(14) Private personal data means data concerning a natural person which a reasonable person would want to keep private and which is protectable under law. [Approved 8-21-15.] (a) A person is guilty of criminal impersonation of a member or veteran of the United States Armed Forces when he or she intentionally, and without lawful authority, impersonates or otherwise holds himself or herself out to be a veteran or member of the United States Armed Forces or to hold oneself out to have an unearned rank in the United States Armed Forces with the purpose of obtaining money, property, or other tangible benefit. Trespass. Arson in the third degree is a class G felony. 5, 67 Del. (c) The sentencing provisions of this section apply to attempted robbery in the first degree as well as robbery in the first degree. 1, 77 Del. (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. (f) The intent to commit a crime therein may be formed prior to the unlawful entry, be concurrent with the unlawful entry or such intent may be formed after the entry while the person remains unlawfully. A person commits theft when, with the intent prescribed in 841 of this title, the person obtains property of another person by intentionally creating or reinforcing a false impression as to a present or past fact, or by preventing the other person from acquiring information which would adversely affect the other persons judgment of a transaction. (c) (1) Except 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 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. 27, 67 Del. b. Laws, c. 106, Health-care benefit program also includes any individual or entity who is providing a medical benefit, equipment, medication or service for which payment may be made under a plan or contract for the provision of such benefits or services. (e) A person may be prosecuted and convicted under this section in such county or counties within Delaware where the money, goods, services, or anything of value giving rise to the prosecution were solicited, were received, or were attempted to be received, or where the charges for the money, goods, services, or anything of value were billable in the normal course of business. Any person convicted a second or subsequent time of ticket scalping shall be guilty of a class A misdemeanor. Unauthorized use of a vehicle is a class A misdemeanor. Defrauding secured creditors is a class A misdemeanor. Laws, c. 126, WebCriminal Trespass Third Degree The defendant is charged with criminal trespass in the third degree. 4, 65 Del. 9, 73 Del. Laws, c. 517, 914. 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. (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. Laws, c. 345, 11, 81 Del. The Superior Court shall have jurisdiction over any offense charged under this section. 1, 75 Del. 840. (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. (c) A person committing any of the crimes described in 932-938 of this title is guilty in the third degree when: (1) The damage to or the value of the property or computer services affected is $1,500 or more; or. Deceptive business practices are a class A misdemeanor. Tampering with public records in the second degree is a class A misdemeanor. Wage theft; class E felony. Laws, c. 211, Laws, c. 37, Theft, extortion; claim of right as an affirmative defense. (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). Laws, c. 216, (b) (1) A person is guilty of possession of graffiti implements when the person possesses any tool, instrument, article, substance, solution or other compound designed or commonly used to etch, paint, cover, draw upon or otherwise place a mark upon a piece of property which that person has no permission or authority to etch, paint, cover, draw upon or otherwise mark, under circumstances evidencing an intent to use the same in order to commit an act of graffiti or damage such property. For the purpose of this section, gain means the amount of money or the value of property or computer services or other consideration derived. WebCriminal trespass in the second degree. Arson in the second degree is a class D felony. (b) Any person who violates this section shall be guilty of ticket scalping. The minimum fine and community service hours shall be doubled for a second or subsequent conviction of possession of graffiti implements. 4, 71 Del. (8) Services include labor, professional service, transportation, telephone, gas, electricity or other public service, accommodation in hotels, restaurants or elsewhere, admission to exhibitions and use of vehicles or other movable property. 6, 60 Del. (h) Money laundering shall not be deemed to be a related or included offense of any other provision of this Code. (4) Engages in conduct which causes or creates a substantial risk of physical injury to another person. (5) Computer program means a set of instructions, statements or related data that, in actual or modified form, is capable of causing a computer or computer system to perform specified functions. (6) Unlawful access device. Laws, c. 240, 858. (1) A dwelling means a building which is usually occupied by a person lodging therein at night but shall not include a mobile home as defined in 7003(12) of Title 25. No Internet/interactive service provider shall be liable for merely transmitting an unsolicited, bulk commercial electronic mail message in its network. Manufacture, distribution or possession of master keys for motor vehicles. 1, 74 Del. Laws, c. 222, (4) The person offers, confers or agrees to confer any benefit upon an official in a sports contest, with intent to influence the official to perform duties improperly. (3) Funds that the person believes are the proceeds of criminal activity means any funds that are believed to be proceeds of criminal activity including funds that are not the proceeds of criminal activity. 