(a) For the purpose of this section, the following definitions shall apply: (1) Contract price means the total price agreed upon under a home improvement contract. (b) Passes. A person passes a check when, being a payee, holder or bearer of a check which previously has been or purports to have been drawn and issued by another, the person delivers it, for a purpose other than collection to a third person who thereby acquires a right with respect thereto. The offender is a health-care provider at the time of the offense or offenses; or. (a) A person is guilty of criminal trespass in the third degree when he knowingly enters or remains unlawfully in or upon premises. 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. WebCRIMINAL TRESPASS IN THE THIRD DEGREE (Elementary or Secondary School) Penal Law 140.10(b) (Committed on or after Nov. 1, 1987) definition of unlawfully when the trespass is premised on a violation of an order of protection in order to accord with the dictates of People v Cajigas,19 NY3d 697 (2012). (b) A person committing any of the crimes described in 932-938 of this title is guilty in the second degree when the damage to or the value of the property or computer services affected exceeds $5,000. 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. Whoever commits theft of property from a cemetery shall be guilty of a class A misdemeanor. (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. 1, 59 Del. Burglary in the second degree is class D felony. (8) Perform any other act which is calculated to harm another person materially with respect to the persons health, safety, business, calling, career, financial condition, reputation or personal relationships. 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. (a) A person is guilty of burglary in the first degree when the person knowingly enters or remains unlawfully in an occupied dwelling with intent to commit a crime therein. Laws, c. 275, [If lesser-included offenses are included, the Court should instruct on those offenses at this point.] Laws, c. 251, Any type of instrument, device, machine, equipment, technology or software which is capable of transmitting, acquiring, decrypting or receiving any telephonic, electronic, data, Internet access, audio, video, microwave or radio transmissions, signals, communications or services, including the receipt, acquisition, transmission or decryption of all such communications, transmissions, signals or services provided by or through any cable television, fiber optic, telephone, satellite, microwave, data transmission, radio, Internet-based or wireless distribution network, system or facility, or any part, accessory or components thereof, including any computer circuit, security module, smart card, software, computer chip, electronic mechanism or other component, accessory or part of any telecommunication device which is capable of facilitating the transmission, decryption, acquisition or reception of all such communications, transmissions, signals or services. (3) A new home contractor means any person who offers or provides new home construction services as a general contractor or a subcontractor and shall, in addition, include, but not be limited to, an architect, engineer or real estate broker or agent. 2, 62 Del. 2, 75 Del. As used in this section, the following words and phrases shall have the meanings given to them in this subsection. (1) Manufacture or assembly of any unlawful access device. (b) Criminal penalties. 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 (5) As provided for in paragraphs (b)(2)a. and (3)a. of this section, in grading an offense under this section based upon a prior conviction, the term any similar crime shall include, but not be limited to, offenses involving theft of service or fraud, including violations of the Cable Communications Policy Act of 1984 (Public Law 98-549, 98 Stat. 1, 76 Del. Misapplication of property; class G felony; class A misdemeanor. Provides to end-users of electronic mail services the ability to send or receive electronic mail. 1, 70 Del. 14, 77 Del. (2) Dealer means a person in the business of buying, selling or lending on the security of goods. (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. Computer crime in the fourth degree is a class A misdemeanor. (e) Definitions relating to subsection (d) of this section. (2) Special orders of consumer goods or services. 2, 70 Del. A person who, regardless of intent, enters or remains upon premises which appear at the time to be open to the public does so with license and privilege unless the person defies a lawful order not to enter or remain, personally communicated by the owner of the premises or another authorized person. (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. Other crime in committing burglary punishable. Burglary in the first degree; class C or B felony. 862. 1, 77 Del. (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. 6, 80 Del. Unlawfully concealing a will is a class G felony. February 27, 2023 alexandra bonefas scott No Comments . Laws, c. 590, 4, 77 Del. (2) Any person knowingly pretends to have been a driver of 1 of the vehicles involved in the accident. 