§§  1, 61 Del. 68 Del. Laws, c. 353, 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. (8) Perform any other act which is calculated to harm another person materially with respect to the person’s health, safety, business, calling, career, financial condition, reputation or personal relationships. § § (b) Criminal impersonation in the second degree is a class A misdemeanor. (2) Any person who knowingly operates the audiovisual recording function of any device in a motion picture theater for the purpose of recording a motion picture, while the motion picture is being exhibited, without the consent of the motion picture theater owner, is guilty of a is guilty of a class A misdemeanor which notwithstanding any law to the contrary, may also include a fine of up to $50,000. Theft: Organized retail crime; class A misdemeanor; class E felony. (1) Any broadcaster who, in connection with or as part of a radio, television or cable broadcast transmission, or for the purpose of archival preservation, transfers any such sounds recorded on a sound recording; (2) Any person who transfers such sounds in the home, for personal use, and without compensation for such transfer; (3) Any phonograph record, disc, wire, tape, film or other article upon which sound is recorded where a period of 50 years has transpired since the original fixation of sounds thereon was made by the owner or on the owner’s behalf. (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. §§ 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. Any person convicted a first time of ticket scalping is guilty of a class B misdemeanor. Criminal impersonation in the first degree. 840. Securing execution of documents by deception is a class A misdemeanor. Arson in the second degree is a class D felony. (a) No person shall knowingly, or with reasonable grounds to know, advertise or offer for sale or resale, or sell or resell, distribute or possess for such purposes, any article that has been produced in violation of § 920 of this title. Criminal impersonation is a class A misdemeanor. Super., June 5, 2019. (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. Completely ruined the punch and gently press down to entry deadline. Debt adjusting; class B misdemeanor. C. § 907A. 826A. 732 chapter 195 formerly house bill no. 6, 70 Del. § State Employees  9, 74 Del. Possessing a destructive weapon 911. § It is located at: 2 Penns Way, Suite 100A, New Castle, DE 19720.  8, 74 Del. Laws, c. 134, Laws, c. 315, (5) “Telecommunication service provider”. Any unauthorized reproduction or copy of intellectual property. Parking is available in the front of the building. A Pennsylvania woman wanted on a felony warrants was shot dead after a police chase along a highway in Tennessee, according to authorities. Federal prosecutors filed a criminal complaint Monday, June 8, 2020, against Wood, a Washington state resident charged with damaging a police vehicle during rioting that broke out in Delaware during a protest related to the death of George Floyd. (b) Any person wilfully concealing unpurchased merchandise of any store or other mercantile establishment, inside or outside the premises of such store or other mercantile establishment, shall be presumed to have so concealed such merchandise with the intention of converting the same to the person’s own use without paying the purchase price thereof within the meaning of subsection (a) of this section, and the finding of such merchandise concealed upon the person or among the belongings of such person, outside of such store or other mercantile establishment, shall be presumptive evidence of intentional concealment; and if such person conceals or causes to be concealed such merchandise upon the person or among the belongings of another, the finding of the same shall also be presumptive evidence of intentional concealment on the part of the person so concealing such merchandise. § —, “Manufacture or assembly of any unlawful access device”. (b) A victim of identity theft may present that victim’s identity theft passport issued under subsection (a) of this section to the following: (1) A law-enforcement agency to help prevent the victim’s arrest or detention for an offense committed by someone other than the victim who is using the victim’s identity; (2) Any of the victim’s creditors to aid in a creditor’s investigation and establishment of whether fraudulent charges were made against accounts in the victim’s name or whether accounts were opened using the victim’s identity; (3) A consumer reporting agency, as defined in § 603(f) of the federal Fair Credit Reporting Act (15 U.S.C. Theft of computer services. § Laws, c. 195, § 1; 70 Del. § § §§ A person is guilty of criminal impersonation when the person: (1) Impersonates another person and does an act in an assumed character intending to obtain a benefit or to injure or defraud another person; or (2) Pretends to be a representative of some person or organization and does an act in a pretended capacity with intent to obtain a . (c) It is a defense that the defendant has a reasonable ground to believe that the defendant has a right to engage in the conduct set forth in subsection (a) of this section. 11 Del. (5) As provided for in paragraphs (b)(2)a. and (3)a. of this section, in grading an offense under this section based upon a prior conviction, the term “any similar crime” shall include, but not be limited to, offenses involving theft of service or fraud, including violations of the Cable Communications Policy Act of 1984 (Public Law 98-549, 98 Stat. Laws, c. 133, Laws, c. 133, 915A. § (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. 859.  8, 66 Del.  2, 74 Del. (2) All implements, devices, materials, and equipment used or intended to be used in the manufacture of the recordings on which the conviction is based. 