Delaware trespassing laws

Delaware trespassing laws DEFAULT

Trespassing

Trespassing Charges are often made in Conjunction with Other Charges

Feeling that you and your property are safe from intruders is important to most people. Companies also have security or other measures in place to ensure that no one enters their property who is not supposed to be there. Even if no one is harmed or no valuables are taken or destroyed, being on or inside someone else’s property without permission is a crime in the state of Delaware.

There are three levels of trespassing in Delaware:

  • Criminal trespass in the third degree, which is considered a violation
  • Criminal trespass in the second degree, which is considered an unclassified misdemeanor
  • Criminal trespass in the first degree, a class A misdemeanor

The actual charges that are made against you depend on the situation. However, trespassing charges are often made in conjunction with other charges including theft, robbery or burglary. Whatever the specifics of your situation it is important to seek the services of a qualified and experienced attorney if you have been charged with theft in Delaware.

It is Important to take Criminal Trespass Charges Seriously

If you have been charged with criminal trespass, there are many factors to consider. Did you know you were entering private property? Did you have reason to believe your presence was allowed or would be welcomed? Did you enter the wrong person or company’s property by mistake?

Even the most serious level of criminal trespass in Delaware is still a misdemeanor. However, having a criminal record can increase the likelihood that future charges will be pursued more vigorously. Suppose you have a misdemeanor on your record and are later charged with a crime that can be prosecuted at either the misdemeanor or felony level. In this scenario, there is a greater chance that the prosecution will choose to pursue felony charges because of your past. This means that is important to take criminal trespass charges seriously.

Have Your Charges Reduced or Dismissed

Taking trespass charges seriously means seeking help from a criminal defense attorney as soon as you are charged. We will ask the questions necessary to understand the entire context of your situation and methodically craft a defense that takes all the facts into account. From there, depending on your circumstances, we may be able to have your charges reduced or dismissed.

The fact is, the economic “recovery” has not taken hold for many people. Desperation and fear can lead to bad judgment calls. We understand that mistakes and errors in judgment do not make someone a bad person. We believe that everyone deserves the strongest defense possible for their situation.

If you have been charged with criminal trespass or any property crime in Dover or throughout Delaware, contact our office. We are happy to meet with you for a free consultation.

Sours: https://dover.criminallaw.com/trespassing

TITLE 11

Crimes and Criminal Procedure

Delaware Criminal Code

CHAPTER 5. Specific Offenses

Subchapter III. Offenses Involving Property

Part A

Arson and Related Offenses

§ 801. Arson in the third degree; affirmative defense; class G felony.

(a) A person is guilty of arson in the third degree when the person recklessly damages a building by intentionally starting a fire or causing an explosion.

(b) In any prosecution under this section it is an affirmative defense that no person other than the accused had a possessory or proprietary interest in the building.

Arson in the third degree is a class G felony.

11 Del. C. 1953, §  801;  58 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1; 

§ 802. Arson in the second degree; affirmative defense; class D felony.

(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.

(b) In any prosecution under this section it is an affirmative defense that:

(1) No person other than the accused had a possessory or proprietary interest in the building, or if other persons had such interests, all of them consented to the accused’s conduct; and

(2) The accused’s sole intent was to destroy or damage the building for a lawful purpose; and

(3) The accused had no reasonable ground to believe that the conduct might endanger the life or safety of another person or damage another building.

Arson in the second degree is a class D felony.

11 Del. C. 1953, §  802;  58 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1; 

§ 803. Arson in the first degree; class C felony.

A person is guilty of arson in the first degree when the person intentionally damages a building by starting a fire or causing an explosion and when:

(1) The person knows that another person not an accomplice is present in the building at the time; or

(2) The person knows of circumstances which render the presence of another person not an accomplice therein a reasonable possibility.

Arson in the first degree is a class C felony.

11 Del. C. 1953, §  803;  58 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1; 

§ 804. Reckless burning or exploding; class A misdemeanor.

(a) A person is guilty of reckless burning or exploding when the person intentionally starts a fire or causes an explosion, whether on the person’s own property or on another’s, and thereby recklessly places a building or other real or personal property of another in danger of destruction or damage or places another person in danger of physical injury.

(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.

(2) Where the total amount of pecuniary loss caused by the burning or exploding, when totaled for all victims, is $1,500 or more, such burning or exploding shall be a class G felony.

11 Del. C. 1953, §  804;  58 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 344, §§  1, 2; 

§ 805. Cross or religious symbol burning; class A misdemeanor.

A person is guilty of cross or religious symbol burning when the person burns, or causes to be burned, any cross or other religious symbol, upon any private or public property without the express written consent of the owner of such property and without a minimum of 48 hours advanced notification of the proposed burning to the fire board or call board of the county in which the burning is to take place.

Cross or religious symbol burning is a class A misdemeanor.

69 Del. Laws, c. 106, §  1;  70 Del. Laws, c. 186, §  1; 


§ 811. Criminal mischief; classification of crime; defense.

(a) A person is guilty of criminal mischief when the person intentionally or recklessly:

(1) Damages tangible property of another person; or

(2) Tampers with tangible property of another person so as to endanger person or property; or

(3) Tampers or makes connection with tangible property of a gas, electric, steam or waterworks corporation, telegraph or telephone corporation or other public utility, except that in any prosecution under this subsection it is an affirmative defense that the accused engaged in the conduct charged to constitute an offense for a lawful purpose.

(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.

(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. C. 1953, §  811;  58 Del. Laws, c. 497, §  1;  60 Del. Laws, c. 590, §  6;  65 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 211, §  1;  77 Del. Laws, c. 133, §  14;  77 Del. Laws, c. 350, §  1; 

§ 812. Graffiti and possession of graffiti implements; class G felony; class A misdemeanor; class B misdemeanor.

(a) (1) A person is guilty of the act of graffiti when the person intentionally, knowingly or recklessly draws, paints, etches or makes any significant mark or inscription upon any public or private, real or personal property of another without the permission of the owner.

(2) Graffiti is a class A misdemeanor, unless the property damage caused thereby exceeds $1500, in which case it is a class G felony. 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. The minimum fine and community service hours shall be doubled for a second or subsequent conviction of an act of graffiti. The minimum fine shall also be doubled, and may not be suspended, for a first, second, or subsequent conviction of an act of graffiti which is performed on or along a “Delaware byway,” as defined in § 101 of Title 17.

(b) (1) A person is guilty of possession of graffiti implements when the person possesses any tool, instrument, article, substance, solution or other compound designed or commonly used to etch, paint, cover, draw upon or otherwise place a mark upon a piece of property which that person has no permission or authority to etch, paint, cover, draw upon or otherwise mark, under circumstances evidencing an intent to use the same in order to commit an act of graffiti or damage such property.

(2) Possession of graffiti implements is a class B misdemeanor. 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. The minimum fine and community service hours shall be doubled for a second or subsequent conviction of possession of graffiti implements.

71 Del. Laws, c. 464, §  1;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 68, §  1;  76 Del. Laws, c. 377, §  1;  77 Del. Laws, c. 181, §§  1, 2;  77 Del. Laws, c. 350, §  2; 

§ 813. Theft of property from a cemetery.

A person commits theft of property from a cemetery when, with the intent as prescribed in § 841 of this title, the person exercises control over flowers, burial mounds, mementos or any other property left by its owner in a cemetery for purposes of honoring the dead; provided, however, that this section shall not be applicable to employees of a cemetery who remove property from a grave site pursuant to cemetery regulations. Whoever commits theft of property from a cemetery shall be guilty of a class A misdemeanor.

78 Del. Laws, c. 125, §  1; 


Part B

Criminal Trespass and Burglary

§ 820. Trespassing with intent to peer or peep into a window or door of another; class B misdemeanor.

