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The precise definition of the crime of theft can be found in the Delaware Criminal Code at 11 Del. C. §841. Generally, theft in Delaware is taking the property of another with the intent to deprive the owner of it.
402.2 (1) Every person commits an offence who obtains or possesses another person's identity information with intent to use it to commit an indictable offence that includes fraud, deceit or falsehood as an element of the offence.
Theft; 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.
18 U.S.C § 1028 - Federal Identity Theft Law Identity theft is a crime where someone wrongfully acquires another person's personal identifying information for fraud or deception for economic gain. 18 U.S.C § 1028 is the federal statute used by prosecutors to charge someone with identity theft.
Under the Delaware identity theft statute, you could be arrested if you knowingly obtain, use, or sell someone's personal information without their consent. The crime includes both situations where someone intended to use the information AND where they pass it off to a third party.
Section 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 ...