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District of Columbia Code Division IV. Criminal Law and Procedure and Prisoners. § 22-3212. Penalties for theft.

Current as of January 01, 2024 | Updated by FindLaw Staff

(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) § 22-3211;

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

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

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Cite this article: FindLaw.com - District of Columbia Code Division IV. Criminal Law and Procedure and Prisoners. § 22-3212. Penalties for theft. - last updated January 01, 2024 | https://codes.findlaw.com/dc/division-iv-criminal-law-and-procedure-and-prisoners/dc-code-sect-22-3212.html

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