reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 22 - Criminal Offenses and Penalties › Chapter 32 - Theft; Fraud; Stolen Property; Forgery; and Extortion › Subchapter III - Fraud; Related Offenses › § 22–3224.01. Jurisdiction

§ 22–3224.01. Jurisdiction.
An offense under this subchapter shall be deemed to be committed in the District of Columbia, regardless of whether the offender is physically present in the District of Columbia, if:
(1) The person to whom a credit card was issued or in whose name the credit card was issued is a resident of, or located in, the District of Columbia;
(2) The person who was defrauded is a resident of, or located in, the District of Columbia at the time of the fraud;
(3) The loss occurred in the District of Columbia; or
(4) Any part of the offense takes place in the District of Columbia.
(Dec. 1, 1982, D.C. Law 4-164, § 124a; as added Dec. 10, 2009, D.C. Law 18-88, § 214(g), 56 DCR 7413.)
Emergency Legislation
For temporary (90 day) addition, see § 102(f) of Crime Bill Emergency Amendment Act of 2009 (D.C. Act 18-129, June 29, 2009, 56 DCR 5495).
For temporary (90 day) addition, see § 214(g) 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) addition, see § 214(g) of Omnibus Public Safety and Justice Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-227, October 21, 2009, 56 DCR 8668).
2023 District of Columbia Code › Title 22 - Criminal Offenses and Penalties › Chapter 32 - Theft; Fraud; Stolen Property; Forgery; and Extortion › Subchapter III-A - Insurance Fraud › § 22–3225.03. Insurance fraud in the second degree

§ 22–3225.03. Insurance fraud in the second degree.
A person commits the offense of insurance fraud in the second degree if that person knowingly engages in conduct specified in § 22-3225.02 with the intent to defraud or to fraudulently obtain property of another and the value of the property which is sought to be obtained is $1,000 or more.
(Dec. 1, 1982, D.C. Law 4-164, § 125c; as added Apr. 27, 1999, D.C. Law 12-273, § 2, 46 DCR 1132; July 25, 2006, D.C. Law 16-144, § 2(b), 53 DCR 2838; June 3, 2011, D.C. Law 18-377, § 12(c), 58 DCR 1174.)
Prior Codifications
1981 Ed., § 22-3825.3.
Section References
This section is referenced in § 16-801 and § 22-3225.04.
Effect of Amendments
D.C. Law 16-144 rewrote the section.
D.C. Law 18-377 substituted “$1,000” for “$250”.
Emergency Legislation
For temporary (90 day) amendment of section, see § 512(c) 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(c) 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).
2023 District of Columbia Code › Title 22 - Criminal Offenses and Penalties › Chapter 32 - Theft; Fraud; Stolen Property; Forgery; and Extortion › Subchapter III-A - Insurance Fraud › § 22–3225.03a. Misdemeanor insurance fraud

§ 22–3225.03a. Misdemeanor insurance fraud.
A person commits the offense of misdemeanor insurance fraud if that person knowingly engages in conduct specified in § 22-3225.02 with the intent to defraud or to fraudulently obtain property of another.
(Dec. 1, 1982, D.C. Law 4-164, § 125c-1; as added July 25, 2006, D.C. Law 16-144, § 2(c), 53 DCR 2838.)
Section References
This section is referenced in § 16-801.
2023 District of Columbia Code › Title 22 - Criminal Offenses and Penalties › Chapter 32 - Theft; Fraud; Stolen Property; Forgery; and Extortion › Subchapter III-A - Insurance Fraud › § 22–3225.04. Penalties

§ 22–3225.04. Penalties.
(a) Any person convicted of insurance 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 15 years, or both.
(b)(1) Except as provided in paragraph (2) of this subsection, any person convicted of insurance 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 5 years, or both.
(2) Any person convicted of insurance fraud in the second degree who has been convicted previously of insurance fraud pursuant to § 22-3225.02 or § 22-3225.03, or a felony conviction based on similar grounds in any other jurisdiction, shall be fined not more than the amount set forth in § 22-3571.01 or imprisoned for not more than 10 years, or both.
(c) Any person convicted of misdemeanor insurance fraud shall be fined not more than the amount set forth in § 22-3571.01 or imprisoned for not more than 180 days, or both.
(d) A person convicted of a felony violation of this subchapter shall be disqualified from engaging in the business of insurance, subject to 18 U.S.C. § 1033(e)(2).
(Dec. 1, 1982, D.C. Law 4-164, § 125d; as added Apr. 27, 1999, D.C. Law 12-273, § 2, 46 DCR 1132; June 19, 2001, D.C. Law 13-313, § 12(a), 48 DCR 1873; July 25, 2006, D.C. Law 16-144, § 2(d), 53 DCR 2838; June 11, 2013, D.C. Law 19-317, § 205(l), 60 DCR 2064.)
Prior Codifications
1981 Ed., § 22-3825.4.
Section References
This section is referenced in § 22-3225.05.
Effect of Amendments
D.C. Law 13-313, in subsec. (b)(2), validated a previously made technical correction.
D.C. Law 16-144 rewrote the section.
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 $50,000” in (a), for “not more than $10,000” in (b)(1), for “not more than $20,000” in (b)(2), and for “not more than $1,000” in (c).
Emergency Legislation
For temporary (90 days) amendment of this section, see § 205(l) 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.
2023 District of Columbia Code › Title 22 - Criminal Offenses and Penalties › Chapter 32 - Theft; Fraud; Stolen Property; Forgery; and Extortion › Subchapter III-A - Insurance Fraud › § 22–3225.05. Restitution