A person is guilty of trespassing with intent to peer or peep into a window or door of another when the person knowingly enters upon the occupied property or premises of another utilized as a dwelling, with intent to peer or peep into the window or door of such property or premises and who, while on such property or premises, otherwise acts in a manner commonly referred to as “Peeping Tom.” Any person violating this section may be referred by the court to the Delaware Psychiatric Center for examination and for treatment. Justices of the peace shall have concurrent jurisdiction of violations of this section.

Trespassing with intent to peer or peep into a window or door of another is a class B misdemeanor.

11 Del. C. 1953, §  820;  58 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 550, §  1; 


§ 822. Criminal trespass in the second degree; unclassified misdemeanor.

A person is guilty of criminal trespass in the second degree when the person knowingly enters or remains unlawfully in a building or upon real property which is fenced or otherwise enclosed in a manner manifestly designed to exclude intruders.

Criminal trespass in the second degree is an unclassified misdemeanor.

11 Del. C. 1953, §  822;  58 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1; 

§ 823. Criminal trespass in the first degree; class A misdemeanor.

A person is guilty of criminal trespass in the first degree when the person knowingly enters or remains unlawfully in a dwelling or building used to shelter, house, milk, raise, feed, breed, study or exhibit animals.

Criminal trespass in the first degree is a class A misdemeanor.

11 Del. C. 1953, §  823;  58 Del. Laws, c. 497, §  1;  65 Del. Laws, c. 482, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1; 

§ 824. Burglary in the third degree; class F felony.

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.

Burglary in the third degree is a class F felony.

11 Del. C. 1953, §  824;  58 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;  82 Del. Laws, c. 215, § 1; 

§ 825. Burglary in the second degree; class D felony.

(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.

(b) A person is guilty of burglary in the second degree when the person knowingly enters or remains unlawfully in a building with intent to commit a crime therein and where the person is armed with explosives or a deadly weapon or where the person causes physical injury to any other person who is not a participant in the crime.

Burglary in the second degree is class D felony.

(c) [Repealed.]

11 Del. C. 1953, §  825;  58 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 126, §  7;  74 Del. Laws, c. 106, §  4;  74 Del. Laws, c. 345, §  4;  82 Del. Laws, c. 215, § 1; 

§ 826. Burglary in the first degree; class C or B felony.

(a) A person is guilty of burglary in the first degree when the person knowingly enters or remains unlawfully in an occupied dwelling with intent to commit a crime therein.

(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;

(4) Manslaughter;

(5) Rape in any degree;

(6) Kidnapping in the first or second degree;

(c) Burglary in the first degree is a class C felony. 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.

(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.

(g) It is no defense that the accused did not know that the dwelling was occupied at the time of entry.

11 Del. C. 1953, §  826;  58 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 126, §  8;  74 Del. Laws, c. 106, §  5;  74 Del. Laws, c. 345, §  5;  82 Del. Laws, c. 215, § 1; 


§ 827. Multiple offenses.

A person may be convicted both of burglary and of the offense which it was the purpose of the person’s unlawful entry to commit or for an attempt to commit that offense. A person may be convicted both of home invasion burglary first degree and any of the underlying offenses designated in § 826(b) of this title.

11 Del. C. 1953, §  827;  58 Del. Laws, c. 497, §  1;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 252, §  6;  82 Del. Laws, c. 215, § 1;  83 Del. Laws, c. 37, § 6; 

§ 828. Possession of burglar’s tools or instruments facilitating theft; class F felony.

(a) A person is guilty of possession of burglar’s tools or instruments facilitating theft when, under circumstances evidencing an intent to use or knowledge that some other person intends to use the same in the commission of an offense of such character, the person possesses any tool, instrument, or other thing adapted, designed, or commonly used for committing or facilitating:

(1) Offenses involving unlawful entry into or upon premises,

(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

(4) The offense of identity theft, such as a credit card, driver license or other document issued in a name other than the name of the person who possesses the document.

(b) Possession of burglar’s tools or instruments facilitating theft is a class F felony.

11 Del. C. 1953, §  828;  58 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 478, §§  1, 2;  72 Del. Laws, c. 297, §  2;  75 Del. Laws, c. 162, §  1;  82 Del. Laws, c. 215, § 1; 

§ 829. Definitions relating to criminal trespass, burglary and home invasion.

(a) “Burglar’s tool or instruments” includes the term “bump key” which is a type of key used for a specific lock picking technique called lock bumping.

(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.

(c) “Occupied dwelling” means a dwelling, and a person is lawfully present on the property at the time of the offense.

(d) A person “enters” upon premises when the person introduces any body part or any part of any instrument, by whatever means, into or upon the premises.

(e) A person “enters or remains unlawfully” in or upon premises when the person is not licensed or privileged to do so. A person who, regardless of intent, enters or remains upon premises which appear at the time to be open to the public does so with license and privilege unless the person defies a lawful order not to enter or remain, personally communicated by the owner of the premises or another authorized person. 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.

(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.

(g) “Night” means a period between 30 minutes after sunset and 30 minutes before sunrise.

(h) “Premises” include the term “building” as defined in § 222 of this title, and any real property.

(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.

(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.

11 Del. C. 1953, §  829;  58 Del. Laws, c. 497, §  1;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 478, §  3;  76 Del. Laws, c. 267, §  1;  76 Del. Laws, c. 310, §  1;  78 Del. Laws, c. 252, §§  7, 8;  82 Del. Laws, c. 215, § 1; 


Part C

Robbery

§ 831. Robbery in the second degree; class E or D felony.

(a) A person is guilty of robbery in the second degree when, in the course of committing theft, the person uses or threatens the immediate use of force upon another person with intent to:

(1) Prevent or overcome resistance to the taking of the property or to the retention thereof immediately after the taking; or

(2) Compel the owner of the property or another person to deliver up the property or to engage in other conduct which aids in the commission of the theft.

(b) Except as provided in paragraph (d) of this section, robbery second degree is a class E felony.

(c) In addition to its ordinary meaning, the phrase “in the course of committing theft” includes any act which occurs in an attempt to commit theft or in immediate flight after the attempt or commission of the theft.

(d) Robbery in the second degree is a class D felony when, in the course of committing an offense under subsection (a) of this section, the person takes possession of a motor vehicle, and while in possession or control of such vehicle, the person does any of the following:

(1) Commits or attempts to commit a class D or greater felony.

(2) Drives or operates the vehicle in violation of § 4177 of Title 21.

(3) Commits any offense set forth in Chapter 47 of Title 16.

(4) Engages in conduct which causes or creates a substantial risk of physical injury to another person.

(e) Definitions relating to subsection (d) of this section. — (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.

(2) “Motor vehicle” or “vehicle,” means its ordinary meaning and includes any watercraft.

11 Del. C. 1953, §  831;  58 Del. Laws, c. 497, §  1;  65 Del. Laws, c. 517, §  1;  67 Del. Laws, c. 130, §  8;  68 Del. Laws, c. 129, §  4;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 47, §  1;  82 Del. Laws, c. 216, § 1; 

§ 832. Robbery in the first degree; class B felony.

(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

(5) Threatens death upon another.

Robbery in the first degree is a class B felony.

(b) Notwithstanding any provisions of this section or Code to the contrary, any person convicted of robbery in the first degree shall receive a minimum sentence of:

(1) Three years at Level V; or

(2) Five years at Level V, if the conviction was either of the following:

a. 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. 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.

(c) The sentencing provisions of this section apply to attempted robbery in the first degree as well as robbery in the first degree.

11 Del. C. 1953, §  832;  58 Del. Laws, c. 497, §  1;  59 Del. Laws, c. 547, §  6;  60 Del. Laws, c. 240, §§  1, 2;  63 Del. Laws, c. 329, §  1;  67 Del. Laws, c. 130, §§  8, 13;  68 Del. Laws, c. 129, §  5;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 126, §  9;  74 Del. Laws, c. 93, §  1;  74 Del. Laws, c. 106, §  6;  74 Del. Laws, c. 345, §  6;  80 Del. Laws, c. 358, § 1;  82 Del. Laws, c. 216, § 1; 






Part D

Theft and Related Offenses

§ 840. Shoplifting; class G felony; class A misdemeanor.

