2, 60 Del. A person is guilty of criminal trespass in the third degree when he knowingly enters or remains unlawfully in a building or upon real property (a) which is (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. One example of the crime would be .060 Criminal trespass in the first degree. Tampering with public records in the second degree is a class A misdemeanor. (b) The defendant may be found guilty of theft if the defendants conduct falls within any of the sections defining theft. 6, 60 Del. Laws, c. 203, (h) Notwithstanding this section, the value of private personal data shall be deemed to be $500. 4, 77 Del. (4) The offense of identity theft, such as a credit card, driver license or other document issued in a name other than the name of the person who possesses the document. b. Laws, c. 482, Theft; lost or mislaid property; mistaken delivery. A person may be convicted of both receiving stolen property and selling stolen property. WebInference of intent. (g) Seizure, forfeiture and disposition. (d) The reasonable and fair market value of the property obtained shall be utilized in determining the amount involved in the theft. Laws, c. 130, b. 1, 82 Del. 917. Webthe offense of domestic violence in the third degree, then you cannot find the defendant guilty of domestic violence in the third degree. A person commits the crime of criminal trespass in the third degree if 1, 83 Del. 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. Trespassing with intent to peer or peep into a window or door of another is a class B misdemeanor. A person commits theft when, with the intent prescribed in 841 of this title, the person obtains property of another person by means of a representation, express or implied, that the person or a third person will in the future engage in particular conduct, and when the person does not intend to engage in such conduct or, as the case may be, does not believe the third person intends to engage in such conduct. The court shall, in addition to any other sentence authorized by law, sentence a person convicted of violating this section to make restitution in the manner provided in 4106 of this title. 3, 78 Del. Laws, c. 345, 858. b. (a) Issues. A person issues a check when, as drawer thereof or as a person who signs a check as drawer in a representative capacity or as agent of the person whose name appears thereon as the principal drawer or obligor, the person delivers it or causes it to be delivered to a person who thereby acquires a right against the drawer with respect to the check. A person is guilty of the computer crime of unrequested or unauthorized electronic mail: (1) When that person, without authorization, intentionally or recklessly distributes any unsolicited bulk commercial electronic mail (commercial E-mail) to any receiving address or account under the control of any authorized user of a computer system. S 140.25 Burglary in the second degree. 2, 74 Del. Laws, c. 133, WebA person commits the crime of Third-Degree Criminal Trespass if such person unlawfully enters or remains in or upon premises of another. Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. In determining the violators profits, the complaining party shall be required to prove only the violators gross revenue, and the violator shall be required to prove the violators own deductible expenses and the elements of profit attributable to factors other than the violation; or. Unlawfully concealing a will; class G felony. Laws, c. 350, 1, 61 Del. (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. (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. 1, 70 Del. Deceptive business practices are a class A misdemeanor. (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. (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. Money laundering; class D felony. (2) Special orders of consumer goods or services. 1, 74 Del. Offering a false instrument for filing is a class A misdemeanor. 2, 70 Del. 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. (5) A new home construction contract is any agreement, whether written or oral, between a new home contractor and a home buyer whereby the new home contractor agrees to provide new home construction services in exchange for a payment of money. (a) Prohibited acts. Shoplifting is a class G felony when the goods, wares or merchandise shoplifted are of the value of $1,500 or more, or when the goods, wares or merchandise shoplifted are from 3 or more separate mercantile establishments and were shoplifted in the same or continuing course of conduct and the aggregate value of the goods is $1,500 or more. 4, 77 Del. Laws, c. 126, Charged With A Crime? 2023 Sawyer Legal Group, LLC All Rights Reserved 1, 77 Del. (f) Fine. When the value of the property or computer services or damage thereto cannot be satisfactorily ascertained, the value shall be deemed to be $250. 1, 83 Del. S 140.20 Burglary in the third degree. 2, 72 Del. (1) Fraudulent health-care claim means any statement, whether written, oral or in any other form, which is made as part of or in support of a claim or request for payment from any health-care benefit program when such statement knowingly contains false, incomplete or misleading information concerning any fact or thing material to such claim. 1, 70 Del. Laws, c. 125, Laws, c. 211, (a) A person is guilty of theft when the person takes, exercises control over or obtains property of another person intending to deprive that person of it or appropriate it. Justices of the peace shall have concurrent jurisdiction of violations of this section. S 140.20 Burglary in the third degree. Bribe receiving is a class A misdemeanor. Securing execution of documents by deception is a class A misdemeanor. Laws, c. 345, (c) When theft or any related offense is committed in violation of this title pursuant to 1 scheme or continuous course of conduct, whether from the same or several sources, the conduct may be considered as 1 offense and the value of the property or services aggregated in determining whether the theft is a felony or misdemeanor. Robbery in the first degree; class B felony. (d) Possession of shoplifters tools or instruments facilitating theft is a class F felony. (3) That the rentee (lessee) presented identification to the rentor which was materially false, fictitious or not current with respect to name, address, place of employment or other appropriate items. 6, 77 Del. [Approved 8-21-15.] 832. (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. 10, 79 Del. (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. 1. repealed by 82 Del. Robbery in the second degree; class E or D felony. Criminal trespass 3rd degree, how can i get it reduced? 