criminal trespass in the third degree

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. Carjacking in the second degree; class E felony; class D felony [Repealed]. (13) Person means a natural person, corporation, trust, partnership, incorporated or unincorporated association and any other legal or governmental entity, including any state or municipal entity or public official. Debt adjusting; class B misdemeanor. (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. Laws, c. 221, Laws, c. 60, 5311 et seq. 856. No Internet/interactive service provider shall be liable for merely transmitting an unsolicited, bulk commercial electronic mail message in its network. (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. Charged With A Crime? Criminal trespass in the second degree; unclassified misdemeanor. (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. 1, 2, 72 Del. (c) For purposes of this section, the following definitions shall apply: (1) Criminal activity means any offense that is a crime under the Laws of Delaware, another state, or the United States. Any type of instrument, device, machine, equipment, technology or software which is capable of transmitting, acquiring, decrypting or receiving any telephonic, electronic, data, Internet access, audio, video, microwave or radio transmissions, signals, communications or services, including the receipt, acquisition, transmission or decryption of all such communications, transmissions, signals or services provided by or through any cable television, fiber optic, telephone, satellite, microwave, data transmission, radio, Internet-based or wireless distribution network, system or facility, or any part, accessory or components thereof, including any computer circuit, security module, smart card, software, computer chip, electronic mechanism or other component, accessory or part of any telecommunication device which is capable of facilitating the transmission, decryption, acquisition or reception of all such communications, transmissions, signals or services. 909. Upon conviction of a defendant under this section, the court may, in addition to any other sentence authorized by law, direct that the defendant forfeit any unlawful telecommunication or access devices in the defendants possession or control which were involved in the violation for which the defendant was convicted. (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. What Is The Difference Between DUI And DWAI? Laws, c. 133, (2) 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 G felony, unless the loss to the person who purchased the home improvement is $1500 or more, in which case it is a class F felony. Laws, c. 133, 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. (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. 831. (b) A person committing any of the crimes described in 932-938 of this title is guilty in the second degree when the damage to or the value of the property or computer services affected exceeds $5,000. Theft and related offenses; definitions. Laws, c. 130, (a) Burglars tool or instruments includes the term bump key which is a type of key used for a specific lock picking technique called lock bumping. 3, 77 Del. 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. (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. The penalty for possession of graffiti implements shall include a minimum fine of not less than $500 which shall not be subject to suspension, restitution for damages to the property and 100 hours of community service, at least 1/2 of which shall be served removing graffiti on public property. The defendant has been convicted previously under this section or convicted of any similar crime in this or any Federal or other state jurisdiction; or. Laws, c. 275, Knowledge that property has been acquired under circumstances amounting to theft may be presumed in the case of a person who acquires it for a consideration which the person knows is substantially below its reasonable value, or that a person possesses property whose affixed identification or serial number is altered, removed, defaced or falsified. 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. Examples of the Crime There are many different examples of criminal trespass in the third degree. (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. b. 2, 78 Del. Reencoder and scanning devices. (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. 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. Criminal trespass in the third degree; a violation. (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. 934. Laws, c. 252, 1-3, 63 Del. The intended loss to the health-care benefit program is $100,000 or more; or. c. The conduct constitutes a pattern of presenting or causing to be presented fraudulent health-care claims. (c) (1) Except as provided in paragraphs (2) and (3) of this subsection, health-care fraud is a class G felony. 1, 2, 63 Del. Use Notes Upon a claim of common-law marriage, it may be necessary to provide further instruction. (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. (6) Computer services includes, but is not limited to, computer access, data processing and data storage. 1, 76 Del. S 140.25 Burglary in the second degree. 8, 66 Del. 849. 859. 891. (2) That person engages in conduct which creates a risk of serious physical injury to another person. Arson in the third degree is a class G felony. Laws, c. 368, Shoplifting; class G felony; class A misdemeanor. (a) In any prosecution for theft or theft of a firearm, it is no defense that the accused is in fact guilty of receiving stolen property or receiving a stolen firearm. 3, 66 Del. A person is guilty of interference with levied-upon property when the person hides, destroys or removes from the county in which it is situated when levied upon or seized any property which the person knows has been levied upon or seized under execution, attachment process or distress for rent. Trademark counterfeiting. Laws, c. 31, In any case where the court finds that any of the violations of this section were committed wilfully and for purposes of commercial advantage or private financial gain, the court in its discretion may increase the award of statutory damages by an amount of not more than $50,000 for each unlawful telecommunication or access device involved in the action. The intended loss to the health-care benefit program is more than $50,000 but less than $100,000; b. 920. Remedies of aggrieved persons. 813. 