11 Del.C. § 101
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 1. Introductory Provisions
§ 101. Short title
Part I of this title shall be known as the Delaware Criminal Code.
CREDIT(S)
58 Laws 1972, ch. 497, § 1.
Codifications: 11 Del.C. 1953, § 101
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 102
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 1. Introductory Provisions
§ 102. Applicability to offenses committed prior to July 1, 1973
(a) Except as provided in subsections (b) and (c) of this section, this Criminal Code does not apply to offenses committed prior to July 1, 1973. Prosecutions for offenses committed prior to July 1, 1973, shall be governed by the prior law, which is continued in effect for that purpose, as if this Criminal Code were not in force. For the purpose of this section, an offense was committed prior to July 1, 1973, if any of the elements of the offense occurred prior thereto.
(b) In any case pending on or commenced after July 1, 1973, involving an offense committed prior to that date:
(1) Procedural provisions of this Criminal Code shall govern, insofar as they are justly applicable and their applicability does not introduce confusion, delay or manifest injustice;
(2) Provisions of this Criminal Code according a defense or mitigations shall apply, with the consent of the defendant.
(c) Provisions of this Criminal Code governing the treatment and the release or discharge of prisoners, probationers and parolees shall apply to persons under sentence for offenses committed prior to July 1, 1973, except that the minimum or maximum period of their detention or supervision shall in no case be increased, nor shall this Criminal Code affect the substantive or procedural validity of any judgment of conviction entered prior to July 1, 1973, regardless of the fact that appeal time has not run or that an appeal is pending.
CREDIT(S)
58 Laws 1972, ch. 497, § 1.
Codifications: 11 Del.C. 1953, § 102
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 103
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 1. Introductory Provisions
§ 103. Applicability to offenses committed after July 1, 1973
(a) This Criminal Code establishes the criminal law of this State and governs the construction of and punishment for any offense set forth herein committed after July 1, 1973, as well as the construction and application of any defense to a prosecution for such an offense.
(b) Unless otherwise expressly provided, or unless the context otherwise requires, this Criminal Code governs the construction of any offense defined in a statute other than this Criminal Code and committed after July 1, 1973, as well as the construction and application of any defense to a prosecution for such an offense.
CREDIT(S)
58 Laws 1972, ch. 497, § 1.
Codifications: 11 Del.C. 1953, § 103
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 201
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 2. General Provisions Concerning Offenses
§ 201. General purposes
The general purposes of this Criminal Code are:
(1) To proscribe conduct which unjustifiably and inexcusably causes or threatens harm to individual or public interests;
(2) To give fair warning of the nature of the conduct proscribed and of the sentences authorized upon conviction;
(3) To define the act or omission and the accompanying mental state which constitute each offense;
(4) To differentiate upon reasonable grounds between serious and minor offenses and to prescribe proportionate penalties therefor; and
(5) To insure the public safety by preventing the commission of offenses through the deterrent influence of the sentences authorized, the rehabilitation of those convicted and their confinement when required in the interests of public protection.
CREDIT(S)
58 Laws 1972, ch. 497, § 1.
Codifications: 11 Del.C. 1953, § 201
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 202
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 2. General Provisions Concerning Offenses
§ 202. All offenses defined by statute
(a) No conduct constitutes a criminal offense unless it is made a criminal offense by this Criminal Code or by another law.
(b) This section does not affect the power of a court to punish for civil contempt or to employ any sanction authorized by law for the enforcement of an order or a civil judgment or decree.
CREDIT(S)
58 Laws 1972, ch. 497, § 1.
Codifications: 11 Del.C. 1953, § 202
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 203
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 2. General Provisions Concerning Offenses
§ 203. Principles of construction
The general rule that a penal statute is to be strictly construed does not apply to this Criminal Code, but the provisions herein must be construed according to the fair import of their terms to promote justice and effect the purposes of the law, as stated in § 201 of this title.
CREDIT(S)
58 Laws 1972, ch. 497, § 1.
Codifications: 11 Del.C. 1953, § 203
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 204
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 2. General Provisions Concerning Offenses
§ 204. Territorial applicability
(a) Except as otherwise provided in this section a person may be convicted under the law of this State of an offense committed by the person's own conduct or by the conduct of another for which the person is legally accountable if:
(1) Either the conduct or the result which is an element of the offense occurs within Delaware; or
(2) Conduct occurring outside the State is sufficient under Delaware law to constitute a conspiracy to commit an offense within the State and an overt act in furtherance of the conspiracy occurs within the State; or
(3) Conduct occurring within the State establishes complicity in the commission of, or an attempt, solicitation or conspiracy to commit, an offense in another jurisdiction which also is an offense under the law of Delaware; or
(4) The offense consists of the omission to perform a legal duty imposed by Delaware law with respect to domicile, residence or a relationship to a person, thing or transaction in the State; or
(5) The offense is based on a statute of Delaware which expressly prohibits conduct outside the State, when the conduct bears a reasonable relation to a legitimate interest of this State and the defendant knows or should know that the defendant's conduct is likely to affect that interest.
(b) Paragraph (a)(1) of this section does not apply when causing a particular result is an element of an offense and the result is caused by conduct occurring outside Delaware which would not constitute an offense if the result had occurred in the same place, unless the defendant intentionally, knowingly or recklessly caused the result within Delaware.
(c) When the offense is homicide, either the death of the victim or the bodily impact causing death constitutes a "result" within the meaning of paragraph (a)(1) of this section and if the body of a homicide victim is found within this State it is presumed that the result occurred within the State.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 204
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 205
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 2. General Provisions Concerning Offenses
§ 205. Time limitations
(a) A prosecution for murder or any class A felony, or any attempt to commit said crimes, may be commenced at any time.
(b) Except as otherwise provided in this section, prosecutions for other offenses are subject to the following periods of limitation:
(1) A prosecution for any felony except murder or any class A felony, or any attempt to commit said crimes, must be commenced within 5 years after it is committed;
(2) A prosecution for a class A misdemeanor must be commenced within 3 years after it is committed;
(3) A prosecution for a class B misdemeanor, a class C misdemeanor, an unclassified misdemeanor or a violation must be commenced within 2 years after it is committed.
(c) If the period prescribed by subsection (b) of this section has expired, a prosecution for any offense in which the accused's acts include or constitute forgery, fraud, breach of fiduciary duty or actively concealed theft or misapplication of property by an employee, pledgee, bailee or fiduciary may be commenced within 2 years after discovery of the offense has been made or should have been made in the exercise of ordinary diligence by an aggrieved party or by an authorized agent, fiduciary, guardian, personal representative or parent (in the case of an infant) of an aggrieved party who is not a party to the offense. In no case shall this provision extend the period of limitation otherwise applicable by more than an additional 3 years beyond the period specified in subsection (b) of this section.
(d) If the period prescribed by subsection (b) of this section has expired, a prosecution for any offense based upon misconduct in office by a public officer or employee may be commenced at any time when the defendant is in public office or employment or within 2 years thereafter. In no case shall this provision extend the period of limitation otherwise applicable by more than an additional 3 years beyond the period specified in subsection (b) of this section.
(e) Notwithstanding the period prescribed by subsection (b) of this section, a prosecution for any crime that is delineated in Subpart D of Subchapter II of Chapter 5 of this title, or is otherwise defined as a "sexual offense" by § 761 of this title except §§ 763, 764 or 765 of this title, or any attempt to commit said crimes, may be commenced at any time. No prosecution under this subsection shall be based upon the memory of the victim that has been recovered through psychotherapy unless there is some evidence of the corpus delicti independent of such repressed memory. This subsection applies to all causes of action arising before, on or after July 15, 1992, and to the extent consistent with this subsection, it shall revive causes of action that would otherwise be barred by this section.
(f) An offense is committed either when every element occurs, or, if a legislative purpose to prohibit a continuing course of conduct plainly appears, at the time when the course of conduct or the defendant's complicity therein is terminated. Time starts to run on the day after the offense is committed.
(g) For purposes of this section, a prosecution is commenced when either an indictment is found or an information is filed.
(h) The period of limitation does not run:
(1) During any time when the accused is fleeing or hiding from justice so that the accused's identity or whereabouts within or outside the State cannot be ascertained, despite a diligent search for the accused; or
(2) During any time when the accused in a prosecution has become a fugitive from justice by failing to appear for any scheduled court proceeding related to such prosecution for which proper notice under the law was provided or attempted. It is no defense to a prosecution under this paragraph that the person did not receive notice of the scheduled court proceeding.
(3) During any time when a prosecution, including a prosecution under a defective indictment or information, against the accused for the same conduct has been commenced and is pending in this State.
(i) If the period prescribed by subsection (b) of this section has expired, a prosecution for any offense in this title may be commenced within 10 years after it is committed if based upon forensic DNA testing.
(j) In any prosecution in which subsection (c), (d), (e), (h) or (i) of this section is sought to be invoked to avoid the limitation period of subsection (b) of this section, the State must allege and prove the applicability of subsection (c), (d), (e), (h) or (i) as an element of the offense.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 60 Laws 1976, ch. 401, § 1; 68 Laws 1992, ch. 397, §§ 1, 2; 70 Laws 1995, ch. 92, § 1, eff. June 23, 1995; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 71 Laws 1998, ch. 264, §§ 1, 2, eff. April 20, 1998; 72 Laws 2000, ch. 320, §§ 1, 2, eff. Sept. 1, 2000; 74 Laws 2003, ch. 56, § 1, eff. June 24, 2003; 75 Laws 2006, ch. 367, § 1, eff. July 6, 2006.
Codifications: 11 Del.C. 1953, § 205
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 206
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 2. General Provisions Concerning Offenses
§ 206. Method of prosecution when conduct constitutes more than 1 offense
(a) When the same conduct of a defendant may establish the commission of more than 1 offense, the defendant may be prosecuted for each offense. The defendant's liability for more than 1 offense may be considered by the jury whenever the State's case against the defendant for each offense is established in accordance with § 301 of this title. The defendant may not, however, be convicted of more than 1 offense if:
(1) One offense is included in the other, as defined in subsection (b) of this section; or
(2) One offense consists only of an attempt to commit the other; or
(3) Inconsistent findings of fact are required to establish the commission of the offenses.
(b) A defendant may be convicted of an offense included in an offense charged in the indictment or information. An offense is so included when:
(1) It is established by the proof of the same or less than all the facts required to establish the commission of the offense charged; or
(2) It consists of an attempt to commit the offense charged or to commit an offense otherwise included therein; or
(3) It involves the same result but differs from the offense charged only in the respect that a less serious injury or risk of injury to the same person, property or public interest or a lesser kind of culpability suffices to establish its commission.
(c) The court is not obligated to charge the jury with respect to an included offense unless there is a rational basis in the evidence for a verdict acquitting the defendant of the offense charged and convicting the defendant of the included offense.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 206
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 207
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 2. General Provisions Concerning Offenses
§ 207. When prosecution is barred by former prosecution for the same offense
When a prosecution is for a violation of the same statutory provisions and is based upon the same facts as a former prosecution, it is barred by the former prosecution under the following circumstances:
(1) The former prosecution resulted in an acquittal which has not subsequently been set aside. There is an acquittal if the prosecution resulted in a finding of not guilty by the trier of fact or in a determination by the court that there was insufficient evidence to warrant a conviction. A finding of guilty of a lesser included offense is an acquittal of the greater inclusive offense, although the conviction is subsequently set aside.
(2) The former prosecution was terminated, after the information had been filed or the indictment found, by a final order or judgment for the defendant, which has not been set aside, reversed or vacated and which necessarily required a determination inconsistent with a fact or a legal proposition that must be established for conviction of the offense.
(3) The former prosecution resulted in a conviction. There is a conviction if the prosecution resulted in a judgment of conviction which has not been reversed or vacated, a verdict of guilty which has not been set aside and which is capable of supporting a judgment or a plea of guilty or nolo contendere accepted by the court.
(4) The former prosecution was improperly terminated. Except as provided in this subdivision there is an improper termination of a prosecution if the termination is for reasons not amounting to an acquittal, and it takes place after the first witness is sworn but before verdict. Termination under any of the following circumstances is not improper:
a. The defendant consents to the termination or waives, by motion to dismiss or otherwise, the right to object to the termination.
b. The trial court declares a mistrial in accordance with law.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 207
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 208
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 2. General Provisions Concerning Offenses
§ 208. When prosecution is barred by former prosecution for different offense
Although a prosecution is for a violation of a different statutory provision or is based on different facts, it is barred by a former prosecution in a court having jurisdiction over the subject matter of the second prosecution under the following circumstances:
(1) The former prosecution resulted in an acquittal which has not subsequently been set aside or in a conviction as defined in § 207 of this title and the subsequent prosecution is for:
a. Any offense of which the defendant could have been convicted on the first prosecution; or
b. The same conduct, unless:
1. The offense for which the defendant is subsequently prosecuted requires proof of a fact not required by the former offense and the law defining each of the offenses is intended to prevent a substantially different harm or evil; or
2. The second offense was not consummated when the former trial began.
(2) The former prosecution was terminated by an acquittal or by a final order or judgment for the defendant which has not been set aside, reversed or vacated and which acquittal, final order or judgment necessarily required a determination inconsistent with a fact which must be established for conviction of the second offense.
(3) The former prosecution was improperly terminated as improper termination is defined in § 207(4) of this title and the subsequent prosecution is for an offense of which the defendant could have been convicted had the former prosecution not been improperly terminated.
CREDIT(S)
58 Laws 1972, ch. 497, § 1.
Codifications: 11 Del.C. 1953, § 208
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 209
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 2. General Provisions Concerning Offenses
§ 209. Former prosecution in another jurisdiction; when a bar
When conduct constitutes an offense within the concurrent jurisdiction of this State and of the United States or another state, a prosecution in any such other jurisdiction is a bar to a subsequent prosecution in this State under the following circumstances:
(1) The first prosecution resulted in an acquittal which has not subsequently been set aside or in a conviction as defined in § 207 of this title and the subsequent prosecution is based on the same conduct, unless:
a. The offense for which the defendant is subsequently prosecuted requires proof of a fact not required by the former offense and the law defining each of the offenses is intended to prevent a substantially different harm or evil; or
b. The second offense was not consummated when the former trial began; or
(2) The former prosecution was terminated, after the information was filed or the indictment found, by an acquittal or by a final order or judgment for the defendant which has not been set aside, reversed or vacated and which acquittal, final order or judgment necessarily required a determination inconsistent with a fact which must be established for conviction of the offense for which the defendant is subsequently prosecuted; or
(3) The former prosecution was improperly terminated as improper termination is defined in § 207(4) of this title and the subsequent prosecution is for an offense of which the defendant could have been convicted had the former prosecution not been improperly terminated.
CREDIT(S)
58 Laws 1972, ch. 497, § 1.
Codifications: 11 Del.C. 1953, § 209
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 210
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 2. General Provisions Concerning Offenses
§ 210. Former prosecution before court lacking jurisdiction or when fraudulently procured by defendant
A prosecution is not a bar within the meaning of §§ 207, 208 and 209 of this title under any of the following circumstances:
(1) The former prosecution was before a court which lacked jurisdiction over the defendant or the offense; or
(2) The former prosecution was procured by the defendant without the knowledge of the appropriate prosecuting officer and with the purpose of avoiding the sentence which might otherwise be imposed; or
(3) The former prosecution resulted in a judgment of conviction which was held invalid on appeal or in a subsequent proceeding on a writ of habeas corpus, coram nobis or similar process.
CREDIT(S)
58 Laws 1972, ch. 497, § 1.
Codifications: 11 Del.C. 1953, § 210
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 211
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 2. General Provisions Concerning Offenses
§ 211. Repeal of statutes as affecting existing liabilities
(a) The repeal of any statute creating, defining or relating to any criminal offense set forth under the laws of this State, shall not have the effect of releasing or extinguishing any penalty, forfeiture or liability incurred under such statute, unless the repealing act shall so expressly provide, and such statute shall be treated as remaining in full force and effect for the purpose of sustaining any proper action or prosecution for the enforcement of such penalty, forfeiture or liability.
(b) Any action, case, prosecution, trial or other legal proceeding in progress under or pursuant to any statute relating to any criminal offense set forth under the laws of this State shall be preserved and shall not become illegal or terminated in the event that such statute is later amended by the General Assembly, irrespective of the stage of such proceeding, unless the amending act expressly provides to the contrary. For the purposes of such proceedings, the prior law shall remain in full force and effect.
