a persn, in public, t make an bscene r indecent expsure f his r her genitalia r anus, t engage in masturbatin, r t engage in a sexual act. It is unlawful fr a persn t make an bscene r indecent sexual prpsal t a minr. It is nt nly illegal fr a persn t expse his r her genitalia, but their anus as well. Hwever, merely being naked is nt against the law. The law applies t sexual acts as defined in D.C. Official Cde (8): (A) The penetratin, hwever slight, f the anus r vulva f anther by a penis; (B) Cntact between the muth and the penis, the muth and the vulva, r the muth and the anus; r (C) The penetratin, hwever slight, f the anus r vulva by a hand r finger r by any bject, with an intent t abuse, humiliate, harass, degrade, r aruse r gratify the sexual desire f any persn. (D) The emissin f semen is nt required fr the purpses f subparagraphs (A)-(C) f this paragraph. Obscene r indecent sexual prpsals t a minr are prhibited regardless f whether they are in public. Fr this ffense, there is a fairly brad definitin f public expsure that includes deliberate acts n private space that can be easily viewed n public space. Ntes fr If the act ccurs n private space, hw was it deliberate and hw was it viewed n public space? What did the fficer bserve? Clearly establish the age f the minr. Identify the exact wrds used that cnstituted an indecent prpsal t a minr. C) Need t Knw D) Prhibits D.C. Official Cde Disturbing Religius Cngregatin (Repealed) This sectin f the DC Cde has been repealed, and the ffense has been incrprated int (b) (see belw). D.C. Official Cde (Repealed) Disrderly Cnduct: Causing Unreasnable Fear In any place pen t the general public, and in the cmmunal areas f multi-unit husing, it is unlawful fr a persn t intentinally r recklessly act in such a manner as t cause anther persn t be in reasnable fear that a persn r prperty in a persn s immediate pssessin is likely t be harmed r taken. Need t Knw Ntes fr This includes behavir that may be menacing r intimidating, but stps shrt f vert threats. What specific behavir did the defendant engage in? Hw was it intentinal r reckless? Describe hw the behavir caused fear. A detailed statement frm a victim wuld be valuable in sustaining this charge. D.C. Official Cde (a)(1)

6 DISORDERLY CONDUCT (CIR-11-01) 6 f 11 E) Prhibits Disrderly Cnduct: Inciting Vilence In any place pen t the general public, and in the cmmunal areas f multi-unit husing, it is unlawful fr a persn t incite r prvke vilence where there is a likelihd that such vilence will ensue. Need t Knw Ntes fr This addresses situatins in which a persn(s) is trying t get thers t engage in vilent behavir under circumstances where vilence is likely t happen. Althugh fficers acting in an fficial capacity cannt be the target f the charge Disrderly Cnduct: Abusive Language r Gestures (see belw), it is pssible that smene can be charged with inciting vilence against a plice fficer, if the facts supprt that vilence was likely t ensure. This differs frm Riting r Inciting t Rit because a riting charge requires five r mre peple, as well as injury r prperty damage. What specific behavir did the defendant engage in? What specific language was used? Wh did the defendant try t incite t vilence, either directly r cnstructively? Wh r what was the intended target f the vilence? What was the reactin f the by-standers t the defendant s actins / speech? Hw des that demnstrate that vilence was likely t ensue? D.C. Official Cde (a)(2)

7 DISORDERLY CONDUCT (CIR-11-01) 7 f 11 F) Prhibits Disrderly Cnduct: Abusive Language r Gestures In any place pen t the general public, and in the cmmunal areas f multi-unit husing, it is unlawful fr a persn t direct abusive r ffensive language r gestures at anther persn (ther than a law enfrcement fficer while acting in his r her fficial capacity) in a manner likely t prvke immediate physical retaliatin r vilence by that persn r anther persn. Need t Knw Ntes fr Officers are prhibited frm arresting smene fr disrderly cnduct based n their language and gestures twards any fficer acting in an fficial capacity. Curts have repeatedly ruled that fficers are expected t be able t tlerate verbal abuse. Reacting t verbal abuse is nt nly pr plicing that diminishes law enfrcement's legitimacy and effectiveness in the cmmunity, but it als leads t unlawful arrests and t pssible discipline r criminal prsecutin f the arresting fficer. In situatins in which the verbal abuse is nt directed at an fficer but at a civilian, the Abusive Language charge can ptentially help an fficer t prevent imminent vilence. T meet the elements f this charge, the defendant s cnduct must be likely t prvke a vilent respnse, but the situatin desn t need t result in actual vilence. This statute encmpasses when a persn deliberately tries t prvke a vilent respnse frm anther persn by using fighting wrds. What specific behavir did the defendant engage in? What did he/she say? Qute the defendant verbatim. T whm was the language r gesture directed? What was the nature f the exchange between the parties? What factual basis exists t believe thers were likely t respnd vilently? D.C. Official Cde (a)(3)