§ 22–3225.05. Restitution.
(a) In addition to the penalties provided under § 22-3225.04, a person convicted under this subchapter shall make monetary restitution for any loss caused by the offense. The court shall determine the form and method of payment which, if by installment, shall not exceed 5 years.
(b) Any person, including the District, injured as the result of an insurance fraud in the first degree may bring suit in the appropriate court to recover ordinary damages including attorney’s fees and other costs and punitive damages which shall not be less than $500 nor more than $50,000. Except where punitive damages are sought, the court shall award treble damages where the offense is proven by clear and convincing evidence to be in accordance with an established pattern or practice.
(c) Notwithstanding any action that may be brought by the United States Attorney’s office to recoup its costs in prosecuting these cases, the Corporation Counsel may bring a civil suit against any person convicted under this subchapter in order to recover investigation and prosecution-related costs incurred by the District.
(d) A suit under subsection (b) of this section must be filed within 3 years of the act constituting the offense or within 3 years of the time the plaintiff discovered or with reasonable diligence could have discovered the act, whichever is later. This 3 year statute of limitations shall not apply to the District.
(e) Remedies provided in this section shall be exclusive and may not be claimed in conjunction with any other remedies available under the law.
(Dec. 1, 1982, D.C. Law 4-164, § 125e; as added Apr. 27, 1999, D.C. Law 12-273, § 2, 46 DCR 1132; June 19, 2001, D.C. Law 13-313, § 12(b), 48 DCR 1873.)
Prior Codifications
1981 Ed., § 22-3825.5.
Section References
This section is referenced in § 22-3225.08.
Effect of Amendments
D.C. Law 13-313, in subsec. (a), validated a previously made technical correction.
2023 District of Columbia Code › Title 22 - Criminal Offenses and Penalties › Chapter 32 - Theft; Fraud; Stolen Property; Forgery; and Extortion › Subchapter III-A - Insurance Fraud › § 22–3225.06. Indemnity

§ 22–3225.06. Indemnity.
An insurer shall not be liable for the following:
(1) Damages or restitution provided by this subchapter, either jointly, severably, or as a third party, for insurance fraud offense committed by an insured; or
(2) The defense of an insured or other person who is charged with insurance fraud.
(Dec. 1, 1982, D.C. Law 4-164, § 125f; as added Apr. 27, 1999, D.C. Law 12-273, § 2, 46 DCR 1132.)
Prior Codifications
1981 Ed., § 22-3825.6.
2023 District of Columbia Code › Title 22 - Criminal Offenses and Penalties › Chapter 32 - Theft; Fraud; Stolen Property; Forgery; and Extortion › Subchapter III-A - Insurance Fraud › § 22–3225.07. Practitioners

§ 22–3225.07. Practitioners.
(a) Notwithstanding any other provisions of law, the offenses of insurance fraud in the first degree or the second degree shall be deemed a crime of moral turpitude for the purposes of professional or trade license.
(b) The Commissioner, court, or prosecutor shall notify the appropriate licensing authority, and the person who is injured by the offense may notify the appropriate licensing authority of any conviction.
(Dec. 1, 1982, D.C. Law 4-164, § 125g; as added Apr. 27, 1999, D.C. Law 12-273, § 2, 46 DCR 1132; Mar. 27, 2003, D.C. Law 14-254, § 2(b), 50 DCR 233; July 25, 2006, D.C. Law 16-144, § 2(e), 53 DCR 2838.)
Prior Codifications
1981 Ed., § 22-3825.7.
Effect of Amendments
D.C. Law 14-254, in subsec. (b), struck “The court or prosecutor” and inserted “ The Commissioner, court, or prosecutor”, and deleted the second sentence which had read: “The Commissioner shall hold a disciplinary hearing to determine whether the license or certificate of authority of the convicted practitioner should be suspended or revoked.”
D.C. Law 16-144, in subsec. (a), substituted “offenses of insurance fraud in the first degree or the second degree” for “offense of insurance fraud in the first degree”.
2023 District of Columbia Code › Title 22 - Criminal Offenses and Penalties › Chapter 32 - Theft; Fraud; Stolen Property; Forgery; and Extortion › Subchapter III-A - Insurance Fraud › § 22–3225.09. Insurance fraud prevention and detection

