Laws, c. 353, (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. Upon the complaining partys election of such damages at any time before final judgment is entered, the complaining party may recover the actual damages suffered by the complaining party as a result of the violation of this section and any profits of the violator that are attributable to the violation and are not taken into account in computing the actual damages. (1) A person commits the crime of third degree criminal trespass if such person unlawfully enters or remains in or upon premises of another. (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. (c) For the purposes of this section, personal identifying information includes name, address, birth date, Social Security number, drivers license number, telephone number, financial services account number, savings account number, checking account number, payment card number, identification document or false identification document, electronic identification number, educational record, health care record, financial record, credit record, employment record, e-mail address, computer system password, mothers maiden name or similar personal number, record or information. Mislabeled means varying from the standard of truth or disclosure in labeling prescribed by or pursuant to any statute providing criminal penalties for such variance, or set by established commercial usage; or, (5) Makes a false or misleading statement in any advertisement addressed to the public or to a substantial segment thereof intending to promote the sale or increase the consumption of property or services; or, (6) Makes a false or misleading written statement for the purpose of promoting the sale of securities, or omits information required by law to be disclosed in written documents relating to securities; or. Arson in the first degree is a class C felony. 873. Laws, c. 133, b. Laws, c. 46, 908. Laws, c. 475, 1, 71 Del. Wrongful disclosure means any publication that occurs in circumstances in which a protected individual who rents or purchases a videotape has a reasonable expectation of privacy. Laws, c. 216, Laws, c. 517, 1681a(f)), which must accept the passport as an official notice of a dispute and must include notice of the dispute in all future reports that contain disputed information caused by the identity theft. Laws, c. 240, (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. 1, 79 Del. Criminal Trespass Trespassing can have both civil and criminal consequences. Definitions relating to carjacking [Repealed]. 1-3, 77 Del. 842. Laws, c. 590, (15) Property means anything of value, including data. (b) Any person found guilty of criminal impersonation of a member or veteran of the United States Armed Forces shall be guilty of a class A misdemeanor and receive a minimum fine of not less than $1000, which shall not be subject to suspension. Provides to end-users of electronic mail services the ability to send or receive electronic mail. 1, 75 Del. (1) Any person aggrieved by a violation of this section may bring a civil action in any court of competent jurisdiction. 835. Tampering with public records in the second degree is a class A misdemeanor. 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. Issuance of bad check by employee as affirmative defense. For an offense committed within 2 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 2 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. 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. WebCriminal trespass in the third degree; a violation. Possession or theft of a prescription form or a pad. 2. (3) Health-care professional, health-care practice, health-care facility or health-care services includes but is not limited to any person who or entity which, for payment, practices in or employs the procedures of medicine, surgery, chiropractic, podiatry, dentistry, optometry, psychology, social work, pharmacy, nursing, physical therapy or any other field concerned with the maintenance or restoration of the health of the body or mind. 6, 77 Del. (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. (c) A merchant, a store supervisor, agent or employee of the merchant 18 years of age or older, who has probable cause for believing that a person has intentionally concealed unpurchased merchandise or has committed shoplifting as defined in subsection (a) 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. Theft, receiving stolen property no defense; receiving stolen property, theft no defense; conviction of both offenses. Criminal trespass Defenses. (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) 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. Some of the punishments if convicted of a class 3 misdemeanorcan include up to 1 year of probation, 30 days in jail and/or monetary fines. A. Laws, c. 345, (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. The receiver shall also have the power to sell, convey and assign all of the foregoing and hold and dispose of the proceeds thereof under the direction of the Court. 3, 69 Del. Webdegree. (e) A violation of subsection (a) of this section is a class D felony. (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. Laws, c. 161, (a) A person is guilty of criminal impersonation of a police officer, firefighter, emergency medical technician (EMT), paramedic or fire police when the person, intending to facilitate the commission of a crime or while in immediate flight therefrom: (1) Intentionally and without lawful authority impersonates or otherwise pretends to be a police officer, firefighter, emergency medical technician (EMT), paramedic or fire police; or. Adulterated means varying from the standard of composition or quality prescribed by or pursuant to any statute providing criminal penalties for such variance, or set by established commercial usage. Where the value of the property received, retained or disposed of is $100,000 or more, theft is a class B felony. (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. c. The communications transmission facilities and devices used to interconnect computational equipment, along with control mechanisms associated thereto. Laws, c. 338, (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. Laws, c. 260, Laws, c. 222, 938. (3) The loss to the home buyer is $100,000 or more, in which case it is a class B felony. 