(b) The Court may award the relief applied for or such other relief as it may deem appropriate in equity. (2) Health-care fraud is a class D felony if the elements of subsection (a) of this section are met and if: a. A person is guilty of criminal trespass in the third degree when the person knowingly enters or remains unlawfully upon real property. Improper labeling; class G felony. Laws, c. 420, Laws, c. 126, 1, 83 Del. A person is guilty of criminal trespass in the third degree when the person knowingly enters or remains unlawfully upon real property. 840A. (a) A person is guilty of insurance fraud when, with the intent to injure, defraud or deceive any insurer the person: (1) Presents or causes to be presented to any insurer, any written or oral statement including computer-generated documents as part of, or in support of, a claim for payment or other benefit pursuant to an insurance policy, knowing that such statement contains false, incomplete or misleading information concerning any fact or thing material to such claim; or. (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. (c) Independent of or in conjunction with an action under subsection (a) of this section, any person who suffers any injury to person, business or property may bring an action for damages against a person who is alleged to have violated any provision of 932-938 or 9616A of this title. A person commits the crime of burglary in the third degree if he/she knowingly enters or remains unlawfully in a dwelling with the intent to commit a crime therein. Unauthorized use of a vehicle is a class A misdemeanor. Issuance of bad check by employee as affirmative defense. (4) Engages in conduct which causes or creates a substantial risk of physical injury to another person. (2) Without lawful authority does any act intended to create or reinforce a false impression that the person is a police officer, firefighter, emergency medical technician (EMT), paramedic or fire police. Laws, c. 125, Selling stolen property; class A misdemeanor; class G felony. Prosecution under this section does not preclude prosecution under any other section of the Code. Laws, c. 271, 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. 1, 77 Del. (b) Definitions. 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. (4) Used or threatened the use of force against the person or property of the person purchasing said home improvement and said person is 62 years of age or older. 826A. Laws, c. 162, (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. (b) A person is guilty of theft of a blank prescription form or pad when the person is not a practitioner as defined in this section and takes, exercises control over, obtains or receives, produces or reproduces any facsimile or counterfeit version of, or transfers, uses, gives, or sells any copies, facsimiles or counterfeit versions, a prescription form or pad of a practitioner with the intent to deprive the practitioner of the use thereof or to facilitate the commission of drug diversion. For the unauthorized acquisition or theft of any telecommunication service or to receive, disrupt, transmit, decrypt, acquire or facilitate the receipt, disruption, transmission, decryption or acquisition of any telecommunication service without the express consent or express authorization of the telecommunication service provider; or. Laws, c. 333, This section shall not apply to electronic mail that is sent between human beings, or when the individual has requested said information. February 27, 2023 alexandra bonefas scott No Comments . 2, 74 Del. Laws, c. 126, 5, 73 Del. 4. Extortion; class E felony. 831. 6, 59 Del. Laws, c. 260, b. For purposes of this subsection, related offenses shall include, but are not limited to, violations of 861, 900 and 903 of this title. In the case of items bearing a counterfeit mark which are components of a finished product, the retail value shall be the counterfeiters regular selling price of the finished product on or in which the component would be utilized. Intellectual property affixed to any item knowingly sold, offered for sale, manufactured or distributed or identifying services offered or rendered, without the authority of the owner of the intellectual property. [If lesser-included offenses are included, the Court should instruct on those offenses at this point.] This subpart shall neither enlarge nor diminish the rights of parties in civil litigation. Criminal impersonation is a class A misdemeanor. (b) This section applies only to receipts that are electronically printed and does not apply to transactions in which the sole means of recording the credit or debit card number is by handwriting or by an imprint or copy of the credit or debit card. Definition of issues and passes.. (1) Any items bearing a counterfeit mark, and all personal property, including, but not limited to, any items, objects, tools, machines, equipment, instrumentalities or vehicles of any kind, knowingly employed or used in connection with a violation of this section may be seized by any law enforcement officer. (3) Structures or assists in structuring, or attempts to structure or assist in structuring, any transaction with one or more financial institutions, including a video lottery facility, foreign or domestic money transmitters or an authorized delegate thereof, check cashers, persons engaged in a trade or business or any other individuals or entities required by state or federal law to file a report regarding currency transactions or suspicious transactions. 