(b) A person is guilty of home invasion burglary first degree if the elements of subsection (a) of this section are met and in effecting entry or when in the dwelling or immediate flight therefrom, the person or another participant in the crime engages in the commission of, or attempts to commit, any of the following felonies: (1) Robbery in the first or second degree; (2) Assault in the first or second degree; (3) Murder in the first or second degree; (6) Kidnapping in the first or second degree; (c) Burglary in the first degree is a class C felony. 10, 79 Del. (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. 477, 3, effective Oct. 21, 2022. Laws, c. 590, Laws, c. 252, A person is guilty of issuing a false certificate when, being a public servant authorized by law to make or issue official certificates or other official written instruments, and with intent to defraud, deceive or injure another person, the person issues such an instrument, or makes the same with intent that it be issued, knowing that it contains a false statement or false information. Laws, c. 31, 803. The instructions are, of course, based on statutory provisions and prevailing case law. Carjacking in the second degree; class E felony; class D felony [Repealed]. 6, 60 Del. A. Forgery; class F felony; class G felony; class A misdemeanor; restitution required. (b) The defendant may be found guilty of theft if the defendants conduct falls within any of the sections defining theft. (i) Security device includes any lock, whether mechanical or electronic; or any warning device designed to alert a person or the general public of a possible attempt to gain unlawful entry into or upon premises or a possible attempt to unlock, bypass or otherwise disable a lock. (3) Telecommunications device. 9, 60 Del. Trespassing with intent to peer or peep into a window or door of another; class B misdemeanor. 941. (b) For the purposes of this section, owner means the person who owns the original fixation of sounds embodied in the master phonograph record, master disc, master wire, master tape, master film or other device used for reproducing sounds on phonograph records, discs, wires, tapes, films or other articles upon which sound is recorded, and from which the transferred recorded sounds are directly or indirectly derived. Reckless burning or exploding; class A misdemeanor. (b) Dwelling means a building which is usually occupied by a person lodging therein at night including a building that has been adapted or is customarily used for overnight accommodation. (2) Any person knowingly pretends to have been a driver of 1 of the vehicles involved in the accident. Selling stolen property; class A misdemeanor; class G felony. According to ARS 13-1502, third degree criminal trespass is considered to be a class 3 misdemeanor. 1, 72 Del. (c) Theft of a motor vehicle is a class G felony. 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. The aggrieved person shall recover actual damages and damages for unjust enrichment not taken into account in computing damages for actual loss and treble damages where there has been a showing of wilful and malicious conduct. (3) Funds that the person believes are the proceeds of criminal activity means any funds that are believed to be proceeds of criminal activity including funds that are not the proceeds of criminal activity. (a) A person is guilty of criminal trespass in the third degree when he knowingly enters or remains unlawfully in or upon premises. Has only limited commercially significant purpose or use other than to facilitate or enable the falsification of electronic mail transmission information or other routing information; or. 1, 78 Del. 1, 65 Del. Knowingly entering or is there any defense 6, 74 Del. Criminal trespass 3rd degree, how can i get it reduced? Offering a false instrument for filing; class A misdemeanor. For purposes of imposing fines upon conviction of a defendant for an offense under this section, all fines shall be imposed for each unlawful telecommunication or access device involved in the violation. Laws, c. 497, Laws, c. 120, (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 person may be convicted of the crime which the person has in fact committed. (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. A person is guilty of criminal trespass in the third degree when he knowingly enters or remains unlawfully in a building or upon 1, 70 Del. (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. Laws, c. 383, 5, 65 Del. Shoplifting is a class G felony when the goods, wares or merchandise shoplifted are of the value of $1,500 or more, or when the goods, wares or merchandise shoplifted are from 3 or more separate mercantile establishments and were shoplifted in the same or continuing course of conduct and the aggregate value of the goods is $1,500 or more. (c) A merchant, a store supervisor, agent or employee of the merchant 18 years of age or older, who has probable cause for believing that a person has intentionally concealed unpurchased merchandise or has committed shoplifting as defined in subsection (a) 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. (a) A person is guilty of arson in the second degree when the person intentionally damages a building by starting a fire or causing an explosion. 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. [If lesser-included offenses are included, the Court should instruct on those offenses at this point.] (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. Laws, c. 134, b. Arson in the third degree is a class G felony. 1, 77 Del. 846. 825. b. Intention and ability to meet obligations as affirmative defense. (2) The person knows of circumstances which render the presence of another person not an accomplice therein a reasonable possibility. 1, 73 Del. Being an official 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 perform duties improperly. A person commits criminal trespass in the third degree by: 1. 925. A person commits criminal trespass in the third degree by: 1. Laws, c. 129, 1, 2, 60 Del. Arson in the second degree is a class D felony. (4) For purposes of all civil remedies established for violations of this section, the prohibited activity established in this section applies to each unlawful telecommunication or access device and shall be deemed a separate violation. Laws, c. 97, (c) If any act performed in furtherance of the offenses set out in 932-938 of this title occurs in this State or if any computer system or part thereof accessed in violation of 932-936 of this title is located in this State, the offense shall be deemed to have occurred in this State. (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. Use Notes Upon a claim of common-law marriage, it may be necessary to provide further instruction. The defendant has previously been convicted under this section; or. (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. Debt adjusting; class B misdemeanor. 1, 75 Del. A person is guilty of unauthorized use of a vehicle when: (1) Knowing that the person does not have the consent of the owner the person takes, operates, exercises control over, rides in or otherwise uses a vehicle; (2) Having custody of a vehicle pursuant to an agreement between the person or another and the owner thereof whereby the person or another is to perform for compensation a specific service for the owner involving the maintenance, repair or use of the vehicle, the person intentionally uses or operates it, without the consent of the owner, for the persons own purposes in a manner constituting a gross deviation from the agreed purpose; (3) Having custody of a vehicle pursuant to an agreement with its owner whereby it is to be returned to the owner at a specified time, the person intentionally retains or withholds possession thereof, without the consent of the owner, for so lengthy a period beyond the specified time as to render the retention or possession a gross deviation from the agreement; or. Unlawful telecommunication device also means: a. (4) In addition to the penalties otherwise authorized by this subsection, a person convicted under this section may be subject to a fine of up to 5 times the pecuniary benefit obtained or sought to be obtained through the persons violation of this section. 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. 907. (e) Definitions. 1, 83 Del. 1, 68 Del. Laws, c. 150, 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. 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. b. Use or possession of electric or electronic incapacitation device. The defendant has been previously convicted of 2 or more offenses under this section; b. 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. (e) A person enters or remains unlawfully in or upon premises when the person is not licensed or privileged to do so. Laws, c. 344, (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. Laws, c. 438, Laws, c. 133, 1, 2, 63 Del. WebJean Santiago Rodriguez, 30, of Saratoga Springs, was charged Jan. 12 with two counts of assault in the third-degree. (4) Engages in conduct which causes or creates a substantial risk of physical injury to another person. (h) Premises include the term building as defined in 222 of this title, and any real property.

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