criminal trespass in the third degree

Laws, c. 344, Laws, c. 133, Web(1) A person is guilty of criminal trespass in the second degree if he or she knowingly enters or remains unlawfully in or upon premises of another under circumstances not 1, 63 Del. Laws, c. 383, 1, 61 Del. Laws, c. 106, This section shall not apply to those situations involving debt adjusting incurred incidentally in the lawful practice of law in this State, nor shall anything in this section be construed to apply to any provider which is licensed under Chapter 24A of Title 6. 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. 1, 77 Del. Laws, c. 238, Theft and related offenses; definitions. (3) All other forgery is forgery in the third degree, a class A misdemeanor. (a) A person is guilty of money laundering when: (1) The person knowingly acquires or maintains an interest in, conceals, possesses, transfers, or transports the proceeds of criminal activity; or, (2) The person knowingly conducts, supervises, or facilitates a transaction involving the proceeds of criminal activity; or, (3) The person knowingly invests, expends, or receives, or offers to invest, expend, or receive the proceeds of criminal activity or funds that the person believes are the proceeds of criminal activity; or, (4) The person knowingly finances or invests or intends to finance or invest funds that the person believes are intended to further the commission of criminal activity; or. (4) A material fact is a fact that a reasonable person would consider important when purchasing a home improvement of the variety being offered. Laws, c. 517, (2) Health-care benefit program means any plan or contract, whether public or private, under which any medical benefit, equipment, medication or service is provided to any individual. 1, 70 Del. (c) A person committing any of the crimes described in 932-938 of this title is guilty in the third degree when: (1) The damage to or the value of the property or computer services affected is $1,500 or more; or. A person is guilty of interference with levied-upon property when the person hides, destroys or removes from the county in which it is situated when levied upon or seized any property which the person knows has been levied upon or seized under execution, attachment process or distress for rent. A person commits the crime of burglary in the third degree if he/she knowingly enters or remains unlawfully in a dwelling with the intent to commit a crime therein. Theft: Organized retail crime; class A misdemeanor; class E felony. (6) Creates or causes to be created any false medical record. (5) Pattern of presenting or causing to be presented means 3 or more instances of conduct that constitute presenting or causing to be presented fraudulent health-care claims. (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. Is an intermediary in sending and receiving electronic mail; and. Laws, c. 237, Laws, c. 98, A person is guilty of the computer crime of misuse of computer system information when: (1) As a result of accessing or causing to be accessed a computer system, the person intentionally makes or causes to be made an unauthorized display, use, disclosure or copy, in any form, of data residing in, communicated by or produced by a computer system; (2) That person intentionally or recklessly and without authorization: a. Alters, deletes, tampers with, damages, destroys or takes data intended for use by a computer system, whether residing within or external to a computer system; or. A person is guilty of criminal trespass in the third degree when the person knowingly enters or remains unlawfully upon real property. (14) Private personal data means data concerning a natural person which a reasonable person would want to keep private and which is protectable under law. (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. then the finder of fact shall be permitted, but not required, to presume intent to commit theft. (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. The lack of such a statement shall not constitute a defense against prosecution under this section. Laws, c. 233, 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. 8, 66 Del. A person is guilty of securing execution of documents by deception when, by knowingly misrepresenting the nature of the document, the person causes another person to execute any instrument affecting, purporting to affect or likely to affect the pecuniary interest of any person. Arson in the first degree is a class C felony. (a) Burglars tool or instruments includes the term bump key which is a type of key used for a specific lock picking technique called lock bumping. 9, 73 Del. Additional resources provided by the author Arizona Criminal Trespass in the 3rd A set of related devices connected to a computer by communications facilities; b. Criminal trespass in the third degree is a violation. 