§ 22–3225.09. Insurance fraud prevention and detection.
(a) Within 6 months of April 27, 1999, every insurer licensed in the District shall submit to the Department of Insurance and Securities Regulation, an insurance fraud prevention and detection plan (“plan”). The plan shall indicate specific procedures for the accomplishment of the following:
(1) Prevention, detection, and investigation of insurance fraud;
(2) Orientation of employees on insurance fraud prevention and detection;
(3) Employment of fraud investigators;
(4) Reporting of insurance fraud to the appropriate authorities; and
(5) Collection of restitution for financial loss caused by insurance fraud.
(b) The Commissioner may review the plan for compliance with this section and may order reasonable modification or request a summary of the plan. The Commissioner may establish by regulation a fine for an insurer failing to comply with the plan. The plan shall not be deemed a public record for the purposes of any public records or subchapter II of Chapter 5 of Title 2.
(c) Notwithstanding any other provisions of law, an insurer who fails to submit an insurance prevention and detection plan, or the warning provision required by subsection (d) of this section shall be subject to a fine of $500 per day, not to exceed $25,000.
(d) No later than 6 months after April 27, 1999, all insurance application forms and all claim forms shall contain a conspicuous warning in language the same or substantially similar to the following:
“WARNING: It is a crime to provide false or misleading information to an insurer for the purpose of defrauding the insurer or any other person. Penalties include imprisonment and/or fines. In addition, an insurer may deny insurance benefits if false information materially related to a claim was provided by the applicant.”.
(e) None of the requirements of this section shall be deemed to apply to reinsurers, reinsurance contracts, reinsurance agreements, or reinsurance claims transactions.
(Dec. 1, 1982, D.C. Law 4-164, § 125i; as added Apr. 27, 1999, D.C. Law 12-273, § 2, 46 DCR 1132.)
Prior Codifications
1981 Ed., § 22-3825.9.
2023 District of Columbia Code › Title 22 - Criminal Offenses and Penalties › Chapter 32 - Theft; Fraud; Stolen Property; Forgery; and Extortion › Subchapter III-A - Insurance Fraud › § 22–3225.10. Regulations

§ 22–3225.10. Regulations.
The Commissioner may promulgate regulations deemed necessary by the Commissioner for the administration of this subchapter.
(Dec. 1, 1982, D.C. Law 4-164, § 125j; as added Apr. 27, 1999, D.C. Law 12-273, § 2, 46 DCR 1132.)
Prior Codifications
1981 Ed., § 22-3825.10.
2023 District of Columbia Code › Title 22 - Criminal Offenses and Penalties › Chapter 32 - Theft; Fraud; Stolen Property; Forgery; and Extortion › Subchapter III-A - Insurance Fraud › § 22–3225.11. Limited law enforcement authority

§ 22–3225.11. Limited law enforcement authority.
(a) The Commissioner shall have the power to issue and serve subpoenas, to compel witnesses to appear and testify, and to produce all books, records, papers, or documents in any insurance investigation or examination.
(b) Any willful false testimony by a witness before the Commissioner as to any material fact shall constitute perjury and shall be punished in the manner prescribed by law for such offense.
(c) If any witness having been personally summoned shall neglect or refuse to obey the subpoena issued pursuant to subsection (a) of this section, the Commissioner may, through the Corporation Counsel, report that fact to the Superior Court of the District of Columbia or one of the judges thereof and the Court, or any judge thereof, may compel obedience to the subpoena to the same extent as witnesses may be compelled to obey the subpoenas of the Court.
(d) The Commissioner may administer oaths to witnesses summoned in any investigation or examination as set forth in subsection (a) of this section.
(Dec. 1, 1982, D.C. Law 4-164, § 125k; as added Mar. 27, 2003, D.C. Law 14-254, § 2(d), 50 DCR 233.)
2023 District of Columbia Code › Title 22 - Criminal Offenses and Penalties › Chapter 32 - Theft; Fraud; Stolen Property; Forgery; and Extortion › Subchapter III-A - Insurance Fraud › § 22–3225.12. Annual anti-fraud activity reporting requirement

§ 22–3225.12. Annual anti-fraud activity reporting requirement.
Each insurer and health maintenance organization licensed in the District shall file an annual anti-fraud activity report on March 31st of each year with the Commissioner, which shall contain information about the special investigation unit’s insurance fraud activities during the preceding calendar year. Annual anti-fraud activity reports filed with the Commissioner shall be kept confidential and shall not be subject to the disclosure requirements of subchapter II of Chapter 5 of Title 2.
(Dec. 1, 1982, D.C. Law 4-164, § 125ll; as added Mar. 27, 2003, D.C. Law 14-254, § 2(d), 50 DCR 233.)
2023 District of Columbia Code › Title 22 - Criminal Offenses and Penalties › Chapter 32 - Theft; Fraud; Stolen Property; Forgery; and Extortion › Subchapter III-A - Insurance Fraud › § 22–3225.13. Immunity

§ 22–3225.13. Immunity.
No person shall be subject to civil liability or criminal prosecution for reporting any suspected insurance fraud if:
(1) The report was made to:
(A) The Department of Insurance, Securities, and Banking, the Metropolitan Police Department, or any other law enforcement authority; or
(B) Any insurer, insurance agent, or other person who collects, reviews, or analyzes information concerning insurance fraud; and
(2) The person or entity reporting the suspected fraud acted without malice when making the report.
(Dec. 1, 1982, D.C. Law 4-164, § 125m; as added Mar. 27, 2003, D.C. Law 14-254, § 2(d), 50 DCR 233; June 11, 2004, D.C. Law 15-166, § 4(b)(3), 51 DCR 2817.)
Effect of Amendments
D.C. Law 15-166, in par. (1)(A), substituted “Department of Insurance, Securities, and Banking” for “Department of Insurance and Securities Regulation”.
Emergency Legislation
For temporary (90 day) amendment of section, see § 4(b)(3) of Consolidation of Financial Services Emergency Amendment Act of 2004 (D.C. Act 15-381, February 27, 2004, 51 DCR 2653).
2023 District of Columbia Code › Title 22 - Criminal Offenses and Penalties › Chapter 32 - Theft; Fraud; Stolen Property; Forgery; and Extortion › Subchapter III-A - Insurance Fraud › § 22–3225.15. Jurisdiction

