Theft of property from a cemetery. a. Burglary in the second degree; class D felony. 1, 83 Del. (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. 813. Laws, c. 498, (a) A person is guilty of burglary in the first degree when the person knowingly enters or remains unlawfully in an occupied dwelling with intent to commit a crime therein. 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. 2, 74 Del. [and the premises have been classified by the (2) Compel the owner of the property or another person to deliver up the property or to engage in other conduct which aids in the commission of the theft. Sale of transferred recorded sounds; class A misdemeanor. .050 Possession of burglar's tools. (3) Videotape distributor means a person who sells or rents videotapes. 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. Examples of the Crime There are many different examples of criminal trespass in the third degree. Under our law, a person is guilty of Criminal Trespass in the Third Degree when that person knowingly enters Laws, c. 179, 1, 68 Del. 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. Health-care benefit program also includes any individual or entity who is providing a medical benefit, equipment, medication or service for which payment may be made under a plan or contract for the provision of such benefits or services. (9) Trade secret shall mean trade secret as defined in 2001 of Title 6. A person is guilty of criminal impersonation when the person: (1) Impersonates another person and does an act in an assumed character intending to obtain a benefit or to injure or defraud another person; or, (2) Pretends to be a representative of some person or organization and does an act in a pretended capacity with intent to obtain a benefit or to injure or defraud another person; or. 2, 74 Del. Interruption of computer services. Laws, c. 517, Remedies of aggrieved persons. (2) A person shall be guilty of a class F felony if: a. 1, 63 Del. Webdegree. (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. (2) Special orders of consumer goods or services. For purposes of this section, property shall include the use of vehicles or other movable property. Laws, c. 260, 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. 14, 77 Del. All other forgery under this paragraph (b)(4) is forgery in the second degree, a class G felony. .060 Criminal trespass in the first degree. This section shall not apply to electronic mail that is sent between human beings, or when the individual has requested said information. Use Notes Upon a claim of common-law marriage, it may be necessary to provide further instruction. The penalty for possession of graffiti implements shall include a minimum fine of not less than $500 which shall not be subject to suspension, restitution for damages to the property and 100 hours of community service, at least 1/2 of which shall be served removing graffiti on public property. (4) For purposes of all civil remedies established for violations of this section, the prohibited activity established in this section applies to each unlawful telecommunication or access device and shall be deemed a separate violation. c. A written instrument officially issued or created by a public office, public servant, or governmental instrumentality. (a) Every prosecution for theft shall be based upon 841 of this title. Laws, c. 316, 1, 65 Del. 805. 1, 73 Del. Laws, c. 34, Theft, receiving stolen property no defense; receiving stolen property, theft no defense; conviction of both offenses. (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. New York Penal Law Section 140.15 - Criminal Trespass in the Second Degree Laws Part 3, Specific Offenses; Title I, Offenses Involving Damage to and Intrusion Upon Property; Article 140, Burglary and Related Offenses; Section 140.15, Criminal Trespass in the Second Degree. (a) Any person who knowingly, wilfully, and with the intent to defraud, possesses a scanning device, or who knowingly, wilfully, and with intent to defraud, uses a scanning device to access, read, obtain, memorize or store, temporarily or permanently, information encoded on the computer chip or magnetic strip or stripe of a payment card without the permission of the authorized user of the payment card is guilty of a class D felony. 855. A person may be convicted of the crime which the person has in fact committed. 1, 2, 75 Del. may result in the refusal of a law-enforcement agency to investigate violations of subsection (a) of this section. Criminal trespass in the first degree is a class A misdemeanor. A person is guilty of the computer crime of theft of computer services when the person accesses or causes to be accessed or otherwise uses or causes to be used a computer system with the intent to obtain unauthorized computer services, computer software or data. (b) 941. Laws, c. 222, Laws, c. 477, 3, effective Oct. 21, 2022. (c) A person convicted of violating this section shall be subject to a fine of not more than $500 for each violation, or imprisonment for not more than 6 months for all violations, or both. WebCriminal trespass in the third degree; classification. (4) Proceeds means funds acquired or derived directly or indirectly from, produced through, or realized through an act. A person is guilty of unlawfully concealing a will when, with intent to defraud, the person conceals, secretes, suppresses, mutilates or destroys a will, codicil or other testamentary instrument. (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. Selling stolen property; class A misdemeanor; class G felony. Webcriminal trespass in the third degree. 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. 345, Securing execution of documents by deception is a class A misdemeanor. Offering a false instrument for filing; class A misdemeanor. Unauthorized use of a vehicle; class A misdemeanor. Laws, c. 133, (6) Unlawful access device. Credit and debit card transaction receipts; unclassified misdemeanor. 951. 3, 79 Del. Laws, c. 46, Justices of the peace shall have concurrent jurisdiction of violations of this section. (5) Computer program means a set of instructions, statements or related data that, in actual or modified form, is capable of causing a computer or computer system to perform specified functions. A set of related devices connected to a computer by communications facilities; b. Laws, c. 408, Laws, c. 350, 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. (c) Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. (a) A person is guilty of forgery when, intending to defraud, deceive or injure another person, or knowing that the person is facilitating a fraud or injury to be perpetrated by anyone, the person: (1) Alters any written instrument of another person without the other persons authority; or, (2) Makes, completes, executes, authenticates, issues or transfers any written instrument which purports to be the act of another person, whether real or fictitious, who did not authorize that act, or to have been executed at a time or place or in a numbered sequence other than was in fact the case or to be a copy of an original when no original existed; or. (b) This section applies only to receipts that are electronically printed and does not apply to transactions in which the sole means of recording the credit or debit card number is by handwriting or by an imprint or copy of the credit or debit card. (3) Computer means a programmable, electronic device capable of accepting and processing data. Laws, c. 151, 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 (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. (e) Quantity or retail value. Motor vehicle as used in this section shall not include any device that is included within the definitions of moped, off-highway (OHV), triped, motorized scooter or skateboard, motorized wheelchair or electric personal assistive mobility device (EPAMD) as defined in 101 of Title 21. 1, 73 Del. Jasay Boone, 49, of Saratoga Springs, was charged Jan. 11 with criminal contempt, and aggravated family offense. Prosecution and sentencing for money laundering shall not be deemed to preclude prosecution or sentencing under any other provision of this Code. As used in this section, the following words and phrases shall have the meanings given to them in this subsection. 6, 74 Del. 9, 60 Del. Webcriminal trespass in the third degree. 1, 76 Del. According to ARS 13-1502, third degree criminal trespass is considered to be a class 3 misdemeanor. Laws, c. 344, (4) If the written instrument is or purports to be provided to an individual by a vaccine provider documenting that an individual has been vaccinated, which bears a government logo or other indication that the written instrument is created by a governmental instrumentality and includes information such as the date an individual received a vaccination and the type of vaccine and lot number, forgery is classified and punished as follows: a. 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