A person is guilty of fraudulent receipt of public lands when the person records any deed or other written instrument purporting to transfer to the person an interest in land any part of which is public lands of this State, when such person at the time of recording knows that the transferor had no legal or equitable interest in the land described in said instrument. (3) Computer means a programmable, electronic device capable of accepting and processing data. (4) The offense of identity theft, such as a credit card, driver license or other document issued in a name other than the name of the person who possesses the document. Where the loss to the person who purchased the home improvement is at least $50,000 but less than $100,000, home improvement fraud is a class D felony. (c) A second or subsequent violation of this section involving 100 or more improperly labeled sound recordings, or in which the second or subsequent violation plus any and all prior violations of this section added together involve 100 or more improperly labeled sound recordings, shall constitute a class F felony. The penalty for possession of graffiti implements shall include a minimum fine of not less than $500 which shall not be subject to suspension, restitution for damages to the property and 100 hours of community service, at least 1/2 of which shall be served removing graffiti on public property. Arson in the second degree is a class D felony. A person is guilty of the computer crime of destruction of computer equipment when that person, without authorization, intentionally or recklessly tampers with, takes, transfers, conceals, alters, damages or destroys any equipment used in a computer system or intentionally or recklessly causes any of the foregoing to occur. 938. 1, 76 Del. (b) Security device includes any lock, whether mechanical or electronic, or any warning device designed to alert a person or the general public of a possible attempt to shoplift any goods, wares or merchandise that are displayed for sale. Laws, c. 126, 1, 61 Del. A person is guilty of criminal trespass in the third degree when the person knowingly enters or remains unlawfully upon real property. Laws, c. 195, 1, 2, 75 Del. The Superior Court shall have jurisdiction over any offense charged under this section. Wrongful disclosure means any publication that occurs in circumstances in which a protected individual who rents or purchases a videotape has a reasonable expectation of privacy. As used in this section, the following words and phrases shall have the meanings given to them in this subsection. 13, 64 Del. (c) Any scanning device or reencoder described in subsection (e) of this section allegedly possessed or used in violation of subsection (a) or (b) of this section shall be seized and upon conviction shall be forfeited. 2, 74 Del. Web(2) Except as provided in paragraph (1) (v), an offense under this subsection constitutes a misdemeanor of the third degree if the offender defies an order to leave personally communicated to him by the owner of the premises or other authorized person. February 27, 2023 alexandra bonefas scott No Comments . (b) In any prosecution under this section it is an affirmative defense that no person other than the accused had a possessory or proprietary interest in the building. Forgery; class F felony; class G felony; class A misdemeanor; restitution required. Laws, c. 475, 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. (4) a. No Internet/interactive service provider shall be held liable for any action voluntarily taken in good faith to block the receipt or transmission through its service of any unsolicited, bulk electronic mail which it believes is, or will be, sent in violation to disconnect or terminate the service of any person that is in violation of this article; or, (2) When a person uses a computer or computer network without authority with the intent to: Falsify or forge electronic mail transmission information in any manner in connection with the transmission of unsolicited bulk electronic mail through or into the computer network of an electronic mail service provider or its subscribers; or. (c) Wage theft is punishable under 841(c) and (d) of this title, except that if the person has 2 or more convictions for wage theft, wage theft is a class E felony. (a) A person committing any of the crimes described in 932-938 of this title is guilty in the first degree when the damage to or the value of the property or computer services affected exceeds $10,000. A deed, will, codicil, contract, release, assignment, commercial instrument, check, or other instrument which does or may evidence, create, transfer, terminate, or otherwise affect a legal right, interest, obligation, or status. 4, 69 Del. A. 822. The violation involved the manufacture or production of items bearing counterfeit marks; or. (b) Laws, c. 260, (2) The person makes or possesses any device, apparatus, equipment or article capable of or adaptable to use for purposes of forgery, intending to use it unlawfully. Burglary in the third degree is a class D felony. (b) In any prosecution under this section it is an affirmative defense that: (1) No person other than the accused had a possessory or proprietary interest in the building, or if other persons had such interests, all of them consented to the accuseds conduct; and, (2) The accuseds sole intent was to destroy or damage the building for a lawful purpose; and. (2) Theft of a blank prescription form or pad is a class F felony. This section shall not apply to publishers, broadcasters, printers or other persons engaged in the dissemination of information or reproduction of printed or pictorial matter who publish, broadcast or reproduce material without knowledge of its deceptive character. The crime of criminal trespass in the third degree specifically refers to trespassing in a controlled area, which includes any property that is gated, a school, a A license or privilege to enter or remain in a building which is only partly open to the public is not a license or privilege to enter or remain in that part of the building which is not open to the public. Laws, c. 275, (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. 