(1) The person offers, confers or agrees to confer any benefit upon any employee, agent or fiduciary without the consent of the latters employer or principal, with intent to influence the latter to take some action with regard to the latters employers or principals affairs which would not be warranted upon reasonable consideration of the factors which that person should have taken into account; or, (2) The person offers, confers or agrees to confer any benefit upon duly appointed representative of a labor organization or duly appointed trustee or representative of an employee welfare trust fund, with intent to influence the latter in respect to any of that persons acts, decisions or duties as a representative or trustee; or, (3) The person offers, confers or agrees to confer any benefit upon a participant in a sports contest, with intent to influence that the participant not to give the best effort in a sports contest; or. The quantity or retail value of items or services shall include the aggregate quantity or retail value of all items or services bearing or identified by every counterfeit mark the defendant manufactures, uses, displays, advertises, distributes, offers for sale, sells or possesses. 826. (e) Definitions relating to subsection (d) of this section. Laws, c. 227, 1, 75 Del. 1, 59 Del. 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. (2) Special orders of consumer goods or services. (2) Third degree criminal trespass is a petty offense, but it is a class 5 felony if the person trespasses on premises so classified as agricultural land with the intent to commit a felony thereon. Health-care fraud; class B felony; class D felony; class G felony. (c) Falsifying business records is a class A misdemeanor. A person is guilty of trespassing with intent to peer or peep into a window or door of another when the person knowingly enters upon the occupied property or premises of another utilized as a dwelling, with intent to peer or peep into the window or door of such property or premises and who, while on such property or premises, otherwise acts in a manner commonly referred to as Peeping Tom. Any person violating this section may be referred by the court to the Delaware Psychiatric Center for examination and for treatment. (4) Engages in conduct which causes or creates a substantial risk of physical injury to another person. All commercial electronic mail sent to any receiving address within the State shall have information to the recipient on how to unsubscribe or stop further receipt of commercial electronic mail from the sender. 1, 77 Del. Receiving stolen property is a class A misdemeanor unless the value of the property received, retained or disposed of is $1,500 or more, or unless the receiver has twice before been convicted of receiving stolen property, in which case it is a class G felony. 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, (2) Assists, abets, solicits or conspires with another to prepare or make any written or oral statement that is intended to be presented to any insurer in connection with, or in support of, any claim for payment or other benefit pursuant to an insurance policy, knowing that such statement contains any false, incomplete or misleading information concerning any fact or thing material to such claim. 3, 60 Del. Laws, c. 126, 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. (c) When theft or any related offense is committed in violation of this title pursuant to 1 scheme or continuous course of conduct, whether from the same or several sources, the conduct may be considered as 1 offense and the value of the property or services aggregated in determining whether the theft is a felony or misdemeanor. As used in this section publishes means the communication of information to any 1 or more persons, either orally, in person or by telephone, radio or television, or in a writing of any kind, including without limitation a letter or memorandum, circular or handbill, newspaper or magazine article or book. Laws, c. 464, Laws, c. 260, 5, 73 Del. (a) A person is guilty of wage theft when the person violates 1102A(a)(1), (a)(4), (a)(5), or (a)(6) of Title 19. 1, 74 Del. (2) The rentees last known address if later furnished in writing by the rentee or the rentees agent. Web(a) A person in lawful possession of land or tangible, movable property is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to prevent or terminate the other's trespass on the land or unlawful interference with the property. (b) A person is guilty of home improvement fraud who enters, or offers to enter, into a home improvement contract as the provider of home improvements to another person, and who with the intent specified in 841 of this title: (1) Uses or employs any false pretense or false promise as those acts are defined in 843 and 844 of this title; (2) Creates or reinforces a persons impression or belief concerning the condition of any portion of that persons dwelling or property involved in said home improvement contract knowing that the impression or belief is false; (3) Makes any untrue statement of a material fact or omits to state a material fact relating to the terms of the home improvement contract or the existing condition of any portion of the property which is the subject of said contract; (4) Receives money for the purpose of obtaining or paying for services, labor, materials or equipment and fails to apply such money for such purpose by: a. Laws, c. 482, (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. 836. 803. i was walking near railroad tracks with friends and then a cop saw us and stopped us. (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 Laws, c. 426, (4) The person offers, confers or agrees to confer any benefit upon an official in a sports contest, with intent to influence the official to perform duties improperly. Laws, c. 497, , Structuring; avoiding a transaction reporting requirement. Refreshed: 2018-06-06 NewYork.Public.Law Laws of 824. Robbery in the first degree; class B felony. (3) Telecommunications device. 4, 74 Del. This section shall not apply to electronic mail that is sent between human beings, or when the individual has requested said information. 846. A person commits criminal trespass in the third degree by: WebJean Santiago Rodriguez, 30, of Saratoga Springs, was charged Jan. 12 with two counts of assault in the third-degree. (5) Structure or structuring means that a person, acting alone, or in conjunction with, or on behalf of, other persons, conducts or attempts to conduct 1 or more transactions in currency, in any amount, at 1 or more financial institutions, including video lottery facilities, on 1 or more days, in any manner, for the purpose of evading currency transaction reporting requirements provided by state or federal law. Any person convicted a second or subsequent time of ticket scalping shall be guilty of a class A misdemeanor. (b) The failure of any business or other commercial entity, prior to the completion of a transaction (other than a transaction by mail) for which a check is accepted in person by the payee as consideration for goods or services provided by the payee, to: (1) Request and inspect the persons valid drivers license or other photo identification card, which lists the persons name, address, date of birth and approximate height and weight, to validate the identity of the person presenting the check; and. Burglary in the first degree; class C or B felony. 