CREDIT(S)
71 Laws 1998, ch. 263, § 1, eff. April 20, 1998.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 221
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 2. General Provisions Concerning Offenses
§ 221. Principles of definitions
(a) In this Criminal Code when the word "means" is employed in defining a word or term, the definition is limited to the meaning given.
(b) In this Criminal Code, when the word "includes" is employed in defining a word or term, the definition is not limited to the meaning given, but in appropriate cases the word or term may be defined in any way not inconsistent with the definition given.
(c) If a word used in this Criminal Code is not defined herein, it has its commonly accepted meaning, and may be defined as appropriate to fulfill the purposes of the provision as declared in § 201 of this title.
CREDIT(S)
58 Laws 1972, ch. 497, § 1.
Codifications: 11 Del.C. 1953, § 221
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 222
Effective: July 12, 2012
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 2. General Provisions Concerning Offenses
§ 222. General definitions
When used in this Criminal Code:
(1) "Building," in addition to its ordinary meaning, includes any structure, vehicle or watercraft. Where a building consists of 2 or more units separately secured or occupied, each unit shall be deemed a separate building.
(2) "Controlled substance" or "counterfeit substance" shall have the same meaning as used in Chapter 47 of Title 16.
(3) "Conviction" means a verdict of guilty by the trier of fact, whether judge or jury, or a plea of guilty or a plea of nolo contendere accepted by the court.
(4) "Dangerous instrument" means any instrument, article or substance which, under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing death or serious physical injury, or any disabling chemical spray, as defined in paragraph (6) of this section or any electronic control devices including but not limited to a neuromuscular incapacitation device designed to incapacitate a person.
(5) "Deadly weapon" includes a "firearm", as defined in paragraph (12) of this section, a bomb, a knife of any sort (other than an ordinary pocketknife carried in a closed position), switchblade knife, billy, blackjack, bludgeon, metal knuckles, slingshot, razor, bicycle chain or ice pick or any "dangerous instrument", as defined in paragraph (4) of this section, which is used, or attempted to be used, to cause death or serious physical injury. For the purpose of this definition, an ordinary pocketknife shall be a folding knife having a blade not more than 3 inches in length.
(6) "Disabling chemical spray" includes mace, tear gas, pepper spray or any other mixture containing quantities thereof, or any other aerosol spray or any liquid, gaseous or solid substance capable of producing temporary physical discomfort, disability or injury through being vaporized or otherwise dispersed in the air, or any cannister, container or device designed or intended to carry, store or disperse such aerosol spray or such gas or solid.
(7) "Defraud" means to acquire a gain or advantage by fraud.
(8) "Drug" means any substance or preparation capable of producing any alteration of the physical, mental or emotional condition of a person.
(9) "Elderly person" means any person who is 62 years of age or older. Thus, the terms "elderly person" and "person who is 62 years of age or older" shall have the same meaning as used in this Code or in any action brought pursuant to this Code.
(10) "Electronic control device" is a device designed to incapacitate a person, including but not limited to a neuromuscular incapacitation device.
(11) "Female" means a person of the female sex.
(12)
"Firearm" includes any weapon from which a shot, projectile or other object may
be discharged by force of combustion, explosive, gas and/
(13) "Fraud" means an intentional perversion, misrepresentation or concealment of truth.
(14) "Law" includes statutes and ordinances. Unless the context otherwise clearly requires, "law" also includes settled principles of the common law of Delaware governing areas other than substantive criminal law.
(15)
"Law-enforcement officer" includes police officers, the Attorney General and the
Attorney General's deputies, agents of the State Division of Alcohol and Tobacco
Enforcement, correctional officers, state fire marshals, municipal fire marshals
that are graduates of a Delaware Police Academy which is
accredited/
(16) "Lawful" means in accordance with law or, where the context so requires, not prohibited by law.
(17) "Male" means a person of the male sex.
(18) "Mental illness" means any condition of the brain or nervous system recognized as a mental disease by a substantial part of the medical profession.
(19) "Narcotic drug" shall have the same definition as contained in § 4701(27) of Title 16.
(20) "Oath or affirmation," for the purpose of warrants, can be made via videophone, telephone, secure electronic means or in person.
(21) "Person" means a human being who has been born and is alive, and, where appropriate, a public or private corporation, a trust, a firm, a joint stock company, a union, an unincorporated association, a partnership, a government or a governmental instrumentality.
(22) "Physical force" means any application of force upon or toward the body of another person.
(23) "Physical injury" means impairment of physical condition or substantial pain.
(24) "Public transit operator" means a person in control or in charge of a transportation vehicle for public use, in exchange for a fee or charge, offered by any railroad, street railway, traction railway, motor bus, or trolley coach. Specifically excluded are:
a. Transportation to and from any school or school-sponsored event when such transportation is under the regulation of the Department of Education;
b. Transportation to and from a church, synagogue or other place of worship;
c. Shuttle-type transportation provided by business establishments without charge to customers of the businesses offering such shuttle transportation between fixed termini; and
d. Limousine services.
(25) "Serious mental disorder" means any condition of the brain or nervous system recognized as defective, as compared with an average or normal condition, by a substantial part of the medical profession.
(26) "Serious physical injury" means physical injury which creates a substantial risk of death, or which causes serious and prolonged disfigurement, prolonged impairment of health or prolonged loss or impairment of the function of any bodily organ, or which causes the unlawful termination of a pregnancy without the consent of the pregnant female.
(27) "Telephone," in addition to its ordinary meaning, includes any computer (as defined in § 931 of this title) or any other electronic device which is actually used to engage in a wire communication (as defined in § 2401(20) of this title) with any other telephone, computer or electronic device.
(28) "Therapeutic abortion" means an abortion performed pursuant to subchapter IX of Chapter 17 of Title 24.
(29) "Unlawful" means contrary to law or, where the context so requires, not permitted by law. It does not mean wrongful or immoral.
(30) "Vehicle" includes any means in or by which someone travels or something is carried or conveyed or a means of conveyance or transport, whether or not propelled by its own power.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 59 Laws 1973, ch. 203, § 1; 63 Laws 1981, ch. 92, § 1; 64 Laws 1983, ch. 17, § 1; 68 Laws 1992, ch. 378, §§ 1-3; 69 Laws 1993, ch. 24, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 70 Laws 1996, ch. 383, § 1, eff. June 24, 1996; 71 Laws 1998, ch. 374, §§ 1 to 3, eff. July 7, 1998; 72 Laws 1999, ch. 34, § 8, eff. May 12, 1999; 72 Laws 1999, ch. 43, § 2, eff. June 10, 1999; 72 Laws 1999, ch. 50, § 1, eff. June 14, 1999; 72 Laws 2000, ch. 371, § 1, eff. June 30, 2000; 72 Laws 2000, ch. 379, § 1, eff. June 30, 2000; 73 Laws 2001, ch. 126, § 1, eff. July 9, 2001; 73 Laws 2002, ch. 249, § 1, eff. April 29, 2002; 73 Laws 2002 (3rd Sp. Sess.), ch. 413, § 1, eff. July 22, 2002; 74 Laws 2003, ch. 71, § 4, eff. June 30, 2003; 74 Laws 2004, ch. 250, § 2, eff. June 8, 2004; 76 Laws 2008, ch. 270, §§ 1, 2, eff. June 30, 2008; 77 Laws 2009, ch. 64, § 3, eff. June 26, 2009; 78 Laws 2011, ch. 13, § 3, eff. Sept. 1, 2011; 78 Laws 2012, ch. 224, § 1, eff. April 19, 2012; 78 Laws 2012, ch. 266, § 1, eff. June 19, 2012; 78 Laws 2012, ch. 325, § 3, eff. July 12, 2012.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 223
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 2. General Provisions Concerning Offenses
§ 223. Words of gender or number
Unless the context otherwise requires, words denoting the singular number may, and where necessary shall, be construed as denoting the plural number, and words denoting the plural number may, and where necessary shall, be construed as denoting the singular number, and words denoting the masculine gender may, and where necessary shall, be construed as denoting the feminine gender or the neuter gender.
CREDIT(S)
58 Laws 1972, ch. 497, § 1.
Codifications: 11 Del.C. 1953, § 223
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 224
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 2. General Provisions Concerning Offenses
§ 224. Valuation of property
Whenever the value of property is determinative of the degree of an accused's criminal guilt or otherwise relevant in a criminal prosecution, it shall be ascertained as follows:
(1) Except as otherwise specified in this section, value means the market value of the property at the time and place of the crime, or if that cannot be satisfactorily ascertained, the cost of replacing the property within a reasonable time after the crime.
(2) Whether or not they have been issued or delivered, the value of certain written instruments, not including those having a readily ascertainable market value, shall be ascertained as follows:
a. The value of an instrument constituting an evidence of debt, such as a check, draft or promissory note, shall be deemed the amount due or collectible thereon or thereby, that figure ordinarily being the face amount of the indebtedness less any portion thereof which has been satisfied.
b. The value of any other instrument which creates, releases, discharges or otherwise affects any valuable legal right, privilege or obligation shall be deemed the greatest amount of economic loss which the owner of the instrument might reasonably suffer by virtue of the loss of the instrument.
(3) When the value of property cannot satisfactorily be ascertained pursuant to the standards set forth in paragraphs (1) and (2) of this section, its value shall be deemed to be an amount less than $100.
CREDIT(S)
58 Laws 1972, ch. 497, § 1.
Codifications: 11 Del.C. 1953, § 224
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 231
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 2. General Provisions Concerning Offenses
§ 231. Definitions relating to state of mind
(a) "Criminal negligence".--A person acts with criminal negligence with respect to an element of an offense when the person fails to perceive a risk that the element exists or will result from the conduct. The risk must be of such a nature and degree that failure to perceive it constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation.
(b) "Intentionally". --A person acts intentionally with respect to an element of an offense when:
(1) If the element involves the nature of the person's conduct or a result thereof, it is the person's conscious object to engage in conduct of that nature or to cause that result; and
(2) If the element involves the attendant circumstances, the person is aware of the existence of such circumstances or believes or hopes that they exist.
(c) "Knowingly".--A person acts knowingly with respect to an element of an offense when:
(1) If the element involves the nature of the person's conduct or the attendant circumstances, the person is aware that the conduct is of that nature or that such circumstances exist; and
(2) If the element involves a result of the person's conduct, the person is aware that it is practically certain that the conduct will cause that result.
(d) "Negligence".--A person acts with negligence with respect to an element of an offense when the person fails to exercise the standard of care which a reasonable person would observe in the situation.
(e) "Recklessly".--A person acts recklessly with respect to an element of an offense when the person is aware of and consciously disregards a substantial and unjustifiable risk that the element exists or will result from the conduct. The risk must be of such a nature and degree that disregard thereof constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation. A person who creates such a risk but is unaware thereof solely by reason of voluntary intoxication also acts recklessly with respect thereto.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 63 Laws 1981, ch. 88, § 6; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 231
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 232
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 2. General Provisions Concerning Offenses
§ 232. Definition relating to elements of offense
"Elements of an offense" are those physical acts, attendant circumstances, results and states of mind which are specifically included within the definition of the offense or, if the definition is incomplete, those states of mind which are supplied by the general provisions of this Criminal Code. Facts establishing jurisdiction and venue and establishing that the offense was committed within the time period prescribed in § 205 of this title must also be proved as elements of the offense.
CREDIT(S)
58 Laws 1972, ch. 497, § 1.
Codifications: 11 Del.C. 1953, § 232
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 233
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 2. General Provisions Concerning Offenses
§ 233. Definition and classification of offenses
(a) "Crime" or "offense" means an act or omission forbidden by a statute of this State and punishable upon conviction by:
(1) Imprisonment; or
(2) Fine; or
(3) Removal from office; or
(4) Disqualification to hold any office of trust, honor or profit under the State; or
(5) Other penal discipline.
(b) An act or omission is forbidden by a statute of this State if a statute makes the act or omission punishable by any form of punishment mentioned in subsection (a) of this section.
(c) An offense is either a felony, a misdemeanor or a violation. Any offense not specifically designated by law to be a felony or a violation is a misdemeanor.
CREDIT(S)
58 Laws 1972, ch. 497, § 1.
Codifications: 11 Del.C. 1953, § 233
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 234
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 2. General Provisions Concerning Offenses
§ 234. Definition of terms requiring certain sentences
When used for the purpose of describing or requiring a sentence of incarceration imposed pursuant to this title, the terms "minimum," "mandatory," "minimum mandatory" and "mandatory minimum" shall be construed as being synonymous.
CREDIT(S)
71 Laws 1997, ch. 98, § 1, eff. June 30, 1997.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 241
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 2. General Provisions Concerning Offenses
§ 241. Conviction to precede punishment
The punishments prescribed by this Criminal Code or by any other statute of a criminal nature may be inflicted only after a judgment of conviction by a court having jurisdiction over the person of the defendant and over the subject matter.
CREDIT(S)
58 Laws 1972, ch. 497, § 1.
Codifications: 11 Del.C. 1953, § 241
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 242
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 2. General Provisions Concerning Offenses
§ 242. Requirements for criminal liability in general
A person is not guilty of an offense unless liability is based on conduct which includes a voluntary act or the omission to perform an act which the person is physically capable of performing.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 242
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 243
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 2. General Provisions Concerning Offenses
§ 243. Definition of voluntary act
"Voluntary act" means a bodily movement performed consciously or habitually as a result of effort or determination, and includes possession if the defendant knowingly procured or received the thing possessed or was aware of the defendant's control thereof for a sufficient period to have been able to terminate possession.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 243
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 251
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 2. General Provisions Concerning Offenses
§ 251. Proof of state of mind required unless otherwise provided; strict liability
(a) No person may be found guilty of a criminal offense without proof that the person had the state of mind required by the law defining the offense or by subsection (b) of this section.
(b) When the state of mind sufficient to establish an element of an offense is not prescribed by law, that element is established if a person acts intentionally, knowingly or recklessly.
(c) It is unnecessary to prove the defendant's state of mind with regard to:
(1) Offenses which constitute violations, unless a particular state of mind is included within the definition of the offenses; or
(2) Offenses defined by statutes other than this Criminal Code, insofar as a legislative purpose to impose strict liability for such offenses or with respect to any material element thereof plainly appears.
In all cases covered by this subsection, it is nevertheless necessary to prove that the act or omission on which liability is based was voluntary as provided in §§ 242 and 243 of this title.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 251
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 252
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 2. General Provisions Concerning Offenses
§ 252. Prescribed state-of-mind requirement applies to all material elements
When a statute defining an offense prescribes the state of mind that is sufficient for the commission of the offense, without distinguishing among the elements thereof, the provision shall apply to all the elements of the offense, unless a contrary legislative purpose plainly appears.
CREDIT(S)
58 Laws 1972, ch. 497, § 1.
Codifications: 11 Del.C. 1953, § 252
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 253
Effective: July 5, 2007
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 2. General Provisions Concerning Offenses
§ 253. Substitutes for criminal negligence, recklessness and knowledge
Whenever a statute provides that negligence suffices to establish an element of an offense, the element is also established if a person acts intentionally, knowingly, recklessly or with criminal negligence. When a statute provides that criminal negligence suffices to establish an element of an offense, the element also is established if a person acts intentionally, knowingly or recklessly. When recklessness suffices to establish an element of an offense, the element also is established if a person acts intentionally or knowingly. When acting knowingly suffices to establish an element of an offense, the element also is established if a person acts intentionally.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 76 Laws 2007, ch. 101, § 7, eff. July 5, 2007.
Codifications: 11 Del.C. 1953, § 253
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 254
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 2. General Provisions Concerning Offenses
§ 254. Conditional intention
The fact that a defendant's intention was conditional is immaterial unless the condition negatives the harm or evil sought to be prevented by the statute defining the offense.
CREDIT(S)
58 Laws 1972, ch. 497, § 1.
Codifications: 11 Del.C. 1953, § 254
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 255
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 2. General Provisions Concerning Offenses
§ 255. Knowledge of high probability
When knowledge of the existence of a particular fact is an element of an offense, such knowledge is established if a person is aware of a high probability of its existence, unless the person actually believes that it does not exist.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 255
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 261
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 2. General Provisions Concerning Offenses
§ 261. Causation
Conduct is the cause of a result when it is an antecedent but for which the result in question would not have occurred.