1, 76 Del. (d) Possession of shoplifters tools or instruments facilitating theft is a class F felony. Laws, c. 133, (a) A person is guilty of arson in the third degree when the person recklessly damages a building by intentionally starting a fire or causing an explosion. .040 Burglary in the third degree. 901. 861. 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. Laws, c. 464, Provides to end-users of electronic mail services the ability to send or receive electronic mail. 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. 2, 72 Del. 1, 76 Del. (g) A violation of subsection (f) of this section is a class G felony. Laws, c. 497, Laws, c. 547, 1, 70 Del. Use, possession, manufacture, distribution and sale of unlawful telecommunication and access devices. 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 1, 70 Del. (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. b. Laws, c. 211, 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. 1, 82 Del. (b) A person is guilty of unlawful use of a payment card where such person knowingly: (1) Makes, possesses, sells, gives or otherwise transfers to another, or offers or advertises a payment card with the intent that it be used or with the knowledge or reason to believe that it will be used to obtain money, goods, services, or anything of value without payment of the lawful charges therefor or without authorization of the card holder; or. Laws, c. 260, (b) The minimum sentence of imprisonment required by subsection (a) of this section shall not be subject to suspension and no person convicted under this section shall be eligible for probation or parole during the first 6 months of the sentence. The intended loss to the health-care benefit program is $100,000 or more; or. Receiving stolen property is a class A misdemeanor unless the value of the property received, retained or disposed of is $1,500 or more, or unless the receiver has twice before been convicted of receiving stolen property, in which case it is a class G felony. 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. Web(1) A person is guilty of criminal trespass in the first degree if he or she knowingly enters or remains unlawfully in a building. Laws, c. 133, [Approved 8-21-15.] (b) Violation of this section involving 100 or more improperly labeled sound recordings shall constitute a class G felony, otherwise it is/shall constitute an unclassified misdemeanor. (b) A person commits identity theft when the person knowingly or recklessly obtains, produces, possesses, uses, sells, gives or transfers personal identifying information belonging or pertaining to another person without the consent of the other person, thereby knowingly or recklessly facilitating the use of the information by a third person to commit or facilitate any crime set forth in this title. 14, 77 Del. Laws, c. 501, Laws, c. 426, 842. (b) For the purposes of this section, owner means the person who owns the original fixation of sounds embodied in the master phonograph record, master disc, master wire, master tape, master film or other device used for reproducing sounds on phonograph records, discs, wires, tapes, films or other articles upon which sound is recorded, and from which the transferred recorded sounds are directly or indirectly derived. 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. (b) Except as provided in paragraph (d) of this section, robbery second degree is a class E felony. 855. S 140.20 Burglary in the third degree. (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 Identity theft passport; application; issuance. Laws, c. 135, (3) Notwithstanding paragraphs (d)(1) and (2) of this section: a. (7) Computer software means 1 or more computer programs, existing in any form, or any associated operational procedures, manuals or other documentation. (b) Dwelling means a building which is usually occupied by a person lodging therein at night including a building that has been adapted or is customarily used for overnight accommodation. Material, including hardware, cables, tools, data, computer software or other information or equipment, knowing that the purchaser or a third person intends to use the material in the manufacture of an unlawful telecommunication or access device. (c) Occupied dwelling means a dwelling, and a person is lawfully present on the property at the time of the offense. For an offense that was committed pursuant to paragraph (a)(3) of this section and the deadly weapon was a firearm, and within 7 years of the date of a previous conviction for robbery in the first degree or if the conviction is for an offense that was committed within 7 years of the date of termination of all periods of incarceration or confinement imposed pursuant to a previous conviction for robbery in the first degree, whichever is the later date. WebBurglary Third Degree (Dwelling) The defendant is charged with burglary in the third degree. (c) Violation of this section shall constitute a class G felony. Laws, c. 129, Laws, c. 215, 1, effective Sept. 16, 2019. (a) A person is guilty of money laundering when: (1) The person knowingly acquires or maintains an interest in, conceals, possesses, transfers, or transports the proceeds of criminal activity; or, (2) The person knowingly conducts, supervises, or facilitates a transaction involving the proceeds of criminal activity; or, (3) The person knowingly invests, expends, or receives, or offers to invest, expend, or receive the proceeds of criminal activity or funds that the person believes are the proceeds of criminal activity; or, (4) The person knowingly finances or invests or intends to finance or invest funds that the person believes are intended to further the commission of criminal activity; or. Laws, c. 241, Some of the punishments if convicted of a class 3 misdemeanorcan include up to 1 year of probation, 30 days in jail and/or monetary fines. (1) That one who has leased or rented the personal property of another, failed to return or make arrangements acceptable to the rentor (lessor) to return the property to the rentor or the rentors agent within 10 days after proper notice, following the expiration of the rental (lease) contract; and/or, (2) That