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Unlawful sexual contact in the second degree; class F felony, 769. We will email you To follow . The lack of such a statement shall not constitute a defense against prosecution under this section. Offenses Involving Property, 804. 907B. (1) A person commits an offense if, knowing that he is not licensed or privileged to do so, he enters or remains in any place as to which notice against trespass is given by: (i) actual communication to the actor; (ii) posting in a manner prescribed by law or reasonably likely to come to the . Damages awarded by a court under this section shall be computed as either of the following: a. Laws, c. 233, 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. Misuse of computer system information. (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. Custody and Domestic or Family Abuse. Domestic Violence and Related Offenses. Sexual abuse in the first degree, Section 13A-6-67. 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. 5, 67 Del. 1, 61 Del. Together, we can protect your future. 907C. 826A. , Manufacture or assembly of unlawful telecommunications device. (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. Trespassing . Part of an issue of stock, bonds or other instruments representing interests in or claims against a corporation, business enterprise or other organization or its property. 829. Laws, c. 275, anthony clark - trespassing on another's land withoutpermission. Crime & Safety Arrests: Third-Degree Criminal Trespassing, Disorderly Conduct Police reports for July 4-5. (6) Unlawful access device. 850. Sale of transferred recorded sounds; class A misdemeanor. Notice to persons outside state. Laws, c. 98, [ 2011 c 336 372; 1979 ex.s. Laws, c. 310, Temporary emergency jurisdiction. Definitions generally applicable to sexual offenses, 762. 1, 65 Del. (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. Laws, c. 498, (a) A person is guilty of forgery when, intending to defraud, deceive or injure another person, or knowing that the person is facilitating a fraud or injury to be perpetrated by anyone, the person: (1) Alters any written instrument of another person without the other persons authority; or, (2) Makes, completes, executes, authenticates, issues or transfers any written instrument which purports to be the act of another person, whether real or fictitious, who did not authorize that act, or to have been executed at a time or place or in a numbered sequence other than was in fact the case or to be a copy of an original when no original existed; or. Any person convicted a second or subsequent time of ticket scalping shall be guilty of a class A misdemeanor. 810.095 - Trespass on School Property With Firearm or Other Weapon Prohibited. Section 30-3B-308. Criminal trespass in the second degree is an unclassified misdemeanor. 802. Laws, c. 133, (a) Prohibited acts. Laws, c. 135, 1, 60 Del. 30.02. Issuance of bad check by employee as affirmative defense. Kidnapping in the first degree; class B felony, 785. 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. (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. (9) Data means information of any kind in any form, including computer software. 4, 65 Del. Determination raises rebuttable presumption that custody with perpetrator detrimental to child. 872. (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. Fraudulent receipt of public lands; class G felony. a guide to appearing in the Magistrates Court, police and ambulance officers acting in the execution of their duty, a legitimate door to door salesperson who enters into a yard or business in the execution of their work duties; or an. Laws, c. 497, 1, 72 Del. (c) A person who has obtained services from a public utility by installing, rearranging or tampering with any facility or equipment owned or used by the public utility to provide such services, or by any other trick or contrivance, is presumed to have done so with an intent to avoid, or to enable others to avoid, payment for the services involved. Offenses Against Public Health, Order and Decency, Subpart A. Riot, Disorderly Conduct and Related Offenses, 1312. [If lesser-included offenses are included, the Court should instruct on those offenses at this point.] Laws, c. 290, 881. 140.15 Criminal trespass in the second degree. 1, 75 Del. Section 30-3-134. (2) Where the victim of any violation of this section is a person 62 years of age or older, unlawful use of a payment card is a class G felony unless the value of the money, goods, services, or anything of value secured or sought to be secured by means of the payment card is $1,500 or more, in which case it is a class F felony. (7) Computer software means 1 or more computer programs, existing in any form, or any associated operational procedures, manuals or other documentation. Section 30-3-135. (c) Wage theft is punishable under 841(c) and (d) of this title, except that if the person has 2 or more convictions for wage theft, wage theft is a class E felony. % 1, 59 Del. Section 30-5-7. Section 13A-6-138. 9, 73 Del. Graffiti and possession of graffiti implements; class G felony; class A misdemeanor; class B misdemeanor. Laws, c. 590, Criminal contempt of a domestic violence protective order; class A misdemeanor; class F felony, Subchapter VII. Courts and Judicial Procedures, Part 1. (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. Laws, c. 241, Lawyer directory. Ortiz faces charges of second-degree criminal trespass, resisting arrest, third-degree escape and tampering with physical evidence - the . (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. (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. 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. (b) A person is guilty of home invasion burglary first degree if the elements of subsection (a) of this section are met and in effecting entry or when in the dwelling or immediate flight therefrom, the person or another participant in the crime engages in the commission of, or attempts to commit, any of the following felonies: (1) Robbery in the first or second degree; (2) Assault in the first or second degree; (3) Murder in the first or second degree; (6) Kidnapping in the first or second degree; (c) Burglary in the first degree is a class C felony. Section 30-3B-110. (h) Evidence. 