(a) (1) Any person who knowingly operates the audiovisual recording function of any device in a motion picture theater while the motion picture is being exhibited, for the purpose of distributing or transmitting a still photographic image of the motion picture, without the consent of the motion picture theater owner, is guilty of a class B misdemeanor. Forgery in the second degree is a class G felony. Webcriminal trespass in the third degreethe hardy family acrobats 26th February 2023 / in was forest whitaker in batteries not included / by / in was forest whitaker in batteries not included / by 3-5, 67 Del. Laws, c. 590, 926. 2, 70 Del. (c) The sentencing provisions of this section apply to attempted robbery in the first degree as well as robbery in the first degree. (c) For the purposes of this section, personal identifying information includes name, address, birth date, Social Security number, drivers license number, telephone number, financial services account number, savings account number, checking account number, payment card number, identification document or false identification document, electronic identification number, educational record, health care record, financial record, credit record, employment record, e-mail address, computer system password, mothers maiden name or similar personal number, record or information. a. 6, 59 Del. 902. 907. 1, 68 Del. 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. 1, 2, 75 Del. 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. 852. (a) A videotape distributor may not wrongfully disclose an individual or summary listing of any videotapes purchased or rented by a protected individual from the videotape distributor. Video privacy protection. (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. 1, 2, 72 Del. 1, 70 Del. Bribe receiving is a class A misdemeanor. (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. b. (f) Fine. Laws, c. 211, Laws, c. 547, 1, 70 Del. 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. (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. Criminal trespass in the second degree. (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. 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. 252, Laws, c. 133, (a) A person is guilty of health-care fraud when the person knowingly: (1) Presents or causes to be presented any fraudulent health-care claim to any health-care benefit program; or. (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. A person is guilty of offering a false instrument for filing when, knowing that a written instrument contains a false statement or false information, and intending to defraud the State, a political subdivision thereof or another person, the person offers or presents it to a public office or a public servant with the knowledge or belief that it will be filed with, registered or recorded in or otherwise become a part of the records of the public office or public servant. 5, 73 Del. 83-91, 371, 78 Del. Burglary in the third degree is a class D felony. Prosecution under this section does not preclude prosecution under any other section of the Code. (a) A person is guilty of possession of shoplifters tools or instruments facilitating theft when the person possesses any tool, instrument or other thing adapted, designed or commonly used for committing or facilitating: (2) Offenses involving the overriding, disabling or evading of a security device without authorization. 6- 8, 83 Del. 2, 78 Del. (a) Any person who knowingly manufactures, uses, displays, advertises, distributes, offers for sale, sells or possesses with intent to sell or distribute any items or services bearing or identified by a counterfeit mark shall be guilty of the crime of trademark counterfeiting. 1, 65 Del. (a) A person is guilty of the computer crime of failure to promptly cease electronic communication upon request when that person intentionally, recklessly or negligently, fails to stop sending commercial electronic mail to any receiving address or account under the control of any authorized user of a computer system after being requested to do so. Cross or religious symbol burning; class A misdemeanor [Transferred]. For purposes of this subsection, related offenses shall include, but are not limited to, violations of 861, 900 and 903 of this title. (2) Payment was refused by the drawee upon presentation because the issuer had insufficient funds or credit, and the issuer failed to make good within 10 days after receiving notice of that refusal. Larceny of livestock; penalty. Forgery; class F felony; class G felony; class A misdemeanor; restitution required. (a) A person is guilty of money laundering when: (1) The person knowingly acquires or maintains an interest in, conceals, possesses, transfers, or transports the proceeds of criminal activity; or, (2) The person knowingly conducts, supervises, or facilitates a transaction involving the proceeds of criminal activity; or, (3) The person knowingly invests, expends, or receives, or offers to invest, expend, or receive the proceeds of criminal activity or funds that the person believes are the proceeds of criminal activity; or, (4) The person knowingly finances or invests or intends to finance or invest funds that the person believes are intended to further the commission of criminal activity; or. A person may be convicted both of home invasion burglary first degree and any of the underlying offenses designated in 826(b) of this title. 803. (4) That person uses or discloses any data which that person knows or believes was obtained in violation of paragraph (1) or (2) of this section. 