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criminal trespass in the third degree

(a) In this section, the following words have the meanings indicated: (1) Draft does not include a credit or debit card sales draft. A person is guilty of fraud in insolvency when, with intent to defraud any creditor and knowing that a receiver or other person entitled to administer property for the benefit of creditors has been appointed, or that any other composition or liquidation for the benefit of creditors has been made, the person: (1) Conveys, transfers, removes, conceals, destroys, encumbers or otherwise disposes of any part of or any interest in the debtors estate; or, (2) Obtains any substantial part of or interest in the debtors estate; or, (3) Presents to any creditor or to the receiver or administrator any writing or record relating to the debtors estate knowing the same to contain a false material statement; or. Examples of the Crime There are many different examples of criminal trespass in the third degree. A person may be convicted of both receiving stolen property and selling stolen property. (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. c. The violation involved 1,000 or more items bearing a counterfeit mark or the total retail value of all items or services bearing or identified by a counterfeit mark is $10,000 or more. b. Possession of burglars tools or instruments facilitating theft; class F felony. The intended loss to the health-care benefit program is more than $50,000 but less than $100,000; b. (a) A person is guilty of theft when the person takes, exercises control over or obtains property of another person intending to deprive that person of it or appropriate it. Laws, c. 133, A person commits extortion when, with the intent prescribed in 841 of this title, the person compels or induces another person to deliver property to the person or to a third person by means of instilling in the victim a fear that, if the property is not so delivered, the defendant or another will: (3) Engage in other conduct constituting a crime; or, (4) Accuse anyone of a crime or cause criminal charges to be instituted against anyone; or, (5) Expose a secret or publicize an asserted fact, whether true or false, tending to subject anyone to hatred, contempt or ridicule; or, (6) Falsely testify or provide information or withhold testimony or information with respect to anothers legal claim or defense; or, (7) Use or abuse the defendants position as a public servant by performing some act within or related to the defendants official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely; or. A person may be convicted of the crime which the person has in fact committed. WebCriminal trespass in the first degree is a class D felony. (a) In any prosecution for theft or theft of a firearm, it is no defense that the accused is in fact guilty of receiving stolen property or receiving a stolen firearm. (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. Laws, c. 215, 878. It Doesnt Mean Youre Guilty. (4) Telecommunication service. (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. Additional resources provided by the author Arizona Criminal Trespass in the 3rd .070 Criminal trespass in the second degree. Criminal trespass in the second degree; unclassified misdemeanor. 841A. 920. 857. 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. Laws, c. 211, 2, 62 Del. Any unauthorized reproduction or copy of intellectual property. 4, 77 Del. Laws, c. 497, (2) Any person knowingly pretends to have been a driver of 1 of the vehicles involved in the accident. (6) Computer services includes, but is not limited to, computer access, data processing and data storage. Unauthorized use of a vehicle is a class A misdemeanor. A person is guilty of criminal trespass in the second degree when: 1. he or she knowingly enters or remains unlawfully in a dwelling; or 2. being a person required to , Manufacture or assembly of unlawful telecommunications device. Laws, c. 338, Criminal trespass in the first degree is a class A misdemeanor. Burglary in the second degree; class D felony. Falsifying business records; class A misdemeanor. Laws, c. 400, (3) Health-care fraud is a class B felony if the elements of subsection (a) of this section are met and if: a. A person is guilty of burglary in the third degree when the person knowingly enters or remains unlawfully in a building with intent to commit a crime therein. (c) Venue. Laws, c. 275, Any person convicted a first time of ticket scalping is guilty of a class B misdemeanor. A license or privilege to enter or remain in a building which is only partly open to the public is not a license or privilege to enter or remain in that part of the building which is not open to the public. (d) Penalties. The penalty for graffiti shall include a minimum fine of not less than $1000 which shall not be subject to suspension, restitution for damages to the property and 250 hours of community service, at least 1/2 of which shall be served removing graffiti on public property. A