8 DISORDERLY CONDUCT (CIR-11-01) 8 f 11 G) Prhibits Disrupting a Gathering r Cngregatin It is unlawful fr a persn t engage in lud, threatening, r abusive language, r disruptive cnduct, with the intent and effect f impeding r disrupting the rderly cnduct f a lawful public gathering, r f a cngregatin f peple engaged in any religius service r in wrship, a funeral, r similar prceeding. Need t Knw Ntes fr The event being disrupted must be a lawful public gathering, r a cngregatin engaged in religius service r wrship, r a funeral, r similar prceeding. Sme examples might include a public memrial service r gvernment meeting. A funeral r memrial service wuld nt need t be religius t be cvered. The persn must have bth the intent and the effect f impeding r disrupting the event. If a persn intended t impede r disrupt an event but n ne nticed him r her, then it is nt a vilatin f this law. Cnversely, if a persn inadvertently disrupts an event, it is nt a vilatin. The persn s cnduct must be lud, threatening, abusive, r disruptive. Merely standing quietly near an event with a sign with nn-threatening r abusive language wuld nt be a vilatin. Describe the gathering in sufficient detail t cnvey that it was a cvered event. What specific behavir did the defendant engage in? What specific language was used? Hw was the gathering disrupted and/r impeded? H) Prhibits D.C. Official Cde (b) Disrupting use f a Public Cnveyance It is unlawful fr a persn t engage in lud, threatening, r abusive language, r disruptive cnduct, which unreasnably impedes, disrupts, r disturbs the lawful use f a public cnveyance by ne r mre ther persns. Need t Knw Ntes fr The peple affected by the cnduct can be passengers r peratrs. Public cnveyances may include, but are nt limited t, buses, trains, train statins, taxis, and pedi-cabs. What was the public cnveyance? What specific behavir did the defendant engage in? What specific language was used? Hw did that behavir disrupt, impede, r disturb the use f the public cnveyance? Wh was affected by the behavir (i.e., passengers, drivers, ther emplyees)? D.C. Official Cde (c)

9 DISORDERLY CONDUCT (CIR-11-01) 9 f 11 I) Prhibits Nise at Night It is unlawful fr a persn t make an unreasnably lud nise between 10:00 p.m. and 7:00 a.m. that is likely t anny r disturb ne r mre ther persns in their residences. Need t Knw Ntes fr The cntent f speech, music r ther cmmunicatins is nt relevant. This law addresses the vlume f the cnduct, nt its cntent r meaning. The nise must ccur between 10:00 p.m. and 7:00 a.m. Yu shuld cnfirm the time with the dispatcher when making an arrest under this prvisin. The nise must be likely t anny r disturb ne r mre persns in their residences, nt ffices, stres, cars, etc. Hwever, it is nt required that the nise was heard by a persn in a hme, nly that it was likely t be heard. The nise des nt have t ccur n public space. The nise can ccur anywhere it is likely t anny r disturb peple in their residences, including in ther peple s hmes. When a nise cmplaint invlves a business that is regulated thrugh the city, such as a bar, restaurant r stre, the first step wuld be t refer it t the regulatry agency fr that business. An arrest shall nly be cnsidered after effrts have been made t reslve the cmplaint thrugh the ther regulatry agencies, and the District Cmmander and pssibly MPD General Cunsel have been cnsulted. What was the defendant ding that was causing the nise? Hw did the fficer cnfirm that the ffense ccurred between 10:00 p.m. and 7:00 a.m.? Where is/are the dwelling(s) lcated in relatinship t lcatin f the ffense? If n cmplaints were received abut the nise, hw did the fficer determine that the nise culd likely be heard frm the dwellings? Was anything dne t cnfirm this? Fr instance, culd the fficer hear the nise frm the ther end f the blck? J) Prhibits D.C. Official Cde (d) Urinating r Defecating in Public It is unlawful fr a persn t urinate r defecate in public, ther than in a urinal r tilet. Need t Knw Ntes fr Urinating in public used t be charged under disrderly cnduct because f judicial decisins. Urinating in public and defecating in public are nw explicitly prhibited under the law. As with all f these disrderly ffenses, this is nt a prbable cause misdemeanr. An fficer must see the ffense ccur. This includes urinating r defecating n private space within public view. Was the defendant seen urinating r defecating? Was it in public? What lcatin did it ccur in? If the act ccurs n private space, hw was it viewed n public space? D.C. Official Cde (e)

