(b) Definitions. Burglary in the third degree is a class D felony. Laws, c. 353, Laws, c. 209, Laws, c. 147, Section 30-3B-205. (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. Section 30-5B-3. Use of illegitimate retail sales receipt or Universal Product Code Label. 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. A: 140.40 Unlawful possession of radio devices. 1, 70 Del. 511.080 Criminal trespass in the third degree. 1, 61 Del. (b) In any prosecution for extortion where the facts are as described in 846(4) of this title, it is an affirmative defense that the accused believed the threatened criminal charge to be true and that the accuseds sole purpose was to compel or induce the victim to take reasonable action to make good the wrong which was the subject of the threatened charge. Laws, c. 497, Rape in the fourth degree; class C felony, 771. Under our law, a person is guilty of Criminal Trespass in the Third Degree when that person knowingly enters [or remains]2 unlawfully upon real property, where the property consists of a right-of-way or yard of a railroad or rapid transit railroad which has been designated and conspicuously posted as a no-trespass railroad zone. Offenses Involving Property, 804. Laws, c. 93, Most U.S. states classify the gravity of sex crimes by degrees varying from one to four. Transferred. If your actions "cause substantial harm or serious inconvenience," or if you "persist[] in disorderly conduct" after you are reasonably warned or asked to stop," you can face a third-degree misdemeanor charge for disorderly conduct. A person may be convicted both of burglary and of the offense which it was the purpose of the persons unlawful entry to commit or for an attempt to commit that offense. (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. Laws, c. 251, 1, 77 Del. 854A. Laws, c. 126, Article 7A. (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. (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. Criminal trespass in the third degree; classification. Sexual abuse of a child less than 12 years old, Article 5. Laws, c. 126, (3) Telecommunications device. View Statute 28-522 Criminal trespass; affirmative defenses. The intended loss to the health-care benefit program is more than $50,000 but less than $100,000; b. Original Source: In any manner includes, but is not limited to, the breaking down into smaller sums of a single sum of currency meeting or exceeding that which is necessary to trigger a currency reporting requirement or the conduct of a transaction, or series of currency transactions, at or below the reporting requirement. 1, 77 Del. 1, 73 Del. Issuing a bad check is a class A misdemeanor unless the amount of the check is $1,500 or more, in which case it is a class G felony. 920. repealed by 82 Del. 1, 82 Del. Section 30-3-134. Criminal trespass in the third degree is a violation. b. Interrupts or adds data to data residing within a computer system; (3) That person knowingly receives or retains data obtained in violation of paragraph (1) or (2) of this section; or. It shall be no defense to a violation of this section that some of the acts constituting the offense occurred outside of this State. Offensive touching; unclassified misdemeanor; class A misdemeanor, 602. (e) A person may be prosecuted and convicted under this section in such county or counties within Delaware where the money, goods, services, or anything of value giving rise to the prosecution were solicited, were received, or were attempted to be received, or where the charges for the money, goods, services, or anything of value were billable in the normal course of business. Section 13A-6-138. Laws, c. 248, (a) A person is guilty of robbery in the first degree when the person commits the crime of robbery in the second degree and when, in the course of the commission of the crime or of immediate flight therefrom, the person or another participant in the crime: (1) Causes physical injury to any person who is not a participant in the crime; or, (2) Displays what appears to be a deadly weapon or represents by word or conduct that the person is in possession or control of a deadly weapon; or, (3) Is armed with and uses or threatens the use of a dangerous instrument; or, (4) Commits said crime against a person who is 65 years of age or older; or. The penalty for graffiti shall include a minimum fine of not less than $1000 which shall not be subject to suspension, restitution for damages to the property and 250 hours of community service, at least 1/2 of which shall be served removing graffiti on public property. (a) In this section, the following words have the meanings indicated: (1) Draft does not include a credit or debit card sales draft. Temporary emergency jurisdiction. warranted executed on South Elm St. where a woman was arrested during a traffic stop. 2, 64 Del. 4, 71 Del. Grounds; jurisdiction for proceedings; divorce judgment awarded to both parties. Sec. (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. 