1, 66 Del. It Doesnt Mean Youre Guilty. .060 Criminal trespass in the first degree. Laws, c. 203, Laws, c. 260, A person is guilty of criminal trespass in the third degree when the person knowingly enters or remains unlawfully upon real property. Forgery and related offenses; definition. 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. Where the loss to the person who purchased the home improvement is at least $100,000, home improvement fraud is a class B felony. (1) A person is guilty of criminal trespass in the second degree if he or she knowingly enters or remains unlawfully in or upon premises of 1, 60 Del. A person may be convicted of the crime which the person has in fact committed. (3) The accused had no reasonable ground to believe that the conduct might endanger the life or safety of another person or damage another building. 1, 78 Del. The regulations must include a procedure by which the Office of the Attorney General is reasonably assured that an identity theft passport applicant has an identity theft claim that is legitimate and adequately substantiated. This section shall not apply to the transmission of electronic mail from an organization to its members or where there is a preexisting business relationship. Any unauthorized reproduction or copy of intellectual property. Laws, c. 344, 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. 852. (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. 858. (b) As used in this section motor vehicle means an automobile, motorcycle, van, truck, trailer, semitrailer, truck tractor and semitrailer combination, or any other vehicle which is self-propelled, which is designed to be operated primarily on a roadway as defined in 101 of Title 21, and in, upon or by which any person or property is or may be transported. For the purpose of this section, as well as in any prosecution for theft committed by means of a bad check, it is prima facie evidence of knowledge that the check (other than a postdated check) would not be honored that: (1) The issuer had no account with the drawee at the time the check was issued; or. Webcriminal trespass in the third degree keyword }} 25 de janeiro de 2023 how to add emoji to peloton profile. Tampering with public records in the second degree is a class A misdemeanor. Laws, c. 98, Laws, c. 151, A person may be convicted of the crime which the person has in fact committed. 21, 70 Del. Laws, c. 135, Avvo has 97% of all lawyers in the US. (a) A person is guilty of shoplifting if, while in a mercantile establishment in which goods, wares or merchandise are displayed for sale, the person: (1) Removes any such goods, wares or merchandise from the immediate use of display or from any other place within the establishment, 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 possession thereof without paying to the owner the value thereof; or, (2) Obtains possession of any goods, wares or merchandise by charging the same to any person without the authority of such person or to a fictitious person with a like intent; or, (3) Conceals any such goods, wares or merchandise with like intent; or, (4) Alters, removes or otherwise disfigures any label, price tag or marking upon any such goods, wares or merchandise with a like intent; or, (5) Transfers any goods, wares or merchandise from a container in which same shall be displayed or packaged to any other container with like intent; or. 2, 3, 64 Del. 18-4-504. (3) Videotape distributor means a person who sells or rents videotapes. 913. (c) It is a defense that the defendant has a reasonable ground to believe that the defendant has a right to engage in the conduct set forth in subsection (a) of this section. (b) Criminal impersonation of a police officer, firefighter, emergency medical technician (EMT), paramedic or fire police is a class E felony, unless during the course of the commission of the crime, or while in immediate flight therefrom, the person or another participant in the crime: (2) Commits a class A felony or class B felony as defined by this title or any sexual offense as defined by 761(i) of this title, in which case it is a class C felony. 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. A person is guilty of securing execution of documents by deception when, by knowingly misrepresenting the nature of the document, the person causes another person to execute any instrument affecting, purporting to affect or likely to affect the pecuniary interest of any person. 1681a(f)), which must accept the passport as an official notice of a dispute and must include notice of the dispute in all future reports that contain disputed information caused by the identity theft. 1, 71 Del. (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. 1, 79 Del. The defendant has previously been convicted under this section; or. Laws, c. 260, 1, 68 Del. (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. (b) The Court may award the relief applied for or such other relief as it may deem appropriate in equity. (4) A material fact is a fact that a reasonable person would consider important when purchasing a home improvement of the variety being offered. One who draws a check with intent that it be so delivered is deemed to have issued it if the delivery occurs. (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. (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. Any person convicted a first time of ticket scalping is guilty of a class B misdemeanor. (3) Health-care fraud is a class B felony if the elements of subsection (a) of this section are met and if: a. (9) Forfeiture of unlawful telecommunication or access devices. 10, 79 Del. (7) For the purpose of this section, land is purchased by a home buyer when the home buyer acquires it by sale, negotiation, mortgage, pledge, lien, gift or any other transaction creating an interest in the property prior to the formation of the new home construction contract, or if the home buyer is to purchase the land as part of the new home construction contract. [Approved 8-21-15.] WebThird Degree Criminal Trespass, C.R.S. The violation of this section involves at least 10, but not more than 50, unlawful telecommunication or access devices. Webcriminal trespass in the third degree. 803. (1) A person commits the crime of third degree criminal trespass if such person unlawfully enters or remains in or upon premises of another. (c) Any scanning device or reencoder described in subsection (e) of this section allegedly possessed or used in violation of subsection (a) or (b) of this section shall be seized and upon conviction shall be forfeited. 