Theft

Theft in Washington, D.C. is a general offense that encompasses what used to be a series of separate offenses affecting property interests.  It includes, for example, what used to be called larceny, embezzlement, theft by deception, and larceny by trick.

Elements of the Offense

The offense in its present form includes three basic elements.  The first element, which is pretty self-evident, is that the property in question belongs to another person.

The second element is that the perpetrator “wrongfully obtains or uses” the property.  This can be through the actual physical taking of the property.  If I reach down and pick up a wallet, I am “taking” the property.  It can be through the more passive “controlling,” “unauthorized use” or “transfer” of the property.  If I go on-line and, using your confidential bank information, transfer funds from your account into my account, that act would meet this element of the offense.  Finally, this element can be satisfied through some form of deception related to the property.  If I tell you I will give you $100 in two days in exchange for your coat today and you agree and if two days later I refuse to give you the coat, that could qualify under this element.  It doesn’t matter if I initially planned to give you $100 in two days and then changed my mind or if I planned to deceive you all along.  It doesn’t matter that you initially gave me the coat willingly.

The third and final element addresses the state of mind – or criminal intent – of the person who wrongfully obtains or uses the property.  Specifically, in order to meet this element of the offense, the person needs to intend to either:  (1) deprive the rightful owner of the right or benefit of the property, or (2) appropriate the property to his or her own use or to the use of a third party.

In addition to tangible or intangible property, the theft of services is also covered under the general definition of theft.  If I walk out of a restaurant without paying the bill, that is theft.  I have violated the restaurant’s property interests in both the value of the food I have eaten and the value of the services it provided to feed me.  D.C. Criminal Code 22-3211.

Penalties

Theft in the first degree is when the total value of the property taken is $250 or more.  The penalty for a first degree theft conviction is a maximum fine of $5,000 and imprisonment for no more than 10 years.

If the total value of the property is less than $250, it is a theft in the second degree.  The penalty for second degree theft is a maximum fine of $1,000 and imprisonment for no more than 180 days.  D.C. Criminal Code 22-3212.