CREDIT(S)
58 Laws 1972, ch. 497, § 1.
Codifications: 11 Del.C. 1953, § 261
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 262
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 2. General Provisions Concerning Offenses
§ 262. Intentional or knowing causation; different result from that expected
The element of intentional or knowing causation is not established if the actual result is outside the intention or the contemplation of the defendant unless:
(1) The actual result differs from that intended or contemplated, as the case may be, only in the respect that a different person or different property is injured or affected or that the injury or harm intended or contemplated would have been more serious or more extensive than that caused; or
(2) The actual result involves the same kind of injury or harm as the probable result and is not too remote or accidental in its occurrence to have a bearing on the actor's liability or on the gravity of the offense.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 262
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 263
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 2. General Provisions Concerning Offenses
§ 263. Reckless or negligent causation; different result from that expected or overlooked
The element of reckless or negligent causation is not established if the actual result is outside the risk of which the defendant is aware or, in the case of negligence, of which the defendant should be aware unless:
(1) The actual result differs from the probable result only in the respect that a different person or different property is injured or affected or that the probable injury or harm would have been more serious or more extensive than that caused; or
(2) The actual result involves the same kind of injury or harm as the probable result and is not too remote or accidental in its occurrence to have a bearing on the actor's liability or on the gravity of the offense.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 263
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 264
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 2. General Provisions Concerning Offenses
§ 264. Causation in offenses of strict liability
When causing a particular result is an element of an offense for which strict liability is imposed by law, the element is not established unless the actual result is a probable consequence of the actor's conduct.
CREDIT(S)
58 Laws 1972, ch. 497, § 1.
Codifications: 11 Del.C. 1953, § 264
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 271
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 2. General Provisions Concerning Offenses
§ 271. Liability for the conduct of another--Generally
A person is guilty of an offense committed by another person when:
(1) Acting with the state of mind that is sufficient for commission of the offense, the person causes an innocent or irresponsible person to engage in conduct constituting the offense; or
(2) Intending to promote or facilitate the commission of the offense the person:
a. Solicits, requests, commands, importunes or otherwise attempts to cause the other person to commit it; or
b. Aids, counsels or agrees or attempts to aid the other person in planning or committing it; or
c. Having a legal duty to prevent the commission of the offense, fails to make a proper effort to do so; or
(3) The person's conduct is expressly declared by this Criminal Code or another statute to establish the person's complicity.
Nothing in this section shall apply to any law-enforcement officer or the officer's agent while acting in the lawful performance of duty.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 271
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 272
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 2. General Provisions Concerning Offenses
§ 272. Liability for the conduct of another--No defense
In any prosecution for an offense in which the criminal liability of the accused is based upon the conduct of another person pursuant to § 271 of this title, it is no defense that:
(1) The other person is not guilty of the offense in question because of irresponsibility or other legal incapacity or exemption, or because of unawareness of the criminal nature of the conduct in question or of the accused's criminal purpose, or because of other factors precluding the mental state required for the commission of the offense; or
(2) The other person has not been prosecuted for or convicted of any offense based on the conduct in question, or has previously been acquitted thereof, or has been convicted of a different offense or in a different degree, or has legal immunity from prosecution for the conduct in question; or
(3) The offense in question, as defined, can be committed only by a particular class of persons, and the defendant, not belonging to that class, is for that reason legally incapable of committing the offense in an individual capacity, unless imposing liability on the defendant is inconsistent with the purpose of the provision establishing the defendant's incapacity.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 272
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 273
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 2. General Provisions Concerning Offenses
§ 273. Liability for the conduct of another--Exemption
Unless otherwise provided by this Criminal Code or by the statute defining the offense, a person is not liable for an offense committed by another person if:
(1) The person is a victim of that offense; or
(2) The offense is so defined that the person's conduct is inevitably incident to its commission; or
(3) The person terminates complicity prior to commission of the offense and:
a. Wholly deprives it of effectiveness in the commission of the offense; or
b. Gives timely warning to the Attorney General or the police or otherwise makes a proper effort to prevent the commission of the offense.
If the actor's conduct constitutes a separate offense, the actor is liable for that offense only and not for the conduct or offense committed by the other person.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 273
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 274
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 2. General Provisions Concerning Offenses
§ 274. Offenses involving 2 or more persons; convictions for different degrees of offense
When, pursuant to § 271 of this title, 2 or more persons are criminally liable for an offense which is divided into degrees, each person is guilty of an offense of such degree as is compatible with that person's own culpable mental state and with that person's own accountability for an aggravating fact or circumstance.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 274
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 275
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 2. General Provisions Concerning Offenses
§ 275. Indictment as principal and conviction as accomplice; indictment as accomplice and conviction as principal
(a) A person indicted for committing an offense may be convicted as an accomplice to another person guilty of committing the offense.
(b) A person indicted as an accomplice to an offense committed by another person may be convicted as a principal.
CREDIT(S)
58 Laws 1972, ch. 497, § 1.
Codifications: 11 Del.C. 1953, § 275
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 281
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 2. General Provisions Concerning Offenses
§ 281. Criminal liability of organizations
An organization is guilty of an offense when:
(1) The conduct constituting the offense consists of an omission to discharge a specific duty of affirmative performance imposed on organizations by law; or
(2) The conduct constituting the offense is engaged in, authorized, solicited, requested, commanded or recklessly tolerated by the board of directors or by a high managerial agent acting within the scope of employment and in behalf of the organization; or
(3) The conduct constituting the offense is engaged in by an agent of the organization while acting within the scope of employment and in behalf of the organization and:
a. The offense is a misdemeanor or a violation; or
b. The offense is one defined by a statute which clearly indicates a legislative intent to impose such criminal liability on an organization.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 74 Laws 2003, ch. 71, §§ 1, 2, eff. June 30, 2003.
Codifications: 11 Del.C. 1953, § 281
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 282
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 2. General Provisions Concerning Offenses
§ 282. Criminal liability of an individual for organizational conduct
A person is criminally liable for conduct constituting an offense which the person performs or causes to be performed in the name of or in behalf of an organization to the same extent as if the conduct were performed in the person's own name or behalf.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 74 Laws 2003, ch. 71, §§ 2, 3, eff. June 30, 2003.
Codifications: 11 Del.C. 1953, § 282
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 283
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 2. General Provisions Concerning Offenses
§ 283. Impermissible organizational activity no defense
In any prosecution for an offense alleged to have been committed by an organization, it is no defense that the act charged to constitute the offense was an impermissible organizational activity.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 74 Laws 2003, ch. 71, §§ 2, 3, eff. June 30, 2003.
Codifications: 11 Del.C. 1953, § 283
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 284
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 2. General Provisions Concerning Offenses
§ 284. Definitions relating to organizational liability
(a) "Agent" means any director, officer or employee of an organization, or any other person who is authorized to act in behalf of the organization.
(b) "High managerial agent" means an officer of an organization or any other agent in a position of comparable authority with respect to the formulation of organizational policy or the supervision in a managerial capacity of subordinate employees.
(c) "Organization" means any entity listed in the definition of "person" contained in § 222 of this title, other than an individual human being.
CREDIT(S)
Added by 58 Laws 1972, ch. 497, § 1. Amended by 74 Laws 2003, ch. 71, §§ 2, 3, 5, eff. June 30, 2003.
Codifications: 11 Del.C. 1953, § 284
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 301
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 3. Proving and Disproving Criminal Guilt
§ 301. State's prima facie case; proof beyond reasonable doubt
(a) In any prosecution for an offense, a prima facie case for the State consists of some credible evidence tending to prove the existence of each element of the offense.
(b) No person may be convicted of an offense unless each element of the offense is proved beyond a reasonable doubt.
(c) In any prosecution for any compound crime, including but not limited to first degree murder under § 636(a)(2) or (a)(6) of this title or for second degree murder under § 635(2) of this title, the corpus delicti of the underlying felony need not be proved independently of a defendant's extrajudicial statement.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 70 Laws 1996, ch. 463, § 1, eff. July 9, 1996.
Codifications: 11 Del.C. 1953, § 301
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 302
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 3. Proving and Disproving Criminal Guilt
§ 302. Jury instruction for defendant on reasonable doubt
(a) Pursuant to § 301(b) of this title, the defendant is entitled to a jury instruction that the jury must acquit if they fail to find each element of the offense proved beyond a reasonable doubt.
(b) The defendant may produce whatever evidence the defendant has tending to negate the existence of any element of the offense, and, if the court finds that a reasonable juror might believe that evidence, the defendant is entitled to a jury instruction that the jury must consider whether the evidence raises a reasonable doubt as to the defendant's guilt.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 302
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 303
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 3. Proving and Disproving Criminal Guilt
§ 303. Credible evidence to support defenses
(a) No defense defined by this Criminal Code or by another statute may be considered by the jury unless the court is satisfied that some credible evidence supporting the defense has been presented.
(b) Evidence supports a defense when it tends to establish the existence of each element of the defense.
(c) If some credible evidence supporting a defense is presented, the defendant is entitled to a jury instruction that the jury must acquit the defendant if they find that the evidence raises a reasonable doubt as to the defendant's guilt.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 59 Laws 1974, ch. 547, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 303
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 304
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 3. Proving and Disproving Criminal Guilt
§ 304. Defendant's affirmative defenses; prove by preponderance of evidence
(a) When a defense declared by this Criminal Code or by another statute to be an affirmative defense is raised at trial, the defendant has the burden of establishing it by a preponderance of the evidence.
(b) Unless the court determines that no reasonable juror could find an affirmative defense established by a preponderance of the evidence presented by the defendant, the defendant is entitled to a jury instruction that the jury must acquit the defendant if they find the affirmative defense established by a preponderance of the evidence.
(c) An affirmative defense is established by a preponderance of the evidence when the jury is persuaded that the evidence makes it more likely than not that each element of the affirmative defense existed at the required time.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 304
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 305
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 3. Proving and Disproving Criminal Guilt
§ 305. Exemption from criminal liability; affirmative defense to be proved by defendant
When this Criminal Code or another statute specifically exempts a person or activity from the scope of its application and the defendant contends that the defendant is legally entitled to be exempted thereby, the burden is on the defendant to prove, as an affirmative defense, facts necessary to bring the defendant within the exemption.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 305
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 306
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 3. Proving and Disproving Criminal Guilt
§ 306. No conclusive presumptions; rebuttable presumptions and proof thereof
(a) There are no conclusive presumptions in this Criminal Code, and all conclusive presumptions formerly existing in the criminal law of this State are hereby abolished.
(b) Rebuttable presumptions formerly existing in the criminal law of this State are preserved except to the extent that they are inconsistent with this Criminal Code.
(c) Notwithstanding any other provision of this Criminal Code, the following rebuttable presumptions are expressly preserved:
(1) A person is presumed to intend the natural and probable consequences of the person's act.
(2) A person found in possession of goods acquired as a result of the commission of a recent crime is presumed to have committed the crime.
(d) Proof of a fact tending to create a rebuttable presumption not inconsistent with this Criminal Code or a presumption created by this Criminal Code constitutes prima facie evidence of the presumed conclusion.
(e) The court may tell the jury of the existence of the presumption, and if it does so the defendant is entitled to a jury instruction that the presumption does not relieve the State of its burden of proving guilt beyond a reasonable doubt. Nevertheless, the jury may convict the defendant, despite the existence of evidence tending to rebut the presumption, if they find no reasonable doubt about the defendant's guilt.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 59 Laws 1973, ch. 203, § 2; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 306
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 307
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 3. Proving and Disproving Criminal Guilt
§ 307. Jury inference of defendant's intention, recklessness, knowledge or belief
(a) The defendant's intention, recklessness, knowledge or belief at the time of the offense for which the defendant is charged may be inferred by the jury from the circumstances surrounding the act the defendant is alleged to have done. In making the inference permitted by this section, the jury may consider whether a reasonable person in the defendant's circumstances at the time of the offense would have had or lacked the requisite intention, recklessness, knowledge or belief.
(b) When the defendant's intention, recklessness, knowledge or belief is an element of an offense, it is sufficient to establish a prima facie case for the State to prove circumstances surrounding the act which the defendant is alleged to have done from which a reasonable juror might infer that the defendant's intention, recklessness, knowledge or belief was of the sort required for commission of the offense.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 307
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 308
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 3. Proving and Disproving Criminal Guilt
§ 308. Construction of provisions allowing no defense
When a provision of this Criminal Code expressly denies the applications of a specific defense, no inference is thereby created that any other defense is valid.
CREDIT(S)
58 Laws 1972, ch. 497, § 1.
Codifications: 11 Del.C. 1953, § 308
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 401
Effective: April 19, 2012
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 4. Defenses to Criminal Liability
§ 401. Mental illness or psychiatric disorder
(a) In any prosecution for an offense, it is an affirmative defense that, at the time of the conduct charged, as a result of mental illness or serious mental disorder, the accused lacked substantial capacity to appreciate the wrongfulness of the accused's conduct. If the defendant prevails in establishing the affirmative defense provided in this subsection, the trier of fact shall return a verdict of "not guilty by reason of insanity."
(b)
Where the trier of fact determines that, at the time of the conduct charged, a
defendant suffered from a mental illness or serious mental disorder which
substantially disturbed such person's thinking, feeling or behavior and/
(c) It shall not be a defense under this section if the alleged insanity or mental illness was proximately caused by the voluntary ingestion, inhalation or injection of intoxicating liquor, any drug or other mentally debilitating substance, or any combination thereof, unless such substance was prescribed for the defendant by a licensed health care practitioner and was used in accordance with the directions of such prescription. As used in this chapter, the terms "insanity" or "mental illness" do not include an abnormality manifested only by repeated criminal or other antisocial conduct.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 63 Laws 1982, ch. 328, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 76 Laws 2007, ch. 141, §§ 1, 2, eff. July 17, 2007; 78 Laws 2012, ch. 224, §§ 2, 3, eff. April 19, 2012.
Codifications: 11 Del.C. 1953, § 401
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 402
Effective: April 19, 2012
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 4. Defenses to Criminal Liability
§ 402. Rules to prescribe procedures for psychiatric examination; testimony of psychiatrist or other expert
(a) The procedures for examination of the accused by the accused's own psychiatrist or by a psychiatrist employed by the State and the circumstances under which such an examination will be permitted may be prescribed by rules of the court having jurisdiction over the offense.
(b) A psychiatrist or other expert testifying at trial concerning the mental condition of the accused shall be permitted to make a statement as to the nature of the examination, the psychiatrist's or expert's diagnosis of the mental condition of the accused at the time of the commission of the offense charged and the psychiatrist's or expert's opinion as to the extent, if any, to which the capacity of the accused to appreciate the wrongfulness of the accused's conduct or to choose whether the accused would do the act or refrain from doing it or to have a particular state of mind which is an element of the offense charged was impaired as a result of mental illness or serious mental disorder at that time. The psychiatrist or expert shall be permitted to make any explanation reasonably serving to clarify the diagnosis and opinion and may be cross-examined as to any matter bearing on the psychiatrist's or expert's competence or credibility or the validity of the diagnosis or opinion.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 78 Laws 2012, ch. 224, § 4, eff. April 19, 2012.
Codifications: 11 Del.C. 1953, § 402
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 403
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 4. Defenses to Criminal Liability
§ 403. Verdict of "not guilty by reason of insanity"; commitment to Delaware Psychiatric Center of persons no longer endangering the public safety; periodic review of commitments to Delaware Psychiatric Center; participation of patient in treatment program
(a) Upon the rendition of a verdict of "not guilty by reason of insanity," the court shall, upon motion of the Attorney General, order that the person so acquitted shall forthwith be committed to the Delaware Psychiatric Center.
(b) Except as provided in subsection (c) below, a person committed, confined or transferred to the Delaware Psychiatric Center in accordance with subsection (a) of this section, § 404, § 405, § 406 or § 408 of this title (referred to herein as "the patient") shall be kept there at all times in a secured building until the Superior Court of the county wherein the case would be tried or was tried is satisfied that the public safety will not be endangered by the patient's release. The Superior Court shall without special motion reconsider the necessity of continued detention of a patient thus committed after the patient has been detained for 1 year. The Court shall thereafter reconsider the patient's detention upon petition on the patient's behalf or whenever advised by the Psychiatric Center that the public safety will not be endangered by the patient's release.
