878.
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. is there any defense (c) Violation of this section shall constitute a class G felony. Fraud in insolvency; class A misdemeanor. Falsifying business records; class A misdemeanor. (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. 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. (d) Violation of this section is an unclassified misdemeanor. Laws, c. 211,
(1) Except as provided in paragraphs (d)(2) and (3) of this section, a violation of this section constitutes a class A misdemeanor. (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. 840A. (b) A person is guilty of new home construction fraud who, with the intent specified in 841 of this title, enters into a new home construction contract and: (1) Uses or employs any false pretense or false promise as those acts are defined in 843 and 844 of this title; or, (2) Receives payments and intentionally fails to use said payment or payments for the purpose or purposes identified in the new home construction contract and/or diverts said payment or payments to a use or uses other than the erection, installation or construction of the dwelling identified therein; or. Identity theft passport; application; issuance.
(b) This section applies only to receipts that are electronically printed and does not apply to transactions in which the sole means of recording the credit or debit card number is by handwriting or by an imprint or copy of the credit or debit card. Laws, c. 34,
(d) Amounts involved in unlawful use of a payment card pursuant to 1 scheme or course of conduct, whether from the same issuer or several issuers, may be aggregated in determining whether such unlawful use constitutes a class A misdemeanor or a class G felony under this section. 913. Upon election by the complaining party at any time before final judgment is entered, that party may recover in lieu of actual damages an award of statutory damages of between $250 to $10,000 for each unlawful telecommunication or access device involved in the action, with the amount of statutory damages to be determined by the court as the court considers just. Under our law, a person is guilty of Criminal Trespass in the Third Degree when that person knowingly enters For the purpose of this section, gain means the amount of money or the value of property or computer services or other consideration derived. (9) Trade secret shall mean trade secret as defined in 2001 of Title 6.
Laws, c. 338,
Unauthorized use of a vehicle is a class A misdemeanor. Examples of the Crime There are many different examples of criminal trespass in the third degree. Laws, c. 316,
(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. Issuing a false certificate is a class G felony. 941. Whoever commits theft of property from a cemetery shall be guilty of a class A misdemeanor. (f) Prosecution under this section does not preclude prosecution or sentencing under any other section of this Code.
811. A person is guilty of criminal impersonation when the person: (1) Impersonates another person and does an act in an assumed character intending to obtain a benefit or to injure or defraud another person; or, (2) Pretends to be a representative of some person or organization and does an act in a pretended capacity with intent to obtain a benefit or to injure or defraud another person; or. Laws, c. 134,
Deceptive business practices; class A misdemeanor. Webcriminal trespass in the third degree. Laws, c. 215,
Possession of forgery devices; class G felony. Laws, c. 260,
1, 76 Del. (5) Telecommunication service provider. 8, 70 Del. (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. Theft includes the acts described in this section, as well as those described in 841A-846 of this title.
Laws, c. 590,
Laws, c. 260,
(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. (c) In addition to any other penalty provided by law for violation of this section, the court shall require a person convicted of a violation of this section to make restitution to the party or parties who suffered loss as a result of such forgery. (b) Any person who knowingly, wilfully, and with the intent to defraud, possesses a reencoder, or who knowingly, wilfully, and with intent to defraud, uses a reencoder to place encoded information on the computer chip or magnetic strip or stripe of a payment card or any electronic medium that allows an authorized transaction to occur, without the permission of the authorized user of the payment card from which the information is being reencoded is guilty of a class D felony. Tampering with public records in the second degree is a class A misdemeanor.
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 (3) Structures or assists in structuring, or attempts to structure or assist in structuring, any transaction with one or more financial institutions, including a video lottery facility, foreign or domestic money transmitters or an authorized delegate thereof, check cashers, persons engaged in a trade or business or any other individuals or entities required by state or federal law to file a report regarding currency transactions or suspicious transactions. 1, 61 Del. Any unauthorized reproduction or copy of intellectual property. (2) Health-care benefit program means any plan or contract, whether public or private, under which any medical benefit, equipment, medication or service is provided to any individual.
2, 64 Del. (h) Evidence. (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.
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. Sale of transferred recorded sounds; class A misdemeanor. Tampering with public records in the first degree; class E felony. Web(a) A person in lawful possession of land or tangible, movable property is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to prevent or terminate the other's trespass on the land or unlawful interference with the property.
c. The communications transmission facilities and devices used to interconnect computational equipment, along with control mechanisms associated thereto. (3) The loss to the home buyer is $100,000 or more, in which case it is a class B felony. (3) A person shall be guilty of a class D felony if: a. (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). If a person is convicted of a violation of 922 of this title, the court in its sentencing order shall order the forfeiture and destruction or other disposition of: (1) All articles on which the conviction is based; and. 1, 76 Del. It Doesnt Mean Youre Guilty. For an offense that was committed pursuant to paragraph (a)(3) of this section and the deadly weapon was a firearm, and within 7 years of the date of a previous conviction for robbery in the first degree or if the conviction is for an offense that was committed within 7 years of the date of termination of all periods of incarceration or confinement imposed pursuant to a previous conviction for robbery in the first degree, whichever is the later date.
WebCriminal trespass in the second degree. 826A.
Improper labeling; class G felony. 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.
Laws, c. 344,
1. repealed by 82 Del.
Laws, c. 106,
The Superior Court shall have jurisdiction over any offense charged under this section. Fraudulent conveyance of public lands; class G felony. (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.
