(a) For the purpose of this section, the term “wrongfully obtains or uses” means: (1) taking or exercising control over property; (2) making an unauthorized use, disposition, or transfer of an interest in or possession of property; or (3) obtaining property by trick, false pretense, false token, tampering, or deception. The term “wrongfully obtains or uses” includes conduct previously known as larceny, larceny by trick, larceny by trust, embezzlement, and false pretenses.

(b) A person commits the offense of theft if that person wrongfully obtains or uses the property of another with intent:

(1) To deprive the other of a right to the property or a benefit of the property; or

(2) To appropriate the property to his or her own use or to the use of a third person.

(c) In cases in which the theft of property is in the form of services, proof that a person obtained services that he or she knew or had reason to believe were available to him or her only for compensation and that he or she departed from the place where the services were obtained knowing or having reason to believe that no payment had been made for the services rendered in circumstances where payment is ordinarily made immediately upon the rendering of the services or prior to departure from the place where the services are obtained, shall be prima facie evidence that the person had committed the offense of theft.

(d) A violation of § 35-252 shall not constitute a violation of this section.

(Dec. 1, 1982, D.C. Law 4-164, § 111, 29 DCR 3976; May 3, 2019, D.C. Law 22-310, § 3, 66 DCR 1395.)

1981 Ed., § 22-3811.

This section is referenced in § 22-3202, § 22-3212, § 23-546, § 23-581, § 27-101, and § 50-1403.02.

Consecutive sentences for theft and certain other crimes, availability, see § 22-3203.

Enhanced penalty for crimes committed against senior citizen victims, see § 22-3601.

Forgery, see § 22-3241.

Medicaid Provider Fraud Prevention Act, penalties for violation, see § 4-802.

Merchant’s civil recovery for criminal conduct, fraud, theft and shoplifting defined, see § 27-101.

Receiving stolen property, see § 22-3232.

Trafficking in stolen property, see § 22-3231.