Section 28-503. CLASS II OFFENSES

 

503.1The offenses set forth in this section shall be classified as major offenses.

 

503.2The Class II offense of bodily injury shall be defined as willfully subjecting any person to injury or offensive bodily contact.

 

503.3The Class II offense of homosexual activity shall be defined as engaging in physical contact with the genital parts or anus of another person of the same sex.

 

503.4The Class II offense of fighting shall be defined as any group of two (2) or more residents engaging in a physical altercation leading to the exchange of blows or substantial bodily contact.

 

503.5The Class II offense of lack of cooperation shall include any of the following:

 

(a)Willfully refusing to perform duties assigned or willfully refusing to work;

 

(b)Failing to respond to any question or direction of any employee of the Department of Corrections or other custodial official; or

 

(c)Willfully disobeying a valid order of a correctional officer or employee.

 

503.6The Class II offense of gambling shall include any of the following:

 

(a)Playing for money or other things of value at any game including, but not limited to, those played with cards or dice, or betting and wagering on the side or hands of those playing; or

 

(b)Organizing any game of chance, lottery, betting pool, or other wagering device.

 

503.7The Class II offense of threatening conduct shall include the following:

 

(a)Communicating an avowed present determination of intent to injure another person, committing a crime of violence, or committing an unlawful act dangerous to human life, presently or in the near future when the probable consequence of the threat or threats (whether the consequence in fact occurs or does not occur) would be one of the following:

 

(1)To place another person in fear of serious bodily injury;

 

(2)To cause evacuation of a building; or

 

(3)To otherwise cause serious disruption or alarm.

 

(b)Willfully compelling or inducing another person to engage in conduct from which the latter has a legal right to abstain or to abstain from conduct in which he or she has a legal right to engage, by means of instilling in that person a fear that, if the demand is not complied with, the accused resident or another will do any of the following:

 

(1)Cause bodily injury to someone;

 

(2)Cause damage to property; or

 

(3)Accuse someone of an offense or cause charges to be instituted against someone.

 

503.8The Class II offense of falsifying physical evidence shall include any of the following actions based on the knowledge or belief that a disciplinary proceeding or an official investigation is pending or about to be instituted:

 

(a)Altering, destroying, concealing, or removing anything with intent to impair its authenticity or availability in the proceeding or investigation;

 

(b)Presenting or using anything which the resident knows to be false with intent to deceive a correctional officer or anyone who is or will be a member of the proceeding or investigation.

 

503.9The Class II offense of lying shall be defined as willfully and knowingly making a false statement to a Department employee with intent to avoid disciplinary action for violation of an institutional regulation or to aid another inmate in avoiding disciplinary action.

 

503.10The Class II offense of possession of contraband shall include the following:

 

(a)Possession of any article that has not been issued by the institution, purchased from the canteen, or specifically authorized by the Administrator;

 

(b)Use of any article in a manner contrary to the intent or provisions of issuance, purchase, or authorization; or

 

(c)Possession of any paper money or coins.

 

503.11The Class II offense of creating a disturbance shall include the following:

 

(a)Willfully causing or creating substantial disorder characterized by unruly, tumultuous, or raucous conduct (violent or non-violent) which substantially disrupts orderly administration or creates an unreasonably annoying condition that has a direct tendency to provoke other residents to respond by committing an offense against persons, an offense against property, or an offense posing a threat to the security and good order of the institution; or

 

(b)Willfully creating or causing a disturbance involving violence or the concerted action of two (2) or more persons which does not create grave danger of injury to persons, damage to property, or substantial disruption of the normal functioning of the institution.

 

503.12The Class II offense of giving a false alarm shall be defined as willfully communicating a false report concerning a fire, explosion, the present commission of an assault, rape, or kidnapping, or other catastrophe to cause the evacuation of a building or the correctional staff to respond in alarm.

 

source

Final Rulemaking published at 28 DCR 865, 872-75 (February 27, 1981).