8

cumstances under which the organization is accountable, then such designation, description, or definition shall apply.

(b) STRICT CRIMINAL LIABILITY.-When strict criminal liability is imposed for the commission of an offense, a legislative purpose to impose such liability on an organization shall be assumed, unless the contrary plainly appears.

(c) AFFIRMATIVE DEFENSE.-In any prosecution of an organization for the commission of an offense, other than an offense for which strict criminal liability has been imposed, it shall be an affirmative defense that

(1) those agents having supervisory responsibility over the subject matter of the offense employed due diligence to prevent its commission; and

(2) the organization made a diligent effort to prevent the occurrence of the alleged criminal conduct.

Within the meaning of this subsection, due diligence is established if the organization provided supervision adequate to prevent the commission of the offense, even if there was a failure of acquiescence to proper supervision by the person committing the offense. Evidence that the organization failed to report the offense, although a supervisory agent of the organization had knowledge of the offense, may be considered evidence of a lack of due diligence.

(d) DEFENSE PRECLUDED.—It is not a defense to a prosecution under this section that an individual upon whose conduct liability of the organization for an offense is based has been acquitted, has not been prosecuted or convicted, has been convicted of a different offense, is immune from prosecution, or is otherwise not subject to justice.

(e) LIABILITY OF ORGANIZATION AS AN ENTITY.-A prosecution of an organization under this section shall be brought against the organization as an entity, under its corporate name or the name by which it is licensed, registered, or otherwise commonly does business. Any fine or other penalty imposed upon the organization shall be imposed upon it as an entity, and no individual shareholder, partner, or associate shall be liable for the organization's fine or other penalty out of personal assets.

(f) DEFINITION.-As used in this section, the term "agent" means any person who acts on behalf of, and whose activities are supervised or controlled by, an organization. In the case of a partnership, the term also includes any member of the partnership.

§ 22-112. LIABILITY OF AN AGENT FOR CONDUCT OF AN ORGANIZATION.

(a) IN GENERAL.-A person is criminally liable for any conduct constituting an offense which that person performs or causes to be performed in the name of an organization or on its behalf to the same extent as if it were performed in that person's own name or behalf.

(b) DUTY TO ACT.-Whenever a duty to act is imposed by law upon an organization, any agent of the organization having significant responsibility for the discharge of the duty is criminally liable for an offense based upon an omission to perform the duty, if that person has the state of mind required for the commission of the offense, to the same extent as if the duty were imposed upon that person directly.

9

(c) FAILURE TO SUPERVISE.-If a person responsible for supervising particular activities on behalf of an organization recklessly fails to supervise those activities adequately and, but for such failure to supervise the offense would not have occurred, such person is criminally liable for the offense, except that, even if the offense committed by the organization is a felony, the person is liable under this subsection only for a Class - misdemeanor.

§ 22-120. TIME LIMITATIONS.

(a) HOMICIDE IN THE FIRST DEGREE.-A prosecution for homicide in the first degree may be commenced at any time.

(b) APPLICABLE PERIOD GENERALLY.-Except as otherwise provided in subsection (a) or (c), prosecutions for offenses are subject to the following period of limitations:

(1) A prosecution for a felony is barred if not commenced within six years after it is committed.

(2) A prosecution for a misdemeanor is barred if not commenced within three years after it is committed.

(c) EXTENDED PERIOD.-Even if barred by the provisions of subsection (b), a prosecution for a felony or a misdemeanor may be brought within three years—

(1) after a public officer or employee has left office, for any completed offense based on misconduct in office; or

(2) after a fraud or breach of fiduciary trust has been or reasonably should have been discovered, for any completed offense based on that fraud or breach of fiduciary trust.

In no case shall this provision extend the period of limitations to more than nine years in the case of a felony, nor more than six years in the case of a misdemeanor.

(d) TIME WHEN OFFENSE COMMITTED.-An offense is committed either when every element occurs, or, if a legislative purpose to prohibit a continuing course of conduct plainly appears, at the time when the course of conduct or the defendant's complicity therein is terminated. Time starts to run on the day after the offense is committed or completed.

(e) COMMENCEMENT OF PROSECUTION.-A prosecution is commenced when

(1) an indictment is entered; or

(2) an information is filed; or

(3) a complaint is filed before a judicial officer empowered to issue an arrest warrant, provided that such warrant is issued and executed without unreasonable delay.

(f) SUSPENSION OF PERIOD OF LIMITATION.-The period of limitation does not run

(1) during any time when the actor is continuously absent from the District of Columbia or has no reasonably ascertainable place of abode or work within the District of Columbia, but in no case shall this provision extend the period of limitation otherwise applicable by more than three years; or

(2) during any time when a prosecution against the actor for the same conduct is pending in the District of Columbia.

CHAPTER 2. INCHOATE OFFENSES

Chap. 2. Inchoate offenses.

Sec. 22-201. Criminal Attempt.

Sec. 22-202. Criminal Solicitation.

Sec. 22-203. Criminal Conspiracy.

Sec. 22-210. General Provisions for Chapter 2.

§ 22-201. CRIMINAL ATTEMPT.

(a) OFFENSE.-A person is guilty of criminal attempt if, acting with the state of mind required for the commission of a particular crime, that person intentionally commits an overt act corroborative of the intent that the crime be completed. The act must go beyond mere preparation and must carry the criminal venture forward to within. dangerous proximity of the criminal end sought to be attained.

