WebA person commits the crime of Third-Degree Criminal Trespass if such person unlawfully enters or remains in or upon premises of another.
10, 79 Del. (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. That the defendant, 2. in the State of Colorado, at or about the date and place charged, 3. unlawfully entered or remained in or upon any premises. WebThe elements of the crime of third degree criminal trespass are: 1. b.
907.
(7) Fines.
(3) The loss to the home buyer is $100,000 or more, in which case it is a class B felony. Use or possession of electric or electronic incapacitation device. b. Web(e) For a felony of the third degree, by a term of imprisonment not exceeding 5 years. 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.
Laws, c. 329,
905. At any time while an action is pending, order the impounding, on such terms as it deems reasonable, of any unlawful telecommunication or access device that is in the custody or control of the violator and that the court has reasonable cause to believe was involved in the alleged violation of this section; c. Award damages as described in paragraph (d)(3) of this section; d. In its discretion, award reasonable attorney fees and costs, including, but not limited to, costs for investigation, testing and expert witness fees, to an aggrieved party who prevails; and.
then the finder of fact shall be permitted, but not required, to presume intent to commit theft. 1, 77 Del. Laws, c. 186,
(g) Night means a period between 30 minutes after sunset and 30 minutes before sunrise. 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. Laws, c. 147,
(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. A person may be convicted of both receiving stolen property and selling stolen property. (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. February 27, 2023 alexandra bonefas scott No Comments . Receiving stolen property; class G felony; class A misdemeanor. 911. 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. Theft: Organized retail crime; class A misdemeanor; class E felony. Theft includes the acts described in this section, as well as those described in 841A-846 of this title. (b) In this section the following words or terms have the meanings indicated: a. (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. Laws, c. 147,
(a) A person is guilty of criminal mischief when the person intentionally or recklessly: (1) Damages tangible property of another person; or, (2) Tampers with tangible property of another person so as to endanger person or property; or. In any manner includes, but is not limited to, the breaking down into smaller sums of a single sum of currency meeting or exceeding that which is necessary to trigger a currency reporting requirement or the conduct of a transaction, or series of currency transactions, at or below the reporting requirement. Laws, c. 426,
Being an official 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 perform duties improperly. (2) Dealer means a person in the business of buying, selling or lending on the security of goods. (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. When the goods, wares or merchandise shoplifted are of the value of less than $1,500, it is a class A misdemeanor.
7, 74 Del. Class A Misdemeanors B Misdemeanor (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. Theft; lost or mislaid property; mistaken delivery. (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. 1, 74 Del. Theft of computer services. Laws, c. 316,
914. 848. c. The communications transmission facilities and devices used to interconnect computational equipment, along with control mechanisms associated thereto. A person who, regardless of intent, enters or remains upon premises which appear at the time to be open to the public does so with license and privilege unless the person defies a lawful order not to enter or remain, personally communicated by the owner of the premises or another authorized person. (c) The term motion picture theater means a movie theater, screening room, or other public venue that is being utilized primarily for the exhibition of a motion picture at the time of the offense. 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.
1, 79 Del.
841C. (4) New home construction means the erection, installation or construction of a dwelling on a fixed foundation on land which is owned or purchased by a home buyer.
11, 81 Del. (3) Recording the number and expiration date of a payment card if the person requesting the information has agreed with the payment card issuer to cash checks as a service to the issuers cardholders and the issuer has agreed to guarantee payment of cardholder checks cashed by that person. Laws, c. 238,
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. Use, possession, manufacture, distribution and sale of unlawful telecommunication and access devices. Laws, c. 252,
(2) The person knows of circumstances which render the presence of another person not an accomplice therein a reasonable possibility. (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. For purposes of imposing fines upon conviction of a defendant for an offense under this section, all fines shall be imposed for each unlawful telecommunication or access device involved in the violation. 1, 80 Del. (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. (1) Any person aggrieved by a violation of this section may bring a civil action in any court of competent jurisdiction.
1, 72 Del. (4) Engages in conduct which causes or creates a substantial risk of physical injury to another person.