2, 74 Del. 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. Read more about Third Degree Criminal Trespass. (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. 925. Class A Misdemeanors B Misdemeanor (1) Except as provided in paragraphs (d)(2) and (3) of this section, a violation of this section constitutes a class A misdemeanor. (a) A person is guilty of insurance fraud when, with the intent to injure, defraud or deceive any insurer the person: (1) Presents or causes to be presented to any insurer, any written or oral statement including computer-generated documents as part of, or in support of, a claim for payment or other benefit pursuant to an insurance policy, knowing that such statement contains false, incomplete or misleading information concerning any fact or thing material to such claim; or. 140.10 Criminal trespass 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. 933. Selling stolen property; class A misdemeanor; class G felony. Laws, c. 135, (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. Theft, extortion; claim of right as an affirmative defense. Possession of forgery devices; class G felony. Use of payment card information. 1, 68 Del. is there any defense (3) The loss to the home buyer is $100,000 or more, in which case it is a class B felony. (5) Computer program means a set of instructions, statements or related data that, in actual or modified form, is capable of causing a computer or computer system to perform specified functions. 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. 1, 64 Del. .050 Possession of burglar's tools. 6, 70 Del. (2) Drawer means the individual who makes or signs a check or other draft; (b) Subject to the provisions of subsection (c) of this section, as a condition of accepting a check or other draft as payment for consumer credit, goods, realty or services, a person may not request or record the account number of any payment card of the drawer of the check or other draft. 14, 77 Del. 922. (h) Evidence. (c) A person may not be convicted of both theft and receiving stolen property, or both theft of a firearm and receiving a stolen firearm, with regard to property appropriated in the same transaction or series of transactions. Laws, c. 133, Credit and debit card transaction receipts; unclassified misdemeanor. 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. Video privacy protection. Laws, c. 478, 1, 77 Del. Laws, c. 316, 803. Possessing instruments of crime. Laws, c. 478, (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. (2) Commercial electronic mail or commercial e-mail means any electronic mail message that is sent to a receiving address or account for the purposes of advertising, promoting, marketing or otherwise attempting to solicit interest in any good service or enterprise. (4) For any other reason use of the card is unauthorized by the issuer. Failing to substantially complete the home improvement for which the funds were provided; or, b. 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. b. Theft; indictment and proof. Has only limited commercially significant purpose or use other than to facilitate or enable the falsification of electronic mail transmission information or other routing information; or. , Manufacture or assembly of any unlawful access device. Criminal impersonation, accident related; class G felony. 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. (3) Possesses a written instrument, knowing that it was made, completed or altered under circumstances constituting forgery. (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. (6) Creates or causes to be created any false medical record. A person is guilty of the computer crime of destruction of computer equipment when that person, without authorization, intentionally or recklessly tampers with, takes, transfers, conceals, alters, damages or destroys any equipment used in a computer system or intentionally or recklessly causes any of the foregoing to occur. Laws, c. 590, 1, 77 Del. Written instrument means any instrument or article containing written or printed matter or the equivalent thereof, used for the purpose of reciting, embodying, conveying or recording information or constituting a symbol or evidence of value, right, privilege or identification. Criminal trespass in the third degree; a violation. 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. 4, 70 Del. (2) 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 G felony unless the value of the property received, retained or disposed of is $1,500 or more, in which case it is a class F felony. WebCriminal trespass in the third degree. Reencoder and scanning devices. 900A. Use Notes Upon a claim of common-law marriage, it may be necessary to provide further instruction. (b) As used in this section motor vehicle means an automobile, motorcycle, van, truck, trailer, semitrailer, truck tractor and semitrailer combination, or any other vehicle which is self-propelled, which is designed to be operated primarily on a roadway as defined in 101 of Title 21, and in, upon or by which any person or property is or may be transported. 1, 79 Del. 859. (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. Any unauthorized reproduction or copy of intellectual 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. 1, 71 Del. 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. (4) Proceeds means funds acquired or derived directly or indirectly from, produced through, or realized through an act. (4) That person uses or discloses any data which that person knows or believes was obtained in violation of paragraph (1) or (2) of this section. (a) A person is guilty of shoplifting if, while in a mercantile establishment in which goods, wares or merchandise are displayed for sale, the person: (1) Removes any such goods, wares or merchandise from the immediate use of display or from any other place within the establishment, 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 possession thereof without paying to the owner the value thereof; or, (2) Obtains possession of any goods, wares or merchandise by charging the same to any person without the authority of such person or to a fictitious person with a like intent; or, (3) Conceals any such goods, wares or merchandise with like intent; or, (4) Alters, removes or otherwise disfigures any label, price tag or marking upon any such goods, wares or merchandise with a like intent; or, (5) Transfers any goods, wares or merchandise from a container in which same shall be displayed or packaged to any other container with like intent; or. 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