1, 79 Del. 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. Laws, c. 126, Laws, c. 377, (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. Laws, c. 147, 1, 2, 75 Del. (b) In this section the following words or terms have the meanings indicated: a. (c) Violation of this section is an unclassified misdemeanor. 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. Trademark counterfeiting. (b) In any prosecution under this section it is an affirmative defense that no person other than the accused had a possessory or proprietary interest in the building. Definitions relating to carjacking [Repealed]. (h) Notwithstanding this section, the value of private personal data shall be deemed to be $500. (2) The rentees last known address if later furnished in writing by the rentee or the rentees agent. 1, 77 Del. (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. 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. Laws, c. 240, (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). Computer crime in the second degree is a class E felony. 1. repealed by 82 Del. e. As part of a final judgment or decree finding a violation of this section, order the remedial modification or destruction of any unlawful telecommunication or access device involved in the violation that is in the custody or control of the violator or has been impounded under subsection (b) of this section. S 140.25 Burglary in the second degree. Webcriminal trespass in the third degree keyword }} 25 de janeiro de 2023 how to add emoji to peloton profile. A person is guilty of tampering with public records in the first degree when, with intent to defraud, and knowing that the person does not have the authority of anyone entitled to grant it, the person knowingly removes, mutilates, destroys, conceals, makes a false entry in or falsely alters any record or other written instrument filed with, deposited in or otherwise constituting a record of a public office or public servant. (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. Laws, c. 133, Use Notes Upon a claim of common-law marriage, it may be necessary to provide further instruction. (f) Fine. Laws, c. 353, In the story above, the Trespassing charge given to the man would depend on his reason for being in the building, and whether it could be proven he had an intent to commit another crime while there. A person may be convicted both of burglary and of the offense which it was the purpose of the persons unlawful entry to commit or for an attempt to commit that offense. In making a decision for acceptance or rejection, a law-enforcement agency or creditor may consider the surrounding circumstances and available information regarding the offense of identity theft pertaining to the victim. b. b. Laws, c. 133, (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. 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. (e) As used in this section, the following definitions apply: (1) Reencoder means an electronic device that places encoded information from the computer chip or magnetic strip or stripe of a payment card onto the computer chip or magnetic strip or stripe of a different payment card or any electronic medium that allows an authorized transaction to occur. Extortion; class E felony. Theft of property from a cemetery. (b) A person is guilty of unlawful use of a payment card where such person knowingly: (1) Makes, possesses, sells, gives or otherwise transfers to another, or offers or advertises a payment card with the intent that it be used or with the knowledge or reason to believe that it will be used to obtain money, goods, services, or anything of value without payment of the lawful charges therefor or without authorization of the card holder; or. 852A. (4) If the written instrument is or purports to be provided to an individual by a vaccine provider documenting that an individual has been vaccinated, which bears a government logo or other indication that the written instrument is created by a governmental instrumentality and includes information such as the date an individual received a vaccination and the type of vaccine and lot number, forgery is classified and punished as follows: a. Issuing a false certificate is a class G felony. Theft; lost or mislaid property; mistaken delivery. 872. (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. (8) Restitution. 907. . (4) Health-care provider means any health-care professional, an owner or operator of a health-care practice or facility, any person who creates the impression that the person or the persons practice or facility can provide health-care services, or any person employed or acting on behalf of any of the aforementioned persons. (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. Laws, c. 400, Laws, c. 98, Laws, c. 147, (c) Violation of this section shall constitute a class G felony. The instructions are, of course, based on statutory provisions and prevailing case law. (d) Robbery in the second degree is a class D felony when, in the course of committing an offense under subsection (a) of this section, the person takes possession of a motor vehicle, and while in possession or control of such vehicle, the person does any of the following: (1) Commits or attempts to commit a class D or greater felony. Laws, c. 130, Web(2) Except as provided in paragraph (1) (v), an offense under this subsection constitutes a misdemeanor of the third degree if the offender defies an order to leave personally communicated to him by the owner of the premises or other authorized person. 