§ 22–3225.15. Jurisdiction.
An offense under this subchapter shall be deemed to be committed in the District of Columbia, regardless of whether the offender is physically present in the District of Columbia, if:
(1) The insured, insurer, claimant, or applicant is a resident of, or located in, the District of Columbia;
(2) A District of Columbia address is used on an application, policy, or claim for payment or benefit;
(3) The services for which a claim is made were provided or alleged to have been provided in the District of Columbia;
(4) Payment of a claim or benefit was made or was to be made to an address in the District of Columbia;
(5) The loss occurred or is alleged to have occurred in the District of Columbia; or
(6) Any part of the offense takes place in the District of Columbia.
(Dec. 1, 1982, D.C. Law 4-164, § 125o; as added Dec. 10, 2009, D.C. Law 18-88, § 214(h), 56 DCR 7413.)
Emergency Legislation
For temporary (90 day) addition, see § 102(g) of Crime Bill Emergency Amendment Act of 2009 (D.C. Act 18-129, June 29, 2009, 56 DCR 5495).
For temporary (90 day) addition, see § 214(h) 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) addition, see § 214(h) of Omnibus Public Safety and Justice Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-227, October 21, 2009, 56 DCR 8668).
2023 District of Columbia Code › Title 22 - Criminal Offenses and Penalties › Chapter 32 - Theft; Fraud; Stolen Property; Forgery; and Extortion › Subchapter III-B - Telephone Fraud › § 22–3226.03. Surety bond requirements for telephone solicitors

§ 22–3226.03. Surety bond requirements for telephone solicitors.
(a) The application for registration or renewal shall be accompanied by a surety bond in the amount of $50,000. The bond shall provide for the indemnification of any person suffering a loss as the result a violation of this subchapter.
(b) The surety may terminate the bond upon giving a 60-day written notice to the principal and to the Mayor.
(c) Unless the bond is replaced by that of another surety before the expiration of the 60-day notice of cancellation, the registration of the principal shall be treated as lapsed.
(Dec. 1, 1982, D.C. Law 4-164, § 126c; as added June 8, 2001, D.C. Law 13-301, § 102, 47 DCR 7039.)
2023 District of Columbia Code › Title 22 - Criminal Offenses and Penalties › Chapter 32 - Theft; Fraud; Stolen Property; Forgery; and Extortion › Subchapter III-B - Telephone Fraud › § 22–3226.04. Security alternative to surety bonds

§ 22–3226.04. Security alternative to surety bonds.
(a) An applicant required under this subchapter to file a bond with a registration application may file with the Mayor, in lieu thereof, a certificate of deposit or government bond in the amount of $50,000.
(b) The Mayor shall hold the certificate of deposit or government bond for 3 years starting from the date the telemarketing business ceases to operate or the registration lapses in order to pay claims made against the telemarketing business during its period of operation after which time the Mayor shall return any remaining balance.
(c) The registration of the telemarketing business shall be treated as lapsed if, at any time, the amount of bond, cash, certificate of deposit or government bonds falls below the amount required by this section.
(d) The surety bond shall remain in effect for 3 years from the period the telemarketing business ceases to operate in the District.
(e) The aggregate liability of the surety company to all persons injured by a telephone solicitor’s violations of this subchapter shall not exceed the amount of the bond.
(Dec. 1, 1982, D.C. Law 4-164, § 126d; as added June 8, 2001, D.C. Law 13-301, § 102, 47 DCR 7039.)
2023 District of Columbia Code › Title 22 - Criminal Offenses and Penalties › Chapter 32 - Theft; Fraud; Stolen Property; Forgery; and Extortion › Subchapter III-B - Telephone Fraud › § 22–3226.05. Exemptions

§ 22–3226.05. Exemptions.
(a) A telephone solicitor shall be exempt from the registration and bonding requirements of this subchapter if the telephone solicitor is engaged in any of the following activities:
(1) Telephone solicitation for religious or political purposes, or for a charitable or educational institution, or fundraising for other tax-exempt, nonprofit organizations;
(2) A home solicitation sale that involves a subsequent face to face meeting between the seller and the consumer;
(3) Sales by a licensed securities, commodities, investment broker, or investment advisor when soliciting over the telephone within the scope of the person’s license;
(4) A solicitation for the sale of a newspaper of general circulation and other publications that have a predominantly editorial or news-related content;
(5) A solicitation for a sale regulated by the Commodities Futures Trading Commission;
(6) A solicitation for the sale of any goods whenever the person allows a 7-day review period and a full refund within 30 days after the return of such goods to the person;
(7) A solicitation by a financial institution, such as a bank, trust company, a saving and loan association, a credit union, a commercial and consumer finance lender, regulated by the United States government;
(8) A solicitation by an insurance company or other organization that is licensed or authorized to conduct business in the District of Columbia;
(9) A solicitation for the sale of cable television services operating under the authority of a governmental franchise or permit;
(10) Fundraising on behalf of a college or university or any other public or private educational institution;
(11) A solicitation for sales pursuant to a catalog that includes clear disclosure of sales prices, shipping, handling and other charges;
(12) A solicitation by a political subdivision or instrumentality of the United States or any state of the United States, or any public utility that is subject to regulation by the District of Columbia Public Service Commission;
(13) A solicitation by a person who is a licensed travel agent acting within the scope of the agent’s license; or
(14) A solicitation by a person who is a licensed real estate broker within the scope of the broker’s license.
(Dec. 1, 1982, D.C. Law 4-164, § 126e; as added June 8, 2001, D.C. Law 13-301, § 102, 47 DCR 7039.)
2023 District of Columbia Code › Title 22 - Criminal Offenses and Penalties › Chapter 32 - Theft; Fraud; Stolen Property; Forgery; and Extortion › Subchapter III-B - Telephone Fraud › § 22–3226.06. Unlawful acts and practices

