Subchapter I. General Provisions.

§ 22–3201. Definitions.

For the purposes of this chapter, the term:

(1) “Appropriate” means to take or make use of without authority or right.

(2) “Deprive” means:

(A) To withhold property or cause it to be withheld from a person permanently or for so extended a period or under such circumstances as to acquire a substantial portion of its value; or

(B) To dispose of the property, or use or deal with the property so as to make it unlikely that the owner will recover it.

(2A) “Person” means an individual (whether living or dead), trust, estate, fiduciary, partnership, company, corporation, association, organization, union, government department, agency, or instrumentality, or any other legal entity.

(3) “Property” means anything of value. The term “property” includes, but is not limited to:

(A) Real property, including things growing on, affixed to, or found on land;

(B) Tangible or intangible personal property;

(D) Credit;

(E) Debt; and

(F) A government-issued license, permit, or benefit.

(4) “Property of another” means any property in which a government or a person other than the accused has an interest which the accused is not privileged to interfere with or infringe upon without consent, regardless of whether the accused also has an interest in that property. The term “property of another” includes the property of a corporation or other legal entity established pursuant to an interstate compact. The term “property of another” does not include any property in the possession of the accused as to which any other person has only a security interest.

(5) “Services” includes, but is not limited to:

(A) Labor, whether professional or nonprofessional;

(B) The use of vehicles or equipment;

(C) Transportation, telecommunications, energy, water, sanitation, or other public utility services, whether provided by a private or governmental entity;

(D) The supplying of food, beverage, lodging, or other accommodation in hotels, restaurants, or elsewhere;

(E) Admission to public exhibitions or places of entertainment; and

(F) Educational and hospital services, accommodations, and other related services.

(6) “Stolen property” includes any property that has been obtained by conduct previously known as embezzlement.

(7) “Value” with respect to a credit card, check, or other written instrument means the amount of money, credit, debt, or other tangible or intangible property or services that has been or can be obtained through its use, or the amount promised or paid by the credit card, check, or other written instrument.

(Dec. 1, 1982, D.C. Law 4-164, § 101, 29 DCR 3976; Dec. 10, 2009, D.C. Law 18-88, § 214(a), 56 DCR 7413.)

Prior Codifications

1981 Ed., § 22-3801.

Section References

This section is referenced in § 7-1901 and § 22-3227.01.

Effect of Amendments

D.C. Law 18-88, added par. (2A); in par. (3), deleted “and” from the end of subpar. (B), substituted a semicolon for a period at the end of subpar. (C), and added subpars. (D) to (F); and added par. (7).

Cross References

Exploitation, adult protective services, see § 7-1901.

Emergency Legislation

For temporary (90 day) amendment of section, see § 102(a) of Crime Bill Emergency Amendment Act of 2009 (D.C. Act 18-129, June 29, 2009, 56 DCR 5495).

§ 22–3202. Aggregation of amounts received to determine grade of offense.

Amounts or property received pursuant to a single scheme or systematic course of conduct in violation of § 22-3211 (Theft), § 22-3221 (Fraud), § 22-3223 (Credit Card Fraud), § 22-3227.02 (Identity Theft), § 22-3231 (Trafficking in Stolen Property), or § 22-3232 (Receiving Stolen Property) may be aggregated in determining the grade of the offense and the sentence for the offense.

(Dec. 1, 1982, D.C. Law 4-164, § 102, 29 DCR 3976; Aug. 2, 1983, D.C. Law 5-24, § 6, 30 DCR 3341; Apr. 20, 2012, D.C. Law 19-120, § 101(a), 58 DCR 11235.)

Prior Codifications

1981 Ed., § 22-3802.

Effect of Amendments

D.C. Law 19-120 rewrote the section, which formerly read:

“Amounts received pursuant to a single scheme or systematic course of conduct in violation of § 22-3211 (Theft), § 22-3221 (Fraud), or § 22-3223 (Credit Card Fraud) may be aggregated in determining the grade of the offense and the sentence for the offense, except that with respect to credit card fraud only amounts received within a consecutive 7-day period may be aggregated.”

Emergency Legislation

For temporary (90 day) amendment of section, see § 101(a) of Receiving Stolen Property and Public Safety Amendments Emergency Amendment Act of 2011 (D.C. Act 19-261, December 21, 2011, 58 DCR 11232).

For temporary (90 day) amendment of section, see § 101(a) of Receiving Stolen Property and Public Safety Amendments Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-326, March 19, 2012, 59 DCR 2384).

§ 22–3203. Consecutive sentences.

(a) A person may be convicted of any combination of theft, identity theft, fraud, credit card fraud, unauthorized use of a vehicle, commercial piracy, and receiving stolen property for the same act or course of conduct; provided, that no person shall be consecutively sentenced for any such combination or combinations that arise from the same act or course of conduct.

(b) Convictions arising out of the same act or course of conduct shall be considered as one conviction for purposes of any application of repeat offender sentencing provisions.

(Dec. 1, 1982, D.C. Law 4-164, § 103, 29 DCR 3976; June 3, 1997, D.C. Law 11-275, § 12(a), 44 DCR 1408; Mar. 27, 2004, D.C. Law 15-106, § 2(b), 50 DCR 9809; Dec. 10, 2009, D.C. Law 18-88, § 214(b), 56 DCR 7413.)

Prior Codifications

1981 Ed., § 22-3803.

Effect of Amendments

D.C. Law 15-106 made nonsubstantive changes in pars. (2) and (3); and added pars. (4) and (5).

D.C. Law 18-88 rewrote the section.

Cross References

Commercial piracy, see § 22-3214.

Fraud, see § 22-3221.

Theft, see § 22-3811.

Unauthorized use of motor vehicles, see § 22-3215.

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(b) of Identity Theft Emergency Amendment Act of 2003 (D.C. Act 15-285, December 18, 2003, 51 DCR 204).

For temporary (90 day) amendment of section, see § 2(b) of Identity Thief Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-388, March 18, 2004, 51 DCR 3382).

For temporary (90 day) amendment of section, see § 102(b) of Crime Bill Emergency Amendment Act of 2009 (D.C. Act 18-129, June 29, 2009, 56 DCR 5495).

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

§ 22–3204. Case referral.

For the purposes of this chapter, in cases involving more than one jurisdiction, or in cases where more than one District of Columbia agency is responsible for investigating an alleged violation, the investigating agency to which the report was initially made may refer the matter to another investigating or law enforcement agency with proper jurisdiction.