(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. Web(a) A person in lawful possession of land or tangible, movable property is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to prevent or terminate the other's trespass on the land or unlawful interference with the property. (2) If the property or computer services are unrecoverable, damaged or destroyed as a result of a violation of this subpart, the cost of reproducing or replacing the property or computer services at the time of the violation. 831. 5, 59 Del. (3) All other forgery is forgery in the third degree, a class A misdemeanor. , Manufacture or assembly of any unlawful access device. Use of payment card information. (f) Prosecution under this section does not preclude prosecution or sentencing under any other section of this Code. 2, 64 Del. Arson in the second degree is a class D felony. 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). Knowingly entering or Shoplifting; class G felony; class A misdemeanor. i was walking near railroad tracks with friends and then a cop saw us and stopped us. 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. (1) Any items bearing a counterfeit mark, and all personal property, including, but not limited to, any items, objects, tools, machines, equipment, instrumentalities or vehicles of any kind, knowingly employed or used in connection with a violation of this section may be seized by any law enforcement officer. Laws, c. 130, Issuing a bad check is a class A misdemeanor unless the amount of the check is $1,500 or more, in which case it is a class G felony. (3) Receives payment or payments and fails to provide that persons own true name or provides a false name, address or phone number of the business offering said new home construction services. 803. If a person is convicted of a violation of 922 of this title, the court in its sentencing order shall order the forfeiture and destruction or other disposition of: (1) All articles on which the conviction is based; and. (4) Engages in conduct which causes or creates a substantial risk of physical injury to another person. Laws, c. 344, 901. 7, 72 Del. 805. Use Notes Upon a claim of common-law marriage, it may be necessary to provide further instruction. (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. Laws, c. 310, (d) A conviction is not required for an act of presenting or causing presentation of a fraudulent health-care claim to be used in prosecution of a matter under this section, including an act used as proof of a pattern as defined in paragraph (b)(3) of this section. 1681a(f)), which must accept the passport as an official notice of a dispute and must include notice of the dispute in all future reports that contain disputed information caused by the identity theft. The lack of such a statement shall not constitute a defense against prosecution under this section. 1, 70 Del. Selling stolen property; class A misdemeanor; class G felony. (2) Manufacture or assembly of unlawful telecommunications device. Defrauding secured creditors is a class A misdemeanor. A person commits criminal trespass in the third degree by: 1, 70 Del. This section shall not apply to the transmission of electronic mail from an organization to its members or where there is a preexisting business relationship. 878. (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 first offense by an individual involving a single written instrument under this paragraph (b)(4) is forgery in the third degree, a class A misdemeanor. 18-4-504. Trademark counterfeiting. (1) Manufacture or assembly of any unlawful access device. (3) Possesses a written instrument, knowing that it was made, completed or altered under circumstances constituting forgery. Criminal Trespass Trespassing can have both civil and criminal consequences. WebInference of intent. 6, 74 Del. When the goods, wares or merchandise shoplifted are of the value of less than $1,500, it is a class A misdemeanor. The offender is a health-care provider at the time of the offense or offenses; or. Manufacture, distribution or possession of master keys for motor vehicles. A. (9) Data means information of any kind in any form, including computer software. Find the best ones near you. [If lesser-included offenses are included, the Court should instruct on those offenses at this point.] 4, 77 Del. Fraud in insolvency; class A misdemeanor. This subpart shall neither enlarge nor diminish the rights of parties in civil litigation. Webcriminal trespass in the third degree keyword }} 25 de janeiro de 2023 how to add emoji to peloton profile. (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. c. Is marketed by that person or another acting in concert with that persons knowledge for use in facilitating or enabling the falsification of electronic mail transmission information or other routing information. Refreshed: 2018-06-06 NewYork.Public.Law Laws of Any telecommunication device which is capable of, or has been altered, designed, modified, programmed or reprogrammed, alone or in conjunction with another telecommunication device, so as to be capable of facilitating the disruption, acquisition, receipt, transmission or decryption of a telecommunication service without the express consent or express authorization of the telecommunication service provider, including, but not limited to, any device, technology, product, service, equipment, computer software, or component or part thereof, primarily distributed, sold, designed, assembled, manufactured, modified, programmed, reprogrammed or used for the purpose of providing the unauthorized receipt of, transmission of, disruption of, decryption of, access to, or acquisition of any telecommunication service provided by any telecommunication service provider. 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. (4) Obtain means to bring about or receive a transfer or purported transfer of any interest in property, whether to the defendant or to another person. 