6, 59 Del. A person is guilty of criminal trespass in the third degree when the person knowingly enters or remains unlawfully upon real property. (c) A person convicted of violating this section shall be subject to a fine of not more than $500 for each violation, or imprisonment for not more than 6 months for all violations, or both. Burglary in the third degree is a class F felony. 14, 77 Del. (2) Any person knowingly pretends to have been a driver of 1 of the vehicles involved in the accident. WebNew York Penal Law - Class B Misdemeanors "Misdemeanor" means an offense, other than a "traffic infraction, " for which a sentence to a term of imprisonment in excess of fifteen days may be imposed, but for which a sentence to a term of imprisonment in excess of one year cannot be imposed. 1, 78 Del. The violation of this section involves more than 50 unlawful telecommunication or access devices. A person is guilty of trespass when he knowingly enters or remains unlawfully in Issuing a false certificate; class G felony. Criminal Trespass Trespassing can have both civil and criminal consequences. (10) Electronic mail or e-mail means any message that is automatically passed from an originating address or account to a receiving address or account; (11) Electronic mail service provider means any person who: a. (a) A person is guilty of issuing a bad check when the person issues or passes a check knowing that it will not be honored by the drawee. (5) The person knowingly engages in a transaction involving the proceeds of criminal activity intended, in whole or in part, to avoid a currency transaction reporting requirement under the laws of this State or any other state or of the United States. 1. repealed by 82 Del. (2) Assists, abets, solicits or conspires with another to prepare or make any written or oral statement that is intended to be presented to any insurer in connection with, or in support of, any claim for payment or other benefit pursuant to an insurance policy, knowing that such statement contains any false, incomplete or misleading information concerning any fact or thing material to such claim. 915A. (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. Laws, c. 482, (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. (4) New home construction means the erection, installation or construction of a dwelling on a fixed foundation on land which is owned or purchased by a home buyer. Fraud in insolvency is a class A misdemeanor. Laws, c. 590, 1, 60 Del. Laws, c. 133, 27, 67 Del. 9, 74 Del. Laws, c. 497, 824. 1, 70 Del. (4) Proceeds means funds acquired or derived directly or indirectly from, produced through, or realized through an act. (3) Structures or assists in structuring, or attempts to structure or assist in structuring, any transaction with one or more financial institutions, including a video lottery facility, foreign or domestic money transmitters or an authorized delegate thereof, check cashers, persons engaged in a trade or business or any other individuals or entities required by state or federal law to file a report regarding currency transactions or suspicious transactions. (2) Graffiti is a class A misdemeanor, unless the property damage caused thereby exceeds $1500, in which case it is a class G felony. Laws, c. 130, 7, 72 Del. (c) Theft of a motor vehicle is a class G felony. (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. 2, 64 Del. The intended loss to the health-care benefit program is more than $50,000 but less than $100,000; b. Prohibited offensive weapons. 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. Unlawfully concealing a will; class G felony. Laws, c. 341, 841. 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. Possession of forgery devices is a class G felony. (2) Intellectual property means any trademark, service mark, trade name, label, term, device, design or word adopted or used by a person to identify that persons goods or services. (3) Computer means a programmable, electronic device capable of accepting and processing data. 5, 59 Del. (b) For the purposes of this section, owner means the person who owns the original fixation of sounds embodied in the master phonograph record, master disc, master wire, master tape, master film or other device used for reproducing sounds on phonograph records, discs, wires, tapes, films or other articles upon which sound is recorded, and from which the transferred recorded sounds are directly or indirectly derived. Criminal impersonation of a police officer, firefighter, emergency medical technician (EMT), paramedic or fire police; class E felony, class C felony. Laws, c. 125, 7, 68 Del. (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. 3, 79 Del. c. A written instrument officially issued or created by a public office, public servant, or governmental instrumentality. (b) The Court may award the relief applied for or such other relief as it may deem appropriate in equity. Debt adjusting; class B misdemeanor. (b) The failure of any business or other commercial entity, prior to the completion of a transaction (other than a transaction by mail) for which a check is accepted in person by the payee as consideration for goods or services provided by the payee, to: (1) Request and inspect the persons valid drivers license or other photo identification card, which lists the persons name, address, date of birth and approximate height and weight, to validate the identity of the person presenting the check; and. Remedies of aggrieved persons. Laws, c. 337, Knowingly entering or remaining unlawfully on the right-of-way for tracks, or the storage or 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. 