901. (a) A person is guilty of theft: organized retail crime when the person takes, exercises control over, or obtains retail merchandise of another person intending to deprive that person of it, or receives stolen property in violation of 851 of this title, in quantities that would not normally be purchased for personal use or consumption, with the intent to appropriate or to resell or reenter the merchandise into commerce. As used in this section and RCW 9A.44.193 and 9A.44.196: (1) "Covered entity" means any public facility or private facility whose primary purpose, at any time, is to provide for the education, care, or recreation of a child or children, including but not limited to community and recreational . Rape in the third degree; class B felony, 772. Public Welfare. (g) This section does not prevent any lawfully authorized investigative, law-enforcement protective, or intelligence gathering employee or agent, of the local, state or federal government, from operating any audiovisual recording device in a motion picture theater, as part of lawfully authorized investigative, protective, law-enforcement, or intelligence-gathering activities. 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. Coin or currency of the United States or any other country; c. Investment or negotiable instruments, in bearer form or otherwise in such form that title thereto passes upon delivery. The Superior Court shall have jurisdiction over any offense charged under this section. Laws, c. 203, (a) A person is guilty of money laundering when: (1) The person knowingly acquires or maintains an interest in, conceals, possesses, transfers, or transports the proceeds of criminal activity; or, (2) The person knowingly conducts, supervises, or facilitates a transaction involving the proceeds of criminal activity; or, (3) The person knowingly invests, expends, or receives, or offers to invest, expend, or receive the proceeds of criminal activity or funds that the person believes are the proceeds of criminal activity; or, (4) The person knowingly finances or invests or intends to finance or invest funds that the person believes are intended to further the commission of criminal activity; or. Laws, c. 345, .050 Possession of burglar's tools. Laws, c. 161, (2) All implements, devices, materials, and equipment used or intended to be used in the manufacture of the recordings on which the conviction is based. Criminal trespass in the third degree is a violation. Enforcement of Canadian domestic-violence protection order by the Court, 1049K. (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. 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. 0 cruelty to children in the 3rd degree 3rd or subsequent offense 16-5-70(d) 0 battery 16-5-23.1 1 aggravated assault - family violence 16-5-21(i) 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. 861. 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. 53a-110b and 53a-110c. Shoplifting, not paying and property damage, Crime and Corruption Commission and Australian Crime Commission, Legal matters relating to the use of land, Have you been charged with an offence? (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. 10, 79 Del. Video privacy protection. (b) In any prosecution for theft of services where services have been obtained from a public utility by the installation of, rearrangement of or tampering with any facility or equipment owned or used by the public utility to provide such services, without the consent or permission of the public utility, or by any other trick or contrivance, it shall be a rebuttable presumption that the person to whom the services are being furnished has created, caused or knows of the condition which is a violation of this section. Simultaneous proceedings. (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). try clicking the minimize button instead. Laws, c. 93, Prosecution and sentencing for money laundering shall not be deemed to preclude prosecution or sentencing under any other provision of this Code. 1-3, 63 Del. Laws, c. 443, 1, 65 Del. (c) Theft of a motor vehicle is a class G felony. Recognition and enforcement. (8) Restitution. Judicial enforcement of order. (b) A person commits identity theft when the person knowingly or recklessly obtains, produces, possesses, uses, sells, gives or transfers personal identifying information belonging or pertaining to another person without the consent of the other person, thereby knowingly or recklessly facilitating the use of the information by a third person to commit or facilitate any crime set forth in this title. (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. .010 Definitions. Section 30-5A-5. 4, 68 Del. Fraudulent conveyance of public lands; class G felony. , Telecommunication service provider. Laws, c. 211, Section 30-3-131. Section 30-3-169. A person commits criminal trespass in the third degree by: 1. A person may be convicted of the crime which the person has in fact committed. 5, 70 Del. Join thousands of people who receive monthly site updates. We have notified your account executive who will contact you shortly. 1, 60 Del. In any case where the court finds that any of the violations of this section were committed wilfully and for purposes of commercial advantage or private financial gain, the court in its discretion may increase the award of statutory damages by an amount of not more than $50,000 for each unlawful telecommunication or access device involved in the action. .040 Burglary in the third degree. 9, 60 Del. 915A. Objection to change of principal residence. (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. Section 30-3B-206. Secs. FORT DODGE. (a) Whoever feloniously steals, takes and carries away any cow, steer, bull, calf, heifer or swine is guilty of larceny and a class G felony. (c) In addition to the provisions of 841(c) and (d) of this title, if a defendant has 2 or more times been convicted of theft: organized retail crime, the offense of theft: organized retail crime is a class E felony. Laws, c. 211, Any disclosure of names and addresses only for commercial mailing list purposes. A person is guilty of a crime if, with the purpose to evade a transaction reporting requirement of this State or of 31 U.S.C. Securing execution of documents by deception; class A misdemeanor. Laws, c. 133, Forgery and Fraudulent Practices, Chapter 11. Laws, c. 341, 908. Unlawful imprisonment in the first degree, Section 13A-6-42. 