Grounds for termination of parental rights; factors considered; presumption arising from abandonment, Chapter 25. 914. Computer crime in the second degree is a class E felony. Criminal trespass in the third degree is a violation. Unrequested or unauthorized electronic mail or use of network or software to cause same. (2) A person shall be guilty of a class F felony if: a. Civil jurisdiction; amount in controversy, Chapter 2. A person is guilty of defrauding secured creditors if the person destroys, removes, conceals, encumbers, transfers or otherwise deals with property subject to a security interest, intending to defeat enforcement of that interest. (1) A person commits the crime of third degree criminal trespass if such person unlawfully enters or remains in or upon premises of another. (last accessed Dec. 13, 2016). 812. As used in this section, the following words and phrases shall have the meanings given to them in this subsection: a. (3) Structures or assists in structuring, or attempts to structure or assist in structuring, any transaction with one or more financial institutions, including a video lottery facility, foreign or domestic money transmitters or an authorized delegate thereof, check cashers, persons engaged in a trade or business or any other individuals or entities required by state or federal law to file a report regarding currency transactions or suspicious transactions. (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. Grounds for guardianship of the child, Subchapter V. Permanent Guardianships for Children, 2353. Laws, c. 260, 852A. 2, 64 Del. Definition of payment card. (g) Seizure, forfeiture and disposition. Nonjudicial enforcement of order. Aggravated criminal surveillance, Section 13A-11-33. Definitions relating to criminal trespass, burglary and home invasion. Criminal trespass in the third degree. (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. 1, 2, 60 Del. 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. Fraudulent conveyance of public lands is a class G felony. An ex-boyfriend of mine is facing two domestic violence charges in the third degree, a violation of order of protection, and a criminal trespassing charge. Laws, c. 133, Theft of property from a cemetery. Laws, c. 126, 1, 71 Del. (a) A person is guilty of shoplifting if, while in a mercantile establishment in which goods, wares or merchandise are displayed for sale, the person: (1) Removes any such goods, wares or merchandise from the immediate use of display or from any other place within the establishment, 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 possession thereof without paying to the owner the value thereof; or, (2) Obtains possession of any goods, wares or merchandise by charging the same to any person without the authority of such person or to a fictitious person with a like intent; or, (3) Conceals any such goods, wares or merchandise with like intent; or, (4) Alters, removes or otherwise disfigures any label, price tag or marking upon any such goods, wares or merchandise with a like intent; or, (5) Transfers any goods, wares or merchandise from a container in which same shall be displayed or packaged to any other container with like intent; or. Laws, c. 233, 9, 74 Del. Accidents Involving Death or Personal Injuries, Department of Motor Vehicle (DMV) Hearings in Colorado, Habitual Traffic Offender & Aggravated Driving, Hit and Run Leaving the Scene of an Accident, Rape, Sexual Assault, Date Rape And Statutory Rape, Frequently Asked Questions About Sex Offenses. BURGLARY. 6, 70 Del. Chapter to be construed in pari materia with certain laws. 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. 908. C. Criminal trespass in the third degree is a class 3 misdemeanor. 4, 68 Del. Laws, c. 110, Where the value of the property received, retained or disposed of is more than $50,000 but less than $100,000, theft is a class D felony; b. Laws, c. 497, Trespassing . Kidnapping in the second degree; class C felony, 783A. Burglary in the third degree is a class D felony. Reckless endangering in the first degree; class E felony, 605. 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. Upon the complaining partys election of such damages at any time before final judgment is entered, the complaining party may recover the actual damages suffered by the complaining party as a result of the violation of this section and any profits of the violator that are attributable to the violation and are not taken into account in computing the actual damages. Laws, c. 611, Laws, c. 260, Arson in the second degree is a class D felony. The use of this website to ask questions or receive answers does not create an attorneyclient relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Laws, c. 501, 1, 64 Del. (a) In any prosecution for theft or extortion it is an affirmative defense that the property was appropriated by the actor under a claim of right, made in good faith, to do substantially what the actor did in the manner in which it was done. (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. (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. a. The defendant has been convicted previously on 2 or more occasions for offenses under this section or for any similar crime in this or any federal or other state jurisdiction; or. One who draws a check with intent that it be so delivered is deemed to have issued it if the delivery occurs. (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. 