Sale of transferred recorded sounds; class A misdemeanor. 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. (5) The person knowingly engages in a transaction involving the proceeds of criminal activity intended, in whole or in part, to avoid a currency transaction reporting requirement under the laws of this State or any other state or of the United States. (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. Any person who has suffered damages as a result of an alleged violation of any provision of 932-938 or 9616A of this title, and submits proof to the satisfaction of the Court that the person has in fact been damaged, may participate with general creditors in the distribution of the assets to the extent the person has sustained out-of-pocket losses. The court shall, in addition to any other sentence authorized by law, sentence a person convicted of violating this section to make restitution in the manner provided in 4106 of this title. (12) The Internet is a hierarchy of computer networks and systems that includes, but is not limited to, commercial (.com or .co), university (.ac or .edu) and other research networks (.org, .net) and military (.mil) networks and spans many different physical networks and systems around the world. (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. 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. 260, (d) A person enters upon premises when the person introduces any body part or any part of any instrument, by whatever means, into or upon the premises. Laws, c. 590, Forgery in the first degree is a class F 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. 851. Interference with levied-upon property; class A misdemeanor. (2) Third degree criminal trespass is a petty offense, but it is a class 5 felony if the person trespasses on premises so classified as agricultural land with the intent to commit a felony thereon. (e) A violation of subsection (a) of this section is a class D felony. Laws, c. 462, Criminal trespass 3rd degree, how can i get it reduced? 842. (a) A person is guilty of robbery in the first degree when the person commits the crime of robbery in the second degree and when, in the course of the commission of the crime or of immediate flight therefrom, the person or another participant in the crime: (1) Causes physical injury to any person who is not a participant in the crime; or, (2) Displays what appears to be a deadly weapon or represents by word or conduct that the person is in possession or control of a deadly weapon; or, (3) Is armed with and uses or threatens the use of a dangerous instrument; or, (4) Commits said crime against a person who is 65 years of age or older; or. 2, 60 Del. Destruction of computer equipment. Bribe receiving is a class A misdemeanor. The intended loss to the health-care benefit program is $100,000 or more; or. Laws, c. 181, (2) Publishes a payment card or code of an existing, canceled, revoked, expired or nonexistent payment card, or the numbering or coding which is employed in the issuance of payment cards, with the intent that it be used or with knowledge or reason to believe that it will be used either: to avoid the payment for any money, goods, services, or anything of value; or without authorization of the card holder. 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. 1, 77 Del. 901. WebCriminal Trespass Third Degree The defendant is charged with criminal trespass in the third degree. Justices of the peace shall have concurrent jurisdiction of violations of this section. (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. (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 A person is guilty of criminal trespass in the second degree when: 1. he or she knowingly enters or remains unlawfully in a dwelling; or 2. being a person required to (c) In addition to the provisions of 841(c) and (d) of this title, if a defendant has 2 or more times been convicted of theft: organized retail crime, the offense of theft: organized retail crime is a class E felony. No Internet/interactive service provider shall be liable for merely transmitting an unsolicited, bulk commercial electronic mail message in its network. (f) Structuring; avoiding a transaction reporting requirement. 1, 68 Del. 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. (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. Laws, c. 186, person@receiver.com); A person is guilty of the computer crime of unauthorized access to a computer system when, knowing that the person is not authorized to do so, the person accesses or causes to be accessed any computer system without authorization. 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. (b) Any person who knowingly, wilfully, and with the intent to defraud, possesses a reencoder, or who knowingly, wilfully, and with intent to defraud, uses a reencoder to place encoded information on the computer chip or magnetic strip or stripe of a payment card or any electronic medium that allows an authorized transaction to occur, without the permission of the authorized user of the payment card from which the information is being reencoded is guilty of a class D felony. 1, 67 Del. (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. 8, 66 Del. 825. (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. 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. A person is guilty of burglary in the third degree when he knowingly enters or remains unlawfully in a building with intent to commit a crime therein. (6) Separate offenses. Theft of rented property; class A misdemeanor or class G felony. A person is guilty of criminal trespass in the third degree when he knowingly enters or remains unlawfully in a building or upon real property (a) which is 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. Laws, c. 162, Unauthorized use of a vehicle is a class A misdemeanor. Laws, c. 497, Insurance fraud; class G felony. A person is guilty of bribe receiving if: Being an employee, agent or fiduciary and, without the consent of the employer or principal, the person solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that the benefit will influence the person to take some action with regard to the employers or principals affairs which would not be warranted upon reasonable consideration of the factors which the person should have taken into account; or, Being a duly