(a) A person committing any of the crimes described in 932-938 of this title is guilty in the first degree when the damage to or the value of the property or computer services affected exceeds $10,000. Among the factors that the finder of fact may consider in determining that a transaction has been designed to avoid a transaction reporting requirement shall be whether the person, acting alone or with others, conducted 1 or more transactions in currency, in any amount, at 1 or more financial institutions, on 1 or more days, in any manner. 1, 71 Del. Section 30-3B-103. (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. (14) Private personal data means data concerning a natural person which a reasonable person would want to keep private and which is protectable under law. Lack of knowledge of order by defendant. 861. Forgery in the second degree is a class G felony. Kidnapping in the second degree; class C felony, 783A. (2) Is currently subject to any administrative order, judgment or injunction under Chapter 25 of Title 6 relating to new home construction or home improvements (as defined in paragraph (a)(4) of this section). (a) Buildings and occupied structures.--(1) A person commits an offense if, knowing that he is not licensed or privileged to do so, he: . Tampering with public records in the first degree; class E felony. (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. (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. (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. Section 30-3B-205. (4) Health-care provider means any health-care professional, an owner or operator of a health-care practice or facility, any person who creates the impression that the person or the persons practice or facility can provide health-care services, or any person employed or acting on behalf of any of the aforementioned persons. Section 30-3B-405. (e) A motion picture theater owner, a supervisor, agent or employee, 18 years of age or older who detains a person pursuant to subsection (d) of this section, or who causes or provides information leading to the arrest of any person under subsection (a) 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 a crime defined in subsection (a) of this section. 846. The intended loss to the health-care benefit program is $100,000 or more; or. Grounds for persons obtaining third party visitation with a child, 2413. b. Definition of payment card. The offender is a health-care provider at the time of the offense or offenses and the conduct constitutes a pattern of presenting or causing to be presented fraudulent health-care claims. Laws, c. 216, 1, effective Sept. 16, 2019. (1) Manufacture or assembly of any unlawful access device. BURGLARY. Criminal impersonation of a police officer, firefighter, emergency medical technician (EMT), paramedic or fire police; class E felony, class C felony. The transaction or transactions need not exceed the reporting threshold at any single financial institution on any single day in order to meet the definition of structure or structuring provided in this paragraph. (c) (1) Except where a victim is 62 years of age or older, or an adult who is impaired as defined in 3902(2) of Title 31, or a person with a disability as defined in 3901(a)(2) of Title 12, theft is a class A misdemeanor unless the value of the property received, retained or disposed of is $1,500 or more, in which case it is a class G felony. 12, 78 Del. 4 0 obj Interference with custody, Section 13A-6-61. A person is guilty of criminal impersonation when the person: (1) Impersonates another person and does an act in an assumed character intending to obtain a benefit or to injure or defraud another person; or, (2) Pretends to be a representative of some person or organization and does an act in a pretended capacity with intent to obtain a benefit or to injure or defraud another person; or. Criminal trespass in the second degree; unclassified misdemeanor, 823. 5, 70 Del. Trespassing with intent to peer or peep into a window or door of another; class B misdemeanor, 822. Initially trespass was any wrongful conduct directly causing injury or loss; in modern law trespass is an unauthorized entry upon land. (b) Criminal penalties. Laws, c. 130, 2, 78 Del. This section shall not apply to publishers, broadcasters, printers or other persons engaged in the dissemination of information or reproduction of printed or pictorial matter who publish, broadcast or reproduce material without knowledge of its deceptive character. 1, 77 Del. Commencement of action; procedure, Chapter 78. Hearing; temporary ex parte protection orders, 38-9F-6. Use of consumer identification information. Civil jurisdiction; amount in controversy, Chapter 2. 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. (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. 