(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. Criminal trespass in the first degree; class A misdemeanor. (d) Violation of this section is an unclassified misdemeanor. . Computer crime in the third degree is a class G felony. 5, 70 Del. Criminal impersonation is a class A misdemeanor. Property in possession of the actor shall not be deemed property of another who has only a security interest therein, even if legal title is in the creditor pursuant to a conditional sales contract or other security agreement. Health and Safety. Grounds; jurisdiction for proceedings; divorce judgment awarded to both parties. Laws, c. 497, (3) A violation of this section constitutes a class E felony if: a. (a) A person is guilty of money laundering when: (1) The person knowingly acquires or maintains an interest in, conceals, possesses, transfers, or transports the proceeds of criminal activity; or, (2) The person knowingly conducts, supervises, or facilitates a transaction involving the proceeds of criminal activity; or, (3) The person knowingly invests, expends, or receives, or offers to invest, expend, or receive the proceeds of criminal activity or funds that the person believes are the proceeds of criminal activity; or, (4) The person knowingly finances or invests or intends to finance or invest funds that the person believes are intended to further the commission of criminal activity; or. (c) Acceptance or rejection of an identity theft passport presented by the victim to a law-enforcement agency or creditor pursuant to paragraph (b)(1) or (2) of this section is at the discretion of the law-enforcement agency or creditor. (c) If any act performed in furtherance of the offenses set out in 932-938 of this title occurs in this State or if any computer system or part thereof accessed in violation of 932-936 of this title is located in this State, the offense shall be deemed to have occurred in this State. (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. A person is guilty of fraud in insolvency when, with intent to defraud any creditor and knowing that a receiver or other person entitled to administer property for the benefit of creditors has been appointed, or that any other composition or liquidation for the benefit of creditors has been made, the person: (1) Conveys, transfers, removes, conceals, destroys, encumbers or otherwise disposes of any part of or any interest in the debtors estate; or, (2) Obtains any substantial part of or interest in the debtors estate; or, (3) Presents to any creditor or to the receiver or administrator any writing or record relating to the debtors estate knowing the same to contain a false material statement; or. 1, 82 Del. Bribe receiving is a class A misdemeanor. A person is guilty of burglary in the third degree when the person knowingly enters or remains unlawfully in a building with intent to commit a crime therein. Possession of forgery devices is a class G felony. A person or entity providing a telecommunication service, whether directly or indirectly as a reseller, including, but not limited to, a cellular, paging or other wireless communications company or other person or entity which, for a fee, supplies the facility, cell site, mobile telephone switching office or other equipment or telecommunication service; b. Burglary in the second degree; class D felony, 826. Domestic Relations. 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. Judicial enforcement of order. SECTION 3-118: THREATS; ASSAULT IN THE THIRD DEGREE . 941. 29/32. (4) For purposes of all civil remedies established for violations of this section, the prohibited activity established in this section applies to each unlawful telecommunication or access device and shall be deemed a separate violation. Section 30-3B-405. Laws, c. 211, (9) Trade secret shall mean trade secret as defined in 2001 of Title 6. (1) A person is guilty of criminal trespass in the third degree when he knowingly enters or remains unlawfully in or upon premises. (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. Tampering with public records in the second degree; class A misdemeanor. 