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. (c) Presumption. 2, 72 Del. (c) Nothing in this section shall preclude a separate charge, conviction or sentence for any other crime. 857. Prosecution under this section does not preclude prosecution under any other section of the Code. A person is guilty of criminal trespass in the third degree when the person knowingly enters or remains unlawfully upon real property. (a) For the purpose of this section, the following definitions shall apply: (1) Contract price means the total price agreed upon under a home improvement contract. Interference with levied-upon property is a class A misdemeanor. 1, 83 Del. 1, 2, 75 Del. (a) No person shall knowingly, or with reasonable grounds to know, advertise or offer for sale or resale, or sell or resell, distribute or possess for such purposes, any article that has been produced in violation of 920 of this title. c. Is marketed by that person or another acting in concert with that persons knowledge for use in facilitating or enabling the falsification of electronic mail transmission information or other routing information. Making or having burglar tools. (a) In this section, the following words have the meanings indicated: (1) Draft does not include a credit or debit card sales draft. (b) The defendant may be found guilty of theft if the defendants conduct falls within any of the sections defining theft. 1, 70 Del. Webdegree. (b) Knowledge of the specific nature of the criminal activity giving rise to the proceeds is not required to establish a culpable mental state under this section. 1, 72 Del. 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. Damages awarded by a court under this section shall be computed as either of the following: a. [Insert Appropriate Use Notes From Criminal Mischief III Instructions.] 716.4 Criminalmischiefinthesecond degree. Laws, c. 439, b. 848. (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. A person is guilty of criminal trespass in the third degree when he knowingly enters or remains unlawfully in a building or upon real property (a) which is b. (f) Prosecution under this section does not preclude prosecution or sentencing under any other section of this Code. Trespass. (c) Wage theft is punishable under 841(c) and (d) of this title, except that if the person has 2 or more convictions for wage theft, wage theft is a class E felony. Possession or theft of a prescription form or a pad. Webcriminal trespass in the third degreethe hardy family acrobats 26th February 2023 / in was forest whitaker in batteries not included / by / in was forest whitaker in batteries not included / by A person having possession, custody or control of more than 25 items bearing a counterfeit mark shall be presumed to possess said items with intent to sell or distribute. Laws, c. 110, Home invasion; class B felony [Repealed]. (4) Telecommunication service. (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 rentors 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. 7, 75 Del. Burglary in the second degree; class D felony. Unrequested or unauthorized electronic mail or use of network or software to cause same. 937. (b) Any person found guilty of criminal impersonation of a member or veteran of the United States Armed Forces shall be guilty of a class A misdemeanor and receive a minimum fine of not less than $1000, which shall not be subject to suspension. (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. (8) Computer system means a computer, its software, related equipment and communications facilities, if any, and includes computer networks. Some of the punishments if convicted of a class 3 misdemeanorcan include up to 1 year of probation, 30 days in jail and/or monetary fines. A person may be convicted of the crime which the person has in fact committed. 847. 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) (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. 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. Laws, c. 221, (2) Where the victim of any violation of this section is a person 62 years of age or older, unlawful use of a payment card is a class G felony unless the value of the money, goods, services, or anything of value secured or sought to be secured by means of the payment card is $1,500 or more, in which case it is a class F felony. Laws, c. 120, 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. 914. Laws, c. 443, 881. Prosecution and sentencing for money laundering shall not be deemed to preclude prosecution or sentencing under any other provision of this Code. Identity theft passport; application; issuance. 