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. 8, 13, 68 Del. (a) A person is guilty of criminal impersonation of a police officer, firefighter, emergency medical technician (EMT), paramedic or fire police when the person, intending to facilitate the commission of a crime or while in immediate flight therefrom: (1) Intentionally and without lawful authority impersonates or otherwise pretends to be a police officer, firefighter, emergency medical technician (EMT), paramedic or fire police; or. 1, 82 Del. Any disclosure of names and addresses only for commercial mailing list purposes. (2) Drives or operates the vehicle in violation of 4177 of Title 21. Laws, c. 129, (6) Payment of money means tender of money or other consideration of value by a home buyer or by any lending institution on behalf of the home buyer to a new home contractor as part of a new home construction contract. Graffiti and possession of graffiti implements; class G felony; class A misdemeanor; class B misdemeanor. Destruction of computer equipment. Laws, c. 126, (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. Additional resources provided by the author Arizona Criminal Trespass in the 3rd 1, 77 Del. Laws, c. 337, 4, 77 Del. 857. WebA person commits the crime of Third-Degree Criminal Trespass if such person unlawfully enters or remains in or upon premises of another. A set of related devices connected to a computer by communications facilities; b. Laws, c. 209, As used in this section, the following words and phrases shall have the meanings given to them in this subsection: a. (1) Except as provided for in paragraph (b)(2) or (3) of this section, an offense under this section is an unclassified misdemeanor with a sentence up to 1 year incarceration at Level V, and a fine of up to $10,000 for all violations of this section. (3) All other forgery is forgery in the third degree, a class A misdemeanor. Laws, c. 430, 3, 66 Del. 1, 69 Del. 907B. (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). 22, 81 Del. A public record, or an instrument filed or required to be filed in or with a public office or public servant. Laws, c. 590, Webcriminal trespass in the third degree. 1, 60 Del. (e) The following 3 factors, if established by the rentee by a preponderance of the evidence, shall constitute an affirmative defense to prosecution for theft, that the rentee: (1) Accurately stated the rentees name, address and other material items of identification at the time of the rental; (2) Failed to receive the rentors notice personally due in no significant part to the fault of the rentee; and. 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. Charged With A Crime? 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. S 140.20 Burglary in the third degree. 917. 881. (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. Any person convicted under this section shall be fined not less than $5,000 or an amount up to 3 times the retail value of the items or services bearing or identified by a counterfeit mark, whichever is greater, unless extenuating circumstances are shown by the defendant. (2) The person knows of circumstances which render the presence of another person not an accomplice therein a reasonable possibility. e. A prescription of a duly licensed physician or other person authorized to issue the same for any drug or any instrument or device for which a prescription is required by law. Laws, c. 215, (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 1, 75 Del. WebThe elements of the crime of third degree criminal trespass are: 1. WebBurglary Third Degree (Dwelling) The defendant is charged with burglary in the third degree. Issuing a false certificate; class G felony. Theft; lost or mislaid property; mistaken delivery. (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. Trespassing with intent to peer or peep into a window or door of another is a class B misdemeanor. (5) Pattern of presenting or causing to be presented means 3 or more instances of conduct that constitute presenting or causing to be presented fraudulent health-care claims. 5, 67 Del. 1, 72 Del. (b) In any prosecution for theft of services where services have been obtained from a public utility by the installation of, rearrangement of or tampering with any facility or equipment owned or used by the public utility to provide such services, without the consent or permission of the public utility, or by any other trick or contrivance, it shall be a rebuttable presumption that the person to whom the services are being furnished has created, caused or knows of the condition which is a violation of this section. 