For the purposes of this subchapter, the term:
(1) "Financial injury" means all monetary costs, debts, or obligations incurred by a person as a result of another person obtaining, creating, possessing, or using that person's personal identifying information in violation of this subchapter, including, but not limited to:
(A) The costs of clearing the person's credit rating, credit history, criminal record, or any other official record, including attorney fees;
(B) The expenses related to any civil or administrative proceeding to satisfy or contest a debt, lien, judgment, or other obligation of the person that arose as a result of the violation of this subchapter, including attorney fees;
(C) The costs of repairing or replacing damaged or stolen property;
(D) Lost time or wages, or any similar monetary benefit forgone while the person is seeking redress for damages resulting from a violation of this subchapter; and
(E) Lost time, wages, and benefits, other losses sustained, legal fees, and other expenses incurred as a result of the use, without permission, of one's personal identifying information by another as prohibited by § 22-3227.02.
(2) Repealed.
(3) "Personal identifying information" includes, but is not limited to, the following:
(A) Name, address, telephone number, date of birth, or mother's maiden name;
(B) Driver's license or driver's license number, or non-driver's license or non-driver's license number;
(C) Savings, checking, or other financial account number;
(D) Social security number or tax identification number;
(E) Passport or passport number;
(F) Citizenship status, visa, or alien registration card or number;
(G) Birth certificate or a facsimile of a birth certificate;
(H) Credit or debit card, or credit or debit card number;
(I) Credit history or credit rating;
(J) Signature;
(K) Personal identification number, electronic identification number, password, access code or device, electronic address, electronic identification number, routing information or code, digital signature, or telecommunication identifying information;
(L) Biometric data, such as fingerprint, voice print, retina or iris image, or other unique physical representation;
(M) Place of employment, employment history, or employee identification number; and
(N) Any other numbers or information that can be used to access a person's financial resources, access medical information, obtain identification, act as identification, or obtain property.
(4) "Property" shall have the same meaning as provided in § 22-3201(3) and shall include credit.
(Dec. 1, 1982, D.C. Law 4-164, § 127a, as added Mar. 27, 2004, D.C. Law 15-106, § 2(c), 50 DCR 9809; Dec. 10, 2009, D.C. Law 18-88, § 214(i), 56 DCR 7413.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 18-88, in par. (1), deleted "and" from the end of subpar. (C); substituted "; and" for a period at the end of par. (D), and added subpar. (E); and repealed par. (2), which had read as follows:
"(2) 'Person' means an individual, whether living or dead."
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 102(h) 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(i) 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(i) 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
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.
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.)
HISTORICAL AND STATUTORY NOTES
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 Act Amendments
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) 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).
Legislative History of Laws
For Law 15-106, see notes following § 22-3227.01.
For Law 18-88, see notes following § 22-404.
(a) Identity theft in the first degree. -- Any person convicted of identity theft shall be fined not more than (1) $10,000, (2) 3 times the value of the property obtained or (3) 3 times the amount of the financial injury, whichever is greatest, or imprisoned for not more than 10 years, or both, if the property obtained, or attempted to be obtained, or the amount of the financial injury is $1,000 or more.
(b) Identity theft in the second degree. -- Any person convicted of identity theft shall be fined not more than $1,000 or imprisoned for not more than 180 days, or both, if the property obtained, or attempted to be obtained, or the amount of the financial injury, has some value, or if another person is falsely accused of, or arrested for, committing a crime because of the use, without permission, of that person's personal identifying information.
(c) Enhanced penalty. -- Any person who commits the offense of identity theft against an individual who is 65 years of age or older, at the time of the offense, may be punished by a fine of up to 1 1/2 times the maximum fine otherwise authorized for the offense and may be imprisoned for a term of up to 1 1/2 times the maximum term of imprisonment otherwise authorized for the offense, or both. It is an affirmative defense that the accused:
(1) Reasonably believed that the victim was not 65 years of age or older at the time of the offense; or
(2) Could not have determined the age of the victim because of the manner in which the offense was committed.
(Dec. 1, 1982, D.C. Law 4-164, § 127c, as added Mar. 27, 2004, D.C. Law 15-106, § 2(c), 50 DCR 9809; Apr. 24, 2007, D.C. Law 16-306, § 218, 53 DCR 8610; Dec. 10, 2009, D.C. Law 18-88, § 214(k), 56 DCR 7413; June 3, 2011, D.C. Law 18-377, § 12(d), 58 DCR 1174.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 16-306, in subsecs. (a) and (b), inserted "or attempted to be obtained," following "of the property obtained".
D.C. Law 18-88, in subsec. (a), substituted "$1,000 or more" for "$250 or more"; and, in subsec. (b), substituted "has some value, or if another person is falsely accused of, or arrested for, committing a crime because of the use, without permission, of that person's personal identifying information" for "whichever is greater, is less than $250".
D.C. Law 18-377, in subsec. (b), substituted "if" for "if the value of".
Temporary Amendments of Section
Section 2 of D.C. Law 16-141, in subsec. (a), inserted "or attempted to be obtained" following "if the property obtained"; and, in subsec. (a), inserted "or attempted to be obtained" following "of the property obtained".
Section 4(b) of D.C. Law 16-141 provides that the act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
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 § 2 of Identity Theft Technical Emergency Amendment Act of 2006 (D.C. Act 16-257, January 26, 2006, 53 DCR 772).
For temporary (90 day) amendment of section, see § 2 of Identity Theft Technical Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16- 359, April 26, 2006, 53 DCR 3615).
For temporary (90 day) amendment of section, see § 218 of Omnibus Public Safety Emergency Amendment Act of 2006 (D.C. Act 16-445, July 19, 2006, 53 DCR 6443).
For temporary (90 day) amendment of section, see § 218 of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-490, October 18, 2006, 53 DCR 8686).
For temporary (90 day) amendment of section, see § 218 of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-10, January 16, 2007, 54 DCR 1479).
For temporary (90 day) amendment of section, see § 218 of Omnibus Public Safety Second Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-25, April 19, 2007, 54 DCR 4036).
For temporary (90 day) amendment of section, see § 102(j) 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(k) 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(k) of Omnibus Public Safety and Justice Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-227, October 21, 2009, 56 DCR 8668).
For temporary (90 day) amendment of section, see § 512(d) 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(d) 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 Law 15-106, see notes following § 22-3227.01.
For Law 16-306, see notes following § 22-404.
For Law 18-88, see notes following § 22-404.
For history of Law 18-377, see notes under § 22-303.
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.)
HISTORICAL AND STATUTORY NOTES
Emergency Act Amendments
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).
Legislative History of Laws
For Law 15-106, see notes following § 22-3227.01.
(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.)
HISTORICAL AND STATUTORY NOTES
Emergency Act Amendments
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).
Legislative History of Laws
For Law 15-106, see notes following § 22-3227.01.
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.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 18-88, in par. (1), substituted "resident of, or located in," for "resident of".
Emergency Act Amendments
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).
Legislative History of Laws
For Law 15-106, see notes following § 22-3227.01.
For Law 18-88, see notes following § 22-404.
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.)
HISTORICAL AND STATUTORY NOTES
Emergency Act Amendments
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).
Legislative History of Laws
For Law 15-106, see notes following § 22-3227.01.
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.)
HISTORICAL AND STATUTORY NOTES
Emergency Act Amendments
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).
Legislative History of Laws
For Law 15-106, see notes following § 22-3227.01.
