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. Any unauthorized reproduction or copy of intellectual property. February 27, 2023 alexandra bonefas scott No Comments . Laws, c. 400, 891. Laws, c. 133, (a) Prohibited acts. (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. (a) A person is guilty of burglary in the second degree when the person knowingly enters or remains unlawfully in a dwelling with intent to commit a crime therein. 1, 82 Del. 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. S 140.20 Burglary in the third degree. 841C. Laws, c. 211, (2) Possession of graffiti implements is a class B 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. (2) Offenses involving the unlocking, overriding, or disabling of a security device without authorization, (3) Offenses involving forcible breaking or opening of safes, vending machines, automatic teller machines, lock boxes, gates, doors or any container or depositories of property, or. WebBURGLARY AND CRIMINAL TRESPASS Sec.A30.01.AADEFINITIONS. (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. 822. 1, 76 Del. Laws, c. 133, Laws, c. 443, 1, 70 Del. Laws, c. 97, 1, 60 Del. 852. (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. (f) Nothing in this section shall preclude prosecution under any other provision of law. 1, 71 Del. 1, 70 Del. Health-care fraud; class B felony; class D felony; class G felony. . 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. Laws, c. 130, A person is guilty of fraudulent receipt of public lands when the person records any deed or other written instrument purporting to transfer to the person an interest in land any part of which is public lands of this State, when such person at the time of recording knows that the transferor had no legal or equitable interest in the land described in said instrument. b. Laws, c. 252, Laws, c. 260, Vehicle prowling in the second degree. Laws, c. 133, 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. 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. Laws, c. 341, (i) 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 gain unlawful entry into or upon premises or a possible attempt to unlock, bypass or otherwise disable a lock. (c) Falsifying business records is a class A misdemeanor. Examples of the Crime There are many different examples of criminal trespass in the third degree. 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. (3) Retail value means the counterfeiters regular selling price for the item or service bearing or identified by the counterfeit mark. (a) A person is guilty of robbery in the first degree when the person commits the crime of robbery in the second degree and when, in the course of the commission of the crime or of immediate flight therefrom, the person or another participant in the crime: (1) Causes physical injury to any person who is not a participant in the crime; or, (2) Displays what appears to be a deadly weapon or represents by word or conduct that the person is in possession or control of a deadly weapon; or, (3) Is armed with and uses or threatens the use of a dangerous instrument; or, (4) Commits said crime against a person who is 65 years of age or older; or. Burglary in the second degree; class D felony. 1, 82 Del. Laws, c. 497, 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. Issuing a bad check is a class A misdemeanor unless the amount of the check is $1,500 or more, in which case it is a class G felony. 1, 74 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. Burglary in the third degree; class F felony. 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. Webthe offense of domestic violence in the third degree, then you cannot find the defendant guilty of domestic violence in the third degree. (c) It is a defense that the defendant has a reasonable ground to believe that the defendant has a right to engage in the conduct set forth in subsection (a) of this section. Issuance of bad check by employee as affirmative defense. This section shall not apply to electronic mail that is sent between human beings, or when the individual has requested said information. (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. (3) Telecommunications device. Use or possession of electric or electronic incapacitation device. (3) Receives payment or payments and fails to provide that persons own true name or provides a false name, address or phone number of the business offering said new home construction services. (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. Laws, c. 252, Definitions relating to carjacking [Repealed]. (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. Proof of any conduct constituting theft is sufficient to support an indictment or information charging theft, provided that the conduct proved is sufficiently related to the conduct charged that the accused is not unfairly surprised by the case the accused must meet. (e) Notwithstanding any provision of this section or Code to the contrary, any person convicted of home invasion burglary first degree as defined in subsection (b) of this section, shall receive a minimum sentence of 6 years at Level V. (f) The sentencing provisions applicable to this section apply to the attempted burglary in the first degree as well as attempted home invasion burglary in the first degree. Laws, c. 501, Laws, c. 260, 858. (2) Dealer means a person in the business of buying, selling or lending on the security of goods. (c) A person possesses shoplifting tools or instruments facilitating theft under circumstances evincing an attempt to use or knowledge that some other person intends to use such when the person possesses the tools or instruments at a time and a place proximate to the commission or attempt to commit a shoplifting offense or otherwise under circumstances not manifestly appropriate for what lawful uses the tools or instruments may have. (2) Without lawful authority does any act intended to create or reinforce a false impression that the person is a police officer, firefighter, emergency medical technician (EMT), paramedic or fire police. .050 Possession of burglar's tools. 1, 73 Del. i was walking near railroad tracks with friends and then a cop saw us and stopped us. Laws, c. 377, 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 (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. 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. Use Notes Upon a claim of common-law marriage, it may be necessary to provide further instruction. (b) In any prosecution for receiving stolen property or receiving a stolen firearm, it is no defense that the accused is in fact guilty of theft or theft of a firearm. b. (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. Reckless burning or exploding; class A misdemeanor. Forgery and related offenses; definition. 3, 72 Del. A person is guilty of trespass when he knowingly enters or remains unlawfully in (a) Any aggrieved person who has reason to believe that any other person has been engaged, is engaged or is about to engage in an alleged violation of any provision of 932-938 or 9616A of this title may bring an action against such person and may apply to the Court of Chancery for: (1) An order temporarily or permanently restraining and enjoining the commencement or continuance of such act or acts; (3) An order directing the appointment of a receiver. Theft; indictment and proof. (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. (b) A person committing any of the crimes described in 932-938 of this title is guilty in the second degree when the damage to or the value of the property or computer services affected exceeds $5,000. (b) The Court may award the relief applied for or such other relief as it may deem appropriate in equity. (b) Reckless burning or exploding shall be punished as follows: (1) Where the total amount of pecuniary loss caused by the burning or exploding, when totaled for all victims, is less than $1,500, such burning or exploding shall be a class A misdemeanor. 1, 2, 75 Del. A person is guilty of criminal trespass in the third degree when the person knowingly enters or remains unlawfully upon real property. Interference with levied-upon property; class A misdemeanor. 802. b. Interrupts or adds data to data residing within a computer system; (3) That person knowingly receives or retains data obtained in violation of paragraph (1) or (2) of this section; or. 908. (2) The rentees last known address if later furnished in writing by the rentee or the rentees agent. (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. For purposes of this section, property shall include the use of vehicles or other movable property. 1, 77 Del. 906.
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