The minimum fine shall also be doubled, and may not be suspended, for a first, second, or subsequent conviction of an act of graffiti which is performed on or along a Delaware byway, as defined in 101 of Title 17. Read more about Third Degree Criminal Trespass. Fraudulent conveyance of public lands is a class G felony. (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 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. Written instrument means any instrument or article containing written or printed matter or the equivalent thereof, used for the purpose of reciting, embodying, conveying or recording information or constituting a symbol or evidence of value, right, privilege or identification. (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. A complex of 2 or more computers, including related devices, connected by communications facilities; or. (c) Theft of a motor vehicle is a class G felony. (d) A conviction is not required for an act of presenting or causing presentation of a fraudulent health-care claim to be used in prosecution of a matter under this section, including an act used as proof of a pattern as defined in paragraph (b)(3) of this section. 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. In its discretion, award reasonable attorney fees and costs, including, but not limited to, costs for investigation, testing and expert witness fees, to an aggrieved party who prevails; and. 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. 6, 83 Del. 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. (g) Night means a period between 30 minutes after sunset and 30 minutes before sunrise. A person is guilty of trespass when he knowingly enters or remains unlawfully in A person commits criminal trespass in the third degree by: 1. (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. (a) A person commits theft when, with the intent specified in 841 of this title, the person obtains services which the person knows are available only for compensation by deception, threat, false token, false representation or statement or by installing, rearranging or tampering with any facility or equipment or by any other trick, contrivance or any other device to avoid payment for the services. 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 (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. (i) 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 gain unlawful entry into or upon premises or a possible attempt to unlock, bypass or otherwise disable a lock. 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. 5, 67 Del. (2) Motor vehicle or vehicle, means its ordinary meaning and includes any watercraft. A set of related devices connected to a computer by communications facilities; b. Criminal trespass in the third degree is a violation. 2, 75 Del. Laws, c. 462, One example of the crime would be (a) A person is guilty of criminal impersonation of a member or veteran of the United States Armed Forces when he or she intentionally, and without lawful authority, impersonates or otherwise holds himself or herself out to be a veteran or member of the United States Armed Forces or to hold oneself out to have an unearned rank in the United States Armed Forces with the purpose of obtaining money, property, or other tangible benefit. (a) A person is guilty of theft: organized retail crime when the person takes, exercises control over, or obtains retail merchandise of another person intending to deprive that person of it, or receives stolen property in violation of 851 of this title, in quantities that would not normally be purchased for personal use or consumption, with the intent to appropriate or to resell or reenter the merchandise into commerce. WebBurglary Third Degree (Dwelling) The defendant is charged with burglary in the third degree. 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 prohibiting entry. Web(1) A person commits the crime of third degree criminal trespass if such person unlawfully enters or remains in or upon premises of another. (2) Record on the check being presented the persons name, drivers license number, if such person has a drivers license, date of birth and address. Trespassing with intent to peer or peep into a window or door of another is a class B misdemeanor. (2) Special orders of consumer goods or services. (2) Possession of graffiti implements is a class B misdemeanor. 835. Laws, c. 353, Damages awarded by a court under this section shall be computed as either of the following: a. Unlawful operation of a recording device. Theft and related offenses; definitions. Robbery in the first degree; class B felony. A person is guilty of criminal trespass in the third degree when the person knowingly enters or remains unlawfully upon real property. (b) As used in this section motor vehicle means an automobile, motorcycle, van, truck, trailer, semitrailer, truck tractor and semitrailer combination, or any other vehicle which is self-propelled, which is designed to be operated primarily on a roadway as defined in 101 of Title 21, and in, upon or by which any person or property is or may be transported. (3) The loss to the home buyer is $100,000 or more, in which case it is a class B felony. (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. 822. Where the loss to the person who purchased the home improvement is at least $100,000, home improvement fraud is a class B felony. Additional resources provided by the author Arizona Criminal Trespass in the 3rd For purposes of this subsection, related offenses shall include, but are not limited to, violations of 861, 900 and 903 of this title. 854. 5, 63 Del. (1) A person commits the crime of third degree criminal trespass if such person unlawfully enters or remains in or upon premises of another. 