(c)(1) Upon petition by a patient confined pursuant to this section, § 404, § 405, § 406 or § 408 of this title, or upon petition by the Center Director of the Delaware Psychiatric Center, the Court may permit housing in an unsecured building or participation by the patient in any treatment program that is offered by the Center, which requires or provides that the patient be placed outside a secured building. Such participation shall include, but not be limited to, employment off hospital grounds, job interviews, family visits and other activities inside and outside the Center, as may be prescribed by the Medical Director in the interest of rehabilitation.
(2) The petition shall include an affidavit from the Medical Director which states that the patient has not exhibited dangerous behavior during the last year of confinement and that in the opinion of the Medical Director, the patient will benefit from such participation.
(3) The petition shall set forth any specific treatment program being sought; the specific goals and course of treatment involved; and a schedule for periodic judicial reevaluation of the patient's treatment status, all of which shall be subject to the Court's approval and modification.
(4) Copies of the petition shall be served on the Attorney General, the Medical Director and the patient or the patient's counsel or guardian.
(5)
There shall be a judicial hearing on the petition, and any person or agency
served with a copy of the petition, or a representative of such person or
agency, shall have the right to testify, present evidence and/
(6) Upon conclusion of a hearing on a petition pursuant to this section, the Court may approve, modify or disapprove any request or matter within the petition. If the patient's participation in any treatment program is approved, such approval or participation shall be effective for not longer than 6 months from the date of the judge's signature on the petition or order permitting such participation. Immediately prior to the conclusion of the 6-month period, the Center Director shall report to the Court on the patient's status, and make recommendations. Any authorization by the Court for continued participation by the patient in any authorized treatment programs may be extended, modified or discontinued at the end of the effective period with or without further hearings, as the Court may determine.
(d) Any treatment program approved by the Court under this section may be terminated by the Medical Director of the Delaware Psychiatric Center. When a treatment program is terminated earlier than its court-approved expiration date, the Medical Director shall immediately notify the Superior Court. The Superior Court shall, after giving appropriate notice, hear the matter and review the decision of the Medical Director. At such termination hearing, the patient shall have such rights as are provided for other hearings under this section, including the right to counsel, the right to present evidence and the right to cross-examine witnesses. Where the Medical Director's decision to terminate is based upon the patient's mental or psychological condition, the patient may be examined by an independent psychiatrist or other qualified expert; provided, however, that the termination hearing shall not be held until such examination has been finally concluded.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 63 Laws 1982, ch. 428, §§ 1-3; 65 Laws 1985, ch. 90, §§ 1, 2; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 70 Laws 1996, ch. 550, § 1, eff. July 18, 1996.
Codifications: 11 Del.C. 1953, § 403
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 404
Effective: April 19, 2012
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 4. Defenses to Criminal Liability
§ 404. Confinement in Delaware Psychiatric Center of persons too mentally ill to stand trial; requiring State to prove prima facie case in such circumstances; adjustment of sentences
(a) Whenever the court is satisfied, after hearing, that an accused person, because of mental illness or serious mental disorder, is unable to understand the nature of the proceedings against the accused, or to give evidence in the accused's own defense or to instruct counsel on the accused's own behalf, the court may order the accused person to be confined and treated in the Delaware Psychiatric Center until the accused person is capable of standing trial. However, upon motion of the defendant, the court may conduct a hearing to determine whether the State can make out a prima facie case against the defendant, and if the State fails to present sufficient evidence to constitute a prima facie case, the court shall dismiss the charge. This dismissal shall have the same effect as a judgment of acquittal.
(b) When the court finds that the defendant is capable of standing trial, the defendant may be tried in the ordinary way, but the court may make any adjustment in the sentence which is required in the interest of justice, including a remission of all or any part of the time spent in the Psychiatric Center.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 59 Laws 1973, ch. 203, § 3; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 70 Laws 1996, ch. 550, § 1, eff. July 18, 1996; 78 Laws 2012, ch. 224, § 5, eff. April 19, 2012.
Codifications: 11 Del.C. 1953, § 404
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 405
Effective: April 19, 2012
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 4. Defenses to Criminal Liability
§ 405. Confinement in Delaware Psychiatric Center of persons developing mental illness after conviction but before sentencing; adjustment of sentences
(a) Whenever the court is satisfied that a prisoner has developed a mental illness after conviction but before sentencing so that the prisoner is unable understandingly to participate in the sentencing proceedings, and if the court is satisfied that a sentence of imprisonment may be appropriate, the court may order the prisoner to be confined and treated in the Delaware Psychiatric Center until the prisoner is capable of participating in the sentencing proceedings.
(b) When the court finds that the prisoner is capable of participating in the sentencing proceedings, the prisoner may be sentenced in the ordinary way, but the court may make any adjustment in the sentence which is required in the interest of justice, including a remission of all or any part of the time spent in the Psychiatric Center.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 70 Laws 1996, ch. 550, § 1, eff. July 18, 1996; 78 Laws 2012, ch. 224, §§ 6, 7, eff. April 19, 2012.
Codifications: 11 Del.C. 1953, § 405
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 406
Effective: April 19, 2012
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 4. Defenses to Criminal Liability
§ 406. Transfer of convicted persons becoming mentally disabled from prison to Delaware Psychiatric Center; appointment of physicians to conduct inquiry; expenses of transfer
(a) Whenever in any case it appears to the Superior Court, upon information received from the Department of Health and Social Services, that a prisoner confined with the Department has developed a mental illness after conviction and sentence, the Court may appoint 2 reputable practicing physicians to inquire of the mental condition of the prisoner and make report of their finding to the Court within 2 days from the date of their appointment, by writing under their hands and seals. Should the report of the physicians be that the prisoner has a mental illness, the prisoner shall at once be ordered by the Court transferred from the prison facility where the prisoner is confined to the Delaware Psychiatric Center.
(b) The expenses of the removal of such a person with a mental illness and of admission into such Psychiatric Center and maintenance therein up and until the time the person is discharged by the Court shall be borne by the State. If any such a person with a mental illness has any real or personal estate, the Department of Health and Social Services shall have for the expenses and charges so incurred the same remedy as is provided in § 5127 of Title 16.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 70 Laws 1996, ch. 550, § 1, eff. July 18, 1996; 78 Laws 2012, ch. 224, § 8, eff. April 19, 2012.
Codifications: 11 Del.C. 1953, § 406
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 407
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 4. Defenses to Criminal Liability
§ 407. Repealed
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 408
Effective: April 19, 2012
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 4. Defenses to Criminal Liability
§ 408. Verdict of "guilty, but mentally ill"--Sentence; confinement; discharge from treating facility
(a) Where a defendant's defense is based upon allegations which, if true, would be grounds for a verdict of "guilty, but mentally ill" or the defendant desires to enter a plea to that effect, no finding of "guilty, but mentally ill" shall be rendered until the trier of fact has examined all appropriate reports (including the presentence investigation); has held a hearing on the sole issue of the defendant's mental illness, at which either party may present evidence; and is satisfied that the defendant did in fact have a mental illness at the time of the offense to which the plea is entered. Where the trier of fact, after such hearing, is not satisfied that the defendant had a mental illness at the time of the offense, or determines that the facts do not support a "guilty, but mentally ill" plea, the trier of fact shall strike such plea, or permit such plea to be withdrawn by the defendant. A defendant whose plea is not accepted by the trier of fact shall be entitled to a jury trial, except that if a defendant subsequently waives the right to a jury trial, the judge who presided at the hearing on mental illness shall not preside at the trial.
(b) In a trial under this section a defendant found guilty but mentally ill, or whose plea to that effect is accepted, may have any sentence imposed which may lawfully be imposed upon any defendant for the same offense. Such defendant shall be committed into the custody of the Department of Correction, and shall undergo such further evaluation and be given such immediate and temporary treatment as is psychiatrically indicated. The Commissioner shall retain exclusive jurisdiction over such person in all matters relating to security. The Commissioner shall thereupon confine such person in the Delaware Psychiatric Center, or other suitable place for the residential treatment of criminally mentally ill individuals under the age of 18 who have been found nonamenable to the processes of Family Court. Although such person shall remain under the jurisdiction of the Department of Correction, decisions directly related to treatment for the mental illness for individuals placed at the Delaware Psychiatric Center, shall be the joint responsibility of the Director of the Division of Substance Abuse and Mental Health and those persons at the Delaware Psychiatric Center who are directly responsible for such treatment. The Delaware Psychiatric Center, or any other residential treatment facility to which the defendant is committed by the Commissioner, shall have the authority to discharge the defendant from the facility and return the defendant to the physical custody of the Commissioner whenever the facility believes that such a discharge is in the best interests of the defendant. The offender may, by written statement, refuse to take any drugs which are prescribed for treatment of the offender's mental illness; except when such a refusal will endanger the life of the offender, or the lives or property of other persons with whom the offender has contact.
(c) When the Psychiatric Center or other treating facility designated by the Commissioner discharges an offender prior to the expiration of such person's sentence, the treating facility shall transmit to the Commissioner and to the Parole Board a report on the condition of the offender which contains the clinical facts; the diagnosis; the course of treatment, and prognosis for the remission of symptoms; the potential for the recidivism, and for danger to the offender's own person or the public; and recommendations for future treatment. Where an offender under this section is sentenced to the Psychiatric Center or other facility, the offender shall not be eligible for any privileges not permitted in writing by the Commissioner (including escorted or unescorted on-grounds or off-grounds privileges) until the offender has become eligible for parole. Where the court finds that the offender, before completing the sentence, no longer needs nor could benefit from treatment for the offender's mental illness, the offender shall be remanded to the Department of Correction. The offender shall have credited toward the sentence the time served at the Psychiatric Center or other facility.
(d) No individual under the age of 18 shall be placed at the Delaware Psychiatric Center. Nothing herein shall prevent either the transfer to or placement at the Delaware Psychiatric Center any person who has reached the age of 18 following any finding of guilty, but mentally ill.
CREDIT(S)
63 Laws 1982, ch. 328, § 2; 64 Laws 1984, ch. 467, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 70 Laws 1996, ch. 550, § 1, eff. July 18, 1996; 73 Laws 2001, ch. 41, § 1, eff. June 11, 2001; 76 Laws 2008, ch. 322, §§ 1-3, eff. July 9, 2008; 78 Laws 2012, ch. 224, § 9, eff. April 19, 2012.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 409
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 4. Defenses to Criminal Liability
§ 409. Verdict of "guilty, but mentally ill"--Parole; probation
(a) A person who has been adjudged "guilty, but mentally ill" and who during incarceration is discharged from treatment may be placed on prerelease or parole status under the same terms and laws applicable to any other offender. Psychological or psychiatric counseling and treatment may be required as a condition for such status. Failure to continue treatment, except by agreement of the Department of Correction, shall be a basis for terminating prerelease status or instituting parole violation hearings.
(b) If the report of the Delaware Psychiatric Center or other facility recommends parole, the paroling authority shall within 45 days or at the expiration of the offender's minimum sentence, whichever is later, meet to consider the offender's request for parole. If the report does not recommend parole, but other laws or administrative rules of the Department permit parole, the paroling authority may meet to consider a parole request. When the paroling authority considers the offender for parole, it shall consult with the State Hospital or other facility at which the offender had been treated, or from which the offender has been discharged.
(c) If an offender who has been found "guilty, but mentally ill" is placed on probation, the court, upon recommendation by the Attorney General, shall make treatment a condition of probation. Reports as specified by the trial judge shall be filed with the probation officer, and the sentencing court. Treatment shall be provided by an agency of the State or, with the approval of the sentencing court and at individual expense, private agencies, private physicians or other mental health personnel.
CREDIT(S)
63 Laws 1982, ch. 328, § 2; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 70 Laws 1996, ch. 550, § 1.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 421
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 4. Defenses to Criminal Liability
§ 421. Voluntary intoxication
The fact that a criminal act was committed while the person committing such act was in a state of intoxication, or was committed because of such intoxication, is no defense to any criminal charge if the intoxication was voluntary.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 59 Laws 1973, ch. 103, § 1; 59 Laws 1973, ch. 203, § 37; 60 Laws 1976, ch. 680, § 1.
Codifications: 11 Del.C. 1953, § 421
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 422
Effective: April 19, 2012
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 4. Defenses to Criminal Liability
§ 422. Intoxication not mental illness
Evidence of voluntary intoxication shall not be admissible for the purpose of proving the existence of mental illness, mental defect, serious mental disorder or psychiatric disorder within the meaning of § 401 of this title.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 71 Laws 1997, ch. 153, § 1, eff. July 9, 1997; 78 Laws 2012, ch. 224, § 10, eff. April 19, 2012.
Codifications: 11 Del.C. 1953, § 422
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 423
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 4. Defenses to Criminal Liability
§ 423. Involuntary intoxication as a defense
In any prosecution for an offense it is a defense that, as a result of intoxication which is not voluntary, the actor at the time of the conduct lacked substantial capacity to appreciate the wrongfulness of the conduct or to perform a material element of the offense, or lacked sufficient willpower to choose whether the person would do the act or refrain from doing it.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 423
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 424
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 4. Defenses to Criminal Liability
§ 424. Definitions relating to intoxication
As used in §§ 421-423 of this title:
(1) "Intoxication" means the inability, resulting from the introduction of substances into the body, to exercise control over one's mental faculties.
(2) "Voluntary intoxication" means intoxication caused by substances which the actor knowingly introduces into the actor's body, the tendency of which to cause intoxication the actor knows or should know, unless the actor introduces them pursuant to medical advice or under such duress as would afford a defense to a prosecution for a criminal offense.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 424
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 431
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 4. Defenses to Criminal Liability
§ 431. Duress as affirmative defense; defense unavailable in certain situations
(a) In any prosecution for an offense, it is an affirmative defense that the defendant engaged in the conduct charged to constitute the offense because the defendant was coerced to do so by the use of, or a threat to use, force against the defendant's person or the person of another, which a reasonable person in the defendant's situation would have been unable to resist.
(b) The defense provided by subsection (a) of this section is unavailable if the defendant intentionally or recklessly placed himself or herself in a situation in which it was probable that the defendant would be subjected to duress.
(c) It is not a defense that a woman acted on the command of her husband, unless she acted under such coercion as would establish a defense under this section. The presumption that a woman acting in the presence of her husband is coerced is abolished.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 431
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 432
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 4. Defenses to Criminal Liability
§ 432. Entrapment as affirmative defense; defense unavailable in certain situations
(a) In any prosecution for an offense, it is an affirmative defense that the accused engaged in the proscribed conduct because the accused was induced by a law-enforcement official or the law-enforcement official's agent who is acting in the knowing cooperation with such an official to engage in the proscribed conduct constituting such conduct which is a crime when such person is not otherwise disposed to do so. The defense of entrapment as defined by this Criminal Code concedes the commission of the act charged but claims that it should not be punished because of the wrongdoing of the officer originates the idea of the crime and then induces the other person to engage in conduct constituting such a crime when the other person is not otherwise disposed to do so.
(b) The defense afforded by subsection (a) of this section is unavailable when causing or threatening physical injury is an element of the offense charged and the prosecution is based on conduct causing or threatening such injury to a person other than the person perpetrating the entrapment.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 59 Laws 1973, ch. 203, § 38; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 432
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 441
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 4. Defenses to Criminal Liability
§ 441. Ignorance or mistake of fact as defense
In any prosecution for an offense, it is a defense that the accused engaged in the conduct charged to constitute the offense under ignorance or mistake of fact if:
(1) The ignorance or mistake negatives the state of mind for the commission of the offense; or
(2) The statute defining the offense or a statute related thereto expressly provides that the ignorance or mistake constitutes a defense or exemption; or
(3) The ignorance or mistake is of a kind that supports a defense of justification as defined in this Criminal Code.
CREDIT(S)
58 Laws 1972, ch. 497, § 1.
Codifications: 11 Del.C. 1953, § 441
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 451
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 4. Defenses to Criminal Liability
§ 451. Consent of victim to acts not involving physical injury as defense
In any prosecution for an offense, it is a defense that the victim consented to the act done, provided that:
(1) The act did not involve or threaten physical injury; and
(2) Such consent negatives an element of the offense.
Any person who enters the presence of other people consents to the normal physical contacts incident to such presence.