(b) AFFIRMATIVE DEFENSE.-It is an affirmative defense to a prosecution under this section that under circumstances manifesting a voluntary and complete renunciation of criminal intent, the defendant avoided the commission of the crime attempted by abandoning the criminal effort and, if mere abandonment was insufficient to accomplish such avoidance, by taking affirmative steps that prevented the commission of the crime.

(c) DEFENSE PRECLUDED.-It is not a defense to a prosecution under this section that the crime attempted was completed.

(d) GRADING.-Criminal attempt is an offense of the class next below that of the crime attempted.

§ 22-202. CRIMINAL SOLICITATION.

(a) OFFENSE.-A person is guilty of criminal solicitation if, with intent that another person engage in specific conduct constituting a crime which is graded as a Class A or Class B felony, whether as principal or accomplice, that person commands, induces, entreats, or otherwise endeavors to persuade such other person to engage in such conduct. A person is not guilty of criminal solicitation unless there are circumstances strongly corroborative of that person's criminal intent. (b) AFFIRMATIVE DEFENSE.-It is an affirmative defense to a prosecution under this section that, under circumstances manifesting a voluntary and complete renunciation of criminal intent, the defendant prevented the commission of the crime solicited.

(c) DEFENSE PRECLUDED.-It is not a defense to a prosecution under this section that the person solicited could not be convicted of the crime because that person lacked the state of mind required for commission of the crime, was incompetent or irresponsible, or is immune from prosecution or otherwise not subject to prosecution.

(d) GRADING.-Criminal solicitation is a Class felony if the crime solicited is a Class A felony, and is a Class A misdemeanor if the crime solicited is a Class B felony.

11

§ 22-203. CRIMINAL CONSPIRACY.

(a) OFFENSE.-A person is guilty of criminal conspiracy if that person knowingly agrees with one or more other persons to commit a criminal offense, and any party to that agreement commits an overt act with the intent to accomplish any objective of that agreement. If that person knows, or has reasonable cause to believe, that any party with whom that person has agreed has also agreed or will agree with any additional person to effect the same objective, that person is guilty of a criminal conspiracy with any such additional person, even though the identity of such additional person may be unknown.

(b) AGREEMENT TO COMMIT MORE THAN ONE OFFENSE.-A person who agrees to commit more than one criminal offense is guilty of only one criminal conspiracy when such criminal offenses are the object of the said agreement or a continuous agreement.

(c) LIMITATION ON SENTENCING.-A person convicted both of a criminal conspiracy and of a criminal offense, or of an attempt to commit a criminal offense, which was an objective of the conspiracy, may be sentenced for the conspiracy or for the criminal offense which was completed or attempted, but not for both.

(d) DURATION OF A CONSPIRACY.-A conspiracy shall be deemed to continue until its objectives are accomplished, frustrated, or abandoned. The objectives of a conspiracy may include escape from the scene of the crime, distribution of fruits of the crime, and measures, other than silence, for concealing the crime or obstructing justice in relation to it. A conspiracy shall be deemed to have been abandoned if, during the applicable period of limitations, no overt act to effect its objectives has been committed by any conspirator.

(e) AFFIRMATIVE DEFENSE.-It is an affirmative defense to a prosecution under this section that, under circumstances manifesting a voluntary and complete renunciation of criminal intent, the defendant withdrew from the agreement to commit a criminal offense and took affirmative steps to prevent the commission of every criminal offense that was an objective of the conspiracy.

(f) DEFENSE PRECLUDED.-It is not a defense to a prosecution under this section that one or more of the persons with whom the defendant is alleged to have conspired has been acquitted, has not been prosecuted or convicted, has been convicted of a different offense, was incompetent or irresponsible, or is immune from or otherwise not subject to prosecution.

(g) JURISDICTION. In addition to jurisdiction over conspiracies occurring entirely within the District of Columbia, the District of Columbia shall have jurisdiction over conspiracies occurring under the following circumstances:

(1) When the objective of a conspiracy entered into wholly or partially within the District of Columbia is to engage in conduct in a jurisdiction outside the District of Columbia which would constitute a criminal offense in the District of Columbia if performed therein, the conspiracy is a violation of this section if (A) such conduct would also constitute a criminal offense under the laws of the other jursidiction if performed therein, or (B) such conduct would constitute a criminal offense in the District of Columbia even if performed outside the District of Columbia.

12

(2) A conspiracy entered into wholly or partially in another jurisdiction to engage in conduct within the District of Columbia which would constitute a criminal offense in the District of Columbia if performed within the District of Columbia is a violation of this section when a substantial overt act pursuant to the conspiracy is committed within the District of Columbia. Under such circumstances, it is immaterial and no defense to a prosecution for conspiracy that the conduct which is the objective of the conspiracy would not constitute a criminal offense under the laws of the other jurisdiction.

(h) GRADING.-[Not included.]

§ 22-210. GENERAL PROVISIONS FOR CHAPTER 2.

(a) INAPPLICABILITY TO OTHER INCHOATE CRIMES.-It is not an offense under this chapter to attempt to commit, to solicit the commission of, or to conspire to commit a criminal attempt, a criminal solicitation, or a criminal conspiracy.

(b) LIMITATION ON AFFIRMATIVE DEFENSE OF RENUNCIATION.-In any prosecution under this chapter in which an affirmative defense of voluntary and complete renunciation is asserted, the prosecution may negate the claim that a renunciation is voluntary and complete by proof that the renunciation was motivated in whole or in part by

(1) a belief that a change of circumstances existed which increased the probability of detection or apprehension of the defendant or another participant in the crime; or

(2) a decision to postpone the criminal conduct until another time or to substitute another victim or another similar objective.