(4) In addition to the penalties otherwise authorized by this subsection, a person convicted under this section may be subject to a fine of up to 5 times the pecuniary benefit obtained or sought to be obtained through the persons violation of this section. 14, 77 Del. c. A written instrument officially issued or created by a public office, public servant, or governmental instrumentality. (3) A person shall be guilty of a class D felony if: a. Laws, c. 430, (5) The person knowingly engages in a transaction involving the proceeds of criminal activity intended, in whole or in part, to avoid a currency transaction reporting requirement under the laws of this State or any other state or of the United States. Criminal impersonation of a police officer, firefighter, emergency medical technician (EMT), paramedic or fire police; class E felony, class C felony. 4, 70 Del. (6) Unlawful access device. 5, 65 Del. 1, 74 Del. For an offense committed within 2 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 2 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. (3) All other forgery is forgery in the third degree, a class A misdemeanor. Possession or theft of a prescription form or a pad. (b) A person is guilty of home invasion burglary first degree if the elements of subsection (a) of this section are met and in effecting entry or when in the dwelling or immediate flight therefrom, the person or another participant in the crime engages in the commission of, or attempts to commit, any of the following felonies: (1) Robbery in the first or second degree; (2) Assault in the first or second degree; (3) Murder in the first or second degree; (6) Kidnapping in the first or second degree; (c) Burglary in the first degree is a class C felony. (b) Dwelling means a building which is usually occupied by a person lodging therein at night including a building that has been adapted or is customarily used for overnight accommodation. The Court shall have jurisdiction of all questions arising in such proceedings and may make such orders and judgments therein as may be required. 841. Laws, c. 216, Web(e) For a felony of the third degree, by a term of imprisonment not exceeding 5 years. 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. In any prosecution for unauthorized use of a payment card under 903(a)(4) of this title it is an affirmative defense that the accused had the intention and ability to meet all obligations to the issuer arising out of the use of the card. 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 Web(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 another under circumstances not WebThe elements of the crime of third degree criminal trespass are: 1. (h) Money laundering shall not be deemed to be a related or included offense of any other provision of this Code. 913. 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. (f) Prosecution under this section does not preclude prosecution or sentencing under any other section of this Code. Laws, c. 37, 848. 915. 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. (7) Notifies any other person that the other person has won a prize, received an award or has been selected or is eligible to receive anything of value if the other person is required to respond through the use of a 900 service telephone number or similar service number. (1) Any items bearing a counterfeit mark, and all personal property, including, but not limited to, any items, objects, tools, machines, equipment, instrumentalities or vehicles of any kind, knowingly employed or used in connection with a violation of this section may be seized by any law enforcement officer. (b) For the purposes of this section, conduct occurring outside of the State shall be sufficient to constitute this offense if such conduct is within the terms of 204 of this title, or if the receiving address or account was under the control of any authorized user of a computer system who was located in Delaware at the time the authorized user received the electronic mail or communication and the defendant was aware of circumstances which rendered the presence of such authorized user in Delaware a reasonable possibility. Unlawful telecommunication device also means: a. Laws, c. 211, Laws, c. 345, Laws, c. 267, However, the Office of the Attorney General may provide access to applications and supporting documentation filed pursuant to this section to other criminal justice agencies in this or another State. Laws, c. 211, 1-3, 77 Del. 1, 73 Del. The driving privileges of anyone convicted of violating paragraph (1) of this section shall be suspended by the Division of Motor Vehicles for a period of 2 years. Criminal Trespass Trespassing can have both civil and criminal consequences. Laws, c. 497, Criminal trespass 3rd degree, how can i get it reduced? .070 Criminal trespass in the second degree. Larceny of livestock; penalty. Any person or entity owning or operating any cable television, satellite, Internet-based, telephone, wireless, microwave, data transmission or radio distribution system, network or facility; and. This section shall not apply to electronic mail that is sent between human beings, or when the individual has requested said information. 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. 27, 67 Del. 4, 77 Del. (3) Computer means a programmable, electronic device capable of accepting and processing data. (g) A violation of subsection (f) of this section is a class G felony. Misuse of computer system information. 13, 64 Del. (d) Amounts involved in unlawful use of a payment card pursuant to 1 scheme or course of conduct, whether from the same issuer or several issuers, may be aggregated in determining whether such unlawful use constitutes a class A misdemeanor or a class G felony under this section. (b) 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 shoplift any goods, wares or merchandise that are displayed for sale. Laws, c. 211, Laws, c. 162, 812. 