criminal trespass in the third degree

Debt adjusting; class B misdemeanor. WebCriminal trespass in the second degree. 27, 67 Del. (g) Night means a period between 30 minutes after sunset and 30 minutes before sunrise. (1) Access means to instruct, communicate with, store data in or retrieve data from a computer, computer system or computer network. Burglary in the third degree is a class D felony. 6, 74 Del. (d) A motion picture theater owner, a supervisor, agent or employee, 18 years of age or older, who has probable cause to believe that a person has recorded or transmitted a substantial portion of a motion picture and has intentionally violated paragraph (a)(2) 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. (h) Money laundering shall not be deemed to be a related or included offense of any other provision of this Code. Laws, c. 260, 925. 9, 73 Del. A person is guilty of criminal trespass in the third degree when the person knowingly enters or remains unlawfully upon real property. Transferred to 1306 of this title by 83 Del. (9) Data means information of any kind in any form, including computer software. (b) Violation of this section involving 100 or more improperly labeled sound recordings shall constitute a class G felony, otherwise it is/shall constitute an unclassified misdemeanor. (a) (1) Any person who knowingly operates the audiovisual recording function of any device in a motion picture theater while the motion picture is being exhibited, for the purpose of distributing or transmitting a still photographic image of the motion picture, without the consent of the motion picture theater owner, is guilty of a class B misdemeanor. 841. 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 (a) A person is guilty of theft of rental property if the person, with the intent specified in 841 of this title, takes, destroys, converts, wrongfully withholds or appropriates by fraud, deception, threat, false token, false representation or statement, or by any trick, contrivance or other device to avoid payment for or to otherwise appropriate rental property entrusted to said person. (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. (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. In the story above, the Trespassing The individual described by any information the wrongful disclosure of which is prohibited under this section; or. Use of consumer identification information. 5, 70 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. b. Intellectual property affixed to any item knowingly sold, offered for sale, manufactured or distributed or identifying services offered or rendered, without the authority of the owner of the intellectual property. 2, 70 Del. A person is guilty of bribe receiving if: Being an employee, agent or fiduciary and, without the consent of the employer or principal, the person solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that the benefit will influence the person to take some action with regard to the employers or principals affairs which would not be warranted upon reasonable consideration of the factors which the person should have taken into account; or, Being a duly appointed representative of a labor organization or a duly appointed trustee or representative of an employee welfare trust fund, the person solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that the benefit will influence the person in respect to any of the persons acts, decisions or duties as representative or trustee; or, Being a participant in a sports contest, the person solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that the person will thereby be influenced not to give the best effort in a sports contest; or. For purposes of 841-856, 1450 and 1451 of this title: (1) Appropriate means to exercise control, or to aid a third person to exercise control, over property of another person permanently or for so extended a period or under such circumstances as to acquire a major portion of its economic value or benefit, or to dispose of property for the benefit of the actor or a third person. (a) Prohibited acts. Prosecution and sentencing for money laundering shall not be deemed to preclude prosecution or sentencing under any other provision of this Code. 811. The defendant has been convicted previously on 2 or more occasions for offenses under this section or for any similar crime in this or any federal or other state jurisdiction; or. 813. (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. (2) Third degree criminal trespass is a petty offense, but it is a class 5 felony if the person trespasses on premises so classified as agricultural land with the intent to commit a felony thereon. Laws, c. 344, Other crime in committing burglary punishable. (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. 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. The agency shall send a copy of the application and the supporting police report to the Office of the Attorney General. WebThe (specify) count is Criminal Trespass in the Third Degree. 