§ 22–3226.06. Unlawful acts and practices.
(a) A telephone solicitor commits the offense of telephone solicitation fraud when engaged in any one of the following:
(1) Fails to obtain or maintain a valid certificate of registration;
(2) Obtains a certificate of registration through any false or fraudulent pretence or representation in any registration application;
(3) Knowingly fails to have received written consent to use the name of a charitable organization;
(4) Knowingly misrepresents any of the following:
(A) The total cost of the goods or services that are the subject of the telephone solicitation sales call;
(B) Material restrictions, material limitations, or material conditions to the purchase of goods or services that are the subject of a telephone solicitation;
(C) Material aspects of the performance, efficacy, nature or characteristics of goods or services that are the subject of a telephone solicitation; or
(D) Material aspects of the nature of terms of the telephone solicitor’s refund, cancellation, exchange or repurchase policies;
(5) Induces a consumer to purchase goods or services by means of a false or fraudulent pretense, representation or promise;
(6) Charges a consumer’s checking or savings account without the consumer’s express written authorization; or
(7) Procures the services of any professional delivery, courier, or other pickup service to obtain immediate receipt and/or possession of a consumer’s payment unless the goods are delivered with the opportunity to inspect before payment is collected.
(b) A person who violates any provision of this section shall be subject to the penalties provided in §§ 22-3226.09 and 22-3226.10.
(Dec. 1, 1982, D.C. Law 4-164, § 126f; as added June 8, 2001, D.C. Law 13-301, § 102, 47 DCR 7039.)
Section References
This section is referenced in § 16-801, § 22-3226.10, and § 22-3226.11.
2023 District of Columbia Code › Title 22 - Criminal Offenses and Penalties › Chapter 32 - Theft; Fraud; Stolen Property; Forgery; and Extortion › Subchapter III-B - Telephone Fraud › § 22–3226.07. Deceptive acts and practices prohibited

§ 22–3226.07. Deceptive acts and practices prohibited.
(a) It is a deceptive telemarketing act or practice for any seller or telephone solicitor to misrepresent any of the following material information:
(1) The total purchase cost to the consumer of the goods or services to be received;
(2) The true name of the telephone solicitor; or
(3) Material aspects of the quality or basic characteristics of the goods or services purchased.
(b) It is a deceptive telemarketing act or practice for any seller or telephone solicitor to misrepresent any material fact regarding the goods or services purchased that has a tendency to mislead.
(c) No person shall commit a deceptive telemarketing act or practice.
(Dec. 1, 1982, D.C. Law 4-164, § 126g; as added June 8, 2001, D.C. Law 13-301, § 102, 47 DCR 7039.)
Section References
This section is referenced in § 22-3226.11.
2023 District of Columbia Code › Title 22 - Criminal Offenses and Penalties › Chapter 32 - Theft; Fraud; Stolen Property; Forgery; and Extortion › Subchapter III-B - Telephone Fraud › § 22–3226.08. Abusive telemarketing acts or practices

§ 22–3226.08. Abusive telemarketing acts or practices.
It is an abusive telemarketing act or practice and violation of this subchapter for a seller or telephone solicitor to engage in the following conduct:
(1) Cause a telephone to ring more than 15 times in an intended telephone solicitation call;
(2) Initiate a telephone solicitation call to a consumer after the same consumer has expressly stated that he or she does not wish to receive solicitation calls from that seller; or
(3) Engage in telephone solicitation to a consumer’s residence at any time before 8:00 a.m. and after 9:00 p.m., local time at the place of the consumer called.
(Dec. 1, 1982, D.C. Law 4-164, § 126h; as added June 8, 2001, D.C. Law 13-301, § 102, 47 DCR 7039.)
Section References
This section is referenced in § 22-3226.11.
2023 District of Columbia Code › Title 22 - Criminal Offenses and Penalties › Chapter 32 - Theft; Fraud; Stolen Property; Forgery; and Extortion › Subchapter III-B - Telephone Fraud › § 22–3226.09. Civil penalties

§ 22–3226.09. Civil penalties.
(a) The following penalties may be imposed in addition to those otherwise available at law:
(1) Any telephone solicitor who violates any provision of this subchapter may be fined up to $1,000 per violation.
(2) A permit or license shall be revoked or suspended if the seller or telephone solicitor fails to comply with the registration requirements of this subchapter.
(3) A judge may impose treble damages against any telephone solicitor who knowingly targets elderly persons or persons with disabilities.
(b) Fines shall be payable to the Fraud Prevention Fund established in § 22-3226.14.
(Dec. 1, 1982, D.C. Law 4-164, § 126i; as added June 8, 2001, D.C. Law 13-301, § 102, 47 DCR 7039; Apr. 24, 2007, D.C. Law 16-305, § 36, 53 DCR 6198.)
Section References
This section is referenced in § 22-3226.06 and § 22-3226.15.
Effect of Amendments
D.C. Law 16-305, in subsec. (a)(3), substituted “persons or persons with disabilities” for “or disabled persons”.
2023 District of Columbia Code › Title 22 - Criminal Offenses and Penalties › Chapter 32 - Theft; Fraud; Stolen Property; Forgery; and Extortion › Subchapter III-B - Telephone Fraud › § 22–3226.10. Criminal penalties

