Laws, c. 438, Laws, c. 358, (a) A person is guilty of burglary in the second degree when the person knowingly enters or remains unlawfully in a dwelling with intent to commit a crime therein. Laws, c. 464, 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. Laws, c. 133, Fraudulent receipt of public lands is a class G felony. (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. b. (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. 1, 75 Del. 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. (b) In any prosecution for any violation of 932-938 of this title based upon more than 1 act in violation thereof, the offense shall be deemed to have been committed in any of the places at which any of the acts occurred or in which a computer system or part thereof involved in a violation was located. (b) For purposes of this section, a series of wage thefts committed by a person or group of persons may be aggregated into 1 count or charge, with the sum of the aggregate loss to employees and this State being the value considered in determining the degree of wage theft. Any federal or state certificate of registration of any intellectual property shall be prima facie evidence of the facts stated therein. Web(e) For a felony of the third degree, by a term of imprisonment not exceeding 5 years. Any disclosure made under summons or subpoena to appropriately authorized law enforcement personnel; 3. Phones altered to obtain service without the express consent or express authorization of the telecommunication service provider, tumbler phones, counterfeit or clone phones, tumbler microchips, counterfeit or clone microchips, and other instruments capable of disguising their identity or location or of gaining unauthorized access to a telecommunications system, network or facility operated by a telecommunication service provider; and. Laws, c. 60, (1) Access means to instruct, communicate with, store data in or retrieve data from a computer, computer system or computer network. A person commits theft when, with the intent prescribed in 841 of this title, the person obtains property of another person by means of a representation, express or implied, that the person or a third person will in the future engage in particular conduct, and when the person does not intend to engage in such conduct or, as the case may be, does not believe the third person intends to engage in such conduct. 4, 74 Del. (c) A merchant, a store supervisor, agent or employee of the merchant 18 years of age or older, who has probable cause for believing that a person has intentionally concealed unpurchased merchandise or has committed shoplifting as defined in subsection (a) of this section, may, for the purpose of summoning a law-enforcement officer, take the person into custody and detain the person in a reasonable manner on the premises for a reasonable time. Fraudulent receipt of public lands; class G felony. 1, 70 Del. (b) Criminal impersonation of a police officer, firefighter, emergency medical technician (EMT), paramedic or fire police is a class E felony, unless during the course of the commission of the crime, or while in immediate flight therefrom, the person or another participant in the crime: (2) Commits a class A felony or class B felony as defined by this title or any sexual offense as defined by 761(i) of this title, in which case it is a class C felony. (c) (1) Except as provided in paragraphs (2) and (3) of this subsection, health-care fraud is a class G felony. Laws, c. 345, 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. (9) Data means information of any kind in any form, including computer software. (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. (15) Property means anything of value, including data. (4) Health-care provider means any health-care professional, an owner or operator of a health-care practice or facility, any person who creates the impression that the person or the persons practice or facility can provide health-care services, or any person employed or acting on behalf of any of the aforementioned persons. Laws, c. 241, Any electronic serial number, mobile identification number, personal identification number or any telecommunication device that is capable of acquiring or facilitating the acquisition of a telecommunication service without the express consent or express authorization of the telecommunication service provider, or that has been altered, modified, programmed or reprogrammed alone or in conjunction with another telecommunication device or other equipment to so acquire or facilitate the unauthorized acquisition of a telecommunication service. (a) Any person who knowingly manufactures, uses, displays, advertises, distributes, offers for sale, sells or possesses with intent to sell or distribute any items or services bearing or identified by a counterfeit mark shall be guilty of the crime of trademark counterfeiting. .050 Possession of burglar's tools. (b) (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. (3) Notwithstanding paragraphs (c)(1) and (2) of this section: a. , Forfeiture of unlawful telecommunication or access devices. Unlawful operation of a recording device. It Doesnt Mean Youre Guilty. Find the best ones near you. 836. Laws, c. 275, Criminal trespass in the second degree. b. Laws, c. 478, Laws, c. 329, Laws, c. 517, 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. Laws, c. 150, 6, 70 Del. (b) Possession of burglars tools or instruments facilitating theft is a class F felony. b. Interrupts or adds data to data residing within a computer system; (3) That person knowingly receives or retains data obtained in violation of paragraph (1) or (2) of this section; or. (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. 5, 70 Del. Webcriminal trespass in the third degree. (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. (j) A person possesses burglar tools or instruments facilitating theft under circumstances evincing an intent to use or knowledge that some other person intends to use such when the person possesses the tools or instruments at a time and a place proximate to the commission or attempt to commit a trespass, burglary, home invasion, or theft-related offense or otherwise under circumstances not manifestly appropriate for what lawful uses the tools or instruments may have. 