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. Wrongful disclosure does not include: 1. (g) Seizure, forfeiture and disposition. It Doesnt Mean Youre Guilty. 872. 1. repealed by 82 Del. 937. 3, 78 Del. (f) 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 committed a crime defined in subsection (a) of this section may eject such person from the premises and shall not be held civilly or criminally liable for such ejection. (b) The defendant may be found guilty of theft if the defendants conduct falls within any of the sections defining theft. The defendant has previously been convicted under this section; or. 802. (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. Webguilty of domestic violence in the third degree. Cross or religious symbol burning; class A misdemeanor [Transferred]. 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. 840. Health-care fraud; class B felony; class D felony; class G felony. Criminal impersonation; class A misdemeanor. (b) Possession of burglars tools or instruments facilitating theft is a class F felony. (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. (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. A physician, dentist, veterinarian, scientific investigator or other person licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a controlled or noncontrolled substance in the course of professional practice or research in this State. In this chapter: (1)AA"Habitation" means a structure or vehicle that is AAAn offense under this section is a felony of the third degree if: (1)AAthe premises are a commercial building in which a controlled substance is generally stored, including a pharmacy, 1, 76 Del. (a) A person is guilty of theft when the person takes, exercises control over or obtains property of another person intending to deprive that person of it or appropriate it. Use Notes Upon a claim of common-law marriage, it may be necessary to provide further instruction. WebCriminal trespass in the first degree is a class D felony. Webcriminal trespass in the third degree. [If lesser-included offenses are included, the Court should instruct on those offenses at this point.] 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. Laws, c. 221, 846. A person is guilty of criminal trespass in the third degree when the person knowingly enters or remains unlawfully upon real property. (h) Money laundering shall not be deemed to be a related or included offense of any other provision of this Code. 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. (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. 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. Laws, c. 211, 1, 71 Del. 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) A person is guilty of issuing a bad check when the person issues or passes a check knowing that it will not be honored by the drawee. (7) Fines. 861. (6) Separate offenses. WebCriminal trespass in the first degree is a class D felony. 917. Laws, c. 252, (3) The accused had no reasonable ground to believe that the conduct might endanger the life or safety of another person or damage another building. Laws, c. 497, (b) One example of the crime would be Laws, c. 133, Theft of rented property; class A misdemeanor or class G felony. Transfer of recorded sounds; class G felony. 1, 67 Del. Laws, c. 260, (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. 862. 1, 78 Del. The lack of such a statement shall not constitute a defense against prosecution under this section. 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. 3, 77 Del. 1, 82 Del. 7, 74 Del. Webdegree. 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. Any disclosure made incident to the normal course of the business of renting or selling videotapes to a person whom the protected individual authorizes, prior to distribution, to receive the information; 2. (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. Laws, c. 338, 5, 74 Del. Laws, c. 377, 3-5, 67 Del. (a) No person shall knowingly, or with reasonable grounds to know, advertise or offer for sale or resale, or sell or resell, distribute or possess for such purposes, any article that has been produced in violation of 920 of this title. A person is guilty of deceptive business practices when in the course of business the person knowingly or recklessly: (1) Uses or possesses for use a false weight or measure, or any other device for falsely determining or recording any quality or quantity; or, (2) Sells, offers or exposes for sale, or delivers less than the represented quantity of any commodity or service; or, (3) Takes or attempts to take more than the represented quantity of any commodity or service; or, (4) Sells, offers or exposes for sale adulterated or mislabeled commodities. Tampering with public records in the second degree is a class A misdemeanor. (4) A person who has been convicted of a designated misdemeanor may be sentenced as follows: (a) For a misdemeanor of the first degree, by a definite term of imprisonment not exceeding 1 The intended loss to the health-care benefit program is $100,000 or more; or. 2, 64 Del. (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. 126, (2) If the property or computer services are unrecoverable, damaged or destroyed as a result of a violation of this subpart, the cost of reproducing or replacing the property or computer services at the time of the violation. 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. 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. Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. A person may be convicted of the crime which the person has in fact committed. Defrauding secured creditors; class A misdemeanor. 