861. A person is guilty of bribe receiving if: Being an employee, agent or fiduciary and, without the consent of the employer or principal, the person solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that the benefit will influence the person to take some action with regard to the employer’s or principal’s affairs which would not be warranted upon reasonable consideration of the factors which the person should have taken into account; or, Being a duly appointed representative of a labor organization or a duly appointed trustee or representative of an employee welfare trust fund, the person solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that the benefit will influence the person in respect to any of the person’s acts, decisions or duties as representative or trustee; or, Being a participant 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 thereby be influenced not to give the best effort in a sports contest; or. 862. C. § 843, a felony. Decided on March 30, 2017. Possession or theft of a prescription form or a pad. (2) A “home buyer” means a person who intends to enter into a new home construction contract for himself or herself or on behalf of any person. Laws, c. 260, 849. Part of an issue of stock, bonds or other instruments representing interests in or claims against a corporation, business enterprise or other organization or its property. 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. —, Structuring; avoiding a transaction reporting requirement. Use of illegitimate retail sales receipt or Universal Product Code Label. 860. A person is guilty of misapplication of property when, knowingly possessing personal property of another pursuant to an agreement that it will be returned to the owner at a future time, the person sells, loans, leases, pledges, pawns or otherwise encumbers the property without the consent of the owner thereof in such a manner as to create a risk that the owner will be unable to recover it or will suffer pecuniary loss. Pretending to be another person in order to defraud another is considered criminal impersonation. SPECIFIC OFFENSES Subchapter III Offenses Involving Property § 907 Criminal impersonation; class A misdemeanor. (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. 11 Del. Laws, c. 267, 850. (a) No person shall knowingly transfer or cause to be transferred, directly or indirectly by any means, any sounds recorded on a phonograph record, disc, wire, tape, film or other article upon which sounds are recorded, with the intent to sell or cause to be sold, or to use for profit through public performance, or to use to promote the sale of any product, such article on which sounds are so transferred, without consent of the owner; provided, that such owner is domiciled or has its principal place of business in a country which is a signatory to the Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of their Phonograms (executed on October 29, 1971, Geneva). 71 Del. Learn more about the Coronavirus (Covid-19) More Info. (a) A person is guilty of theft of rental property if the person, with the intent specified in § 841 of this title, takes, destroys, converts, wrongfully withholds or appropriates by fraud, deception, threat, false token, false representation or statement, or by any trick, contrivance or other device to avoid payment for or to otherwise appropriate rental property entrusted to said person. § Receiving stolen property; presumption of knowledge. (2) Pretends to be a representative of some person or . 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. § § 841C. (12) The “Internet” is a hierarchy of computer networks and systems that includes, but is not limited to, commercial (.com or .co), university (.ac or .edu) and other research networks (.org, .net) and military (.mil) networks and spans many different physical networks and systems around the world.  1, 75 Del. Any person convicted a second or subsequent time of ticket scalping shall be guilty of a class A misdemeanor. Delaware Identity Theft Passport: A document that a victim of criminal impersonation can carry with them in order to help prove their identity. Please check official sources.  1, 70 Del. Failing to substantially complete the home improvement for which the funds were provided; or, b. (2) Pretends to be a representative of some person or . Bribe receiving is a class A misdemeanor. The intended loss to the health-care benefit program is more than $50,000 but less than $100,000; b. — Any type of instrument, device, machine, equipment, technology or software which is primarily designed, assembled, manufactured, sold, distributed, possessed, used or offered, promoted or advertised for the purpose of defeating or circumventing any technology, device or software, or any component or part thereof, used by the provider, owner or licensee of any 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. (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.”. c. Any person or entity providing any telecommunication service directly or indirectly by or through any such distribution systems, networks or facilities. MADRID, N.Y. (WWTI) — Following an incident that was investigated late Friday night, a Potsdam man received several assault charges and charged for criminal impersonation. § 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. Laws, c. 133, Dover, DE 19901, Delaware's Governor (4) Used or threatened the use of force against the person or property of the person purchasing said home improvement and said person is 62 years of age or older. Transfer of recorded sounds; class G felony. Laws, c. 333, (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. The defendant has previously been convicted under this section; or. —, Forfeiture of unlawful telecommunication or access devices. It also tells the story of the tenacity of those who defied the law, spoke out when sentenced, and articulated different gender possibilities. Her family and friends, however, are casting doubt on that version of events. Prosecution and sentencing for money laundering shall not be deemed to preclude prosecution or sentencing under any other provision of this Code. 803. § Laws, c. 590, 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. (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. What is the Maryland code for criminal impersonation? Crimes and Criminal Procedure § 907. 