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. 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. 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. (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. 8, 77 Del. Laws, c. 133, 5, 67 Del. 1, 78 Del. Laws, c. 211, 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. Laws, c. 133, (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). (c) The sentencing provisions of this section apply to attempted robbery in the first degree as well as robbery in the first degree. 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. (c) (1) Except 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 A misdemeanor 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 G felony. Interference with levied-upon property; class A misdemeanor. Where the loss to the person who purchased the home improvement is at least $50,000 but less than $100,000, home improvement fraud is a class D felony. Any person convicted a first time of ticket scalping is guilty of a class B misdemeanor. Criminal impersonation is a class A misdemeanor. A person is guilty of the computer crime of interruption of computer services when that person, without authorization, intentionally or recklessly disrupts or degrades or causes the disruption or degradation of computer services or denies or causes the denial of computer services to an authorized user of a computer system. 877. b. 1, 70 Del. 904. 812. (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. A person is guilty of the computer crime of theft of computer services when the person accesses or causes to be accessed or otherwise uses or causes to be used a computer system with the intent to obtain unauthorized computer services, computer software or data. (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. Making or having burglar tools. 6, 74 Del. Laws, c. 430, Laws, c. 133, .050 Possession of burglar's tools. 826. 826A. (a) In this section, the following words have the meanings indicated: (1) Draft does not include a credit or debit card sales draft. Webcriminal trespass in the third degree. Laws, c. 337, 1, 73 Del. 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. Such property shall include goods and chattels, rights and credits, moneys and effects, books, records, documents, papers, choses in action, bills, notes and property of every description including all computer system equipment and data, and including property with which such property has been commingled if it cannot be identified in kind because of such commingling. 5, 63 Del. Laws, c. 498, Laws, c. 93, 6- 8, 83 Del. (1) Any broadcaster who, in connection with or as part of a radio, television or cable broadcast transmission, or for the purpose of archival preservation, transfers any such sounds recorded on a sound recording; (2) Any person who transfers such sounds in the home, for personal use, and without compensation for such transfer; (3) Any phonograph record, disc, wire, tape, film or other article upon which sound is recorded where a period of 50 years has transpired since the original fixation of sounds thereon was made by the owner or on the owners behalf. Intention and ability to meet obligations as affirmative defense. Web(2) Except as provided in paragraph (1) (v), an offense under this subsection constitutes a misdemeanor of the third degree if the offender defies an order to leave personally communicated to him by the owner of the premises or other authorized person. Subject to making due provisions for the rights of innocent persons, a receiver shall have the power to sue for, collect, receive and take into possession any property which belongs to the person who is alleged to have violated any provision of this subpart and which may have been derived by, been used in or aided in any manner such alleged violation. A person is guilty of criminal trespass in the second degree when: 1. he or she knowingly enters or remains unlawfully in a dwelling; or 2. being a person required to 907. Prohibited offensive weapons. 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. (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. (2) Drives or operates the vehicle in violation of 4177 of Title 21. Computer crime in the third degree is a class G felony. Any person or entity owning or operating any cable television, satellite, Internet-based, telephone, wireless, microwave, data transmission or radio distribution system, network or facility; and. A person commits theft when, with the intent prescribed in 841 of this title, the person exercises control over property of another person which the person knows to have been lost or mislaid, or to have been delivered under a mistake as to the identity of the recipient or the nature or value of the property, without taking reasonable measures to return the property to its owner. (4) Engages in conduct which causes or creates a substantial risk of physical injury to another person. Laws, c. 106, Theft of rented property; class A misdemeanor or class G felony. 858. (e) A person enters or remains unlawfully in or upon premises when the person is not licensed or privileged to do so. Security device specifically includes, but is not limited to, any electronic or other device that is attached or affixed to any goods, wares or merchandise on display for sale in a mercantile establishment. (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. , 58 Del. (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. Webguilty of domestic violence in the third degree. (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. 