(a) Fraud in the first degree. -- A person commits the offense of fraud in the first degree if that person engages in a scheme or systematic course of conduct with intent to defraud or to obtain property of another by means of a false or fraudulent pretense, representation, or promise and thereby obtains property of another or causes another to lose property.
(b) Fraud in the second degree. -- A person commits the offense of fraud in the second degree if that person engages in a scheme or systematic course of conduct with intent to defraud or to obtain property of another by means of a false or fraudulent pretense, representation, or promise.
(c) False promise as to future performance. -- Fraud may be committed by means of false promise as to future performance which the accused does not intend to perform or knows will not be performed. An intent or knowledge shall not be established by the fact alone that one such promise was not performed.
(Dec. 1, 1982, D.C. Law 4-164, § 121, 29 DCR 3976.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 22-3821.
Legislative History of Laws
For legislative history of D.C. Law 4-164, see Historical and Statutory Notes following § 22-3201.
(a) Fraud in the first degree. -- (1) Any person convicted of fraud in the first degree shall be fined not more than $5,000 or 3 times the value of the property obtained or lost, whichever is greater, or imprisoned for not more than 10 years, or both, if the value of the property obtained or lost is $1,000 or more; and
(2) Any person convicted of fraud in the first degree shall be fined not more than $1,000 or imprisoned for not more than 180 days, or both, if the property obtained or lost has some value.
(b) Fraud in the second degree. -- (1) Any person convicted of fraud in the second degree shall be fined not more than $3,000 or 3 times the value of the property which was the object of the scheme or systematic course of conduct, whichever is greater, or imprisoned for not more than 3 years, or both, if the value of the property which was the object of the scheme or systematic course of conduct is $1,000 or more; and
(2) Any person convicted of fraud in the second degree shall be fined not more than $1,000 or imprisoned for not more than 180 days, or both, if the property that was the object of the scheme or systematic course of conduct has some value.
(Dec. 1, 1982, D.C. Law 4-164, § 122, 29 DCR 3976; Aug. 20, 1994, D.C. Law 10-151, § 113(c), 41 DCR 2608; June 3, 2011, D.C. Law 18-377, § 12(a), 58 DCR 1174.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 22-3822.
Effect of Amendments
D.C. Law 18-377, in subsec. (a)(1), substituted "$1,000" for "$250"; in subsec. (a)(2), substituted "if the property obtained or lost has some value" for "if the value of the property which was the object of the scheme or systematic course of conduct was less than $250"; in subsec. (b)(1), substituted "is $1,000" for "was $250"; and, in subsec. (b)(2), substituted "if the property that was the object of the scheme or systematic course of conduct has some value " for "if the value of the property which was the object of the scheme or systematic course of conduct was less than $250".
Emergency Act Amendments
For temporary amendment of section, see § 113(c) of the Omnibus Criminal Justice Reform Emergency Amendment Act of 1994 (D.C. Act 10-255, June 22, 1994, 41 DCR 4286).
For temporary (90 day) amendment of section, see § 512(a) 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(a) 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).
Legislative History of Laws
For legislative history of D.C. Law 4-164, see Historical and Statutory Notes following § 22-3201.
For legislative history of D.C. Law 10-151, see Historical and Statutory Notes following § 22-3212.
For history of Law 18-377, see notes under § 22-303.
(a) For the purposes of this section, the term "credit card" means an instrument or device, whether known as a credit card, debit card, or by any other name, issued for use of the cardholder in obtaining or paying for property or services.
(b) A person commits the offense of credit card fraud if, with intent to defraud, that person obtains or pays for property or services by:
(1) Knowingly using a credit card, or the number or description thereof, which has been issued to another person without the consent of the person to whom it was issued;
(2) Knowingly using a credit card, or the number or description thereof, which has been revoked or cancelled;
(3) Knowingly using a falsified, mutilated, or altered credit card or number or description thereof;
(4) Representing that he or she is the holder of a credit card and the credit card had not in fact been issued; or
(5) Knowingly using for the employee's or contractor's own purposes a credit card, or the number on or description of the credit card, issued to or provided to an employee or contractor by or at the request of an employer for the employer's purposes.
(c) A credit card is deemed cancelled or revoked when notice in writing thereof has been received by the named holder as shown on the credit card or by the records of the issuer.
(d)(1) Except as provided in paragraph (2) of this subsection, any person convicted of credit card fraud shall be fined not more than $1,000, imprisoned for not more than 180 days, or both.
(2) Any person convicted of credit card fraud shall be fined not more than $5,000, imprisoned for not more than 10 years, or both, if the value of the property or services obtained or paid for is $1,000 or more.
(Dec. 1, 1982, D.C. Law 4-164, § 123, 29 DCR 3976; Aug. 20, 1994, D.C. Law 10-151, § 113(d), 41 DCR 2608; Dec. 10, 2009, D.C. Law 18-88, § 214(f), 56 DCR 7413.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 22-3823.
Effect of Amendments
D.C. Law 18-88 rewrote subsecs. (a), (b), and (d), which had read as follows:
"(a) For the purpose of this section, the term "credit card" means an instrument or device, whether known as a credit card plate, debit card, or by any other name, issued by a person for use of the cardholder in obtaining property or services.
"(b) A person commits the offense of credit card fraud if, with intent to defraud, that person obtains property of another by:
"(1) Knowingly using a credit card, or the number or description thereof, which has been issued to another person without the consent of the person to whom it was issued;
"(2) Knowingly using a credit card, or the number or description thereof, which has been revoked or cancelled;
"(3) Knowingly using a falsified, mutilated, or altered credit card or number or description thereof; or
"(4) Representing that he or she is the holder of a credit card and the credit card had not in fact been issued."
"(d)(1) Any person convicted of credit card fraud shall be fined not more than $5,000 or imprisoned for not more than 10 years, or both, if the value of the property obtained is $250 or more."
"(2) Any person convicted of credit card fraud shall be fined not more than $1,000 or imprisoned for not more than 180 days, or both, if the value of the property obtained is less than $250."
Emergency Act Amendments
For temporary amendment of section, see § 113(d) of the Omnibus Criminal Justice Reform Emergency Amendment Act of 1994 (D.C. Act 10-255, June 22, 1994, 41 DCR 4286).
For temporary (90 day) amendment of section, see § 102(e) 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(f) 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(f) of Omnibus Public Safety and Justice Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-227, October 21, 2009, 56 DCR 8668).
Legislative History of Laws
For legislative history of D.C. Law 4-164, see Historical and Statutory Notes following § 22-3201.
For legislative history of D.C. Law 10-151, see Historical and Statutory Notes following § 22-3212.
For Law 18-88, see notes following § 22-404.
(a) A person commits the offense of fraudulent registration if, with intent to defraud the proprietor or manager of a hotel, motel, or other establishment which provides lodging to transient guests, that person falsely registers under a name or address other than his or her actual name or address.
(b) Any person convicted of fraudulent registration shall be fined not more than $300 or imprisoned for not more than 90 days, or both.
(Dec. 1, 1982, D.C. Law 4-164, § 124, 29 DCR 3976.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 22-3824.
Legislative History of Laws
For legislative history of D.C. Law 4-164, see Historical and Statutory Notes following § 22-3201.
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.)
HISTORICAL AND STATUTORY NOTES
Emergency Act Amendments
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).
Legislative History of Laws
For Law 18-88, see notes following § 22-404.