CREDIT(S)
58 Laws 1972, ch. 497, § 1.
Codifications: 11 Del.C. 1953, § 451
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 452
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 4. Defenses to Criminal Liability
§ 452. Consent of victim to inflictions of physical injury as defense
In any prosecution for an offense involving or threatening physical injury, it is a defense that the victim consented to the infliction of physical injury of the kind done or threatened, provided that:
(1) The physical injury done or threatened by the conduct consented to is not serious physical injury; or
(2) The physical injury done or threatened is a reasonably foreseeable hazard of joint participation in any concerted activity, athletic contest or sport not prohibited by law.
CREDIT(S)
58 Laws 1972, ch. 497, § 1.
Codifications: 11 Del.C. 1953, § 452
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 453
Effective: April 19, 2012
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 4. Defenses to Criminal Liability
§ 453. Circumstances negativing consent as defense
Unless otherwise provided by this Criminal Code or by the law defining the offense, consent of the victim does not constitute a defense if:
(1) It is given by a person who is legally incompetent to authorize the conduct charged to constitute the offense unless the defendant believes the victim is legally competent; or
(2) It is given by a person who, because of youth, mental illness, mental condition, mental defect, serious mental disorder, psychiatric disorder or intoxication is manifestly unable or known by the defendant to be unable to make a reasonable judgment as to the nature or harmfulness of the conduct charged to constitute the offense; or
(3) It is given by a person whose improvident consent is sought to be prevented by the law defining the offense; or
(4) It is induced by force, duress or deception.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 78 Laws 2012, ch. 224, § 11, eff. April 19, 2012.
Codifications: 11 Del.C. 1953, § 453
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 454
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 4. Defenses to Criminal Liability
§ 454. Knowledge of victim's age
Notwithstanding any provision of law to the contrary, it is no defense for an offense or sentencing provision defined in this title or in Title 16 or 31 which has as an element of such offense or sentencing provision the age of the victim that the accused did not know the age of the victim or reasonably believed the person to be of an age which would not meet the element of such offense or sentencing provision unless the statute defining such offense or sentencing provision or a statute directly related thereto expressly provides that knowledge of the victim's age is an element of the offense or that lack of such knowledge is a defense.
CREDIT(S)
73 Laws 2001, ch. 126, § 2, eff. July 9, 2001.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 461
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 4. Defenses to Criminal Liability
§ 461. Justification--A defense
In any prosecution for an offense, justification, as defined in §§ 462-471 of this title, is a defense.
CREDIT(S)
58 Laws 1972, ch. 497, § 1.
Codifications: 11 Del.C. 1953, § 461
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 462
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 4. Defenses to Criminal Liability
§ 462. Justification--Execution of public duty
(a) Unless inconsistent with the ensuing sections of this Criminal Code defining justifiable use of physical force, or with some other provision of law, conduct which would otherwise constitute an offense is justifiable when it is required or authorized by a provision of law or by a judicial decree, including:
(1) Laws defining duties and functions of public officers;
(2) Laws defining duties of private citizens to assist public servants in the performance of certain of their functions;
(3) Laws governing the execution of legal process;
(4) Laws governing the military services and the conduct of war; and
(5) Judgments or orders of competent courts or tribunals.
(b) The justification afforded by subsection (a) of this section applies when:
(1) The defendant's conduct is required or authorized by the judgment or order of a competent court or tribunal or in the lawful execution of legal process, notwithstanding lack of jurisdiction of the court or defect in the legal process; or
(2) The defendant believes the conduct to be required or authorized to assist a public officer in the performance of the officer's duties, notwithstanding that the officer exceeded the officer's legal authority.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 59 Laws 1973, ch. 203, § 4; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 462
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 463
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 4. Defenses to Criminal Liability
§ 463. Justification--Choice of evils
Unless inconsistent with the ensuing sections of this Criminal Code defining justifiable use of physical force, or with some other provisions of law, conduct which would otherwise constitute an offense is justifiable when it is necessary as an emergency measure to avoid an imminent public or private injury which is about to occur by reason of a situation occasioned or developed through no fault of the defendant, and which is of such gravity that, according to ordinary standards of intelligence and morality, the desirability and urgency of avoiding such injury clearly outweigh the desirability of avoiding the injury sought to be prevented by the statute defining the offense in issue. The necessity and justifiability of such conduct may not rest upon considerations pertaining only to the morality and advisability of the statute, either in its general application or with respect to its application to a particular class of cases arising thereunder.
CREDIT(S)
58 Laws 1972, ch. 497, § 1.
Codifications: 11 Del.C. 1953, § 463
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 464
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 4. Defenses to Criminal Liability
§ 464. Justification--Use of force in self-protection
(a) The use of force upon or toward another person is justifiable when the defendant believes that such force is immediately necessary for the purpose of protecting the defendant against the use of unlawful force by the other person on the present occasion.
(b) Except as otherwise provided in subsections (d) and (e) of this section, a person employing protective force may estimate the necessity thereof under the circumstances as the person believes them to be when the force is used, without retreating, surrendering possession, doing any other act which the person has no legal duty to do or abstaining from any lawful action.
(c) The use of deadly force is justifiable under this section if the defendant believes that such force is necessary to protect the defendant against death, serious physical injury, kidnapping or sexual intercourse compelled by force or threat.
(d) The use of force is not justifiable under this section to resist an arrest which the defendant knows or should know is being made by a peace officer, whether or not the arrest is lawful.
(e) The use of deadly force is not justifiable under this section if:
(1) The defendant, with the purpose of causing death or serious physical injury, provoked the use of force against the defendant in the same encounter; or
(2) The defendant knows that the necessity of using deadly force can be avoided with complete safety by retreating, by surrendering possession of a thing to a person asserting a claim of right thereto or by complying with a demand that the defendant abstain from performing an act which the defendant is not legally obligated to perform except that:
a. The defendant is not obliged to retreat in or from the defendant's dwelling; and
b. The defendant is not obliged to retreat in or from the defendant's place of work, unless the defendant was the initial aggressor; and
c. A public officer justified in using force in the performance of the officer's duties, or a person justified in using force in assisting an officer or a person justified in using force in making an arrest or preventing an escape, need not desist from efforts to perform the duty or make the arrest or prevent the escape because of resistance or threatened resistance by or on behalf of the person against whom the action is directed.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 59 Laws 1973, ch. 203, § 5; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 464
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 465
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 4. Defenses to Criminal Liability
§ 465. Justification--Use of force for the protection of other persons
(a) The use of force upon or toward the person of another is justifiable to protect a third person when:
(1) The defendant would have been justified under § 464 of this title in using such force to protect the defendant against the injury the defendant believes to be threatened to the person whom the defendant seeks to protect; and
(2) Under the circumstances as the defendant believes them to be, the person whom the defendant seeks to protect would have been justified in using such protective force; and
(3) The defendant believes that intervention is necessary for the protection of the other person.
(b) Although the defendant would have been obliged under § 464 of this title to retreat, to surrender the possession of a thing or to comply with a demand before using force in self-protection, there is no obligation to do so before using force for the protection of another person, unless the defendant knows that the defendant can thereby secure the complete safety of the other person.
(c) When the person whom the defendant seeks to protect would have been obliged under § 464 of this title to retreat, to surrender the possession of a thing or to comply with a demand if the person knew that the person could obtain complete safety by so doing, the defendant is obliged to try to cause the person to do so before using force in the person's protection if the actor knows that complete safety can be secured in that way.
(d) Neither the defendant nor the person whom the defendant seeks to protect is obliged to retreat when in the other's dwelling or place of work to any greater extent than in their own.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 465
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 466
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 4. Defenses to Criminal Liability
§ 466. Justification--Use of force for the protection of property
(a) The use of force upon or toward the person of another is justifiable when the defendant believes that such force is immediately necessary:
(1) To prevent the commission of criminal trespass or burglary in a building or upon real property in the defendant's possession or in the possession of another person for whose protection the defendant acts; or
(2) To prevent entry upon real property in the defendant's possession or in the possession of another person for whose protection the defendant acts; or
(3) To prevent theft, criminal mischief or any trespassory taking of tangible, movable property in the defendant's possession or in the possession of another person for whose protection the defendant acts.
(b) The defendant may in the circumstances named in subsection (a) of this section use such force as the defendant believes is necessary to protect the threatened property, provided that the defendant first requests the person against whom force is used to desist from interference with the property, unless the defendant believes that:
(1) Such a request would be useless; or
(2) It would be dangerous to the defendant or another person to make the request; or
(3) Substantial harm would be done to the physical condition of the property which is sought to be protected before the request could effectively be made.
(c) The use of deadly force for the protection of property is justifiable only if the defendant believes that:
(1) The person against whom the force is used is attempting to dispossess the defendant of the defendant's dwelling otherwise than under a claim of right to its possession; or
(2) The person against whom the deadly force is used is attempting to commit arson, burglary, robbery or felonious theft or property destruction and either:
a. Had employed or threatened deadly force against or in the presence of the defendant; or
b. Under the circumstances existing at the time, the defendant believed the use of force other than deadly force would expose the defendant, or another person in the defendant's presence, to the reasonable likelihood of serious physical injury.
(d) Where a person has used force for the protection of property and has not been convicted for any crime or offense connected with that use of force, such person shall not be liable for damages or be otherwise civilly liable to the one against whom such force was used.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 62 Laws 1980, ch. 266, §§ 1, 2; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 466
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 467
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 4. Defenses to Criminal Liability
§ 467. Justification--Use of force in law enforcement
(a) The use of force upon or toward the person of another is justifiable when:
(1) The defendant is making an arrest or assisting in making an arrest and believes that such force is immediately necessary to effect the arrest; or
(2) The defendant is attempting to arrest an individual that has taken a hostage, and refused to comply with an order to release the hostage; and
a. The defendant believes that the use of force is necessary to prevent physical harm to any person taken hostage; or
b. The defendant has been ordered by an individual the defendant believes possesses superior authority or knowledge to apply the use of force.
(b) The use of force is not justifiable under this section unless:
(1) The defendant makes known the purpose of the arrest or believes that it is otherwise known or cannot reasonably be made known to the person to be arrested; and
(2) When the arrest is made under a warrant, the warrant is valid or believed by the defendant to be valid; or
(3) When the arrest is made without a warrant, the defendant believes the arrest to be lawful.
(c) The use of deadly force is justifiable under this section if all other reasonable means of apprehension have been exhausted, and:
(1) The defendant believes the arrest is for any crime involving physical injury or threat thereof, and the deadly force is directed at a vehicle to disable it for the purpose of effecting the arrest, or the defendant believes the arrest is for a felony involving physical injury or threat thereof;
(2) The defendant believes that the force employed creates no substantial risk of injury to innocent persons; and
(3) The defendant believes that there is a substantial risk that the person to be arrested will cause death or serious physical injury, or will never be captured if apprehension is delayed.
(d) The use of force to prevent the escape of an arrested person from custody is justifiable when the force could justifiably have been employed to effect the arrest under which the person is in custody, except that a guard or other person authorized to act as a peace officer is justified in using any force, including deadly force, which the person believes to be immediately necessary to prevent the escape of a person from a jail, prison or other institution for the detention of persons charged with or convicted of a crime.
(e) The use of force upon or toward the person of another is justifiable when the defendant believes that such force is immediately necessary to prevent such other person from committing suicide, inflicting serious physical injury upon the person's self or committing a crime involving or threatening physical injury, damage to or loss of property or a breach of the peace, except that the use of deadly force is not justifiable under this subsection unless:
(1) The defendant believes that there is a substantial risk that the person whom the defendant seeks to prevent from committing a crime will cause death or serious physical injury to another unless the commission of the crime is prevented and that the use of deadly force presents no substantial risk of injury to innocent persons; or
(2) The defendant believes that the use of deadly force is necessary to suppress a riot or mutiny after the rioters or mutineers have been ordered to disperse and warned, in any manner that the law may require, that such force will be used if they do not obey.
(f) The use of deadly force is justifiable under this section if the defendant is attempting to arrest an individual that has taken a hostage, and has refused to comply with an order to release the hostage; and
(1) The defendant believes that the use of force is necessary to prevent physical harm to any person taken hostage, or the defendant has been ordered by an individual the defendant believes possesses superior authority or knowledge to apply the use of force; and
(2) The defendant believes that the force employed creates no substantial risk of injury to innocent persons; and
(3) The defendant or a person of superior authority or knowledge who order the use of deadly force believes that there is a substantial risk that the person to be arrested will cause death or serious physical injury.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 59 Laws 1973, ch. 203, § 6; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 75 Laws 2005, ch. 180, §§ 1, 2, eff. July 12, 2005.
Codifications: 11 Del.C. 1953, § 467
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 468
Effective: April 19, 2012
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 4. Defenses to Criminal Liability
§ 468. Justification--Use of force by persons with special responsibility for care, discipline or safety of others
The use of force upon or toward the person of another is justifiable if it is reasonable and moderate and:
(1) The defendant is the parent, guardian, foster parent, legal custodian or other person similarly responsible for the general care and supervision of a child, or a person acting at the request of a parent, guardian, foster parent, legal custodian or other responsible person, and:
a. The force is used for the purpose of safeguarding or promoting the welfare of the child, including the prevention or punishment of misconduct; and
b. The force used is intended to benefit the child, or for the special purposes listed in paragraphs (2)a., (3)a., (4)a., (5), (6) and (7) of this section. The size, age, condition of the child, location of the force and the strength and duration of the force shall be factors considered in determining whether the force used is reasonable and moderate; but
c. The force shall not be justified if it includes, but is not limited to, any of the following: Throwing the child, kicking, burning, cutting, striking with a closed fist, interfering with breathing, use of or threatened use of a deadly weapon, prolonged deprivation of sustenance or medication, or doing any other act that is likely to cause or does cause physical injury, disfigurement, mental distress, unnecessary degradation or substantial risk of serious physical injury or death; or
(2) The defendant is a teacher or a person otherwise entrusted with the care or supervision of a child for a special purpose, and:
a. The defendant believes the force used is necessary to further the special purpose, including the maintenance of reasonable discipline in a school, class or other group, and that the use of force is consistent with the welfare of the child; and
b. The degree of force, if it had been used by the parent, guardian, foster parent or legal custodian of the child, would be justifiable under paragraph (1)a. and b. of this section and not enumerated under paragraph (1)c. of this section; or
(3) The defendant is the guardian or other person similarly responsible for the general care and supervision of a person who is incompetent, and:
a. The force is used for the purpose of safeguarding or promoting the welfare of the person who is incompetent, including the prevention of misconduct, or, when such person who is incompetent is in a hospital or other institution for care and custody, for the maintenance of reasonable discipline in such institution; and
b. The force used is reasonable and moderate; the size, age, condition of the person who is incompetent, location of the force and the strength and duration of the force shall be factors considered in determining whether the force used is reasonable and moderate; and
c. The force is not enumerated under paragraph (1)c. of this section; and
d. The force is not proscribed as abuse or mistreatment under Chapter 11 of Title 16; or
(4) The defendant is a doctor or other therapist or a person assisting at the doctor's or other therapist's direction, and:
a. The force is used for the purpose of administering a recognized form of treatment which the defendant believes to be adapted to promoting the physical or mental health of the patient; and
b. The treatment is administered with the consent of the patient or, if the patient is a minor or a person who is incompetent, with the consent of a parent, guardian or other person legally competent to consent in the patient's behalf, or the treatment is administered in an emergency when the defendant believes that no one competent to consent can be consulted and that a reasonable person, wishing to safeguard the welfare of the patient, would consent; or
(5) The defendant is a warden or other authorized official of a correctional institution, or a superintendent, administrator or other authorized official of the Division of Youth Rehabilitative Service, and:
a. The defendant believes that the force used is necessary for the purpose of enforcing the lawful rules or procedures of the institution; and
b. The nature or degree of force used is not forbidden by any statute governing the administration of the institution; and
c. If deadly force is used, its use is otherwise justifiable under this Criminal Code; or
(6) The defendant is a person responsible for the safety of a vessel or an aircraft or a person acting at the responsible person's direction, and:
a. The defendant believes that the force used is necessary to prevent interference with the operation of the vessel or aircraft or obstruction of the execution of a lawful order; and
b. If deadly force is used, its use is otherwise justifiable under this Criminal Code; or
(7) The defendant is a person who is authorized or required by law to maintain order or decorum in a vehicle, train or other carrier or in a place where others are assembled, and:
a. The defendant believes that the force used is necessary for such purpose; and
b. The force used is not designed to cause or known to create a substantial risk of causing death, physical injury or extreme mental distress.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 68 Laws 1992, ch. 442, §§ 1, 2, 4; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 78 Laws 2012, ch. 224, §§ 12, 13, eff. April 19, 2012.