3, 78 Del. 1, 59 Del. Possessing instruments of crime. Bribery; class A misdemeanor. a. (6) Computer services includes, but is not limited to, computer access, data processing and data storage. Robbery in the second degree; class E or D felony. (3) Returned the personal property to the rentor or the rentors agent within 48 hours of the commencement of the prosecution, together with any charges for the overdue period and the value of damages (if any) to the property. Laws, c. 186, (d) Proof of pecuniary loss is not required to establish actual damages in connection with an alleged violation of 935 of this title arising from misuse of private personal data. Under our law, a person is guilty of Criminal Trespass in the Third Degree when that person knowingly enters One example of the crime would be (b) WebA person commits the crime of Third-Degree Criminal Trespass if such person unlawfully enters or remains in or upon premises of another. Unlawful use of payment card; class G felony; class A misdemeanor. Laws, c. 147, (2) Third degree criminal trespass is a petty offense, butit is a class 5 felony if the person trespasses on premises so classified as agricultural land with the intent to commit a felony thereon. (d) Violation of this section is an unclassified misdemeanor. (a) Every prosecution for theft shall be based upon 841 of this title. A person is guilty of criminal trespass in the second degree if he or she knowingly enters or remains unlawfully in or upon the premises of another under circumstances not constituting criminal trespass in the first degree. SMC 12A.08.040.B.1 (Emphasis added). 849. Theft of rented property is a class A misdemeanor, unless the value of the property is $1,500 or more, in which case it is a class G felony. 829. A person is guilty of fraud in insolvency when, with intent to defraud any creditor and knowing that a receiver or other person entitled to administer property for the benefit of creditors has been appointed, or that any other composition or liquidation for the benefit of creditors has been made, the person: (1) Conveys, transfers, removes, conceals, destroys, encumbers or otherwise disposes of any part of or any interest in the debtors estate; or, (2) Obtains any substantial part of or interest in the debtors estate; or, (3) Presents to any creditor or to the receiver or administrator any writing or record relating to the debtors estate knowing the same to contain a false material statement; or. 855. A property owner may be able to sue someone who enters their land Laws, c. 345, Bribe receiving is a class A misdemeanor. Laws, c. 216, (c) (1) Except where the victim of any violation of this section is a person 62 years of age or older, unlawful use of a payment card is a class A misdemeanor unless the value of the money, goods, services, or anything of value secured or sought to be secured by means of the payment card is $1,500 or more, in which case it is a class G felony. 900A. (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. 590, Laws, c. 203, Burglary in the second degree; class D felony. A person is guilty of interference with levied-upon property when the person hides, destroys or removes from the county in which it is situated when levied upon or seized any property which the person knows has been levied upon or seized under execution, attachment process or distress for rent. 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. (b) Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against the person and shall simultaneously with said discharge and dismissal submit to the State Bureau of Identification pursuant to Chapter 85 of this title the disposition specifying the name of the person and the nature of the proceedings which dispositional information shall be retained by the State Bureau of Identification in accordance with its standard operating procedures. (2) Engages in a pattern of presenting or causing to be presented fraudulent health-care claims to any health-care benefit program. Laws, c. 350, Video privacy protection. Laws, c. 133, (2) Dealer means a person in the business of buying, selling or lending on the security of goods. WebCriminal trespass in the third degree; classification. Unlawfully concealing a will is a class G felony. Laws, c. 497, 1, 76 Del. Laws, c. 241, (3) Notwithstanding paragraphs (d)(1) and (2) of this section: a. Laws, c. 216, 1, effective Sept. 16, 2019. 6-9. 1, 67 Del. 3, 65 Del. (a) The Office of the Attorney General, in cooperation with any law-enforcement agency, may issue an identity theft passport to a person who is a victim of identity theft in this State and who has filed a police report citing that such person is a victim of a violation of 854 of this title. Laws, c. 211, 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. e. As part of a final judgment or decree finding a violation of this section, order the remedial modification or destruction of any unlawful telecommunication or access device involved in the violation that is in the custody or control of the violator or has been impounded under subsection (b) of this section. In the story above, the Trespassing 1, 75 Del. b. 8, 70 Del. Knowingly entering or remaining unlawfully on any Any person convicted a first time of ticket scalping is guilty of a class B misdemeanor. 907. Definition of payment card. (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. 