(4) For purposes of grading an offense based upon a prior conviction under this section or for any similar crime pursuant to paragraphs (b)(2)a. and (3)a. of this section, a prior conviction shall consist of convictions upon separate indictments or criminal complaints for offenses under this section or any similar crime in this or any federal or other state jurisdiction. Unlawfully concealing a will is a class G felony. (5) Computer program means a set of instructions, statements or related data that, in actual or modified form, is capable of causing a computer or computer system to perform specified functions. A person is guilty of criminal trespass in the second degree when the person knowingly enters or remains unlawfully in a building or upon real property which is fenced or otherwise enclosed in a manner manifestly designed to exclude intruders. (b) Notwithstanding any provisions of this section or Code to the contrary, any person convicted of robbery in the first degree shall receive a minimum sentence of: (2) Five years at Level V, if the conviction was either of the following: a. Graffiti and possession of graffiti implements; class G felony; class A misdemeanor; class B misdemeanor. (d) Any computer, computer system, computer network, or any software or data, owned by the defendant, which is used during the commission of any public offense described in this section or any computer, owned by the defendant, which is used as a repository for the storage of software or data illegally obtained in violation of this section shall be subject to forfeiture. Prosecution and sentencing for money laundering shall not be deemed to preclude prosecution or sentencing under any other provision of this Code. company@sender.com); (17) Receiving address or receiving account means the string used to specify the destination of any electronic mail message (e.g. Tampering with public records in the first degree is a class E felony. (c) For the purposes of this section, personal identifying information includes name, address, birth date, Social Security number, drivers license number, telephone number, financial services account number, savings account number, checking account number, payment card number, identification document or false identification document, electronic identification number, educational record, health care record, financial record, credit record, employment record, e-mail address, computer system password, mothers maiden name or similar personal number, record or information. WebBurglary Third Degree (Dwelling) The defendant is charged with burglary in the third degree. 900A. (a) (1) Any person who knowingly operates the audiovisual recording function of any device in a motion picture theater while the motion picture is being exhibited, for the purpose of distributing or transmitting a still photographic image of the motion picture, without the consent of the motion picture theater owner, is guilty of a class B misdemeanor. 911. Definitions relating to criminal trespass, burglary and home invasion. 4, 73 Del. (a) No person shall knowingly, or with reasonable grounds to know, advertise or offer for sale or resale, or sell or resell, distribute or possess for such purposes, any article that has been produced in violation of 920 of this title. (4) For any other reason use of the card is unauthorized by the issuer. 826. Improper labeling; class G felony. A person is guilty of criminal trespass in the first degree when the person knowingly enters or remains unlawfully in a dwelling or building used to shelter, house, milk, raise, feed, breed, study or exhibit animals. (c) A merchant, a store supervisor, agent or employee of the merchant 18 years of age or older, who has probable cause for believing that a person has intentionally concealed unpurchased merchandise or has committed shoplifting as defined in subsection (a) of this section, may, for the purpose of summoning a law-enforcement officer, take the person into custody and detain the person in a reasonable manner on the premises for a reasonable time. (b) In this section the following words or terms have the meanings indicated: a. (d) Possession of shoplifters tools or instruments facilitating theft is a class F felony. Theft of a motor vehicle; class G felony. Examples of the Crime There are many different examples of criminal trespass in the third degree. 907. 913. (b) In any prosecution for extortion where the facts are as described in 846(4) of this title, it is an affirmative defense that the accused believed the threatened criminal charge to be true and that the accuseds sole purpose was to compel or induce the victim to take reasonable action to make good the wrong which was the subject of the threatened charge. A person is guilty of criminal impersonation when the person: (1) Impersonates another person and does an act in an assumed character intending to obtain a benefit or to injure or defraud another person; or, (2) Pretends to be a representative of some person or organization and does an act in a pretended capacity with intent to obtain a benefit or to injure or defraud another person; or. Computer crime in the second degree is a class E felony. In such case, the court shall make a finding as to the amount of the defendants gain from the offense and, if the record does not contain sufficient evidence to support such a finding, the court may conduct a hearing upon the issue. Computer crime in the first degree is a class D felony. S 140.25 Burglary in the second degree. Reencoder and scanning devices. (3) Commits any offense set forth in Chapter 47 of Title 16. .040 Burglary in the third degree. (b) Any person who knowingly, wilfully, and with the intent to defraud, possesses