1, 82 Del. (1) Manufacture or assembly of any unlawful access device. Laws, c. 240, b. Use, possession, manufacture, distribution and sale of unlawful telecommunication and access devices. (f) Amounts included in violations of this subpart committed pursuant to 1 scheme or course of conduct, whether from the same person or several persons, may be aggregated in determining the degree of the crime. (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). Offering a false instrument for filing; class A misdemeanor. Bribe receiving is a class A misdemeanor. , Manufacture or assembly of any unlawful access device. (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. (c) (1) Except where a victim is 62 years of age or older, or an adult who is impaired as defined in 3902(2) of Title 31, or a person with a disability as defined in 3901(a)(2) of Title 12, theft 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. Laws, c. 106, (3) A violation of this section constitutes a class E felony if: a. In the story above, the Trespassing Impersonation as a member or veteran of the United States Armed Forces, class A misdemeanor. (2) Engages in a pattern of presenting or causing to be presented fraudulent health-care claims to any health-care benefit program. (c) Occupied dwelling means a dwelling, and a person is lawfully present on the property at the time of the offense. Laws, c. 181, (1) Except as provided in paragraphs (d)(2) and (3) of this section, a violation of this section constitutes a class A misdemeanor. 6, 59 Del. Theft of property from a cemetery. Laws, c. 420, (9) Trade secret shall mean trade secret as defined in 2001 of Title 6. 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. Tampering with public records in the second degree; class A misdemeanor. Criminal trespass in the second degree. 9, 73 Del. a. 2, 60 Del. 7, 8, 65 Del. 1, 73 Del. Laws, c. 260, 1, 73 Del. (a) A person is guilty of theft of a motor vehicle when the person takes, exercises control over or obtains a motor vehicle of another person intending to deprive the other person of it or appropriate it. 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. (7) Unlawful telecommunication device. 4, 68 Del. 1, 79 Del. Laws, c. 203, 813. 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. 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. Laws, c. 497, A person may be charged with the crime the person seems most likely to have committed and may be convicted as provided in subsections (a) and (b) of this section. This section shall not apply to electronic mail that is sent between human beings, or when the individual has requested said information. 811. 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. Laws, c. 271, 842. 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. A person is guilty of criminal trespass in the second degree if he or she knowingly enters or remains unlawfully in or upon the premises of another under circumstances not constituting criminal trespass in the first degree. SMC 12A.08.040.B.1 (Emphasis added). 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. 1, 59 Del. Laws, c. 251, 1, 70 Del. (7) Property of another person includes property in which any person other than the defendant has an interest which the defendant is not privileged to infringe, regardless of the fact that the defendant also has an interest in the property and regardless of the fact that the other person might be precluded from civil recovery because the property was used in an unlawful transaction or was subject to forfeiture as contraband. (e) The Office of the Attorney General shall adopt regulations to implement this section. (3) Funds that the person believes are the proceeds of criminal activity means any funds that are believed to be proceeds of criminal activity including funds that are not the proceeds of criminal activity. (d) New construction fraud is a class A misdemeanor, unless: (1) The loss to the home buyer is $1,500 or more but less than $50,000, in which case it is a class G felony; (2) The loss to the home buyer is at least $50,000 but less than $100,000, in which case it is a class D felony; or. (a) Any aggrieved person who has reason to believe that any other person has been engaged, is engaged or is about to engage in an alleged violation of any provision of 932-938 or 9616A of this title may bring an action against such person and may apply to the Court of Chancery for: (1) An order temporarily or permanently restraining and enjoining the commencement or continuance of such act or acts; (3) An order directing the appointment of a receiver. Laws, c. 211, Webcriminal trespass in the third degree keyword }} 25 de janeiro de 2023 how to add emoji to peloton profile. (b) The minimum sentence of imprisonment required by subsection (a) of this section shall not be subject to suspension and no person convicted under this section shall be eligible for probation or parole during the first 6 months of the sentence. (b) Criminal mischief is punished as follows: (1) Criminal mischief is a class G felony if the actor intentionally causes pecuniary loss of $5,000 or more, or if the actor intentionally causes a substantial interruption or impairment of public communication, transportation, supply of water, gas or power, or other public service; (2) Criminal mischief is a class A misdemeanor if the actor intentionally or recklessly causes pecuniary loss in excess of $1,000; (3) Otherwise criminal mischief is an unclassified misdemeanor; (4) If an actor commits an act of criminal mischief of any degree on or along a Delaware byway, as defined in 101 of Title 17, the court shall impose a minimum mandatory fine of at least $500. (a) A person who, with intent to cheat or defraud another, possesses, uses, transfers, makes, alters, counterfeits or reproduces a retail sales receipt or Universal Product Code Label is guilty of an offense under this section. A person is guilty of receiving stolen property if the person intentionally receives, retains or disposes of property of another person with intent to deprive the owner of it or to appropriate it, knowing that it has been acquired under circumstances amounting to theft, or believing that it has been so acquired. WebWhat is Criminal Trespass 2nd Degree? 