Codifications: 11 Del.C. 1953, § 468
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 469
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 4. Defenses to Criminal Liability
§ 469. Justification--Person unlawfully in dwelling
In the prosecution of an occupant of a dwelling charged with killing or injuring an intruder who was unlawfully in said dwelling, it shall be a defense that the occupant was in the occupant's own dwelling at the time of the offense, and:
(1) The encounter between the occupant and intruder was sudden and unexpected, compelling the occupant to act instantly; or
(2) The occupant reasonably believed that the intruder would inflict personal injury upon the occupant or others in the dwelling; or
(3) The occupant demanded that the intruder disarm or surrender, and the intruder refused to do so.
CREDIT(S)
63 Laws 1982, ch. 276, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 470
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 4. Defenses to Criminal Liability
§ 470. Provisions generally applicable to justification
(a) When the defendant believes that the use of force upon or toward the person of another is necessary for any of the purposes for which such relief would establish a justification under §§ 462-468 of this title but the defendant is reckless or negligent in having such belief or in acquiring or failing to acquire any knowledge or belief which is material to the justifiability of the use of force, the justification afforded by those sections is unavailable in a prosecution for an offense for which recklessness or negligence, as the case may be, suffices to establish culpability.
(b) When the defendant is justified under §§ 462-468 of this title in using force upon or toward the person of another but the defendant recklessly or negligently injures or creates a risk of injury to innocent persons, the justification afforded by those sections is unavailable in a prosecution for an offense involving recklessness or negligence towards innocent persons.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 63 Laws 1982, ch. 276, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 469
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 471
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 4. Defenses to Criminal Liability
§ 471. Definitions relating to justification
(a) "Deadly force" means force which the defendant uses with the purpose of causing or which the defendant knows creates a substantial risk of causing death or serious physical injury. Purposely firing a firearm in the direction of another person or at a vehicle in which another person is believed to be constitutes deadly force. A threat to cause death or serious bodily harm, by the production of a weapon or otherwise, so long as the defendant's purpose is limited to creating an apprehension that deadly force will be used if necessary, does not constitute deadly force.
(b) "Dwelling" means any building or structure, though movable or temporary, or a portion thereof, which is for the time being the defendant's home or place of lodging.
(c) "Force," in addition to its ordinary meaning, includes confinement.
(d) "Physical force" means force used upon or directed toward the body of another person.
(e) "Unlawful force" means force which is employed without the consent of the person against whom it is directed and the employment of which constitutes an offense or actionable tort or would constitute such offense or tort except for a defense (such as the absence of intent, negligence or mental capacity; duress; youth; or diplomatic status) not amounting to a privilege to use the force. Assent constitutes consent, within the meaning of this section, whether or not it otherwise is legally effective, except assent to the infliction of death or serious bodily harm.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 63 Laws 1982, ch. 276, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 470
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 475
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 4. Defenses to Criminal Liability
§ 475. Immunity as an affirmative defense
In any prosecution for an offense, it is an affirmative defense that the accused was granted immunity from prosecution for that offense by the Attorney General or a Deputy Attorney General or by court order pursuant to § 3506 of this title. It is also an affirmative defense that the accused was granted immunity from prosecution for a different offense when prosecution for the offense now charged would have been barred by prosecution for the offense as to which immunity was granted under § 208 of this title; provided, that the Attorney General or a Deputy Attorney General may, in granting immunity, stipulate that the immunity applies only to a specific offense, in which case effect shall be given to the stipulation.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 63 Laws 1982, ch. 271, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 475
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 476
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 4. Defenses to Criminal Liability
§ 476. Racketeering activities; excluded defenses
(a) In any prosecution under Chapter 15 of this title where it is alleged that the offender or offenders were acting as members of a group or informal organization it shall be no defense to such prosecution or were engaged in any form of racketeering or racketeering activity, that:
(1) One or more members of the group or organization are not criminally responsible for the offense for which the prosecution is brought;
(2) One or more members of the group or organization have been acquitted, have not been prosecuted or convicted, have been convicted of a different offense or are immune from prosecution;
(3) A different person has been charged with, acquitted or convicted of any offense set forth in Chapter 15 of this title.
(b) Once an act of racketeering has been initiated by a group and there is a subsequent change in the number or identity of persons in such group or organization, as long as 2 or more of the original members remain in such group or are involved in a continuing course of conduct constituting an offense under Chapter 15 of this title, it shall be no defense to claim that the defendant was not part of the group or organization.
CREDIT(S)
65 Laws 1986, ch. 493, § 2; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 477
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 4. Defenses to Criminal Liability
§ 477. Organized crime; renunciation
(a) It is an affirmative defense to a prosecution under § 1503 of this title, that under circumstances manifesting a voluntary and complete renunciation of the criminal objective, the defendant withdrew from the proposed or intended unlawful activity before the commission of an offense set forth in Chapter 15 of this title; and that such person took further affirmative action that, in whole or in part, prevented the commission of the offense.
(b) Renunciation is not "voluntary," if it is motivated in whole or in part:
(1) By circumstances not present or apparent at the inception of the defendant's course of conduct that increased the probability of detection or apprehension, or that made more difficult the accomplishment of the objective; or
(2) By a decision to postpone the criminal conduct until another time, or to transfer the criminal act to another (but similar) objective or victim.
(c) Evidence that the defendant withdrew from the unlawful activity before commission of an offense set forth in Chapter 15 of this title, and made substantial effort to prevent the commission of an offense under that chapter, shall be admissible as mitigation at the hearing on punishment if such person has been found guilty; and in the event of a finding of renunciation under this section, the punishment of such person shall be less than that which would otherwise be imposed. The Court shall determine the extent and genuineness of the renunciation, and determine the reduction.
CREDIT(S)
65 Laws 1986, ch. 493, § 2; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 501
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter I. Inchoate Crimes
§ 501. Criminal solicitation in the third degree; class A misdemeanor
A person is guilty of criminal solicitation in the third degree when, intending that another person engage in conduct constituting a misdemeanor, the person solicits, requests, commands, importunes or otherwise attempts to cause the other person to engage in conduct that would constitute the misdemeanor or an attempt to commit the misdemeanor or which would establish the other's complicity in its commission or attempted commission.
Criminal solicitation in the third degree is a class A misdemeanor.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 501
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 502
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter I. Inchoate Crimes
§ 502. Criminal solicitation in the second degree; class F felony
A person is guilty of criminal solicitation in the second degree when, intending that another person engage in conduct constituting a felony, the person solicits, requests, commands, importunes or otherwise attempts to cause the other person to engage in conduct which would constitute the felony or an attempt to commit the felony, or which would establish the other's complicity in its commission or attempted commission.
Criminal solicitation in the second degree is a class F felony, unless the person is 18 years of age or older, and the other person had not yet reached his or her 18th birthday at the time of the crime, in which case it is a class D felony, or unless the person is more than 3 years older than the other person, and the other person had not yet reached his or her 15th birthday at the time of the crime, in which case it is a class D felony.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 71 Laws 1998, ch. 424, § 1, eff. July 13, 1998.
Codifications: 11 Del.C. 1953, § 502
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 503
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter I. Inchoate Crimes
§ 503. Criminal solicitation in the first degree; class E felony
A person is guilty of criminal solicitation in the first degree when, intending that another person engage in conduct constituting a class A felony, the person solicits, requests, commands, importunes or otherwise attempts to cause the other person to engage in conduct which would constitute the felony or an attempt to commit the felony, or which would establish the other's complicity in its commission or attempted commission.
Criminal solicitation in the first degree is a class E felony, unless the person is 18 years of age or older, and the other person had not yet reached his or her 18th birthday at the time of the crime, in which case it is a class C felony, or unless the person is more than 3 years older than the other person, and the other person had not yet reached his or her 15th birthday at the time of the crime, in which case it is a class C felony.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 71 Laws 1998, ch. 424, § 2, eff. July 13, 1998.
Codifications: 11 Del.C. 1953, § 503
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 511
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter I. Inchoate Crimes
§ 511. Conspiracy in the third degree; class A misdemeanor
A person is guilty of conspiracy in the third degree when, intending to promote or facilitate commission of a misdemeanor, the person:
(1) Agrees with another person or persons that they or 1 or more of them will engage in conduct constituting the misdemeanor or an attempt or solicitation to commit the misdemeanor; or
(2) Agrees to aid another person or persons in the planning or commission of the misdemeanor or an attempt or solicitation to commit the misdemeanor, and the person or another person with whom the person conspired commits an overt act in pursuance of the conspiracy.
Conspiracy in the third degree is a class A misdemeanor.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 59 Laws 1973, ch. 203, § 7; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 511
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 512
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter I. Inchoate Crimes
§ 512. Conspiracy in the second degree; class G felony
A person is guilty of conspiracy in the second degree when, intending to promote or facilitate the commission of a felony, the person:
(1) Agrees with another person or persons that they or 1 or more of them will engage in conduct constituting the felony or an attempt or solicitation to commit the felony; or
(2) Agrees to aid another person or persons in the planning or commission of the felony or an attempt or solicitation to commit the felony; and the person or another person with whom the person conspired commits an overt act in pursuance of the conspiracy.
Conspiracy in the second degree is a class G felony.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 59 Laws 1973, ch. 203, § 7; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 512
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 513
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter I. Inchoate Crimes
§ 513. Conspiracy in the first degree; class E felony
A person is guilty of conspiracy in the first degree when, intending to promote or facilitate the commission of a class A felony, the person:
(1) Agrees with another person or persons that they or 1 or more of them will engage in conduct constituting the felony or an attempt or solicitation to commit the felony; or
(2) Agrees to aid another person or persons in the planning or commission of the felony or an attempt or solicitation to commit the felony, and the person or another person with whom the person conspired commits an overt act in pursuance of the conspiracy.
Conspiracy in the first degree is a class E felony.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 59 Laws 1973, ch. 203, § 7; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 513
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 521
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter I. Inchoate Crimes
§ 521. Conspiracy
(a) If a person conspires to commit a number of crimes, the person is guilty of only 1 conspiracy, so long as the multiple crimes are the object of the same agreement of continuous conspiratorial relationship. The person may be convicted of the degree of conspiracy which includes the most serious offense which the person is found guilty of conspiring to commit.
(b) If a person guilty of conspiracy, as defined by §§ 511-513 of this title, knows that a person with whom the person conspires to commit a crime has conspired with another person or persons to commit the same crime, the first person is guilty of conspiring to commit the crime with the other person or persons, whether or not the first person knows their identity.
(c) No person may be convicted of conspiracy to commit an offense when an element of the offense is agreement with the person with whom the person is alleged to have conspired, or when the person with whom the person is alleged to have conspired is necessarily involved with the person in the commission of the offense.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 521
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 522
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter I. Inchoate Crimes
§ 522. Joinder and venue in conspiracy prosecutions
(a) Subject to subsection (b) of this section, 2 or more persons charged with conspiracy to commit a crime may be prosecuted jointly if:
(1) They are charged with conspiring with one another; or
(2) The conspiracies alleged, whether they have the same or different parties, are so related that they constitute different aspects of a scheme of organized criminal conduct.
(b) In any joint prosecution under subsection (a) of this section:
(1) No defendant shall be charged with a conspiracy in any county other than one in which the defendant entered into the conspiracy or one in which an overt act pursuant to the conspiracy was done by the defendant or by a person with whom the defendant conspired; and
(2) Neither the criminal liability of any defendant nor the admissibility against a defendant of evidence of acts or declarations of another shall be enlarged by the joinder; and
(3) The court may order a severance or take a special verdict as to any defendant who so requests, if it deems such action necessary or appropriate to promote the fair determination of guilt or innocence, and the court may take any other proper measures to protect the fairness of the trial.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 522
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 523
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter I. Inchoate Crimes
§ 523. Criminal solicitation and conspiracy unaffected by matters relating to the complicity of other persons
(a) It is no defense to a prosecution for criminal solicitation that the person solicited could not be guilty of the crime solicited because of irresponsibility or other legal incapacity or exemption, or because of unawareness of the criminal nature of the conduct solicited or of the defendant's criminal purpose or because of other factors precluding the mental state required for the commission of the crime in question.
(b) It is no defense to a prosecution for criminal conspiracy that, because of irresponsibility or other legal incapacity or exemption, or because of unawareness of the criminal nature of the agreement or the conduct contemplated or of the defendant's criminal purpose or because of other factors precluding the mental state required for commission of the conspiracy or the crime contemplated, 1 or more of the defendant's coconspirators could not be guilty of the conspiracy or the crime contemplated.
CREDIT(S)
58 Laws 1972, ch. 497, § 1.
Codifications: 11 Del.C. 1953, § 523
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 531
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter I. Inchoate Crimes
§ 531. Attempt to commit a crime
A person is guilty of an attempt to commit a crime if the person:
(1) Intentionally engages in conduct which would constitute the crime if the attendant circumstances were as the person believes them to be; or
(2) Intentionally does or omits to do anything which, under the circumstances as the person believes them to be, is a substantial step in a course of conduct planned to culminate in the commission of the crime by the person.
Attempt to commit a crime is an offense of the same grade and degree as the most serious offense which the accused is found guilty of attempting.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 531
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 532
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter I. Inchoate Crimes
§ 532. "Substantial step" defined
A "substantial step" under § 531 of this title is an act or omission which leaves no reasonable doubt as to the defendant's intention to commit the crime which the defendant is charged with attempting.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 532
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 533
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter I. Inchoate Crimes
§ 533. Conduct intended to aid another to commit a crime
A person who engages in conduct intended to aid another person to commit a crime is guilty of an attempt to commit the crime, although the crime is not committed or attempted by the other person, provided that the conduct would establish the person's complicity under § 271 of this title if the crime were committed by the other person.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 533
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 541
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter I. Inchoate Crimes
§ 541. Criminal solicitation, conspiracy, attempt to commit a crime; defense of renunciation
(a) In any prosecution for criminal solicitation or conspiracy in which the crime solicited or the crime contemplated by the conspiracy was not in fact committed, it is an affirmative defense that, under circumstances manifesting a voluntary and complete renunciation of the criminal purpose, the accused prevented the commission of the crime.
(b) In any prosecution for an attempt to commit a crime it is an affirmative defense that, under circumstances manifesting a voluntary and complete renunciation of the criminal purpose, the accused avoided the commission of the crime attempted by abandoning the criminal effort and, if mere abandonment was insufficient to accomplish avoidance, by taking further and affirmative steps which prevented the commission of the crime attempted.
(c) A renunciation is not "voluntary and complete" within the meaning of this section if it is motivated in whole or in part by:
(1) A belief that circumstances exist which increase the probability of detection or apprehension of the accused or another participant in the criminal enterprise, or which render more difficult the accomplishment of the criminal purpose; or
(2) A decision to postpone the criminal conduct until another time or to transfer the criminal effort to another victim or another but similar objective.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 1 Del.C. 1953, § 541
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 542
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter I. Inchoate Crimes
§ 542. Exemption of law-enforcement officers
Nothing in this subchapter shall apply to any law-enforcement officer or the officer's agent while acting in the lawful performance of duty.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 542
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 601
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter II. Offenses Against the Person
Subpart A. Assaults and Related Offenses
§ 601. Offensive touching; unclassified misdemeanor; class A misdemeanor
(a) A person is guilty of offensive touching when the person:
(1) Intentionally touches another person either with a member of his or her body or with any instrument, knowing that the person is thereby likely to cause offense or alarm to such other person; or
(2) Intentionally strikes another person with saliva, urine, feces or any other bodily fluid, knowing that the person is thereby likely to cause offense or alarm to such other person.
(b) When charged with a violation of paragraph (a)(2) of this section, the defendant shall be tested for diseases transmittable through bodily fluids, the cost of such tests to be assessed as costs upon conviction. The results of such tests shall be provided only to the Attorney General, the victim of the offense, the defendant and the Department of Correction's medical care provider.
