criminal trespass in the third degree

6, 70 Del. Theft includes the acts described in this section, as well as those described in 841A-846 of this title. Criminal trespass in the first degree; class A misdemeanor. (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. 1, 76 Del. (3) Notwithstanding paragraphs (d)(1) and (2) of this section: a. (c) A person who has obtained services from a public utility by installing, rearranging or tampering with any facility or equipment owned or used by the public utility to provide such services, or by any other trick or contrivance, is presumed to have done so with an intent to avoid, or to enable others to avoid, payment for the services involved. Laws, c. 134, Trespass. (b) In any prosecution for any violation of 932-938 of this title based upon more than 1 act in violation thereof, the offense shall be deemed to have been committed in any of the places at which any of the acts occurred or in which a computer system or part thereof involved in a violation was located. (e) A person enters or remains unlawfully in or upon premises when the person is not licensed or privileged to do so. A person is guilty of trespassing with intent to peer or peep into a window or door of another when the person knowingly enters upon the occupied property or premises of another utilized as a dwelling, with intent to peer or peep into the window or door of such property or premises and who, while on such property or premises, otherwise acts in a manner commonly referred to as Peeping Tom. Any person violating this section may be referred by the court to the Delaware Psychiatric Center for examination and for treatment. 832. WebA person commits the crime of Third-Degree Criminal Trespass if such person unlawfully enters or remains in or upon premises of another. (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. 21, 70 Del. Defrauding secured creditors is a class A misdemeanor. That the defendant, 2. in the State of Colorado, at or about the date and place charged, 3. unlawfully entered or remained in or upon any premises. (9) Data means information of any kind in any form, including computer software. Laws, c. 341, Misapplication of property is a class A misdemeanor, unless the value of the property received, retained or disposed of is $1,500 or more, in which case it is a class G felony. Burglary in the third degree is a class F felony. (1) Any broadcaster who, in connection with or as part of a radio, television or cable broadcast transmission, or for the purpose of archival preservation, transfers any such sounds recorded on a sound recording; (2) Any person who transfers such sounds in the home, for personal use, and without compensation for such transfer; (3) Any phonograph record, disc, wire, tape, film or other article upon which sound is recorded where a period of 50 years has transpired since the original fixation of sounds thereon was made by the owner or on the owners behalf. (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. 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. Transferred to 1306 of this title by 83 Del. (e) Definitions. Laws, c. 260, 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. (a) For purposes of this section, medical record means a record that pertains to a persons medical history, evaluations, tests, diagnoses, prognoses, laboratory reports, medical imaging, treatments, prescriptions, or any other information used in assessing a persons physical, mental, or emotional condition. 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. (c) (1) Except where the victim of any violation of this section is a person 62 years of age or older, unlawful use of a payment card is a class A misdemeanor unless the value of the money, goods, services, or anything of value secured or sought to be secured by means of the payment card is $1,500 or more, in which case it is a class G felony. Fraudulent receipt of public lands is a class G felony. 1, 2, 77 Del. 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. (a) No person shall advertise or offer for sale or resale, or sell or resell, or possess for such purposes, any phonograph record, disc, wire, tape, film or other article on which sounds are recorded, unless the cover, box, jacket, or label clearly and conspicuously discloses the actual name and address of the manufacturer thereof, and the name of the actual performer or group. (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. Laws, c. 98, (1) A person commits the crime of third degree criminal trespass if such person unlawfully enters or remains in or upon premises of another. 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. b. 938. (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. Laws, c. 478, Laws, c. 221, Laws, c. 501, 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. (e) The Office of the Attorney General shall adopt regulations to implement this section. then the finder of fact shall be permitted, but not required, to presume intent to commit theft. Laws, c. 547, (a) A person is guilty of forgery when, intending to defraud, deceive or injure another person, or knowing that the person is facilitating a fraud or injury to be perpetrated by anyone, the person: (1) Alters any written instrument of another person without the other persons authority; or, (2) Makes, completes, executes, authenticates, issues or transfers any written instrument which purports to be the act of another person, whether real or fictitious, who did not authorize that act, or to have been executed at a time or place or in a numbered sequence other than was in fact the case or to be a copy of an original when no original existed; or. 856. A person commits the crime of criminal trespass in the third degree if 926. The receiver shall also have the power to sell, convey and assign all of the foregoing and hold and dispose of the proceeds thereof under the direction of the Court. Forgery in the first degree is a class F felony. 1, 71 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. 14, 15, 77 Del. Laws, c. 316, Manufacture, distribution or possession of master keys for motor vehicles. Reckless burning or exploding; class A misdemeanor. (16) Originating address or originating account means the string used to specify the source of any electronic mail message (e.g. Laws, c. 37, (a) Any aggrieved person who has reason to believe that any other person has been engaged, is engaged or is about to engage in an alleged violation of any provision of 932-938 or 9616A of this title may bring an action against such person and may apply to the Court of Chancery for: (1) An order temporarily or permanently restraining and enjoining the commencement or continuance of such act or acts; (3) An order directing the appointment of a receiver. Laws, c. 93, 6, 70 Del. 912. 1, 78 Del. , Forfeiture of unlawful telecommunication or access devices. 2, 75 Del. 7, 68 Del. (3) Retail value means the counterfeiters regular selling price for the item or service bearing or identified by the counterfeit mark. 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. 1, 61 Del. 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. (a) A person is guilty of possession of burglars tools or instruments facilitating theft when, under circumstances evidencing an intent to use or knowledge that some other person intends to use the same in the commission of an offense of such character, the person possesses any tool, instrument, or other thing adapted, designed, or commonly used for committing or facilitating: (1) Offenses involving unlawful entry into or upon premises. 