(6) Kidnapping in the first or second degree (3) Murder in the first or second degree (2) Assault in the first or second degree
(1) Robbery in the first or second degree (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: (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. Burglary in the first degree class C or B felony. The minimum fine and community service hours shall be doubled for a second or subsequent conviction of possession of graffiti implements. 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. (2) Possession of graffiti implements is a class B misdemeanor. (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. 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. The minimum fine and community service hours shall be doubled for a second or subsequent conviction of an act of graffiti. 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. (2) Graffiti is a class A misdemeanor, unless the property damage caused thereby exceeds $1500, in which case it is a class G felony. (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.
Graffiti and possession of graffiti implements class G felony class A misdemeanor class B misdemeanor. (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. (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. (3) Otherwise criminal mischief is an unclassified misdemeanor (2) Criminal mischief is a class A misdemeanor if the actor intentionally or recklessly causes pecuniary loss in excess of $1,000 (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 (b) Criminal mischief is punished as follows: (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. (2) Tampers with tangible property of another person so as to endanger person or property or (1) Damages tangible property of another person or
(a) A person is guilty of criminal mischief when the person intentionally or recklessly: Criminal mischief classification of crime defense.