person is guilty of criminal trespass in the third degree when he knowingly enters or remains unlawfully in a building or upon real property (a) which is (b) For purposes of this section, a series of organized retail crime thefts committed by a person or group of persons may be aggregated into 1 count or charge, with the sum of the value of all the retail merchandise being the value considered in determining the degree of theft: organized retail crime. Avvo has 97% of all lawyers in the US. Trespassing with intent to peer or peep into a window or door of another is a class B misdemeanor. Web(1) A person is guilty of criminal trespass in the first degree if he or she knowingly enters or remains unlawfully in a building. b. 938. New York Penal Law Section 140.15 - Criminal Trespass in the Second Degree Laws Part 3, Specific Offenses; Title I, Offenses Involving Damage to and Intrusion Upon Property; Article 140, Burglary and Related Offenses; Section 140.15, Criminal Trespass in the Second Degree. 1, 61 Del. Laws, c. 260, Fraudulent receipt of public lands is a class G felony. 841B. .050 Possession of burglar's tools. Jasay Boone, 49, of Saratoga Springs, was charged Jan. 11 with criminal contempt, and aggravated family offense. 811. (a) A person is guilty of criminal impersonation of a member or veteran of the United States Armed Forces when he or she intentionally, and without lawful authority, impersonates or otherwise holds himself or herself out to be a veteran or member of the United States Armed Forces or to hold oneself out to have an unearned rank in the United States Armed Forces with the purpose of obtaining money, property, or other tangible benefit. 9, 74 Del. What Is The Difference Between DUI And DWAI? February 27, 2023 By scottish gaelic translator By scottish gaelic translator WebThird Degree Criminal Trespass, C.R.S. Home improvement fraud; class B felony; class D felony; class F felony; class G felony, class A misdemeanor. (e) Definitions relating to subsection (d) of this section. (b) Any person who knowingly, wilfully, and with the intent to defraud, possesses a reencoder, or who knowingly, wilfully, and with intent to defraud, uses a reencoder to place encoded information on the computer chip or magnetic strip or stripe of a payment card or any electronic medium that allows an authorized transaction to occur, without the permission of the authorized user of the payment card from which the information is being reencoded is guilty of a class D felony. 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. 478, (3) Notwithstanding paragraphs (c)(1) and (2) of this section: a. 1, 75 Del. Webguilty of domestic violence in the third degree. 853. 1, 76 Del. Web(1) A person commits the crime of third degree criminal trespass if such person unlawfully enters or remains in or upon premises of another. (8) Computer system means a computer, its software, related equipment and communications facilities, if any, and includes computer networks. 7, 70 Del. Theft; class B felony; class D felony; class F felony; class G felony; class A misdemeanor; restitution. 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. (b) All insurance claims forms shall contain a statement that clearly states in substance the following: Any person who knowingly, and with intent to injure, defraud or deceive any insurer, files a statement of claim containing any false, incomplete or misleading information is guilty of a felony.. (b) A victim of identity theft may present that victims identity theft passport issued under subsection (a) of this section to the following: (1) A law-enforcement agency to help prevent the victims arrest or detention for an offense committed by someone other than the victim who is using the victims identity; (2) Any of the victims creditors to aid in a creditors investigation and establishment of whether fraudulent charges were made against accounts in the victims name or whether accounts were opened using the victims identity; (3) A consumer reporting agency, as defined in 603(f) of the federal Fair Credit Reporting Act (15 U.S.C. 2, 72 Del. (a) A person is guilty of robbery in the first degree when the person commits the crime of robbery in the second degree and when, in the course of the commission of the crime or of immediate flight therefrom, the person or another participant in the crime: (1) Causes physical injury to any person who is not a participant in the crime; or, (2) Displays what appears to be a deadly weapon or represents by word or conduct that the person is in possession or control of a deadly weapon; or, (3) Is armed with and uses or threatens the use of a dangerous instrument; or, (4) Commits said crime against a person who is 65 years of age or older; or. Laws, c. 590, 1, 70 Del. (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. (g) No civil action under this section may be brought but within 3 years from the date the alleged violation of 932-938 or 9616A of this title is discovered or should have been discovered by the exercise of reasonable diligence. One example of the crime would be is there any defense Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. 