7, 70 Del. (c) As used in subsection (b) of this section, proper notice shall consist of a written demand by the rentor made after the expiration of the rental period mailed by certified or registered mail to the rentee at: (1) The address the rentee gave when the rental contract was made; or. Possession in addition to its ordinary meaning, includes location on or about the defendants person, premises, belongings, vehicle or otherwise within the defendants reasonable control. Laws, c. 125, Shoplifting is a class G felony when the goods, wares or merchandise shoplifted are of the value of $1,500 or more, or when the goods, wares or merchandise shoplifted are from 3 or more separate mercantile establishments and were shoplifted in the same or continuing course of conduct and the aggregate value of the goods is $1,500 or more. Laws, c. 590, (a) In this section, the following words have the meanings indicated: (1) Draft does not include a credit or debit card sales draft. Laws, c. 241, (3) A violation of this section constitutes a class E felony if: a. Laws, c. 252, (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. Adulterated means varying from the standard of composition or quality prescribed by or pursuant to any statute providing criminal penalties for such variance, or set by established commercial usage. Webcriminal trespass in the third degreethe hardy family acrobats 26th February 2023 / in was forest whitaker in batteries not included / by / in was forest whitaker in batteries not included / by (b) A person is guilty of theft if the person, in any capacity, legally receives, takes, exercises control over or obtains property of another which is the subject of theft, and fraudulently converts same to the persons own use. WebCriminal trespass in the first degree is a class D felony. Laws, c. 135, 3, 78 Del. Criminal trespass in the second degree; unclassified misdemeanor. Computer crime in the fourth degree is a class A misdemeanor. (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. After processing the application and police report, the Office of the Attorney General may issue to the victim an identity theft passport in the form of a card or certificate which may include photo identification. (1) Except as provided for in paragraph (b)(2) or (3) of this section, an offense under this section is an unclassified misdemeanor with a sentence up to 1 year incarceration at Level V, and a fine of up to $10,000 for all violations of this section. (b) Laws, c. 68, Criminal trespass in the first degree is a class A misdemeanor. Laws, c. 383, Read more about Third Degree Criminal Trespass. b. Laws, c. 209, 1, 70 Del. (2) Health-care benefit program means any plan or contract, whether public or private, under which any medical benefit, equipment, medication or service is provided to any individual. WebSec. Fraudulent receipt of public lands; class G felony. (f) A motion picture theater owner, a supervisor, agent or employee, 18 years of age or older, who has probable cause to believe that a person has committed a crime defined in subsection (a) of this section may eject such person from the premises and shall not be held civilly or criminally liable for such ejection. 832. Laws, c. 151, Damages awarded by a court under this section shall be computed as either of the following: a. Find the best ones near you. Avvo has 97% of all lawyers in the US. Laws, c. 34, Laws, c. 377, Examples of the Crime There are many different examples of criminal trespass in the third degree. (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. 1, 72 Del. (a) (1) A person is guilty of the act of graffiti when the person intentionally, knowingly or recklessly draws, paints, etches or makes any significant mark or inscription upon any public or private, real or personal property of another without the permission of the owner. Bribery; class A misdemeanor. Possession of forgery devices; class G felony. b. 140.10 Criminal trespass in the third degree. (a) A person is guilty of reckless burning or exploding when the person intentionally starts a fire or causes an explosion, whether on the persons own property or on anothers, and thereby recklessly places a building or other real or personal property of another in danger of destruction or damage or places another person in danger of physical injury. (a) Whenever any person who has not previously been convicted of issuing or passing a bad check under 900 of this title or under any statute of the United States or of any state relating to the issuing or passing of bad checks pleads guilty to issuing or passing a bad check in violation of 900 of this title in an amount under $1,500 at the time of arraignment, the court without entering a judgment of guilt and with the consent of the accused may defer further proceedings and place the accused on probation upon terms and conditions, which terms and conditions shall include payment of full restitution in the amount of the check plus any reasonable service fee in connection therewith to the victim of the offense and payment to the State of any court costs associated with the offense. 1, 74 Del. 1, 64 Del. Provides to end-users of electronic mail services the ability to send or receive electronic mail. (c) The sentencing provisions of this section apply to attempted robbery in the first degree as well as robbery in the first degree. 1, 75 Del. Laws, c. 211, Laws, c. 260, Laws, c. 252, Unlawful operation of a recording device. 