§ 22–3226.10. Criminal penalties.
Any telephone solicitor who violates § 22-3226.06 and obtains property thereby shall be guilty of the crime of telemarketing fraud, which is punishable as follows:
(1) If the amount of the transaction is valued at $20,000 or more, the seller or telephone solicitor shall upon conviction be guilty of a felony, and shall be subject to a fine of not more than the amount set forth in § 22-3571.01 or imprisonment for not more than 4 years, or both.
(2) If the amount of the transaction is valued at less than $20,000 but more than $5,000, the seller or telephone solicitor shall upon conviction be guilty of a felony, and shall be subject to a fine of not more than the amount set forth in § 22-3571.01 or imprisonment for not more than 3 years, or both.
(3) If the amount of the transaction is valued at less than $5,000 or less, the seller or telephone solicitor shall upon conviction be guilty of a misdemeanor and shall be subject to a fine of not more than the amount set forth in § 22-3571.01 or imprisonment for not more than 6 months, or both.
(Dec. 1, 1982, D.C. Law 4-164, § 126j; as added June 8, 2001, D.C. Law 13-301, § 102, 47 DCR 7039; June 11, 2013, D.C. Law 19-317, § 205(m), 60 DCR 2064.)
Section References
This section is referenced in § 16-801 and § 22-3226.06.
Effect of Amendments
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 $10,000” in (1), for “not more than $5,000” in (2), and “not more than $500” in (3).
Emergency Legislation
For temporary (90 days) amendment of this section, see § 205(m) 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.
2023 District of Columbia Code › Title 22 - Criminal Offenses and Penalties › Chapter 32 - Theft; Fraud; Stolen Property; Forgery; and Extortion › Subchapter III-B - Telephone Fraud › § 22–3226.11. Private right of action

§ 22–3226.11. Private right of action.
(a) Any consumer injured as a result of a violation of § 22-3226.06, § 22-3226.07, or § 22-3226.08 may bring an action in the Superior Court of the District of Columbia to recover or obtain any of the following:
(1) A declaratory judgment;
(2) Injunctive relief;
(3) Reasonable attorney’s fees and costs;
(4) Actual damages;
(5) Punitive damages; and
(6) Any other equitable relief which the court deems proper.
(b) Nothing in this subchapter shall prevent any consumer who is injured by any other trade practice from exercising any right or seeking any remedy to which the consumer might be entitled.
(Dec. 1, 1982, D.C. Law 4-164, § 126k; as added June 8, 2001, D.C. Law 13-301, § 102, 47 DCR 7039.)
2023 District of Columbia Code › Title 22 - Criminal Offenses and Penalties › Chapter 32 - Theft; Fraud; Stolen Property; Forgery; and Extortion › Subchapter III-B - Telephone Fraud › § 22–3226.12. Statute of limitations period

§ 22–3226.12. Statute of limitations period.
Claims for damages or compensation under this subchapter shall be filed within 3 years of the time the seller or telephone solicitor initiated the solicitation telephone call.
(Dec. 1, 1982, D.C. Law 4-164, § 126l; as added June 8, 2001, D.C. Law 13-301, § 102, 47 DCR 7039.)
2023 District of Columbia Code › Title 22 - Criminal Offenses and Penalties › Chapter 32 - Theft; Fraud; Stolen Property; Forgery; and Extortion › Subchapter III-B - Telephone Fraud › § 22–3226.13. Task force to combat fraud

§ 22–3226.13. Task force to combat fraud.
(a) The Mayor shall form a task force for the following purposes:
(1) Collecting information on telephone fraud;
(2) Taking steps to educate the public about fraud, including telephone fraud;
(3) Sharing information related to telephone fraud with District government agencies;
(4) Sharing information related to telephone fraud with other state and federal law enforcement agencies; and
(5) Advising the Mayor on enforcement of the provisions of this subchapter.
(b) The task force may include representatives from the following agencies:
(1) Metropolitan Police Department;
(2) Department of Consumer and Regulatory Affairs;
(3) Office of Corporation Counsel; and
(4) Any other agency the Mayor deems appropriate.
(Dec. 1, 1982, D.C. Law 4-164, § 126m; as added June 8, 2001, D.C. Law 13-301, § 102, 47 DCR 7039.)
2023 District of Columbia Code › Title 22 - Criminal Offenses and Penalties › Chapter 32 - Theft; Fraud; Stolen Property; Forgery; and Extortion › Subchapter III-B - Telephone Fraud › § 22–3226.14. Fraud Prevention Fund. [Repealed]

