(1) A dwelling means a building which is usually occupied by a person lodging therein at night but shall not include a mobile home as defined in 7003(12) of Title 25. Laws, c. 260, (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. Laws, c. 475, (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. Criminal trespass in the second degree. (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. Unlawfully concealing a will is a class G felony. Definition of issues and passes.. Forgery in the first degree is a class F felony. 917. A person is guilty of misapplication of property when, knowingly possessing personal property of another pursuant to an agreement that it will be returned to the owner at a future time, the person sells, loans, leases, pledges, pawns or otherwise encumbers the property without the consent of the owner thereof in such a manner as to create a risk that the owner will be unable to recover it or will suffer pecuniary loss. c. A written instrument officially issued or created by a public office, public servant, or governmental instrumentality. Fraudulent receipt of public lands; class G felony. Is primarily designed or produced for the purpose of facilitating or enabling the falsification of electronic mail transmission information or other routing information; b. (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. Laws, c. 126, Criminal trespass in the first degree is a class A misdemeanor. Burglary in the third degree is a class D felony. (2) The person knows of circumstances which render the presence of another person not an accomplice therein a reasonable possibility. WebCriminal Trespass Third Degree The defendant is charged with criminal trespass in the third degree. 12, 78 Del. S 140.20 Burglary in the third degree. (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. 892. (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. (2) Any person who knowingly operates the audiovisual recording function of any device in a motion picture theater for the purpose of recording a motion picture, while the motion picture is being exhibited, without the consent of the motion picture theater owner, is guilty of a is guilty of a class A misdemeanor which notwithstanding any law to the contrary, may also include a fine of up to $50,000. (a) A person who, with intent to cheat or defraud another, possesses, uses, transfers, makes, alters, counterfeits or reproduces a retail sales receipt or Universal Product Code Label is guilty of an offense under this section. 1, 68 Del. 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. (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. 854. (b) A person convicted of violating this section shall be guilty of a class A misdemeanor, unless the person is convicted of possessing 15 or more illegitimate retail sales receipts or Universal Product Code Labels or the aggregate value of the money, property or services illegally obtained or credited to an account is $1,500 or more, in which case it is a class F felony. (2) Any person knowingly pretends to have been a driver of 1 of the vehicles involved in the accident. (h) Evidence. (1) Except as provided in paragraphs (d)(2) and (3) of this section, a violation of this section constitutes a class A misdemeanor. (e) Definitions. Laws, c. 120, 1, 61 Del. Laws, c. 590, 2, 72 Del. Home invasion; class B felony [Repealed]. (a) A person is guilty of reckless burning or exploding when the person intentionally starts a fire or causes an explosion, whether on the persons own property or on anothers, and thereby recklessly places a building or other real or personal property of another in danger of destruction or damage or places another person in danger of physical injury. 1, 83 Del. c. The communications transmission facilities and devices used to interconnect computational equipment, along with control mechanisms associated thereto. . 936. A person is guilty of criminal trespass in the third degree when the person knowingly enters or remains unlawfully upon real property. Criminal trespass in the second degree; unclassified misdemeanor. (c) Falsifying business records is a class A misdemeanor. When the value of the property or computer services or damage thereto cannot be satisfactorily ascertained, the value shall be deemed to be $250. (d) Violation of this section is an unclassified misdemeanor. The offender is a health-care provider at the time of the offense or offenses and the conduct constitutes a pattern of presenting or causing to be presented fraudulent health-care claims. 882. a. Burglary in the third degree is a class D felony. Laws, c. 438, 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. Graffiti and possession of graffiti implements; class G felony; class A misdemeanor; class B misdemeanor. (3) Recording the number and expiration date of a payment card if the person requesting the information has agreed with the payment card issuer to cash checks as a service to the issuers cardholders and the issuer has agreed to guarantee payment of cardholder checks cashed by that person. (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. (a) A person is guilty of wage theft when the person violates 1102A(a)(1), (a)(4), (a)(5), or (a)(6) of Title 19. (b) As used in this section motor vehicle means an automobile, motorcycle, van, truck, trailer, semitrailer, truck tractor and semitrailer combination, or any other vehicle which is self-propelled, which is designed to be operated primarily on a roadway as defined in 101 of Title 21, and in, upon or by which any person or property is or may be transported. 1, 68 Del. 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. (b) A person is guilty of burglary in the second degree when the person knowingly enters or remains unlawfully in a building with intent to commit a crime therein and where the person is armed with explosives or a deadly weapon or where the person causes physical injury to any other person who is not a participant in the crime. Selling stolen property; class A misdemeanor; class G felony. (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. Arson in the second degree; affirmative defense; class D felony. (a) A person is guilty of theft when the person takes, exercises control over or obtains property of another person intending to deprive that person of it or appropriate it. (5) Telecommunication service provider. 