a reencoder, or who knowingly, wilfully, and with intent to defraud, uses a reencoder to place encoded information on the computer chip or magnetic strip or stripe of a payment card or any electronic medium that allows an authorized transaction to occur, without the permission of the authorized user of the payment card from which the information is being reencoded is guilty of a class D felony. Laws, c. 162, Laws, c. 590, 904. (d) New construction fraud is a class A misdemeanor, unless: (1) The loss to the home buyer is $1,500 or more but less than $50,000, in which case it is a class G felony; (2) The loss to the home buyer is at least $50,000 but less than $100,000, in which case it is a class D felony; or. 841B. (g) It is no defense that the accused did not know that the dwelling was occupied at the time of entry. (a) Burglars tool or instruments includes the term bump key which is a type of key used for a specific lock picking technique called lock bumping. (b) Violation of this section shall constitute a class A misdemeanor. (3) Health-care professional, health-care practice, health-care facility or health-care services includes but is not limited to any person who or entity which, for payment, practices in or employs the procedures of medicine, surgery, chiropractic, podiatry, dentistry, optometry, psychology, social work, pharmacy, nursing, physical therapy or any other field concerned with the maintenance or restoration of the health of the body or mind. The minimum fine and community service hours shall be doubled for a second or subsequent conviction of possession of graffiti implements. (f) Prosecution under this section does not preclude prosecution or sentencing under any other section of this Code. Theft of computer services. 1, 59 Del. 7, 74 Del. 3, 69 Del. Laws, c. 497, Laws, c. 150, Laws, c. 368, (2) Drawer means the individual who makes or signs a check or other draft; (b) Subject to the provisions of subsection (c) of this section, as a condition of accepting a check or other draft as payment for consumer credit, goods, realty or services, a person may not request or record the account number of any payment card of the drawer of the check or other draft. Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. 83-91, 371, 78 Del. Fraud in insolvency; class A misdemeanor. According to ARS 13-1502, third degree criminal trespass is considered to be a class 3 misdemeanor. The quantity or retail value of items or services shall include the aggregate quantity or retail value of all items or services bearing or identified by every counterfeit mark the defendant manufactures, uses, displays, advertises, distributes, offers for sale, sells or possesses. (a) (1) A person is guilty of the act of graffiti when the person intentionally, knowingly or recklessly draws, paints, etches or makes any significant mark or inscription upon any public or private, real or personal property of another without the permission of the owner. Laws, c. 133, 848. A person commits the crime of criminal trespass in the third degree if Failure to promptly cease electronic communication upon request. Laws, c. 215, 1, effective Sept. 16, 2019. 1, 70 Del. 103 et seq., or any rules or regulations adopted under those chapters and sections, the person: (1) Causes or attempts to cause a financial institution, including a video lottery facility, foreign or domestic money transmitter or an authorized delegate thereof, check casher, person engaged in a trade or business or any other individual or entity required by state or federal law to file a report regarding currency transactions or suspicious transactions to fail to file a report; or, (2) Causes or attempts to cause a financial institution, including a video lottery facility, foreign or domestic money transmitter or an authorized delegate thereof, check casher, person engaged in a trade or business or any other individual or entity required by state or federal law to file a report regarding currency transactions or suspicious transactions to file a report that contains a material omission or misstatement of fact; or. Misapplication of property is a class A misdemeanor, unless the value of the property received, retained or disposed of is $1,500 or more, in which case it is a class G felony. (c) Acceptance or rejection of an identity theft passport presented by the victim to a law-enforcement agency or creditor pursuant to paragraph (b)(1) or (2) of this section is at the discretion of the law-enforcement agency or creditor. Charged With A Crime? Making or having burglar tools. Bribery; class A misdemeanor. (b) Reckless burning or exploding shall be punished as follows: (1) Where the total amount of pecuniary loss caused by the burning or exploding, when totaled for all victims, is less than $1,500, such burning or exploding shall be a class A misdemeanor. (5) Owner means a person who has an interest in property which the defendant is not privileged to infringe, as described in paragraph (5) of this section. Web(1) A person is guilty of criminal trespass in the second degree if he or she knowingly enters or remains unlawfully in or upon premises of another under circumstances not 5, 70 Del. 18-4-504. Use or possession of electric or electronic incapacitation device. (a) A person commits theft when, with the intent specified in 841 of this title, the person obtains services which the person knows are available only for compensation by deception, threat, false token, false representation or statement or by installing, rearranging or tampering with any facility or equipment or by any other trick, contrivance or any other device to avoid payment for the services. (a) A person is guilty of forgery when, intending