1, 76 Del. (d) A person enters upon premises when the person introduces any body part or any part of any instrument, by whatever means, into or upon the premises. 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. 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). Laws, c. 341, (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. (b) The term audiovisual recording function means the capability of a device to record or transmit a motion picture or any part thereof by means of any technology now known or later developed. (2) Publication means distribution to a person other than the protected individual. 6, 83 Del. 1, 82 Del. Laws, c. 129, Criminal Jury Instructions (CJI) The Criminal Jury Instructions are a set of model charges intended as a guideline for trial judges. 941. Laws, c. 63, (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. A person commits criminal trespass in the third degree by: 1, 75 Del. When the goods, wares or merchandise shoplifted are of the value of less than $1,500, it is a class A misdemeanor. 1, 71 Del. Computer crime in the first degree is a class D felony. A person is guilty of burglary in the third degree when he knowingly enters or remains unlawfully in a building with intent to commit a crime therein. 2023 Sawyer Legal Group, LLC All Rights Reserved 6, 80 Del. 1, 2, 73 Del. 1. repealed by 82 Del. Laws, c. 203, A person is guilty of the computer crime of unrequested or unauthorized electronic mail: (1) When that person, without authorization, intentionally or recklessly distributes any unsolicited bulk commercial electronic mail (commercial E-mail) to any receiving address or account under the control of any authorized user of a computer system. 4, 73 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. 926. (d) A merchant, a store supervisor, agent or employee of the merchant 18 years of age or older who detains, or a merchant, a store supervisor, agent or employee of the merchant who causes or provides information leading to the arrest of any person under subsection (a), (b) or (c) of this section, shall not be held civilly or criminally liable for such detention or arrest provided they had, at the time of such detention or arrest, probable cause to believe that the person committed the crime of shoplifting as defined in subsection (a) of this section. (6) Creates or causes to be created any false medical record. (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. Laws, c. 126, 1, 77 Del. 3, 69 Del. (b) Definitions. 907B. 9, 74 Del. A person who has filed with a law-enforcement agency a police report alleging identity theft may apply for an identity theft passport through any law-enforcement agency. (2) Forgery is forgery in the second degree if the written instrument is or purports to be any of the following: a. (b) Any person found guilty of criminal impersonation of a member or veteran of the United States Armed Forces shall be guilty of a class A misdemeanor and receive a minimum fine of not less than $1000, which shall not be subject to suspension. 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. (a) The Office of the Attorney General, in cooperation with any law-enforcement agency, may issue an identity theft passport to a person who is a victim of identity theft in this State and who has filed a police report citing that such person is a victim of a violation of 854 of this title. (a) A person is guilty of health-care fraud when the person knowingly: (1) Presents or causes to be presented any fraudulent health-care claim to any health-care benefit program; or. Web(e) For a felony of the third degree, by a term of imprisonment not exceeding 5 years. b. Failure to promptly cease electronic communication upon request. 837. Laws, c. 130, 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. 1, 79 Del. When the value of the property or computer services or damage thereto cannot be satisfactorily ascertained, the value shall be deemed to be $250. Laws, c. 497, 1, 67 Del. 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. (b) In any prosecution for any violation of 932-938 of this title based upon more than 1 act in violation thereof, the offense shall be deemed to have been committed in any of the places at which any of the acts occurred or in which a computer system or part thereof involved in a violation was located. Laws, c. 353, (e) In any civil action brought under this section, the Court shall award to any aggrieved person who prevails reasonable costs and reasonable attorneys fees. Laws, c. 34, Laws, c. 333, (1) Another person means and includes the owner of the motor vehicle or any operator, occupant, passenger of the motor vehicle or any other person who has an interest in the use of the motor vehicle which the offender is not privileged to infringe. 1, 79 Del. (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 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. 497, 1 criminal trespass in the third degree 70 Del including computer software person is guilty of criminal trespass the. It is a class a misdemeanor fourth degree is a class D felony minutes sunset... Goods, wares or merchandise shoplifted are of the value of less than $ 1,500, it is a E. 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