criminal trespass in the third degreecriminal trespass in the third degree

Is an intermediary in sending and receiving electronic mail; and. Laws, c. 133, 1, 2, 72 Del. Laws, c. 31, b. a. (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. 1, 74 Del. 4, 74 Del. 6, 70 Del. (b) In any prosecution for receiving stolen property or receiving a stolen firearm, it is no defense that the accused is in fact guilty of theft or theft of a firearm. 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. (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. (7) Computer software means 1 or more computer programs, existing in any form, or any associated operational procedures, manuals or other documentation. 1, 73 Del. (f) Amounts included in violations of this subpart committed pursuant to 1 scheme or course of conduct, whether from the same person or several persons, may be aggregated in determining the degree of the crime. 1, 73 Del. Laws, c. 426, (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. 811. Laws, c. 611, Web(a) A person in lawful possession of land or tangible, movable property is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to prevent or terminate the other's trespass on the land or unlawful interference with the property. (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. 97, For the unauthorized acquisition or theft of any telecommunication service or to receive, disrupt, transmit, decrypt, acquire or facilitate the receipt, disruption, transmission, decryption or acquisition of any telecommunication service without the express consent or express authorization of the telecommunication service provider; or. 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 1, 73 Del. Computer crime in the first degree is a class D felony. Falsifying business records; defense. Forgery and related offenses; definition. (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. Laws, c. 37, 1, 61 Del. (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. Use Notes Upon a claim of common-law marriage, it may be necessary to provide further instruction. Theft and related offenses; definitions. Laws, c. 475, A. (h) Notwithstanding this section, the value of private personal data shall be deemed to be $500. Laws, c. 420, (a) In any prosecution for any violation of 932-938 of this title, the offense shall be deemed to have been committed in the place at which the act occurred or in which the computer system or part thereof involved in the violation was located. (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. Any telecommunication device which is capable of, or has been altered, designed, modified, programmed or reprogrammed, alone or in conjunction with another telecommunication device, so as to be capable of facilitating the disruption, acquisition, receipt, transmission or decryption of a telecommunication service without the express consent or express authorization of the telecommunication service provider, including, but not limited to, any device, technology, product, service, equipment, computer software, or component or part thereof, primarily distributed, sold, designed, assembled, manufactured, modified, programmed, reprogrammed or used for the purpose of providing the unauthorized receipt of, transmission of, disruption of, decryption of, access to, or acquisition of any telecommunication service provided by any telecommunication service provider. (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) (1) A person is guilty of the act of graffiti when the person intentionally, knowingly or recklessly draws, paints, etches or makes any significant mark or inscription upon any public or private, real or personal property of another without the permission of the owner. Home improvement fraud; class B felony; class D felony; class F felony; class G felony, class A misdemeanor. The individual described by any information the wrongful disclosure of which is prohibited under this section; or. Robbery in the first degree; class B felony. Receiving stolen property; presumption of knowledge. Where the value of the property received, retained or disposed of is more than $50,000 but less than $100,000, theft is a class D felony; b. 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Avvo has 97% of all lawyers in the US. A person is guilty of criminal trespass in the second degree if he or she knowingly enters or remains unlawfully in or upon the premises of another under circumstances not constituting criminal trespass in the first degree. SMC 12A.08.040.B.1 (Emphasis added). Burglary in the third degree is a class D felony. Laws, c. 497, A physician, dentist, veterinarian, scientific investigator or other person licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a controlled or noncontrolled substance in the course of professional practice or research in this State. (c) For new home construction fraud under this section, it shall be prima facie evidence of the intent specified in 841 of this title that the new home contractor: (1) Has been previously convicted under this section, 916 of this title, or 3505 of Title 6 within 10 years of the first payment under the new home construction contract in question; or. Use Notes Upon a claim of common-law marriage, it may be necessary to provide further instruction. 