to defraud, deceive or injure another person, or knowing that the person is facilitating a fraud or injury to be perpetrated by anyone, the person: (1) Alters any written instrument of another person without the other persons authority; or, (2) Makes, completes, executes, authenticates, issues or transfers any written instrument which purports to be the act of another person, whether real or fictitious, who did not authorize that act, or to have been executed at a time or place or in a numbered sequence other than was in fact the case or to be a copy of an original when no original existed; or. 7, 70 Del. Forgery and related offenses; definition. (a) Any person who knowingly, wilfully, and with the intent to defraud, possesses a scanning device, or who knowingly, wilfully, and with intent to defraud, uses a scanning device to access, read, obtain, memorize or store, temporarily or permanently, information encoded on the computer chip or magnetic strip or stripe of a payment card without the permission of the authorized user of the payment card is guilty of a class D felony. Bribe receiving is a class A misdemeanor. Mislabeled means varying from the standard of truth or disclosure in labeling prescribed by or pursuant to any statute providing criminal penalties for such variance, or set by established commercial usage; or, (5) Makes a false or misleading statement in any advertisement addressed to the public or to a substantial segment thereof intending to promote the sale or increase the consumption of property or services; or, (6) Makes a false or misleading written statement for the purpose of promoting the sale of securities, or omits information required by law to be disclosed in written documents relating to securities; or. A person may be convicted both of burglary and of the offense which it was the purpose of the persons unlawful entry to commit or for an attempt to commit that offense. Transferred to 1306 of this title by 83 Del. 840A. 859. (a) A person is guilty of arson in the second degree when the person intentionally damages a building by starting a fire or causing an explosion. (4) For purposes of all civil remedies established for violations of this section, the prohibited activity established in this section applies to each unlawful telecommunication or access device and shall be deemed a separate violation. The defendant has previously been convicted under this section; or. Written instrument means any instrument or article containing written or printed matter or the equivalent thereof, used for the purpose of reciting, embodying, conveying or recording information or constituting a symbol or evidence of value, right, privilege or identification. Laws, c. 400, The offender is a health-care provider at the time of the offense or offenses; or. A person is guilty of criminal trespass in the third degree when he knowingly enters or remains unlawfully in a building or upon real property (a) which is This subpart shall neither enlarge nor diminish the rights of parties in civil litigation. (a) No person shall sell, resell or exchange any ticket to any event or exhibit at a price higher than the original price on the day preceding or on the day of an event at the Bob Carpenter Sports/Convocation Center on the South Campus of the University of Delaware or of a NASCAR Race held at Dover Downs, or on any state or federal highway artery within this State. Laws, c. 439, Upon election by the complaining party at any time before final judgment is entered, that party may recover in lieu of actual damages an award of statutory damages of between $250 to $10,000 for each unlawful telecommunication or access device involved in the action, with the amount of statutory damages to be determined by the court as the court considers just. Laws, c. 477, 3, effective Oct. 21, 2022. Laws, c. 260, The intended loss to the health-care benefit program is more than $50,000 but less than $100,000; b. Laws, c. 133, (c) For purposes of this section, the following definitions shall apply: (1) Criminal activity means any offense that is a crime under the Laws of Delaware, another state, or the United States. An offense under this section may be deemed to have been committed at either the place where the defendant manufactures or assembles an unlawful telecommunication or access device, or assists others in doing so, or the places where the unlawful telecommunication or access device is sold or delivered to a purchaser or recipient. 936. (b) A person is guilty of falsifying business records when, with intent to defraud, the person: (1) Makes or causes a false entry in the business records of an enterprise; or, (2) Alters, erases, obliterates, deletes, removes or destroys a true entry in the business records of an enterprise; or, (3) Omits to make a true entry in the business records of an enterprise in violation of a duty to do so which the person knows to be imposed by law or by the nature of the person's position; or, (4) Prevents the making of a true entry or causes the omission thereof in the business records of an enterprise; or, (5) Alters or modifies, or causes the alteration or modification of the medical record of any person; or. 934. Theft, receiving stolen property no defense; receiving stolen property, theft no defense; conviction of both offenses. 863. is there any defense A person may be convicted of the crime which the person has in fact committed. February 27, 2023 By scottish gaelic translator By scottish gaelic translator 1, 2, 75 Del. Laws, c. 216, 1, effective Sept. 16, 2019. Webcriminal trespass in the third degreethe hardy family acrobats 26th February 2023 / in was forest whitaker in batteries not included / by / in was forest whitaker in batteries not included / by Webcriminal trespass in the third degree. 