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. (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. Offering a false instrument for filing; class A misdemeanor. Laws, c. 133, 848. (b) A person is guilty of theft if the person, in any capacity, legally receives, takes, exercises control over or obtains property of another which is the subject of theft, and fraudulently converts same to the persons own use. Identity theft passport; application; issuance. (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. 904. 4, 77 Del. Payment card also includes the number that is assigned to the card even if the physical card, instrument or device is not used or presented. Criminal trespass in the third degree SECTION 140.05 Trespass Penal (PEN) CHAPTER 40, PART 3, TITLE I, ARTICLE 140 140.05. (b) Except as provided in paragraph (d) of this section, robbery second degree is a class E felony. company@sender.com); (17) Receiving address or receiving account means the string used to specify the destination of any electronic mail message (e.g. 903. 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) The provisions of this section do not prohibit a person from: (1) Requesting the drawer to display a payment card for purposes only of identification or credit worthiness; (2) Requesting or recording the type or issuer of a payment card of the drawer; or. WebJean Santiago Rodriguez, 30, of Saratoga Springs, was charged Jan. 12 with two counts of assault in the third-degree. Larceny of livestock; penalty. (a) A person is guilty of possession of burglars tools or instruments facilitating theft when, under circumstances evidencing an intent to use or knowledge that some other person intends to use the same in the commission of an offense of such character, the person possesses any tool, instrument, or other thing adapted, designed, or commonly used for committing or facilitating: (1) Offenses involving unlawful entry into or upon premises. 860. (2) Is currently subject to any administrative order, judgment or injunction under Chapter 25 of Title 6 relating to new home construction or home improvements (as defined in paragraph (a)(4) of this section). Property in possession of the actor shall not be deemed property of another who has only a security interest therein, even if legal title is in the creditor pursuant to a conditional sales contract or other security agreement. 1, 77 Del. (f) Prosecution under this section does not preclude prosecution or sentencing under any other section of this Code. 2. Laws, c. 211, Laws, c. 477, 3, effective Oct. 21, 2022. Wage theft; class E felony. Laws, c. 297, 856. Laws, c. 345, 1, 79 Del. 1, 79 Del. (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. 1, 68 Del. 811. 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. Laws, c. 443, Laws, c. 237, then the finder of fact shall be permitted, but not required, to presume intent to commit theft. (c) For new home construction fraud under this section, it shall be prima facie evidence of the intent specified in 841 of this title that the new home contractor: (1) Has been previously convicted under this section, 916 of this title, or 3505 of Title 6 within 10 years of the first payment under the new home construction contract in question; or. A person is guilty of the computer crime of misuse of computer system information when: (1) As a result of accessing or causing to be accessed a computer system, the person intentionally makes or causes to be made an unauthorized display, use, disclosure or copy, in any form, of data residing in, communicated by or produced by a computer system; (2) That person intentionally or recklessly and without authorization: a. Alters, deletes, tampers with, damages, destroys or takes data intended for use by a computer system, whether residing within or external to a computer system; or. b. 2, 62 Del. (a) A person is guilty of criminal impersonation of a member or veteran of the United States Armed Forces when he or she intentionally, and without lawful authority, impersonates or otherwise holds himself or herself out to be a veteran or member of the United States Armed Forces or to hold oneself out to have an unearned rank in the United States Armed Forces with the purpose of obtaining money, property, or other tangible benefit. A person commits extortion when, with the intent prescribed in 841 of this title, the person compels or induces another person to deliver property to the person or to a third person by means of instilling in the victim a fear that, if the property is not so delivered, the defendant or another will: (3) Engage in other conduct constituting a crime; or, (4) Accuse anyone of a crime or cause criminal charges to be instituted against anyone; or, (5) Expose a secret or publicize an asserted fact, whether true or false, tending to subject anyone to hatred, contempt or ridicule; or, (6) Falsely testify or provide information or withhold testimony or information with respect to anothers legal claim or defense; or, (7) Use or abuse the defendants position as a public servant by performing some act within or related to the defendants official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely; or. 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