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

Delaware § 829

• Jurisdiction: Delaware
• Title: 11
• Part: Delaware Criminal Code
• Ch. 5: SPECIFIC OFFENSES
• Subch.: Offenses Involving Property

Text

(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.

Legislative History

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