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. Webcriminal trespass in the third degree keyword }} 25 de janeiro de 2023 how to add emoji to peloton profile. Carjacking in the first degree; class C felony; class B felony [Repealed]. Arson in the second degree; affirmative defense; class D felony. The penalty for graffiti shall include a minimum fine of not less than $1000 which shall not be subject to suspension, restitution for damages to the property and 250 hours of community service, at least 1/2 of which shall be served removing graffiti on public property. (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. 5, 74 Del. Webguilty of domestic violence in the third degree. Laws, c. 215, Prosecution and sentencing for money laundering shall not be deemed to preclude prosecution or sentencing under any other provision of this Code. 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) A person is guilty of criminal mischief when the person intentionally or recklessly: (1) Damages tangible property of another person; or, (2) Tampers with tangible property of another person so as to endanger person or property; or. (5) Fails to provide that persons own true name, or provides a false name, address or phone number of the business offering said home improvements. (c) Presumption. Laws, c. 248, 2, 3, 64 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. Failure to promptly cease electronic communication upon request. Criminal trespass in the third degree SECTION 140.05 Trespass Penal (PEN) CHAPTER 40, PART 3, TITLE I, ARTICLE 140 140.05. WebCriminal trespass in the third degree; classification. Criminal trespass in the third degree; a violation A person is guilty of criminal trespass in the third degree when the person knowingly enters or remains 1, 2, 77 Del. Laws, c. 133, (a) A person is guilty of theft of rental property if the person, with the intent specified in 841 of this title, takes, destroys, converts, wrongfully withholds or appropriates by fraud, deception, threat, false token, false representation or statement, or by any trick, contrivance or other device to avoid payment for or to otherwise appropriate rental property entrusted to said person. (a) A person is guilty of burglary in the second degree when the person knowingly enters or remains unlawfully in a dwelling with intent to commit a crime therein. (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. (2) A person shall be guilty of a class F felony if: a. Laws, c. 353, Reencoder and scanning devices. 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. Falsifying business records; defense. This section shall not apply to electronic mail that is sent between human beings, or when the individual has requested said information. Provides to end-users of electronic mail services the ability to send or receive electronic mail. Webdegree. Written instrument means any instrument or article containing written or printed matter or the equivalent thereof, used for the purpose of reciting, embodying, conveying or recording information or constituting a symbol or evidence of value, right, privilege or identification. Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Laws, c. 501, Prohibited offensive weapons. c. The violation involved 1,000 or more items bearing a counterfeit mark or the total retail value of all items or services bearing or identified by a counterfeit mark is $10,000 or more. Laws, c. 383, Web(1) A person is guilty of criminal trespass in the first degree if he or she knowingly enters or remains unlawfully in a building. (2) Where the total amount of pecuniary loss caused by the burning or exploding, when totaled for all victims, is $1,500 or more, such burning or exploding shall be a class G felony. 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. (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. Laws, c. 221, 6, 74 Del. 863. A person may be convicted of the crime which the person has in fact committed. 936. (h) Premises include the term building as defined in 222 of this title, and any real property. A set of related devices connected to a computer by communications facilities; b. 906. Laws, c. 290, 1, 68 Del. 3, 76 Del. (a) A person is guilty of theft of a motor vehicle when the person takes, exercises control over or obtains a motor vehicle of another person intending to deprive the other person of it or appropriate it. 3, 78 Del. 3, 66 Del. Computer crime in the second degree is a class E felony. Laws, c. 368, (6) Uses any instrument whatsoever, credit slips or chose in action to obtain any goods, wares or merchandise with intent to appropriate the same to the use of the person so taking or to deprive the owner of the use, the value or the possession thereof without paying to the owner the value thereof. 5, 67 Del. (a) A person is guilty of robbery in the second degree when, in the course of committing theft, the person uses or threatens the immediate use of force upon another person with intent to: (1) Prevent or overcome resistance to the taking of the property or to the retention thereof immediately after the taking; or. Improper labeling; class G felony. One who draws a check with intent that it be so delivered is deemed to have issued it if the delivery occurs. 