appointed representative of a labor organization or a duly appointed trustee or representative of an employee welfare trust fund, the person solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that the benefit will influence the person in respect to any of the persons acts, decisions or duties as representative or trustee; or, Being a participant in a sports contest, the person solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that the person will thereby be influenced not to give the best effort in a sports contest; or. 871. (b) A person may record the address or telephone number of a payment card holder if the information is necessary for: (1) The shipping, delivery or installation of consumer goods; or. 3, 69 Del. Refreshed: 2018-06-06 NewYork.Public.Law Laws of Arson in the first degree; class C felony. (f) Fine. (2) Health-care benefit program means any plan or contract, whether public or private, under which any medical benefit, equipment, medication or service is provided to any individual. Where the loss to the person who purchased the home improvement is at least $100,000, home improvement fraud is a class B felony. Extortion; class E felony. 1, 65 Del. Proof of any conduct constituting theft is sufficient to support an indictment or information charging theft, provided that the conduct proved is sufficiently related to the conduct charged that the accused is not unfairly surprised by the case the accused must meet. 7, 72 Del. 1, 82 Del. (c) For home improvement fraud under this section, it shall be prima facie evidence of the intent specified in 841 of this title that the person offering or agreeing to provide home improvements: (1) Has been previously convicted under this section or under a similar statute of the United States or of any state or of the District of Columbia within 10 years of the home improvement contract in question; (2) Is currently subject to any administrative orders, judgments or injunctions that relate to home improvements under Chapter 25 of Title 6; (3) Failed to comply with Chapter 44 of Title 6 with respect to the home improvement contract in question; or. Laws, c. 120, (3) The accused had no reasonable ground to believe that the conduct might endanger the life or safety of another person or damage another building. Bribe receiving; class A misdemeanor. 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, 2, 73 Del. (3) Notwithstanding paragraphs (d)(1) and (2) of this section: a. (2) Scanning device means a scanner, reader, or any other electronic device that is used to access, read, scan, obtain, memorize, or store, temporarily or permanently, information encoded on the computer chip or magnetic strip or stripe of a payment card. (7) For the purpose of this section, land is purchased by a home buyer when the home buyer acquires it by sale, negotiation, mortgage, pledge, lien, gift or any other transaction creating an interest in the property prior to the formation of the new home construction contract, or if the home buyer is to purchase the land as part of the new home construction contract. 853. (c) The sentencing provisions of this section apply to attempted robbery in the first degree as well as robbery in the first degree. 852A. WebCriminal trespass in the third degree; classification. Laws, c. 203, (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. (7) Fines. Laws, c. 133, Wage theft; class E felony. 902. In addition, knowledge that property has been acquired under circumstances amounting to theft shall be presumed in the case of a person or dealer who acquires it for a consideration, when such property consists of traffic signs, other traffic control devices or historical markers and the acquisition is not accompanied by a written authorization for the propertys disposition from the Department of Transportation, Department of State or other entity which owns the property. 906. Laws, c. 134, (4) A material fact is a fact that a reasonable person would consider important when purchasing a home improvement of the variety being offered. (2) All seized personal property referenced in paragraph (g)(1) of this section shall be forfeited in accordance with applicable law, unless the prosecuting attorney responsible for the charges and the intellectual property owner consent in writing to another disposition. The transaction or transactions need not exceed the reporting threshold at any single financial institution on any single day in order to meet the definition of structure or structuring provided in this paragraph. (2) Forgery is forgery in the second degree if the written instrument is or purports to be any of the following: a. Any person convicted a second or subsequent time of ticket scalping shall be guilty of a class A misdemeanor. 1, 71 Del. 1, 65 Del. 1, 79 Del. (2) A person shall be guilty of a class F felony if: a. Shoplifting; class G felony; class A misdemeanor. For purposes of 841-856, 1450 and 1451 of this title: (1) Appropriate means to exercise control, or to aid a third person to exercise control, over property of another person permanently or for so extended a period or under such circumstances as to acquire a major portion of its economic value or benefit, or to dispose of property for the benefit of the actor or a third person. A person is guilty of criminal trespass in the third degree when the person knowingly enters or remains unlawfully upon real property. 1, 76 Del. (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. (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. (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. 1, 77 Del. Laws, c. 129, Larceny of livestock; penalty. Laws, c. 240, 881. Failing to substantially complete the home improvement for which the funds were provided; or, b. Provides to end-users of electronic mail services the ability to send or receive electronic mail. 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. b. 1, 72 Del. A person is guilty of a crime if, with the purpose to evade a transaction reporting requirement of this State or of 31 U.S.C. (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. 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. The violation of this section involves at least 10, but not more than 50, unlawful telecommunication or access devices. (c) Venue. (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. (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) 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. 