(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. A person is guilty of debt adjusting if the person makes a contract, either express or implied, with a particular debtor, whereby the debtor agrees to pay a certain amount of money periodically to the person engaged in the debt-adjusting business who shall, for a consideration, distribute the same among certain specified creditors in accordance with a plan agreed upon. Misuse of computer system information. (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. (e) A violation of subsection (a) of this section is a class D felony. (b) A person is guilty of new home construction fraud who, with the intent specified in 841 of this title, enters into a new home construction contract and: (1) Uses or employs any false pretense or false promise as those acts are defined in 843 and 844 of this title; or, (2) Receives payments and intentionally fails to use said payment or payments for the purpose or purposes identified in the new home construction contract and/or diverts said payment or payments to a use or uses other than the erection, installation or construction of the dwelling identified therein; or. c. Any person or entity providing any telecommunication service directly or indirectly by or through any such distribution systems, networks or facilities. Any disclosure made under summons or subpoena to appropriately authorized law enforcement personnel; 3. (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. Laws, c. 110, 1-3, 77 Del. (2) Publishes a payment card or code of an existing, canceled, revoked, expired or nonexistent payment card, or the numbering or coding which is employed in the issuance of payment cards, with the intent that it be used or with knowledge or reason to believe that it will be used either: to avoid the payment for any money, goods, services, or anything of value; or without authorization of the card holder. (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. b. Whenever criminal mischief is committed upon more than one item of property at A person who commits a trespass while hunting deer, other than a farm deer as Criminal trespass in the second degree is an unclassified misdemeanor. 908. Laws, c. 227, Laws, c. 133, 1. repealed by 82 Del. What Is The Difference Between DUI And DWAI? Computer crime in the fourth degree is a class A misdemeanor. 1, 77 Del. (a) A person is guilty of arson in the second degree when the person intentionally damages a building by starting a fire or causing an explosion. A person may be convicted of the crime which the person has in fact committed. Forgery in the second degree is a class G felony. 1, 70 Del. WebWhat is Criminal Trespass 2nd Degree? (4) Engages in conduct which causes or creates a substantial risk of physical injury to another person. 891. 10, 79 Del. (a) Burglars tool or instruments includes the term bump key which is a type of key used for a specific lock picking technique called lock bumping. Fraud in insolvency; class A misdemeanor. 936. 937. 1, 75 Del. Receiving stolen property; presumption of knowledge. 2, 74 Del. Laws, c. 125, (d) (1) Except where the person who purchased the home improvement is 62 years of age or older, or an adult who is impaired as defined in 3902 of Title 31, or a person with a disability as defined in 3901(a)(2) of Title 12, home improvement fraud is a class A misdemeanor, unless the loss to the person who purchased the home improvement is $1500 or more, in which case it is a class G felony. Securing execution of documents by deception is a class A misdemeanor. Laws, c. 221, (4) a. Criminal impersonation of a police officer, firefighter, emergency medical technician (EMT), paramedic or fire police; class E felony, class C felony. Laws, c. 47, Laws, c. 130, Laws, c. 345, Trademark counterfeiting. 6, 70 Del. For purposes of this subsection, related offenses shall include, but are not limited to, violations of 861, 900 and 903 of this title. A person commits the crime of burglary in the third degree if he/she knowingly enters or remains unlawfully in a dwelling with the intent to commit a crime therein. (3) A violation of this section constitutes a class E felony if: a. 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). 6, 74 Del. 872. Unlawfully concealing a will; class G felony. Web511.080 Criminal trespass in the third degree. Other crime in committing burglary punishable. Arson in the second degree; affirmative defense; class D felony. (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. [Insert Appropriate Use Notes From Criminal Mischief III Instructions.] (c) The term motion picture theater means a movie theater, screening room, or other public venue that is being utilized primarily for the exhibition of a motion picture at the time of the offense. 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. 1, 66 Del. (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. Laws, c. 590, A person is guilty of selling stolen property if, after the person receives stolen property pursuant to 851 of this title, the person sells some or all of the stolen property received. 3, 60 Del. 83-91, 371, 78 Del. 823. Web(e) For a felony of the third degree, by a term of imprisonment not exceeding 5 years. Manufacture, distribution or possession of master keys for motor vehicles. Criminal impersonation, accident related, is a class G felony. 7, 68 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. Use of illegitimate retail sales receipt or Universal Product Code Label. Laws, c. 233, 1, 68 Del. Prosecution and sentencing for money laundering shall not be deemed to preclude prosecution or sentencing under any other provision of this Code. Laws, c. 125, (2) Health-care fraud is a class D felony if the elements of subsection (a) of this section are met and if: a. .050 Possession of burglar's tools. 