856. Stalking and Aggravated Stalking. Marital and Domestic Relations. Possession or theft of a prescription form or a pad. 4, 69 Del. 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. try clicking the minimize button instead. Offenses Involving Danger to the Person, Section 13A-6-20. The lack of such a statement shall not constitute a defense against prosecution under this section. Forgery and related offenses; definition. for non-profit, educational, and government users. (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. 2023 Sawyer Legal Group, LLC All Rights Reserved Original Source: Laws, c. 162, Adding your team is easy in the "Manage Company Users" tab. 1, 80 Del. 907C. Computer crime in the first degree is a class D felony. Criminal impersonation, accident related, is a class G felony. The intended loss to the health-care benefit program is more than $50,000 but less than $100,000; b. Offenses Involving Damage to & Intrusion Upon Prop. (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. FORT DODGE. Possession of forgery devices is a class G felony. Like many other cases I researched, I was detained by their officer and I returned a box of nail decoration kit (worth $7.49). Laws, c. 443, Laws, c. 260, (2) The person knows of circumstances which render the presence of another person not an accomplice therein a reasonable possibility. (8) Computer system means a computer, its software, related equipment and communications facilities, if any, and includes computer networks. It shall be no defense to a violation of this section that some of the acts constituting the offense occurred outside of this State. Commencement of proceedings; venue; notice; pleadings; attorney for child; removal from jurisdiction; considerations, 733. Chapter 3B. Criminal contempt of a domestic violence protective order; class A misdemeanor; class F felony, Subchapter VII. Short title; construction; purposes. Cooperation between courts; preservation of records. (d) An application made with the Office of the Attorney General pursuant to subsection (a) of this section, including any supporting documentation, is confidential criminal justice information, is not a public record, and is specifically exempted from public disclosure under the Freedom of Information Act, Chapter 100 of Title 29. (f) Prosecution under this section does not preclude prosecution or sentencing under any other section of this Code. Laws, c. 133, 1, 79 Del. (9) Forfeiture of unlawful telecommunication or access devices. While the court would always have a record on file which could theoretically be accessed by a very limited number of parties, generally, the record is sealed and the incident would not show up on most background checks. However, it is unlikely that you will receive the maximum sentence. 1, 79 Del. 1, 83 Del. Factors court must consider. A person is guilty of a crime if, with the purpose to evade a transaction reporting requirement of this State or of 31 U.S.C. To follow . (b) A person committing any of the crimes described in 932-938 of this title is guilty in the second degree when the damage to or the value of the property or computer services affected exceeds $5,000. Laws, c. 497, Laws, c. 498, Laws, c. 216, 1, effective Sept. 16, 2019. (3) A home improvement contract is any agreement, whether written or oral, whereby a person offers or agrees to provide home improvements in exchange for payment in any form, regardless of whether any such payments have been made, and includes all agreements for labor, services, and materials to be furnished and performed under the contract. (3) Deprive means to withhold property of another person permanently or for so extended a period or under such circumstances as to withhold a major portion of its economic value or benefit, or with intent to restore it only upon payment of a reward or other compensation, or to dispose of property of another person so as to make it unlikely that the owner will recover it. Offense occurred outside of this section does not preclude prosecution or sentencing under any other section of this.. 126, 1, 71 Del possession of forgery devices is a class D.. Burglary in the third degree is a class F felony, 783A crime in the third degree a... With certain laws you will receive the maximum sentence property from a cemetery Involving Danger to the benefit! Class G felony jurisdiction ; amount in controversy, Chapter 2 ) Forfeiture of unlawful telecommunication or devices. Criminal contempt of a domestic violence protective order ; class F felony, Subchapter V. Permanent Guardianships Children. 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