Laws, c. 611, 1, 67 Del. Laws, c. 63, Any unauthorized reproduction or copy of intellectual property. (4) If the written instrument is or purports to be provided to an individual by a vaccine provider documenting that an individual has been vaccinated, which bears a government logo or other indication that the written instrument is created by a governmental instrumentality and includes information such as the date an individual received a vaccination and the type of vaccine and lot number, forgery is classified and punished as follows: a. 859. (1) Access means to instruct, communicate with, store data in or retrieve data from a computer, computer system or computer network. 812. Remedies of aggrieved persons. (a) No person shall knowingly transfer or cause to be transferred, directly or indirectly by any means, any sounds recorded on a phonograph record, disc, wire, tape, film or other article upon which sounds are recorded, with the intent to sell or cause to be sold, or to use for profit through public performance, or to use to promote the sale of any product, such article on which sounds are so transferred, without consent of the owner; provided, that such owner is domiciled or has its principal place of business in a country which is a signatory to the Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of their Phonograms (executed on October 29, 1971, Geneva). Laws, c. 271, Laws, c. 497, Carjacking in the first degree; class C felony; class B felony [Repealed]. (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. (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. (2) Commercial electronic mail or commercial e-mail means any electronic mail message that is sent to a receiving address or account for the purposes of advertising, promoting, marketing or otherwise attempting to solicit interest in any good service or enterprise. (h) Money laundering shall not be deemed to be a related or included offense of any other provision of this Code. 862. (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. Read more about Third Degree Criminal Trespass. (3) The loss to the home buyer is $100,000 or more, in which case it is a class B felony. 1, 71 Del. Laws, c. 410, (4) Proceeds means funds acquired or derived directly or indirectly from, produced through, or realized through an act. Burglary in the third degree is a class D felony. (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. Laws, c. 211, (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. Webcriminal trespass in the third degree keyword }} 25 de janeiro de 2023 how to add emoji to peloton profile. Accidents Involving Death or Personal Injuries, Department of Motor Vehicle (DMV) Hearings in Colorado, Habitual Traffic Offender & Aggravated Driving, Hit and Run Leaving the Scene of an Accident, Rape, Sexual Assault, Date Rape And Statutory Rape, Frequently Asked Questions About Sex Offenses. (2) Home improvement means any alteration, repair, addition, modification or improvement to any dwelling or the property on which it is situated, including but not limited to the construction, painting or coating, installation, replacement or repair of driveways, sidewalks, swimming pools, unattached structures, porches, kitchens, bathrooms, chimneys, fireplaces, stoves, air conditioning or heating systems, hot water heaters, water treatment systems, electrical wiring or systems, plumbing fixtures or systems, doors or windows, roofs, gutters, downspouts and siding. (16) Originating address or originating account means the string used to specify the source of any electronic mail message (e.g. (c) When theft or any related offense is committed in violation of this title pursuant to 1 scheme or continuous course of conduct, whether from the same or several sources, the conduct may be considered as 1 offense and the value of the property or services aggregated in determining whether the theft is a felony or misdemeanor. Securing execution of documents by deception is a class A misdemeanor. (3) Receives payment or payments and fails to provide that persons own true name or provides a false name, address or phone number of the business offering said new home construction services. WebCriminal trespass in the second degree. (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. Laws, c. 344, 1, 72 Del. Webcriminal trespass in the third degree. 913A. Failing to pay for the services, labor, materials or equipment provided incident to such home improvement; or, c. Diverting said funds to a use other than for which the funds were received; or. Theft: Organized retail crime; class A misdemeanor; class E felony. Burglary in the second degree is class D felony. Laws, c. 498, All other forgery under this paragraph (b)(4) is forgery in the second degree, a class G felony. (d) A conviction is not required for an act of presenting or causing presentation of a fraudulent health-care claim to be used in prosecution of a matter under this section, including an act used as proof of a pattern as defined in paragraph (b)(3) of this section. To conceal, or to assist another to conceal from any telecommunication service provider or from any lawful authority, the existence or place of origin or destination, or the originating and receiving telephone numbers, of any telecommunication under circumstances evincing an intent to use the same in the commission of any offense. 1, 64 Del. 804. (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. (2) The rentees last known address if later furnished in writing by the rentee or the rentees agent. 922. Bribe receiving is a class A misdemeanor. 861. 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. 6, 77 Del. 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. A person convicted of burglary in the first degree shall receive a minimum sentence of 1 year at Level V. (d) Notwithstanding any provision of this section or Code to the contrary, where a person is convicted of burglary in the first degree pursuant to subsection (a) of this section and who either (1) is armed with explosives or a deadly weapon; or (2) causes physical injury to any person who is not a participant in the crime, burglary in the first degree is a class B felony. February 27, 2023 alexandra bonefas scott No Comments . b. (c) Presumption. 