826.  2, 75 Del. §  1, 75 Del. c. Is marketed by that person or another acting in concert with that person’s knowledge for use in facilitating or enabling the falsification of electronic mail transmission information or other routing information. Laws, c. 133, Criminal impersonation, accident related, is a class G felony. § In any case where the court finds that any of the violations of this section were committed wilfully and for purposes of commercial advantage or private financial gain, the court in its discretion may increase the award of statutory damages by an amount of not more than $50,000 for each unlawful telecommunication or access device involved in the action. 936. 873. (c) “Occupied dwelling” means a dwelling, and a person is lawfully present on the property at the time of the offense. 871. 841. 881. (16) “Originating address” or “originating account” means the string used to specify the source of any electronic mail message (e.g. Tags: 100 block of carlisle street, criminal impersonation, criminal mischief under $1000, delaware, felton, felton police, lewis foreman, resisting arrest, third degree criminal trespass . You're not a lawyer and you don't even play one on TV, but sometimes you pretend to be one to get things done. § Definition of “issues” and “passes.”. b.  5, 74 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. § § Tampering with public records in the first degree is a class E felony. (b) Violation of this section involving 100 or more improperly labeled sound recordings shall constitute a class G felony, otherwise it is/shall constitute an unclassified misdemeanor. 922. Free Newsletters Arson in the third degree is a class G felony. Whoever commits theft of property from a cemetery shall be guilty of 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. Laws, c. 151, In a case of first impression, the Superior Court ruled, contrary to "common knowledge" of Delaware Criminal laws, that criminal impersonation requires proof that a real person (a human being who has been born and is alive) has been impersonated; in other words, one cannot impersonate a fictitious person. Laws, c. 310, On direct appeal, Client's conviction overturned by the Delaware Supreme Court agreeing with Counsel's argument that trial counsel rendered ineffective assistance of counsel due to a conflict of . (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 person’s violation of this section. § §§ § 832. Laws, c. 98, § § Criminal impersonation; class A misdemeanor. (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. Laws, c. 377, Issuing a false certificate is a class G felony. § Delaware's Department of Safety and Homeland Security have charged eight people in connection with the scheme. (1) “Access” means to instruct, communicate with, store data in or retrieve data from a computer, computer system or computer network. Bribery; class A misdemeanor. (4) “New home construction” means the erection, installation or construction of a dwelling on a fixed foundation on land which is owned or purchased by a home buyer. Evans v. State, Del. § (e) As used in this section, the following definitions apply: (1) “Reencoder” means an electronic device that places encoded information from the computer chip or magnetic strip or stripe of a payment card onto the computer chip or magnetic strip or stripe of a different payment card or any electronic medium that allows an authorized transaction to occur. (2) Theft of a blank prescription form or pad is a class F felony. (2) A person shall be guilty of a class F felony if: a. § (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. (c) The provisions of this section do not prohibit a person from: (1) Requesting the drawer to display a payment card for purposes only of identification or credit worthiness; (2) Requesting or recording the type or issuer of a payment card of the drawer; or. (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. For the purpose of this section, as well as in any prosecution for theft committed by means of a bad check, it is prima facie evidence of knowledge that the check (other than a postdated check) would not be honored that: (1) The issuer had no account with the drawee at the time the check was issued; or. Possession of forgery devices is a class G felony. § Laws, c. 162, Laws, c. 353, (4) For any other reason use of the card is unauthorized by the issuer. Any person or entity owning or operating any cable television, satellite, Internet-based, telephone, wireless, microwave, data transmission or radio distribution system, network or facility; and. § (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. This subpart shall neither enlarge nor diminish the rights of parties in civil litigation. § § The minimum fine and community service hours shall be doubled for a second or subsequent conviction of possession of graffiti implements. Bribe receiving; class A misdemeanor. Issuance of bad check by employee as affirmative defense. 878. 802. The violation involved more than 100 but less than 1,000 items bearing a counterfeit mark or the total retail value of all items or services bearing or identified by a counterfeit mark is more than $2,000, but less than $10,000. 829. Unlawful operation of a recording device. § § 911. The minimum fine and community service hours shall be doubled for a second or subsequent conviction of an act of graffiti. C. 218, §§ 1, 2, 72 Del be convicted of impersonating someone who doesn #... ( 6 ) “ Manufacture or assembly of any unlawful access device ” all live.... 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