12, 60 Del. Conditional discharge for issuing a bad check as first offense. (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. WebA person commits the crime of Third-Degree Criminal Trespass if such person unlawfully enters or remains in or upon premises of another. 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. (c) The sentencing provisions of this section apply to attempted robbery in the first degree as well as robbery in the first degree. 4, 70 Del. [Approved 8-21-15.] Laws, c. 248, Plans or instructions for the manufacture or assembly of an unlawful telecommunication or access or device under circumstances evincing an intent to use or employ the unlawful telecommunication access device, or to allow the unlawful telecommunication or access device to be used, for a purpose prohibited by this section, or knowing or having reason to believe that the unlawful telecommunication or access device is intended to be so used, or that the plan or instruction is intended to be used for the manufacture of assembly of the unlawful telecommunication or access device; or. WebBURGLARY AND CRIMINAL TRESPASS Sec.A30.01.AADEFINITIONS. b. Laws, c. 134, A deed, will, codicil, contract, release, assignment, commercial instrument, check, or other instrument which does or may evidence, create, transfer, terminate, or otherwise affect a legal right, interest, obligation, or status. 1, 72 Del. 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 Unauthorized use of a vehicle; class A misdemeanor. 10, 11, 76 Del. (b) All insurance claims forms shall contain a statement that clearly states in substance the following: Any person who knowingly, and with intent to injure, defraud or deceive any insurer, files a statement of claim containing any false, incomplete or misleading information is guilty of a felony.. .050 Possession of burglar's tools. 1, 78 Del. Any federal or state certificate of registration of any intellectual property shall be prima facie evidence of the facts stated therein. This subpart shall neither enlarge nor diminish the rights of parties in civil litigation. For the purpose of this section, gain means the amount of money or the value of property or computer services or other consideration derived. 1, 70 Del. For purposes of this subsection, related offenses shall include, but are not limited to, violations of 861, 900 and 903 of this title. 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. 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. Intellectual property affixed to any item knowingly sold, offered for sale, manufactured or distributed or identifying services offered or rendered, without the authority of the owner of the intellectual property. A set of related devices connected to a computer by communications facilities; b. A person is guilty of criminal trespass in the third degree when the person knowingly enters or remains unlawfully upon real property. 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. (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. 902. 825. Any person convicted under this section shall be fined not less than $5,000 or an amount up to 3 times the retail value of the items or services bearing or identified by a counterfeit mark, whichever is greater, unless extenuating circumstances are shown by the defendant. Fraud in insolvency; class A misdemeanor. Additional resources provided by the author Arizona Criminal Trespass in the 3rd A person who has filed with a law-enforcement agency a police report alleging identity theft may apply for an identity theft passport through any law-enforcement agency. 1, 72 Del. 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. (8) Restitution. A property owner may be able to sue someone who enters their land 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 housing project, or even a rail yard. 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 861. (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. 877. (b) A person is guilty of theft of a blank prescription form or pad when the person is not a practitioner as defined in this section and takes, exercises control over, obtains or receives, produces or reproduces any facsimile or counterfeit version of, or transfers, uses, gives, or sells any copies, facsimiles or counterfeit versions, a prescription form or pad of a practitioner with the intent to deprive the practitioner of the use thereof or to facilitate the commission of drug diversion. (b) Any person who violates this section shall be guilty of ticket scalping. What Is The Difference Between DUI And DWAI? 908. c. The conduct constitutes a pattern of presenting or causing to be presented fraudulent health-care claims. (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. New home construction fraud; class B felony; class D felony; class G felony; class A misdemeanor. Laws, c. 133, Criminal trespass in the third degree is a violation. Laws, c. 350, b. This section shall not apply to those situations involving debt adjusting incurred incidentally in the lawful practice of law in this State, nor shall anything in this section be construed to apply to any provider which is licensed under Chapter 24A of Title 6. The violation of this section involves at least 10, but not more than 50, unlawful telecommunication or access devices. One who draws a check with intent that it be so delivered is deemed to have issued it if the delivery occurs. To make, produce or assemble an unlawful telecommunication device or to modify, alter, program or reprogram a telecommunication device to be capable of acquiring, disrupting, receiving, transmitting, decrypting or facilitating the acquisition, disruption, receipt, transmission or decryption of a telecommunication service without the express consent or express authorization of the telecommunication service provider, or to knowingly assist others in those activities. 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) Where a victim is 62 years of age or older, or an adult who is impaired as defined in 3902(2) of Title 31, or a person with a disability as defined in 3901(a)(2) of Title 12, theft is a class G felony unless the value of the property received, retained or disposed of is $1,500 or more, in which case it is a class F felony. Laws, c. 377, Laws, c. 260, 2, 3, 64 Del. Laws, c. 260, 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. (d) Violation of this section is an unclassified misdemeanor. Other crime in committing burglary punishable. (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. Misapplication of property; class G felony; class A misdemeanor. 2, 74 Del. Laws, c. 211, 7, 75 Del. The offender is a health-care provider at the time of the offense or offenses; or. Possession of forgery devices is a class G felony. (c) For purposes of this section the word ticket shall mean any admittance, receipt, entrance ticket or other evidence of a right to be admitted to an event or exhibit. Theft: Organized retail crime; class A misdemeanor; class E felony. 1, 77 Del. (g) For the purposes of this subpart, the value of property or computer services shall be: (1) The market value of the property or computer services at the time of the violation; or. (b) The defendant may be found guilty of theft if the defendants conduct falls within any of the sections defining theft. When the value of the property or computer services or damage thereto cannot be satisfactorily ascertained, the value shall be deemed to be $250. 2, 64 Del. (b) Violation of this section shall constitute a class A misdemeanor. A pharmacy, hospital or other institution 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. 6, 60 Del. 7, 70 Del. (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. (h) Money laundering shall not be deemed to be a related or included offense of any other provision of this Code. (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. (3) Computer means a programmable, electronic device capable of accepting and processing data. (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) 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. (c) Nothing in this section shall preclude a separate charge, conviction or sentence for any other crime. 813. Bribe receiving is a class A misdemeanor. 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). Laws, c. 203, Criminal trespass in the third degree is a violation. 9, 74 Del. Definitions relating to subsection (d) of this section. 140.10 Criminal trespass in the third degree. , Manufacture or assembly of any unlawful access device. Laws, c. 68, Tampering with public records in the first degree is a class E felony. 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(c) Falsifying business records is a class A misdemeanor. Damages awarded by a court under this section shall be computed as either of the following: a. Laws, c. 423, (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. Arson in the third degree is a class G felony. 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. 1, 73 Del. (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. 5, 78 Del. (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. WebCriminal trespass in the third degree. 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. 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. 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