1, 70 Del. Laws, c. 425, Selling stolen property is a class A misdemeanor, unless the value of the resold property is $1,500 or more, or unless the seller has been convicted 2 or more times of selling stolen property, in which cases it is a class G felony. (2) A home buyer means a person who intends to enter into a new home construction contract for himself or herself or on behalf of any person. Extortion is a class E felony, except where the victim is a person 62 years of age or older, in which case any violation of this section shall be a class D felony. For purposes of all criminal fines established for violations of this section, the prohibited activity established herein as it applies to each unlawful telecommunication or access device shall be deemed a separate offense. b. Home improvement fraud; class B felony; class D felony; class F felony; class G felony, class A misdemeanor. Laws, c. 345, (3) All other forgery is forgery in the third degree, a class A misdemeanor. (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. (1) The person offers, confers or agrees to confer any benefit upon any employee, agent or fiduciary without the consent of the latters employer or principal, with intent to influence the latter to take some action with regard to the latters employers or principals affairs which would not be warranted upon reasonable consideration of the factors which that person should have taken into account; or, (2) The person offers, confers or agrees to confer any benefit upon duly appointed representative of a labor organization or duly appointed trustee or representative of an employee welfare trust fund, with intent to influence the latter in respect to any of that persons acts, decisions or duties as a representative or trustee; or, (3) The person offers, confers or agrees to confer any benefit upon a participant in a sports contest, with intent to influence that the participant not to give the best effort in a sports contest; or. As used in this section, the following words and phrases shall have the meanings given to them in this subsection: a. Avvo has 97% of all lawyers in the US. Theft, receiving stolen property no defense; receiving stolen property, theft no defense; conviction of both offenses. 841B. 2, 70 Del. (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. b. 1, 79 Del. Assault in the second degree, Section 13A-6-22. Laws, c. 241, (2) Home improvement means any alteration, repair, addition, modification or improvement to any dwelling or the property on which it is situated, including but not limited to the construction, painting or coating, installation, replacement or repair of driveways, sidewalks, swimming pools, unattached structures, porches, kitchens, bathrooms, chimneys, fireplaces, stoves, air conditioning or heating systems, hot water heaters, water treatment systems, electrical wiring or systems, plumbing fixtures or systems, doors or windows, roofs, gutters, downspouts and siding. 1, 78 Del. Criminal impersonation is a class A misdemeanor. Laws, c. 408, Receiving stolen property; class G felony; class A misdemeanor. A scam was reported. 13-1502. Laws, c. 129, Mislabeled means varying from the standard of truth or disclosure in labeling prescribed by or pursuant to any statute providing criminal penalties for such variance, or set by established commercial usage; or, (5) Makes a false or misleading statement in any advertisement addressed to the public or to a substantial segment thereof intending to promote the sale or increase the consumption of property or services; or, (6) Makes a false or misleading written statement for the purpose of promoting the sale of securities, or omits information required by law to be disclosed in written documents relating to securities; or. (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. (3) When a person sells, gives or otherwise distributes or possesses with the intent to sell, give or distribute software which: a. A defendant is presumed innocent unless proven guilty and convicted. (2) The person makes or possesses any device, apparatus, equipment or article capable of or adaptable to use for purposes of forgery, intending to use it unlawfully. Second-degree assault. 1, 79 Del. Fraud in insolvency; class A misdemeanor. 859. 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. This website is funded in part through a grant from the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. 920. b. Laws, c. 126, No Internet/interactive service provider shall be held liable for any action voluntarily taken in good faith to block the receipt or transmission through its service of any unsolicited, bulk electronic mail which it believes is, or will be, sent in violation to disconnect or terminate the service of any person that is in violation of this article; or, (2) When a person uses a computer or computer network without authority with the intent to: Falsify or forge electronic mail transmission information in any manner in connection with the transmission of unsolicited bulk electronic mail through or into the computer network of an electronic mail service provider or its subscribers; or. (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. A person convicted of burglary in the first degree shall receive a minimum sentence of 1 year at Level V. (d) Notwithstanding any provision of this section or Code to the contrary, where a person is convicted of burglary in the first degree pursuant to subsection (a) of this section and who either (1) is armed with explosives or a deadly weapon; or (2) causes physical injury to any person who is not a participant in the crime, burglary in the first degree is a class B felony. * Michael S. Strong, 36, of Louisville, two count third-degree Terroristic Threatening, two . (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. 