Washington D.C.

Affirmative Defense for ID Scanning in Washington D.C.

Washington D.C. does provide an affirmative defense for ID scanning in some cases, particularly for tobacco sales. However, there is no reference to affirmative defense for ID scanning for alcohol purchases in the Washington D.C. code.

According to the Washington D.C. Code, Section 25-1002 Alcoholic Beverage Regulation, no person under 21 years of age shall purchase, attempt to purchase, possess, or drink an alcoholic beverage in the District. Furthermore, no person shall falsely represent his or her age, or possess or present as proof of age an identification document which is in any way fraudulent, for the purpose of purchasing, possessing, or drinking an alcoholic beverage in the District.

For the purpose of determining valid representation of age, each person shall be required to present to the establishment owner or representative at least one form of valid identification, which shall have been issued by an agency of government (local, state, federal, or foreign) and shall contain the name, date of birth, signature, and photograph of the individual.

Sale of Tobacco to Minors

The Washington D.C. Code, Section 7-1721.02, Human Health Care & Safety, states that no person shall sell, give, or furnish any cigarette or other tobacco product to, or purchase any cigarette or other tobacco product on behalf of, any person under 18 years of age.

It is an affirmative defense to a violation of this law that, at the time of the relevant sale, the person who attempted to purchase the product was 18 years of age or older, or presented identification to the seller that a reasonably prudent person would believe to be valid under the same or similar circumstances.

Notification of Security Breach

According to the Washington D.C. Code, Section 28-3852, any person or entity who conducts business in the District of Columbia, and who, in the course of such business, owns or licenses computerized or other electronic data that includes personal information, and who discovers a breach of the security of the system, shall promptly notify any District of Columbia resident whose personal information was included in the breach¹. The notification shall be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, and with any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

Please note that this information is intended to provide a general overview and does not constitute legal advice. Always consult with a legal professional for advice specific to your situation