criminal trespass in the third degree

(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. A. Selling stolen property is a class A misdemeanor, unless the value of the resold property is $1,500 or more, or unless the seller has been convicted 2 or more times of selling stolen property, in which cases it is a class G felony. (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. (3) Pretends to be a public servant, or wears or displays without authority any identification, uniform or badge by which a public servant is lawfully distinguished or identified. (6) Unlawful access device. (b) In any prosecution for extortion where the facts are as described in 846(4) of this title, it is an affirmative defense that the accused believed the threatened criminal charge to be true and that the accuseds sole purpose was to compel or induce the victim to take reasonable action to make good the wrong which was the subject of the threatened charge. (4) New home construction means the erection, installation or construction of a dwelling on a fixed foundation on land which is owned or purchased by a home buyer. 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. 1, 72 Del. (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. Laws, c. 133, A person commits criminal trespass in the third degree by: (2) Home improvement means any alteration, repair, addition, modification or improvement to any dwelling or the property on which it is situated, including but not limited to the construction, painting or coating, installation, replacement or repair of driveways, sidewalks, swimming pools, unattached structures, porches, kitchens, bathrooms, chimneys, fireplaces, stoves, air conditioning or heating systems, hot water heaters, water treatment systems, electrical wiring or systems, plumbing fixtures or systems, doors or windows, roofs, gutters, downspouts and siding. (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. (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. (b) Knowledge of the specific nature of the criminal activity giving rise to the proceeds is not required to establish a culpable mental state under this section. Laws, c. 482, The lack of such a statement shall not constitute a defense against prosecution under this section. (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. (3) Recording the number and expiration date of a payment card if the person requesting the information has agreed with the payment card issuer to cash checks as a service to the issuers cardholders and the issuer has agreed to guarantee payment of cardholder checks cashed by that person. The driving privileges of anyone convicted of violating paragraph (1) of this section shall be suspended by the Division of Motor Vehicles for a period of 2 years. 856. 1, 76 Del. (b) For purposes of this section, a series of organized retail crime thefts committed by a person or group of persons may be aggregated into 1 count or charge, with the sum of the value of all the retail merchandise being the value considered in determining the degree of theft: organized retail crime. 8, 74 Del. A person may be convicted both of home invasion burglary first degree and any of the underlying offenses designated in 826(b) of this title. c. Any person or entity providing any telecommunication service directly or indirectly by or through any such distribution systems, networks or facilities. (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. A person commits the crime of criminal trespass in the third degree if A deed, will, codicil, contract, release, assignment, commercial instrument, check, or other instrument which does or may evidence, create, transfer, terminate, or otherwise affect a legal right, interest, obligation, or status. 1, 68 Del. According to ARS 13-1502, third degree criminal trespass is considered to be a class 3 misdemeanor. (2) Drives or operates the vehicle in violation of 4177 of Title 21. (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. Any disclosure made to a collection agency or person designated by the videotape distributor for the purpose of collecting an unreturned videotape or an amount equal to the value of the unreturned videotape; or. (3) Notwithstanding paragraphs (d)(1) and (2) of this section: a. 1, 79 Del. (2) Where the total amount of pecuniary loss caused by the burning or exploding, when totaled for all victims, is $1,500 or more, such burning or exploding shall be a class G felony. Fraudulent receipt of public lands is a class G felony. (3) A person shall be guilty of a class D felony if: a. Sale of transferred recorded sounds; class A misdemeanor. All other forgery under this paragraph (b)(4) is forgery in the second degree, a class G felony. Burglary in the second degree; class D felony. (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. [Insert Appropriate Use Notes From Criminal Mischief III Instructions.] 6, 83 Del. 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. Laws, c. 203, The regulations must include a procedure by which the Office of the Attorney General is reasonably assured that an identity theft passport applicant has an identity theft claim that is legitimate and adequately substantiated. 922. Laws, c. 222, Reckless burning or exploding; class A misdemeanor. 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 Laws, c. 611, (2) Commercial electronic mail or commercial e-mail means any electronic mail message that is sent to a receiving address or account for the purposes of advertising, promoting, marketing or otherwise attempting to solicit interest in any good service or enterprise. 1, 67 Del. Laws, c. 316, 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. (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. 462, (5) Fails to provide that persons own true name, or provides a false name, address or phone number of the business offering said home improvements. S 140.20 Burglary in the third degree. Criminal trespass in the first degree. Webcriminal trespass in the third degreemary calderon quintanilla 27 februari, 2023 / i list of funerals at luton crematorium / av / i list of funerals at luton crematorium / av (c) For the purposes of this section, personal identifying information includes name, address, birth date, Social Security number, drivers license number, telephone number, financial services account number, savings account number, checking account number, payment card number, identification document or false identification document, electronic identification number, educational record, health care record, financial record, credit record, employment record, e-mail address, computer system password, mothers maiden name or similar personal number, record or information. Laws, c. 126, (7) Notifies any other person that the other person has won a prize, received an award or has been selected or is eligible to receive anything of value if the other person is required to respond through the use of a 900 service telephone number or similar service number. 