Title 22 — Criminal Offenses and Penalties.

For the purposes of this subchapter, the term: (1) “Company” means a person or enterprise engaged in the generation or distribution of natural gas or electricity. (2) “Person” means any individual, corporation, company, association, firm, partnership, joint stock company, or othe…

Unless a person shall be authorized, or employed by, a company engaged in the generation or distribution of natural gas or electricity, a person shall not willfully connect or disconnect an electrical conductor belonging to the company; make any connection with an electrical cond…

(a) The presence of a connection, wire, conductor, meter alteration, or any device which effects the diversion of electric current or gas without the current or gas being measured or registered by or on a meter installed by a company engaged in the generation or distribution of e…

(a) A person who violates § 22-3218.02 shall be guilty of a misdemeanor, and, upon a conviction, shall be imprisoned for not more than 60 days, or fined, not more than the amount set forth in § 22-3571.01, or both. In the case of a second or subsequent conviction, a person who vi…

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…

(1) Any person convicted of fraud in the first degree shall be fined not more than the amount set forth in § 22-3571.01 or twice 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 obtai…

(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 cred…

(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 actua…

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…

For the purposes of this subchapter, the term: (1) “Business of insurance” means the writing of insurance or reinsuring the risks by an insurer, including acts necessary or incidental to writing insurance or reinsuring risks and the activities of persons who act as or are officer…

A person commits the offense of insurance fraud in the first degree if that person knowingly engages in the following conduct with the intent to defraud or to fraudulently obtain property of another and thereby obtains property of another or causes another to lose property and th…

A person commits the offense of insurance fraud in the second degree if that person knowingly engages in conduct specified in § 22-3225.02 with the intent to defraud or to fraudulently obtain property of another and the value of the property which is sought to be obtained is $1,0…

A person commits the offense of misdemeanor insurance fraud if that person knowingly engages in conduct specified in § 22-3225.02 with the intent to defraud or to fraudulently obtain property of another.

(a) Any person convicted of insurance fraud in the first degree shall be fined not more than the amount set forth in § 22-3571.01 or imprisoned for not more than 15 years, or both. (b)(1) Except as provided in paragraph (2) of this subsection, any person convicted of insurance fr…

(a) In addition to the penalties provided under § 22-3225.04, a person convicted under this subchapter shall make monetary restitution for any loss caused by the offense. The court shall determine the form and method of payment which, if by installment, shall not exceed 5 years. …

An insurer shall not be liable for the following: (1) Damages or restitution provided by this subchapter, either jointly, severably, or as a third party, for insurance fraud offense committed by an insured; or (2) The defense of an insured or other person who is charged with insu…

(a) Notwithstanding any other provisions of law, the offenses of insurance fraud in the first degree or the second degree shall be deemed a crime of moral turpitude for the purposes of professional or trade license. (b) The Commissioner, court, or prosecutor shall notify the appr…

(a) Based upon a reasonable belief, an insurer, insurance professional, and any other pertinent person, shall report to the Metropolitan Police Department or the Department of Insurance, Securities, and Banking, actions that may constitute the commission of insurance fraud, and a…

(a) Within 6 months of April 27, 1999, every insurer licensed in the District shall submit to the Department of Insurance and Securities Regulation, an insurance fraud prevention and detection plan (“plan”). The plan shall indicate specific procedures for the accomplishment of th…

The Commissioner may promulgate regulations deemed necessary by the Commissioner for the administration of this subchapter.

(a) The Commissioner shall have the power to issue and serve subpoenas, to compel witnesses to appear and testify, and to produce all books, records, papers, or documents in any insurance investigation or examination. (b) Any willful false testimony by a witness before the Commis…

Each insurer and health maintenance organization licensed in the District shall file an annual anti-fraud activity report on March 31st of each year with the Commissioner, which shall contain information about the special investigation unit’s insurance fraud activities during the…

No person shall be subject to civil liability or criminal prosecution for reporting any suspected insurance fraud if: (1) The report was made to: (A) The Department of Insurance, Securities, and Banking, the Metropolitan Police Department, or any other law enforcement authority; …

(a)(1) Except as provided in paragraph (2) of this subsection, it is unlawful for a practitioner, whether directly or through a paid intermediary, to solicit for financial gain a client, patient, or customer within 21 days of a motor vehicle accident with the intent to seek benef…

