D.C. Criminal Code Revisions

of a mistake, to take reasonable measures to restore such property to a person who is known to be entitled to have it; or (D) obtain, for the use of the actor or another, services which the actor knows are available only for compensation, without paying for those services; or

(E) records, copies, or otherwise reproduces, unless permitted under Federal copyright law, any property for purposes of selling or commercially using the record, copy, or reproduction in any manner without the authorization of the owner, if any, of the original; or

(F) buys, receives, possesses, or obtains control of stolen property.

(b) CONSOLIDATION OF PRIOR OFFENSES.-The offense of theft includes, but is not limited to, any conduct which was known prior to the date of enactment of this section as theft, stealing, larceny, larceny by trick, larceny after trust, embezzlement, obtaining property by false pretenses or fraud, conversion, or receiving stolen goods.

(c) AFFIRMATIVE DEFENSE.-It is an affirmative defense to a prosecution under this section that the defendant acted under a good faith reasonable claim of right to the property or services involved, or had a good faith reasonable basis for failing to pay.

(d) SPECIAL PROVISIONS RELATING TO THEFT OF SERVICES.-Proof that the actor failed to pay for services is not alone sufficient to establish that the actor intended to obtain the services involved without payment therefor. Where compensation for services is ordinarily paid immediately upon the rendering of service or prior to the actor's departure from the place where the services are obtained, proof that the actor departed from that place, knowing that no payment had been. made for the services received by that person, gives rise to a presumption that the actor intended to obtain the services without payment therefor.

(e) VALUATION.-If the value of property or services is determinative of the grade of an offense, or is otherwise relevant in a prosecution under this chapter, the value of the property or services is

(1) the fair market value thereof at the time and place of the offense, as determined according to any reasonable standard, including, but not limited to, opinion testimony from the owner of the property involved or the provider of the services involved;

(2) if the fair market value thereof cannot be satisfactorily ascertained, the cost of replacing that property or services within a reasonable time after the offense; or

(3) in the case of a written instrument which does not have a readily ascertainable fair market value and

(A) which constitutes evidence of a debt, the amount due and collectible thereon at maturity less any part that has been satisfied; and

(B) which does not constitute evidence of a debt, the greatest amount of economic loss which the owner of that instrument might reasonably suffer by virtue of the loss of that instrument; or

(4) in the case of a recording, copying, or reproduction of property, the value generated by the record, copy, or reproduc

tion, as measured by the fair market value of authorized property or services of that type.

If the defendant gave consideration for or had a legal interest in the property or services involved, the amount of that consideration or the value of that interest shall be deducted in determining the value of the property or services. Amounts involved in an offense described in this section or chapter shall be aggregated in determining the grade of the offense committed if such amounts were obtained pursuant to a common scheme, a plan, or a course of conduct.

(f) GRADING.

(1) Theft is a Class

felony if

(A) the value of the property or services involved exceeds $25,000; or

(B) the theft involved ten or more victims or ten or more separate transactions or occurrences; or

(C) the theft is of a check (or proceeds thereof) that is issued by a public authority to provide old age, survivors' disability, unemployment, or welfare benefits or other public assistance to any person; or

(D) the theft is of a firearm, ammunition, or a destructive device.

(A) the value of the property or services involved exceeds $500 but is not more than $25,000; or

(B) the theft is of a vehicle, a motorcycle, a credit card, or an engraving, plate, check-writing machine, or other implement or device designed for printing or making a written instrument; or

(3 Theft is a Class — misdemeanor if the value of the property or services involved exceeds $100 but is not more than $500. (4) Theft is a Class misdemeanor if the value of the prop

erty or services involved is $100 or less.

§ 22-903. EXTORTION.

(a) OFFENSE.-A person is guilty of extortion if that person obtains property of another or services by knowingly threatening or placing another in fear that any person will

(1) engage in conduct constituting a crime; or

(2) accuse any person of a crime; or

(3) procure, except for cause, the dismissal of any person from employment, or refuse, except for cause, to renew any contract of employment; or

(4) expose a secret or publicize an asserted fact, whether true or false, with intent to subject any person to hatred, contempt, or ridicule or to impair the financial, professional, or personal reputation of any person; or

(5) take or withhold official action as a public servant or cause a public servant to take or withhold official action

(b) DEFENSE.-Except as to subsection (a) (1), it is a defense to a prosecution under this section that the defendant

(1) reasonably believed that the threatened or feared conduct was justified; and

(2) intended solely to compel or induce the person threatened or placed in fear to take lawful and reasonable action to prevent or remedy the asserted wrong that prompted the defendant's conduct.

22-904. SHOPLIFTING.

felony.

(a) OFFENSE.-A person is guilty of shoplifting if, with intent to appropriate without complete payment any tangible personal property of another that is offered for sale, that person knowingly

(1) conceals any such property; or

(2) removes or alters any label, price tag, serial number, or other identifying mark that is imprinted on or attached to any such property; or

(3) transfers any such property from the container in which it is displayed or packaged to any other container.

(b) AFFIRMATIVE DEFENSE.-It is an affirmative defense to a prosecution under this section that the defendant acted under a good faith reasonable claim of right.

(c) ATTEMPT PROSECUTION PROHIBITED.-It is not an offense under section 22-201 (Criminal Attempt) to attempt to commit an offense described in this section.