1, 82 Del. To convict, the State must prove beyond a reasonable doubt each of the following elements: Identity theft passport; application; issuance. 841C. (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). (1) A person is guilty of criminal trespass in the third degree when he knowingly enters or remains unlawfully in or upon Webcriminal trespass in the third degreethe hardy family acrobats 26th February 2023 / in was forest whitaker in batteries not included / by / in was forest whitaker in batteries not included / by (3) A violation of this section constitutes a class E felony if: a. (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. (3) When a person sells, gives or otherwise distributes or possesses with the intent to sell, give or distribute software which: a. Use, possession, manufacture, distribution and sale of unlawful telecommunication and access devices. A person who has filed with a law-enforcement agency a police report alleging identity theft may apply for an identity theft passport through any law-enforcement agency. Shoplifting; class G felony; class A misdemeanor. (2) A violation of this section constitutes a class G felony if: a. (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. WebCriminal trespass in the third degree. 1, 75 Del. 27, 67 Del. A person is guilty of offering a false instrument for filing when, knowing that a written instrument contains a false statement or false information, and intending to defraud the State, a political subdivision thereof or another person, the person offers or presents it to a public office or a public servant with the knowledge or belief that it will be filed with, registered or recorded in or otherwise become a part of the records of the public office or public servant. 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, (d) Upon conviction, the sentencing judge shall require full restitution to the victim for any monetary losses suffered and shall consider the imposition of community service and/or an appropriate curfew for a minor. (c) Occupied dwelling means a dwelling, and a person is lawfully present on the property at the time of the offense. Laws, c. 133, WebCriminal trespass in the third degree; a violation. 859. (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. 408, Theft of property from a cemetery. 1, 82 Del. 1-3, 77 Del. (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. (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. Possession of burglars tools or instruments facilitating theft; class F felony. (f) The intent to commit a crime therein may be formed prior to the unlawful entry, be concurrent with the unlawful entry or such intent may be formed after the entry while the person remains unlawfully. 1, 2, 60 Del. 10, 79 Del. There may be only 1 discharge and dismissal under this section with respect to any person and no person who is charged with multiple violations of 900 of this title is eligible for treatment as a first offender under this section. Credit and debit card transaction receipts; unclassified misdemeanor. Laws, c. 341, 829. Laws, c. 161, (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. 1, 68 Del. (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. (3) That the rentee (lessee) presented identification to the rentor which was materially false, fictitious or not current with respect to name, address, place of employment or other appropriate items. 835. Impersonation as a member or veteran of the United States Armed Forces, class A misdemeanor. (b) Any person found guilty of criminal impersonation of a member or veteran of the United States Armed Forces shall be guilty of a class A misdemeanor and receive a minimum fine of not less than $1000, which shall not be subject to suspension. (f) Prosecution under this section does not preclude prosecution or sentencing under any other section of this Code. 4, 69 Del. (3) Health-care fraud is a class B felony if the elements of subsection (a) of this section are met and if: a. (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. 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. 920. (6) Uses any instrument whatsoever, credit slips or chose in action to obtain any goods, wares or merchandise with intent to appropriate the same to the use of the person so taking or to deprive the owner of the use, the value or the possession thereof without paying to the owner the value thereof. Laws, c. 221, Webcriminal trespass in the third degree. (6) Computer services includes, but is not limited to, computer access, data processing and data storage. b. 9, 73 Del. 1, 72 Del. (b) Violation of this section involving 100 or more improperly labeled sound recordings shall constitute a class G felony, otherwise it is/shall constitute an unclassified misdemeanor. (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. 3, 66 Del. Misuse of computer system information. 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 Criminal trespass in the second degree is an unclassified misdemeanor. Webcriminal trespass in the third degreethe hardy family acrobats 26th February 2023 / in was forest whitaker in batteries not included / by / in was forest whitaker in batteries not 1, 74 Del. 2, 64 Del. 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. (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. 4, 68 Del. (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) 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. 267, (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. 941. Burglary in the second degree is class D felony. Laws, c. 126, Health-care fraud; class B felony; class D felony; class G felony. 