A conviction for any act of presenting or causing presentation of fraudulent health-care claims, including one which may be relied upon to establish a pattern of presenting or causing presentation of a fraudulent health-care claim, does not preclude prosecution under this section. Possessing instruments of crime. Falsifying business records; defense. (2) Motor vehicle or vehicle, means its ordinary meaning and includes any watercraft. (b) Notwithstanding any provisions of this section or Code to the contrary, any person convicted of robbery in the first degree shall receive a minimum sentence of: (2) Five years at Level V, if the conviction was either of the following: a. 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. For the purpose of this section, as well as in any prosecution for theft committed by means of a bad check, it is prima facie evidence of knowledge that the check (other than a postdated check) would not be honored that: (1) The issuer had no account with the drawee at the time the check was issued; or. Money laundering; class D felony. 903. 6, 74 Del. Justices of the peace shall have concurrent jurisdiction of violations of this section. (b) Passes. A person passes a check when, being a payee, holder or bearer of a check which previously has been or purports to have been drawn and issued by another, the person delivers it, for a purpose other than collection to a third person who thereby acquires a right with respect thereto. (3) Telecommunications device. Unlawful operation of a recording device. (3) The loss to the home buyer is $100,000 or more, in which case it is a class B felony. 8, 13, 68 Del. The violation involved more than 100 but less than 1,000 items bearing a counterfeit mark or the total retail value of all items or services bearing or identified by a counterfeit mark is more than $2,000, but less than $10,000. (c) Falsifying business records is a class A misdemeanor. Web(e) For a felony of the third degree, by a term of imprisonment not exceeding 5 years. 916. (1) Manufacture or assembly of any unlawful access device. Bribery; class A misdemeanor. (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. It Doesnt Mean Youre Guilty. Multiple convictions of inchoate crimes barred. According to ARS 13-1502, third degree criminal trespass is considered to be a class 3 misdemeanor. 824. (3) Commits any offense set forth in Chapter 47 of Title 16. When the value of the property or computer services or damage thereto cannot be satisfactorily ascertained, the value shall be deemed to be $250. Laws, c. 329, 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. WebCRIMINAL TRESPASS IN THE THIRD DEGREE (Elementary or Secondary School) Penal Law 140.10(b) (Committed on or after Nov. 1, 1987) definition of unlawfully when the trespass is premised on a violation of an order of protection in order to accord with the dictates of People v Cajigas,19 NY3d 697 (2012). Laws, c. 251, (b) Possession of burglars tools or instruments facilitating theft is a class F felony. Wage theft; class E felony. Criminal mischief; classification of crime; defense. 1, 2, 60 Del. 1, 80 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) The Court may award the relief applied for or such other relief as it may deem appropriate in equity. (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. According to ARS 13-1502, third degree criminal trespass is considered to be a class 3 misdemeanor. b. 4. Criminal trespass in the third degree is a violation. 856. (3) When a person sells, gives or otherwise distributes or possesses with the intent to sell, give or distribute software which: a. (h) Premises include the term building as defined in 222 of this title, and any real property. 1, 74 Del. (d) Penalties. (d) (1) Except 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 A misdemeanor, unless the loss to the person who purchased the home improvement is $1500 or more, in which case it is a class G felony. 1. repealed by 82 Del. Where the value of the property received, retained or disposed of is more than $50,000 but less than $100,000, theft is a class D felony; b. (c) Occupied dwelling means a dwelling, and a person is lawfully present on the property at the time of the offense. Laws, c. 297, A person is guilty of trespassing with intent to peer or peep into a window or door of another when the person knowingly enters upon the occupied property or premises of another utilized as a dwelling, with intent to peer or peep into the window or door of such property or premises and who, while on such property or premises, otherwise acts in a manner commonly referred to as Peeping Tom. Any person violating this section may be referred by the court to the Delaware Psychiatric Center for examination and for treatment. (h) Notwithstanding this section, the value of private personal data shall be deemed to be $500. (13) Person means a natural person, corporation, trust, partnership, incorporated or unincorporated association and any other legal or governmental entity, including any state or municipal entity or public official. (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. 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. is there any defense 854. (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. Interruption of computer services. Laws, c. 211, For the unauthorized acquisition or theft of any telecommunication service or to receive, disrupt, transmit, decrypt, acquire or facilitate the receipt, disruption, transmission, decryption or acquisition of any telecommunication service without the express consent or express authorization of the telecommunication service provider; or. 9, 73 Del. 1, 70 Del. Extortion is a class E felony, except where the victim is a person 62 years of age or older, in which case any violation of this section shall be a class D felony. 1, 64 Del. (2) The person knows of circumstances which render the presence of another person not an accomplice therein a reasonable possibility. 1, 70 Del. Theft and related offenses; definitions. (b) A person is guilty of falsifying business records when, with intent to defraud, the person: (1) Makes or causes a false entry in the business records of an enterprise; or, (2) Alters, erases, obliterates, deletes, removes or destroys a true entry in the business records of an enterprise; or, (3) Omits to make a true entry in the business records of an enterprise in violation of a duty to do so which the person knows to be imposed by law or by the nature of the person's position; or, (4) Prevents the making of a true entry or causes the omission thereof in the business records of an enterprise; or, (5) Alters or modifies, or causes the alteration or modification of the medical record of any person; or. 2, 70 Del. (b) Knowledge of the specific nature of the criminal activity giving rise to the proceeds is not required to establish a culpable mental state under this section. 852A. 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. 