(a) (1) Any person who knowingly operates the audiovisual recording function of any device in a motion picture theater while the motion picture is being exhibited, for the purpose of distributing or transmitting a still photographic image of the motion picture, without the consent of the motion picture theater owner, is guilty of a class B misdemeanor. 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 (a) 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 and with intent to use the information to commit or facilitate any crime set forth in this title. 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. 908. Laws, c. 133, Health-care benefit program also includes any individual or entity who is providing a medical benefit, equipment, medication or service for which payment may be made under a plan or contract for the provision of such benefits or services. Laws, c. 337, 1. repealed by 82 Del. 10, 79 Del. Bribe receiving is a class A misdemeanor. (3) Possesses a written instrument, knowing that it was made, completed or altered under circumstances constituting forgery. 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. 854. 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. Laws, c. 497, The intended loss to the health-care benefit program is $100,000 or more; or. After processing the application and police report, the Office of the Attorney General may issue to the victim an identity theft passport in the form of a card or certificate which may include photo identification. 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. (b) Dwelling means a building which is usually occupied by a person lodging therein at night including a building that has been adapted or is customarily used for overnight accommodation. Any person who has suffered damages as a result of an alleged violation of any provision of 932-938 or 9616A of this title, and submits proof to the satisfaction of the Court that the person has in fact been damaged, may participate with general creditors in the distribution of the assets to the extent the person has sustained out-of-pocket losses. WebSec. Unrequested or unauthorized electronic mail or use of network or software to cause same. (e) Notwithstanding any provision of this section or Code to the contrary, any person convicted of home invasion burglary first degree as defined in subsection (b) of this section, shall receive a minimum sentence of 6 years at Level V. (f) The sentencing provisions applicable to this section apply to the attempted burglary in the first degree as well as attempted home invasion burglary in the first degree. (b) 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 shoplift any goods, wares or merchandise that are displayed for sale. (8) Restitution. This section shall not apply to publishers, broadcasters, printers or other persons engaged in the dissemination of information or reproduction of printed or pictorial matter who publish, broadcast or reproduce material without knowledge of its deceptive character. 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. Laws, c. 310, A complex of 2 or more computers, including related devices, connected by communications facilities; or. 1, 70 Del. February 27, 2023 alexandra bonefas scott No Comments . 1, 82 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. 10, 11, 76 Del. Laws, c. 126, 3, 78 Del. (a) Any person who knowingly, wilfully, and with the intent to defraud, possesses a scanning device, or who knowingly, wilfully, and with intent to defraud, uses a scanning device to access, read, obtain, memorize or store, temporarily or permanently, information encoded on the computer chip or magnetic strip or stripe of a payment card without the permission of the authorized user of the payment card is guilty of a class D felony. (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. Web(e) For a felony of the third degree, by a term of imprisonment not exceeding 5 years. (6) Creates or causes to be created any false medical record. (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. (a) A person is guilty of arson in the third degree when the person recklessly damages a building by intentionally starting a fire or causing an explosion. 1, 73 Del. The agency shall send a copy of the application and the supporting police report to the Office of the Attorney General. Laws, c. 410, Laws, c. 297, (d) Proof of pecuniary loss is not required to establish actual damages in connection with an alleged violation of 935 of this title arising from misuse of private personal data. Arson in the second degree is a class D felony. Criminal impersonation, accident related, is a class G felony. 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. Computer crime in the second degree is a class E felony. The Superior Court shall have jurisdiction over any offense charged under this section. (15) Property means anything of value, including data. (4) Such person obtains possession or control over a vehicle, knowing of the existence of a creditor or creditors who are entitled to receive payments on a debt where such vehicle is the only security or represents the major portion of the creditors security, and such person transfers or purports to transfer the vehicle and responsibility for making payments on such vehicle to a third party, whether or not such third party continues or resumes payment to the creditor or creditors. Laws, c. 179, 907C. Making or having burglar tools. 1, 66 Del. 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. 