6- 8, 83 Del. c. The violation involved 1,000 or more items bearing a counterfeit mark or the total retail value of all items or services bearing or identified by a counterfeit mark is $10,000 or more. Intention and ability to meet obligations as affirmative defense. .060 Criminal trespass in the first degree. 6-9. (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. Laws, c. 478, 5, 67 Del. There may be only 1 discharge and dismissal under this section with respect to any person and no person who is charged with multiple violations of 900 of this title is eligible for treatment as a first offender under this section. 1, 70 Del. (c) For home improvement fraud under this section, it shall be prima facie evidence of the intent specified in 841 of this title that the person offering or agreeing to provide home improvements: (1) Has been previously convicted under this section or under a similar statute of the United States or of any state or of the District of Columbia within 10 years of the home improvement contract in question; (2) Is currently subject to any administrative orders, judgments or injunctions that relate to home improvements under Chapter 25 of Title 6; (3) Failed to comply with Chapter 44 of Title 6 with respect to the home improvement contract in question; or. b. Upon the complaining partys election of such damages at any time before final judgment is entered, the complaining party may recover the actual damages suffered by the complaining party as a result of the violation of this section and any profits of the violator that are attributable to the violation and are not taken into account in computing the actual damages. (3) A person shall be guilty of a class D felony if: a. (2) Publication means distribution to a person other than the protected individual. 1681a(f)), which must accept the passport as an official notice of a dispute and must include notice of the dispute in all future reports that contain disputed information caused by the identity theft. (8) Restitution. Wage theft; class E felony. 4, 69 Del. 2, 62 Del. 837. 921. A property owner may be able to sue someone who enters their land (d) Upon conviction, the sentencing judge shall require full restitution to the victim for any monetary losses suffered and shall consider the imposition of community service and/or an appropriate curfew for a minor. 8, 66 Del. Fraud in insolvency is a class A misdemeanor. 822. 878. Laws, c. 251, Any person convicted a first time of ticket scalping is guilty of a class B misdemeanor. 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. Wrongful disclosure does not include: 1. A person is guilty of selling stolen property if, after the person receives stolen property pursuant to 851 of this title, the person sells some or all of the stolen property received. Laws, c. 133, Criminal trespass in the second degree is an unclassified misdemeanor. Laws, c. 203, 13, 64 Del. Webcriminal trespass in the third degree. 4, 77 Del. (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. A person having possession, custody or control of more than 25 items bearing a counterfeit mark shall be presumed to possess said items with intent to sell or distribute. (a) Except as provided in subsection (b) of this section, as a condition of accepting a payment card as payment for consumer credit, goods, realty, or services, a person may not write down or request to be written down the address and/or telephone number of the payment card holder on the payment card transaction form. (5) Structure or structuring means that a person, acting alone, or in conjunction with, or on behalf of, other persons, conducts or attempts to conduct 1 or more transactions in currency, in any amount, at 1 or more financial institutions, including video lottery facilities, on 1 or more days, in any manner, for the purpose of evading currency transaction reporting requirements provided by state or federal law. (3) Possesses a written instrument, knowing that it was made, completed or altered under circumstances constituting forgery. Laws, c. 195, A person is guilty of tampering with public records in the second degree when, knowing that the person does not have the authority of anyone entitled to grant it, the person knowingly removes, mutilates, destroys, conceals, makes a false entry in or falsely alters any record or other written instrument filed with, deposited in or otherwise constituting a record of a public office or public servant. 900A. The individual described by any information the wrongful disclosure of which is prohibited under this section; or. 933. Laws, c. 106, 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. 920. 1, 77 Del. 1, 72 Del. Unlawfully concealing a will is a class G felony. (2) Offenses involving the unlocking, overriding, or disabling of a security device without authorization, (3) Offenses involving forcible breaking or opening of safes, vending machines, automatic teller machines, lock boxes, gates, doors or any container or depositories of property, or. A person commits criminal trespass in the third degree by: 1. Possession of shoplifters tools or instruments facilitating theft; class F felony. Falsifying business records; class A misdemeanor. (7) Property of another person includes property in which any person other than the defendant has an interest which the defendant is not privileged to infringe, regardless of the fact that the defendant also has an interest in the property and regardless of the fact that the other person might be precluded from civil recovery because the property was used in an unlawful transaction or was subject to forfeiture as contraband. Reencoder and scanning devices. (2) Intellectual property means any trademark, service mark, trade name, label, term, device, design or word adopted or used by a person to identify that persons goods or services. (14) Private personal data means data concerning a natural person which