936. (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. Use of consumer identification information. 1, 2, 60 Del. Damages awarded by a court under this section shall be computed as either of the following: a. (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. This section shall not apply to the transmission of electronic mail from an organization to its members or where there is a preexisting business relationship. (b) Notwithstanding any provisions of this section or Code to the contrary, any person convicted of robbery in the first degree shall receive a minimum sentence of: (2) Five years at Level V, if the conviction was either of the following: a. Any electronic serial number, mobile identification number, personal identification number or any telecommunication device that is capable of acquiring or facilitating the acquisition of a telecommunication service without the express consent or express authorization of the telecommunication service provider, or that has been altered, modified, programmed or reprogrammed alone or in conjunction with another telecommunication device or other equipment to so acquire or facilitate the unauthorized acquisition of a telecommunication service. A person is guilty of burglary in the third degree when the person knowingly enters or remains unlawfully in a building with intent to commit a crime therein. 4, 65 Del. 1, 80 Del. 1, 76 Del. (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. (d) An application made with the Office of the Attorney General pursuant to subsection (a) of this section, including any supporting documentation, is confidential criminal justice information, is not a public record, and is specifically exempted from public disclosure under the Freedom of Information Act, Chapter 100 of Title 29. Criminal trespass in the first degree. (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. (c) A person convicted of violating this section shall be subject to a fine of not more than $500 for each violation, or imprisonment for not more than 6 months for all violations, or both. For an offense committed within 2 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 2 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. Forgery in the second degree is a class G 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. This subpart shall neither enlarge nor diminish the rights of parties in civil litigation. i was walking near railroad tracks with friends and then a cop saw us and stopped us. 938. 941. 6, 83 Del. Interference with levied-upon property is a class A misdemeanor. 8, 77 Del. (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. Criminal impersonation, accident related; class G felony. i was walking near railroad tracks with friends and then a cop saw us and stopped us. (2) Home improvement means any alteration, repair, addition, modification or improvement to any dwelling or the property on which it is situated, including but not limited to the construction, painting or coating, installation, replacement or repair of driveways, sidewalks, swimming pools, unattached structures, porches, kitchens, bathrooms, chimneys, fireplaces, stoves, air conditioning or heating systems, hot water heaters, water treatment systems, electrical wiring or systems, plumbing fixtures or systems, doors or windows, roofs, gutters, downspouts and siding. (6) Computer services includes, but is not limited to, computer access, data processing and data storage. A person convicted of burglary in the first degree shall receive a minimum sentence of 1 year at Level V. (d) Notwithstanding any provision of this section or Code to the contrary, where a person is convicted of burglary in the first degree pursuant to subsection (a) of this section and who either (1) is armed with explosives or a deadly weapon; or (2) causes physical injury to any person who is not a participant in the crime, burglary in the first degree is a class B felony. (3) That the rentee (lessee) presented identification to the rentor which was materially false, fictitious or not current with respect to name, address, place of employment or other appropriate items. Laws, c. 345, Read more about Third Degree Criminal Trespass. 824. (1) A person commits the crime of third degree criminal trespass if such person unlawfully enters or remains in or upon (2) Graffiti is a class A misdemeanor, unless the property damage caused thereby exceeds $1500, in which case it is a class G felony. Criminal trespass in the third degree is a violation. (2) If the property or computer services are unrecoverable, damaged or destroyed as a result of a violation of this subpart, the cost of reproducing or replacing the property or computer services at the time of the violation. (5) Telecommunication service provider. Transfer of recorded sounds; class G felony. (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. Laws, c. 345, Being an official in a sports contest, the person solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that the person will perform duties improperly. Improper labeling; class G felony. Laws, c. 260, (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. 3, 60 Del. 3, 77 Del. , Manufacture or assembly of unlawful telecommunications device. 8, 13, 68 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. 914. (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. 8, 74 Del. 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, 72 Del. Laws, c. 316, Securing execution of documents by deception; class A misdemeanor. 850. WebWhat is Criminal Trespass 2nd Degree? c. The communications transmission facilities and devices used to interconnect computational equipment, along with control mechanisms associated thereto. Other crime in committing burglary punishable. The minimum fine and community service hours shall be doubled for a second or subsequent conviction of an act of graffiti. 1, 68 Del. Laws, c. 34, a. Fraudulent conveyance of public lands is a class G felony. Laws, c. 478, 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. 913A. Issuing a false certificate is a class G felony. (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). Recorded sounds ; class e felony class e felony as either of the peace have... 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