828. Find a lawyer near you. Section 13A-6-131. Laws, c. 420, b. Criminal trespass in the second degree; unclassified misdemeanor. 2, 74 Del. A person is guilty of the computer crime of destruction of computer equipment when that person, without authorization, intentionally or recklessly tampers with, takes, transfers, conceals, alters, damages or destroys any equipment used in a computer system or intentionally or recklessly causes any of the foregoing to occur. (6) Unlawful access device. Knowingly entering or remaining unlawfully on any real property after a reasonable request to leave by a law enforcement officer, the owner or any other person having lawful control over such property, or reasonable notice . 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. (f) The intent to commit a crime therein may be formed prior to the unlawful entry, be concurrent with the unlawful entry or such intent may be formed after the entry while the person remains unlawfully. For purposes of this section, property shall include the use of vehicles or other movable property. 5, 70 Del. Taking testimony in another state. 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. Your alert tracking was successfully added. (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. A person is guilty of fraudulent conveyance of public lands when the person executes any deed or other written instrument purporting to convey an interest in land any part of which is public lands of this State, when such person at the time of execution of such instrument knows that the person has no legal or equitable interest in the land described in said instrument. 1, 2, 77 Del. 12, 78 Del. Laws, c. 162, 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. We affirm. Laws, c. 260, (d) Any computer, computer system, computer network, or any software or data, owned by the defendant, which is used during the commission of any public offense described in this section or any computer, owned by the defendant, which is used as a repository for the storage of software or data illegally obtained in violation of this section shall be subject to forfeiture. Laws, c. 383, Definition of issues and passes.. B. Pursuant to subsection A, paragraph 1 of this section, a request to leave by a law enforcement officer acting at the request of the owner of the property or any other person having lawful control over the property has the same legal effect as a request made by the property owner or other person having lawful control of the property. (c) Violation of this section shall constitute a class G felony. 823. 1, 61 Del. (2) The person makes or possesses any device, apparatus, equipment or article capable of or adaptable to use for purposes of forgery, intending to use it unlawfully. 4, 74 Del. 878. Criminal trespass against children Definitions. Issuance of bad check by employee as affirmative defense. Laws, c. 297, Jurisdiction; how order may be obtained; venue; when final order not issued; residency. may result in the refusal of a law-enforcement agency to investigate violations of subsection (a) of this section. Third-degree menacing. Indecent exposure in the second degree; unclassified misdemeanor, 765. bare, timothy wade - failure to appear. (3) Tampers or makes connection with tangible property of a gas, electric, steam or waterworks corporation, telegraph or telephone corporation or other public utility, except that in any prosecution under this subsection it is an affirmative defense that the accused engaged in the conduct charged to constitute an offense for a lawful purpose. Money laundering; class D felony. This website is funded in part through a grant from the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. (c) Venue. . 826A. a. Laws, c. 68, 907A. (d) The reasonable and fair market value of the property obtained shall be utilized in determining the amount involved in the theft. Criminal trespass in the second degree; unclassified misdemeanor. Laws, c. 47, Section 30-3B-307. (2) A violation of this section constitutes a class G felony if: a. 11 Del. (1) Fraudulent health-care claim means any statement, whether written, oral or in any other form, which is made as part of or in support of a claim or request for payment from any health-care benefit program when such statement knowingly contains false, incomplete or misleading information concerning any fact or thing material to such claim. Proceedings governed by other law. Trademark counterfeiting. (b) A person committing any of the crimes described in 932-938 of this title is guilty in the second degree when the damage to or the value of the property or computer services affected exceeds $5,000. Laws, c. 439, 7, 74 Del. 824. Part of an issue of stock, bonds or other instruments representing interests in or claims against a corporation, business enterprise or other organization or its property. 