1, 68 Del. 841D. The agency shall send a copy of the application and the supporting police report to the Office of the Attorney General. Laws, c. 68, WebCriminal Trespass Third Degree The defendant is charged with criminal trespass in the third degree. (b) A victim of identity theft may present that victims identity theft passport issued under subsection (a) of this section to the following: (1) A law-enforcement agency to help prevent the victims arrest or detention for an offense committed by someone other than the victim who is using the victims identity; (2) Any of the victims creditors to aid in a creditors investigation and establishment of whether fraudulent charges were made against accounts in the victims name or whether accounts were opened using the victims identity; (3) A consumer reporting agency, as defined in 603(f) of the federal Fair Credit Reporting Act (15 U.S.C. (7) Computer software means 1 or more computer programs, existing in any form, or any associated operational procedures, manuals or other documentation. Criminal impersonation, accident related; class G felony. Laws, c. 221, (a) A person is guilty of burglary in the second degree when the person knowingly enters or remains unlawfully in a dwelling with intent to commit a crime therein. Bribe receiving; class A misdemeanor. Coin or currency of the United States or any other country; c. Investment or negotiable instruments, in bearer form or otherwise in such form that title thereto passes upon delivery. A person is guilty of the computer crime of unrequested or unauthorized electronic mail: (1) When that person, without authorization, intentionally or recklessly distributes any unsolicited bulk commercial electronic mail (commercial E-mail) to any receiving address or account under the control of any authorized user of a computer system. Adulterated means varying from the standard of composition or quality prescribed by or pursuant to any statute providing criminal penalties for such variance, or set by established commercial usage. Laws, c. 135, 802. Laws, c. 337, Health-care benefit program also includes any individual or entity who is providing a medical benefit, equipment, medication or service for which payment may be made under a plan or contract for the provision of such benefits or services. b. A person is guilty of a violation of this section if the person knowingly: (1) Manufactures, assembles, distributes, possesses with intent to distribute, transfers, sells, promotes, offers or advertises for sale, use or distribution any unlawful telecommunication device or modifies, alters, programs or reprograms a telecommunication device: a. b. 2, 75 Del. (j) A person possesses burglar tools or instruments facilitating theft under circumstances evincing an intent to use or knowledge that some other person intends to use such when the person possesses the tools or instruments at a time and a place proximate to the commission or attempt to commit a trespass, burglary, home invasion, or theft-related offense or otherwise under circumstances not manifestly appropriate for what lawful uses the tools or instruments may have. A person is guilty of criminal trespass in the third degree when the person knowingly enters or remains unlawfully upon real property. Arson in the first degree is a class C felony. (e) Definitions relating to subsection (d) of this section. Debt adjusting; class B misdemeanor. Laws, c. 501, 813. (4) In addition to the penalties otherwise authorized by this subsection, a person convicted under this section may be subject to a fine of up to 5 times the pecuniary benefit obtained or sought to be obtained through the persons violation of this section. (7) For the purpose of this section, land is purchased by a home buyer when the home buyer acquires it by sale, negotiation, mortgage, pledge, lien, gift or any other transaction creating an interest in the property prior to the formation of the new home construction contract, or if the home buyer is to purchase the land as part of the new home construction contract. 1, 77 Del. 853. In any prosecution for issuing a bad check, it is an affirmative defense that the accused, in acting as drawer in a representative capacity or as agent of the person whose name appears on the check as principal drawer or obligor, did so as an employee who, without personal benefit, merely executed the orders of the employer or of a superior officer or employee generally authorized to direct the accuseds activities. (c) Venue. In making a decision for acceptance or rejection, a law-enforcement agency or creditor may consider the surrounding circumstances and available information regarding the offense of identity theft pertaining to the victim. (8) Perform any other act which is calculated to harm another person materially with respect to the persons health, safety, business, calling, career, financial condition, reputation or personal relationships. (a) Whoever feloniously steals, takes and carries away any cow, steer, bull, calf, heifer or swine is guilty of larceny and a class G felony. Criminal impersonation; class A misdemeanor. Laws, c. 125, 1, 77 Del. The minimum fine shall also be doubled, and may not be suspended, for a first, second, or subsequent conviction of an act of graffiti which is performed on or along a Delaware byway, as defined in 101 of Title 17. 1, 71 Del. Laws, c. 147, 846. (e) A violation of subsection (a) of this section is a class D felony. 913A. 872. 4, 69 Del. Issuing a bad check; class A misdemeanor; class G felony. Burglary in the third degree is a class D felony. 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