§ 22–3227.03. Penalties for identity theft.

(a) Identity theft in the first degree. — Any person convicted of identity theft shall be fined not more than (1) the amount set forth in § 22-3571.01, (2) twice the value of the property obtained or (3) twice the amount of the financial injury, whichever is greatest, or imprisoned for not more than 10 years, or both, if the property obtained, or attempted to be obtained, or the amount of the financial injury is $1,000 or more.

(b) Identity theft in the second degree. — Any person convicted of identity theft 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 attempted to be obtained, or the amount of the financial injury, has some value, or if another person is falsely accused of, or arrested for, committing a crime because of the use, without permission, of that person’s personal identifying information.

(Dec. 1, 1982, D.C. Law 4-164, § 127c; as added Mar. 27, 2004, D.C. Law 15-106, § 2(c), 50 DCR 9809; Apr. 24, 2007, D.C. Law 16-306, § 218, 53 DCR 8610; Dec. 10, 2009, D.C. Law 18-88, § 214(k), 56 DCR 7413; June 3, 2011, D.C. Law 18-377, § 12(d), 58 DCR 1174; June 11, 2013, D.C. Law 19-317, §§ 111(a)(2), 205(n), 60 DCR 2064; Nov. 23, 2016, D.C. Law 21-166, § 2(b), 63 DCR 10733.)

Section References

This section is referenced in § 16-801.

Effect of Amendments

D.C. Law 16-306, in subsecs. (a) and (b), inserted “or attempted to be obtained,” following “of the property obtained”.

D.C. Law 18-88, in subsec. (a), substituted “$1,000 or more” for “$250 or more”; and, in subsec. (b), substituted “has some value, or if another person is falsely accused of, or arrested for, committing a crime because of the use, without permission, of that person’s personal identifying information” for “whichever is greater, is less than $250”.

D.C. Law 18-377, in subsec. (b), substituted “if” for “if the value of”.

The 2013 amendment by D.C. Law 19-317 substituted “twice” for “3 times” twice in (a); and substituted “not more than the amount set forth in § 22-3571.01” for “$10,000” in (a), and for “not more than $1,000” in (b).

Emergency Legislation

For temporary (90 day) addition, see § 2(c) 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 § 2 of Identity Theft Technical Emergency Amendment Act of 2006 (D.C. Act 16-257, January 26, 2006, 53 DCR 772).

For temporary (90 day) amendment of section, see § 2 of Identity Theft Technical Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-359, April 26, 2006, 53 DCR 3615).

For temporary (90 day) amendment of section, see § 218 of Omnibus Public Safety Emergency Amendment Act of 2006 (D.C. Act 16-445, July 19, 2006, 53 DCR 6443).

For temporary (90 day) amendment of section, see § 218 of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-490, October 18, 2006, 53 DCR 8686).

For temporary (90 day) amendment of section, see § 218 of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-10, January 16, 2007, 54 DCR 1479).

For temporary (90 day) amendment of section, see § 218 of Omnibus Public Safety Second Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-25, April 19, 2007, 54 DCR 4036).

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

For temporary (90 days) amendment of this section, see §§ 111(a)(2) and 205(n) of the Criminal Fine Proportionality Emergency Amendment Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300).

Temporary Legislation

Section 2 of D.C. Law 16-141, in subsec. (a), inserted “or attempted to be obtained” following “if the property obtained”; and, in subsec. (a), inserted “or attempted to be obtained” following “of the property obtained”.

Section 4(b) of D.C. Law 16-141 provided that the act shall expire after 225 days of its having taken effect.

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.