one who has leased or rented the personal property of another and has returned such property, failed to make payment, at the agreed rental rate, for the full period which the property was rented or leased, except when said person has a good faith dispute with the owner of the rental property as to whether any payment, or additional payment, is due to the owner of the rental property; and/or. Falsifying business records; defense. (2) The person knows of circumstances which render the presence of another person not an accomplice therein a reasonable possibility. Robbery in the first degree is a class B felony. (1) Another person means and includes the owner of the motor vehicle or any operator, occupant, passenger of the motor vehicle or any other person who has an interest in the use of the motor vehicle which the offender is not privileged to infringe. Webdegree. [If lesser-included offenses are included, the Court should instruct on those offenses at this point.] (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. Has only limited commercially significant purpose or use other than to facilitate or enable the falsification of electronic mail transmission information or other routing information; or. (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. Laws, c. 341, (g) For the purposes of this subpart, the value of property or computer services shall be: (1) The market value of the property or computer services at the time of the violation; or. 1, 2, 73 Del. Laws, c. 497, (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. 823. 908. 878. Webcriminal trespass in the third degree. 2779). Arson in the third degree; affirmative defense; class G felony. (c) A person possesses shoplifting tools or instruments facilitating theft under circumstances evincing an attempt 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 shoplifting offense or otherwise under circumstances not manifestly appropriate for what lawful uses the tools or instruments may have. 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. A person commits the crime of criminal trespass in the third degree if (4) Such person obtains possession or control over a vehicle, knowing of the existence of a creditor or creditors who are entitled to receive payments on a debt where such vehicle is the only security or represents the major portion of the creditors security, and such person transfers or purports to transfer the vehicle and responsibility for making payments on such vehicle to a third party, whether or not such third party continues or resumes payment to the creditor or creditors. (1) Fraudulent health-care claim means any statement, whether written, oral or in any other form, which is made as part of or in support of a claim or request for payment from any health-care benefit program when such statement knowingly contains false, incomplete or misleading information concerning any fact or thing material to such claim. 3, 65 Del. Laws, c. 315, 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) 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. Laws, c. 93, Laws, c. 162, (d) A motion picture theater owner, a supervisor, agent or employee, 18 years of age or older, who has probable cause to believe that a person has recorded or transmitted a substantial portion of a motion picture and has intentionally violated paragraph (a)(2) 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. A person commits theft when, with the intent prescribed in 841 of this title, the person obtains property of another person by means of a representation, express or implied, that the person or a third person will in the future engage in particular conduct, and when the person does not intend to engage in such conduct or, as the case may be, does not believe the third person intends to engage in such conduct. To convict, the State must prove beyond a reasonable doubt each of the following elements: 1, 76 Del. In the story above, the Trespassing charge given to the man would depend on his reason for being in the building, and whether it could be proven he had an intent to commit another crime while there. A property owner may be able to sue someone who enters their land 881. Identity theft; class D felony. b. Trespassing with intent to peer or peep into a window or door of another; class B misdemeanor. Laws, c. 260, (b) Possession of burglars tools or instruments facilitating theft is a class F felony. Wrongful disclosure does not include: 1. Knowledge that property has been acquired under circumstances amounting to theft may be presumed in the case of a person who acquires it for a consideration which the person knows is substantially below its reasonable value, or that a person possesses property whose affixed identification or serial number is altered, removed, defaced or falsified. (g) No civil action under this section may be brought but within 3 years from the date the alleged violation of 932-938 or 9616A of this title is discovered or should have been discovered by the exercise of reasonable diligence. Issuing a bad check; class A misdemeanor; class G felony. The defendant has been convicted previously under this section or convicted of any similar crime in this or any Federal or other state jurisdiction; or. 836. Web(1) A person commits the crime of third degree criminal trespass if such person unlawfully enters or remains in or upon premises of another. Fraudulent conveyance of public lands is a class G felony. 1, 82 Del. Laws, c. 216, 1, effective Sept. 16, 2019. (b) The failure of any business or other commercial entity, prior to the completion of a transaction (other than a transaction by mail) for which a check is accepted in person by the payee as consideration for goods or services provided by the payee, to: (1) Request and inspect the persons valid drivers license or other photo identification card, which lists the persons name, address, date of birth and approximate height and weight, to validate the identity of the person presenting the check; and. 848. The violation of this section involves at least 10, but not more than 50, unlawful telecommunication or access devices. 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