(c) Any violation of paragraph (a)(1) of this section shall be an unclassified misdemeanor. Notwithstanding the above, any violation of paragraph (a)(1) of this section shall be a class A misdemeanor when the victim is acting in the lawful performance of the victim’s duty as one of the following: law-enforcement officer, hospital or nursing home employee, physician, medical professional, ambulance attendant, emergency medical technician, Delaware State Fire Police Officer, correctional officer, volunteer firefighter or full-time firefighter. Any violation of paragraph (a)(2) of this section shall be a class A misdemeanor.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 71 Laws 1998, ch. 382, § 1, eff. July 8, 1998; 73 Laws 2001, ch. 108, §§ 1, 2, eff. July 9, 2001.
Codifications: 11 Del.C. 1953, § 601
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 602
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter II. Offenses Against the Person
Subpart A. Assaults and Related Offenses
§ 602. Menacing; unclassified misdemeanor
(a) A person is guilty of menacing when by some movement of body or any instrument the person intentionally places another person in fear of imminent physical injury.
Menacing is an unclassified misdemeanor.
(b) A person is guilty of aggravated menacing when by displaying what appears to be a deadly weapon that person intentionally places another person in fear of imminent physical injury. Aggravated menacing is a class E felony.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 159, §§ 1, 2, eff. July 7, 1995; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 602
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 603
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter II. Offenses Against the Person
Subpart A. Assaults and Related Offenses
§ 603. Reckless endangering in the second degree; class A misdemeanor
(a) A person is guilty of reckless endangering in the second degree when:
(1) The person recklessly engages in conduct which creates a substantial risk of physical injury to another person; or
(2)
Being a parent, guardian or other person legally charged with the care or
custody of a child less than 18 years old, the person knowingly, intentionally
or with criminal negligence acts in a manner which contributes to or fails to
act to prevent the unlawful possession and/
(b) Reckless endangering in the second degree is a class A misdemeanor.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 71 Laws 1998, ch. 359, § 1, eff. July 2, 1998.
Codifications: 11 Del.C. 1953, § 603
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 604
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter II. Offenses Against the Person
Subpart A. Assaults and Related Offenses
§ 604. Reckless endangering in the first degree; class E felony
A person is guilty of reckless endangering in the first degree when the person recklessly engages in conduct which creates a substantial risk of death to another person.
Reckless endangering in the first degree is a class E felony.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 69 Laws 1993, ch. 24, § 2; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 72 Laws 1999, ch. 34, § 9, eff. May 12, 1999.
Codifications: 11 Del.C. 1953, § 604
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 605
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter II. Offenses Against the Person
Subpart A. Assaults and Related Offenses
§ 605. Abuse of a pregnant female in the second degree; class C felony
(a) A person is guilty of abuse of a pregnant female in the second degree when in the course of or in furtherance of the commission or attempted commission of assault third degree or any violent felony against or upon a pregnant female, or while in immediate flight therefrom, the person recklessly and without her consent causes the unlawful termination of her pregnancy.
(b) It is no defense to a prosecution under this section that the person was unaware that the victim was pregnant.
(c) Prosecution under this section does not preclude prosecution under any other section of the Delaware Code. Abuse of a pregnant female in the second degree is a class C felony.
CREDIT(S)
72 Laws 1999, ch. 43, § 3, eff. June 10, 1999; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 606
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter II. Offenses Against the Person
Subpart A. Assaults and Related Offenses
§ 606. Abuse of a pregnant female in the first degree; class B felony
(a) A person is guilty of abuse of a pregnant female in the first degree when in the course of or in furtherance of the commission or attempted commission of assault third degree any violent felony against or upon a pregnant female, or while in immediate flight therefrom, the person intentionally and without her consent causes the unlawful termination of her pregnancy.
(b) It is no defense to a prosecution under this section that the person was unaware that the victim was pregnant.
(c) Prosecution under this section does not preclude prosecution under any other section of the Delaware Code. Abuse of a pregnant female in the first degree is a class B felony.
CREDIT(S)
72 Laws 1999, ch. 43, § 4, eff. June 10, 1999; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 607
Effective: May 14, 2010
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter II. Offenses Against the Person
Subpart A. Assaults and Related Offenses
§ 607. Strangulation; penalty; affirmative defense
(a)(1) A person commits the offense of strangulation if the person knowingly or intentionally impedes the breathing or circulation of the blood of another person by applying pressure on the throat or neck of the other person.
(2) Except as provided in paragraph (a)(3) of this section, strangulation is a class E felony.
(3) Strangulation is a class D felony if:
a. The person used or attempted to use a dangerous instrument or a deadly weapon while committing the offense; or
b. The person caused serious physical injury to the other person while committing the offense; or
c. The person has been previously convicted of strangulation.
(b) It is an affirmative defense that an act constituting strangulation was the result of a legitimate medical procedure.
CREDIT(S)
Added by 77 Laws 2010, ch. 256, § 1, eff. May 14, 2010.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 611
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter II. Offenses Against the Person
Subpart A. Assaults and Related Offenses
§ 611. Assault in the third degree; class A misdemeanor
A person is guilty of assault in the third degree when:
(1) The person intentionally or recklessly causes physical injury to another person; or
(2) With criminal negligence the person causes physical injury to another person by means of a deadly weapon or a dangerous instrument.
Assault in the third degree is a class A misdemeanor.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 611
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 612
Effective: July 12, 2012
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter II. Offenses Against the Person
Subpart A. Assaults and Related Offenses
§ 612. Assault in the second degree; class D felony
(a) A person is guilty of assault in the second degree when:
(1) The person recklessly or intentionally causes serious physical injury to another person; or
(2) The person recklessly or intentionally causes physical injury to another person by means of a deadly weapon or a dangerous instrument; or
(3) The person intentionally causes physical injury to a law-enforcement officer, a volunteer firefighter, a full-time firefighter, emergency medical technician, paramedic, fire police officer, fire marshal, correctional officer, a sheriff, a deputy sheriff, public transit operator, a code enforcement constable or a code enforcement officer who is acting in the lawful performance of duty. For purposes of this subsection, if a law-enforcement officer is off duty and the nature of the assault is related to that law-enforcement officer’s official position, then it shall fall within the meaning of "official duties" of a law-enforcement officer; or
(4) The person intentionally causes physical injury to the operator of an ambulance, a rescue squad member, licensed practical nurse, registered nurse, paramedic, licensed medical doctor or any other person while such person is rendering emergency care; or
(5) The person recklessly or intentionally causes physical injury to another person who is 62 years of age or older; or
(6) The person intentionally assaults a law-enforcement officer while in the performance of the officer's duties, with any disabling chemical spray, or with any aerosol or hand sprayed liquid or gas with the intent to incapacitate such officer and prevent the officer from performing such duties; or
(7) The person intentionally, while engaged in commission of any crime enumerated in this chapter, assaults any other person with any disabling chemical spray, or with any aerosol or hand sprayed liquid or gas with the intent to incapacitate the victim; or
(8) The person intentionally causes physical injury to any state employee or officer when that employee or officer is discharging or attempting to discharge a duty of employment or office; or
(9) The person recklessly or intentionally causes physical injury to a pregnant female. It is no defense to a prosecution under this subsection that the person was unaware that the victim was pregnant; or
(10) A person who is 18 years of age or older and who recklessly or intentionally causes physical injury to another person who has not yet reached the age of 6 years. In any prosecution of a parent, guardian, foster parent, legal custodian or other person similarly responsible for the general care and supervision of a child victim pursuant to this paragraph, the State shall be required to prove beyond a reasonable doubt the absence of any justification offered by § 468(1) of this title. In any prosecution of a teacher or school administrator pursuant to this paragraph, the State shall be required to prove beyond a reasonable doubt the absence of any justification offered by § 468(2) of this title; or
(11) The person recklessly or intentionally causes physical injury to a law enforcement officer, security officer, fire policeman, fire fighter, paramedic, or emergency medical technician in the lawful performance of their duties by means of an electronic control device shall be a class C felony.
(b) It is no defense, for an offense under paragraph (a)(5) of this section, that the accused did not know the person's age or that the accused reasonably believed the person to be under the age of 62.
(c) It is no defense, for an offense under paragraph (a)(10) of this section, that the accused did not know the person's age or that the accused reasonably believed the person to be 6 years of age or older.
(d) Assault in the second degree is a class D felony.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 63 Laws 1981, ch. 50, § 1; 63 Laws 1982, ch. 237, § 1; 67 Laws 1989, ch. 130, § 8; 68 Laws 1991, ch. 129, §§ 1, 3; 69 Laws 1993, ch. 24, §§ 3, 4; 69 Laws 1994, ch. 189, § 1; 69 Laws 1994, ch. 367, § 1; 70 Laws 1995, ch. 128, §§ 1 to 5, eff. July 6, 1995; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 71 Laws 1998, ch. 307, § 1, eff. June 25, 1998; 71 Laws 1998, ch. 374, §§ 4, 5, eff. July 7, 1998; 72 Laws 1999, ch. 34, § 10, eff. May 12, 1999; 72 Laws 1999, ch. 43, § 5, eff. June 10, 1999; 72 Laws 1999, ch. 173, §§ 1, 2, eff. July 16, 1999; 73 Laws 2001, ch. 126, §§ 3, 16, eff. July 9, 2001; 74 Laws 2004, ch. 199, eff. Jan. 28, 2004; 76 Laws 2008, ch. 270, § 3, eff. June 30, 2008; 77 Laws 2009, ch. 119, § 1, eff. July 8, 2009; 77 Laws 2010, ch. 265, § 1, eff. May 18, 2010; 78 Laws 2012, ch. 325, § 1, eff. July 12, 2012.
Codifications: 11 Del.C. 1953, § 612
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 613
Effective: July 12, 2012
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter II. Offenses Against the Person
Subpart A. Assaults and Related Offenses
§ 613. Assault in the first degree; class B felony
(a) A person is guilty of assault in the first degree when:
(1) The person intentionally causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument; or
(2) The person intentionally disfigures another person seriously and permanently, or intentionally destroys, amputates or disables permanently a member or organ of another person's body; or
(3) The person recklessly engages in conduct which creates a substantial risk of death to another person, and thereby causes serious physical injury to another person; or
(4) While engaged in the commission of, or attempt to commit, or flight after committing or attempting to commit any felony, the person intentionally or recklessly causes serious physical injury to another person; or
(5) The person intentionally causes serious physical injury to a law-enforcement officer, a volunteer firefighter, a full-time firefighter, emergency medical technician, paramedic, fire police officer, fire marshal, public transit operator, a code enforcement constable or a code enforcement officer who is acting in the lawful performance of duty; or
(6) The person intentionally causes serious physical injury to the operator of an ambulance, a rescue squad member, licensed practical nurse, registered nurse, paramedic, licensed medical doctor or any other person while such person is rendering emergency care; or
(7) The person intentionally causes serious physical injury to another person who is 62 years of age or older.
(b) It is no defense, for an offense under paragraph (a)(7) of this section, that the accused did not know the person's age or that the accused reasonably believed the person to be under the age of 62.
(c) Assault in the first degree is a class B felony.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 63 Laws 1981, ch. 50, § 2; 63 Laws 1982, ch. 237, § 2; 67 Laws 1989, ch. 130, § 8; 68 Laws 1991, ch. 129, §§ 2, 3; 69 Laws 1993, ch. 24, §§ 5, 6; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 72 Laws 1999, ch. 34, § 11, eff. May 12, 1999; 73 Laws 2001, ch. 126, §§ 4, 16, eff. July 9, 2001; 74 Laws 2003, ch. 106, § 1, eff. June 30, 2003; 75 Laws 2005, ch. 168, § 1, eff. July 12, 2005; 77 Laws 2009, ch. 119, § 2, eff. July 8, 2009; 77 Laws 2010, ch. 265, § 2, eff. May 18, 2010; 78 Laws 2012, ch. 325, § 2, eff. July 12, 2012.
Codifications: 11 Del.C. 1953, § 613
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 614
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter II. Offenses Against the Person
Subpart A. Assaults and Related Offenses
§ 614. Abuse of a sports official; class G felony; class A misdemeanor
(a) A person is guilty of abuse of a sports official whenever the person intentionally or recklessly commits the following acts against a sports official who is acting in the lawful performance of duty:
(1) Reckless endangering in the second degree, as set forth in § 603 of this title; or
(2) Assault in the third degree, as set forth in § 611 of this title; or
(3) Terroristic threatening, as set forth in § 621 of this title; or
(4) Criminal mischief, as set forth in § 811 of this title.
(b)
For purposes of this section, the words "sports official" shall mean any person
who serves as a registered, paid or volunteer referee, umpire, line judge or
acts in any similar capacity during a sporting event. For purposes of this
section, the words, "lawful performance of duty" means the time immediately
prior to, during and/
(c)
Whoever violates subsection (a) of this section shall be guilty of a class A
misdemeanor. Upon conviction for a second or subsequent offense under this
section, such person shall be guilty of a class G felony. Notwithstanding
Chapter 42 of this title, such person shall be fined not less than $1,000 nor
more than $2,350. In addition to the fines imposed by this subsection, any
person who is guilty of abuse of a sports official shall be prohibited from
participating in and/
(d) Except as provided in § 922 of Title 10, and notwithstanding any other provision of law to the contrary, the Court of Common Pleas shall have original jurisdiction to hear, try and finally determine any violation of this section, and any other misdemeanor violation of any offense set forth in this title which was allegedly committed during the same incident. Prosecution under this section shall not preclude a separate charge, conviction and sentence for any other crime set forth in the Code.
CREDIT(S)
67 Laws 1990, ch. 247, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 74 Laws 2004, ch. 342, § 1, eff. July 12, 2004.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 615
Effective: September 12, 2012
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter II. Offenses Against the Person
Subpart A. Assaults and Related Offenses
§ 615. Redesignated as 11 Del.C. § 1103B and amended by 78 Laws 2012, ch. 406, § 3, eff. Sept. 12, 2012
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 616
Effective: June 1, 2012
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter II. Offenses Against the Person
Subpart A. Assaults and Related Offenses
§ 616. Gang participation
(a) Definitions. --The following terms shall have the following meaning as used in this section.
(1) "Criminal street gang" means any ongoing organization, association, or group of 3 or more persons, whether formal or informal, having as 1 of its primary activities the commission of one or more of the criminal acts enumerated in paragraph (a)(2) of this section, having a common name or common identifying sign or symbol, and whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity.
(2) "Pattern of criminal gang activity" means the commission of attempted commission of, conspiracy to commit, solicitation of, or conviction of 2 or more of the following criminal offenses, provided that at least 1 of these offenses occurred after July 1, 2003, and that the last of those offenses occurred within 3 years after a prior offense, and provided that the offenses were committed on separate occasions, or by 2 or more persons:
a. Assault, as defined in § 612 or § 613 of this title.
b. Any criminal acts causing death as defined in §§ 632--636 of this title.
c. Any criminal acts relating to sexual offenses defined in §§ 768--780 of this title.
d. Any criminal offenses relating to unlawful imprisonment or kidnapping which are defined in §§ 782--783A of this title.
e. Any criminal acts of arson as defined in §§ 801--803 of this title.
f. Any criminal acts relating to burglary which are defined in §§ 824--826A of this title.
g. Any criminal acts relating to robbery which are defined in §§ 831 and 832 of this title.
h. Any criminal acts relating to theft or extortion which are defined in § 841, § 849 or § 851 of this title, provided that such acts meet the requirements of felony offenses under said sections.
i. Any criminal acts relating to riot, unlawful disruption, hate crimes, stalking or bombs which are defined in § 1302, former § 1303 [repealed], § 1304, § 1312A or § 1338 of this title, provided that such acts meet the requirements of felony offenses under said sections.
j. Any criminal acts involving deadly weapons or dangerous instruments which are defined in § 1442, § 1444, §§ 1447--1448, § 1449, § 1450, § 1451, § 1454 or § 1455 of this title.
k. Any criminal acts involving controlled substances which are defined by §§ 4752, 4753, 4754, 4755, 4756, 4757(c) of Title 16.
(b) Forbidden conduct. --A person who actively participates in any criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal gang activity and who knowingly promotes, furthers or assists in any criminal conduct by members of that gang which would constitute a felony under Delaware law, shall be guilty of illegal gang participation. Illegal gang participation is a class F felony.