§ 22–3226.14. Fraud Prevention Fund. [Repealed]
Repealed.
(Dec. 1, 1982, D.C. Law 4-164, § 126n; as added June 8, 2001, D.C. Law 13-301, § 102, 47 DCR 7039; Aug. 17, 2016, D.C. Law 21-143, § 6, 63 DCR 7589; Apr. 4, 2017, D.C. Law 21-238, § 601, 63 DCR 15312.)
Section References
This section is referenced in § 22-3226.09.
Emergency Legislation
For temporary (90 days) amendment of this section, see § 6 of Repeal of Outdated and Unnecessary Audit Mandates Emergency Amendment Act of 2016 (D.C. Act 21-403, May 21, 2016, 63 DCR 7925).
2023 District of Columbia Code › Title 22 - Criminal Offenses and Penalties › Chapter 32 - Theft; Fraud; Stolen Property; Forgery; and Extortion › Subchapter III-B - Telephone Fraud › § 22–3226.15. General disclosures

§ 22–3226.15. General disclosures.
(a) Within the first 30 seconds of a telephone call, the telephone solicitor shall identify himself or herself by stating his or her true name, the company on whose behalf the solicitation is being made, and the goods or services to be sold.
(b) Any person who violates this section shall be subject to civil penalties pursuant to § 22-3226.09.
(Dec. 1, 1982, D.C. Law 4-164, § 126o; as added June 8, 2001, D.C. Law 13-301, § 102, 47 DCR 7039.)
2023 District of Columbia Code › Title 22 - Criminal Offenses and Penalties › Chapter 32 - Theft; Fraud; Stolen Property; Forgery; and Extortion › Subchapter III-C - Identity Theft › § 22–3227.02. Identity theft

§ 22–3227.02. Identity theft.
A person commits the offense of identity theft if that person knowingly:
(1) Uses personal identifying information belonging to or pertaining to another person to obtain, or attempt to obtain, property fraudulently and without that person’s consent;
(2) Obtains, creates, or possesses personal identifying information belonging to or pertaining to another person with the intent to:
(A) Use the information to obtain, or attempt to obtain, property fraudulently and without that person’s consent; or
(B) Give, sell, transmit, or transfer the information to a third person to facilitate the use of the information by that third person to obtain, or attempt to obtain, property fraudulently and without that person’s consent; or
(3) Uses personal identifying information belonging to or pertaining to another person, without that person’s consent, to:
(A) Identify himself or herself at the time of his or her arrest;
(B) Facilitate or conceal his or her commission of a crime; or
(C) Avoid detection, apprehension, or prosecution for a crime.
(Dec. 1, 1982, D.C. Law 4-164, § 127b; as added Mar. 27, 2004, D.C. Law 15-106, § 2(c), 50 DCR 9809; Dec. 10, 2009, D.C. Law 18-88, § 214(j), 56 DCR 7413.)
Section References
This section is referenced in § 16-801, § 22-3202, and § 22-3227.01.
Effect of Amendments
D.C. Law 18-88, deleted “; or” from the end of par. (1); substituted “; or” for a period at the end of par. (2); and added par. (3).
Emergency Legislation
For temporary (90 day) addition of this section, see § 2(c) of Identity Theft Emergency Amendment Act of 2003 (D.C. Act 15-285, December 18, 2003, 51 DCR 204).
For temporary (90 day) addition of this section, 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 § 102(i) 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(j) 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(j) of Omnibus Public Safety and Justice Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-227, October 21, 2009, 56 DCR 8668).
2023 District of Columbia Code › Title 22 - Criminal Offenses and Penalties › Chapter 32 - Theft; Fraud; Stolen Property; Forgery; and Extortion › Subchapter III-C - Identity Theft › § 22–3227.04. Restitution

§ 22–3227.04. Restitution.
When a person is convicted of identity theft, the court may, in addition to any other applicable penalty, order restitution for the full amount of financial injury.
(Dec. 1, 1982, D.C. Law 4-164, § 127d; as added Mar. 27, 2004, D.C. Law 15-106, § 2(c), 50 DCR 9809.)
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).
2023 District of Columbia Code › Title 22 - Criminal Offenses and Penalties › Chapter 32 - Theft; Fraud; Stolen Property; Forgery; and Extortion › Subchapter III-C - Identity Theft › § 22–3227.05. Correction of public records

§ 22–3227.05. Correction of public records.
(a) When a person is convicted, adjudicated delinquent, or found not guilty by reason of insanity of identity theft, the court may issue such orders as are necessary to correct any District of Columbia public record that contains false information as a result of a violation of this subchapter.
(b) In all other cases, a person who alleges that he or she is a victim of identity theft may petition the court for an expedited judicial determination that a District of Columbia public record contains false information as a result of a violation of this subchapter. Upon a finding of clear and convincing evidence that the person was a victim of identity theft, the court may issue such orders as are necessary to correct any District of Columbia public record that contains false information as a result of a violation of this subchapter.
(c) Notwithstanding any other provision of law, District of Columbia agencies shall comply with orders issued under subsection (a) of this section within 30 days of issuance of the order.
(d) For the purposes of this section, the term “District of Columbia public record” means any document, book, photographic image, electronic data recording, paper, sound recording, or other material, regardless of physical form or characteristic, made or received pursuant to law or in connection with the transaction of public business by any officer or employee of the District of Columbia.
(Dec. 1, 1982, D.C. Law 4-164, § 127e; as added Mar. 27, 2004, D.C. Law 15-106, § 2(c), 50 DCR 9809.)
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).
2023 District of Columbia Code › Title 22 - Criminal Offenses and Penalties › Chapter 32 - Theft; Fraud; Stolen Property; Forgery; and Extortion › Subchapter III-C - Identity Theft › § 22–3227.06. Jurisdiction

