Prosecution Upon Complaint Offenses

Only a limited number of specific crimes in D.C. require victim initiation, involving harms that are primarily private or relate to confidential matters where the public interest in automatic prosecution is less direct:

• Defamation of the Deceased: Requires a family member to initiate a complaint for knowingly false statements damaging a deceased person's reputation.
• Simple Verbal Insults: Criminal charges proceed only if the target files a complaint for severe verbal insults without physical threats. The insult must be specifically targeted to trigger enforcement.
• Invasion of Personal Confidentiality: Unauthorized opening of letters or accessing digital records (§ 22–3226.01) are misdemeanors unless the complainant initiates the process.
• Breach of Professional Confidentiality: Disclosing client secrets by licensed professionals requires a formal complaint from the injured party for any criminal action to commence.
• Family-Related Property Crimes: Crimes like theft or fraud among close relatives are often non-prosecutable without a victim’s complaint, respecting the sensitive nature of intra-family disputes.
• Non-Commercial Copyright Infringement: Criminal enforcement is deferred unless the rights holder files a formal complaint for non-commercial acts (17 U.S.C. §506).
• Patent Confidentiality Breaches: Prosecution (35 U.S.C. §122) is typically complaint-driven for disclosing unpublished patent applications, reflecting the need for claimant initiation due to confidentiality concerns.

Complaints for Prosecution Upon Complaint Offenses may be filed in writing or verbally at a police department or the Office of the Attorney General. When made orally, the officer must formally document the complaint in writing to create an official, verifiable record of the victim's initiation. The completed form must include key details: the identity of the alleged offender, the date and location of the offense, and any supporting evidence.

Valid complainants are restricted by law to those directly affected or legally representing the victim:

• The direct victim of the crime.
• A legal guardian if the victim is a minor or incapacitated.
• Immediate family members if the victim is deceased.

The complaint must be filed within six months of the date the complainant learned the identity of the offender (§ 23–103). This time limit is crucial, as filing beyond this period may render the complaint inadmissible for the Prosecution Upon Complaint Offense.

If the complainant notifies the court or prosecution office that they do not wish to pursue the case any further, and the charge is specifically one requiring a formal complaint, the court is legally compelled to dismiss the case. This dismissal is mandatory, providing a strong incentive for the defendant to seek resolution. Once the complaint is formally withdrawn, the essential legal basis for prosecuting the Prosecution Upon Complaint Offense legally vanishes, regardless of the evidence or admission of guilt.

Prosecution Upon Complaint Offenses are distinct from “Non-Consensual Prosecution Waiver Offenses” (crimes that proceed without a complaint but may be dropped if the victim explicitly non-consents). The crucial difference is the absolute necessity of the victim's initial positive action (the formal filing of a complaint) for the Prosecution Upon Complaint Offense to legally begin.