D.C. Embezzlement and Forgery Laws: Theft Penalties (2026)

The District of Columbia has no separate embezzlement offense. The Theft and White Collar Crimes Act of 1982 repealed the old embezzlement chapter and folded embezzlement into theft under D.C. Code 22-3211, which carries up to 10 years when the property is worth $1,000 or more (first degree) and up to 180 days below that (second degree), with a higher maximum for people with two or more prior theft convictions.

Forgery (D.C. Code 22-3241 and 22-3242) means making, drawing or uttering a forged written instrument with intent to defraud or injure another, with maximum terms of 10, 5 or 3 years depending on the instrument and its value. For other jurisdictions, see our guide to embezzlement and forgery laws by state.

Information last verified on 2026-10-18. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers the D.C. Code sections on theft as it applies to embezzlement (22-3201, 22-3202, 22-3203, 22-3211, 22-3212), fraud (22-3221, 22-3222), forgery (22-3241, 22-3242), forging brands and bad checks (22-1502, 22-1510), financial exploitation of a vulnerable adult or elderly person (22-933.01, 22-936.01), the senior-victim enhancement (22-3601), bribery of a public servant (22-712), fines and repeat-felony sentencing (22-3571.01, 22-1804a), restitution (16-711), time limits (23-113) and related public-office provisions. It does not cover the full theft rules (see D.C. theft laws), identity theft, scams and victim reporting, federal offenses, civil lawsuits or the civil False Claims Act.

What is embezzlement in D.C.?

In the District, embezzlement is theft. D.C. Code 22-3211(a) defines the conduct the theft offense reaches, and names embezzlement in terms:

"(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."

Under 22-3211(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."

The chapter definitions in 22-3201 also apply. "Deprive" means "(A) To withhold property or cause it to be withheld from a person permanently or for so extended a period or under such circumstances as to acquire a substantial portion of its value; or (B) To dispose of the property, or use or deal with the property so as to make it unlikely that the owner will recover it." "Property" means "anything of value," including services, credit, debt and "A government-issued license, permit, or benefit." And "Stolen property" "includes any property that has been obtained by conduct previously known as embezzlement."

The repealed embezzlement chapter

The District once had separate embezzlement sections in Title 22, chapter 46, including 22-4601 (embezzlement of District property) and 22-4602 (embezzlement by an agent, attorney, clerk, servant or corporate agent). Each now reads "Repealed," by D.C. Law 4-164, effective December 1, 1982, the same act that created the consolidated theft offense. Chapter 32 has no separate offense for public funds, so the theft and fraud sections cover District property and private property alike.

Is embezzlement a felony in D.C.?

The theft statute grades by degree and does not itself use the words felony or misdemeanor. What it sets is the maximum term (D.C. Code 22-3212):

• Theft in the first degree: a fine up to the amount in 22-3571.01, up to 10 years, or both, if "(A) The value of the property obtained or used is $1000 or more; or (B)(i) The person commits theft twice or more within a period of 6 months and the aggregate value of property obtained is $1000 or more." Thefts within those six months "may be aggregated and charged in a single count, in which event they shall constitute a single offense."
• Theft in the second degree: a fine up to the amount in 22-3571.01, up to 180 days, or both, "if the property obtained or used has some value."
• Two or more prior theft convictions: "A person convicted of theft in the first or second degree who has 2 or more prior convictions for theft, not committed on the same occasion, shall be fined not more than the amount set forth in § 22-3571.01 or imprisoned for not more than 15 years and for a mandatory-minimum term of not less than one year, or both. A person sentenced under this subsection shall not be released from prison, granted probation, or granted suspension of sentence, prior to serving the mandatory-minimum" (22-3212(c)).

For shoplifting and the other theft rules, see D.C. theft laws.

Adding takings together

D.C. Code 22-3202: "Amounts or property received pursuant to a single scheme or systematic course of conduct in violation of § 22-3211 (Theft), § 22-3221 (Fraud), § 22-3223 (Credit Card Fraud), § 22-3227.02 (Identity Theft), § 22-3231 (Trafficking in Stolen Property), or § 22-3232 (Receiving Stolen Property) may be aggregated in determining the grade of the offense and the sentence for the offense."

Theft and fraud for the same conduct

Under 22-3203(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."

Fraud

Fraud is the scheme offense in the same chapter. Under 22-3221(a), "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 of another or causes another to lose property." Second-degree fraud is the same scheme without that result.

