• Current through October 23, 2012

(a) A person may be convicted of any combination of theft, identity theft, fraud, credit card fraud, unauthorized use of a vehicle, commercial piracy, and receiving stolen property for the same act or course of conduct; provided, that no person shall be consecutively sentenced for any such combination or combinations that arise from the same act or course of conduct.

(b) Convictions arising out of the same act or course of conduct shall be considered as one conviction for purposes of any application of repeat offender sentencing provisions.

(Dec. 1, 1982, D.C. Law 4-164, § 103, 29 DCR 3976; June 3, 1997, D.C. Law 11-275, § 12(a), 44 DCR 1408; Mar. 27, 2004, D.C. Law 15-106, § 2(b), 50 DCR 9809; Dec. 10, 2009, D.C. Law 18-88, § 214(b), 56 DCR 7413.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 22-3803.

Effect of Amendments

D.C. Law 15-106 made nonsubstantive changes in pars. (2) and (3); and added pars. (4) and (5).

D.C. Law 18-88 rewrote the section, which had read as follows:

"No person shall be consecutively sentenced for the same act or course of conduct for the following:

"(1) Theft and fraud;

"(2) Theft and unauthorized use of a vehicle;

"(3) Theft and commercial piracy;

"(4) Identity theft and theft; or

"(5) Identity theft and fraud."

Emergency Act Amendments

For temporary (90 day) amendment of section, see § 2(b) of Identity Theft Emergency Amendment Act of 2003 (D.C. Act 15-285, December 18, 2003, 51 DCR 204).

For temporary (90 day) amendment of section, see § 2(b) 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(b) 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(b) 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(b) 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.

Law 11-275, the "Second Criminal Code Technical Amendments Act of 1996," was introduced in Council and assigned Bill No. 11-909, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 7, 1996, and December 3, 1996, respectively. Signed by the Mayor on December 24, 1996, it was assigned Act No. 11-520 and transmitted to both Houses of Congress for its review. D.C. Law 11-275 became effective on June 3, 1997.

Law 15-106, the "Identity Theft Amendment Act of 2003", was introduced in Council and assigned Bill No. 15-36, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on July 8, 2003, and October 7, 2003, respectively. Signed by the Mayor on October 24, 2003, it was assigned Act No. 15-196 and transmitted to both Houses of Congress for its review. D.C. Law 15-106 became effective on March 27, 2004.

For Law 18-88, see notes following § 22-404.