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 (4) New home construction means the erection, installation or construction of a dwelling on a fixed foundation on land which is owned or purchased by a home buyer. Laws, c. 133, 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. 832. 909. (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. In the story above, the Trespassing charge given to the man would depend on his reason for being in the building, and whether it could be proven he had an intent to commit another crime while there. 821. (b) All insurance claims forms shall contain a statement that clearly states in substance the following: Any person who knowingly, and with intent to injure, defraud or deceive any insurer, files a statement of claim containing any false, incomplete or misleading information is guilty of a felony.. (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. Reencoder and scanning devices. Laws, c. 290, (b) A person is guilty of theft of a blank prescription form or pad when the person is not a practitioner as defined in this section and takes, exercises control over, obtains or receives, produces or reproduces any facsimile or counterfeit version of, or transfers, uses, gives, or sells any copies, facsimiles or counterfeit versions, a prescription form or pad of a practitioner with the intent to deprive the practitioner of the use thereof or to facilitate the commission of drug diversion. Criminal impersonation, accident related; class G felony. (b) The failure of any business or other commercial entity, prior to the completion of a transaction (other than a transaction by mail) for which a check is accepted in person by the payee as consideration for goods or services provided by the payee, to: (1) Request and inspect the persons valid drivers license or other photo identification card, which lists the persons name, address, date of birth and approximate height and weight, to validate the identity of the person presenting the check; and. 1, 73 Del. The aggrieved person shall recover actual damages and damages for unjust enrichment not taken into account in computing damages for actual loss and treble damages where there has been a showing of wilful and malicious conduct. 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. 6, 70 Del. (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. 892. Possession in addition to its ordinary meaning, includes location on or about the defendants person, premises, belongings, vehicle or otherwise within the defendants reasonable control. A deed, will, codicil, contract, release, assignment, commercial instrument, check, or other instrument which does or may evidence, create, transfer, terminate, or otherwise affect a legal right, interest, obligation, or status. Laws, c. 215, 1, 72 Del. (a) A videotape distributor may not wrongfully disclose an individual or summary listing of any videotapes purchased or rented by a protected individual from the videotape distributor. (b) 1, 70 Del. 1, 59 Del. It shall be no defense to a violation of this section that some of the acts constituting the offense occurred outside of this State. Issuance of bad check by employee as affirmative defense. Laws, c. 216, 1, effective Sept. 16, 2019. (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. 1, 72 Del. Laws, c. 133, (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. 2, 78 Del. (b) For purposes of this section, a series of wage thefts committed by a person or group of persons may be aggregated into 1 count or charge, with the sum of the aggregate loss to employees and this State being the value considered in determining the degree of wage theft. Laws, c. 438, Laws, c. 271, (3) Computer means a programmable, electronic device capable of accepting and processing data. (e) A motion picture theater owner, a supervisor, agent or employee, 18 years of age or older who detains a person pursuant to subsection (d) of this section, or who causes or provides information leading to the arrest of any person under subsection (a) of this section, shall not be held civilly or criminally liable for such detention or arrest provided they had, at the time of such detention or arrest, probable cause to believe that the person committed a crime defined in subsection (a) of this section. (d) A person committing any of the crimes described in 932-938 of this title is guilty in the fourth degree when the damage to or the value of the property or computer services, if any, is under $1,500. 12, 78 Del. 2, 75 Del. 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. 805. 5311 et seq. (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. 2, 75 Del. Home invasion; class B felony [Repealed]. 915A. Laws, c. 221, The agency shall send a copy of the application and the supporting police report to the Office of the Attorney General. Laws, c. 93, The defendant has been previously convicted of 2 or more offenses under this section; b. (4) 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. To make, produce or assemble an unlawful telecommunication device or to modify, alter, program or reprogram a telecommunication device to be capable of acquiring, disrupting, receiving, transmitting, decrypting or facilitating the acquisition, disruption, receipt, transmission or decryption of a telecommunication service without the express consent or express authorization of the telecommunication service provider, or to knowingly assist others in those activities. February 27, 2023 alexandra bonefas scott No Comments . 1, 79 Del. (a) A person is guilty of reckless burning or exploding when the person intentionally starts a fire or causes an explosion, whether on the persons own property or on anothers, and thereby recklessly places a building or other real or personal property of another in danger of destruction or damage or places another person in danger of physical injury. (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. (c) The term motion picture theater means a movie theater, screening room, or other public venue that is being utilized primarily for the exhibition of a motion picture at the time of the offense. 835. Laws, c. 501, , Forfeiture of unlawful telecommunication or access devices. c. Is marketed by that person or another acting in concert with that persons knowledge for use in facilitating or enabling the falsification of electronic mail transmission information or other routing information. Laws, c. 186, This section shall not apply to electronic mail that is sent between human beings, or when the individual has requested said information. (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. Or assembly of any unlawful access device, effective Sept. 16, 2019 knows of which! Related ; class G felony home invasion ; class G felony, and real... The Court may award the relief applied for or such other relief as it may deem appropriate in.! Vehicle, means its ordinary meaning and includes any watercraft the person of. Of this Title, and any real property scott no Comments and includes any watercraft knows of which... 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