Penalties under 22-3222:

• First degree, $1,000 or more: a fine up to the 22-3571.01 amount "or twice the value of the property obtained or lost, whichever is greater," up to 10 years, or both; up to 180 days if the property has some value.
• Second degree, $1,000 or more: a fine up to the 22-3571.01 amount or twice the value of the property that was the object of the scheme, whichever is greater, up to 3 years, or both; up to 180 days otherwise.

Older and vulnerable victims

Financial exploitation of a vulnerable adult or elderly person

D.C. Code 22-933.01 makes it a separate offense to intentionally and knowingly use deception, intimidation or undue influence to obtain the property of a vulnerable adult or a person 65 or older, or to commit theft, extortion, forgery, fraud or identity theft against such a person to obtain property. Under 22-933.01(b), "It is an affirmative defense that the accused knew or reasonably believed the victim was not a vulnerable adult or elderly person at the time of the offense, or could not have known or determined that the victim was a vulnerable adult or elderly person because of the manner in which the offense was committed," a defense "established by a preponderance of the evidence."

The penalties in 22-936.01:

• "(1) When the value of the property or legal obligation is $1,000 or more, a fine of not more than the amount set forth in § 22-3571.01, or imprisonment for not more than 10 years, or both."
• "(2) When the property or legal obligation has some value, a fine of not more than the amount set forth in § 22-3571.01, or imprisonment for not more than 180 days, or both."
• "(3) In addition to the penalties set forth in paragraphs (1) and (2) of this subsection, a person shall make restitution, before the payment of any fines or civil penalties."
• With two or more prior convictions under 22-933.01 "not committed on the same occasion," up to 15 years (22-936.01(b)).

The senior-victim enhancement

D.C. Code 22-3601(a): "Any person who commits any offense listed in subsection (b) of this section 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." The listed offenses include theft, first- and second-degree fraud, identity theft and financial exploitation of a vulnerable adult or elderly person. The word "may" makes the enhancement available, not automatic. Under 22-3601(c), "It is an affirmative defense that the accused knew or reasonably believed the victim was not 65 years old or older at the time of the offense, or could not have known or determined the age of the victim because of the manner in which the offense was committed," a defense "established by a preponderance of the evidence."

For warning signs and where to report, see our guide to elder financial exploitation.

Public officials

A District official who takes public money falls under the same theft and fraud sections as anyone else. A public servant who corruptly accepts anything of value in return for an understanding that the public servant "will commit, aid in committing, or will collude in or allow any fraud against the District of Columbia" also commits bribery, with up to 10 years and a fine up to the 22-3571.01 amount or twice the value, whichever is greater (D.C. Code 22-712). The time limit is longer for official conduct (see the time-limits section below), and several offices carry their own conviction rules:

• Attorney General: "The occurrence of any of the following shall result in automatic forfeiture of the position of Attorney General for the District of Columbia: ... (3) Conviction of a felony while in office" (D.C. Code 1-301.84).
• Judges, Council members and the Mayor: a D.C. court judge is removed on final conviction of a federal felony or an offense that would be a felony in the District (D.C. Code 1-204.32), and Council members and the Mayor must not have been convicted of a felony while holding the office (1-204.02(4); 1-204.21(c)(1)(C)).
• Retirement incentives: "An employee who is under indictment or who is charged by information with or who has been convicted of a felony related to his or her employment duties shall not be eligible for benefits under an Easy Out, Early Out, or similar Retirement Incentive Program; provided, that any employee who is ultimately acquitted or cleared of any charge which caused his ineligibility shall be eligible for all benefits as if that employee has never been indicted for or charged by information with a felony" (D.C. Code 1-611.04(g)).

Forgery in D.C.

What counts as forgery

D.C. Code 22-3241(b): "A person commits the offense of forgery if that person makes, draws, or utters a forged written instrument with intent to defraud or injure another." Uttering is part of the same offense; the forgery subchapter contains only 22-3241 and 22-3242, with no separate uttering, possession or forgery-device offense.