901. Security device specifically includes, but is not limited to, any electronic or other device that is attached or affixed to any goods, wares or merchandise on display for sale in a mercantile establishment. Criminal trespass in the first degree. 913A. Webcriminal trespass in the third degree. i was walking near railroad tracks with friends and then a cop saw us and stopped us. Laws, c. 590, c. A written instrument officially issued or created by a public office, public servant, or governmental instrumentality. 1, 80 Del. . Definitions relating to criminal trespass, burglary and home invasion. (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. 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. (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 person is guilty of criminal trespass in the third degree when he knowingly enters or remains unlawfully in a building or upon 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. (3) Health-care fraud is a class B felony if the elements of subsection (a) of this section are met and if: a. 938. , 58 Del. 7, 68 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. 840A. 852A. 6, 60 Del. (c) Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. Possession of shoplifters tools or instruments facilitating theft; class F felony. 1, 75 Del. 891. Laws, c. 126, Laws, c. 203, (a) Issues. A person issues a check when, as drawer thereof or as a person who signs a check as drawer in a representative capacity or as agent of the person whose name appears thereon as the principal drawer or obligor, the person delivers it or causes it to be delivered to a person who thereby acquires a right against the drawer with respect to the check. 892. Conditional discharge for issuing a bad check as first offense. (2) A person shall be guilty of a class F felony if: a. c. Any person or entity providing any telecommunication service directly or indirectly by or through any such distribution systems, networks or facilities. (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. 908.1. 914. 1, 77 Del. The violation involved the manufacture or production of items bearing counterfeit marks; or. [and the premises have been classified by the (c) Acceptance or rejection of an identity theft passport presented by the victim to a law-enforcement agency or creditor pursuant to paragraph (b)(1) or (2) of this section is at the discretion of the law-enforcement agency or creditor. Laws, c. 251, According to ARS 13-1502, third degree criminal trespass is considered to be a class 3 misdemeanor. (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. 907. b. Laws, c. 497, 1, 70 Del. 1, 76 Del. Securing execution of documents by deception; class A misdemeanor. 876. Justices of the peace shall have concurrent jurisdiction of violations of this section. 8, 66 Del. (2) The person makes or possesses any device, apparatus, equipment or article capable of or adaptable to use for purposes of forgery, intending to use it unlawfully. 4, 70 Del. (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. Laws, c. 477, 3, effective Oct. 21, 2022. The Court shall have jurisdiction of all questions arising in such proceedings and may make such orders and judgments therein as may be required. (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. (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. (2) Third degree criminal trespass is a petty offense, butit is a class 5 felony if the person trespasses on premises so classified as agricultural land with the intent to commit a felony thereon. (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. Laws, c. 410, (c) (1) Except as provided in paragraphs (2) and (3) of this subsection, health-care fraud 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. Laws, c. 345, may result in the refusal of a law-enforcement agency to investigate violations of subsection (a) of this section. 1, 83 Del. (d) The rebuttable presumptions referred to in subsections (b) and (c) of this section shall not apply to any person to whom such services have been furnished for less than 31 days or until there has been at least 1 meter reading. 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. 925. (b) Any person who violates this section shall be guilty of ticket scalping. a. Laws, c. 133, 22, 81 Del. S 140.20 Burglary in the third degree. Laws, c. 209, 6- 8, 83 Del. Part of an issue of money, stamps, securities or other valuable instruments issued by a government or a governmental instrumentality; or. Laws, c. 482, (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. Larceny of livestock; penalty. Laws, c. 227, 1, 70 Del. Criminal impersonation is a class A misdemeanor. (b) This section applies only to receipts that are electronically printed and does not apply to transactions in which the sole means of recording the credit or debit card number is by handwriting or by an imprint or copy of the credit or debit card. Any type of instrument, device, machine, equipment, technology or software which is primarily designed, assembled, manufactured, sold, distributed, possessed, used or offered, promoted or advertised for the purpose of defeating or circumventing any technology, device or software, or any component or part thereof, used by the provider, owner or licensee of any 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. (4) Obtain means to bring about or receive a transfer or purported transfer of any interest in property, whether to the defendant or to another person. 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