§ 22–3212. Penalties for theft.

(a)(1) Theft in the first degree. – Any person convicted of theft in the first degree shall be fined no more than the amount set forth in § 22-3571.01, or incarcerated for no more than 10 years, or both, if:

(A) The value of the property obtained or used is $1000 or more; or

(B)(i) The person commits theft twice or more within a period of 6 months and the aggregate value of property obtained is $1000 or more.

(ii) When a person commits theft twice or more within a period of 6 months pursuant to sub-subparagraph (i) of this subparagraph, the thefts may be aggregated and charged in a single count, in which event they shall constitute a single offense.

(2) A conviction for first degree theft under paragraph (1)(C) of this subsection merges with any other conviction for robbery under § 22-2801, and malicious destruction of property under § 22-303, arising from the same act or course of conduct.

(3) For a person found guilty of 2 or more offenses that merge under this subsection, the sentencing court shall either:

(A) Vacate all but one of the offenses prior to sentencing according to the rule of priority in paragraph (4) of this subsection; or

(B) Enter judgment and sentence the actor for offenses that merge; provided, that:

(i) Sentences for the offenses run concurrent to one another; and

(ii) The convictions for all but, at most, one of the offenses shall be vacated after:

(I) The time for appeal has expired; or

(II) The judgment that was appealed has been decided.

(4) When convictions are vacated under paragraph (3)(A) of this subsection, the conviction that remains shall be the conviction for:

(A) The offense with the highest authorized maximum period of incarceration; or

(B) If 2 or more offenses have the same highest authorized maximum period of incarceration, any offense that the sentencing court deems appropriate.

(b) Theft in the second degree. — Any person convicted of theft in the second degree shall be fined not more than the amount set forth in § 22-3571.01 or imprisoned for not more than 180 days, or both, if the property obtained or used has some value.

(c) A person convicted of theft in the first or second degree who has 2 or more prior convictions for theft, not committed on the same occasion, shall be fined not more than the amount set forth in § 22-3571.01 or imprisoned for not more than 15 years and for a mandatory-minimum term of not less than one year, or both. A person sentenced under this subsection shall not be released from prison, granted probation, or granted suspension of sentence, prior to serving the mandatory-minimum.

(d) For the purposes of this section, a person shall be considered as having 2 or more prior convictions for theft if he or she has been convicted on at least 2 occasions of violations of:

(1) Section 22-3211;

(2) A statute in one or more jurisdictions prohibiting theft or larceny; or

(3) Conduct that would constitute a violation of section 22-3211 if committed in the District of Columbia.

(Dec. 1, 1982, D.C. Law 4-164, § 112, 29 DCR 3976; Aug. 20, 1994, D.C. Law 10-151, § 113(a), 41 DCR 2608; June 3, 1997, D.C. Law 11-275, § 12(b), 44 DCR 1408; Dec. 10, 2009, D.C. Law 18-88, § 214(d), 56 DCR 7413; June 11, 2013, D.C. Law 19-317, § 205(a), 60 DCR 2064; Nov. 23, 2016, D.C. Law 21-166, § 2(a), 63 DCR 10733; June 8, 2024, D.C. Law 25-175, § 23(b), 71 DCR 2732.)

Prior Codifications

1981 Ed., § 22-3812.

Effect of Amendments

D.C. Law 18-88, in subsec. (a), substituted “$1,000” for “$250”; in subsec. (b), substituted “if the property obtained or used has some value” for “if the value of the property obtained or used is less than $250”; and added subsecs. (c) and (d).

The 2013 amendment by D.C. Law 19-317 substituted “not more than the amount set forth in § 22-3571.01” for “not more than $5,000” in (a) and (c), and for “not more than $1,000” in (b).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 18(b) of Secure DC Omnibus Congressional Review Emergency Amendment Act of 2024 (D.C. Act 25-490, June 7, 2024, 71 DCR 7006).

For temporary (90 days) amendment of this section, see § 18(b) of Secure DC Omnibus Emergency Amendment Act of 2024 (D.C. Act 25-410, Mar. 11, 2024, 71 DCR 2693).

For temporary amendment of section, see § 113(a) of the Omnibus Criminal Justice Reform Emergency Amendment Act of 1994 (D.C. Act 10-255, June 22, 1994, 41 DCR 4286).

For temporary (90 day) amendment of section, see § 214(d) of Omnibus Public Safety and Justice Emergency Amendment Act of 2009 (D.C. Act 18-181, August 6, 2009, 56 DCR 6903).

For temporary (90 day) amendment of section, see § 214(d) of Omnibus Public Safety and Justice Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-227, October 21, 2009, 56 DCR 8668).

For temporary (90 days) amendment of this section, see § 205(a) of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300).

Editor's Notes

Applicability of D.C. Law 19-317: Section 401 of D.C. Law 19-317 provided that the act shall apply only to offenses committed on or after June 11, 2013.