1. (a) Beginning one year after October 1, 2020, a person commits the offense of unlawful distribution of a prohibited animal product if that person knowingly imports, sells, offers for sale, purchases, barters, trades, or possesses with intent to sell a prohibited animal product.

2. (b) Notwithstanding subsection (a) of this section, a person does not commit the offense of unlawful distribution of a prohibited animal product if the person:

   1. (1) Bequeaths the prohibited animal product to the legal beneficiary of an estate or trust upon the death of the owner;
   2. (2) Gifts or donates the prohibited animal product without remuneration;
   3. (3) Is a government employee or agent conducting law enforcement activities pursuant to federal, state, or local law;
   4. (4) Is an educational or scientific institution that imports, sells, offers for sale, purchases, barters, trades, or possesses with intent to sell a prohibited animal product for educational or scientific purposes;
   5. (5) Is engaging in an activity that is expressly authorized by federal law or a permit issued pursuant to federal law;

   6. (6) Imports, sells, offers for sale, purchases, barters, trades, or possesses with intent to sell a prohibited animal product that is part of an antique that:

      1. (A) Is composed of not more than 20% of a prohibited animal product by volume; and
      2. (B) The person can, through documentation, establish provenance and demonstrate that the antique is at least 100 years old; or

   7. (7) Imports, sells, offers for sale, purchases, barters, trades, or possesses with intent to sell a prohibited animal product that is part of a musical instrument that:

      1. (A) Is composed of less than 20% of a prohibited animal product by volume; and
      2. (B) The person can establish provenance and demonstrate that the musical instrument was manufactured before 1976.
3. (c) The act of obtaining an appraisal of a prohibited animal product alone shall not constitute possession with intent to sell or offer for sale.

Applicability of D.C. Law 23-126: § 6 of D.C. Law 23-126 provided that the creation of this section by § 3 of D.C. Law 23-126 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

History

Aug. 6, 2020, D.C. Law 23-126, § 3

Applicability

Applicability of D.C. Law 23-126: § 6 of D.C. Law 23-126 provided that the creation of this section by § 3 of D.C. Law 23-126 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Section 7082 of D.C. Law 23-149 repealed section 6 of D.C. Law 23-126 removing the applicability provision impacting this section. Therefore, the creation of this section by Law 23-126 has been implemented.

Section 7082 of D.C. Law 23-149 repealed section 6 of D.C. Law 23-126 removing the applicability provision impacting this section. Therefore, the creation of this section by Law 23-126 has been implemented.