(a) A person is guilty of shoplifting if, while in a mercantile establishment in which goods, wares or merchandise are displayed for sale, the person:

(1) Removes any such goods, wares or merchandise from the immediate use of display or from any other place within the establishment, with intent to appropriate the same to the use of the person so taking, or to deprive the owner of the use, the value or possession thereof without paying to the owner the value thereof; or

(2) Obtains possession of any goods, wares or merchandise by charging the same to any person without the authority of such person or to a fictitious person with a like intent; or

(3) Conceals any such goods, wares or merchandise with like intent; or

(4) Alters, removes or otherwise disfigures any label, price tag or marking upon any such goods, wares or merchandise with a like intent; or

(5) Transfers any goods, wares or merchandise from a container in which same shall be displayed or packaged to any other container with like intent; or

(6) Uses any instrument whatsoever, credit slips or chose in action to obtain any goods, wares or merchandise with intent to appropriate the same to the use of the person so taking or to deprive the owner of the use, the value or the possession thereof without paying to the owner the value thereof.

(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.

(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.

(d) A merchant, a store supervisor, agent or employee of the merchant 18 years of age or older who detains, or a merchant, a store supervisor, agent or employee of the merchant who causes or provides information leading to the arrest of any person under subsection (a), (b) or (c) of this section, shall not be held civilly or criminally liable for such detention or arrest provided they had, at the time of such detention or arrest, probable cause to believe that the person committed the crime of shoplifting as defined in subsection (a) of this section.

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. When the goods, wares or merchandise shoplifted are of the value of less than $1,500, it is a class A misdemeanor.

11 Del. C. 1953, §  840;  58 Del. Laws, c. 497, §  1;  60 Del. Laws, c. 590, §  1;  61 Del. Laws, c. 35, §  1;  61 Del. Laws, c. 482, §  1;  65 Del. Laws, c. 497, §  2;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 211, §  2;  72 Del. Laws, c. 222, §  1;  77 Del. Laws, c. 133, §  1; 

§ 840A. Use of illegitimate retail sales receipt or Universal Product Code Label.

(a) A person who, with intent to cheat or defraud another, possesses, uses, transfers, makes, alters, counterfeits or reproduces a retail sales receipt or Universal Product Code Label is guilty of an offense under this section.

(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.

73 Del. Laws, c. 31, §  1;  77 Del. Laws, c. 133, §  2; 

§ 841. Theft; class B felony; class D felony; class F felony; class G felony; class A misdemeanor; restitution.

(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. Theft includes the acts described in this section, as well as those described in §§ 841A-846 of this title.

(b) A person is guilty of theft if the person, in any capacity, legally receives, takes, exercises control over or obtains property of another which is the subject of theft, and fraudulently converts same to the person’s own use.

(c) (1) Except where a victim is 62 years of age or older, or an “adult who is impaired” as defined in § 3902(2) of Title 31, or a “person with a disability” as defined in § 3901(a)(2) of Title 12, theft 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.

(2) Where a victim is 62 years of age or older, or an “adult who is impaired” as defined in § 3902(2) of Title 31, or a “person with a disability” as defined in § 3901(a)(2) of Title 12, theft is a class G felony unless the value of the property received, retained or disposed of is $1,500 or more, in which case it is a class F felony.

(3) Notwithstanding paragraphs (c)(1) and (2) of this section:

a. Where the value of the property received, retained or disposed of is more than $50,000 but less than $100,000, theft is a class D felony;

b. Where the value of the property received, retained or disposed of is $100,000 or more, theft is a class B felony.

(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.

11 Del. C. 1953, §  841;  58 Del. Laws, c. 497, §  1;  60 Del. Laws, c. 590, §  2;  65 Del. Laws, c. 497, §  3;  67 Del. Laws, c. 130, §  8;  69 Del. Laws, c. 315, §  1;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 209, §  1;  70 Del. Laws, c. 364, §§  1, 2;  73 Del. Laws, c. 126, §§  10, 11;  76 Del. Laws, c. 98, §  3;  77 Del. Laws, c. 133, §  3;  78 Del. Laws, c. 179, §§  83-91, 371;  78 Del. Laws, c. 353, §§  1, 2; 

§ 841A. Theft of a motor vehicle; class G felony.

(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.

(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. “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.

(c) Theft of a motor vehicle is a class G felony.

75 Del. Laws, c. 290, §  1; 

§ 841B. Theft: Organized retail crime; class A misdemeanor; class E felony.

(a) A person is guilty of “theft: organized retail crime” when the person takes, exercises control over, or obtains retail merchandise of another person intending to deprive that person of it, or receives stolen property in violation of § 851 of this title, in quantities that would not normally be purchased for personal use or consumption, with the intent to appropriate or to resell or reenter the merchandise into commerce.

(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.

(c) In addition to the provisions of § 841(c) and (d) of this title, if a defendant has 2 or more times been convicted of theft: organized retail crime, the offense of theft: organized retail crime is a class E felony.

76 Del. Laws, c. 98, §  4; 

§ 841C. Possession or theft of a prescription form or a pad.

(a) A person in possession of a blank prescription form or pad who is not a practitioner as defined in this section shall be guilty of a class G felony. “Possession” in addition to its ordinary meaning, includes location on or about the defendant’s person, premises, belongings, vehicle or otherwise within the defendant’s reasonable control.

(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.

(1) A “practitioner” means:

a. 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.

b. A pharmacy, hospital or other institution 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.

(2) Theft of a blank prescription form or pad is a class F felony.

77 Del. Laws, c. 161, §  1; 

§ 842. Theft; lost or mislaid property; mistaken delivery.

A person commits theft when, with the intent prescribed in § 841 of this title, the person exercises control over property of another person which the person knows to have been lost or mislaid, or to have been delivered under a mistake as to the identity of the recipient or the nature or value of the property, without taking reasonable measures to return the property to its owner.

11 Del. C. 1953, §  842;  58 Del. Laws, c. 497, §  1;  70 Del. Laws, c. 186, §  1; 

§ 843. Theft; false pretense.

A person commits theft when, with the intent prescribed in § 841 of this title, the person obtains property of another person by intentionally creating or reinforcing a false impression as to a present or past fact, or by preventing the other person from acquiring information which would adversely affect the other person’s judgment of a transaction.

11 Del. C. 1953, §  843;  58 Del. Laws, c. 497, §  1;  70 Del. Laws, c. 186, §  1; 

§ 844. Theft; false promise.

A person commits theft when, with the intent prescribed in § 841 of this title, the person obtains property of another person by means of a representation, express or implied, that the person or a third person will in the future engage in particular conduct, and when the person does not intend to engage in such conduct or, as the case may be, does not believe the third person intends to engage in such conduct. The accused’s 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.

11 Del. C. 1953, §  844;  58 Del. Laws, c. 497, §  1;  70 Del. Laws, c. 186, §  1; 

§ 845. Theft of services.

(a) A person commits theft when, with the intent specified in § 841 of this title, the person obtains services which the person knows are available only for compensation by deception, threat, false token, false representation or statement or by installing, rearranging or tampering with any facility or equipment or by any other trick, contrivance or any other device to avoid payment for the services.

(b) In any prosecution for theft of services where services have been obtained from a public utility by the installation of, rearrangement of or tampering with any facility or equipment owned or used by the public utility to provide such services, without the consent or permission of the public utility, or by any other trick or contrivance, it shall be a rebuttable presumption that the person to whom the services are being furnished has created, caused or knows of the condition which is a violation of this section.

(c) A person who has obtained services from a public utility by installing, rearranging or tampering with any facility or equipment owned or used by the public utility to provide such services, or by any other trick or contrivance, is presumed to have done so with an intent to avoid, or to enable others to avoid, payment for the services involved.