(d) SPECIAL PROVISION.-A person who offers tangible personal property for sale to the public, or an employee or agent of such a person, who detains or causes the arrest of a person in a place where such property is offered for sale shall not be held liable for detention, false imprisonment, malicious prosecution, defamation, or false arrest, in any proceeding arising out of such detention or arrest, if

(1) the person detaining or causing such arrest had, at the time thereof, probable cause to believe that the person detained or arrested had committed, in that person's presence, an offense described in this section; and

(2) the manner of such detention or arrest was reasonable; and (3) the person detained or arrested was released within 15 minutes of the detention or arrest, or law enforcement authorities were notified within that period; and

(4) the person detained or arrested was released within 60 minutes of the detention or arrest, or was surrendered to law enforcement authorities within that period.

(e) GRADING.-Shoplifting is a Class

§ 22-905. FRAUD.

misdemeanor.

(a) OFFENSE.-A person is guilty of fraud if that person engages in conduct with intent to execute a scheme or artifice to defraud or to obtain any property of another by means of false or fraudulent pretense, representation, or promise, whether the scheme or artifice was devised by the actor or by any other person.

(b) DEFINITION.-As used in this section, the term "conduct" includes a failure to state a fact that is necessary to avoid making a statement misleading.

(1) Fraud is a Class -felony if

(A) the value of the property or services which was obtained by or which was the object of the fraud exceeds $25,000; or

(B) the fraud involved ten or more intended victims or ten or more separate transactions or occurrences; or

(C) the property which was obtained by or which was the object of the fraud is a check (or proceeds thereof) that is issued by a public authority to provide old age, survivors', disability, unemployment, or welfare benefits or other public assistance to any person.

(2) Fraud is a Class felony if

(A) the value of the property or services which was obtained by or which was the object of the fraud exceeds $500 but is not more than $25,000; or

(B) the property which was obtained by or which was the object of the fraud is a vehicle or motorcycle, a credit card, or an engraving, plate, check-writing machine, or other implement or device designed for printing or making a written instrument; or

(3) Fraud is a Class misdemeanor in any other case;

§ 22-906. UNAUTHORIZED USE OF A VEHICLE.

(a) OFFENSE.-A person is guilty of unauthorized use of a vehicle if that person

(1) knowingly takes, exercises control over, rides in, or otherwise uses a vehicle or motorcycle; and

(2) has knowledge that neither the owner nor any other person authorizced to give consent has consented to such action. (b) GRADING.-Unauthorized use of a vehicle is

(1) a Class misdemeanor if the vehicle involved is recovered within the District of Columbia, within 24 hours after its absence was reported to the authorities by the owner or other authorized person, and if the vehicle was not used in the commission of any other offense, or defaced or damaged; and (2) a Class felony in any other case.

§ 22-907. FAILURE TO RETURN A RENTED VEHICLE.

(a) OFFENSE.-A person is guilty of failure to return a rented vehicle if that person

(1) leases, rents, or uses any vehicle or motorcycle under a written agreement which provides for the return of that vehicle or motorcycle to a particular place at a specified time; and

(2) knowingly fails to return that vehicle or motorcycle to such place, or to any other place authorized under the agreement, by the specified time, or within a reasonable time thereafter. Failure to return the vehicle or motorcycle within [ ] days after written demand is made there for after the date specified for the return of the vehicle or motorcycle gives rise to a presumption that the actor knowingly failed to return the vehicle or motorcycle within a reasonable time, provided that a clear and conspicuous warning of this provision is included in the agreement. For purposes of this subsection, written demand means notice in writing containing such a warning of this provision either (A) actually delivered to the person who obtained the vehicle or motorcycle, or (B) deposited in the United States mails in a post-paid registered or certified letter, return receipt requested addressed to such person at each address set forth in written

(b) AFFIRMATIVE DEFENSE. It is an affirmative defense to a prosecution under this section that the defendant failed to return the vehicle or motorcycle involved for reasons beyond that person's control. (c) GRADING.-Failure to return a rented vehicle is a Class felony.

§ 22-908. TRAFFICKING IN STOLEN PROPERTY.

(a) OFFENSE.-A person is guilty of trafficking in stolen property if that person recklessly buys, receives, possesses, or obtains control of stolen property with intent to sell or to transfer for value any such property to any other person.

(b) GRADING.-Trafficking in stolen property is a Class felony.

§ 22-909. INTERFERING WITH A SECURITY INTEREST.

(a) OFFENSE.-A person is guilty of interfering with a security interest if that person

(1) has property which is subject to a security interest in another person; and

(2) intentionally deprives the holder of that security interest of a right to or benefit of the property involved by destroying, removing, concealing, encumbering, transferring, or converting the property.

(b) DEFINITION.-As used in this section, the term "security interest" has the meaning prescribed for that term in section 1-201 (37) of title 28, District of Columbia Code.

(1) a Class felony if the value of the right or benefit of which the holder is deprived exceeds $10,000; and

(2) a Class

misdemeanor in any other case.

§ 22-920. GENERAL PROVISIONS AND DEFINITIONS FOR CHAPTER 9. (a) MULTIPLE CONVICTIONS.-A person convicted both of theft and of any other offense described in any provision of this chapter may be sentenced for theft or for the other offense, but not for both, where the prosecution is based on the same underlying transaction or

Occurrence.

(b) DEFINITIONS.-As used in this chapter, the following terms shall have the following meanings:

(1) The term "property" means anything of value. The term includes

(A) any tangible or intangible personal property, including, but not limited to, money, a security, a paper, a document, a record, proprietary information, a tape, a program, a performance, a right, a privilege, an interest, or a claim; and

(B) any real property, including, but not limited to, things growing on, affixed to, or found on land; and

(C) anything that might reasonably be regarded by the actor as providing, directly or indirectly, a gain or advantage or a source of gain or advantage for the actor or any other

person.

(2) The term "property of another" means any property in which a person other than the actor has as interest which the

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