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. (a) A person who, with intent to cheat or defraud another, possesses, uses, transfers, makes, alters, counterfeits or reproduces a retail sales receipt or Universal Product Code Label is guilty of an offense under this section. 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. Insurance fraud; class G felony. 1, 72 Del. A pharmacy, hospital or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a controlled or noncontrolled substance in the course of professional practice or research in this State.
2, 75 Del. Laws, c. 439,
(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. (3) A violation of this section constitutes a class E felony if: a. Whenever criminal mischief is committed upon more than one item of property at A person who commits a trespass while hunting deer, other than a farm deer as (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.
(3) Notwithstanding paragraphs (d)(1) and (2) of this section: a.
(a) A person is guilty of burglary in the first degree when the person knowingly enters or remains unlawfully in an occupied dwelling with intent to commit a crime therein. Laws, c. 133,
1, 82 Del. 909. 3, 72 Del. 907. (4) Obtain means to bring about or receive a transfer or purported transfer of any interest in property, whether to the defendant or to another person. 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. 1, 2, 73 Del.
Unrequested or unauthorized electronic mail or use of network or software to cause same. 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. 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.
(16) Originating address or originating account means the string used to specify the source of any electronic mail message (e.g. 78 Del. 2. February 27, 2023 By scottish gaelic translator By scottish gaelic translator Laws, c. 211,
Laws, c. 222,
937. (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. (c) If any act performed in furtherance of the offenses set out in 932-938 of this title occurs in this State or if any computer system or part thereof accessed in violation of 932-936 of this title is located in this State, the offense shall be deemed to have occurred in this State. 1, 2, 75 Del. (b) Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against the person and shall simultaneously with said discharge and dismissal submit to the State Bureau of Identification pursuant to Chapter 85 of this title the disposition specifying the name of the person and the nature of the proceedings which dispositional information shall be retained by the State Bureau of Identification in accordance with its standard operating procedures. (4) A material fact is a fact that a reasonable person would consider important when purchasing a home improvement of the variety being offered. 1, 70 Del.
(c) A second or subsequent violation of this section involving 100 or more improperly labeled sound recordings, or in which the second or subsequent violation plus any and all prior violations of this section added together involve 100 or more improperly labeled sound recordings, shall constitute a class F felony. 832. (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. (a) Whenever any person who has not previously been convicted of issuing or passing a bad check under 900 of this title or under any statute of the United States or of any state relating to the issuing or passing of bad checks pleads guilty to issuing or passing a bad check in violation of 900 of this title in an amount under $1,500 at the time of arraignment, the court without entering a judgment of guilt and with the consent of the accused may defer further proceedings and place the accused on probation upon terms and conditions, which terms and conditions shall include payment of full restitution in the amount of the check plus any reasonable service fee in connection therewith to the victim of the offense and payment to the State of any court costs associated with the offense. Failure to promptly cease electronic communication upon request. 893. A person is guilty of deceptive business practices when in the course of business the person knowingly or recklessly: (1) Uses or possesses for use a false weight or measure, or any other device for falsely determining or recording any quality or quantity; or, (2) Sells, offers or exposes for sale, or delivers less than the represented quantity of any commodity or service; or, (3) Takes or attempts to take more than the represented quantity of any commodity or service; or, (4) Sells, offers or exposes for sale adulterated or mislabeled commodities. The crime of criminal trespass in the third degree specifically refers to trespassing in a controlled area, which includes any property that is gated, a school, a housing project, or even a rail yard. Laws, c. 430,
S 140.25 Burglary in the second degree. (c) Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. Intention and ability to meet obligations as affirmative defense. (7) Notifies any other person that the other person has won a prize, received an award or has been selected or is eligible to receive anything of value if the other person is required to respond through the use of a 900 service telephone number or similar service number. Debt adjusting; class B misdemeanor. Theft; indictment and proof. Chad Lang, 49, of Saratoga Springs, was charged Jan. 11 with criminal trespass. Trademark counterfeiting. (1) A person commits the crime of third degree criminal trespass if such person unlawfully enters or remains in or upon (c) Independent of or in conjunction with an action under subsection (a) of this section, any person who suffers any injury to person, business or property may bring an action for damages against a person who is alleged to have violated any provision of 932-938 or 9616A of this title. (b) The term audiovisual recording function means the capability of a device to record or transmit a motion picture or any part thereof by means of any technology now known or later developed. Issuing a bad check; class A misdemeanor; class G felony. Webcriminal trespass in the third degree. 853. Unlawful telecommunication device also means: a. or 31 C.F.R.
WebThe (specify) count is Criminal Trespass in the Third Degree. 1, 70 Del. Laws, c. 260,
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. 125,
The defendant has been convicted previously under this section or convicted of any similar crime in this or any Federal or other state jurisdiction; or. Laws, c. 475,
Prosecution and sentencing for money laundering shall not be deemed to preclude prosecution or sentencing under any other provision of this Code. Laws, c. 240,
Criminal impersonation, accident related, is a class G felony.
4, 70 Del. (6) Separate offenses. 8, 74 Del. 5, 59 Del. The regulations must include a procedure by which the Office of the Attorney General is reasonably assured that an identity theft passport applicant has an identity theft claim that is legitimate and adequately substantiated. (7) Fines. 1-3, 77 Del. 1, 82 Del. Laws, c. 126,
Remedies of aggrieved persons. 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. 147,
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