907B. (2) Manufacture or assembly of unlawful telecommunications device. Definition of issues and passes.. 1, 61 Del. (3) When a person sells, gives or otherwise distributes or possesses with the intent to sell, give or distribute software which: a. 5, 67 Del. 846. Laws, c. 150, 812. 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 (b) A victim of identity theft may present that victims identity theft passport issued under subsection (a) of this section to the following: (1) A law-enforcement agency to help prevent the victims arrest or detention for an offense committed by someone other than the victim who is using the victims identity; (2) Any of the victims creditors to aid in a creditors investigation and establishment of whether fraudulent charges were made against accounts in the victims name or whether accounts were opened using the victims identity; (3) A consumer reporting agency, as defined in 603(f) of the federal Fair Credit Reporting Act (15 U.S.C. After processing the application and police report, the Office of the Attorney General may issue to the victim an identity theft passport in the form of a card or certificate which may include photo identification. 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. (d) A merchant, a store supervisor, agent or employee of the merchant 18 years of age or older who detains, or a merchant, a store supervisor, agent or employee of the merchant who causes or provides information leading to the arrest of any person under subsection (a), (b) or (c) of this section, shall not be held civilly or criminally liable for such detention or arrest provided they had, at the time of such detention or arrest, probable cause to believe that the person committed the crime of shoplifting as defined in subsection (a) of this section. 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. WebA person commits the crime of Third-Degree Criminal Trespass if such person unlawfully enters or remains in or upon premises of another. Criminal impersonation, accident related, is a class G felony. c. Any person or entity providing any telecommunication service directly or indirectly by or through any such distribution systems, networks or facilities. 858. (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. (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. A person is guilty of unlawfully concealing a will when, with intent to defraud, the person conceals, secretes, suppresses, mutilates or destroys a will, codicil or other testamentary instrument. Laws, c. 203, Laws, c. 129, WebBurglary Third Degree (Dwelling) The defendant is charged with burglary in the third degree. Laws, c. 497, (3) Structures or assists in structuring, or attempts to structure or assist in structuring, any transaction with one or more financial institutions, including a video lottery facility, foreign or domestic money transmitters or an authorized delegate thereof, check cashers, persons engaged in a trade or business or any other individuals or entities required by state or federal law to file a report regarding currency transactions or suspicious transactions. 860. Laws, c. 252, 6, 74 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. (e) A motion picture theater owner, a supervisor, agent or employee, 18 years of age or older who detains a person pursuant to subsection (d) of this section, or who causes or provides information leading to the arrest of any person under subsection (a) of this section, shall not be held civilly or criminally liable for such detention or arrest provided they had, at the time of such detention or arrest, probable cause to believe that the person committed a crime defined in subsection (a) of this section. (a) No person shall knowingly transfer or cause to be transferred, directly or indirectly by any means, any sounds recorded on a phonograph record, disc, wire, tape, film or other article upon which sounds are recorded, with the intent to sell or cause to be sold, or to use for profit through public performance, or to use to promote the sale of any product, such article on which sounds are so transferred, without consent of the owner; provided, that such owner is domiciled or has its principal place of business in a country which is a signatory to the Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of their Phonograms (executed on October 29, 1971, Geneva). 854A. As used in this section, the following words and phrases shall have the meanings given to them in this subsection: a. 1, 67 Del. (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. Theft; class B felony; class D felony; class F felony; class G felony; class A misdemeanor; restitution. 908.1. (h) Notwithstanding this section, the value of private personal data shall be deemed to be $500. (b) Knowledge of the specific nature of the criminal activity giving rise to the proceeds is not required to establish a culpable mental state under this section. 916. Arson in the second degree; affirmative defense; class D felony. 5, 65 Del. Tampering with public records in the first degree; class E felony. (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. (7) Unlawful telecommunication device. 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. (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. 891. (e) For the purpose of calculating the amount of the loss to the home buyer, the loss shall be deemed to be the lesser of the total of all payments actually made by the home buyer or the cost to the home buyer to complete the new home construction according to the terms of the original new home construction contract, whether or not said new home is actually completed. Possession of forgery devices; class G felony. Laws, c. 497, (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. Bribe receiving; class A misdemeanor. (3) Pretends to be a public servant, or wears or displays without authority any identification, uniform or badge by which a public servant is lawfully distinguished or identified. (g) No civil action under this section may be brought but within 3 years from the date the alleged violation of 932-938 or 9616A of this title is discovered or should have been discovered by the exercise of reasonable diligence. 3, 79 Del. Web(e) For a felony of the third degree, by a term of imprisonment not exceeding 5 years. (3) Tampers or makes connection with tangible property of a gas, electric, steam or waterworks corporation, telegraph or telephone corporation or other public utility, except that in any prosecution under this subsection it is an affirmative defense that the accused engaged in the conduct charged to constitute an offense for a lawful purpose. (4) 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. Of another 252, 6, 70 Del such person unlawfully enters or remains in or upon premises when person! ) and ( 2 ) Manufacture or assembly of unlawful telecommunications device D ) ( 1 ) and 2! May be referred by the counterfeit mark tampering with public records in first... Any telecommunication service directly or indirectly by or through any such distribution systems, or! As used in this section may be referred by the counterfeit mark passes.. 1 61. 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