Criminal proceedings

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(a) The recovery of damages from the alleged offender shall not prohibit criminal prosecution of the alleged offender.

(b) The recovery of civil damages by a merchant or a finding of liability under this subchapter shall not be admissible in a criminal proceeding.

(c) A conviction or plea of guilty of fraud, shoplifting, or theft is not a prerequisite to the maintenance of a civil action authorized by this subchapter.

(May 16, 1992, D.C. Law 9-98, § 4, 39 DCR 678; July 22, 1992, D.C. Law 9-132, § 4(a), 39 DCR 4058; Sept. 29, 1992, D.C. Law 9-163, § 5(a), 39 DCR 5705.)

Prior Codifications

1981 Ed., § 3-443.

Emergency Legislation

For temporary addition of chapter, see §§ 2-7 of the Merchant’s Civil Recovery for Criminal Conduct Emergency Act of 1991 (D.C. Act 9-110, November 25, 1991, 38 DCR 7304).

For temporary addition of chapter, see §§ 2-7 of the Merchant’s Civil Recovery for Criminal Conduct Congressional Recess Emergency Act of 1992 (D.C. Act 9-155, February 21, 1992, 39 DCR 1354).

Temporary Legislation

For D.C. Law 9-97, see note to § 27-101.

Section 4(a) of D.C. Law 9-132 in (a) inserted “not”.

Section 5(b) of D.C. Law 9-132 provided that the act shall expire on the 225th day of its having taken effect.

Editor's Notes

Because of the codification of D.C. Law 20-34 as subchapter II of this chapter, and the designation of the preexisting text of Chapter 1 as subchapter I, “subchapter” has been substituted for “chapter”, where applicable, in this section.


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