§ 22–3222. Penalties for fraud.

(a) Fraud in the first degree. —

(1) Any person convicted of fraud in the first degree shall be fined not more than the amount set forth in § 22-3571.01 or twice the value of the property obtained or lost, whichever is greater, or imprisoned for not more than 10 years, or both, if the value of the property obtained or lost is $1,000 or more; and

(2) Any person convicted of fraud in the first 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 lost has some value.

(b) Fraud in the second degree. —

(1) Any person convicted of fraud in the second degree shall be fined not more than the amount set forth in § 22-3571.01 or twice the value of the property which was the object of the scheme or systematic course of conduct, whichever is greater, or imprisoned for not more than 3 years, or both, if the value of the property which was the object of the scheme or systematic course of conduct is $1,000 or more; and

(2) Any person convicted of fraud 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 that was the object of the scheme or systematic course of conduct has some value.

(Dec. 1, 1982, D.C. Law 4-164, § 122, 29 DCR 3976; Aug. 20, 1994, D.C. Law 10-151, § 113(c), 41 DCR 2608; June 3, 2011, D.C. Law 18-377, § 12(a), 58 DCR 1174; June 11, 2013, D.C. Law 19-317, §§ 111(a)(1), 205(i), 60 DCR 2064.)

Prior Codifications

1981 Ed., § 22-3822.

Section References

This section is referenced in § 16-801, § 20-108.01, and § 42-404.

Effect of Amendments

D.C. Law 18-377, in subsec. (a)(1), substituted “$1,000” for “$250”; in subsec. (a)(2), substituted “if the property obtained or lost has some value” for “if the value of the property which was the object of the scheme or systematic course of conduct was less than $250”; in subsec. (b)(1), substituted “is $1,000” for “was $250”; and, in subsec. (b)(2), substituted “if the property that was the object of the scheme or systematic course of conduct has some value ” for “if the value of the property which was the object of the scheme or systematic course of conduct was less than $250”.

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)(1), for “not more than $1,000” in (a)(2) and (b)(2), and for “not more than $3,000” in (b)(1); and substituted “twice” for “3 times” in (a)(1) and (b)(1).

Cross References

Aggregation of theft, fraud, and credit card fraud offenses, see § 22-3202.

Failures in formal requisites of an instrument affecting real property, punishment under this section, see § 42-404.

Probate and administration of decedents’ estates, effect of fraud and evasion, see § 20-108.01.

Emergency Legislation

For temporary amendment of section, see § 113(c) 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 § 512(a) of Public Safety Legislation Sixty-Day Layover Emergency Amendment Act of 2010 (D.C. Act 18-693, January 18, 2011, 58 DCR 640).

For temporary (90 day) amendment of section, see § 512(a) of Public Safety Legislation Sixty-Day Layover Congressional Review Emergency Amendment Act of 2011 (D.C. Act 19-45, April 20, 2011, 58 DCR 3701).

For temporary (90 days) amendment of this section, see §§ 111(a)(1) and 205(i) of the Criminal Fine Proportionality Emergency Amendment 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.