1, 71 Del. It shall be no defense to a violation of this section that some of the acts constituting the offense occurred outside of this State. Any unauthorized reproduction or copy of intellectual property. (c) The sentencing provisions of this section apply to attempted robbery in the first degree as well as robbery in the first degree. 1, 61 Del. Misapplication of property is a class A misdemeanor, unless the value of the property received, retained or disposed of is $1,500 or more, in which case it is a class G felony. 909. The violation involved more than 100 but less than 1,000 items bearing a counterfeit mark or the total retail value of all items or services bearing or identified by a counterfeit mark is more than $2,000, but less than $10,000. is there any defense Is primarily designed or produced for the purpose of facilitating or enabling the falsification of electronic mail transmission information or other routing information; b. (a) A person is guilty of reckless burning or exploding when the person intentionally starts a fire or causes an explosion, whether on the persons own property or on anothers, and thereby recklessly places a building or other real or personal property of another in danger of destruction or damage or places another person in danger of physical injury. 27, 67 Del. A person may be convicted of both receiving stolen property and selling stolen property. 1, 72 Del. (c) A person possesses shoplifting tools or instruments facilitating theft under circumstances evincing an attempt 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 shoplifting offense or otherwise under circumstances not manifestly appropriate for what lawful uses the tools or instruments may have. Laws, c. 248, 1, 59 Del. The intended loss to the health-care benefit program is $100,000 or more; or. 1, 73 Del. Criminal trespass 3rd degree, how can i get it reduced? 877. (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. 1, 70 Del. Laws, c. 98, 907. b. (b) In any prosecution for receiving stolen property or receiving a stolen firearm, it is no defense that the accused is in fact guilty of theft or theft of a firearm. (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. 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. [and the premises have been classified by the 1, 79 Del. 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 housing project, or even a rail yard. Laws, c. 497, 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. (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. 1, 82 Del. (c) For the purposes of this section, statement includes, but is not limited to, a police report, any notice, statement, proof of loss, bill of lading, receipt for payment, invoice, account, estimate of property damages, bill for services, diagnosis, prescription, hospital or doctor records, X rays, test result or other evidence of loss, injury or expense; insurer shall include, but is not limited to, a health service corporation or health maintenance organization; and insurance policy shall include, but is not limited to, the subscriber and members contracts of health service corporations and health maintenance organizations. Additional resources provided by the author Criminal Trespass of the 3rd Degree in AZ 847. (e) A violation of subsection (a) of this section is a class D felony. (a) No person shall advertise or offer for sale or resale, or sell or resell, or possess for such purposes, any phonograph record, disc, wire, tape, film or other article on which sounds are recorded, unless the cover, box, jacket, or label clearly and conspicuously discloses the actual name and address of the manufacturer thereof, and the name of the actual performer or group. (2) Health-care fraud is a class D felony if the elements of subsection (a) of this section are met and if: a. (c) For purposes of this section the word ticket shall mean any admittance, receipt, entrance ticket or other evidence of a right to be admitted to an event or exhibit. (2) Theft of a blank prescription form or pad is a class F felony. (c) Theft of a motor vehicle is a class G felony. That the defendant, 2. in the State of Colorado, at or about the date and place charged, 3. unlawfully entered or remained in or upon any premises. 914. 903. Definition of payment card. (8) Computer system means a computer, its software, related equipment and communications facilities, if any, and includes computer networks. 1, 73 Del. 822. 857. (b) Except as provided in paragraph (d) of this section, robbery second degree is a class E felony. (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. A person is guilty of criminal trespass in the third degree when the person knowingly enters or remains unlawfully upon real property. 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. 1, 72 Del. (a) Issues. A person issues a check when, as drawer thereof or as a person who signs a check as drawer in a representative capacity or as agent of the person whose name appears thereon as the principal drawer or obligor, the person delivers it or causes it to be delivered to a person who thereby acquires a right against the drawer with respect to the check. (2) That person engages in conduct which creates a risk of serious physical injury to another person. 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. (c) It is a defense that the defendant has a reasonable ground to believe that the defendant has a right to engage in the conduct set forth in subsection (a) of this section. Laws, c. 590, 3, 79 Del. (2) Possession of graffiti implements is a class B misdemeanor. (3) Health-care professional, health-care practice, health-care facility or health-care services includes but is not limited to any person who or entity which, for payment, practices in or employs the procedures of medicine, surgery, chiropractic, podiatry, dentistry, optometry, psychology, social work, pharmacy, nursing, physical therapy or any other field concerned with the maintenance or restoration of the health of the body or mind.
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