14, 77 Del. (c) It is a defense that the defendant has a reasonable ground to believe that the defendant has a right to engage in the conduct set forth in subsection (a) of this section. An offense under paragraph (1) (v) constitutes a misdemeanor of the first degree. Larceny of livestock; penalty. (4) Health-care provider means any health-care professional, an owner or operator of a health-care practice or facility, any person who creates the impression that the person or the persons practice or facility can provide health-care services, or any person employed or acting on behalf of any of the aforementioned persons. A person is guilty of defrauding secured creditors if the person destroys, removes, conceals, encumbers, transfers or otherwise deals with property subject to a security interest, intending to defeat enforcement of that interest. February 27, 2023 alexandra bonefas scott No Comments . (h) Premises include the term building as defined in 222 of this title, and any real property. (a) A person is guilty of criminal trespass in the third degree when he knowingly enters or remains unlawfully in or upon premises. Laws, c. 133, (3) Retail value means the counterfeiters regular selling price for the item or service bearing or identified by the counterfeit mark. A person may be convicted of both receiving stolen property and selling stolen property. Laws, c. 34, If a person is convicted of a violation of 922 of this title, the court in its sentencing order shall order the forfeiture and destruction or other disposition of: (1) All articles on which the conviction is based; and. Laws, c. 240, (c) Occupied dwelling means a dwelling, and a person is lawfully present on the property at the time of the offense. Motor vehicle as used in this section shall not include any device that is included within the definitions of moped, off-highway (OHV), triped, motorized scooter or skateboard, motorized wheelchair or electric personal assistive mobility device (EPAMD) as defined in 101 of Title 21. Trespassing with intent to peer or peep into a window or door of another is a class B misdemeanor. Theft; lost or mislaid property; mistaken delivery. Payment card includes any instrument or device, whether known as a credit card, credit plate, bank service card, banking card, check guarantee card, electronic benefits transfer (EBT) card, or debit card or by any other name, issued with or without fee by an issuer for the use of the cardholder in obtaining money, goods, services, or anything else of value on credit, by the withdrawing of funds from a deposit account, or through the use of value stored on the card. 911. Laws, c. 497, The intended loss to the health-care benefit program is $100,000 or more; or. Laws, c. 425, WebA person commits the crime of Third-Degree Criminal Trespass if such person unlawfully enters or remains in or upon premises of another. (b) Criminal mischief is punished as follows: (1) Criminal mischief is a class G felony if the actor intentionally causes pecuniary loss of $5,000 or more, or if the actor intentionally causes a substantial interruption or impairment of public communication, transportation, supply of water, gas or power, or other public service; (2) Criminal mischief is a class A misdemeanor if the actor intentionally or recklessly causes pecuniary loss in excess of $1,000; (3) Otherwise criminal mischief is an unclassified misdemeanor; (4) If an actor commits an act of criminal mischief of any degree on or along a Delaware byway, as defined in 101 of Title 17, the court shall impose a minimum mandatory fine of at least $500. Laws, c. 133, Laws, c. 147, [Approved 8-21-15.] (2) Drives or operates the vehicle in violation of 4177 of Title 21. (b) Except as provided in paragraph (d) of this section, robbery second degree is a class E felony. Burglary in the second degree is class D felony. WebThird Degree Criminal Trespass, C.R.S. Laws, c. 368, 2023 Sawyer Legal Group, LLC All Rights Reserved Chad Lang, 49, of Saratoga Springs, was charged Jan. 11 with criminal trespass. 10, 79 Del. 8, 13, 68 Del. A person is guilty of issuing a false certificate when, being a public servant authorized by law to make or issue official certificates or other official written instruments, and with intent to defraud, deceive or injure another person, the person issues such an instrument, or makes the same with intent that it be issued, knowing that it contains a false statement or false information. (a) Except as provided in subsection (b) of this section, a person who accepts credit or debit cards in exchange for goods or services shall print not more than 5 digits of that credit or debit card account number on the credit or debit card receipt provided to the cardholder. (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. 1, 72 Del. 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. (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. b. The instructions are, of course, based on statutory provisions and prevailing case law. 1, 71 Del. 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. (2) Forgery is forgery in the second degree if the written instrument is or purports to be any of the following: a. Laws, c. 353, , Manufacture or assembly of any unlawful access device. 1, 65 Del. Failing to substantially complete the home improvement for which the funds were provided; or, b. 7, 8, 65 Del. 852. 938. 811. Laws, c. 134, 4, 65 Del. Knowingly entering or remaining unlawfully on any real property after a reasonable request to leave by a law enforcement officer, the owner or any other person having lawful control over such property, or reasonable notice prohibiting entry. (c) Violation of this section is an unclassified misdemeanor. (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. Arson in the second degree is a class D felony. Cross or religious symbol burning; class A misdemeanor [Transferred]. (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. 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