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 the property obtained, or attempted to be obtained, or the amount of the financial injury is $1,000 or more. Any person convicted of identity theft shall be fined not more than the amount set forth in § 22-3571.01 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. 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 11/2 times the maximum fine otherwise authorized for the offense and may be imprisoned for a term of up to 11/2 times the maximum term of imprisonment otherwise authorized for the offense, or both. It is an affirmative defense that the accused: Reasonably believed that the victim was not 65 years of age or older at the time of the offense; or Could not have determined the age of the victim because of the manner in which the offense was committed.
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