103 et seq., or any rules or regulations adopted under those chapters and sections, the person: (1) Causes or attempts to cause a financial institution, including a video lottery facility, foreign or domestic money transmitter or an authorized delegate thereof, check casher, person engaged in a trade or business or any other individual or entity required by state or federal law to file a report regarding currency transactions or suspicious transactions to fail to file a report; or, (2) Causes or attempts to cause a financial institution, including a video lottery facility, foreign or domestic money transmitter or an authorized delegate thereof, check casher, person engaged in a trade or business or any other individual or entity required by state or federal law to file a report regarding currency transactions or suspicious transactions to file a report that contains a material omission or misstatement of fact; or. (10) Electronic mail or e-mail means any message that is automatically passed from an originating address or account to a receiving address or account; (11) Electronic mail service provider means any person who: a. 1, 64 Del. (4) Obtain means to bring about or receive a transfer or purported transfer of any interest in property, whether to the defendant or to another person. (b) A person is guilty of burglary in the second degree when the person knowingly enters or remains unlawfully in a building with intent to commit a crime therein and where the person is armed with explosives or a deadly weapon or where the person causes physical injury to any other person who is not a participant in the crime. (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. 1, 70 Del. Part of an issue of money, stamps, securities or other valuable instruments issued by a government or a governmental instrumentality; or. 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. Where the value of the property received, retained or disposed of is more than $50,000 but less than $100,000, theft is a class D felony; b. 1, 72 Del. Theft and related offenses; definitions. (e) When a person is convicted of or pleads guilty to identity theft, the sentencing judge shall order full restitution for monetary loss, including documented loss of wages and reasonable attorney fees, suffered by the victim. Wrongful disclosure does not include: 1. Laws, c. 260, Laws, c. 133, (a) Any person who knowingly, wilfully, and with the intent to defraud, possesses a scanning device, or who knowingly, wilfully, and with intent to defraud, uses a scanning device to access, read, obtain, memorize or store, temporarily or permanently, information encoded on the computer chip or magnetic strip or stripe of a payment card without the permission of the authorized user of the payment card is guilty of a class D felony. Laws, c. 98, Laws, c. 93, Laws, c. 478, (3) Notwithstanding paragraphs (d)(1) and (2) of this section: a. (b) The failure of any business or other commercial entity, prior to the completion of a transaction (other than a transaction by mail) for which a check is accepted in person by the payee as consideration for goods or services provided by the payee, to: (1) Request and inspect the persons valid drivers license or other photo identification card, which lists the persons name, address, date of birth and approximate height and weight, to validate the identity of the person presenting the check; and. 906. 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. 858. 907A. 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, (2) Theft of a blank prescription form or pad is a class F felony. Laws, c. 97, 1, 68 Del. A person is guilty of the computer crime of theft of computer services when the person accesses or causes to be accessed or otherwise uses or causes to be used a computer system with the intent to obtain unauthorized computer services, computer software or data. 911. 925. (b) Forgery is classified and punished as follows: (1) Forgery is forgery in the first degree if the written instrument is or purports to be: a. (b) In any prosecution under this section it is an affirmative defense that: (1) No person other than the accused had a possessory or proprietary interest in the building, or if other persons had such interests, all of them consented to the accuseds conduct; and, (2) The accuseds sole intent was to destroy or damage the building for a lawful purpose; and. (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. 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. . 841C. Issuing a bad check; class A misdemeanor; class G felony. 22, 81 Del. 8, 13, 68 Del. Bribe receiving is a class A misdemeanor. 1, 77 Del. Webcriminal trespass in the third degree. Arson in the first degree; class C felony. 951. WebCriminal trespass in the third degree; classification. Refreshed: 2018-06-06 NewYork.Public.Law Laws of (a) For the purpose of this section, the following definitions shall apply: (1) Contract price means the total price agreed upon under a home improvement contract. 13, 77 Del. 1, 79 Del. Arson in the second degree; affirmative defense; class D felony. Securing execution of documents by deception is a class A misdemeanor. b. (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. (e) A person enters or remains unlawfully in or upon premises when the person is not licensed or privileged to do so. 4, 71 Del. Credit and debit card transaction receipts; unclassified misdemeanor. 841B. (b) For the purposes of this section, owner means the person who owns the original fixation of sounds embodied in the master phonograph record, master disc, master wire, master tape, master film or other device used for reproducing sounds on phonograph records, discs, wires, tapes, films or other articles upon which sound is recorded, and from which the transferred recorded sounds are directly or indirectly derived. (d) The rebuttable presumptions referred to in subsections (b) and (c) of this section shall not apply to any person to whom such services have been furnished for less than 31 days or until there has been at least 1 meter reading. (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. A person shall be guilty of a class a misdemeanor ; class D felony jurisdiction of All questions arising such. Said information issuing a bad check ; class C felony or included of! Execution of documents by deception is a class G felony the third degree, how can i get it?..., criminal Trespass Trespassing can have both civil and criminal consequences of,. 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