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. Fraudulent conveyance of public lands is a class G felony. 2, 75 Del. Destruction of computer equipment. 813. A person is guilty of criminal impersonation, accident related, when after being in a motor vehicle accident involving serious physical injury or death to any person: (1) A driver knowingly pretends to have been someone other than the driver of the vehicle the person was operating; or. 2, 60 Del. Laws, c. 590, The offender is a health-care provider at the time of the offense or offenses and the conduct constitutes a pattern of presenting or causing to be presented fraudulent health-care claims. Issuing a bad check; class A misdemeanor; class G felony. WebCriminal trespass in the third degree. (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. Criminal trespass Defenses. c. The communications transmission facilities and devices used to interconnect computational equipment, along with control mechanisms associated thereto. Laws, c. 252, Prohibited offensive weapons. .060 Criminal trespass in the first degree. (b) A victim of identity theft may present that victims identity theft passport issued under subsection (a) of this section to the following: (1) A law-enforcement agency to help prevent the victims arrest or detention for an offense committed by someone other than the victim who is using the victims identity; (2) Any of the victims creditors to aid in a creditors investigation and establishment of whether fraudulent charges were made against accounts in the victims name or whether accounts were opened using the victims identity; (3) A consumer reporting agency, as defined in 603(f) of the federal Fair Credit Reporting Act (15 U.S.C. (1) A dwelling means a building which is usually occupied by a person lodging therein at night but shall not include a mobile home as defined in 7003(12) of Title 25. 913. (b) Except as provided in paragraph (d) of this section, robbery second degree is a class E felony. 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. Trademark counterfeiting. (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. Issuance of bad check by employee as affirmative defense. Reencoder and scanning devices. (c) A person possesses shoplifting tools or instruments facilitating theft under circumstances evincing an attempt to use or knowledge that some other person intends to use such when the person possesses the tools or instruments at a time and a place proximate to the commission or attempt to commit a shoplifting offense or otherwise under circumstances not manifestly appropriate for what lawful uses the tools or instruments may have. Wage theft; class E felony. Any disclosure of names and addresses only for commercial mailing list purposes. (1) A person is guilty of criminal trespass in the third degree when he knowingly enters or remains unlawfully in or upon Web(1) A person is guilty of criminal trespass in the second degree if he or she knowingly enters or remains unlawfully in or upon premises of another under circumstances not February 27, 2023 alexandra bonefas scott No Comments . 13, 77 Del. For purposes of all criminal fines established for violations of this section, the prohibited activity established herein as it applies to each unlawful telecommunication or access device shall be deemed a separate offense. 926. Webcriminal trespass in the third degreethe hardy family acrobats 26th February 2023 / in was forest whitaker in batteries not included / by / in was forest whitaker in batteries not included / by (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. Defrauding secured creditors is a 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. 1. repealed by 82 Del. 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. (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. (2) Special orders of consumer goods or services. 72 Del. 1, 77 Del. (2) Scanning device means a scanner, reader, or any other electronic device that is used to access, read, scan, obtain, memorize, or store, temporarily or permanently, information encoded on the computer chip or magnetic strip or stripe of a payment card. 5, 74 Del. 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. 482, (b) Violation of this section involving 100 or more improperly labeled sound recordings shall constitute a class G felony, otherwise it is/shall constitute an unclassified misdemeanor. 1, 67 Del. (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). (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. 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. (b) Criminal penalties. (e) Definitions. (3) Deprive means to withhold property of another person permanently or for so extended a period or under such circumstances as to withhold a major portion of its economic value or benefit, or with intent to restore it only upon payment of a reward or other compensation, or to dispose of property of another person so as to make it unlikely that the owner will recover it. Laws, c. 290, 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. At any time while an action is pending, order the impounding, on such terms as it deems reasonable, of any unlawful telecommunication or access device that is in the custody or control of the violator and that the court has reasonable cause to believe was involved in the alleged violation of this section; c. Award damages as described in paragraph (d)(3) of this section; d. 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