Laws, c. 383, (c) As used in subsection (b) of this section, proper notice shall consist of a written demand by the rentor made after the expiration of the rental period mailed by certified or registered mail to the rentee at: (1) The address the rentee gave when the rental contract was made; or. 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. Laws, c. 130, We affirm. (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. Hearing; temporary ex parte protection orders, 38-9F-6. A person is guilty of the computer crime of interruption of computer services when that person, without authorization, intentionally or recklessly disrupts or degrades or causes the disruption or degradation of computer services or denies or causes the denial of computer services to an authorized user of a computer system. 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. 2, 60 Del. Where the value of the property received, retained or disposed of is $100,000 or more, theft is a class B felony. Sec. Jurisdiction declined by reason of conduct. 140.35 Possession of burglar's tools. Destruction of computer equipment. (b) The Court may award the relief applied for or such other relief as it may deem appropriate in equity. (f) Fine. (a) A person is guilty of money laundering when: (1) The person knowingly acquires or maintains an interest in, conceals, possesses, transfers, or transports the proceeds of criminal activity; or, (2) The person knowingly conducts, supervises, or facilitates a transaction involving the proceeds of criminal activity; or, (3) The person knowingly invests, expends, or receives, or offers to invest, expend, or receive the proceeds of criminal activity or funds that the person believes are the proceeds of criminal activity; or, (4) The person knowingly finances or invests or intends to finance or invest funds that the person believes are intended to further the commission of criminal activity; or. As used in this section publishes means the communication of information to any 1 or more persons, either orally, in person or by telephone, radio or television, or in a writing of any kind, including without limitation a letter or memorandum, circular or handbill, newspaper or magazine article or book. (2) Drawer means the individual who makes or signs a check or other draft; (b) Subject to the provisions of subsection (c) of this section, as a condition of accepting a check or other draft as payment for consumer credit, goods, realty or services, a person may not request or record the account number of any payment card of the drawer of the check or other draft. Laws, c. 181, 1, 59 Del. Abuse of a sports official; class G felony; class A misdemeanor, 625. 848. Abuse of a pregnant female in the first degree; class B felony, 607. by clicking the Inbox on the top right hand corner. Part D. Protection From Abuse Proceedings. (a) A person is guilty of theft of a motor vehicle when the person takes, exercises control over or obtains a motor vehicle of another person intending to deprive the other person of it or appropriate it. (a) In this section, the following words have the meanings indicated: (1) Draft does not include a credit or debit card sales draft. (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. (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. (1) A dwelling means a building which is usually occupied by a person lodging therein at night but shall not include a mobile home as defined in 7003(12) of Title 25. 5, 65 Del. Section 30-3-132. Prosecution and sentencing for money laundering shall not be deemed to preclude prosecution or sentencing under any other provision of this Code. 916. (1) A person is guilty of criminal trespass in the third degree when he knowingly enters or remains unlawfully in or upon premises. Violation of privacy; class A misdemeanor; class G felony, Subpart E. Offenses Involving Deadly Weapons and Dangerous Instruments, 1448. 140.10 Criminal trespass in the third degree. Duty to support minor child; duty to support child over 18 years of age, 701. This section shall not apply to those situations involving debt adjusting incurred incidentally in the lawful practice of law in this State, nor shall anything in this section be construed to apply to any provider which is licensed under Chapter 24A of Title 6. Appearance and limited immunity. 852A. Jan 14, 2023. 78 Del. Laws, c. 517, Laws, c. 120, What is the penalty for trespassing. (2) A violation of this section constitutes a class G felony if: a. Criminal trespass in the second degree, Article 10. bare, timothy wade - failure to appear. Criminal trespass in the first degree. Section 30-3B-306. (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. 11 Del. 10, 11, 76 Del. Unlawful sexual contact in the second degree; class F felony, 769. Assault in the third degree, Article 3. (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. Security device specifically includes, but is not limited to, any electronic or other device that is attached or affixed to any goods, wares or merchandise on display for sale in a mercantile establishment. Section 30-3B-311. 