1, 73 Del. Unlawful operation of a recording device. 2, 75 Del. Criminal trespass in the first degree is a class A misdemeanor. 911. (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. 83-91, 371, 78 Del. 3, 60 Del. Laws, c. 215, 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. , 58 Del. (d) A conviction is not required for an act of presenting or causing presentation of a fraudulent health-care claim to be used in prosecution of a matter under this section, including an act used as proof of a pattern as defined in paragraph (b)(3) of this section. 849. Laws, c. 482, 841. 1, 76 Del. (2) All implements, devices, materials, and equipment used or intended to be used in the manufacture of the recordings on which the conviction is based. WebThird Degree Criminal Trespass, C.R.S. A property owner may be able to sue someone who enters their land The Court shall have jurisdiction of all questions arising in such proceedings and may make such orders and judgments therein as may be required. 933. (g) Night means a period between 30 minutes after sunset and 30 minutes before sunrise. (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. To convict, the State must prove beyond a reasonable doubt each of the following elements: Vehicle prowling in the first degree. Laws, c. 297, (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. (4) A person who has been convicted of a designated misdemeanor may be sentenced as follows: (a) For a misdemeanor of the first degree, by a definite term of imprisonment not exceeding 1 In such case, the court shall make a finding as to the amount of the defendants gain from the offense and, if the record does not contain sufficient evidence to support such a finding, the court may conduct a hearing upon the issue. Use of consumer identification information. 1, 79 Del. 1, 59 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. [If lesser-included offenses are included, the Court should instruct on those offenses at this point.] Burglary in the third degree is a class D felony. A person may be convicted of the crime which the person has in fact committed. (a) A person in possession of a blank prescription form or pad who is not a practitioner as defined in this section shall be guilty of a class G felony. 803. (c) When theft or any related offense is committed in violation of this title pursuant to 1 scheme or continuous course of conduct, whether from the same or several sources, the conduct may be considered as 1 offense and the value of the property or services aggregated in determining whether the theft is a felony or misdemeanor. (d) A person committing any of the crimes described in 932-938 of this title is guilty in the fourth degree when the damage to or the value of the property or computer services, if any, is under $1,500. (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. Webcriminal trespass in the third degree. (1) Fraudulent health-care claim means any statement, whether written, oral or in any other form, which is made as part of or in support of a claim or request for payment from any health-care benefit program when such statement knowingly contains false, incomplete or misleading information concerning any fact or thing material to such claim. A person commits criminal trespass in the third degree by: 14, 15, 77 Del. 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. 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 Laws, c. 221, 10, 79 Del. 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. (i) Security device includes any lock, whether mechanical or electronic; or any warning device designed to alert a person or the general public of a possible attempt to gain unlawful entry into or upon premises or a possible attempt to unlock, bypass or otherwise disable a lock. (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. 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. Laws, c. 497, Offering a false instrument for filing; class A misdemeanor. 850. 1, 2, 63 Del. (9) Forfeiture of unlawful telecommunication or access devices. Upon the complaining partys election of such damages at any time before final judgment is entered, the complaining party may recover the actual damages suffered by the complaining party as a result of the violation of this section and any profits of the violator that are attributable to the violation and are not taken into account in computing the actual damages. (c) Venue. Laws, c. 237, Grant preliminary and final injunctions to prevent or restrain violations of this section; b. Laws, c. 475, 1, 61 Del. Criminal trespass in the second degree is an unclassified misdemeanor. (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. 907B. (c) For the purposes of this section, statement includes, but is not limited to, a police report, any notice, statement, proof of loss, bill of lading, receipt for payment, invoice, account, estimate of property damages, bill for services, diagnosis, prescription, hospital or doctor records, X rays, test result or other evidence of loss, injury or expense; insurer shall include, but is not limited to, a health service corporation or health maintenance organization; and insurance policy shall include, but is not limited to, the subscriber and members contracts of health service corporations and health maintenance organizations. , the value of private personal data shall be guilty of a class a misdemeanor doubt each the. Fact committed indicated: a to prevent or restrain violations of this Code, 2, 75.... Risk of physical injury to another person to convict, the State prove. Service provider shall be deemed to be a related or included offense of any provision. 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