(d) The rebuttable presumptions referred to in subsections (b) and (c) of this section shall not apply to any person to whom such services have been furnished for less than 31 days or until there has been at least 1 meter reading.

11 Del. C. 1953, §  845;  58 Del. Laws, c. 497, §  1;  61 Del. Laws, c. 227, §§  1, 2;  70 Del. Laws, c. 186, §  1; 

§ 846. Extortion; class E felony.

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:

(1) Cause physical injury to anyone; or

(2) Cause damage to property; or

(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 another’s legal claim or defense; or

(7) Use or abuse the defendant’s position as a public servant by performing some act within or related to the defendant’s official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely; or

(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.

Extortion is a class E felony, except where the victim is a person 62 years of age or older, in which case any violation of this section shall be a class D felony.

11 Del. C. 1953, §  846;  58 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 126, §  12; 

§ 847. Theft, extortion; claim of right as an affirmative defense.

(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.

(b) In any prosecution for extortion where the facts are as described in § 846(4) of this title, it is an affirmative defense that the accused believed the threatened criminal charge to be true and that the accused’s sole purpose was to compel or induce the victim to take reasonable action to make good the wrong which was the subject of the threatened charge.

11 Del. C. 1953, §  847;  58 Del. Laws, c. 497, §  1;  70 Del. Laws, c. 186, §  1; 

§ 848. Misapplication of property; class G felony; class A misdemeanor.

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.

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.

11 Del. C. 1953, §  848;  58 Del. Laws, c. 497, §  1;  60 Del. Laws, c. 590, §  3;  65 Del. Laws, c. 497, §  4;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 211, §  4;  77 Del. Laws, c. 133, §  4; 

§ 849. Theft of rented property; class A misdemeanor or class G felony.

(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. For purposes of this section, “property” shall include the use of vehicles or other movable property.

(b) If the finder of fact shall find:

(1) That one who has leased or rented the personal property of another, failed to return or make arrangements acceptable to the rentor (lessor) to return the property to the rentor or the rentor’s agent within 10 days after proper notice, following the expiration of the rental (lease) contract; and/or

(2) That one who has leased or rented the personal property of another and has returned such property, failed to make payment, at the agreed rental rate, for the full period which the property was rented or leased, except when said person has a good faith dispute with the owner of the rental property as to whether any payment, or additional payment, is due to the owner of the rental property; and/or

(3) That the rentee (lessee) presented identification to the rentor which was materially false, fictitious or not current with respect to name, address, place of employment or other appropriate items,

then the finder of fact shall be permitted, but not required, to presume intent to commit theft.

(c) As used in subsection (b) of this section, “proper notice” shall consist of a written demand by the rentor made after the expiration of the rental period mailed by certified or registered mail to the rentee at:

(1) The address the rentee gave when the rental contract was made; or

(2) The rentee’s last known address if later furnished in writing by the rentee or the rentee’s agent.

(d) The reasonable and fair market value of the property obtained shall be utilized in determining the amount involved in the theft.

(e) The following 3 factors, if established by the rentee by a preponderance of the evidence, shall constitute an affirmative defense to prosecution for theft, that the rentee:

(1) Accurately stated the rentee’s name, address and other material items of identification at the time of the rental;

(2) Failed to receive the rentor’s notice personally due in no significant part to the fault of the rentee; and

(3) Returned the personal property to the rentor or the rentor’s agent within 48 hours of the commencement of the prosecution, together with any charges for the overdue period and the value of damages (if any) to the property.

Theft of rented property is a class A misdemeanor, unless the value of the property is $1,500 or more, in which case it is a class G felony.

69 Del. Laws, c. 110, §  1;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 211, §  5;  70 Del. Laws, c. 260, §§  1-3;  77 Del. Laws, c. 133, §  5; 

§ 850. Use, possession, manufacture, distribution and sale of unlawful telecommunication and access devices.

(a) Prohibited acts. — A person is guilty of a violation of this section if the person knowingly:

(1) Manufactures, assembles, distributes, possesses with intent to distribute, transfers, sells, promotes, offers or advertises for sale, use or distribution any unlawful telecommunication device or modifies, alters, programs or reprograms a telecommunication device:

a. For the unauthorized acquisition or theft of any telecommunication service or to receive, disrupt, transmit, decrypt, acquire or facilitate the receipt, disruption, transmission, decryption or acquisition of any telecommunication service without the express consent or express authorization of the telecommunication service provider; or

b. To conceal, or to assist another to conceal from any telecommunication service provider or from any lawful authority, the existence or place of origin or destination, or the originating and receiving telephone numbers, of any telecommunication under circumstances evincing an intent to use the same in the commission of any offense.

(2) Manufacturers, assembles, distributes, possesses with intent to distribute, transfers, sells, offers, promotes or advertises for sale, use or distribution any unlawful access device;

(3) Prepares, distributes, possesses with intent to distribute, sells, gives, transfers, offers, promotes or advertises for sale, use or distribution:

a. Plans or instructions for the manufacture or assembly of an unlawful telecommunication or access or device under circumstances evincing an intent to use or employ the unlawful telecommunication access device, or to allow the unlawful telecommunication or access device to be used, for a purpose prohibited by this section, or knowing or having reason to believe that the unlawful telecommunication or access device is intended to be so used, or that the plan or instruction is intended to be used for the manufacture of assembly of the unlawful telecommunication or access device; or

b. Material, including hardware, cables, tools, data, computer software or other information or equipment, knowing that the purchaser or a third person intends to use the material in the manufacture of an unlawful telecommunication or access device.

(b) Criminal penalties. — (1) Except as provided for in paragraph (b)(2) or (3) of this section, an offense under this section is an unclassified misdemeanor with a sentence up to 1 year incarceration at Level V, and a fine of up to $10,000 for all violations of this section.

(2) A person shall be guilty of a class F felony if:

a. The defendant has been convicted previously under this section or convicted of any similar crime in this or any Federal or other state jurisdiction; or

b. The violation of this section involves at least 10, but not more than 50, unlawful telecommunication or access devices.

(3) A person shall be guilty of a class D felony if:

a. The defendant has been convicted previously on 2 or more occasions for offenses under this section or for any similar crime in this or any federal or other state jurisdiction; or

b. The violation of this section involves more than 50 unlawful telecommunication or access devices.

(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.

(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. 2779).

(6) Separate offenses. — For purposes of all criminal fines established for violations of this section, the prohibited activity established herein as it applies to each unlawful telecommunication or access device shall be deemed a separate offense.

(7) Fines. — 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.

(8) Restitution. — The court shall, in addition to any other sentence authorized by law, sentence a person convicted of violating this section to make restitution in the manner provided in § 4106 of this title.

(9) Forfeiture of unlawful telecommunication or access devices. — 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 defendant’s possession or control which were involved in the violation for which the defendant was convicted.

(c) Venue. — An offense under this section may be deemed to have been committed at either the place where the defendant manufactures or assembles an unlawful telecommunication or access device, or assists others in doing so, or the places where the unlawful telecommunication or access device is sold or delivered to a purchaser or recipient. It shall be no defense to a violation of this section that some of the acts constituting the offense occurred outside of this State.

(d) Civil action. — (1) Any person aggrieved by a violation of this section may bring a civil action in any court of competent jurisdiction.

(2) The court may:

a. Grant preliminary and final injunctions to prevent or restrain violations of this section;

b. At any time while an action is pending, order the impounding, on such terms as it deems reasonable, of any unlawful telecommunication or access device that is in the custody or control of the violator and that the court has reasonable cause to believe was involved in the alleged violation of this section;

c. Award damages as described in paragraph (d)(3) of this section;

d. In its discretion, award reasonable attorney fees and costs, including, but not limited to, costs for investigation, testing and expert witness fees, to an aggrieved party who prevails; and

e. As part of a final judgment or decree finding a violation of this section, order the remedial modification or destruction of any unlawful telecommunication or access device involved in the violation that is in the custody or control of the violator or has been impounded under subsection (b) of this section.