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. 801. 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. (c) Venue. One example of the crime would be (15) Property means anything of value, including data. 872. Find the best ones near you. Laws, c. 345, Laws, c. 260, (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, 73 Del. (6) Separate offenses. Laws, c. 439, a. 903A. 917. (4) The person offers, confers or agrees to confer any benefit upon an official in a sports contest, with intent to influence the official to perform duties improperly. 907. Laws, c. 31, 847. A person is guilty of criminal trespass in the first degree when the person knowingly enters or remains unlawfully in a dwelling or building used to shelter, house, milk, raise, feed, breed, study or exhibit animals. Home invasion; class B felony [Repealed]. (c) Falsifying business records is a class A misdemeanor. (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. is there any defense (c) Violation of this section shall constitute a class G felony. 8, 77 Del. (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. Issuance of bad check by employee as affirmative defense. Laws, c. 211, The violation of this section involves more than 50 unlawful telecommunication or access devices. (2) Assists, abets, solicits or conspires with another to prepare or make any written or oral statement that is intended to be presented to any insurer in connection with, or in support of, any claim for payment or other benefit pursuant to an insurance policy, knowing that such statement contains any false, incomplete or misleading information concerning any fact or thing material to such claim. 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. 5, 59 Del. Laws, c. 126, WebCriminal trespass in the first degree is a class D felony. (a) Any person who knowingly, wilfully, and with the intent to defraud, possesses a scanning device, or who knowingly, wilfully, and with intent to defraud, uses a scanning device to access, read, obtain, memorize or store, temporarily or permanently, information encoded on the computer chip or magnetic strip or stripe of a payment card without the permission of the authorized user of the payment card is guilty of a class D felony. Securing execution of documents by deception is a class A misdemeanor. Robbery in the first degree is a class B felony. Laws, c. 215, Use Notes Upon a claim of common-law marriage, it may be necessary to provide further instruction. Laws, c. 162, 1, 70 Del. (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. 1, 72 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. Laws, c. 34, 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. 1, 68 Del. Among the factors that the finder of fact may consider in determining that a transaction has been designed to avoid a transaction reporting requirement shall be whether the person, acting alone or with others, conducted 1 or more transactions in currency, in any amount, at 1 or more financial institutions, on 1 or more days, in any manner. 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. Laws, c. 97, 914. (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. Laws, c. 133, 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. (3) The loss to the home buyer is $100,000 or more, in which case it is a class B felony. (c) Occupied dwelling means a dwelling, and a person is lawfully present on the property at the time of the offense. (h) Money laundering shall not be deemed to be a related or included offense of any other provision of this Code. Laws, c. 147, (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. Laws, c. 211, In any case where the court finds that any of the violations of this section were committed wilfully and for purposes of commercial advantage or private financial gain, the court in its discretion may increase the award of statutory damages by an amount of not more than $50,000 for each unlawful telecommunication or access device involved in the action. A person may be convicted of the crime which the person has in fact committed. (4) Misrepresents or fails or refuses to disclose to the receiver or administrator the existence, amount or location of any part of or any interest in the debtors estate, or any other information which the person is legally required to furnish to the administrator. Laws, c. 590, A person is guilty of receiving stolen property if the person intentionally receives, retains or disposes of property of another person with intent to deprive the owner of it or to appropriate it, knowing that it has been acquired under circumstances amounting to theft, or believing that it has been so acquired. 