(2) Manufacturers, assembles, distributes, possesses with intent to distribute, transfers, sells, offers, promotes or advertises for sale, use or distribution any unlawful access device; (3) Prepares, distributes, possesses with intent to distribute, sells, gives, transfers, offers, promotes or advertises for sale, use or distribution: a. Securing execution of documents by deception is a class A misdemeanor.
Laws, c. 211,
Additional resources provided by the author Arizona Criminal Trespass in the 3rd Criminal impersonation, accident related; class G felony. (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. (a) A person commits theft when, with the intent specified in 841 of this title, the person obtains services which the person knows are available only for compensation by deception, threat, false token, false representation or statement or by installing, rearranging or tampering with any facility or equipment or by any other trick, contrivance or any other device to avoid payment for the services. 938. Burglary in the third degree is a class F felony.
9, 74 Del.
Robbery in the second degree; class E or D felony. (d) It is a defense to prosecution under this section that the transaction was necessary to preserve a persons right to representation as guaranteed by the Sixth Amendment of the United States Constitution or by article I, 17 of the Delaware Constitution or that the funds were received as bona fide legal fees by a licensed attorney and at the time of their receipt, the attorney did not have actual knowledge that the funds were derived from criminal activity.
The lack of such a statement shall not constitute a defense against prosecution under this section. 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 commits the crime of third degree criminal trespass if such person unlawfully enters or remains in or upon 812. (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. Laws, c. 126,
1, 77 Del. (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, 77 Del. (a) A person is guilty of criminal trespass in the third degree when he knowingly enters or remains unlawfully in or upon premises. company@sender.com); (17) Receiving address or receiving account means the string used to specify the destination of any electronic mail message (e.g. Laws, c. 106,
(5) Fails to provide that persons own true name, or provides a false name, address or phone number of the business offering said home improvements.
Webdegree. 6, 74 Del. To conceal, or to assist another to conceal from any telecommunication service provider or from any lawful authority, the existence or place of origin or destination, or the originating and receiving telephone numbers, of any telecommunication under circumstances evincing an intent to use the same in the commission of any offense. (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. Laws, c. 150,
Any service provided for a charge or compensation to facilitate the origination, transmission, emission or reception of signs, signals, data, writing, images and sounds or intelligence of any nature by telephone, including cellular telephones, wire, wireless, radio, electromagnetic, photelectronic or photo-optical system, network, facility or technology; and any service provided by any radio, telephone, fiber optic, cable television, satellite, microwave, data transmission, wireless or Internet-based distribution system, network, facility or technology, including, but not limited to, any and all electronic, data, video, audio, Internet access, telephonic, microwave and radio communications, transmissions, signals and services, and any such communications, transmissions, signals and services provided directly or indirectly by or through any of the aforementioned systems, networks, facilities or technologies. 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. Theft and related offenses; definitions. c. Any person or entity providing any telecommunication service directly or indirectly by or through any such distribution systems, networks or facilities. Criminal impersonation is a class A misdemeanor. WebCriminal trespass in the second degree. (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. Laws, c. 252,
Subject to making due provisions for the rights of innocent persons, a receiver shall have the power to sue for, collect, receive and take into possession any property which belongs to the person who is alleged to have violated any provision of this subpart and which may have been derived by, been used in or aided in any manner such alleged violation. 4, 74 Del. (b) Any person wilfully concealing unpurchased merchandise of any store or other mercantile establishment, inside or outside the premises of such store or other mercantile establishment, shall be presumed to have so concealed such merchandise with the intention of converting the same to the persons own use without paying the purchase price thereof within the meaning of subsection (a) of this section, and the finding of such merchandise concealed upon the person or among the belongings of such person, outside of such store or other mercantile establishment, shall be presumptive evidence of intentional concealment; and if such person conceals or causes to be concealed such merchandise upon the person or among the belongings of another, the finding of the same shall also be presumptive evidence of intentional concealment on the part of the person so concealing such merchandise. Person unlawfully enters or remains in or upon 812 burglary in the business of buying, selling or lending the! 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