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 insured, insurer, claimant, or applicant is a resident of, or located in, the District o…

For the purposes of this subchapter, the term: (1) “Applicant” means any individual, sole proprietorship, partnership, association, cooperative, corporation, nonprofit organization, and any other organization required to register with the District to conduct telemarketing in the …

(a) No person shall transact any business as a telephone solicitor without first having obtained a certificate of registration from the Mayor. (b) The application for certificate of registration shall be made at least 60 business days prior to offering for sale consumer goods or …

(a) The application for registration or renewal shall be accompanied by a surety bond in the amount of $50,000. The bond shall provide for the indemnification of any person suffering a loss as the result a violation of this subchapter. (b) The surety may terminate the bond upon g…

(a) An applicant required under this subchapter to file a bond with a registration application may file with the Mayor, in lieu thereof, a certificate of deposit or government bond in the amount of $50,000. (b) The Mayor shall hold the certificate of deposit or government bond fo…

(a) A telephone solicitor shall be exempt from the registration and bonding requirements of this subchapter if the telephone solicitor is engaged in any of the following activities: (1) Telephone solicitation for religious or political purposes, or for a charitable or educational…

(a) A telephone solicitor commits the offense of telephone solicitation fraud when engaged in any one of the following: (1) Fails to obtain or maintain a valid certificate of registration; (2) Obtains a certificate of registration through any false or fraudulent pretence or repre…

(a) It is a deceptive telemarketing act or practice for any seller or telephone solicitor to misrepresent any of the following material information: (1) The total purchase cost to the consumer of the goods or services to be received; (2) The true name of the telephone solicitor; …

It is an abusive telemarketing act or practice and violation of this subchapter for a seller or telephone solicitor to engage in the following conduct: (1) Cause a telephone to ring more than 15 times in an intended telephone solicitation call; (2) Initiate a telephone solicitati…

(a) The following penalties may be imposed in addition to those otherwise available at law: (1) Any telephone solicitor who violates any provision of this subchapter may be fined up to $1,000 per violation. (2) A permit or license shall be revoked or suspended if the seller or te…

Any telephone solicitor who violates § 22-3226.06 and obtains property thereby shall be guilty of the crime of telemarketing fraud, which is punishable as follows: (1) If the amount of the transaction is valued at $20,000 or more, the seller or telephone solicitor shall upon conv…

(a) Any consumer injured as a result of a violation of § 22-3226.06, § 22-3226.07, or § 22-3226.08 may bring an action in the Superior Court of the District of Columbia to recover or obtain any of the following: (1) A declaratory judgment; (2) Injunctive relief; (3) Reasonable at…

Claims for damages or compensation under this subchapter shall be filed within 3 years of the time the seller or telephone solicitor initiated the solicitation telephone call.

(a) The Mayor shall form a task force for the following purposes: (1) Collecting information on telephone fraud; (2) Taking steps to educate the public about fraud, including telephone fraud; (3) Sharing information related to telephone fraud with District government agencies; (4…

(a) There is established a Fraud Prevention Fund (“Fund”). This Fund shall be nonlapsing. Monies in the Fund shall not be commingled with the General Fund, nor shall the operation of the Fund impose a burden or charge on the General Fund. (b) Monies in the Fund shall consist of f…

(a) Within the first 30 seconds of a telephone call, the telephone solicitor shall identify himself or herself by stating his or her true name, the company on whose behalf the solicitation is being made, and the goods or services to be sold. (b) Any person who violates this secti…

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 s…

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 posse…

Any person convicted of identity theft shall be fined not more than (1) the amount set forth in § 22-3571.01, (2) twice the value of the property obtained or (3) twice the amount of the financial injury, whichever is greatest, or imprisoned for not more than 10 years, or both, if…

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.

(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 th…

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, o…

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 co…

The Metropolitan Police Department shall make a report of each complaint of identity theft and provide the complainant with a copy of the report.

(a) For the purposes of this section, the term “traffics” means: (1) To sell, pledge, transfer, distribute, dispense, or otherwise dispose of property to another person as consideration for anything of value; or (2) To buy, receive, possess, or obtain control of property with int…

(a) A person commits the offense of receiving stolen property if that person buys, receives, possesses, or obtains control of stolen property, knowing or having reason to believe that the property was stolen. (b) It shall not be a defense to a prosecution under this section, alon…