# D.C. Code § 22-3212: Penalties for theft

> District of Columbia · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_DC_T22_C32_S22-3212

## Section

- **Citation:** D.C. Code § 22-3212
- **Heading:** Penalties for theft
- **Jurisdiction:** District of Columbia
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** DC Code / Title 22 / Chapter 32 / § 22-3212

## Text

(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.
s 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) Section 22-3211;
(2) A statute in one or more jurisdictions prohibiting theft or larceny; or
(3) Conduct that would constitute a violation of section 22-3211 if committed in the District of Columbia.

## Nearby sections

- [D.C. Code § 22-3201 § 22-3201. Definitions.](https://www.frixlaw.com/law-library/statutes/STATE_DC_T22_C32_S22-3201.md)
- [D.C. Code § 22-3202 § 22-3202. Aggregation of amounts received to determine grade of offense.](https://www.frixlaw.com/law-library/statutes/STATE_DC_T22_C32_S22-3202.md)
- [D.C. Code § 22-3203 § 22-3203. Consecutive sentences.](https://www.frixlaw.com/law-library/statutes/STATE_DC_T22_C32_S22-3203.md)
- [D.C. Code § 22-3204 § 22-3204. Case referral.](https://www.frixlaw.com/law-library/statutes/STATE_DC_T22_C32_S22-3204.md)
- [D.C. Code § 22-3211 § 22-3211. Theft.](https://www.frixlaw.com/law-library/statutes/STATE_DC_T22_C32_S22-3211.md)
- [D.C. Code § 22-3211.01 § 22-3211.01. Directing organized retail theft.](https://www.frixlaw.com/law-library/statutes/STATE_DC_T22_C32_S22-3211.01.md)
- [D.C. Code § 22-3212 § 22-3212. Penalties for theft.](https://www.frixlaw.com/law-library/statutes/STATE_DC_T22_C32_S22-3212.md)
- [D.C. Code § 22-3213 § 22-3213. Shoplifting.](https://www.frixlaw.com/law-library/statutes/STATE_DC_T22_C32_S22-3213.md)
- [D.C. Code § 22-3214 § 22-3214. Commercial piracy.](https://www.frixlaw.com/law-library/statutes/STATE_DC_T22_C32_S22-3214.md)
- [D.C. Code § 22-3214.01 § 22-3214.01. Deceptive labeling.](https://www.frixlaw.com/law-library/statutes/STATE_DC_T22_C32_S22-3214.01.md)
- [D.C. Code § 22-3214.02 § 22-3214.02. Unlawful operation of a recording device in a motion picture theater.](https://www.frixlaw.com/law-library/statutes/STATE_DC_T22_C32_S22-3214.02.md)
- [D.C. Code § 22-3215 § 22-3215. Unauthorized use of motor vehicles.](https://www.frixlaw.com/law-library/statutes/STATE_DC_T22_C32_S22-3215.md)
- [D.C. Code § 22-3216 § 22-3216. Taking property without right.](https://www.frixlaw.com/law-library/statutes/STATE_DC_T22_C32_S22-3216.md)
- [D.C. Code § 22-3218.01 § 22-3218.01. Definitions.](https://www.frixlaw.com/law-library/statutes/STATE_DC_T22_C32_S22-3218.01.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_DC_T22_C32_S22-3212. Check the current official text before relying on it. Not legal advice.
