§ 22–3212. Penalties for theft.

*NOTE: This section includes amendments by emergency legislation that will expire on June 9, 2024. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*

(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 section 101 of the Criminal Fine Proportionality Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code § 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; Mar. 11, 2024, D.C. Act 25-410, § 18(b), 71 DCR 2693.)

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 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.