1, 82 Del. (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. Defrauding secured creditors is a class A misdemeanor. A person is guilty of criminal impersonation, accident related, when after being in a motor vehicle accident involving serious physical injury or death to any person: (1) A driver knowingly pretends to have been someone other than the driver of the vehicle the person was operating; or. [If lesser-included offenses are included, the Court should instruct on those offenses at this point.] To conceal, or to assist another to conceal from any telecommunication service provider or from any lawful authority, the existence or place of origin or destination, or the originating and receiving telephone numbers, of any telecommunication under circumstances evincing an intent to use the same in the commission of any offense. Laws, c. 126, A person commits criminal trespass in the third degree by: 1. Fraud in insolvency is a class A misdemeanor. Unlawfully concealing a will is a class G felony. 935. To make, produce or assemble an unlawful access device or modify, alter, program or reprogram any instrument, device, machine, equipment, technology or software so that it is capable of defeating or circumventing any technology, device or software used by the provider, owner or licensee of a telecommunication service, or of any data, audio or video programs or transmissions, to protect any such telecommunication, data, audio or video services, programs or transmissions from unauthorized receipt, acquisition, access, decryption, disclosure, communication, transmission or retransmission, or to knowingly assist others in those activities. 861. Laws, c. 222, The violation of this section involves more than 50 unlawful telecommunication or access devices. 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. Laws, c. 216, 1, effective Sept. 16, 2019. The minimum fine shall also be doubled, and may not be suspended, for a first, second, or subsequent conviction of an act of graffiti which is performed on or along a Delaware byway, as defined in 101 of Title 17. Additional resources provided by the author Criminal Trespass of the 3rd Degree in AZ (h) Evidence. 1, 73 Del. Laws, c. 425, (2) Manufacture or assembly of unlawful telecommunications device. Laws, c. 35, (e) A person enters or remains unlawfully in or upon premises when the person is not licensed or privileged to do so. Web(e) For a felony of the third degree, by a term of imprisonment not exceeding 5 years. Laws, c. 260, 1, 61 Del. In any prosecution for unauthorized use of a payment card under 903(a)(4) of this title it is an affirmative defense that the accused had the intention and ability to meet all obligations to the issuer arising out of the use of the card. (b) The term audiovisual recording function means the capability of a device to record or transmit a motion picture or any part thereof by means of any technology now known or later developed. Theft; lost or mislaid property; mistaken delivery. 11, 81 Del. Definitions relating to subsection (d) of this section. Laws, c. 267, (2) Any person knowingly pretends to have been a driver of 1 of the vehicles involved in the accident. 22, 81 Del. Laws, c. 133, Tampering with public records in the second degree is a class A misdemeanor. 1, 75 Del. (a) 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 and with intent to use the information to commit or facilitate any crime set forth in this title. Webcriminal trespass in the third degree. , 58 Del. (e) Notwithstanding any provision of this section or Code to the contrary, any person convicted of home invasion burglary first degree as defined in subsection (b) of this section, shall receive a minimum sentence of 6 years at Level V. (f) The sentencing provisions applicable to this section apply to the attempted burglary in the first degree as well as attempted home invasion burglary in the first degree. 1, 73 Del. (c) A person possesses shoplifting tools or instruments facilitating theft under circumstances evincing an attempt to use or knowledge that some other person intends to use such when the person possesses the tools or instruments at a time and a place proximate to the commission or attempt to commit a shoplifting offense or otherwise under circumstances not manifestly appropriate for what lawful uses the tools or instruments may have. Laws, c. 46, 1, 74 Del. Laws, c. 211, Web511.080 Criminal trespass in the third degree. A public record, or an instrument filed or required to be filed in or with a public office or public servant. (c) A person may not be convicted of both theft and receiving stolen property, or both theft of a firearm and receiving a stolen firearm, with regard to property appropriated in the same transaction or series of transactions. Laws, c. 125, b. (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. b. (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. (b) For the purposes of this section, conduct occurring outside of the State shall be sufficient to constitute this offense if such conduct is within the terms of 204 of this title, or if the receiving address or account was under the control of any authorized user of a computer system who was located in Delaware at the time the authorized user received the electronic mail or communication and the defendant was aware of circumstances which rendered the presence of such authorized user in Delaware a reasonable possibility. (a) A person is guilty of arson in the third degree when the person recklessly damages a building by intentionally starting a fire or causing an explosion. New home construction fraud; class B felony; class D felony; class G felony; class A misdemeanor. 9, 60 Del. 1, 75 Del. 7, 70 Del. (c) Violation of this section is an unclassified misdemeanor. Laws, c. 260, Coin or currency of the United States or any other country; c. 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