1, 70 Del. 2, 75 Del. Arrest information is supplied by the Stamford Police Department. Divorce from Bonds of Matrimony. Laws, c. 179, . b. Misapplication of property is a class A misdemeanor, unless the value of the property received, retained or disposed of is $1,500 or more, in which case it is a class G felony. 1, 66 Del. (c) (1) Except as provided in paragraphs (2) and (3) of this subsection, health-care fraud is a class G felony. Duty of mental health services providers to take precautions against threatened patient violence; duty to warn, 5403. 804. (4) a. 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. General Procedures for Appointment of Guardians, 2320. 901. Criminal mischief in the first degree is a class B felony. 1, 76 Del. Laws, c. 133, Cory Fitts, 27, of 34 Greenwood Hill Street, Stamford, was arrested Monday for third-degree assault and third-degree strangulation. (3) A person shall be guilty of a class D felony if: a. b. Wrongful disclosure does not include: 1. Criminal trespass in the second degree. (a) Buildings and occupied structures.--(1) A person commits an offense if, knowing that he is not licensed or privileged to do so, he: . Laws, c. 186, Section 30-3-132. 140.35 Possession of burglar's tools. 3503. (c) For purposes of this section the word ticket shall mean any admittance, receipt, entrance ticket or other evidence of a right to be admitted to an event or exhibit. 5, 65 Del. BUFFINGTON: The shame of Andrew Clyde. (h) Premises include the term building as defined in 222 of this title, and any real property. Fraud in insolvency; class A misdemeanor. Laws, c. 590, Laws, c. 410, (a) A person is guilty of insurance fraud when, with the intent to injure, defraud or deceive any insurer the person: (1) Presents or causes to be presented to any insurer, any written or oral statement including computer-generated documents as part of, or in support of, a claim for payment or other benefit pursuant to an insurance policy, knowing that such statement contains false, incomplete or misleading information concerning any fact or thing material to such claim; or. 1, 75 Del. LISBON In Columbiana County Municipal Court, a case was bound over to the county grand jury against Glen Abel, 53, West Falls, N.Y., charged with a third-degree felony of . Laws, c. 134, (g) Night means a period between 30 minutes after sunset and 30 minutes before sunrise. (3) All other forgery is forgery in the third degree, a class A misdemeanor. 841C. Application and construction. Failing to pay for the services, labor, materials or equipment provided incident to such home improvement; or, c. Diverting said funds to a use other than for which the funds were received; or. 83-91, 371, 78 Del. (7) Computer software means 1 or more computer programs, existing in any form, or any associated operational procedures, manuals or other documentation. Name * Email * Website. Domestic violence -- First degree. Uniform Interstate Enforcement of Domestic Violence Protection Orders. Any type of instrument, device, machine, equipment, technology or software which is capable of transmitting, acquiring, decrypting or receiving any telephonic, electronic, data, Internet access, audio, video, microwave or radio transmissions, signals, communications or services, including the receipt, acquisition, transmission or decryption of all such communications, transmissions, signals or services provided by or through any cable television, fiber optic, telephone, satellite, microwave, data transmission, radio, Internet-based or wireless distribution network, system or facility, or any part, accessory or components thereof, including any computer circuit, security module, smart card, software, computer chip, electronic mechanism or other component, accessory or part of any telecommunication device which is capable of facilitating the transmission, decryption, acquisition or reception of all such communications, transmissions, signals or services. 14, 77 Del. View Statute 28-524 Graffiti; penalty. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only. Phones altered to obtain service without the express consent or express authorization of the telecommunication service provider, tumbler phones, counterfeit or clone phones, tumbler microchips, counterfeit or clone microchips, and other instruments capable of disguising their identity or location or of gaining unauthorized access to a telecommunications system, network or facility operated by a telecommunication service provider; and. The use of this website to ask questions or receive answers does not create an attorneyclient relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Trespass Crystal Jean Evans, 31, of the 8000 block of Kimberly Court, White City. 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