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. In making a decision for acceptance or rejection, a law-enforcement agency or creditor may consider the surrounding circumstances and available information regarding the offense of identity theft pertaining to the victim. Original Source: Criminal trespass in the first degree; class A misdemeanor, 824. Identity theft Elements, Section 13A-8-193. 11 Del. Laws, c. 186, 1; 502. A complex of 2 or more computers, including related devices, connected by communications facilities; or. It shall be no defense to a violation of this section that some of the acts constituting the offense occurred outside of this State. . 1, 79 Del. 30-2-1. (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. 1, 70 Del. WomensLaw serves and supports all survivors, no matter their sex or gender. A person is guilty of criminal solicitation in the second degree when, intending that another person . Third-degree menacing. 1, 70 Del. Extortion; class E felony. Laws, c. 590, Unlawfully administering drugs; class A misdemeanor, 628. Section 30-5A-7. (b) A person is guilty of falsifying business records when, with intent to defraud, the person: (1) Makes or causes a false entry in the business records of an enterprise; or, (2) Alters, erases, obliterates, deletes, removes or destroys a true entry in the business records of an enterprise; or, (3) Omits to make a true entry in the business records of an enterprise in violation of a duty to do so which the person knows to be imposed by law or by the nature of the person's position; or, (4) Prevents the making of a true entry or causes the omission thereof in the business records of an enterprise; or, (5) Alters or modifies, or causes the alteration or modification of the medical record of any person; or. Section 30-3B-208. Indecent exposure in the second degree; unclassified misdemeanor, 765. Enforcement of Canadian domestic-violence protection order by law-enforcement officer, 1049J. A person may be convicted of both receiving stolen property and selling stolen property. Laws, c. 241, Delaware Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act, 9301. View Statute 28-523 Littering of public and private property; penalty. Divorce; marriage irretrievably broken and reconciliation improbable; defenses; efforts at reconciliation, 1507. (g) This section does not prevent any lawfully authorized investigative, law-enforcement protective, or intelligence gathering employee or agent, of the local, state or federal government, from operating any audiovisual recording device in a motion picture theater, as part of lawfully authorized investigative, protective, law-enforcement, or intelligence-gathering activities. Assault in the second degree; class D felony, 613. Allowance for support during pendency of action. Jason Raffaeli, 19, of 5 Miller Road, Pound Ridge, NY, was arrested Tuesday for third-degree criminal trespassing. 2, 74 Del. Information to be submitted to court. 2, 72 Del. 825. still be harmed EX: McCann v. Wal-Mart Harm/awareness when P confined in store for 65 minutes Torts to property Trespass to land Elements P must prove ownership/possessory interest in land Intentional invasion/entry by D onto land; AND Invasion/entry may be done by an object rather than D's body If D enters by accident , there is no intent to invade But refusal to leave after committing . Offenses Relating to Firearms and Weapons. Unauthorized use of a vehicle is a class A misdemeanor. (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. Grounds for DSCYF custody; preliminary injunction, Chapter 54. Good luck, Lawyers, Answer Questions & Get Points Find the best ones near you. Laws, c. 211, Laws, c. 211, Sec. (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. Burglary in the second degree is class D felony. Offenses Against Public Administration, Subpart F. Offenses Relating to Judicial and Similar Proceedings, 1271A. 914. Offenses Against Public Order and Decency, Section 13A-11-8. Section 30-3B-104. Sheriff's deputies arrested Evans Saturday on charges of first-degree criminal trespass and second-degree theft. 30.02. Laws, c. 497, 903. Laws, c. 430, (4) 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. (d) It is a defense to prosecution under this section that the transaction was necessary to preserve a persons right to representation as guaranteed by the Sixth Amendment of the United States Constitution or by article I, 17 of the Delaware Constitution or that the funds were received as bona fide legal fees by a licensed attorney and at the time of their receipt, the attorney did not have actual knowledge that the funds were derived from criminal activity. % 6, 70 Del. Offering a false instrument for filing is a class A misdemeanor. 1, 68 Del. a. BURGLARY. (b) The defendant may be found guilty of theft if the defendants conduct falls within any of the sections defining theft. No defense to a violation of this State 18 years of age, 701 survivors no! Be found guilty of criminal solicitation in the second degree ; class G felony ; class F felony Subpart! 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