The definitions in 22-3241(a), which apply "For the purposes of this subchapter":

• Forged written instrument: "any written instrument that purports to be genuine but which is not because it: (A) Has been falsely made, altered, signed, or endorsed; (B) Contains a false addition or insertion; or (C) Is a combination of parts of 2 or more genuine written instruments."
• Utter: "to issue, authenticate, transfer, publish, sell, deliver, transmit, present, display, use, or certify."
• Written instrument: "includes, but is not limited to," securities, bills of lading, documents of title, drafts, checks, certificates of deposit and letters of credit; stamps, legal tender and other government obligations; and stock certificates, money orders, traveler's checks and evidence of indebtedness, among others.

Penalties by instrument

Under 22-3242, forgery carries a fine up to the 22-3571.01 amount and:

• Up to 10 years if the instrument purports to be a government-issued stamp, legal tender, bond or check; a stock certificate or corporate bond; a public record or instrument filed in a public office; an instrument officially issued by a public office or servant; "A check which upon its face appears to be a payroll check"; "A deed, will, codicil, contract, assignment, commercial instrument, or other instrument which does or may evidence, create, transfer, terminate, or otherwise affect a legal right, interest, obligation, or status"; or "A written instrument having a value of $10,000 or more" (22-3242(a)).
• Up to 5 years for a token, fare card or similar symbol of value used in place of money, a prescription for a controlled substance, or "A written instrument having a value of $1,000 or more" (22-3242(b)).
• Up to 3 years "in any other case" (22-3242(c)).

Readers dealing with a forged or washed check as victims can start with our guide to mail theft and check washing.

Forged brands and bad checks

The older general forgery section, 22-1501, was repealed in 1982. Chapter 15 still holds two related offenses:

• Forging or imitating brands or packaging (22-1502): "Whoever wilfully forges, or counterfeits, or makes use of any imitation calculated to deceive the public" of another's brand, label, trademark or package "with intent to pass off" goods as that person's faces a fine up to the 22-3571.01 amount, up to 180 days, or both.
• Bad checks (22-1510): making, drawing, uttering or delivering a check "with intent to defraud," knowing the funds or credit are insufficient, is a felony with "not less than 1 year nor more than 3 years" if the check is $1,000 or more, and a misdemeanor with up to 180 days "if the amount of such check, draft, order, or other instrument has some value."

D.C. embezzlement and forgery offenses at a glance

Sentencing: fines, repeat felonies and restitution

Fines come from one table keyed to the maximum prison term. Under D.C. Code 22-3571.01(b), a person may be fined not more than the greatest of, among other amounts, "$1,000 if the offense is punishable by imprisonment for 180 days, or 6 months, or less but more than 90 days," "$12,500 if the offense is punishable by imprisonment for 5 years or less but more than one year," "$25,000 if the offense is punishable by imprisonment for 10 years or less but more than 5 years," and "$37,500 if the offense is punishable by imprisonment for 15 years or less but more than 10 years." The terms on this page are maximums, except the mandatory minimums noted in 22-3212(c) and 22-1510. See D.C. felony and misdemeanor sentencing for more on how the District sentences offenses.

Repeat felonies. "If a person is convicted in the District of Columbia of a felony, having previously been convicted of 2 prior felonies not committed on the same occasion, the court may, in lieu of any sentence authorized, impose such greater term of imprisonment as it deems necessary up to, and including, 30 years" (D.C. Code 22-1804a(a)(1)).

Restitution. In general, "In criminal cases in the Superior Court, the court may, in addition to any other sentence imposed as a condition of probation or as a sentence itself, require a person convicted of any offense to make reasonable restitution or reparation" (D.C. Code 16-711(a)). Restitution is required for financial exploitation of a vulnerable adult or elderly person (22-936.01(a)(3)).

Time limits for prosecution

D.C. Code 23-113(a) sets the periods:

• "(4) Except as provided in paragraph (6), a prosecution for a felony other than those crimes enumerated in paragraph (1) or paragraph (3) is barred if not commenced within six (6) years after it is committed."
• "(5) Except as provided in paragraphs (6) and (7), a prosecution for any other criminal offense is barred if not commenced within three (3) years after it is committed."
• "(6) A prosecution for a felony or a misdemeanor may be brought within three (3) years: (A) after a public officer or employee has left office, for any completed offense based on official conduct; or (B) after a fraud or breach of fiduciary trust has been, or reasonably should have been, discovered for any completed offense based on that fraud or breach of fiduciary trust; even if barred by the provisions of paragraphs (4) and (5): Provided, that, in no case shall this provision extend the period of limitations to more than nine (9) years in the case of a felony nor more than six (6) years in the case of a misdemeanor."