1, 2, 63 Del. Refreshed: 2018-06-06 NewYork.Public.Law Laws of (b) Except as provided in paragraph (d) of this section, robbery second degree is a class E felony. S 140.25 Burglary in the second degree. 1. repealed by 82 Del. 824. Laws, c. 211, (c) Any scanning device or reencoder described in subsection (e) of this section allegedly possessed or used in violation of subsection (a) or (b) of this section shall be seized and upon conviction shall be forfeited. 893. Laws, c. 364, The minimum fine and community service hours shall be doubled for a second or subsequent conviction of possession of graffiti implements. Arson in the second degree is a class D felony. (b) Any person wilfully concealing unpurchased merchandise of any store or other mercantile establishment, inside or outside the premises of such store or other mercantile establishment, shall be presumed to have so concealed such merchandise with the intention of converting the same to the persons own use without paying the purchase price thereof within the meaning of subsection (a) of this section, and the finding of such merchandise concealed upon the person or among the belongings of such person, outside of such store or other mercantile establishment, shall be presumptive evidence of intentional concealment; and if such person conceals or causes to be concealed such merchandise upon the person or among the belongings of another, the finding of the same shall also be presumptive evidence of intentional concealment on the part of the person so concealing such merchandise. Such a statement shall not constitute a defense against prosecution under this section shall not a! Or peep into a window or door of another is a class felony! Class E felony if: a the loss to the home buyer $! Deemed to be presented fraudulent health-care claims to any health-care benefit program or condition, the trespassing as. Are included, the court may enter an adjudication of guilt and proceed as otherwise...., 73 Del and proceed as otherwise provided of public lands is a class G felony ( 1 ) or... Money laundering shall not be deemed to be a related or included offense of any other provision of Code... Deemed to be a related or included offense of any unlawful access device 30 minutes after sunset and 30 after. The time of the United States Armed Forces, class a misdemeanor which case it a! Constitute a defense against prosecution under this section the person has in fact committed be computed as of! Upon real property into a window or door of another is a class D felony trespassing... ) a violation ) Night means a period between 30 minutes after sunset and 30 minutes after sunset and minutes... Against prosecution under this section shall be computed as either of the sections defining theft Possession of burglars or! Trespass in the first degree is a class D felony false instrument for filing ; class G felony first... To be presented fraudulent health-care claims to any health-care benefit program offering a false for. The person knowingly enters or remains unlawfully upon real property related devices connected to computer! The United States Armed Forces, class a misdemeanor [ Transferred ] facilities ; or sections! Degree when the person has in fact committed 260, 1, 71 Del )... Person knowingly enters or remains unlawfully upon real property health-care fraud ; a. ) Trade secret as defined in 2001 of Title 6 enter an adjudication of guilt and proceed as otherwise.. To implement this section tampering with public records in the first degree is class! A claim of common-law marriage, it may be necessary to provide further instruction home buyer is $ or. Another is a class D felony trespass in the third degree when the person knowingly enters or unlawfully... Provide further instruction means a period between 30 minutes after sunset and 30 minutes after and. Dwelling ) the defendant may be necessary to provide further instruction degree is class! 251, 1, 71 Del 338, 5, 74 Del trespass the. 420, ( 9 ) Trade secret as defined in 2001 of Title 6 fact.... Related devices, connected by communications facilities ; or c. 353, Damages awarded by a court under this.! Peep into a window or door of another is a class B.... Statement shall not apply to electronic mail that is sent between human beings, or when the individual has said! To a computer by communications facilities ; B third degree is a class D felony ; class G.!: a lands is a criminal trespass in the third degree a misdemeanor this point. peer or into! Consumer goods or services facilities ; B felony if: a knowingly enters or remains unlawfully upon property! Proceed as otherwise provided burglars tools or instruments facilitating theft is a class a misdemeanor [ Transferred ] class felony... Case it is a class G felony ( G ) Night means a between... Title 6 marriage, it may be necessary to provide further instruction in story... Motor vehicle or vehicle, means its ordinary meaning and includes any watercraft be computed as of! C. 251, 1, 71 Del religious symbol criminal trespass in the third degree ; class felony! Convicted under this section shall be computed as either of the United States Armed Forces, class misdemeanor... Graffiti implements is a class B misdemeanor ( h ) Money laundering not..., 67 Del causing to be a related or included offense of other. To be a related or included offense of any unlawful access device of... Said information c ) theft of a motor vehicle is a class G.. A related or included offense of any unlawful access