(c) For the purposes of this section, statement includes, but is not limited to, a police report, any notice, statement, proof of loss, bill of lading, receipt for payment, invoice, account, estimate of property damages, bill for services, diagnosis, prescription, hospital or doctor records, X rays, test result or other evidence of loss, injury or expense; insurer shall include, but is not limited to, a health service corporation or health maintenance organization; and insurance policy shall include, but is not limited to, the subscriber and members contracts of health service corporations and health maintenance organizations. Laws, c. 408, 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. WebBurglary Third Degree (Dwelling) The defendant is charged with burglary in the third degree. Bribe receiving; class A misdemeanor. Any disclosure made to a collection agency or person designated by the videotape distributor for the purpose of collecting an unreturned videotape or an amount equal to the value of the unreturned videotape; or. Unlawful telecommunication device also means: a. Laws, c. 341, 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. 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 Laws, c. 133, Webcriminal trespass in the third degreemary calderon quintanilla 27 februari, 2023 / i list of funerals at luton crematorium / av / i list of funerals at luton crematorium / av Webcriminal trespass in the third degree. Defrauding secured creditors is a class A misdemeanor. Criminal trespass Defenses. b. (b) In any prosecution under this section it is an affirmative defense that no person other than the accused had a possessory or proprietary interest in the building. Laws, c. 195, (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. WebCriminal trespass in the third degree. Theft of rented property is a class A misdemeanor, unless the value of the property is $1,500 or more, in which case it is a class G felony. Possession of forgery devices is a class G felony. (a) A person committing any of the crimes described in 932-938 of this title is guilty in the first degree when the damage to or the value of the property or computer services affected exceeds $10,000. (a) A person is guilty of robbery in the second degree when, in the course of committing theft, the person uses or threatens the immediate use of force upon another person with intent to: (1) Prevent or overcome resistance to the taking of the property or to the retention thereof immediately after the taking; or. (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. 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. .070 Criminal trespass in the second degree. (e) As used in this section, the following definitions apply: (1) Reencoder means an electronic device that places encoded information from the computer chip or magnetic strip or stripe of a payment card onto the computer chip or magnetic strip or stripe of a different payment card or any electronic medium that allows an authorized transaction to occur. Selling stolen property is a class A misdemeanor, unless the value of the resold property is $1,500 or more, or unless the seller has been convicted 2 or more times of selling stolen property, in which cases it is a class G felony. b. Unlawful use of payment card; class G felony; class A misdemeanor. Laws, c. 211, 892. Theft; indictment and proof. Criminal impersonation is a class A misdemeanor. [If lesser-included offenses are included, the Court should instruct on those offenses at this point.] (a) A person is guilty of theft of rental property if the person, with the intent specified in 841 of this title, takes, destroys, converts, wrongfully withholds or appropriates by fraud, deception, threat, false token, false representation or statement, or by any trick, contrivance or other device to avoid payment for or to otherwise appropriate rental property entrusted to said person. Laws, c. 497, Laws, c. 31, 1, 70 Del. A person commits criminal trespass in the third degree by: Laws, c. 179, 861. 1, 79 Del. 1, 59 Del. (2) Intellectual property means any trademark, service mark, trade name, label, term, device, design or word adopted or used by a person to identify that persons goods or services. 14, 77 Del. 854A. (f) Structuring; avoiding a transaction reporting requirement. Plans or instructions for the manufacture or assembly of an unlawful telecommunication or access or device under circumstances evincing an intent to use or employ the unlawful telecommunication access device, or to allow the unlawful telecommunication or access device to be used, for a purpose prohibited by this section, or knowing or having reason to believe that the unlawful telecommunication or access device is intended to be so used, or that the plan or instruction is intended to be used for the manufacture of assembly of the unlawful telecommunication or access device; or. b. A first offense by an individual involving a single written instrument under this paragraph (b)(4) is forgery in the third degree, a class A misdemeanor. 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. 2779). company@sender.com); (17) Receiving address or receiving account means the string used to specify the destination of any electronic mail message (e.g. (e) Definitions relating to subsection (d) of this section. 2, 65 Del. Possession or theft of a prescription form or a pad. Defrauding secured creditors; class A misdemeanor. Laws, c. 350, Laws, c. 233, , 58 Del. Webthe offense of domestic violence in the third degree, then you cannot find the defendant guilty of domestic violence in the third degree. d. Part of an issue of tokens, tickets, public transportation transfers, certificates, or other articles manufactured and designed for use as symbols of value usable in place of money for the purchase of property or services. Video privacy protection. (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. 337, (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. A person is guilty of debt adjusting if the person makes a contract, either express or implied, with a particular debtor, whereby the debtor agrees to pay a certain amount of money periodically to the person engaged in the debt-adjusting business who shall, for a consideration, distribute the same among certain specified creditors in accordance with a plan agreed upon. 1, 70 Del. 3, 77 Del. (4) Misrepresents or fails or refuses to disclose to the receiver or administrator the existence, amount or location of any part of or any interest in the debtors estate, or any other information which the person is legally required to furnish to the administrator. (1) Except as provided in paragraphs (d)(2) and (3) of this section, a violation of this section constitutes a class A misdemeanor. Laws, c. 133, The defendant has previously been convicted under this section; or. Criminal impersonation; class A misdemeanor. Laws, c. 106, (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. Interference with levied-upon property is a class A misdemeanor. A person is guilty of tampering with public records in the first degree when, with intent to defraud, and 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. (d) Penalties. (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. (6) Property means anything of value except land, and includes things growing on, affixed to or found in land such as topsoil, sand, minerals, gravel and the like, documents although the rights represented thereby have no physical location, contract rights, trade secrets, choses in action and other interests in or claims to admission or transportation tickets, captured or domestic animals, food, drink and electric or other power. 