3, 77 Del. (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. Tampering with public records in the first degree is a class E felony. Upon election by the complaining party at any time before final judgment is entered, that party may recover in lieu of actual damages an award of statutory damages of between $250 to $10,000 for each unlawful telecommunication or access device involved in the action, with the amount of statutory damages to be determined by the court as the court considers just. (f) Nothing in this section shall preclude prosecution under any other provision of law. THE FAMILY COURT OF THE STATE OF DELAWARE, Subchapter I. 1, 77 Del. (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. Laws, c. 133, 140.15 Criminal trespass in the second degree. Criminal Trespass and Burglary, 820. (c) Venue. Laws, c. 221, Arson in the third degree is a class G felony. (5) Pattern of presenting or causing to be presented means 3 or more instances of conduct that constitute presenting or causing to be presented fraudulent health-care claims. The minimum fine and community service hours shall be doubled for a second or subsequent conviction of an act of graffiti. Laws, c. 150, Enforcement under Hague Convention. Theft; lost or mislaid property; mistaken delivery. Laws, c. 135, Laws, c. 410, Section 30-3B-208. 841. Uniform Interstate Enforcement of Domestic Violence Protection Orders. Laws, c. 216, (6) Property means anything of value except land, and includes things growing on, affixed to or found in land such as topsoil, sand, minerals, gravel and the like, documents although the rights represented thereby have no physical location, contract rights, trade secrets, choses in action and other interests in or claims to admission or transportation tickets, captured or domestic animals, food, drink and electric or other power. (3) A home improvement contract is any agreement, whether written or oral, whereby a person offers or agrees to provide home improvements in exchange for payment in any form, regardless of whether any such payments have been made, and includes all agreements for labor, services, and materials to be furnished and performed under the contract. (6) Uses any instrument whatsoever, credit slips or chose in action to obtain any goods, wares or merchandise 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 the possession thereof without paying to the owner the value thereof. es 1. . Criminal defense questions; Divorce questions; DUI questions; Employment questions; Family law questions; Immigration questions; 876. Extortion; class E felony. (3) Computer means a programmable, electronic device capable of accepting and processing data. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information. Divorce from Bonds of Matrimony. 2, 72 Del. 829. A person is guilty of criminal impersonation, accident related, when after being in a motor vehicle accident involving serious physical injury or death to any person: (1) A driver knowingly pretends to have been someone other than the driver of the vehicle the person was operating; or. Laws, c. 260, Criminal trespass. 6, 70 Del. Daniel Figueroa, 33, of 50 Bonner Street, Stamford, was arrested Monday for second-degree breach of peace, third-degree assault, interfering with an officer and third-degree criminal trespassing. (2) Compel the owner of the property or another person to deliver up the property or to engage in other conduct which aids in the commission of the theft. Section 30-3B-105. Alabama Sentencing Commission, Article 2. Criminal trespass in the third degree is a violation. Commencement of action; procedure, 1043. Jurisdiction; how order may be obtained; venue; when final order not issued; residency. a. 1, 65 Del. (d) New construction fraud is a class A misdemeanor, unless: (1) The loss to the home buyer is $1,500 or more but less than $50,000, in which case it is a class G felony; (2) The loss to the home buyer is at least $50,000 but less than $100,000, in which case it is a class D felony; or. Authority to enforce orders through contempt proceedings not diminished. we provide special support (2) Publishes a payment card or code of an existing, canceled, revoked, expired or nonexistent payment card, or the numbering or coding which is employed in the issuance of payment cards, with the intent that it be used or with knowledge or reason to believe that it will be used either: to avoid the payment for any money, goods, services, or anything of value; or without authorization of the card holder. Laws, c. 590, Application and construction. A conviction for any act of presenting or causing presentation of fraudulent health-care claims, including one which may be relied upon to establish a pattern of presenting or causing presentation of a fraudulent health-care claim, does not preclude prosecution under this section. 1, 79 Del. 913. 871. 4, 77 Del. Definition of payment card. Section 30-5A-5. Interference with custody, Section 13A-6-61. Laws, c. 93, 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. Duty of mental health services providers to take precautions against threatened patient violence; duty to warn, 5403. Organization, Powers, Jurisdiction and Operation of Courts, Chapter 9. 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. Kidnapping in the second degree, Section 13A-6-45. Section 30-5-8. 