133, (1) Except as provided for in paragraph (b)(2) or (3) of this section, an offense under this section is an unclassified misdemeanor with a sentence up to 1 year incarceration at Level V, and a fine of up to $10,000 for all violations of this section. 1, 77 Del. (c) Theft of a motor vehicle is a class G felony. (3) Computer means a programmable, electronic device capable of accepting and processing data. (h) Premises include the term building as defined in 222 of this title, and any real property. Laws, c. 590, 1, 2, 77 Del. 802. Web(1) A person is guilty of criminal trespass in the first degree if he or she knowingly enters or remains unlawfully in a building. Laws, c. 550, (b) Violation of this section shall constitute a class A misdemeanor. Misuse of computer system information. Webcriminal trespass in the third degree. Burglary in the first degree; class C or B felony. 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. (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. Use, possession, manufacture, distribution and sale of unlawful telecommunication and access devices. 934. a. (a) In any prosecution for theft or extortion it is an affirmative defense that the property was appropriated by the actor under a claim of right, made in good faith, to do substantially what the actor did in the manner in which it was done. A person is guilty of arson in the first degree when the person intentionally damages a building by starting a fire or causing an explosion and when: (1) The person knows that another person not an accomplice is present in the building at the time; or. 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. Laws, c. 590, Laws, c. 34, Robbery in the first degree is a class B felony. The lack of such a statement shall not constitute a defense against prosecution under this section. Laws, c. 126, The individual described by any information the wrongful disclosure of which is prohibited under this section; or. (3) Receives payment or payments and fails to provide that persons own true name or provides a false name, address or phone number of the business offering said new home construction services. 914. The Superior Court shall have jurisdiction over any offense charged under this section. Laws, c. 410, 1, 83 Del. Part of an issue of money, stamps, securities or other valuable instruments issued by a government or a governmental instrumentality; or. Laws, c. 221, Fraudulent receipt of public lands; class G felony. (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. Wage theft; class E felony. A person is guilty of criminal trespass in the third degree when the person knowingly enters or remains unlawfully upon real property. One example of the crime would be All other forgery under this paragraph (b)(4) is forgery in the second degree, a class G 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. (6) Separate offenses. A person is guilty of securing execution of documents by deception when, by knowingly misrepresenting the nature of the document, the person causes another person to execute any instrument affecting, purporting to affect or likely to affect the pecuniary interest of any person. (4) If the written instrument is or purports to be provided to an individual by a vaccine provider documenting that an individual has been vaccinated, which bears a government logo or other indication that the written instrument is created by a governmental instrumentality and includes information such as the date an individual received a vaccination and the type of vaccine and lot number, forgery is classified and punished as follows: a. Laws, c. 133, 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. Laws, c. 497, No Internet/interactive service provider shall be held liable for any action voluntarily taken in good faith to block the receipt or transmission through its service of any unsolicited, bulk electronic mail which it believes is, or will be, sent in violation to disconnect or terminate the service of any person that is in violation of this article; or, (2) When a person uses a computer or computer network without authority with the intent to: Falsify or forge electronic mail transmission information in any manner in connection with the transmission of unsolicited bulk electronic mail through or into the computer network of an electronic mail service provider or its subscribers; or. (4) Health-care provider means any health-care professional, an owner or operator of a health-care practice or facility, any person who creates the impression that the person or the persons practice or facility can provide health-care services, or any person employed or acting on behalf of any of the aforementioned persons. Use or possession of electric or electronic incapacitation device. 4, 77 Del. The minimum fine and community service hours shall be doubled for a second or subsequent conviction of an act of graffiti. Laws, c. 478, To convict, the State must prove beyond a reasonable doubt each of the following elements: Laws, c. 34, (a) Any person who knowingly manufactures, uses, displays, advertises, distributes, offers for sale, sells or possesses with intent to sell or distribute any items or services bearing or identified by a counterfeit mark shall be guilty of the crime of trademark counterfeiting. 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Degree when the person is guilty of a class G felony prescription form or a pad no defense conviction. 4177 of Title 21 have both civil and criminal consequences 126, the described!
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