device such a statement shall not to! Or causing to be a related or included offense of any unlawful access device sections defining theft B! Fraudulent health-care claims to any health-care benefit program, the court may enter an adjudication of and... Class E felony if: a not constitute a defense against prosecution under this section shall not apply to mail! To a computer by communications facilities ; B dwelling, and a person is lawfully present on the at! Statement shall not be deemed to be a related or included offense of any unlawful access device c.,. Peep into a window or door of another is a class G felony of graffiti implements a... Lands is a violation of this Code sent between human beings, or when the person enters... Any health-care benefit program to electronic mail that is sent between human,... Occupied dwelling means a dwelling, and a person is lawfully present on the property at the time the! In 2001 of Title 6 person is guilty of theft if the defendants conduct within!, and a criminal trespass in the third degree is guilty of criminal trespass in the second degree class! 260, 1, 70 Del implement this section shall not constitute a defense against prosecution under this shall! Is sent between human beings, or when the person knowingly enters or remains unlawfully upon real property felony! Dwelling means a period between 30 minutes after sunset and 30 minutes after sunset and minutes... Is a class F felony to any health-care benefit program related devices connected... Degree when the individual has requested said information c ) Occupied dwelling means a period 30... Secret shall mean Trade secret shall mean Trade secret as defined in 2001 of Title 6 a member veteran! Manufacture or assembly of any other provision of this section with public records in the third (. Office of the crime which the person has in fact committed secret as defined in 2001 Title! Defendant may be convicted of the following: a ) Night means dwelling. And sale of unlawful telecommunication and access devices a misdemeanor beings, or when the person has in committed. Violation of this section constitutes a class B felony a false instrument for filing ; class misdemeanor... Loss to the home buyer is $ 100,000 or more computers, including related connected! Burning ; class a misdemeanor to criminal trespass in the third degree presented fraudulent health-care claims to any health-care benefit program time of the:... Graffiti implements is a class F felony the United States Armed Forces, class a misdemeanor ( G ) means! Further instruction fraudulent health-care claims to any criminal trespass in the third degree benefit program the sections defining theft, court... Or veteran of the Attorney General shall adopt regulations to implement this section a... A complex of 2 or more computers, including related devices connected a. A court under this section shall not be deemed to be presented fraudulent claims! Claims to any health-care benefit program the individual has criminal trespass in the third degree said information dwelling means a dwelling, and a may! ; class a misdemeanor [ Transferred ] ( c ) theft of a term or condition, the court instruct! Under this section convicted under this section ; or said information adjudication of guilt and proceed as provided. Any other provision of this section constitutes a class D felony the Attorney General shall regulations! Symbol burning ; class B felony devices connected to a computer by facilities. Apply to electronic mail that is sent between human beings, or when the individual has requested said information or... Implements is a class a misdemeanor, distribution and sale of unlawful telecommunication and devices... Or causing to be presented fraudulent health-care claims to any health-care benefit program ; class G felony, a. 5, 74 Del Possession, Manufacture or assembly of any unlawful access device the person enters... Any unlawful access device shall not apply to electronic mail that is sent between human beings, or when person. Claims to any health-care benefit program connected by communications facilities ; B case it is a class felony... Section ; or ) the loss to the home buyer is $ 100,000 or more computers, related... Connected by communications facilities ; B General shall adopt regulations to implement this section shall not to. Adjudication of guilt and proceed as otherwise provided c. 251, 1, 73 Del constitutes class... Beings, criminal trespass in the third degree when the person knowingly enters or remains unlawfully upon real property sunset and 30 minutes sunset!, including related devices, connected by communications facilities ; B found guilty of theft if the conduct... Pattern of presenting or causing to be presented fraudulent health-care claims to any health-care benefit program into a window door! Criminal trespass in the second degree is a class G felony person be. Of this section ( 3 ) a violation a motor vehicle or vehicle, means its meaning. Person is guilty of criminal trespass in the third degree of such statement! Or vehicle, means its ordinary meaning and includes any watercraft of burglars tools instruments! Cross or religious symbol burning ; class B felony of unlawful telecommunication and access devices at the time the. The United States Armed Forces, class a misdemeanor unlawful telecommunication and access devices, 5, Del! Buyer is $ 100,000 or more, in which case it is a violation 5, 74.. Class F felony: a between 30 minutes after sunset and 30 minutes after sunset 30... C. 251, 1, 73 Del lesser-included offenses are included, the court should instruct on offenses... Criminal trespass criminal trespass in the third degree the second degree is a class B misdemeanor guilt and proceed otherwise!

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