Laws, c. 364, (f) Nothing in this section shall preclude prosecution under any other provision of law. 2, 64 Del. (15) Property means anything of value, including data. (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. (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. 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. Any type of instrument, device, machine, equipment, technology or software which is capable of transmitting, acquiring, decrypting or receiving any telephonic, electronic, data, Internet access, audio, video, microwave or radio transmissions, signals, communications or services, including the receipt, acquisition, transmission or decryption of all such communications, transmissions, signals or services provided by or through any cable television, fiber optic, telephone, satellite, microwave, data transmission, radio, Internet-based or wireless distribution network, system or facility, or any part, accessory or components thereof, including any computer circuit, security module, smart card, software, computer chip, electronic mechanism or other component, accessory or part of any telecommunication device which is capable of facilitating the transmission, decryption, acquisition or reception of all such communications, transmissions, signals or services. 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. Selling stolen property; class A misdemeanor; class G felony. 862. (c) Violation of this section is an unclassified misdemeanor. S 140.25 Burglary in the second degree. Burglary in the third degree is a class D felony. (c) Presumption. Laws, c. 133, (f) The intent to commit a crime therein may be formed prior to the unlawful entry, be concurrent with the unlawful entry or such intent may be formed after the entry while the person remains unlawfully. A person is guilty of criminal trespass in the second degree when: 1. he or she knowingly enters or remains unlawfully in a dwelling; or 2. being a person required to (b) A person convicted of violating this section shall be guilty of a class A misdemeanor, unless the person is convicted of possessing 15 or more illegitimate retail sales receipts or Universal Product Code Labels or the aggregate value of the money, property or services illegally obtained or credited to an account is $1,500 or more, in which case it is a class F felony. WebWhat is Criminal Trespass 2nd Degree? Laws, c. 260, 905. (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. 1, 70 Del. 1, 73 Del. (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. Debt adjusting; class B misdemeanor. b. Whoever commits theft of property from a cemetery shall be guilty of a class A misdemeanor. WebBURGLARY AND CRIMINAL TRESPASS Sec.A30.01.AADEFINITIONS. 922. The defendant has been previously convicted of 2 or more offenses under this section; b. Laws, c. 241, 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. Laws, c. 611, 1, 2, 75 Del. 2, 78 Del. Criminal trespass in the first degree; class A misdemeanor. 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. (a) Every prosecution for theft shall be based upon 841 of this title. 12, 60 Del. 7, 74 Del. 1, 70 Del. The intended loss to the health-care benefit program is more than $50,000 but less than $100,000; b. 872. (2) If the property or computer services are unrecoverable, damaged or destroyed as a result of a violation of this subpart, the cost of reproducing or replacing the property or computer services at the time of the violation. This section shall not apply to the transmission of electronic mail from an organization to its members or where there is a preexisting business relationship. Laws, c. 497, Wage theft; class E felony. The lack of such a statement shall not constitute a defense against prosecution under this section. 840. Definition of issues and passes.. (2) 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 G felony, unless the loss to the person who purchased the home improvement is $1500 or more, in which case it is a class F felony. (a) A person is guilty of possession of burglars tools or instruments facilitating theft when, under circumstances evidencing an intent to use or knowledge that some other person intends to use the same in the commission of an offense of such character, the person possesses any tool, instrument, or other thing adapted, designed, or commonly used for committing or facilitating: (1) Offenses involving unlawful entry into or upon premises. For the purpose of this section, gain means the amount of money or the value of property or computer services or other consideration derived. then the finder of fact shall be permitted, but not required, to presume intent to commit theft. Laws, c. 482, 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. Receiving stolen property; class G felony; class A misdemeanor. Laws, c. 133, (f) Fine. A person is guilty of interference with levied-upon property when the person hides, destroys or removes from the county in which it is situated when levied upon or seized any property which the person knows has been levied upon or seized under execution, attachment process or distress for rent. Some of the punishments if convicted of a class 3 misdemeanorcan include up to 1 year of probation, 30 days in jail and/or monetary fines. Any unauthorized reproduction or copy of intellectual property. The individual described by any information the wrongful disclosure of which is prohibited under this section; or. Laws, c. 126, 1, 2, 72 Del. Computer crime in the fourth degree is a class A misdemeanor. (8) Computer system means a computer, its software, related equipment and communications facilities, if any, and includes computer networks. WebCriminal trespass in the third degree; classification. Laws, c. 221, (d) Violation of this section is an unclassified misdemeanor. 5, 67 Del. Payment card also includes the number that is assigned to the card even if the physical card, instrument or device is not used or presented. In the story above, the Trespassing charge given to the man would depend on his reason for being in the building, and whether it could be proven he had an intent to commit another crime while there. (2) That person engages in conduct which creates a risk of serious physical injury to another person. Additional resources provided by the author Arizona Criminal Trespass in the 3rd (e) Quantity or retail value. 891. The quantity or retail value of items or services shall include the aggregate quantity or retail value of all items or services bearing or identified by every counterfeit mark the defendant manufactures, uses, displays, advertises, distributes, offers for sale, sells or possesses. (5) Owner means a person who has an interest in property which the defendant is not privileged to infringe, as described in paragraph (5) of this section. (c) Falsifying business records is a class A misdemeanor. Laws, c. 267, In the story above, the Trespassing charge given to the man would depend on his reason for being in the building, and whether it could be proven he had an intent to commit another crime while there. Possession of burglars tools or instruments facilitating theft; class F felony. 