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. 831. Unlawful sexual contact in the first degree; class D felony, 770. (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. Theft; indictment and proof. Fraud in insolvency; class A misdemeanor. 1, 75 Del. (h) Premises include the term building as defined in 222 of this title, and any real property. . (a) No person shall knowingly, or with reasonable grounds to know, advertise or offer for sale or resale, or sell or resell, distribute or possess for such purposes, any article that has been produced in violation of 920 of this title. Offenses Involving Property, 804. c. Is marketed by that person or another acting in concert with that persons knowledge for use in facilitating or enabling the falsification of electronic mail transmission information or other routing information. 1, 70 Del. Child Welfare; Sexual Offenses, 1103. An intoxicated pedestrian was reported in the 1600 block of 12th Avenue South. Laws, c. 133, Criminal impersonation of a police officer, firefighter, emergency medical technician (EMT), paramedic or fire police; class E felony, class C felony. One who draws a check with intent that it be so delivered is deemed to have issued it if the delivery occurs. Laws, c. 161, Criminal trespass in the third degree is a violation. Trafficking in stolen identities Elements, Section 13A-8-194. Kidnapping, Unlawful Imprisonment, and Related Offenses, Section 13A-6-41. (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. 812. (a) A person is guilty of unlawful use of a payment card when the person uses or knowingly permits or encourages another to use a payment card for the purpose of obtaining money, goods, services, or anything of value knowing that: (1) The card is stolen, forged or fictitious; or, (2) The card belongs to another person who has not authorized its use; or, (3) The card has been revoked or canceled; or. Laws, c. 482, (a) A person who, with intent to cheat or defraud another, possesses, uses, transfers, makes, alters, counterfeits or reproduces a retail sales receipt or Universal Product Code Label is guilty of an offense under this section. 4, 65 Del. Trespass in the third degree is a class B misdemeanor. b. b. Section 30-3B-311. (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.. (c) A merchant, a store supervisor, agent or employee of the merchant 18 years of age or older, who has probable cause for believing that a person has intentionally concealed unpurchased merchandise or has committed shoplifting as defined in subsection (a) of this section, may, for the purpose of summoning a law-enforcement officer, take the person into custody and detain the person in a reasonable manner on the premises for a reasonable time. Construction of chapter. Indecent exposure in the first degree; class A misdemeanor, 767. Disclaimer| Site Map| Privacy Policy |Business Development Solutions by FindLaw, part of Thomson Reuters, 2023 Sawyer Legal Group, LLC All Rights Reserved, Disclaimer| Site Map| Privacy Policy |Business Development Solutions by FindLaw, part of Thomson Reuters, Third Degree Criminal Trespass Definition, Dependency And Neglect Resulting From Child Abuse, Schedule I Or II Drugs Without Prescription, Possession of an Illegal or Dangerous Weapon, Possession Of A Weapon Previous Offender, Unauthorized Use Of A Financial Transaction Device, Civil Protection Order Dismissal & Modification, Civil Restraining/Protection Orders In Criminal Cases, Aggravated Intimidation Of A Victim Or Witness, Domestic Violence Protection/Restraining Orders In Colorado, Failure To Register As A Sex Offender In Colorado, Invasion of Privacy for Sexual Gratification, Class 6 Felony Sexual Assault, Child Victim, Prostitution, Solicitation And Pimping In Colorado, Sexual Assault Felony Charges in Colorado, Sexual Assault on a Child, Position of Trust, Sexual Assault Misdemeanor Charges in Colorado, Interference With Educational Institutions, Juvenile Sexual Assault on a Child in Colorado, Driving While Ability Impaired By Alcohol, DWAI/DUI Blood Alcohol Content (Blood Alcohol Concentration). (2) The person knows of circumstances which render the presence of another person not an accomplice therein a reasonable possibility. Laws, c. 126, b. (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. (a) A person is guilty of robbery in the first degree when the person commits the crime of robbery in the second degree and when, in the course of the commission of the crime or of immediate flight therefrom, the person or another participant in the crime: (1) Causes physical injury to any person who is not a participant in the crime; or, (2) Displays what appears to be a deadly weapon or represents by word or conduct that the person is in possession or control