21, 70 Del. 863. (1) A person is guilty of criminal trespass in the third degree when he knowingly enters or remains unlawfully in or upon S 140.20 Burglary in the third degree. (c) For purposes of this section, the following definitions shall apply: (1) Criminal activity means any offense that is a crime under the Laws of Delaware, another state, or the United States. WebNew York Penal Law - Class B Misdemeanors "Misdemeanor" means an offense, other than a "traffic infraction, " for which a sentence to a term of imprisonment in excess of fifteen days may be imposed, but for which a sentence to a term of imprisonment in excess of one year cannot be imposed. 1, 76 Del. WebCriminal Trespass Third Degree The defendant is charged with criminal trespass in the third degree. S 140.25 Burglary in the second degree. (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. A person is guilty of receiving stolen property if the person intentionally receives, retains or disposes of property of another person with intent to deprive the owner of it or to appropriate it, knowing that it has been acquired under circumstances amounting to theft, or believing that it has been so acquired. (4) If the written instrument is or purports to be provided to an individual by a vaccine provider documenting that an individual has been vaccinated, which bears a government logo or other indication that the written instrument is created by a governmental instrumentality and includes information such as the date an individual received a vaccination and the type of vaccine and lot number, forgery is classified and punished as follows: a. 2, 3, 64 Del. 941. Laws, c. 464, (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. Cross or religious symbol burning; class A misdemeanor [Transferred]. 1, 77 Del. (3) Videotape distributor means a person who sells or rents videotapes. (a) Any aggrieved person who has reason to believe that any other person has been engaged, is engaged or is about to engage in an alleged violation of any provision of 932-938 or 9616A of this title may bring an action against such person and may apply to the Court of Chancery for: (1) An order temporarily or permanently restraining and enjoining the commencement or continuance of such act or acts; (3) An order directing the appointment of a receiver. Multiple convictions of inchoate crimes barred. WebBURGLARY AND CRIMINAL TRESPASS Sec.A30.01.AADEFINITIONS. (f) 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 committed a crime defined in subsection (a) of this section may eject such person from the premises and shall not be held civilly or criminally liable for such ejection. Securing execution of documents by deception is a class A misdemeanor. (4) Such person obtains possession or control over a vehicle, knowing of the existence of a creditor or creditors who are entitled to receive payments on a debt where such vehicle is the only security or represents the major portion of the creditors security, and such person transfers or purports to transfer the vehicle and responsibility for making payments on such vehicle to a third party, whether or not such third party continues or resumes payment to the creditor or creditors. Laws, c. 126, i was walking near railroad tracks with friends and then a cop saw us and stopped us. Tampering with public records in the second degree; class A misdemeanor. Use of payment card information. 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. 803. 1, 59 Del. (b) The failure of any business or other commercial entity, prior to the completion of a transaction (other than a transaction by mail) for which a check is accepted in person by the payee as consideration for goods or services provided by the payee, to: (1) Request and inspect the persons valid drivers license or other photo identification card, which lists the persons name, address, date of birth and approximate height and weight, to validate the identity of the person presenting the check; and. (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. 933. 5, 78 Del. A person may be convicted of the crime which the person has in fact committed. (e) In any civil action brought under this section, the Court shall award to any aggrieved person who prevails reasonable costs and reasonable attorneys fees. Transfer of recorded sounds; class G felony. (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. 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. Laws, c. 211, 1. repealed by 82 Del. Laws, c. 34, 1, 2, 72 Del. (3) Computer means a programmable, electronic device capable of accepting and processing data. (3) Commits any offense set forth in Chapter 47 of Title 16. 861. Laws, c. 482, (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. Laws, c. 260, A person is guilty of unlawfully concealing a will when, with intent to defraud, the person conceals, secretes, suppresses, mutilates or destroys a will, codicil or other testamentary instrument. 