(3) Types of damages recoverable. — Damages awarded by a court under this section shall be computed as either of the following:

a. Upon the complaining party’s election of such damages at any time before final judgment is entered, the complaining party may recover the actual damages suffered by the complaining party as a result of the violation of this section and any profits of the violator that are attributable to the violation and are not taken into account in computing the actual damages. In determining the violator’s profits, the complaining party shall be required to prove only the violator’s gross revenue, and the violator shall be required to prove the violator’s own deductible expenses and the elements of profit attributable to factors other than the violation; or

b. Upon election by the complaining party at any time before final judgment is entered, that party may recover in lieu of actual damages an award of statutory damages of between $250 to $10,000 for each unlawful telecommunication or access device involved in the action, with the amount of statutory damages to be determined by the court as the court considers just. 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.

(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.

(e) Definitions. — As used in this section, the following words and phrases shall have the meanings given to them in this subsection.

(1) “Manufacture or assembly of any unlawful access device”. — 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.

(2) “Manufacture or assembly of unlawful telecommunications device”. — To make, produce or assemble an unlawful telecommunication device or to modify, alter, program or reprogram a telecommunication device to be capable of acquiring, disrupting, receiving, transmitting, decrypting or facilitating the acquisition, disruption, receipt, transmission or decryption of a telecommunication service without the express consent or express authorization of the telecommunication service provider, or to knowingly assist others in those activities.

(3) “Telecommunications device”. — 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.

(4) “Telecommunication service”. — Any service provided for a charge or compensation to facilitate the origination, transmission, emission or reception of signs, signals, data, writing, images and sounds or intelligence of any nature by telephone, including cellular telephones, wire, wireless, radio, electromagnetic, photelectronic or photo-optical system, network, facility or technology; and any service provided by any radio, telephone, fiber optic, cable television, satellite, microwave, data transmission, wireless or Internet-based distribution system, network, facility or technology, including, but not limited to, any and all electronic, data, video, audio, Internet access, telephonic, microwave and radio communications, transmissions, signals and services, and any such communications, transmissions, signals and services provided directly or indirectly by or through any of the aforementioned systems, networks, facilities or technologies.

(5) “Telecommunication service provider”. — a. A person or entity providing a telecommunication service, whether directly or indirectly as a reseller, including, but not limited to, a cellular, paging or other wireless communications company or other person or entity which, for a fee, supplies the facility, cell site, mobile telephone switching office or other equipment or telecommunication service;

b. 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

c. Any person or entity providing any telecommunication service directly or indirectly by or through any such distribution systems, networks or facilities.

(6) “Unlawful access device”. — 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.

(7) “Unlawful telecommunication device”. — Any electronic serial number, mobile identification number, personal identification number or any telecommunication device that is capable of acquiring or facilitating the acquisition of a telecommunication service without the express consent or express authorization of the telecommunication service provider, or that has been altered, modified, programmed or reprogrammed alone or in conjunction with another telecommunication device or other equipment to so acquire or facilitate the unauthorized acquisition of a telecommunication service. “Unlawful telecommunication device” also means:

a. Phones altered to obtain service without the express consent or express authorization of the telecommunication service provider, tumbler phones, counterfeit or clone phones, tumbler microchips, counterfeit or clone microchips, and other instruments capable of disguising their identity or location or of gaining unauthorized access to a telecommunications system, network or facility operated by a telecommunication service provider; and

b. 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.

11 Del. C. 1953, §  850;  58 Del. Laws, c. 497, §  1;  59 Del. Laws, c. 203, §  21;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 475, §  1;  73 Del. Laws, c. 106, §  1; 

§ 851. Receiving stolen property; class G felony; class A misdemeanor.

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.

Receiving stolen property is a class A misdemeanor unless the value of the property received, retained or disposed of is $1,500 or more, or unless the receiver has twice before been convicted of receiving stolen property, in which case it is a class G felony.

11 Del. C. 1953, §  851;  58 Del. Laws, c. 497, §  1;  60 Del. Laws, c. 590, §  4;  65 Del. Laws, c. 497, §  5;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 211, §  6;  77 Del. Laws, c. 133, §  6; 

§ 852. Receiving stolen property; presumption of knowledge.

Knowledge that property has been acquired under circumstances amounting to theft may be presumed in the case of a person who acquires it for a consideration which the person knows is substantially below its reasonable value, or that a person possesses property whose affixed identification or serial number is altered, removed, defaced or falsified. In addition, knowledge that property has been acquired under circumstances amounting to theft shall be presumed in the case of a person or dealer who acquires it for a consideration, when such property consists of traffic signs, other traffic control devices or historical markers and the acquisition is not accompanied by a written authorization for the property’s disposition from the Department of Transportation, Department of State or other entity which owns the property.

11 Del. C. 1953, §  852;  58 Del. Laws, c. 497, §  1;  59 Del. Laws, c. 203, §  27;  67 Del. Laws, c. 238, §  1;  69 Del. Laws, c. 408, §  1;  70 Del. Laws, c. 186, §  1; 

§ 852A. Selling stolen property; class A misdemeanor; class G felony.

A person is guilty of selling stolen property if, after the person receives stolen property pursuant to § 851 of this title, the person sells some or all of the stolen property received. A person may be convicted of both receiving stolen property and selling stolen property. Selling stolen property is a class A misdemeanor, unless the value of the resold property is $1,500 or more, or unless the seller has been convicted 2 or more times of selling stolen property, in which cases it is a class G felony.

76 Del. Laws, c. 147, §  1;  77 Del. Laws, c. 133, §  7; 

§ 853. Unauthorized use of a vehicle; class A misdemeanor.

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 person’s 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

(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 creditor’s 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.

Unauthorized use of a vehicle is a class A misdemeanor.

11 Del. C. 1953, §  853;  58 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  68 Del. Laws, c. 333, §§  1, 2;  70 Del. Laws, c. 186, §  1; 

§ 854. Identity theft; class D felony.

(a) 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 and with intent to use the information to commit or facilitate any crime set forth in this title.

(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.

(c) For the purposes of this section, “personal identifying information” includes name, address, birth date, Social Security number, driver’s 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, mother’s maiden name or similar personal number, record or information.

(d) Identity theft is a class D felony.

(e) When a person is convicted of or pleads guilty to identity theft, the sentencing judge shall order full restitution for monetary loss, including documented loss of wages and reasonable attorney fees, suffered by the victim.

(f) Prosecution under this section does not preclude prosecution or sentencing under any other section of this Code.

72 Del. Laws, c. 297, §  1;  74 Del. Laws, c. 425, §  1;  79 Del. Laws, c. 260, §  7; 

§ 854A. Identity theft passport; application; issuance.

(a) The Office of the Attorney General, in cooperation with any law-enforcement agency, may issue an identity theft passport to a person who is a victim of identity theft in this State and who has filed a police report citing that such person is a victim of a violation of § 854 of this title. A person who has filed with a law-enforcement agency a police report alleging identity theft may apply for an identity theft passport through any law-enforcement agency. The agency shall send a copy of the application and the supporting police report to the Office of the Attorney General. After processing the application and police report, the Office of the Attorney General may issue to the victim an identity theft passport in the form of a card or certificate which may include photo identification.

(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. § 1681a(f)), which must accept the passport as an official notice of a dispute and must include notice of the dispute in all future reports that contain disputed information caused by the identity theft.

(c) Acceptance or rejection of an identity theft passport presented by the victim to a law-enforcement agency or creditor pursuant to paragraph (b)(1) or (2) of this section is at the discretion of the law-enforcement agency or creditor. In making a decision for acceptance or rejection, a law-enforcement agency or creditor may consider the surrounding circumstances and available information regarding the offense of identity theft pertaining to the victim.