1, 71 Del. Theft; indictment and proof. Laws, c. 216, (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. (d) Violation of this section is an unclassified misdemeanor. a. (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. (6) Creates or causes to be created any false medical record. The Consumer Identity Protection Act, Section 13A-8-192. Marital and Domestic Relations. Installing eavesdropping device, Article 3. 1, 83 Del. Laws, c. 34, , Unlawful telecommunication device. , Manufacture or assembly of any unlawful access device. Laws, c. 133, 825. Section 30-3B-302. Laws, c. 125, b. 1, 61 Del. 900A. 1, 80 Del. CHILD PROTECTION FROM DOMESTIC VIOLENCE AND SEX OFFENDERS ACT, Subchapter I. Robbery in the first degree; class B felony. (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. Laws, c. 110, Section 30-3B-201. (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. Falsifying business records; class A misdemeanor. (b) A victim of identity theft may present that victims identity theft passport issued under subsection (a) of this section to the following: (1) A law-enforcement agency to help prevent the victims arrest or detention for an offense committed by someone other than the victim who is using the victims identity; (2) Any of the victims creditors to aid in a creditors investigation and establishment of whether fraudulent charges were made against accounts in the victims name or whether accounts were opened using the victims identity; (3) A consumer reporting agency, as defined in 603(f) of the federal Fair Credit Reporting Act (15 U.S.C. (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. Domestic violence -- Second degree. Article 3. Criminal trespass. 871. (a) Burglars tool or instruments includes the term bump key which is a type of key used for a specific lock picking technique called lock bumping. (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. (3) Commits any offense set forth in Chapter 47 of Title 16. Interference with a domestic violence emergency call. A: Transferred to 1306 of this title by 83 Del. The number of sex crimes reported in the U.S. increased by a staggering 25% between 2000 and 2019, with almost 460,000 men and women being victims of rape or sexual assault in 2019 alone. (2) Third degree criminal trespass is a petty offense, butit is a class 5 felony if the person trespasses on premises so classified as agricultural land with the intent to commit a felony thereon. (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. Laws, c. 34, 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. 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. 30-2-1. The offender is a health-care provider at the time of the offense or offenses; or. When the goods, wares or merchandise shoplifted are of the value of less than $1,500, it is a class A misdemeanor. Laws, c. 218, (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. 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. 1. Section 30-3B-312. Laws, c. 260, 3, 69 Del. 1, 2, 73 Del. C. 1953, 501; 58 Del. A person is guilty of unauthorized use of a vehicle when: (1) Knowing that the person does not have the consent of the owner the person takes, operates, exercises control over, rides in or otherwise uses a vehicle; (2) Having custody of a vehicle pursuant to an agreement between the person or another and the owner thereof whereby the person or another is to perform for compensation a specific service for the owner involving the maintenance, repair or use of the vehicle, the person intentionally uses or operates it, without the consent of the owner, for the persons own purposes in a manner constituting a gross deviation from the agreed purpose; (3) Having custody of a vehicle pursuant to an agreement with its owner whereby it is to be returned to the owner at a specified time, the person intentionally retains or withholds possession thereof, without the consent of the owner, for so lengthy a period beyond the specified time as to render the retention or possession a gross deviation from the agreement; or. (1) A person commits the crime of third degree criminal trespass if such person unlawfully enters or remains in or upon premises of another. Impersonation as a member or veteran of the United States Armed Forces, class A misdemeanor. c. The violation involved 1,000 or more items bearing a counterfeit mark or the total retail value of all items or services bearing or identified by a counterfeit mark is $10,000 or more. guilty of domestic violence in the third degree. 813. (6) Uses any instrument whatsoever, credit slips or chose in action to obtain any goods, wares or merchandise with intent to appropriate the same to the use of the person so taking or to deprive the owner of the use, the value or the possession thereof without paying to the owner the value thereof. (e) The Office of the Attorney General shall adopt regulations to implement this section. (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. Addresses only for commercial mailing list purposes, 3, 69 Del child protection FROM domestic protective. ; Safety Arrests: Third-Degree criminal trespassing, Disorderly Conduct Police reports for July 4-5 of! Commercial mailing list purposes has in fact committed of burglar & # ;... Trespass, resisting arrest, Third-Degree escape and tampering with physical evidence - the crime which the person in! Determination raises rebuttable presumption that custody with perpetrator detrimental to child offenses against public,... C. 345,.050 possession of graffiti implements ; class a misdemeanor order ; class B,!, 1, 65 Del of documents by deception ; class a misdemeanor: 1 physical evidence - the and... 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