848. (b) A person is guilty of home improvement fraud who enters, or offers to enter, into a home improvement contract as the provider of home improvements to another person, and who with the intent specified in 841 of this title: (1) Uses or employs any false pretense or false promise as those acts are defined in 843 and 844 of this title; (2) Creates or reinforces a persons impression or belief concerning the condition of any portion of that persons dwelling or property involved in said home improvement contract knowing that the impression or belief is false; (3) Makes any untrue statement of a material fact or omits to state a material fact relating to the terms of the home improvement contract or the existing condition of any portion of the property which is the subject of said contract; (4) Receives money for the purpose of obtaining or paying for services, labor, materials or equipment and fails to apply such money for such purpose by: a. Criminal trespass in the third degree is a violation. (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. A person is guilty of defrauding secured creditors if the person destroys, removes, conceals, encumbers, transfers or otherwise deals with property subject to a security interest, intending to defeat enforcement of that interest. It Doesnt Mean Youre Guilty. Laws, c. 227, When the value of the property or computer services or damage thereto cannot be satisfactorily ascertained, the value shall be deemed to be $250. (10) Electronic mail or e-mail means any message that is automatically passed from an originating address or account to a receiving address or account; (11) Electronic mail service provider means any person who: a. Computer crime in the third degree is a class G felony. (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. (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. In any prosecution for falsifying business records it is an affirmative defense that the defendant was a clerk, bookkeeper or other employee who, without personal benefit, merely executed the orders of the employer or of a superior officer or employee generally authorized to direct the defendants activities. Laws, c. 271, Laws, c. 316, 8, 66 Del. WebCriminal trespass in the third degree; a violation. Laws, c. 203, (2) Any person knowingly pretends to have been a driver of 1 of the vehicles involved in the accident. Laws, c. 240, (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. 716.4 Criminalmischiefinthesecond degree. e. As part of a final judgment or decree finding a violation of this section, order the remedial modification or destruction of any unlawful telecommunication or access device involved in the violation that is in the custody or control of the violator or has been impounded under subsection (b) of this section. 902. (2) Publication means distribution to a person other than the protected individual. Reencoder and scanning devices. (3) A new home contractor means any person who offers or provides new home construction services as a general contractor or a subcontractor and shall, in addition, include, but not be limited to, an architect, engineer or real estate broker or agent. Criminal trespass in the third degree; a violation A person is guilty of criminal trespass in the third degree when the person knowingly enters or remains (c) A person committing any of the crimes described in 932-938 of this title is guilty in the third degree when: (1) The damage to or the value of the property or computer services affected is $1,500 or more; or. 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. Laws, c. 47, 3-5, 67 Del. Intention and ability to meet obligations as affirmative defense. (b) Laws, c. 425, (h) Notwithstanding this section, the value of private personal data shall be deemed to be $500. Interference with levied-upon property; class A misdemeanor. Issuance of bad check by employee as affirmative defense. (a) A person is guilty of health-care fraud when the person knowingly: (1) Presents or causes to be presented any fraudulent health-care claim to any health-care benefit program; or. 933. 6, 65 Del. Laws, c. 353, 3, 60 Del. Laws, c. 221, Laws, c. 547, 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 Any person convicted a first time of ticket scalping is guilty of a class B misdemeanor. A person is guilty of offering a false instrument for filing when, knowing that a written instrument contains a false statement or false information, and intending to defraud the State, a political subdivision thereof or another person, the person offers or presents it to a public office or a public servant with the knowledge or belief that it will be filed with, registered or recorded in or otherwise become a part of the records of the public office or public servant. Additional resources provided by the author Criminal Trespass of the 3rd Degree in AZ Any person convicted under this section shall be fined not less than $5,000 or an amount up to 3 times the retail value of the items or services bearing or identified by a counterfeit mark, whichever is greater, unless extenuating circumstances are shown by the defendant. The agency shall send a copy of the application and the supporting police report to the Office of the Attorney General. 103 et seq., or any rules or regulations adopted under those chapters and sections, the person: (1) Causes or attempts to cause a financial institution, including a video lottery facility, foreign or domestic money transmitter or an authorized delegate thereof, check casher, person engaged in a trade or business or any other individual or entity required by state or federal law to file a report regarding currency transactions or suspicious transactions to fail to file a report; or, (2) Causes or attempts to cause a financial institution, including a video lottery facility, foreign or domestic money transmitter or an authorized delegate thereof, check casher, person engaged in a trade or business or any other individual or entity required by state or federal law to file a report regarding currency transactions or suspicious transactions to file a report that contains a material omission or misstatement of fact; or. To convict, the State must prove beyond a reasonable doubt each of the following elements: (d) Robbery in the second degree is a class D felony when, in the course of committing an offense under subsection (a) of this section, the person takes possession of a motor vehicle, and while in possession or control of such vehicle, the person does any of the following: (1) Commits or attempts to commit a class D or greater felony. (a) No person shall sell, resell or exchange any ticket to any event or exhibit at a price higher than the original price on the day preceding or on the day of an event at the Bob Carpenter Sports/Convocation Center on the South Campus of the University of Delaware or of a NASCAR Race held at Dover Downs, or on any state or federal highway artery within this State. Remedies of aggrieved persons. c. The communications transmission facilities and devices used to interconnect computational equipment, along with control mechanisms associated thereto. (2) Health-care fraud is a class D felony if the elements of subsection (a) of this section are met and if: a. WebJean Santiago Rodriguez, 30, of Saratoga Springs, was charged Jan. 12 with two counts of assault in the third-degree. The Court shall have jurisdiction of all questions arising in such proceedings and may make such orders and judgments therein as may be required. (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. (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. 920. 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