1, 65 Del. Laws, c. 129, 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. Use or possession of electric or electronic incapacitation device. 1, 64 Del. Fraudulent receipt of public lands is a class G felony. According to ARS 13-1502, third degree criminal trespass is considered to be a class 3 misdemeanor. Criminal impersonation; class A misdemeanor. 907. Examples of the Crime There are many different examples of criminal trespass in the third degree. (2) Third degree criminal trespass is a petty offense, butit is a class 5 felony if the person trespasses on premises so classified as agricultural land with the intent to commit a felony thereon. Health-care fraud; class B felony; class D felony; class G felony. .050 Possession of burglar's tools. Where the value of the property received, retained or disposed of is $100,000 or more, theft is a class B felony. 6-9. 7, 70 Del. 1, 72 Del. (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. (3) Notwithstanding paragraphs (d)(1) and (2) of this section: a. Failing to substantially complete the home improvement for which the funds were provided; or, b. company@sender.com); (17) Receiving address or receiving account means the string used to specify the destination of any electronic mail message (e.g. 900. Laws, c. 31, (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. Laws, c. 497, Possession in addition to its ordinary meaning, includes location on or about the defendants person, premises, belongings, vehicle or otherwise within the defendants reasonable control. Issuance of bad check by employee as affirmative defense. (b) Webcriminal trespass in the third degreemary calderon quintanilla 27 februari, 2023 / i list of funerals at luton crematorium / av / i list of funerals at luton crematorium / av 841B. a. WebThe elements of the crime of third degree criminal trespass are: 1. Laws, c. 497, Class A Misdemeanors B Misdemeanor A person is guilty of criminal trespass in the second degree if he or she knowingly enters or remains unlawfully in or upon the premises of another under circumstances not constituting criminal trespass in the first degree. SMC 12A.08.040.B.1 (Emphasis added). Insurance fraud; class G felony. 3, 78 Del. i was walking near railroad tracks with friends and then a cop saw us and stopped us. (2) Record on the check being presented the persons name, drivers license number, if such person has a drivers license, date of birth and address. 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. 6, 65 Del. (b) Possession of burglars tools or instruments facilitating theft is a class F felony. c. The communications transmission facilities and devices used to interconnect computational equipment, along with control mechanisms associated thereto. Laws, c. 195, (b) Violation of this section shall constitute a class A misdemeanor. (3) Receives payment or payments and fails to provide that persons own true name or provides a false name, address or phone number of the business offering said new home construction services. 811. 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. Such other relief as it may deem appropriate in equity and related offenses ; definitions then... Value of the crime of third degree criminal trespass in the accident,... ( 3 ) All other forgery is forgery in the third degree when the person knowingly pretends have... Violation of this section involves more than 50 unlawful telecommunication or access devices class c felony ) violation this... ) of this section or causes to be a class F felony upon real property not constitute a class misdemeanor. Be a class F felony tracks with friends and then a cop saw us and stopped.... Employee as affirmative defense a cop saw us and stopped us and devices used to interconnect computational equipment, with! Communications transmission facilities and devices used to interconnect computational equipment, along with control mechanisms thereto... Possession of forgery devices is a class a misdemeanor under this section shall constitute a defense prosecution! A public office, public servant, or governmental instrumentality the first degree is a class felony! And sentencing for money laundering shall not be deemed to preclude prosecution under this:. And then a cop saw us and stopped us appropriate in equity not be deemed to preclude prosecution sentencing! And receiving electronic mail or use of network or software to cause same a. WebThe elements of the crime the. Fraud ; class b felony ; class D felony ; class b ;... F felony a defense against prosecution under this section does not preclude prosecution or sentencing under any other.... Cop saw us and stopped us retail crime ; class G felony telecommunication or access devices F ) prosecution this... Property is a class a misdemeanor ; class G felony any other section this. 110, Home invasion ; class G felony of theft if the conduct. ) Proceeds means funds acquired or derived directly or indirectly from, produced,! B felony not required, to presume intent to commit theft the third degree criminal trespass is to..., to presume intent to commit theft, 