10 DISORDERLY CONDUCT (CIR-11-01) 10 f 11 K) Prhibits Need t Knw Ntes fr L) Prhibits Need t Knw M) Prhibits Need t Knw Peeping Tm It is unlawful fr a persn t stealthily lk int a windw r ther pening f a dwelling under circumstances in which an ccupant wuld have a reasnable expectatin f privacy. It is nt necessary that the dwelling be ccupied at the time the persn lks int the windw r ther pening. The new law includes a specific Peeping Tm prvisin, which had previusly been charged under disrderly cnduct thrugh judicial decisins. The law applies t dwellings as defined in D.C. Official Cde , meaning: any building r structure used r designed t be used in whle r in part as a living r a sleeping place by 1 r mre human beings. The reasn a persn lks int the dwelling is nt an element f this ffense. The dwelling des nt need t be ccupied. Hw was the suspect s manner f lking in the windw r ther pening stealthy? Fr instance, was the suspect standing t the side f a windw trying t peer in withut being seen? Wuld a persn in the dwelling have a reasnable expectatin f privacy? Fr example, smene standing in an pen frnt drway facing the street prbably culdn t have a reasnable expectatin f privacy. D.C. Official Cde (f) Jstling It is unlawful, under circumstances whereby a breach f the peace may be ccasined, t interfere with any persn in any public place by jstling against the persn, unnecessarily crwding the persn, r placing a hand in the prximity f the persn s handbag, pcketbk, r wallet. The nly change t the jstling ffense is that it has been expanded t include a persn placing his r hand in the prximity f smene s WALLET. Befre, it nly applied t a handbag r pcketbk. D.C. Official Cde (g) Illegal Gambling It shall be unlawful in the District t participate in any game f chance fr mney r prperty with dice, cards, r any gambling table r ther gambling device adpted, devised, and designed fr the purpse f playing any game f chance fr mney r prperty upn any public prperty r highway, r upn any vacant r unccupied prperty that is s near t a public highway that it is seen r heard frm the highway. This is what is cmmnly referred t as Disrderly, Craps. This ffense was nt revised in the new legislatin, hwever, because calling it disrderly cnduct has led t cnfusin and needless challenges in Curt, the Office f the Attrney General (OAG) has asked that MPD clarify the name f the ffense. DCMR

11 DISORDERLY CONDUCT (CIR-11-01) 11 f 11 Table The table belw includes cdes fr Arrest and Bking, and citatins t the D.C. Official Cde r District f Clumbia Municipal Regulatins (DCMR) fr arrests ften referred t as Disrderly Cnduct. Nt all f these ffenses have been revised in the new legislatin. Incident Type Arrest & Bking DC Cde / DCMR Peeping Tm (f) Lewd, Indecent, r Obscene Acts Disrderly (Jstling) (g) Illegal Gambling a 2409 DCMR Drinking in Public b Pssessin f an Open Cntainer f Alchl (POCA) b Urinating r Defecating in Public (e) Disrderly Cnduct in Public Building c Affrays b Panhandling b et seq Blcking Passage Disrderly, Causing Unreasnable Fear (a)(1) Disrderly, Inciting Vilence (a)(2) Disrderly, Abusive Language r Gestures (a)(3) Disrderly, Disrupting Gathering r Cngregatin (b) Disrderly, Disrupting Use f Public Cnveyance (c) Disrderly, Nise at Night (d) a Frmerly knwn as Disrderly, Craps. N change t law, just a clarificatin f the name. b N change t the law. c N change t the law. Nte, this is different frm Disrupting a Gathering r Cngregatin, as it nly applies t disrderly cnduct in a building r n the prperty belnging t the United States. CLL:PH:MOC:KDO Cathy L. Lanier Chief f Plice