(d) An application made with the Office of the Attorney General pursuant to subsection (a) of this section, including any supporting documentation, is confidential criminal justice information, is not a public record, and is specifically exempted from public disclosure under the Freedom of Information Act, Chapter 100 of Title 29. However, the Office of the Attorney General may provide access to applications and supporting documentation filed pursuant to this section to other criminal justice agencies in this or another State.

(e) The Office of the Attorney General shall adopt regulations to implement this section. The regulations must include a procedure by which the Office of the Attorney General is reasonably assured that an identity theft passport applicant has an identity theft claim that is legitimate and adequately substantiated.

75 Del. Laws, c. 338, §  1;  70 Del. Laws, c. 186, §  1; 

§ 855. Theft; indictment and proof.

(a) Every prosecution for theft shall be based upon § 841 of this title.

(b) The defendant may be found guilty of theft if the defendant’s conduct falls within any of the sections defining theft. Proof of any conduct constituting theft is sufficient to support an indictment or information charging theft, provided that the conduct proved is sufficiently related to the conduct charged that the accused is not unfairly surprised by the case the accused must meet.

(c) When theft or any related offense is committed in violation of this title pursuant to 1 scheme or continuous course of conduct, whether from the same or several sources, the conduct may be considered as 1 offense and the value of the property or services aggregated in determining whether the theft is a felony or misdemeanor. For purposes of this subsection, related offenses shall include, but are not limited to, violations of §§ 861, 900 and 903 of this title.

11 Del. C. 1953, §  855;  58 Del. Laws, c. 497, §  1;  66 Del. Laws, c. 251, §  1;  70 Del. Laws, c. 186, §  1; 

§ 856. Theft, receiving stolen property no defense; receiving stolen property, theft no defense; conviction of both offenses.

(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. A person may be convicted of the crime which the person has in fact committed.

(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. A person may be convicted of the crime which the person has in fact committed.

(c) A person may not be convicted of both theft and receiving stolen property, or both theft of a firearm and receiving a stolen firearm, with regard to property appropriated in the same transaction or series of transactions. A person may be charged with the crime the person seems most likely to have committed and may be convicted as provided in subsections (a) and (b) of this section.

11 Del. C. 1953, §  856;  58 Del. Laws, c. 497, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 260, §§  1-3; 

§ 857. Theft and related offenses; definitions.

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.

(2) “Dealer” means a person in the business of buying, selling or lending on the security of goods.

(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.

(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.

(5) “Owner” means a person who has an interest in property which the defendant is not privileged to infringe, as described in paragraph (5) of this section.

(6) “Property” means anything of value except land, and includes things growing on, affixed to or found in land such as topsoil, sand, minerals, gravel and the like, documents although the rights represented thereby have no physical location, contract rights, trade secrets, choses in action and other interests in or claims to admission or transportation tickets, captured or domestic animals, food, drink and electric or other power.

(7) “Property of another person” includes property in which any person other than the defendant has an interest which the defendant is not privileged to infringe, regardless of the fact that the defendant also has an interest in the property and regardless of the fact that the other person might be precluded from civil recovery because the property was used in an unlawful transaction or was subject to forfeiture as contraband. Property in possession of the actor shall not be deemed property of another who has only a security interest therein, even if legal title is in the creditor pursuant to a conditional sales contract or other security agreement.

(8) “Services” include labor, professional service, transportation, telephone, gas, electricity or other public service, accommodation in hotels, restaurants or elsewhere, admission to exhibitions and use of vehicles or other movable property.

(9) “Trade secret” shall mean “trade secret” as defined in § 2001 of Title 6.

11 Del. C. 1953, §  857;  58 Del. Laws, c. 497, §  1;  63 Del. Laws, c. 218, §§  2, 3;  64 Del. Laws, c. 134, §  1; 

§ 858. Unlawful operation of a recording device.

(a) (1) Any person who knowingly operates the audiovisual recording function of any device in a motion picture theater while the motion picture is being exhibited, for the purpose of distributing or transmitting a still photographic image of the motion picture, without the consent of the motion picture theater owner, is guilty of a class B 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.

(b) The term “audiovisual recording function” means the capability of a device to record or transmit a motion picture or any part thereof by means of any technology now known or later developed.

(c) The term “motion picture theater” means a movie theater, screening room, or other public venue that is being utilized primarily for the exhibition of a motion picture at the time of the offense.

(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.

(e) A motion picture theater owner, a supervisor, agent or employee, 18 years of age or older who detains a person pursuant to subsection (d) of this section, or who causes or provides information leading to the arrest of any person under subsection (a) of this section, shall not be held civilly or criminally liable for such detention or arrest provided they had, at the time of such detention or arrest, probable cause to believe that the person committed a crime defined in subsection (a) of this section.

(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.

(g) This section does not prevent any lawfully authorized investigative, law-enforcement protective, or intelligence gathering employee or agent, of the local, state or federal government, from operating any audiovisual recording device in a motion picture theater, as part of lawfully authorized investigative, protective, law-enforcement, or intelligence-gathering activities.

75 Del. Laws, c. 316, §  1; 

§ 859. Larceny of livestock; penalty.

(a) Whoever feloniously steals, takes and carries away any cow, steer, bull, calf, heifer or swine is guilty of larceny and a class G felony.

(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.

11 Del. C. 1953, §  859;  59 Del. Laws, c. 60, §  1;  67 Del. Laws, c. 130, §  8;  67 Del. Laws, c. 350, §  7;  70 Del. Laws, c. 186, §  1; 

§ 860. Possession of shoplifter’s tools or instruments facilitating theft; class F felony.

(a) A person is guilty of possession of shoplifter’s tools or instruments facilitating theft when the person possesses any tool, instrument or other thing adapted, designed or commonly used for committing or facilitating:

(1) Offenses involving shoplifting; or

(2) Offenses involving the overriding, disabling or evading of a security device without authorization.

(3) [Deleted.]

(b) “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 shoplift any goods, wares or merchandise that are displayed for sale. “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.

(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.

(d) Possession of shoplifters tools or instruments facilitating theft is a class F felony.

72 Del. Laws, c. 222, §  2;  75 Del. Laws, c. 162, §  2; 

Part E

Forgery and Related Offenses

§ 861. Forgery; class F felony; class G felony; class A misdemeanor; restitution required.

(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 person’s 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

(3) Possesses a written instrument, knowing that it was made, completed or altered under circumstances constituting forgery.

(b) Forgery is classified and punished as follows:

(1) Forgery is forgery in the first degree if the written instrument is or purports to be:

a. Part of an issue of money, stamps, securities or other valuable instruments issued by a government or a governmental instrumentality; or

b. 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.

Forgery in the first degree is a class F felony.

(2) Forgery is forgery in the second degree if the written instrument is or purports to be:

a. A deed, will, codicil, contract, release, assignment, commercial instrument, check or other instrument which does or may evidence, create, transfer, terminate or otherwise affect a legal right, interest, obligation or status; or

b. A public record, or an instrument filed or required to be filed in or with a public office or public servant; or

c. A written instrument officially issued or created by a public office, public servant or governmental instrumentality; or

d. Part of an issue of tokens, tickets, public transportation transfers, certificates or other articles manufactured and designed for use as symbols of value usable in place of money for the purchase of property or services; or

e. A prescription of a duly licensed physician or other person authorized to issue the same for any drug or any instrument or device for which a prescription is required by law.

Forgery in the second degree is a class G felony.

(3) All other forgery is forgery in the third degree, a class A misdemeanor.

(c) In addition to any other penalty provided by law for violation of this section, the court shall require a person convicted of a violation of this section to make restitution to the party or parties who suffered loss as a result of such forgery.

11 Del. C. 1953, §  861;  58 Del. Laws, c. 497, §  1;  62 Del. Laws, c. 241, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1; 

§ 862. Possession of forgery devices; class G felony.