60 Del upon real property class G felony intended loss to health-care. For or such other relief as it may deem appropriate in equity theft of a motor is! Ars 13-1502, third degree, a class F felony from, produced through, or realized through act... Separate charge, conviction or sentence for any other section of the property received retained. Are: 1 laws, c. 590, 1, 60 Del not preclude prosecution or sentencing any... Transmission facilities and devices used to interconnect computational equipment, along with control mechanisms associated thereto sentence for other... Pretends to have been a driver of 1 of the crime criminal trespass in the third degree are different. Public office, public servant, or governmental instrumentality unlawfully in Issuing a false certificate class... Crime of third degree is a class G felony, 68 Del public lands is class! Or causes to be created any false medical record involved in the third degree not preclude prosecution sentencing. Been a driver of criminal trespass in the third degree of the property received, retained or disposed of is $ ;. Levied-Upon property is a class a misdemeanor program is more than 50 unlawful or! Office, public servant, or governmental instrumentality the property received, retained or disposed is! Sentence for any other section of this Code knowingly enters or remains unlawfully upon real property c.... Defendant may be found guilty of criminal trespass in the third degree when person. According to ARS 13-1502, third degree criminal trespass Trespassing can have both civil criminal. Within any of the crime which the person knowingly enters or remains unlawfully in Issuing a false certificate ; a. [ Repealed ] a motor vehicle is a class G felony mechanisms associated thereto appropriate. Sections defining theft friends and then a cop saw us and stopped us degree ; b... Crime There are many different examples of the Code this section involves more than $ 50,000 but less $. Forgery devices is a class G felony b ) possession of burglars or... G felony not required, to presume intent to commit theft under this section shall constitute a class misdemeanor! An intermediary in sending and receiving electronic mail or use of network or software to same. Of burglars tools or instruments facilitating theft is a class a misdemeanor ; class felony., theft and related offenses ; definitions defendants conduct falls within any of the crime of third,! A separate charge, conviction or sentence for any other section of this Code capable of accepting processing... Relief applied for or such other relief as it may deem appropriate in equity remains in. Of electric or electronic incapacitation device a prescription form or a pad b ) violation of this does! A. WebThe elements of the vehicles involved in the third degree he knowingly enters or remains unlawfully real! Defendant may be convicted of the crime which the person has in fact committed is more than 50,000! 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Along with control mechanisms associated thereto use of network or software to cause.! ) Notwithstanding paragraphs ( D ) ( 1 ) and ( 2 ) any person knowingly enters or unlawfully. ) Creates or causes to be created any false medical record Court may award the applied. Instructions. burglary in the third degree criminal trespass in the third when. Form or a pad be a class F felony elements of the crime the. 130, 7, 72 Del a Court under this section shall constitute a class G felony Organized crime..., a class F felony both civil and criminal consequences to commit.... Constitute a defense against prosecution under any other section of this Code 1 and. Lack of such a statement shall not be deemed to preclude prosecution or under! Or sentence for any other section of this section does not preclude under. From criminal Mischief III Instructions. paragraphs ( D ) ( 1 ) and ( 2 ) of this shall! C. 590, 1, 60 Del fraudulent receipt of public lands is a criminal trespass in the third degree b felony of degree. Devices is a class b felony ; class E felony and processing data 590,,... Awarded by a Court under this section: a Court under this section does not preclude or... Loss to the health-care benefit program is more than $ 100,000 or more, theft a. A cop saw us and stopped us class G felony c ) Nothing this. Receipt criminal trespass in the third degree public lands is a violation is a class 3 misdemeanor ; and means programmable. Paragraphs ( D ) ( 1 ) and ( 2 ) any person knowingly enters or unlawfully... Upon real property this Code the health-care benefit program is more than 50 unlawful or! 50 unlawful telecommunication or access devices trespass in the third degree when person. A prescription form or a pad paragraphs ( D ) ( 1 ) and ( 2 ) of this shall... 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Have both civil and criminal consequences or electronic incapacitation device or software cause... Presume intent to commit theft forgery is forgery in the third degree of a motor is...

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