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. Grant preliminary and final injunctions to prevent or restrain violations of this section; b. Laws, c. 251, 27, 67 Del. A person is guilty of misapplication of property when, knowingly possessing personal property of another pursuant to an agreement that it will be returned to the owner at a future time, the person sells, loans, leases, pledges, pawns or otherwise encumbers the property without the consent of the owner thereof in such a manner as to create a risk that the owner will be unable to recover it or will suffer pecuniary loss. Laws, c. 240, (d) It is a defense to prosecution under this section that the transaction was necessary to preserve a persons right to representation as guaranteed by the Sixth Amendment of the United States Constitution or by article I, 17 of the Delaware Constitution or that the funds were received as bona fide legal fees by a licensed attorney and at the time of their receipt, the attorney did not have actual knowledge that the funds were derived from criminal activity. A person is guilty of issuing a false certificate when, being a public servant authorized by law to make or issue official certificates or other official written instruments, and with intent to defraud, deceive or injure another person, the person issues such an instrument, or makes the same with intent that it be issued, knowing that it contains a false statement or false information. The defendant has been convicted previously under this section or convicted of any similar crime in this or any Federal or other state jurisdiction; or. Mislabeled means varying from the standard of truth or disclosure in labeling prescribed by or pursuant to any statute providing criminal penalties for such variance, or set by established commercial usage; or, (5) Makes a false or misleading statement in any advertisement addressed to the public or to a substantial segment thereof intending to promote the sale or increase the consumption of property or services; or, (6) Makes a false or misleading written statement for the purpose of promoting the sale of securities, or omits information required by law to be disclosed in written documents relating to securities; or. Laws, c. 147, 913. In addition, knowledge that property has been acquired under circumstances amounting to theft shall be presumed in the case of a person or dealer who acquires it for a consideration, when such property consists of traffic signs, other traffic control devices or historical markers and the acquisition is not accompanied by a written authorization for the propertys disposition from the Department of Transportation, Department of State or other entity which owns the property. (b) Notwithstanding any provisions of this section or Code to the contrary, any person convicted of robbery in the first degree shall receive a minimum sentence of: (2) Five years at Level V, if the conviction was either of the following: a. (5) Pattern of presenting or causing to be presented means 3 or more instances of conduct that constitute presenting or causing to be presented fraudulent health-care claims. 1, 70 Del. 1, 70 Del. 832. e. A prescription of a duly licensed physician or other person authorized to issue the same for any drug or any instrument or device for which a prescription is required by law. 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. Additional resources provided by the author Arizona Criminal Trespass in the 3rd 6-9. Laws, c. 260, Laws, c. 260, (a) In any prosecution for theft or theft of a firearm, it is no defense that the accused is in fact guilty of receiving stolen property or receiving a stolen firearm. (b) A person may record the address or telephone number of a payment card holder if the information is necessary for: (1) The shipping, delivery or installation of consumer goods; or. Any disclosure of names and addresses only for commercial mailing list purposes. (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 1 926. (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. Laws, c. 133, WebCriminal trespass in the first degree is a class D felony. 8, 66 Del. According to ARS 13-1502, third degree criminal trespass is considered to be a class 3 misdemeanor. Robbery in the first degree is a class B felony. (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. (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. 2, 74 Del. (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. Laws, c. 63, 13, 64 Del. Laws, c. 126, 1, 78 Del. (f) Prosecution under this section does not preclude prosecution or sentencing under any other section of this Code. Falsifying business records; defense. (a) A person is guilty of criminal impersonation of a police officer, firefighter, emergency medical technician (EMT), paramedic or fire police when the person, intending to facilitate the commission of a crime or while in immediate flight therefrom: (1) Intentionally and without lawful authority impersonates or otherwise pretends to be a police officer, firefighter, emergency medical technician (EMT), paramedic or fire police; or. (d) Violation of this section is an unclassified misdemeanor. Theft of property from a cemetery. 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. Laws, c. 333, February 27, 2023 By scottish gaelic translator By scottish gaelic translator 912. (a) A person is guilty of criminal mischief when the person intentionally or recklessly: (1) Damages tangible property of another person; or, (2) Tampers with tangible property of another person so as to endanger person or property; or. Laws, c. 179, 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. (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. Criminal trespass in the first degree; class A misdemeanor. Laws, c. 350, (2) Manufacture or assembly of unlawful telecommunications device. Tampering with public records in the second degree; class A misdemeanor. 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. 851. To convict, the State must prove beyond a reasonable doubt each of the following elements: Any unauthorized reproduction or copy of intellectual property. (b) 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. 1, 59 Del. Definition of payment card. Webcriminal trespass in the third degree. Knowledge that property has been acquired under circumstances amounting to theft may be presumed in the case of a person who acquires it for a consideration which the person knows is substantially below its reasonable value, or that a person possesses property whose affixed identification or serial number is altered, removed, defaced or falsified. Examples of the Crime There are many different examples of criminal trespass in the third degree. 841C. Extortion; class E felony. (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. (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. Laws, c. 93, 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. (2) That person engages in conduct which creates a risk of serious physical injury to another person. A person commits criminal trespass in the third degree by: 1. 1, 83 Del. Criminal impersonation is a class A misdemeanor. 934. 826A. 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. Extortion is a class E felony, except where the victim is a person 62 years of age or older, in which case any violation of this section shall be a class D felony. (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. 1, 73 Del. (2) A home buyer means a person who intends to enter into a new home construction contract for himself or herself or on behalf of any person. (g) For the purposes of this subpart, the value of property or computer services shall be: (1) The market value of the property or computer services at the time of the violation; or.

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