Any disclosure made incident to the normal course of the business of renting or selling videotapes to a person whom the protected individual authorizes, prior to distribution, to receive the information; 2. If you're charged with a crime, it can be difficult to understand the charges and their potential consequences. 8, 77 Del. Fines, Costs, Penalties and Forfeitures, 4121. Service of petition and order. 14, 15, 77 Del. If you wish to keep the information in your envelope between pages, (a) A person is guilty of health-care fraud when the person knowingly: (1) Presents or causes to be presented any fraudulent health-care claim to any health-care benefit program; or. Stalking in the second degree. 1, 77 Del. .070 Criminal trespass in the second degree. Original Source: (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. Laws, c. 34, 933. 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. 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. Laws, c. 133, Possession and purchase of deadly weapons by persons prohibited; penalties, 1448C. (f) The filing of a criminal action against a person is not a prerequisite to the bringing of a civil action under this section against such person. Kidnapping in the second degree; class C felony, 783A. (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. Failure to promptly cease electronic communication upon request. 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. company@sender.com); (17) Receiving address or receiving account means the string used to specify the destination of any electronic mail message (e.g. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site. Although it's impossible to know for sure without additional facts, an Adjournment in Contemplation of Dismissal (ACD) seems like a good possibility. Second-degree menacing. (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. 1, 73 Del. A person is guilty of fraudulent receipt of public lands when the person records any deed or other written instrument purporting to transfer to the person an interest in land any part of which is public lands of this State, when such person at the time of recording knows that the transferor had no legal or equitable interest in the land described in said instrument. Trespassing with intent to peer or peep into a window or door of another; class B misdemeanor, 822. (a) A person is guilty of the computer crime of failure to promptly cease electronic communication upon request when that person intentionally, recklessly or negligently, fails to stop sending commercial electronic mail to any receiving address or account under the control of any authorized user of a computer system after being requested to do so. 1, 76 Del. 1042. (7) Computer software means 1 or more computer programs, existing in any form, or any associated operational procedures, manuals or other documentation. Charged With A Crime? To make, produce or assemble an unlawful access device or modify, alter, program or reprogram any instrument, device, machine, equipment, technology or software so that it is capable of defeating or circumventing any technology, device or software used by the provider, owner or licensee of a telecommunication service, or of any data, audio or video programs or transmissions, to protect any such telecommunication, data, audio or video services, programs or transmissions from unauthorized receipt, acquisition, access, decryption, disclosure, communication, transmission or retransmission, or to knowingly assist others in those activities. Simultaneous proceedings. Forgery and Fraudulent Practices, Chapter 11. Deceptive business practices; class A misdemeanor. Theft of property from a cemetery. (a) A person is guilty of unlawful use of a payment card when the person uses or knowingly permits or encourages another to use a payment card for the purpose of obtaining money, goods, services, or anything of value knowing that: (1) The card is stolen, forged or fictitious; or, (2) The card belongs to another person who has not authorized its use; or, (3) The card has been revoked or canceled; or. Laws, c. 130, (b) 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, thereby knowingly or recklessly facilitating the use of the information by a third person to commit or facilitate any crime set forth in this title. An offense under paragraph (1)(i) is a felony of the third degree, and an offense under paragraph (1)(ii) is a felony of the second degree. Section 30-3B-306. The minimum fine and community service hours shall be doubled for a second or subsequent conviction of possession of graffiti implements. .080 Criminal trespass in the third degree. 862. Section 30-3B-204. 1, 70 Del. Child abuse in the first degree; class B felony, Subchapter VI. 5, 73 Del. (1) Access means to instruct, communicate with, store data in or retrieve data from a computer, computer system or computer network. 29/32. Grounds for termination of parental rights; factors considered; presumption arising from abandonment, Chapter 25. Subject to making due provisions for the rights of innocent persons, a receiver shall have the power to sue for, collect, receive and take into possession any property which belongs to the person who is alleged to have violated any provision of this subpart and which may have been derived by, been used in or aided in any manner such alleged violation. 1, 77 Del. Laws, c. 517, 6, 70 Del. 1, 70 Del. , Telecommunication service provider. Bachelor's Degree. (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. For an offense that was committed pursuant to paragraph (a)(3) of this section and the deadly weapon was a firearm, and within 7 years of the date of a previous conviction for robbery in the first degree or if the conviction is for an offense that was committed within 7 years of the date of termination of all periods of incarceration or confinement imposed pursuant to a previous conviction for robbery in the first degree, whichever is the later date. (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, 74 Del. (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, 82 Del. Laws, c. 590, Section 30-3B-313. Remedies of aggrieved persons. Unrequested or unauthorized electronic mail or use of network or software to cause same. 5, 59 Del. A trespass gives the aggrieved party the right to bring a civil lawsuit and . Criminal contempt of a domestic violence protective order; class A misdemeanor; class F felony, Subchapter VII. Melvin Juarez, 24, of 11 Corbo Terrace, Stamford, was arrested Monday for improper use of marker, failure to insure a private motor vehicle, operating a motor vehicle without a license and failure to keep plates readable. 907. 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(6) Unlawful access device. (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. Sexual abuse in the second degree, Section 13A-6-69.1. Reckless burning or exploding; class A misdemeanor, Subpart B. Laws, c. 221, 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. 133, 30-2-52. For purposes of 841-856, 1450 and 1451 of this title: (1) Appropriate means to exercise control, or to aid a third person to exercise control, over property of another person permanently or for so extended a period or under such circumstances as to acquire a major portion of its economic value or benefit, or to dispose of property for the benefit of the actor or a third person. (1) A person commits the crime of third degree criminal trespass if such person unlawfully enters or remains in or upon premises of another. (e) Notwithstanding any provision of this section or Code to the contrary, any person convicted of home invasion burglary first degree as defined in subsection (b) of this section, shall receive a minimum sentence of 6 years at Level V. (f) The sentencing provisions applicable to this section apply to the attempted burglary in the first degree as well as attempted home invasion burglary in the first degree. Simple trespass of railroad property: Infraction. (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. 1, 77 Del. Allowance upon grant of divorce; certain property not considered; retirement benefits. 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 . Identity theft passport; application; issuance. 1, 77 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. 140.25 Burglary in the second degree. Section 30-3B-302. Damages awarded by a court under this section shall be computed as either of the following: a. Laws, c. 211, For an offense committed within 2 years of the date of a previous conviction for robbery in the first degree or if the conviction is for an offense that was committed within 2 years of the date of termination of all periods of incarceration or confinement imposed pursuant to a previous conviction for robbery in the first degree, whichever is the later date. Alabama Parent-Child Relationship Protection Act. (3) All other forgery is forgery in the third degree, a class A misdemeanor. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. b. Intention and ability to meet obligations as affirmative defense. Bribe receiving is a class A misdemeanor. 4. KRS Chapter 511. Laws, c. 216, 1, effective Sept. 16, 2019. (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. Laws, c. 497, 1 ; 67 Del. b. (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. GENERAL PROVISIONS CONCERNING OFFENSES, Subchapter II. A. . 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. (1) Except as provided in paragraphs (d)(2) and (3) of this section, a violation of this section constitutes a class A misdemeanor. Criminal trespass in the third degree is a violation. b. (h) Money laundering shall not be deemed to be a related or included offense of any other provision of this Code. Any federal or state certificate of registration of any intellectual property shall be prima facie evidence of the facts stated therein. (4) The person offers, confers or agrees to confer any benefit upon an official in a sports contest, with intent to influence the official to perform duties improperly. anthony clark - trespassing on another's land withoutpermission. (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. 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