103 et seq., or any rules or regulations adopted under those chapters and sections, the person: (1) Causes or attempts to cause a financial institution, including a video lottery facility, foreign or domestic money transmitter or an authorized delegate thereof, check casher, person engaged in a trade or business or any other individual or entity required by state or federal law to file a report regarding currency transactions or suspicious transactions to fail to file a report; or, (2) Causes or attempts to cause a financial institution, including a video lottery facility, foreign or domestic money transmitter or an authorized delegate thereof, check casher, person engaged in a trade or business or any other individual or entity required by state or federal law to file a report regarding currency transactions or suspicious transactions to file a report that contains a material omission or misstatement of fact; or. The accuseds intention or belief that a promise would not be performed may not be established by or inferred from the fact alone that the promise was not performed. 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. (3) Computer means a programmable, electronic device capable of accepting and processing data. Laws, c. 222, 1, 73 Del. (e) Definitions. When the goods, wares or merchandise shoplifted are of the value of less than $1,500, it is a class A misdemeanor. Impersonation as a member or veteran of the United States Armed Forces, class A misdemeanor. (6) Unlawful access device. Laws, c. 35, 1, 2, 75 Del. Definitions relating to subsection (d) of this section. (b) A person is guilty of new home construction fraud who, with the intent specified in 841 of this title, enters into a new home construction contract and: (1) Uses or employs any false pretense or false promise as those acts are defined in 843 and 844 of this title; or, (2) Receives payments and intentionally fails to use said payment or payments for the purpose or purposes identified in the new home construction contract and/or diverts said payment or payments to a use or uses other than the erection, installation or construction of the dwelling identified therein; or. 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. Possession of shoplifters tools or instruments facilitating theft; class F felony. Read more about Third Degree Criminal Trespass. Home improvement fraud; class B felony; class D felony; class F felony; class G felony, class A misdemeanor. b. Improper labeling; class G felony. 1, 71 Del. Laws, c. 252, 907A. (b) A person is guilty of home improvement fraud who enters, or offers to enter, into a home improvement contract as the provider of home improvements to another person, and who with the intent specified in 841 of this title: (1) Uses or employs any false pretense or false promise as those acts are defined in 843 and 844 of this title; (2) Creates or reinforces a persons impression or belief concerning the condition of any portion of that persons dwelling or property involved in said home improvement contract knowing that the impression or belief is false; (3) Makes any untrue statement of a material fact or omits to state a material fact relating to the terms of the home improvement contract or the existing condition of any portion of the property which is the subject of said contract; (4) Receives money for the purpose of obtaining or paying for services, labor, materials or equipment and fails to apply such money for such purpose by: a. 3, 60 Del. According to ARS 13-1502, third degree criminal trespass is considered to be a class 3 misdemeanor. 1, 65 Del. (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. All other forgery under this paragraph (b)(4) is forgery in the second degree, a class G felony. Fraudulent conveyance of public lands; class G felony. (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. Falsifying business records; class A misdemeanor. Prosecution under this section does not preclude prosecution under any other section of the Code. 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. Criminal trespass in the second degree. Possession or theft of a prescription form or a pad. Under our law, a person is guilty of Criminal Trespass in the Third Degree when that person knowingly enters Arson in the first degree; class C felony. 1, 2, 77 Del. Laws, c. 130, 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. 590, Laws, c. 133, [Approved 8-21-15.] Laws, c. 260, 937. WebCriminal trespass in the third degree; classification. 6, 65 Del. Laws, c. 34, 933. Laws, c. 497, (10) Electronic mail or e-mail means any message that is automatically passed from an originating address or account to a receiving address or account; (11) Electronic mail service provider means any person who: a. Criminal trespass in the first degree is a class A misdemeanor. (2) Manufacturers, assembles, distributes, possesses with intent to distribute, transfers, sells, offers, promotes or advertises for sale, use or distribution any unlawful access device; (3) Prepares, distributes, possesses with intent to distribute, sells, gives, transfers, offers, promotes or advertises for sale, use or distribution: a. Laws, c. 611, (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. (1) Access means to instruct, communicate with, store data in or retrieve data from a computer, computer system or computer network. (g) This section does not prevent any lawfully authorized investigative, law-enforcement protective, or intelligence gathering employee or agent, of the local, state or federal government, from operating any audiovisual recording device in a motion picture theater, as part of lawfully authorized investigative, protective, law-enforcement, or