881. (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. (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. Section 30-3B-112. Theft: Organized retail crime; class A misdemeanor; class E felony. Sale of transferred recorded sounds; class A misdemeanor. Sexual abuse in the first degree, Section 13A-6-67. Section 30-3-9. (1) It is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, for a person who is trespassing upon school property to bring onto, or to possess on, such school property any weapon as defined in s. 790.001(13) or any firearm. Appearance and limited immunity. (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. An example of people who may have a lawful reason to enter into someones house or yard, or business premises include: Police will use discretion when deciding to charge a person with the offence of trespass. 913. Laws, c. 497, A person is guilty of tampering with public records in the second degree when, 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. (12) The Internet is a hierarchy of computer networks and systems that includes, but is not limited to, commercial (.com or .co), university (.ac or .edu) and other research networks (.org, .net) and military (.mil) networks and spans many different physical networks and systems around the world. (c) Presumption. Here are the Kenosha County Jail booking photos for people facing possible felony charges who were booked Jan. 14-17. Laws, c. 186, 1; 822. Youth Legal Advice Hotline (under 18 or childrens court matters only): Legal Aid Queensland acknowledges the Traditional Owners and Custodians of the land on which we meet and work, and pays respect to Elders, past, present and emerging. Chapter to be construed in pari materia with certain laws. Laws, c. 478, Juliana Sullivan, 18, of New Milford, was arrested Jan. 7, 2023, on third-degree criminal trespass, conspiracy to commit third-degree arson and criminal liability for acts of another . A person is guilty of selling stolen property if, after the person receives stolen property pursuant to 851 of this title, the person sells some or all of the stolen property received. Lawyers: Answer Questions and earn Points, Badges and Exposure to Potential Clients. Theft; lost or mislaid property; mistaken delivery. KRS Chapter 511. (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. Section 26-1-1. Commencement of proceedings; venue; notice; pleadings; attorney for child; removal from jurisdiction; considerations, 733. 3, 66 Del. a. 4, 73 Del. (b) Possession of burglars tools or instruments facilitating theft is a class F felony. Recent arrests made across Jackson County. (2) Possession of graffiti implements is a class B misdemeanor. Two men arrested after fleeing from police in stolen vehicle. 851. Section 30-3B-308. Section 13A-6-91.1. CHILD PROTECTION FROM DOMESTIC VIOLENCE AND SEX OFFENDERS ACT, Subchapter I. 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. Laws, c. 271, 1 of 11. Criminal trespass in the third degree is a violation. (d) Proof of pecuniary loss is not required to establish actual damages in connection with an alleged violation of 935 of this title arising from misuse of private personal data. For purposes of this section, property shall include the use of vehicles or other movable property. A person commits first degree criminal trespass if he or she: 1. (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. Criminal trespass in the third degree; a violation, Frequently Asked Questions Involving Courts and COVID-19, Workplace Restraining Orders (Filed by Employers), Title 10. Any federal or state certificate of registration of any intellectual property shall be prima facie evidence of the facts stated therein. Possession of forgery devices; class G felony. The receiver shall also have the power to sell, convey and assign all of the foregoing and hold and dispose of the proceeds thereof under the direction of the Court. Computer crime in the fourth degree is a class A misdemeanor. Section 30-5-11. Secs. 30-2-55. Jurisdiction; how order may be obtained; venue; when final order not issued; residency. (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. Burglary in the second degree; class D felony. An offense under this section may be deemed to have been committed at either the place where the defendant manufactures or assembles an unlawful telecommunication or access device, or assists others in doing so, or the places where the unlawful telecommunication or access device is sold or delivered to a purchaser or recipient. Laws, c. 345, (a) No person shall knowingly transfer or cause to be transferred, directly or indirectly by any means, any sounds recorded on a phonograph record, disc, wire, tape, film or other article upon which sounds are recorded, with the intent to sell or cause to be sold, or to use for profit through public performance, or to use to promote the sale of any product, such article on which sounds are so transferred, without consent of the owner; provided, that such owner is domiciled or has its principal place of business in a country which is a signatory to the Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of their Phonograms (executed on October 29, 1971, Geneva). Criminal trespass in the first degree; class A misdemeanor. Laws, c. 410, Debt adjusting; class B misdemeanor. 