of a deadly weapon; or, (3) Is armed with and uses or threatens the use of a dangerous instrument; or, (4) Commits said crime against a person who is 65 years of age or older; or. Offenses Involving Damage to & Intrusion Upon Prop. (3) Notwithstanding paragraphs (c)(1) and (2) of this section: a. 6, 74 Del. b. (a) A person is guilty of criminal trespass in the third degree when he knowingly enters or remains unlawfully in or upon premises. Laws, c. 31, 2, 70 Del. Laws, c. 497, New home construction fraud; class B felony; class D felony; class G felony; class A misdemeanor. Alabama Parent-Child Relationship Protection Act. Delaware Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act, 9301. For purposes of this subsection, related offenses shall include, but are not limited to, violations of 861, 900 and 903 of this title. Laws, c. 133, 30-2-50. 1, 70 Del. 1, 75 Del. 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. Like many other cases I researched, I was detained by their officer and I returned a box of nail decoration kit (worth $7.49). A first offense by an individual involving a single written instrument under this paragraph (b)(4) is forgery in the third degree, a class A misdemeanor. Laws, c. 410, Child abuse in the third degree; class A misdemeanor, 1103A. Section 13A-7-4. (e) Definitions. Criminal trespass in the third degree; classification. 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. (e) The Office of the Attorney General shall adopt regulations to implement this section. 1. Criminal solicitation in the third degree is a class A misdemeanor. 1, 71 Del. Offenses Against Order and Safety, Article 1. 836. . Section 30-3B-206. c. Any person or entity providing any telecommunication service directly or indirectly by or through any such distribution systems, networks or facilities. (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. Is an intermediary in sending and receiving electronic mail; and. Criminal impersonation, accident related, is a class G felony. We will email you Initially trespass was any wrongful conduct directly causing injury or loss; in modern law trespass is an unauthorized entry upon land. 2, 64 Del. 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. The violation of this section involves more than 50 unlawful telecommunication or access devices. (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. New YorkCriminal Law Interference with a domestic violence emergency call. Mental Health Services Providers, 5402. (1) Access means to instruct, communicate with, store data in or retrieve data from a computer, computer system or computer network. Taking testimony in another state. 3 min read. 1, 73 Del. 821. Required fields are marked * Comment. Stamford State Rep. Corey Paris Named Majority Caucus Chair, Stamford Health Honored For Excellent Care, Schools & Evaluations: Admissions, Goals, Planning & Beyond, Lecture featuring ArtScapades: American Vistas from the Hudson River to the National Parks, Meet Literary Thriller Author Deborah Goodrich Royce, Opening Reception: Womens Rights Are Human Rights, Common Cent$ Financial Literacy for Students, Barrett Bookstore and the Darien Community Association Present Colm Tibn, Women & Finance: Six Financial Strategies for Women. S 140.20 Burglary 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. Burglary in the second degree is class D felony. As used in this section, the following words and phrases shall have the meanings given to them in this subsection. authorised industrial officer entering into a workplace in the execution of their duties. The Court shall have jurisdiction of all questions arising in such proceedings and may make such orders and judgments therein as may be required. Fraudulent conveyance of public lands; class G felony. Vehicular assault in the second degree; class B misdemeanor, 761. 1, 59 Del. (g) A violation of subsection (f) of this section is a class G felony. Laws, c. 344, (a) A videotape distributor may not wrongfully disclose an individual or summary listing of any videotapes purchased or rented by a protected individual from the videotape distributor. Burglary in the third degree; class F felony, 825. (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. Modification or termination of decree or order; termination of alimony; enforcement of alimony order, 1520. To make, produce or assemble an unlawful access device or modify, alter, program or reprogram any instrument, device, machine, equipment, technology or software so that it is capable of defeating or circumventing any technology, device or software used by the provider, owner or licensee of a 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, or to knowingly assist others in those activities.