§ 22–3227.06. Jurisdiction.
The offense of identity theft shall be deemed to be committed in the District of Columbia, regardless of whether the offender is physically present in the District of Columbia, if:
(1) The person whose personal identifying information is improperly obtained, created, possessed, or used is a resident of, or located in, the District of Columbia; or
(2) Any part of the offense takes place in the District of Columbia.
(Dec. 1, 1982, D.C. Law 4-164, § 127f; as added Mar. 27, 2004, D.C. Law 15-106, § 2(c), 50 DCR 9809; Dec. 10, 2009, D.C. Law 18-88, § 214(l), 56 DCR 7413.)
Effect of Amendments
D.C. Law 18-88, in par. (1), substituted “resident of, or located in,” for “resident of”.
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 § 102(k) 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(l) 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(l) of Omnibus Public Safety and Justice Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-227, October 21, 2009, 56 DCR 8668).
2023 District of Columbia Code › Title 22 - Criminal Offenses and Penalties › Chapter 32 - Theft; Fraud; Stolen Property; Forgery; and Extortion › Subchapter III-C - Identity Theft › § 22–3227.07. Limitations

§ 22–3227.07. Limitations.
Obtaining, creating, possessing, and using a person’s personal identifying information in violation of this subchapter shall constitute a single scheme or course of conduct, and the applicable period of limitation under § 23-113 shall not begin to run until after the scheme or course of conduct has been completed or terminated.
(Dec. 1, 1982, D.C. Law 4-164, § 127g; as added Mar. 27, 2004, D.C. Law 15-106, § 2(c), 50 DCR 9809.)
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).
2023 District of Columbia Code › Title 22 - Criminal Offenses and Penalties › Chapter 32 - Theft; Fraud; Stolen Property; Forgery; and Extortion › Subchapter III-C - Identity Theft › § 22–3227.08. Police reports

§ 22–3227.08. Police reports.
The Metropolitan Police Department shall make a report of each complaint of identity theft and provide the complainant with a copy of the report.
(Dec. 1, 1982, D.C. Law 4-164, § 127h; as added Mar. 27, 2004, D.C. Law 15-106, § 2(c), 50 DCR 9809.)
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).
2023 District of Columbia Code › Title 22 - Criminal Offenses and Penalties › Chapter 32 - Theft; Fraud; Stolen Property; Forgery; and Extortion › Subchapter IV - Stolen Property › § 22–3231. Trafficking in stolen property

§ 22–3231. Trafficking in stolen property.
(a) For the purposes of this section, the term “traffics” means:
(1) To sell, pledge, transfer, distribute, dispense, or otherwise dispose of property to another person as consideration for anything of value; or
(2) To buy, receive, possess, or obtain control of property with intent to do any of the acts set forth in paragraph (1) of this subsection.
(b) A person commits the offense of trafficking in stolen property if, on 2 or more separate occasions, that person traffics in stolen property, knowing or having reason to believe that the property has been stolen.
(c) It shall not be a defense to a prosecution under this section, alone or in conjunction with § 22-1803, that the property was not in fact stolen, if the accused engages in conduct which would constitute the crime if the attendant circumstances were as the accused believed them to be.
(d) Any person convicted of trafficking in stolen property shall be fined not more than the amount set forth in § 22-3571.01 or imprisoned for not more than 10 years, or both.
(Dec. 1, 1982, D.C. Law 4-164, § 131, 29 DCR 3976; Apr. 20, 2012, D.C. Law 19-120, § 101(b), 58 DCR 11235; June 11, 2013, D.C. Law 19-317, § 205(o), 60 DCR 2064.)
Prior Codifications
1981 Ed., § 22-3831.
Section References
This section is referenced in § 22-3202, § 23-546, and § 50-1403.02.
Effect of Amendments
D.C. Law 19-120, in subsec. (c), substituted “section, alone or in conjunction with § 22-1803,” for “section”.
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 $10,000” in (d).
Emergency Legislation
For temporary (90 day) amendment of section, see § 101(b) 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(b) 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).
For temporary (90 days) amendment of this section, see § 205(o) 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.
2023 District of Columbia Code › Title 22 - Criminal Offenses and Penalties › Chapter 32 - Theft; Fraud; Stolen Property; Forgery; and Extortion › Subchapter IV - Stolen Property › § 22–3234. Altering or removing bicycle identification numbers

§ 22–3234. Altering or removing bicycle identification numbers.
(a) It is unlawful for a person to knowingly remove, obliterate, tamper with, or alter any identification number on a bicycle or bicycle part.
(b) Any person who violates subsection (a) of this section shall be guilty of a misdemeanor and, upon conviction, shall be imprisoned for not more than 180 days, or fined not more than the amount set forth in § 22-3571.01, or both.
(c) For the purposes of this section, the term:
(1) “Bicycle” shall have the same meaning as provided in § 50-1609(1).
(2) “Identification number” shall have the same meaning as provided in § 50-1609(1A).
(Dec. 1, 1982, D.C. Law 4-164, § 134; as added May 1, 2008, D.C. Law 17-149, § 3, 55 DCR 1272; June 11, 2013, D.C. Law 19-317, § 205(r), 60 DCR 2064.)
Effect of Amendments
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 $1,000” in (b).
Emergency Legislation
For temporary (90 days) amendment of this section, see § 205(r) 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.