Tampering with Public Notices

In legal terms, the offense of Tampering with Public Notices includes interfering with seals, notices, tags, or posted warnings related to various governmental actions. These official markings are often related to: "Seizure or impoundment of property," "Eviction notices," "Public health or safety orders (e.g., condemned buildings, quarantine notices)," or "Property tags attached during civil enforcement or administrative orders." Such marks are typically posted by marshals, code enforcement officers, or other government officials, and their unauthorized removal or concealment is strictly seen as interference with lawful government administration.

Seizure stickers, commonly known as "red tags," are essential tools used by government agencies to establish authority and public notice over assets. These tags are posted for specific and critical reasons:

Even if the tagged property remains in use, altering the mark can nullify the state’s enforcement rights, turning simple removal into an act of Tampering with Public Notices.

Under D.C. Code §22–722, the act of obstruction of government functions, which explicitly includes Tampering with Public Notices, can be prosecuted as either a misdemeanor or a felony. The final classification hinges on the specific nature and resulting consequences of the act of interference. The potential penalties are substantial:

• "Up to 180 days imprisonment for general obstruction (misdemeanor)"
• "Up to 5 years imprisonment for acts that significantly interfere with lawful court orders (felony)"
• "Fines up to §5,000, based on the value or risk created by the tampering"

The court takes a dim view of any action that undermines its enforcement power, making a thorough legal defense essential.

Several typical scenarios in Washington D.C. may trigger prosecution for Tampering with Public Notices, demonstrating how easily one can run afoul of the law. These scenarios often involve an individual attempting to subvert or ignore a formal government action:

• "A tenant removes an eviction notice from a rental unit door"
• "A property owner tears down an impound tag on a vehicle"
• "A business conceals seizure notices before auction"
• "A manager transfers tagged assets to another location"

It is important to note that even partial removal, or merely covering the mark with tape or paper, may count as criminal interference, with the court’s decision often depending on the demonstrated intent and the resulting effect on the enforcement process.

The most effective defense against a charge of Tampering with Public Notices begins before the act occurs, focusing on verification and intent. Individuals should always take the following steps when encountering an official mark:

• Before Removal: "Verify whether the mark is part of an active legal action or government order," "Contact the posting authority (e.g., Marshal Service, DCRA, Department of Tax and Revenue)," and "Seek written confirmation that enforcement is concluded before removal."
• Post-Accusation: "Consult an attorney to review whether the enforcement was valid and ongoing," "Determine if intent to interfere can be legally disproven (e.g., misunderstanding, mistaken identity)," and "Negotiate for reduction from felony to misdemeanor based on factual circumstances."

Proper legal counsel can significantly influence the interpretation of the facts and the severity of the ultimate charge.

The D.C. Code is clear regarding the elements that constitute the offense of Tampering with Public Notices and the associated legal treatment. The following table summarizes how specific actions are viewed under D.C. law:

Understanding these defined elements is crucial for anyone facing charges related to interfering with government-imposed seals or notices.