a reasonable person would want to keep private and which is protectable under law. Laws, c. 126, Possessing instruments of crime. Any disclosure made to a collection agency or person designated by the videotape distributor for the purpose of collecting an unreturned videotape or an amount equal to the value of the unreturned videotape; or. One example of the crime would be (d) An application made with the Office of the Attorney General pursuant to subsection (a) of this section, including any supporting documentation, is confidential criminal justice information, is not a public record, and is specifically exempted from public disclosure under the Freedom of Information Act, Chapter 100 of Title 29. [If lesser-included offenses are included, the Court should instruct on those offenses at this point.] In determining the violators profits, the complaining party shall be required to prove only the violators gross revenue, and the violator shall be required to prove the violators own deductible expenses and the elements of profit attributable to factors other than the violation; or. A person is guilty of criminal trespass in the second degree when: 1. he or she knowingly enters or remains unlawfully in a dwelling; or 2. being a person required to (2) Any person knowingly pretends to have been a driver of 1 of the vehicles involved in the accident. (e) When a person is convicted of or pleads guilty to identity theft, the sentencing judge shall order full restitution for monetary loss, including documented loss of wages and reasonable attorney fees, suffered by the victim. 3, 77 Del. 2779). (a) Prohibited acts. a. 12, 60 Del. A pharmacy, hospital or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a controlled or noncontrolled substance in the course of professional practice or research in this State. According to ARS 13-1502, third degree criminal trespass is considered to be a class 3 misdemeanor. 1-3, 77 Del. (d) The rebuttable presumptions referred to in subsections (b) and (c) of this section shall not apply to any person to whom such services have been furnished for less than 31 days or until there has been at least 1 meter reading. Laws, c. 443, Laws, c. 237, 1. repealed by 82 Del. 14, 15, 77 Del. (a) A videotape distributor may not wrongfully disclose an individual or summary listing of any videotapes purchased or rented by a protected individual from the videotape distributor. 1, 74 Del. (e) A violation of subsection (a) of this section is a class D felony. The violation involved the manufacture or production of items bearing counterfeit marks; or. 2, 74 Del. , Forfeiture of unlawful telecommunication or access devices. However, the Office of the Attorney General may provide access to applications and supporting documentation filed pursuant to this section to other criminal justice agencies in this or another State. A conviction for any act of presenting or causing presentation of fraudulent health-care claims, including one which may be relied upon to establish a pattern of presenting or causing presentation of a fraudulent health-care claim, does not preclude prosecution under this section. 5, 63 Del. 907. Criminal trespass in the third degree is a violation. (d) Violation of this section is an unclassified misdemeanor. Theft includes the acts described in this section, as well as those described in 841A-846 of this title. a. Laws, c. 377, Criminal impersonation; class A misdemeanor. Computer crime in the first degree is a class D felony. Laws, c. 222, The violation of this section involves more than 50 unlawful telecommunication or access devices. 850. 1, 2, 73 Del. WebCriminal trespass in the third degree; classification. Part of an issue of stock, bonds or other instruments representing interests in or claims against a corporation, business enterprise or other organization or its property. (a) Whenever any person who has not previously been convicted of issuing or passing a bad check under 900 of this title or under any statute of the United States or of any state relating to the issuing or passing of bad checks pleads guilty to issuing or passing a bad check in violation of 900 of this title in an amount under $1,500 at the time of arraignment, the court without entering a judgment of guilt and with the consent of the accused may defer further proceedings and place the accused on probation upon terms and conditions, which terms and conditions shall include payment of full restitution in the amount of the check plus any reasonable service fee in connection therewith to the victim of the offense and payment to the State of any court costs associated with the offense. Reckless burning or exploding; class A misdemeanor. Any person or entity owning or operating any cable television, satellite, Internet-based, telephone, wireless, microwave, data transmission or radio distribution system, network or facility; and. 2, 74 Del. (b) Any person found guilty of criminal impersonation of a member or veteran of the United States Armed Forces shall be guilty of a class A misdemeanor and receive a minimum fine of not less than $1000, which shall not be subject to suspension. Proof of any conduct constituting theft is sufficient to support an indictment or information charging theft, provided that the conduct proved is sufficiently related to the conduct charged that the accused is not unfairly surprised by the case the accused must meet. Webcriminal trespass in the third degree. 6, 70 Del. (2) Manufacture or assembly of unlawful telecommunications device. [and the premises have been classified by the (3) Notwithstanding paragraphs (d)(1) and (2) of this section: a. A person commits theft of property from a cemetery when, with the intent as prescribed in 841 of this title, the person exercises control over flowers, burial mounds, mementos or any other property left by its owner in a cemetery for purposes of honoring the dead; provided, however, that this section shall not be applicable to employees of a cemetery who remove property from a grave site pursuant to cemetery regulations. (c) Venue. Possession of forgery devices; class G felony. 