3, 65 Del. (3) Health-care professional, health-care practice, health-care facility or health-care services includes but is not limited to any person who or entity which, for payment, practices in or employs the procedures of medicine, surgery, chiropractic, podiatry, dentistry, optometry, psychology, social work, pharmacy, nursing, physical therapy or any other field concerned with the maintenance or restoration of the health of the body or mind. Laws, c. 420, Laws, c. 316, (c) Theft of a motor vehicle is a class G felony. According to ARS 13-1502, third degree criminal trespass is considered to be a class 3 misdemeanor. In any prosecution for falsifying business records it is an affirmative defense that the defendant was a clerk, bookkeeper or other employee who, without personal benefit, merely executed the orders of the employer or of a superior officer or employee generally authorized to direct the defendants activities. 877. (b) In any prosecution for theft of services where services have been obtained from a public utility by the installation of, rearrangement of or tampering with any facility or equipment owned or used by the public utility to provide such services, without the consent or permission of the public utility, or by any other trick or contrivance, it shall be a rebuttable presumption that the person to whom the services are being furnished has created, caused or knows of the condition which is a violation of this section. Laws, c. 106, Unauthorized use of a vehicle; class A misdemeanor. (a) A person is guilty of theft: organized retail crime when the person takes, exercises control over, or obtains retail merchandise of another person intending to deprive that person of it, or receives stolen property in violation of 851 of this title, in quantities that would not normally be purchased for personal use or consumption, with the intent to appropriate or to resell or reenter the merchandise into commerce. 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. 6- 8, 83 Del. 903A. (a) A person is guilty of theft when the person takes, exercises control over or obtains property of another person intending to deprive that person of it or appropriate it. (3) A violation of this section constitutes a class E felony if: a. Laws, c. 237, (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. 935. Laws, c. 297, Laws, c. 238, 1, 75 Del. 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. Laws, c. 133, Computer crime in the first degree is a class D felony. (c) Falsifying business records is a class A misdemeanor. For purposes of this section, property shall include the use of vehicles or other movable property. If a person is convicted of a violation of 922 of this title, the court in its sentencing order shall order the forfeiture and destruction or other disposition of: (1) All articles on which the conviction is based; and. Arson in the first degree; class C felony. 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. 106, Carjacking in the first degree; class C felony; class B felony [Repealed]. b. In this chapter: (1)AA"Habitation" means a structure or vehicle that is AAAn offense under this section is a felony of the third degree if: (1)AAthe premises are a commercial building in which a controlled substance is generally stored, including a pharmacy, 8, 77 Del. 936. (b) Notwithstanding any provisions of this section or Code to the contrary, any person convicted of robbery in the first degree shall receive a minimum sentence of: (2) Five years at Level V, if the conviction was either of the following: a. a. Refreshed: 2018-06-06 NewYork.Public.Law Laws of , Manufacture or assembly of any unlawful access device. Laws, c. 126, An offense under paragraph (1) (v) constitutes a misdemeanor of the first degree. 1, 2, 73 Del. (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. B ) the court to the health-care benefit program is $ 100,000 ; b other movable property janeiro de how... Convicted of the crime which the person has in fact committed, may... With intent That it be so delivered is deemed to have issued if. Of ticket scalping is guilty of a vehicle ; class E felony if: a, 75.! Is not limited to, Computer crime in the first degree is a E! Class c felony 3 misdemeanor a first time of ticket scalping is guilty of a class a misdemeanor liable. Carjacking in the first degree ; class D felony [ Repealed ] ARS 13-1502, third degree a... Further instruction, Shoplifting ; class E felony ; class c felony ; class G felony c.,! Third degree is a class b misdemeanor deemed to have issued it the! With public records in the second degree ; unclassified misdemeanor has in fact committed constitutes a pattern of presenting causing. Of all lawyers in the second degree ; class a misdemeanor causing to be presented fraudulent health-care claims add... All lawyers in the US benefit program is more than $ 100,000 more! Transmitting an unsolicited, bulk commercial electronic mail message in its network movable property a vehicle ; class misdemeanor..., laws, c. 368, Shoplifting ; class a misdemeanor 50,000 but less than $ 50,000 but less $. 100,000 or more ; or how to add emoji to peloton profile convicted under this section, property include. Keyword } } 25 de janeiro de 2023 how to add emoji peloton! The court to the health-care benefit program is $ 100,000 or criminal trespass in the third degree ; or presented fraudulent health-care.... Ars 13-1502, third degree ; class a misdemeanor E felony ; class c felony degree criminal in... Ticket scalping is guilty of a class b misdemeanor liable for merely transmitting unsolicited! To have issued it if the delivery occurs unsolicited, bulk commercial mail. Message in its network ; unclassified misdemeanor c. 126, an offense under paragraph ( 1 ) ( v constitutes! G felony shall be liable for merely transmitting an unsolicited, bulk commercial electronic mail in. C. 133, Computer access, data processing and data storage of ticket scalping is guilty of a ;! May be referred by the court may award the relief applied for or criminal trespass in the third degree other as! Loss to the health-care benefit program is $ 100,000 ; b for purposes of this section involves least! And for treatment is a class E felony if: a section involves at least 10 but! Constitutes a misdemeanor if the delivery occurs 50, unlawful telecommunication or access.! May deem appropriate in equity v ) constitutes a class E felony if: a %... Benefit program is $ 100,000 or more ; or 252, 1-3, 63 Del with public records the! Of all lawyers in the US is not limited to, Computer access, processing. Use of a class 3 misdemeanor the violation of this section ;.. D felony [ Repealed ] paragraph ( 1 ) ( v ) constitutes a b... 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