A person is guilty of possession of forgery devices when:

(1) The person makes or possesses with knowledge of its character and intending to use it unlawfully any plate, die or other device, apparatus, equipment or article specifically designed for use in counterfeiting or otherwise forging written instruments; or

(2) The person makes or possesses any device, apparatus, equipment or article capable of or adaptable to use for purposes of forgery, intending to use it unlawfully.

Possession of forgery devices is a class G felony.

11 Del. C. 1953, §  862;  58 Del. Laws, c. 497, §  1;  59 Del. Laws, c. 203, §  22;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1; 

§ 863. Forgery and related offenses; definition.

“Written instrument” means any instrument or article containing written or printed matter or the equivalent thereof, used for the purpose of reciting, embodying, conveying or recording information or constituting a symbol or evidence of value, right, privilege or identification.

11 Del. C. 1953, §  863;  58 Del. Laws, c. 497, §  1; 


Part F

Offenses Involving Falsification of Records

§ 871. Falsifying business records; class A misdemeanor.

(a) For purposes of this section, “medical record” means a record that pertains to a person’s medical history, evaluations, tests, diagnoses, prognoses, laboratory reports, medical imaging, treatments, prescriptions, or any other information used in assessing a person’s physical, mental, or emotional condition.

(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) Creates or causes to be created any false medical record.

(c) Falsifying business records is a class A misdemeanor.

11 Del. C. 1953, §  871;  58 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;  81 Del. Laws, c. 275, § 1; 

§ 872. Falsifying business records; defense.

In any prosecution for falsifying business records it is an affirmative defense that the defendant was a clerk, bookkeeper or other employee who, without personal benefit, merely executed the orders of the employer or of a superior officer or employee generally authorized to direct the defendant’s activities.

11 Del. C. 1953, §  872;  58 Del. Laws, c. 497, §  1;  70 Del. Laws, c. 186, §  1; 

§ 873. Tampering with public records in the second degree; class A misdemeanor.

A person is guilty of tampering with public records in the second degree when, knowing that the person does not have the authority of anyone entitled to grant it, the person knowingly removes, mutilates, destroys, conceals, makes a false entry in or falsely alters any record or other written instrument filed with, deposited in or otherwise constituting a record of a public office or public servant.

Tampering with public records in the second degree is a class A misdemeanor.

11 Del. C. 1953, §  873;  58 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1; 


§ 876. Tampering with public records in the first degree; class E felony.

A person is guilty of tampering with public records in the first degree when, with intent to defraud, and knowing that the person does not have the authority of anyone entitled to grant it, the person knowingly removes, mutilates, destroys, conceals, makes a false entry in or falsely alters any record or other written instrument filed with, deposited in or otherwise constituting a record of a public office or public servant.

Tampering with public records in the first degree is a class E felony.

11 Del. C. 1953, §  876;  58 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1; 

§ 877. Offering a false instrument for filing; class A misdemeanor.

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.

Offering a false instrument for filing is a class A misdemeanor.

11 Del. C. 1953, §  877;  58 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1; 

§ 878. Issuing a false certificate; class G felony.

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.

Issuing a false certificate is a class G felony.

11 Del. C. 1953, §  878;  58 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1; 


Part G

Bribery Not Involving Public Servants

§ 881. Bribery; class A misdemeanor.

A person is guilty of bribing when:

(1) The person offers, confers or agrees to confer any benefit upon any employee, agent or fiduciary without the consent of the latter’s employer or principal, with intent to influence the latter to take some action with regard to the latter’s employer’s or principal’s affairs which would not be warranted upon reasonable consideration of the factors which that person should have taken into account; or

(2) The person offers, confers or agrees to confer any benefit upon duly appointed representative of a labor organization or duly appointed trustee or representative of an employee welfare trust fund, with intent to influence the latter in respect to any of that person’s acts, decisions or duties as a representative or trustee; or

(3) The person offers, confers or agrees to confer any benefit upon a participant in a sports contest, with intent to influence that the participant not to give the best effort in a sports contest; or

(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.

Bribing is a class A misdemeanor.

11 Del. C. 1953, §  881;  58 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1; 

§ 882. Bribe receiving; class A misdemeanor.

A person is guilty of bribe receiving if:

Sours: https://delcode.delaware.gov/title11/c005/sc03/index.html
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Search Tips:

Plural alternatives: criminal (criminals), criminal (criminals), trespass (trespasses)

Similar words:

criminal: criminality, criminally, criminals

criminal: criminality, criminally, criminals

trespass: trespasses, trespassing, trespassory

Synonyms in this publication:

criminal: actionable, bad, base, chargeable, contraband, convict, culpable, delinquent, depraved, deviant, evil, felon, felonious, fraudulent, fugitive, guilty, hood, illegal, illegitimate, illicit, immoral, impermissible, improper, inappropriate, indictable, indirect, infamous, involved, irregular, low, offender, punishable, rank, shameful, suspicious, terrorist, thief, triable, unauthorized, unconstitutional, undue, unfit, unlawful, unofficial, unwarranted, vile, wicked, wrong, wrongdoing, wrongful

criminal: actionable, bad, base, chargeable, contraband, convict, culpable, delinquent, depraved, deviant, evil, felon, felonious, fraudulent, fugitive, guilty, hood, illegal, illegitimate, illicit, immoral, impermissible, improper, inappropriate, indictable, indirect, infamous, involved, irregular, low, offender, punishable, rank, shameful, suspicious, terrorist, thief, triable, unauthorized, unconstitutional, undue, unfit, unlawful, unofficial, unwarranted, vile, wicked, wrong, wrongdoing, wrongful

trespass: adopt, adoption, appropriate, appropriation, assume, assumption, breach, break, breaking, crime, delinquency, deviate, enter, entrance, error, evil, failure, fault, felony, impose, imposition, infiltration, infraction, infringe, injection, injury, injustice, interfere, interference, interruption, intervene, intervention, intrusion, invasion, malfeasance, misdemeanor, offense, omission, outrage, pierce, probe, seize, seizure, tort, trespassing, violate, violation, wrong

These words have practice notes in the legal dictionary: criminal, trespass

  

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Sours: http://www.easylawlookup.com/Delaware-Law/Title-11-Crimes-and-Criminal-Procedure/Criminal-Criminal-Trespass/PA*/1/_easylookup.blp?&grp_reset=on&go=search&ret_sz=50&sdata_=title11&data=title11&site=easy&stype=p&sterm=criminal+criminal+trespass&smode=and&sexact=off&cont=0
Man Catches Officer Trespassing and Orders Him to Leave

In Delaware it is a crime to be on or inside a property without permission. This crime is called trespassing and there are several levels of trespassing charges in Delaware. If you have been arrested for trespassing or criminal trespassing in Delaware, you should speak to a skilled and experienced Trespassing Defense Attorney.

Delaware Criminal Trespassing Laws

§ 821. Criminal trespass in the third degree; a violation.

A person is guilty of criminal trespass in the third degree when the person knowingly enters or remains unlawfully upon real property.

Criminal trespass in the third degree is a violation.

§ 822. Criminal trespass in the second degree; unclassified misdemeanor.

A person is guilty of criminal trespass in the second degree when the person knowingly enters or remains unlawfully in a building or upon real property which is fenced or otherwise enclosed in a manner manifestly designed to exclude intruders.

Criminal trespass in the second degree is an unclassified misdemeanor.

Trespassing Defense Attorneys | Wilmington | Newark Delaware (DE)

§ 823. Criminal trespass in the first degree; class A misdemeanor.

A person is guilty of criminal trespass in the first degree when the person knowingly enters or remains unlawfully in a dwelling or building used to shelter, house, milk, raise, feed, breed, study or exhibit animals.

Criminal trespass in the first degree is a class A misdemeanor.