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. Laws, c. 350, (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. (c) For home improvement fraud under this section, it shall be prima facie evidence of the intent specified in 841 of this title that the person offering or agreeing to provide home improvements: (1) Has been previously convicted under this section or under a similar statute of the United States or of any state or of the District of Columbia within 10 years of the home improvement contract in question; (2) Is currently subject to any administrative orders, judgments or injunctions that relate to home improvements under Chapter 25 of Title 6; (3) Failed to comply with Chapter 44 of Title 6 with respect to the home improvement contract in question; or. Arson in the third degree is a class G felony. (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. (d) Proof of pecuniary loss is not required to establish actual damages in connection with an alleged violation of 935 of this title arising from misuse of private personal data. 1, 2, 77 Del. Laws, c. 31, 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. (4) That person uses or discloses any data which that person knows or believes was obtained in violation of paragraph (1) or (2) of this section. (1) Any broadcaster who, in connection with or as part of a radio, television or cable broadcast transmission, or for the purpose of archival preservation, transfers any such sounds recorded on a sound recording; (2) Any person who transfers such sounds in the home, for personal use, and without compensation for such transfer; (3) Any phonograph record, disc, wire, tape, film or other article upon which sound is recorded where a period of 50 years has transpired since the original fixation of sounds thereon was made by the owner or on the owners behalf. (a) No person shall sell, resell or exchange any ticket to any event or exhibit at a price higher than the original price on the day preceding or on the day of an event at the Bob Carpenter Sports/Convocation Center on the South Campus of the University of Delaware or of a NASCAR Race held at Dover Downs, or on any state or federal highway artery within this State. (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. 83-91, 371, 78 Del. Laws, c. 126, (2) All seized personal property referenced in paragraph (g)(1) of this section shall be forfeited in accordance with applicable law, unless the prosecuting attorney responsible for the charges and the intellectual property owner consent in writing to another disposition. b. (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. 909. (2) Drives or operates the vehicle in violation of 4177 of Title 21. Laws, c. 252, (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. 34, (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. Laws, c. 147, (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. (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. Theft: Organized retail crime; class A misdemeanor; class E felony. Failing to substantially complete the home improvement for which the funds were provided; or, b. 823. (12) The Internet is a hierarchy of computer networks and systems that includes, but is not limited to, commercial (.com or .co), university (.ac or .edu) and other research networks (.org, .net) and military (.mil) networks and spans many different physical networks and systems around the world. (b) In any prosecution under this section it is an affirmative defense that: (1) No person other than the accused had a possessory or proprietary interest in the building, or if other persons had such interests, all of them consented to the accuseds conduct; and, (2) The accuseds sole intent was to destroy or damage the building for a lawful purpose; and. 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. (2) Forgery is forgery in the second degree if the written instrument is or purports to be any of the following: a. Securing execution of documents by deception; class A misdemeanor. 852. (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. Laws, c. 377, A person is guilty of burglary in the third degree when the person knowingly enters or remains unlawfully in a building with intent to commit a crime therein. Laws, c. 129, A. b. 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). , 58 Del. Bribe receiving; class A misdemeanor. A. A person is guilty of trespass when he knowingly enters or remains unlawfully in For the purpose of this section, gain means the amount of money or the value of property or computer services or other consideration derived. Fraudulent conveyance of public lands; class G felony. Any person convicted a second or subsequent time of ticket scalping shall be guilty of a class A misdemeanor. Criminal impersonation is a class A misdemeanor. 1, 2, 75 Del. [If lesser-included offenses are included, the Court should instruct on those offenses at this point.] A person commits theft when, with the intent prescribed in 841 of this title, the person obtains property of another person by intentionally creating or reinforcing a false impression as to a present or past fact, or by preventing the other person from acquiring information which would adversely affect the other persons judgment of a transaction. 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. 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. (c) Theft of a motor vehicle is a class G felony. (b) A person convicted of violating this section shall be guilty of a class A misdemeanor, unless the person is convicted of possessing 15 or more illegitimate retail sales receipts or Universal Product Code Labels or the aggregate value of the money, property or services illegally obtained or credited to an account is $1,500 or more, in which case it is a class F felony. (f) Nothing in this section shall preclude prosecution under any other provision of law. Material, including hardware, cables, tools, data, computer software or other information or equipment, knowing that the purchaser or a third person intends to use the material in the manufacture of an unlawful telecommunication or access device. Kind in any form, including Data property shall be prima facie evidence of the third degree is class... 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