Failing to pay for the services, labor, materials or equipment provided incident to such home improvement; or, c. Diverting said funds to a use other than for which the funds were received; or. (d) Proof of pecuniary loss is not required to establish actual damages in connection with an alleged violation of 935 of this title arising from misuse of private personal data. 4, 77 Del. (b) Reckless burning or exploding shall be punished as follows: (1) Where the total amount of pecuniary loss caused by the burning or exploding, when totaled for all victims, is less than $1,500, such burning or exploding shall be a class A misdemeanor. a. (b) The Court may award the relief applied for or such other relief as it may deem appropriate in equity. 1, 70 Del. Receiving stolen property; class G felony; class A misdemeanor. Grant preliminary and final injunctions to prevent or restrain violations of this section; b. Laws, c. 408, Is primarily designed or produced for the purpose of facilitating or enabling the falsification of electronic mail transmission information or other routing information; b. 801. (b) As used in this section motor vehicle means an automobile, motorcycle, van, truck, trailer, semitrailer, truck tractor and semitrailer combination, or any other vehicle which is self-propelled, which is designed to be operated primarily on a roadway as defined in 101 of Title 21, and in, upon or by which any person or property is or may be transported. (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. All commercial electronic mail sent to any receiving address within the State shall have information to the recipient on how to unsubscribe or stop further receipt of commercial electronic mail from the sender. 1, 78 Del. (6) Payment of money means tender of money or other consideration of value by a home buyer or by any lending institution on behalf of the home buyer to a new home contractor as part of a new home construction contract. 1, 76 Del. Possession of forgery devices; class G felony. Motor vehicle as used in this section shall not include any device that is included within the definitions of moped, off-highway (OHV), triped, motorized scooter or skateboard, motorized wheelchair or electric personal assistive mobility device (EPAMD) as defined in 101 of Title 21. Home invasion; class B felony [Repealed]. (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. (2) Offenses involving the unlocking, overriding, or disabling of a security device without authorization, (3) Offenses involving forcible breaking or opening of safes, vending machines, automatic teller machines, lock boxes, gates, doors or any container or depositories of property, or. Issuance of bad check by employee as affirmative defense. 913A. 7, 75 Del. (2) Scanning device means a scanner, reader, or any other electronic device that is used to access, read, scan, obtain, memorize, or store, temporarily or permanently, information encoded on the computer chip or magnetic strip or stripe of a payment card. (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. Jasay Boone, 49, of Saratoga Springs, was charged Jan. 11 with criminal contempt, and aggravated family offense. Criminal trespass in the third degree is a violation. 849. (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. Laws, c. 135, Definitions relating to criminal trespass, burglary and home invasion. 840A. This section shall not apply to publishers, broadcasters, printers or other persons engaged in the dissemination of information or reproduction of printed or pictorial matter who publish, broadcast or reproduce material without knowledge of its deceptive character. Such property shall include goods and chattels, rights and credits, moneys and effects, books, records, documents, papers, choses in action, bills, notes and property of every description including all computer system equipment and data, and including property with which such property has been commingled if it cannot be identified in kind because of such commingling. A person convicted of burglary in the first degree shall receive a minimum sentence of 1 year at Level V. (d) Notwithstanding any provision of this section or Code to the contrary, where a person is convicted of burglary in the first degree pursuant to subsection (a) of this section and who either (1) is armed with explosives or a deadly weapon; or (2) causes physical injury to any person who is not a participant in the crime, burglary in the first degree is a class B felony. (c) Occupied dwelling means a dwelling, and a person is lawfully present on the property at the time of the offense. Laws, c. 590, Falsifying business records; class A misdemeanor. (2) Assists, abets, solicits or conspires with another to prepare or make any written or oral statement that is intended to be presented to any insurer in connection with, or in support of, any claim for payment or other benefit pursuant to an insurance policy, knowing that such statement contains any false, incomplete or misleading information concerning any fact or thing material to such claim. (c) Violation of this section is an unclassified misdemeanor. A. Laws, c. 329, 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. A person is guilty of interference with levied-upon property when the person hides, destroys or removes from the county in which it is situated when levied upon or seized any property which the person knows has been levied upon or seized under execution, attachment process or distress for rent. Carjacking in the second degree; class E felony; class D felony [Repealed]. Adulterated means varying from the standard of composition or quality prescribed by or pursuant to any statute providing criminal penalties for such variance, or set by established commercial usage. Laws, c. 498, Laws, c. 133, Laws, c. 358, Fraud in insolvency is a class A misdemeanor. Unlawful use of payment card; class G felony; class A misdemeanor. (b) Possession of burglars tools or instruments facilitating theft is a class F felony. 6, 74 Del. (a) A person is guilty of criminal trespass in the third degree when he knowingly enters or remains unlawfully in or upon premises. (2) Possession of graffiti implements is a class B misdemeanor. To convict, the State must prove beyond a reasonable doubt each of the following elements: (3) Videotape distributor means a person who sells or rents videotapes. A person is guilty of fraudulent conveyance of public lands when the person executes any deed or other written instrument purporting to convey an interest in land any part of which is public lands of this State, when such person at the time of execution of such instrument knows that the person has no legal or equitable interest in the land described in said instrument. Laws, c. 179, Laws, c. 133, The penalty for possession of graffiti implements shall include a minimum fine of not less than $500 which shall not be subject to suspension, restitution for damages to the property and 100 hours of community service, at least 1/2 of which shall be served removing graffiti on public property. Misuse of computer system information. 911. 6, 74 Del. Tampering with public records in the second degree is a class A misdemeanor. Class A Misdemeanors B Misdemeanor 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. (4) For purposes of grading an offense based upon a prior conviction under this section or for any similar crime pursuant to paragraphs (b)(2)a. and (3)a. of this section, a prior conviction shall consist of convictions upon separate indictments or criminal complaints for offenses under this section or any similar crime in this or any federal or other state jurisdiction. A set of related devices connected to a computer by communications facilities; b. 3, 60 Del. Laws, c. 203, 836. (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. Laws, c. 443, Unauthorized use of a vehicle; class A misdemeanor. The transaction or transactions need not exceed the reporting threshold at any single financial institution on any single day in order to meet the definition of structure or structuring provided in this paragraph. Laws, c. 497, (b) In any prosecution for any violation of 932-938 of this title based upon more than 1 act in violation thereof, the offense shall be deemed to have been committed in any of the places at which any of the acts occurred or in which a computer system or part thereof involved in a violation was located. 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