Under 23-113(b), "An offense is committed either when every element occurs, or, if a legislative purpose to prohibit a continuing course of conduct plainly appears, at the time when the course of conduct, or the defendant’s complicity therein, is terminated." The period does not run while a prosecution against the defendant for the offense is pending in the District's courts (23-113(d)(1)), and "No statute of limitations shall extend to any person fleeing from justice" (23-113(f)).

Civil filing deadlines are different; see the D.C. statute of limitations guide.

Recent changes and what is not law

• The Revised Criminal Code Act never took effect. Congress disapproved the Revised Criminal Code Act of 2022 (D.C. Act 24-789) in Public Law 118-1, approved March 20, 2023. The theft, fraud and forgery sections above, from the 1982 act as later amended, remain the operative law.
• H.R. 4922 is not law. The D.C. CRIMES Act of 2025 passed the House on September 16, 2025, and was received in the Senate on September 17, 2025, with no further action shown. It concerns the Council's authority over criminal sentencing and youth offenders, not the theft or forgery chapters.
• 2024: Secure DC Omnibus. D.C. Law 25-175, effective June 8, 2024, created the offense of directing organized retail theft (22-3211.01, up to 15 years) and amended 22-3212, 22-3601 and 23-113. The text of those sections quoted above is the amended text.
• D.C. Law 25-325 did not change the forgery sections. Its long title refers to treating counterfeit temporary vehicle tags as forgery, but its body amends the vehicle-tag provisions of Title 50 and the traffic adjudication law, not 22-3241 or 22-3242.
• D.C. Law 26-52 (2025) conformed the theft entries in another section (23-581) to the $1,000 first-degree line; it did not change 22-3212.

Federal statutes also apply in the District, including to embezzlement from banks and federal programs and to mail or wire fraud schemes; those are covered on our embezzlement and forgery laws by state hub. If you were the target of a fraud scheme, our D.C. scam and fraud laws guide explains where to report it, and our D.C. identity theft laws page covers identity offenses.

Related pages

• Embezzlement and forgery laws by state
• D.C. theft laws
• D.C. felony and misdemeanor sentencing
• D.C. scam and fraud laws
• D.C. identity theft laws

This article provides general legal information about District of Columbia law and is not legal advice. For advice about a specific situation, contact a lawyer licensed in the District of Columbia.

Last updated: 2026-10-18.

Frequently Asked Questions

Is embezzlement a felony in D.C.?

D.C. charges embezzlement as theft, and the theft statute grades by degree rather than using the word felony. First-degree theft, at $1,000 or more or two thefts within 6 months totaling $1,000, carries up to 10 years; second-degree theft carries up to 180 days; and two or more prior theft convictions raise the maximum to 15 years (D.C. Code 22-3212).

What is the penalty for embezzlement in D.C.?

First-degree theft carries up to 10 years and a fine of up to $25,000 under the 22-3571.01 table; second-degree theft carries up to 180 days and $1,000. Restitution is discretionary in general (D.C. Code 16-711) but required for financial exploitation of a vulnerable adult or elderly person (22-936.01).

Does D.C. still have an embezzlement law?

Not as a separate offense. The embezzlement sections in Title 22, chapter 46, including 22-4601 (embezzlement of District property), were repealed effective December 1, 1982, and D.C. Code 22-3211 now defines theft to include conduct previously known as embezzlement.

Is forgery a felony in D.C.?

Forgery carries up to 10 years for government, corporate, public-record, payroll-check, deed, will or contract instruments or instruments worth $10,000 or more; up to 5 years for tokens, controlled-substance prescriptions or instruments worth $1,000 or more; and up to 3 years in any other case (D.C. Code 22-3242).

Is signing someone else’s name on a check forgery in D.C.?

Under D.C. Code 22-3241(a), a forged written instrument is one that purports to be genuine but is not because it has been falsely made, altered, signed or endorsed. Forgery also requires making, drawing or uttering it with intent to defraud or injure another (22-3241(b)).

What is the statute of limitations for embezzlement in D.C.?

Generally 6 years for a felony and 3 years for other offenses, but a prosecution based on fraud or breach of fiduciary trust may be brought within 3 years after it was or reasonably should have been discovered, up to 9 years for a felony and 6 for a misdemeanor (D.C. Code 23-113(a)).