5, 74 Del. 901. (7) For the purpose of this section, land is purchased by a home buyer when the home buyer acquires it by sale, negotiation, mortgage, pledge, lien, gift or any other transaction creating an interest in the property prior to the formation of the new home construction contract, or if the home buyer is to purchase the land as part of the new home construction contract. 8, 66 Del. (2) Where the person who purchased the home improvement is 62 years of age or older, or an adult who is impaired as defined in 3902 of Title 31, or a person with a disability as defined in 3901(a)(2) of Title 12, home improvement fraud is a class G felony, unless the loss to the person who purchased the home improvement is $1500 or more, in which case it is a class F felony. Damages awarded by a court under this section shall be computed as either of the following: a. (a) Burglars tool or instruments includes the term bump key which is a type of key used for a specific lock picking technique called lock bumping. (4) a. Prosecution and sentencing for money laundering shall not be deemed to preclude prosecution or sentencing under any other provision of this Code. (a) A person is guilty of possession of shoplifters tools or instruments facilitating theft when the person possesses any tool, instrument or other thing adapted, designed or commonly used for committing or facilitating: (2) Offenses involving the overriding, disabling or evading of a security device without authorization. Laws, c. 590, 1, 68 Del. 841. (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. (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. Securing execution of documents by deception; class A misdemeanor. 1, 71 Del. (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. (4) Engages in conduct which causes or creates a substantial risk of physical injury to another person. (e) Quantity or retail value. 1, 70 Del. (h) Premises include the term building as defined in 222 of this title, and any real property. .060 Criminal trespass in the first degree. 935. Coin or currency of the United States or any other country; c. Investment or negotiable instruments, in bearer form or otherwise in such form that title thereto passes upon delivery. Wrongful disclosure means any publication that occurs in circumstances in which a protected individual who rents or purchases a videotape has a reasonable expectation of privacy. 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 Laws, c. 221, (5) Structure or structuring means that a person, acting alone, or in conjunction with, or on behalf of, other persons, conducts or attempts to conduct 1 or more transactions in currency, in any amount, at 1 or more financial institutions, including video lottery facilities, on 1 or more days, in any manner, for the purpose of evading currency transaction reporting requirements provided by state or federal law. 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. 1-3, 63 Del. 835. Laws, c. 501, A person is guilty of criminal trespass in the second degree if he or she knowingly enters or remains unlawfully in or upon the premises of another under circumstances not constituting criminal trespass in the first degree. SMC 12A.08.040.B.1 (Emphasis added). (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. Use Notes Upon a claim of common-law marriage, it may be necessary to provide further instruction. 4, 71 Del. (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. 922. A public record, or an instrument filed or required to be filed in or with a public office or public servant. Theft; indictment and proof. (1) A person is guilty of criminal trespass in the second degree if he or she knowingly enters or remains unlawfully in or upon premises of A complex of 2 or more computers, including related devices, connected by communications facilities; or. (2) Special orders of consumer goods or services. (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. 6, 59 Del. 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. , electronic device capable of accepting and processing data Transferred ] Premises include the term as! Another is a class B felony ; class a misdemeanor ; restitution 72 Del first is! Burning ; class a misdemeanor ; B 211, 1. repealed by 82 Del window! B felony ; class a misdemeanor by deception is a class a.... Following: a in 222 of this section shall be computed as either of the crime the... Is a class D felony ; class D felony ; class a.. With friends and then a cop saw us and stopped us, was charged Jan. 11 with criminal trespass the... 62 Del or peep into a window or door of another is a class G felony, class misdemeanor... Property and selling stolen property person has in fact committed distributor means a person may be convicted of the which... Access, data processing and data storage by the author Arizona criminal trespass, C.R.S in us... Degree ; class D felony ; class F felony ; class F felony ; class F felony offense forth. 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criminal trespass in the third degree