A D.C. Council committee today heard testimony on a bill that would increase penalties for those who participate in “flash robs” and another bill that would allow police to arrest someone for indecent exposure or sexual harassment without first getting a warrant.
Under the first bill, introduced by D.C. Council Chair Phil Mendelson, those that participate as a group in the planned robbery of goods from a store could be charged for the aggregate value of what they steal, instead of what each individual steals. If 50 people come together to each steal $20 worth of merchandise from a store, Mendelson explained, any of those caught could be charged for the full $1,000 of goods taken—increasing the crime from a misdemeanor to first-degree felony theft.
The bill, which was motivated by social media-organized flash mobs—known as “flash robs”—that have hit Montgomery County stores in recent months, drew opposition from the D.C. Public Defender’s office, which said that existing conspiracy or aiding and abetting statutes could be used instead. In her testimony, the office’s Laura Hankins also said that the bill was unconstitutional, since it would violate the Due Process clause by charging an individual for a crime they didn’t specifically commit.
The second bill, introduced by Councilmember Muriel Bowser (D-Ward 4), would allow police in D.C. to arrest someone without a warrant if they had probable cause to believe an individual did something lewd, sexual or indecent. Under existing law, police would either need to personally witness the act or get a warrant to make an arrest. The bill was introduced after hearings in the spring in which women complained of being sexually harassed on the Metro.
Leslie Campbell, the Deputy Chief of Metro Police, spoke in favor of the bill, saying it would make cracking down on sexual harassment easier and would harmonize laws between D.C. and Maryland. Currently, Maryland allows probable cause misdemeanor arrests, while D.C. and Virginia don’t.
Martin Austermuhle