1, 2, 72 Del. 1, 83 Del. Laws, c. 290, (1) Except as provided in paragraphs (d)(2) and (3) of this section, a violation of this section constitutes a class A misdemeanor. 2, 72 Del. Laws, c. 35, Laws, c. 110, 7, 8, 65 Del. Laws, c. 240, 873. 6, 65 Del. Other crime in committing burglary punishable. (5) Telecommunication service provider. Laws, c. 248, A person is guilty of offering a false instrument for filing when, knowing that a written instrument contains a false statement or false information, and intending to defraud the State, a political subdivision thereof or another person, the person offers or presents it to a public office or a public servant with the knowledge or belief that it will be filed with, registered or recorded in or otherwise become a part of the records of the public office or public servant. Damages awarded by a court under this section shall be computed as either of the following: a. Laws, c. 438, (a) A person is guilty of unlawful use of a payment card when the person uses or knowingly permits or encourages another to use a payment card for the purpose of obtaining money, goods, services, or anything of value knowing that: (1) The card is stolen, forged or fictitious; or, (2) The card belongs to another person who has not authorized its use; or, (3) The card has been revoked or canceled; or. Laws, c. 345, (a) Issues. A person issues a check when, as drawer thereof or as a person who signs a check as drawer in a representative capacity or as agent of the person whose name appears thereon as the principal drawer or obligor, the person delivers it or causes it to be delivered to a person who thereby acquires a right against the drawer with respect to the check. 1, 77 Del. As used in this section, the following words and phrases shall have the meanings given to them in this subsection. For purposes of all criminal fines established for violations of this section, the prohibited activity established herein as it applies to each unlawful telecommunication or access device shall be deemed a separate offense. Criminal impersonation, accident related; class G felony. Theft of computer services. 1, 70 Del. (f) The intent to commit a crime therein may be formed prior to the unlawful entry, be concurrent with the unlawful entry or such intent may be formed after the entry while the person remains unlawfully. Laws, c. 216, Laws, c. 211, A physician, dentist, veterinarian, scientific investigator or other person licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a controlled or noncontrolled substance in the course of professional practice or research in this State. A person is guilty of fraudulent conveyance of public lands when the person executes any deed or other written instrument purporting to convey an interest in land any part of which is public lands of this State, when such person at the time of execution of such instrument knows that the person has no legal or equitable interest in the land described in said instrument. That the defendant, 2. in the State of Colorado, at or about the date and place charged, 3. unlawfully entered or remained in or upon any premises. 8, 77 Del. Laws, c. 161, (b) A person may record the address or telephone number of a payment card holder if the information is necessary for: (1) The shipping, delivery or installation of consumer goods; or. Laws, c. 353, Laws, c. 34, (b) Possession of burglars tools or instruments facilitating theft is a class F felony. Any service provided for a charge or compensation to facilitate the origination, transmission, emission or reception of signs, signals, data, writing, images and sounds or intelligence of any nature by telephone, including cellular telephones, wire, wireless, radio, electromagnetic, photelectronic or photo-optical system, network, facility or technology; and any service provided by any radio, telephone, fiber optic, cable television, satellite, microwave, data transmission, wireless or Internet-based distribution system, network, facility or technology, including, but not limited to, any and all electronic, data, video, audio, Internet access, telephonic, microwave and radio communications, transmissions, signals and services, and any such communications, transmissions, signals and services provided directly or indirectly by or through any of the aforementioned systems, networks, facilities or technologies. A person or entity providing a telecommunication service, whether directly or indirectly as a reseller, including, but not limited to, a cellular, paging or other wireless communications company or other person or entity which, for a fee, supplies the facility, cell site, mobile telephone switching office or other equipment or telecommunication service; b. (4) That person uses or discloses any data which that person knows or believes was obtained in violation of paragraph (1) or (2) of this section. (4) Telecommunication service. Find the best ones near you. b. Laws, c. 517, (c) Occupied dwelling means a dwelling, and a person is lawfully present on the property at the time of the offense. Destruction of computer equipment. It Doesnt Mean Youre Guilty. Deceptive business practices; class A misdemeanor. 811. (d) A merchant, a store supervisor, agent or employee of the merchant 18 years of age or older who detains, or a merchant, a store supervisor, agent or employee of the merchant who causes or provides information leading to the arrest of any person under subsection (a), (b) or (c) of this section, shall not be held civilly or criminally liable for such detention or arrest provided they had, at the time of such detention or arrest, probable cause to believe that the person committed the crime of shoplifting as defined in subsection (a) of this section. Convicted a first time of ticket scalping is guilty of a class B misdemeanor convicted... B felony ability to meet obligations as affirmative defense ; or following words and phrases shall have the meanings to!, 8, 65 Del those offenses at this point. 1. repealed by 82 Del or access.... 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