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 878. 1-3, 77 Del. Transfer of recorded sounds; class G felony. (c) A person who has obtained services from a public utility by installing, rearranging or tampering with any facility or equipment owned or used by the public utility to provide such services, or by any other trick or contrivance, is presumed to have done so with an intent to avoid, or to enable others to avoid, payment for the services involved. A. 841B. Unlawful use of payment card; class G felony; class A misdemeanor. 848. 6, 77 Del. (1) A person commits the crime of third degree criminal trespass if such person unlawfully enters or remains in or upon Laws, c. 252, Laws, c. 106, S 140.20 Burglary in the third degree. (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. (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. A person is guilty of the computer crime of unrequested or unauthorized electronic mail: (1) When that person, without authorization, intentionally or recklessly distributes any unsolicited bulk commercial electronic mail (commercial E-mail) to any receiving address or account under the control of any authorized user of a computer system. (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. (e) A person enters or remains unlawfully in or upon premises when the person is not licensed or privileged to do so. 1. repealed by 82 Del. Theft of rented property is a class A misdemeanor, unless the value of the property is $1,500 or more, in which case it is a class G felony. 10, 11, 76 Del. 1, 70 Del. If a person is convicted of a violation of 922 of this title, the court in its sentencing order shall order the forfeiture and destruction or other disposition of: (1) All articles on which the conviction is based; and. Use of payment card information. Laws, c. 222, Laws, c. 475, Interference with levied-upon property is a class A misdemeanor. Prosecution under this section does not preclude prosecution under any other section of the Code. (c) The sentencing provisions of this section apply to attempted robbery in the first degree as well as robbery in the first degree. (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. The defendant has been previously convicted of 2 or more offenses under this section; b. Criminal trespass in the second degree; unclassified misdemeanor. Webcriminal trespass in the third degree. 860. Laws, c. 162, (4) In addition to the penalties otherwise authorized by this subsection, a person convicted under this section may be subject to a fine of up to 5 times the pecuniary benefit obtained or sought to be obtained through the persons violation of this section. b. 4, 70 Del. 1, 60 Del. (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. (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. (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. The lack of such a statement shall not constitute a defense against prosecution under this section. In determining the violators profits, the complaining party shall be required to prove only the violators gross revenue, and the violator shall be required to prove the violators own deductible expenses and the elements of profit attributable to factors other than the violation; or. Debt adjusting; class B misdemeanor. 1, 71 Del. Intention and ability to meet obligations as affirmative defense. No Internet/interactive service provider shall be liable for merely transmitting an unsolicited, bulk commercial electronic mail message in its network. Theft, receiving stolen property no defense; receiving stolen property, theft no defense; conviction of both offenses. Intellectual property affixed to any item knowingly sold, offered for sale, manufactured or distributed or identifying services offered or rendered, without the authority of the owner of the intellectual property. Trespass. A license or privilege to enter or remain in a building which is only partly open to the public is not a license or privilege to enter or remain in that part of the building which is not open to the public. (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. 908. Laws, c. 47, 855. (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. Laws, c. 260, WebCRIMINAL TRESPASS IN THE THIRD DEGREE (Elementary or Secondary School) Penal Law 140.10(b) (Committed on or after Nov. 1, 1987) definition of unlawfully when the trespass is premised on a violation of an order of protection in order to accord with the dictates of People v Cajigas,19 NY3d 697 (2012). 863. 841. Laws, c. 353, 2, 72 Del. (a) The Office of the Attorney General, in cooperation with any law-enforcement agency, may issue an identity theft passport to a person who is a victim of identity theft in this State and who has filed a police report citing that such person is a victim of a violation of 854 of this title. 935. For an offense that was committed pursuant to paragraph (a)(3) of this section and the deadly weapon was a firearm, and within 7 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 7 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. (2) Possession of graffiti implements is a class B misdemeanor. A person is guilty of interference with levied-upon property when the person hides, destroys or removes from the county in which it is situated when levied upon or seized any property which the person knows has been levied upon or seized under execution, attachment process or distress for rent. Laws, c. 517, (2) A person shall be guilty of a class F felony if: a. Other crime in committing burglary punishable. Laws, c. 423, Making or having burglar tools. Webdegree. Laws, c. 203, Laws, c. 443, (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. (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. 1, 60 Del. 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. (8) Services include labor, professional service, transportation, telephone, gas, electricity or other public service, accommodation in hotels, restaurants or elsewhere, admission to exhibitions and use of vehicles or other movable property. Laws, c. 93, (4) a. (1) Another person means and includes the owner of the motor vehicle or any operator, occupant, passenger of the motor vehicle or any other person who has an interest in the use of the motor vehicle which the offender is not privileged to infringe. 909. 913. Criminal impersonation; class A misdemeanor. A pharmacy, hospital or other institution 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. Web511.080 Criminal trespass in the third degree. Laws, c. 97, 1, 71 Del. The violation involved more than 100 but less than 1,000 items bearing a counterfeit mark or the total retail value of all items or services bearing or identified by a counterfeit mark is more than $2,000, but less than $10,000. 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. 260, (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. The violation involved the manufacture or production of items bearing counterfeit marks; or. Possession of forgery devices; class G felony. Laws, c. 34, (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. Laws, c. 497, The instructions are, of course, based on statutory provisions and prevailing case law. Laws, c. 211, Laws, c. 211, Fraud in insolvency; class A misdemeanor. Arson in the third degree is a class G felony.
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