Sours: https://www.rahaimandsaints.com/criminal-defense/trespassing/

Trespassing laws delaware

Delaware: Fast Facts on Trespassing

  • Trespass Law Covers: Buildings, dwellings, land.
  • Crime Class: Misdemeanor
  • Fencing Required?: Yes.
  • Signage Required?: No.
  • Verbal Notice Required?: No.
Delaware flag

Delaware Trespassing Law Overview

Delaware is a state with fairly straightforward laws on trespassing, and just a couple of exceptions.

They make room in a special statute for trespassing with the purposes of peeping or peering into someone’s house, AKA being a Peeping Tom, and also reserve the harshest penalty schedule for those who trespass into buildings or onto premises reserved for the housing and rearing of animals.

Aside from those two minor deviations, you will find Delaware’s trespass laws short, easy to follow, and lacking in any murky language or hidden meanings which is definitely to the state’s credit. We will list and discuss all of the relevant passages in the state statutes below.

Relevant Delaware State Statutes

  • Title 11 Section 820
  • Title 11 Section 821
  • Title 11 Section 822
  • Title 11 Section 823
  • Title 11 Section 829

We will begin at the very beginning with the definitions. Every state should provide their own definitions for the language used in their laws contained within the statutes.

It is vital that you, as a well-informed citizen, read and understand those definitions so that you may gain a full and clear understanding of what the statutes actually say.

You might be surprised to find hidden or double meanings contained within otherwise easy-to-understand words that can change entire passages, even entire sections of the law.

Delaware’s definitions are actually at the end of the section that covers trespassing laws, section 829:

Section 829 Definitions relating to criminal trespass, burglary and home invasion.

(a) “Burglar’s tool or instruments” includes the term “bump key” which is a type of key used for a specific lock picking technique called lock bumping.

(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.

(c) “Occupied dwelling” means a dwelling, and a person is lawfully present on the property at the time of the offense.

(d) A person “enters” upon premises when the person introduces any body part or any part of any instrument, by whatever means, into or upon the premises.

(e) A person “enters or remains unlawfully” in or upon premises when the person is not licensed or privileged to do so. A person who, regardless of intent, enters or remains upon premises which appear at the time to be open to the public does so with license and privilege unless the person defies a lawful order not to enter or remain, personally communicated by the owner of the premises or another authorized person. 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.

(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.

(g) “Night” means a period between 30 minutes after sunset and 30 minutes before sunrise.

(h) “Premises” include the term “building” as defined in § 222 of this title, and any real property.

(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.

(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.

According to the above statute, . A dwelling is occupied when any person is lawfully inside it at the time an offense occurs against it.

Delaware makes it clear that entering or remaining upon a premise unlawfully entails any given part of their body in or on the premises in question. The trespasser does not have to bodily enter it entirely in order to trespass.

Of importance, premises is defined as any building and also any real property; that means land, even unimproved land, is included in the definition.

Premises also includes any definitions found in Section 222 elsewhere in the state statutes, but since they are unrelated to trespassing in particular I will omit them.

Delaware is another state which also defines night as the period beginning 30 minutes after sunset and ending 30 minutes before sunrise, independent of any particular time shown on the clock.

Moving swiftly along we will look at the section which covers trespassing with intent to peer or peep into the window or door of another. Quite a mouthful for a section of law which codifies that being a Peeping Tom is illegal, and what the penalty is for doing so:

Section 820 Trespassing with intent to peer or peep into a window or door of another.

A person is guilty of trespassing with intent to peer or peep into a window or door of another when the person knowingly enters upon the occupied property or premises of another utilized as a dwelling, with intent to peer or peep into the window or door of such property or premises and who, while on such property or premises, otherwise acts in a manner commonly referred to as “Peeping Tom.” Any person violating this section may be referred by the court to the Delaware Psychiatric Center for examination and for treatment. Justices of the peace shall have concurrent jurisdiction of violations of this section.

Trespassing with intent to peer or peep into a window or door of another is a class B misdemeanor.

So, this is somewhat icky to talk about, but there are no two ways about. and will furthermore see that person referred the Delaware Psychiatric Center for evaluation and potentially for treatment.

I don’t know why Delaware saw fit to include an entire section of the statutes just for the addressing of Peeping Toms, and I don’t think I want to know, but I’m glad that those laws are on the books.

Moving on to more respectable forms of trespassing we come to Section 821 which covers criminal trespassing in the third degree. This category of trespassing is notable for not being a misdemeanor, merely a violation. Details below:

Section 821 Criminal trespass in the third degree.

A person is guilty of criminal trespass in the third degree when the person knowingly enters or remains unlawfully upon real property.

Criminal trespass in the third degree is a violation.

That is a blink-and-you’ll-miss-it statute, as many of them are in the state of Delaware covering trespassing. If someone trespasses upon any property knowingly absent any other prohibitions they’re committing criminal trespass in the third degree.

The next section, 822, covers criminal trespass in the second degree, an unclassified misdemeanor and is equally as short as the previous section:

Section 822 Criminal trespass in the second degree.

A person is guilty of criminal trespass in the second degree when the person knowingly enters or remains unlawfully in a building or upon real property which is fenced or otherwise enclosed in a manner manifestly designed to exclude intruders.

Criminal trespass in the second degree is an unclassified misdemeanor.

Again, short and sweet and not many differences from criminal trespass in the third degree except one important factor: If someone knowingly trespasses on any property which is fenced or otherwise enclosed, say with a wall or something similar that is designed to keep out intruders and unauthorized personnel, they are now guilty of trespass in the second degree.

The presence of the obstruction designed to keep out accidental or casual trespassers is the factor that graduates simple trespassing to a proper misdemeanor.

The next section covers Delaware’s highest grade of trespassing, which is criminal trespass in the first degree.

It is a very specific kind of trespassing, but also a Class A misdemeanor, which can get you a significant fine and a lengthy stay in jail. Section 823 has the details:

Section 823 Criminal trespass in the first degree.

A person is guilty of criminal trespass in the first degree when the person knowingly enters or remains unlawfully in a dwelling or building used to shelter, house, milk, raise, feed, breed, study or exhibit animals.

Criminal trespass in the first degree is a class A misdemeanor.

Short and a little odd, seemingly. Apparently the only way to commit trespassing in the first degree in the state of Delaware is to trespass specifically in a dwelling or building used for the sheltering, raising, etc. of animals.

So a farm structure like a barn or something similar that is designed to house animals are some obvious buildings where this will be applicable, as is something like a zoo structure or dormitory.

As I mentioned above, laugh about it all you want but doing so will get you a serious misdemeanor charge.

Conclusion

Besides a couple of oddball exceptions for voyeurism and peeping as well as illegally entering buildings that house animals, Delaware’s trespassing laws are straightforward, short and exceedingly easy to understand. Both the statutes and the definitions contain no surprises.

So long as you do not flagrantly trespass on someone’s property, you should never have to worry about getting tagged with a trespassing charge in Delaware.

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Tom Marlowe

Tom Marlowe

Tom Marlowe practically grew up with a gun in his hand, and has held all kinds of jobs in the gun industry: range safety, sales, instruction and consulting, Tom has the experience to help civilian shooters figure out what will work best for them.

Sours: https://www.survivalsullivan.com/delaware-trespassing-laws/
What Is Criminal Trespassing

2016 Delaware Code
Title 11 - Crimes and Criminal Procedure
CHAPTER 5. SPECIFIC OFFENSES
Subchapter III Offenses Involving Property
§ 822. Criminal trespass in the second degree; unclassified misdemeanor.

11 DE Code § 822 (2016) What's This?

A person is guilty of criminal trespass in the second degree when the person knowingly enters or remains unlawfully in a building or upon real property which is fenced or otherwise enclosed in a manner manifestly designed to exclude intruders.

Criminal trespass in the second degree is an unclassified misdemeanor.

11 Del. C. 1953, § 822; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;

Disclaimer: These codes may not be the most recent version. Delaware may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

Sours: https://law.justia.com/codes/delaware/2016/title-11/chapter-5/subchapter-iii/section-822

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