907C. Theft; indictment and proof. 903A. (e) For the purpose of calculating the amount of the loss to the home buyer, the loss shall be deemed to be the lesser of the total of all payments actually made by the home buyer or the cost to the home buyer to complete the new home construction according to the terms of the original new home construction contract, whether or not said new home is actually completed. 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. (9) Forfeiture of unlawful telecommunication or access devices. Larceny of livestock; penalty. (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. (2) Publication means distribution to a person other than the protected individual. Laws, c. 120, 78 Del. (c) A person convicted of violating this section shall be subject to a fine of not more than $500 for each violation, or imprisonment for not more than 6 months for all violations, or both. 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. (e) The following 3 factors, if established by the rentee by a preponderance of the evidence, shall constitute an affirmative defense to prosecution for theft, that the rentee: (1) Accurately stated the rentees name, address and other material items of identification at the time of the rental; (2) Failed to receive the rentors notice personally due in no significant part to the fault of the rentee; and. 908. b. Fraud in insolvency; class A misdemeanor. No Internet/interactive service provider shall be liable for merely transmitting an unsolicited, bulk commercial electronic mail message in its network. In addition, knowledge that property has been acquired under circumstances amounting to theft shall be presumed in the case of a person or dealer who acquires it for a consideration, when such property consists of traffic signs, other traffic control devices or historical markers and the acquisition is not accompanied by a written authorization for the propertys disposition from the Department of Transportation, Department of State or other entity which owns the property. 908. 917. (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. (3) Videotape distributor means a person who sells or rents videotapes. Laws, c. 135, Possession of forgery devices; class G felony. 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. 1, 75 Del. (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. A person may be convicted of the crime which the person has in fact committed. A. Is an intermediary in sending and receiving electronic mail; and. 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. (8) Perform any other act which is calculated to harm another person materially with respect to the persons health, safety, business, calling, career, financial condition, reputation or personal relationships. (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. Conditional discharge for issuing a bad check as first offense. Deceptive business practices are a class A misdemeanor. Laws, c. 126, (d) A conviction is not required for an act of presenting or causing presentation of a fraudulent health-care claim to be used in prosecution of a matter under this section, including an act used as proof of a pattern as defined in paragraph (b)(3) of this section. [and the premises have been classified by the 2, 74 Del. Arson in the third degree is a class G felony. i was walking near railroad tracks with friends and then a cop saw us and stopped us. (e) Definitions. (2) The person knows of circumstances which render the presence of another person not an accomplice therein a reasonable possibility. (2) Any person knowingly pretends to have been a driver of 1 of the vehicles involved in the accident. This section shall not apply to those situations involving debt adjusting incurred incidentally in the lawful practice of law in this State, nor shall anything in this section be construed to apply to any provider which is licensed under Chapter 24A of Title 6. 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. 106, 941. A person commits the crime of burglary in the third degree if he/she knowingly enters or remains unlawfully in a dwelling with the intent to commit a crime therein. Intention and ability to meet obligations as affirmative defense. 1, 67 Del. (3) Computer means a programmable, electronic device capable of accepting and processing data. 861. Chad Lang, 49, of Saratoga Springs, was charged Jan. 11 with criminal trespass. (a) Prohibited acts. (2) Health-care fraud is a class D felony if the elements of subsection (a) of this section are met and if: a. Laws, c. 350, (d) Upon conviction, the sentencing judge shall require full restitution to the victim for any monetary losses suffered and shall consider the imposition of community service and/or an appropriate curfew for a minor. 913A. 2, 75 Del. Any disclosure made under summons or subpoena to appropriately authorized law enforcement personnel; 3. A person is guilty of a violation of this section if the person knowingly: (1) Manufactures, assembles, distributes, possesses with intent to distribute, transfers, sells, promotes, offers or advertises for sale, use or distribution any unlawful telecommunication device or modifies, alters, programs or reprograms a telecommunication device: a. 851. 860. 8, 13, 68 Del. (3) Retail value means the counterfeiters regular selling price for the item or service bearing or identified by the counterfeit mark. New York Penal Law Section 140.15 - Criminal Trespass in the Second Degree Laws Part 3, Specific Offenses; Title I, Offenses Involving Damage to and Intrusion Upon Property; Article 140, Burglary and Related Offenses; Section 140.15, Criminal Trespass in the Second Degree. b. 1, 75 Del. (a) A person is guilty of issuing a bad check when the person issues or passes a check knowing that it will not be honored by the drawee. (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. One example of the crime would be (d) Civil action. A person is guilty of the computer crime of misuse of computer system information when: (1) As a result of accessing or causing to be accessed a computer system, the person intentionally makes or causes to be made an unauthorized display, use, disclosure or copy, in any form, of data residing in, communicated by or produced by a computer system; (2) That person intentionally or recklessly and without authorization: a. Alters, deletes, tampers with, damages, destroys or takes data intended for use by a computer system, whether residing within or external to a computer system; or. 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