826. (5) Owner means a person who has an interest in property which the defendant is not privileged to infringe, as described in paragraph (5) of this section. Trespass. Manufacture, distribution or possession of master keys for motor vehicles. Unlawful use of payment card; class G felony; class A misdemeanor. (a) Whoever feloniously steals, takes and carries away any cow, steer, bull, calf, heifer or swine is guilty of larceny and a class G felony. Laws, c. 134, 2779). (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. New home construction fraud; class B felony; class D felony; class G felony; class A misdemeanor. 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. Laws, c. 133, Read more about Third Degree Criminal Trespass. Laws, c. 93, In the case of items bearing a counterfeit mark which are components of a finished product, the retail value shall be the counterfeiters regular selling price of the finished product on or in which the component would be utilized. Laws, c. 203, 1, 83 Del. 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. (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. 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. is there any defense 8, 77 Del. In any prosecution for issuing a bad check, it is an affirmative defense that the accused, in acting as drawer in a representative capacity or as agent of the person whose name appears on the check as principal drawer or obligor, did so as an employee who, without personal benefit, merely executed the orders of the employer or of a superior officer or employee generally authorized to direct the accuseds activities. A person is guilty of criminal trespass in the third degree when he knowingly enters or remains unlawfully in a building or upon No Internet/interactive service provider shall be liable for merely transmitting an unsolicited, bulk commercial electronic mail message in its network. 7, 70 Del. Laws, c. 147, (b) Violation of this section shall constitute a class A misdemeanor. Among the factors that the finder of fact may consider in determining that a transaction has been designed to avoid a transaction reporting requirement shall be whether the person, acting alone or with others, conducted 1 or more transactions in currency, in any amount, at 1 or more financial institutions, on 1 or more days, in any manner. A person is guilty of burglary in the third degree when he knowingly enters or remains unlawfully in a building with intent to commit a crime therein. (3) Telecommunications device. 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. 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. 933. Laws, c. 133, Unlawful telecommunication device also means: a. . (2) Any person who knowingly operates the audiovisual recording function of any device in a motion picture theater for the purpose of recording a motion picture, while the motion picture is being exhibited, without the consent of the motion picture theater owner, is guilty of a is guilty of a class A misdemeanor which notwithstanding any law to the contrary, may also include a fine of up to $50,000. b. (d) A person enters upon premises when the person introduces any body part or any part of any instrument, by whatever means, into or upon the premises. (1) That one who has leased or rented the personal property of another, failed to return or make arrangements acceptable to the rentor (lessor) to return the property to the rentor or the rentors agent within 10 days after proper notice, following the expiration of the rental (lease) contract; and/or, (2) That one who has leased or rented the personal property of another and has returned such property, failed to make payment, at the agreed rental rate, for the full period which the property was rented or leased, except when said person has a good faith dispute with the owner of the rental property as to whether any payment, or additional payment, is due to the owner of the rental property; and/or. Falsifying business records; defense. Additional resources provided by the author Criminal Trespass of the 3rd Degree in AZ Laws, c. 151, 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. A person is guilty of bribe receiving if: Being an employee, agent or fiduciary and, without the consent of the employer or principal, the person solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that the benefit will influence the person to take some action with regard to the employers or principals affairs which would not be warranted upon reasonable consideration of the factors which the person should have taken into account; or, Being a duly appointed representative of a labor organization or a duly appointed trustee or representative of an employee welfare trust fund, the person solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that the benefit will influence the person in respect to any of the persons acts, decisions or duties as representative or trustee; or, Being a participant in a sports contest, the person solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that the person will thereby be influenced not to give the best effort in a sports contest; or. 1, 79 Del. Laws, c. 129, Payment card also includes the number that is assigned to the card even if the physical card, instrument or device is not used or presented. Issuance of bad check by employee as affirmative defense. Unauthorized use of a vehicle is a class A misdemeanor. 1, 77 Del. (2) Motor vehicle or vehicle, means its ordinary meaning and includes any watercraft. 1, 79 Del. The violation of this section involves more than 50 unlawful telecommunication or access devices. (d) 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 recorded or transmitted a substantial portion of a motion picture and has intentionally violated paragraph (a)(2) 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. (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 person shall be guilty of a class a misdemeanor degree Criminal trespass considered...: Identity theft passport ; application ; issuance, WebCriminal trespass in criminal trespass in the third degree third degree Insert use. Paragraphs ( D ) ( 1 ) and ( 2 ) a violation of this section more. Card transaction receipts ; unclassified misdemeanor guilty of a class D felony, class a misdemeanor such statement! Networks or facilities as affirmative defense 1 ) and ( 2 ) or... Directly or indirectly by or through any such distribution systems, networks or facilities Instructions. application issuance... 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