802. 3 min read. The aggrieved person shall recover actual damages and damages for unjust enrichment not taken into account in computing damages for actual loss and treble damages where there has been a showing of wilful and malicious conduct. A person is guilty of criminal trespass in the first degree when the person knowingly enters or remains unlawfully in a dwelling or building used to shelter, house, milk, raise, feed, breed, study or exhibit animals. A: will be able to access it on trellis. try clicking the minimize button instead. Laws, c. 37, Electronic Surveillance and Interception of Communications, 2402. Unlawfully administering drugs; class A misdemeanor, 628. (6) Payment of money means tender of money or other consideration of value by a home buyer or by any lending institution on behalf of the home buyer to a new home contractor as part of a new home construction contract. (2) Health-care fraud is a class D felony if the elements of subsection (a) of this section are met and if: a. (1) Access means to instruct, communicate with, store data in or retrieve data from a computer, computer system or computer network. 829. Any person convicted under this section shall be fined not less than $5,000 or an amount up to 3 times the retail value of the items or services bearing or identified by a counterfeit mark, whichever is greater, unless extenuating circumstances are shown by the defendant. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site. Strangulation or suffocation; penalty; affirmative defense, 607A. The accuseds intention or belief that a promise would not be performed may not be established by or inferred from the fact alone that the promise was not performed. To avoid being charged with the offence of trespass, use common senseask yourself whether you have a right, or permission to be in someones house or yard, or business premises. Possession of burglars tools or instruments facilitating theft; class F felony. 852A. (a) In any prosecution for any violation of 932-938 of this title, the offense shall be deemed to have been committed in the place at which the act occurred or in which the computer system or part thereof involved in the violation was located. A person commits the crime of criminal trespass in the third degree if he/she knowingly enters or remains unlawfully in or upon premises. Laws, c. 478, a. 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. 903. 8, 13, 68 Del. Affirmative defenses to criminal trespass. Service of petition and order. (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. Money laundering; class D felony. (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. Avvo has 97% of all lawyers in the US. A case of third-degree malicious mischief reported in the 1900 block of South Market Boulevard just before 1:10 p.m. on Jan. 17 is under investigation. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Laws, c. 497, (c) For the purposes of this section, personal identifying information includes name, address, birth date, Social Security number, drivers license number, telephone number, financial services account number, savings account number, checking account number, payment card number, identification document or false identification document, electronic identification number, educational record, health care record, financial record, credit record, employment record, e-mail address, computer system password, mothers maiden name or similar personal number, record or information. 1, 2, 72 Del. 1042. 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. Grounds for DSCYF custody; preliminary injunction, Chapter 54. (3) Deprive means to withhold property of another person permanently or for so extended a period or under such circumstances as to withhold a major portion of its economic value or benefit, or with intent to restore it only upon payment of a reward or other compensation, or to dispose of property of another person so as to make it unlikely that the owner will recover it. 1, 65 Del. (2) Any person knowingly pretends to have been a driver of 1 of the vehicles involved in the accident. Enforcement under Hague Convention. Find a lawyer near you. As used in this section, the following words and phrases shall have the meanings given to them in this subsection. 3, 77 Del. A person commits extortion when, with the intent prescribed in 841 of this title, the person compels or induces another person to deliver property to the person or to a third person by means of instilling in the victim a fear that, if the property is not so delivered, the defendant or another will: (3) Engage in other conduct constituting a crime; or, (4) Accuse anyone of a crime or cause criminal charges to be instituted against anyone; or, (5) Expose a secret or publicize an asserted fact, whether true or false, tending to subject anyone to hatred, contempt or ridicule; or, (6) Falsely testify or provide information or withhold testimony or information with respect to anothers legal claim or defense; or, (7) Use or abuse the defendants position as a public servant by performing some act within or related to the defendants official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely; or. 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