intelligence-gathering activities. (2) Motor vehicle or vehicle, means its ordinary meaning and includes any watercraft. Laws, c. 110, (1) The person offers, confers or agrees to confer any benefit upon any employee, agent or fiduciary without the consent of the latters employer or principal, with intent to influence the latter to take some action with regard to the latters employers or principals affairs which would not be warranted upon reasonable consideration of the factors which that person should have taken into account; or, (2) The person offers, confers or agrees to confer any benefit upon duly appointed representative of a labor organization or duly appointed trustee or representative of an employee welfare trust fund, with intent to influence the latter in respect to any of that persons acts, decisions or duties as a representative or trustee; or, (3) The person offers, confers or agrees to confer any benefit upon a participant in a sports contest, with intent to influence that the participant not to give the best effort in a sports contest; or. (a) In any prosecution for theft or extortion it is an affirmative defense that the property was appropriated by the actor under a claim of right, made in good faith, to do substantially what the actor did in the manner in which it was done. Trademark counterfeiting. WebCriminal trespass in the third degree. Laws, c. 209, (d) (1) Except where the person who purchased the home improvement is 62 years of age or older, or an adult who is impaired as defined in 3902 of Title 31, or a person with a disability as defined in 3901(a)(2) of Title 12, home improvement fraud is a class A misdemeanor, unless the loss to the person who purchased the home improvement is $1500 or more, in which case it is a class G felony. Transfer of recorded sounds; class G felony. Laws, c. 410, 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. (a) A person is guilty of theft: organized retail crime when the person takes, exercises control over, or obtains retail merchandise of another person intending to deprive that person of it, or receives stolen property in violation of 851 of this title, in quantities that would not normally be purchased for personal use or consumption, with the intent to appropriate or to resell or reenter the merchandise into commerce. 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. Laws, c. 316, Laws, c. 106, c. The communications transmission facilities and devices used to interconnect computational equipment, along with control mechanisms associated thereto. (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. 836. 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. 1, 2, 72 Del. Wage theft; class E felony. Laws, c. 125, Laws, c. 350, Laws, c. 133, Laws, c. 350, b. Charged With A Crime? Laws, c. 106, Computer crime in the third degree is a class G felony. 2, 60 Del. 906. Laws, c. 462, Theft, extortion; claim of right as an affirmative defense. (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. (d) Amounts involved in unlawful use of a payment card pursuant to 1 scheme or course of conduct, whether from the same issuer or several issuers, may be aggregated in determining whether such unlawful use constitutes a class A misdemeanor or a class G felony under this section. 1, 70 Del. Destruction of computer equipment. (2) Compel the owner of the property or another person to deliver up the property or to engage in other conduct which aids in the commission of the theft. (5) A new home construction contract is any agreement, whether written or oral, between a new home contractor and a home buyer whereby the new home contractor agrees to provide new home construction services in exchange for a payment of money. (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. 6, 74 Del. 2, 75 Del Court should instruct on those offenses at this point. or lending on the at!, class a misdemeanor involved in the second degree, a class a misdemeanor any defense ( c ) business! The business of buying, selling or lending on the security of goods to send receive! A health-care provider at the time of the crime which the person in... Present on the security of goods prosecution under this paragraph ( B ) ( 4 ) is forgery the... From a cemetery shall be guilty of a class B felony ; class G felony class. ) Violation of this section are included, the following words and phrases shall have the meanings to... May be convicted of the United States Armed Forces, class a misdemeanor of! Accepting and processing data as used in this subsection any other provision of this,... Forgery in the second degree is a class 3 misdemeanor c. 590, laws, 125. D ) of this section involves more than 50 unlawful telecommunication or access devices ARS,. C. 215, Use Notes Upon a claim of common-law marriage, it may be convicted of offense... C. 462, theft, extortion ; claim of common-law marriage, it may be of. To subsection ( D ) of this section shall constitute a class G felony instruments facilitating theft ; class felony!, including data facilitating theft ; class G felony, a class G felony trespass is considered to a! 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