(c) Sentencing enhancements.--
(1) Any person who is convicted of a class E felony committed for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members, shall, upon conviction of that felony, be sentenced consistent with the sentence dictated by Delaware law for a class D felony under § 4205(b)(4) of this title.
(2) Any person who is convicted of a class D felony committed for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members, shall, upon conviction of that felony, be sentenced consistent with the sentence dictated by Delaware law for a class C felony under § 4205(b)(3) of this title.
(3) Any person who is convicted of a class C felony committed for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members, shall, upon conviction of that felony, be sentenced consistent with the sentence dictated by Delaware law for a class B felony under § 4205(b)(2) of this title.
CREDIT(S)
Added by 74 Laws 2003, ch. 115, § 1, eff. July 7, 2003. Amended by 78 Laws 2011, ch. 13, § 4, eff. Sept. 1, 2011; 78 Laws 2012, ch. 252, § 5, eff. June 1, 2012.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 617
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter II. Offenses Against the Person
Subpart A. Assaults and Related Offenses
§ 617. Criminal youth gangs
(a) Definitions. --The following words, terms and phrases, when used in this chapter, shall have their meaning ascribed to them except where the context clearly indicates a different meaning.
(1) "Criminal youth gang" shall mean a group of 3 or more persons with a gang name or other identifier which either promotes, sponsors, assists in, participates in or requires as a condition of membership submission to group initiation that results in any felony or any class A misdemeanor set forth in this title or Title 16.
(2) "Identifier" shall mean common identifying signs, symbols, tattoos, markings, graffiti, or attire or other distinguishing characteristics or indicia of gang membership.
(3) "Student" shall mean any person enrolled in a school grades preschool through 12.
(b) Recruitment or retention of juveniles or students for a criminal street gang or criminal youth gang; penalties.--
(1) Any person who solicits, invites, recruits, encourages or otherwise causes or attempts to cause a juvenile or student to participate in or be come a member of a criminal street gang as defined in § 616(a) of this title or criminal youth gang is guilty of a class G felony.
(2) Any person who,
a. In order to encourage a juvenile or student to:
1. Join a criminal youth gang or criminal street gang,
2. Remain as a participant in or a member of a criminal youth gang or criminal street gang, or
3. Submit to a demand by a criminal youth gang or criminal street gang to commit a crime; or
b. In order to prevent a juvenile or student from withdrawing or attempting to withdraw from a criminal youth gang or criminal street gang threatens to commit any crime likely to result in death or in physical injury to the juvenile, the juvenile’s property, a member of that juvenile’s family or household, or their property; or commits a crime which results in physical injury or death to the juvenile, the juvenile’s property, a member of that juvenile’s family or household, or their property
shall be guilty of a class F felony and shall constitute a separate and distinct offense. If the acts or activities violating this section also violate another provision of law, a prosecution under this section shall not prohibit or bar any prosecution or proceeding under such other provision or the imposition of any penalties provided for thereby.
CREDIT(S)
70 Laws 1995, ch. 186, § 1, eff. July 10, 1995. Added by 75 Laws 2006, ch. 421, § 1, eff. July 10, 2006.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 621
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter II. Offenses Against the Person
Subpart A. Assaults and Related Offenses
§ 621. Terroristic threatening
(a) A person is guilty of terroristic threatening when that person commits any of the following:
(1) The person threatens to commit any crime likely to result in death or in serious injury to person or property;
(2) The person makes a false statement or statements:
a. Knowing that the statement or statements are likely to cause evacuation of a building, place of assembly, or facility of public transportation;
b. Knowing that the statement or statements are likely to cause serious inconvenience; or
c. In reckless disregard of the risk of causing terror or serious inconvenience; or
(3) The person commits an act with intent of causing an individual to believe that the individual has been exposed to a substance that will cause the individual death or serious injury.
(b) Any violation of paragraph (a)(1) of this section shall be a class A misdemeanor except where the victim is a person 62 years of age or older, in which case any violation of paragraph (a)(1) of this section shall be a class G felony. Any violation of paragraph (a)(2) of this section shall be a class G felony unless the place at which the risk of evacuation, serious inconvenience or terror is created is a place that has the purpose, in whole or in part, of acting as a daycare facility, nursery or preschool, kindergarten, elementary, secondary or vocational-technical school, or any long-term care facility in which elderly persons are housed, in which case it shall be a class F felony. Any violation of paragraph (a)(3) of this section shall be a class F felony. Notwithstanding any provision of this subsection to the contrary, a first offense of paragraph (a)(2) of this section by a person 17 years old or younger shall be a class A misdemeanor.
(c) In addition to the penalties otherwise authorized by law, any person convicted of an offense in violation of paragraph (a)(2) of this section shall:
(1) Pay a fine of not less than $1,000 nor more than $2,500, which fine cannot be suspended; and
(2) Be sentenced to perform a minimum of 100 hours of community service.
(d) In addition to the penalties otherwise authorized by law, any person convicted of an offense in violation of paragraph (a)(3) of this section shall pay a fine of not less than $2,000, which fine cannot be suspended.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 70 Laws 1996, ch. 330, § 1, eff. May 8, 1996; 73 Laws 2001, ch. 126, §§ 5, 6, eff. July 9, 2001; 73 Laws 2002, ch. 255, § 1, eff. May 9, 2002.
Codifications: 11 Del.C. 1953, § 621
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 622
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter II. Offenses Against the Person
Subpart A. Assaults and Related Offenses
§ 622. Hoax device; class F felony
(a) Whoever possesses, transports, uses or places or causes another to knowingly or unknowingly possess, transport, use or place any hoax device with the intent to cause anxiety, unrest, fear or personal discomfort to any person or group of persons shall be guilty of a class F felony.
(b) For the purposes of this section the following definitions shall apply:
(1) "Destructive device" means any explosive, incendiary, or chemical material or over-pressure device which will rapidly expand in a manner to project material outward at such a rate to cause injury to persons or damage to property.
(2) "Explosive" means any chemical compound, or other substance or containing oxidizing and combustible units or other ingredients in such proportions or quantities that ignition, fire, friction, concussion, percussion, or detonator may produce an explosion capable of causing injury to persons or damage to property.
(3) "Hoax device" shall mean any object or item that would cause a person to reasonably believe that such object or item is or contains a destructive device, Molotov cocktail, incendiary device, or over-pressure device which could cause injury or death.
(4) "Incendiary device" means any item designed to ignite by hand, chemical reaction, timer or by spontaneous combustion and is not designed for lawful purposes or use whatsoever, or any lawful use or purpose has been terminated.
(5) "Molotov cocktail" means a makeshift incendiary bomb made of a breakable container filled with flammable liquid and provided with a wick composed of any substance capable of bringing flame into contact with a wick composed of any substance capable of bringing flame into contact with a liquid.
(6) "Over-pressure device" means a frangible container filled with an explosive gas, chemical or combination of materials, which is designed or constructed so as to cause the container to break or fracture in a manner which is capable of causing death, bodily harm, or property damage.
CREDIT(S)
74 Laws 2004, ch. 420, § 1, eff. Aug. 23, 2004.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 625
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter II. Offenses Against the Person
Subpart A. Assaults and Related Offenses
§ 625. Unlawfully administering drugs; class A misdemeanor
A person is guilty of unlawfully administering drugs when, for a purpose other than lawful medical or therapeutic treatment, the person intentionally causes stupor, unconsciousness or other alteration of the physical or mental condition of another person by administering to the other person, without consent, a drug.
Unlawfully administering drugs is a class A misdemeanor.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 625
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 626
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter II. Offenses Against the Person
Subpart A. Assaults and Related Offenses
§ 626. Unlawfully administering controlled substance or counterfeit substance or narcotic drugs; class G felony
A person is guilty of unlawfully administering a controlled substance or counterfeit substance or narcotic drugs when, for a purpose other than lawful medical or therapeutic treatment, the person intentionally introduces or causes introduction into the body of another person, without consent, a controlled substance or counterfeit substance or narcotic drug.
Unlawfully administering controlled substance or counterfeit substance or narcotic drugs is a class G felony.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 626
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 627
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter II. Offenses Against the Person
Subpart A. Assaults and Related Offenses
§ 627. Prohibited acts as to substances releasing vapors or fumes; unclassified misdemeanor
No person shall:
(1) Intentionally smell or inhale the vapors or fumes from any substance having the property of releasing vapors or fumes for the purpose of producing a condition of intoxication, inebriation, exhilaration, stupefaction or lethargy or for the purpose of dulling the brain or nervous system; provided, that nothing in this section shall prohibit the inhalation of the vapors or fumes of any anesthesia for medical or dental purposes;
(2) Sell or offer to sell to any person any material, product or article of commerce containing any substance having a property of releasing vapors or fumes, if the person has knowledge or is in the possession of such facts that the person should have knowledge that the material, product or article of commerce sold or offered will be used for the purpose of committing any of the acts proscribed in paragraph (1) of this section;
(3) Purchase or offer to purchase for the person or any other person any material, product or article of commerce containing any substance having the property of releasing vapors and fumes if such purchase or offer to purchase is made for the purpose of committing any of the acts proscribed in paragraph (1) of this section.
Any violation of this section shall be an unclassified misdemeanor.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 65 Laws 1986, ch. 286, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 627
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 628
Effective: August 3, 2011
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter II. Offenses Against the Person
Subpart A. Assaults and Related Offenses
§ 628. Vehicular assault in the third degree; class B misdemeanor
A person is guilty of vehicular assault in the third degree when, while in the course of driving or operating a motor vehicle, the person's criminally negligent driving or operation of said vehicle causes physical injury to another person.
Vehicular assault in the third degree is a class B misdemeanor.
CREDIT(S)
Added by 78 Laws 2011, ch. 168, § 2, eff. Aug. 3, 2011.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 628A
Formerly cited as DE ST 11 § 628
Effective: August 3, 2011
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter II. Offenses Against the Person
Subpart A. Assaults and Related Offenses
§ 628A. Vehicular assault in the second degree; class A misdemeanor
A person is guilty of vehicular assault in the second degree when:
(1) While in the course of driving or operating a motor vehicle, the person's criminally negligent driving or operation of said vehicle causes serious physical injury to another person; or
(2) While in the course of driving or operating a motor vehicle and under the influence of alcohol or drugs or with a prohibited alcohol or drug content, as defined by § 4177 of Title 21, the person's negligent driving or operation of said vehicle causes physical injury to another person.
Vehicular assault in the second degree is a class A misdemeanor.
CREDIT(S)
63 Laws 1981, ch. 88, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 74 Laws 2004, ch. 333, § 5, eff. July 12, 2004; 75 Laws 2006, ch. 315, § 7, eff. June 28, 2006; 78 Laws 2011, ch. 168, § 1, eff. Aug. 3, 2011. Redesignated from 11 Del.C. § 628 by 78 Laws 2011, ch. 168, § 2, eff. Aug. 3, 2011.
Codifications: 11 Del.C. 1953, § 628.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 629
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter II. Offenses Against the Person
Subpart A. Assaults and Related Offenses
§ 629. Vehicular assault in the first degree; class F felony
A person is guilty of vehicular assault in the first degree when while in the course of driving or operating a motor vehicle and under the influence of alcohol or drugs or with a prohibited alcohol or drug content, as defined by § 4177 of Title 21, the person's negligent driving or operation of said vehicle causes serious physical injury to another person.
Vehicular assault in the first degree is a class F felony.
CREDIT(S)
63 Laws 1981, ch. 88, § 2; 67 Laws 1989, ch. 130, § 8; 68 Laws 1992, ch. 361, §§ 1, 2; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 74 Laws 2004, ch. 333, § 5, eff. July 12, 2004; 75 Laws 2006, ch. 315, § 7, eff. June 28, 2006.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 630
Effective: August 3, 2011
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter II. Offenses Against the Person
Subpart A. Assaults and Related Offenses
§ 630. Vehicular homicide in the second degree; class D felony; minimum sentence; juvenile offenders
(a) A person is guilty of vehicular homicide in the second degree when:
(1) While in the course of driving or operating a motor vehicle, the person's criminally negligent driving or operation of said vehicle causes the death of another person; or
(2) While in the course of driving or operating a motor vehicle, under the influence of alcohol or drugs or with a prohibited alcohol or drug content, as defined by § 4177 of Title 21, the person's negligent driving or operation of said vehicle causes the death of another person.
Vehicular homicide in the second degree is a class D felony.
(b) The minimum sentence required by paragraph (a)(2) of this section shall be 1 year, notwithstanding § 4205(b)(6) of this title. The minimum sentence shall not be subject to suspension, and no person convicted under this section shall be eligible for probation, parole, furlough, work release or supervised custody during the first year of such sentence.
(c) Every person charged under this section after having reached their 16th birthday, shall be treated for purposes of trial or other disposition of the charge, including but not limited to sentencing, as an adult, notwithstanding any contrary provisions of statutes governing the Family Court, or any other state law, except that the mandatory minimum sentencing provisions of subsection (b) of this section and § 630A(b) of this title shall not apply to juveniles. Any such case involving a juvenile shall be subject to the transfer provisions of § 1011 of Title 10. Any period of incarceration imposed upon a juvenile by operation of this section shall be served in a juvenile correctional facility until the person attains their 18th birthday, at which time the person shall be transferred to the appropriate adult correctional institution or jail to serve any remaining portion of the sentence.
CREDIT(S)
63 Laws 1981, ch. 88, § 3; 65 Laws 1986, ch. 357, § 1; 67 Laws 1989, ch. 130, § 8; 67 Laws 1990, ch. 246, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 74 Laws 2004, ch. 333, § 5, eff. July 12, 2004; 75 Laws 2006, ch. 315, § 7, eff. June 28, 2006; 78 Laws 2011, ch. 168, § 3, eff. Aug. 3, 2011.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 630A
Effective: August 3, 2011
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter II. Offenses Against the Person
Subpart A. Assaults and Related Offenses
§ 630A. Vehicular homicide in the first degree; class C felony; minimum sentence; juvenile offenders
(a) A person is guilty of vehicular homicide in the first degree when while in the course of driving or operating a motor vehicle under the influence of alcohol or drugs or with a prohibited alcohol or drug content, as defined by § 4177 of Title 21, the person's criminally negligent driving or operation of said vehicle causes the death of another person.
Vehicular homicide in the first degree is a class C felony.
(b) The minimum sentence required by this section shall be 2 years, notwithstanding § 4205(b)(5) of this title. The minimum sentence shall not be subject to suspension, and no person convicted under this section shall be eligible for probation, parole, furlough, work release or supervised custody during the first 18 months of such sentence.
(c) Every person charged under this section after having reached their 16th birthday, shall be treated for purposes of trial or other disposition of the charge, including but not limited to sentencing, as an adult, notwithstanding any contrary provisions of statutes governing the Family Court, or any other state law, except that the mandatory minimum sentencing provisions of subsection (b) of this section and § 630(b) of this title shall not apply to juveniles. Any such case involving a juvenile shall be subject to the transfer provisions of § 1011 of Title 10. Any period of incarceration imposed upon a juvenile by operation of this section shall be served in a juvenile correctional facility until the person attains their 18th birthday, at which time the person shall be transferred to the appropriate adult correctional institution or jail to serve any remaining portion of the sentence.
CREDIT(S)
63 Laws 1981, ch. 88, § 4; 65 Laws 1986, ch. 357, § 2; 67 Laws 1989, ch. 130, § 8; 67 Laws 1990, ch. 246, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 74 Laws 2004, ch. 333, § 5, eff. July 12, 2004; 75 Laws 2006, ch. 315, § 7, eff. June 28, 2006; 78 Laws 2011, ch. 168, § 4, eff. Aug. 3, 2011.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 631
Effective: August 3, 2011
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter II. Offenses Against the Person
Subpart B. Acts Causing Death
§ 631. Criminally negligent homicide; class D felony
A person is guilty of criminally negligent homicide when, with criminal negligence, the person causes the death of another person.
Criminally negligent homicide is a class D felony.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 78 Laws 2011, ch. 168, § 5, eff. Aug. 3, 2011.
Codifications: 11 Del.C. 1953, § 631
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 632
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter II. Offenses Against the Person
Subpart B. Acts Causing Death
§ 632. Manslaughter; class B felony
A person is guilty of manslaughter when:
(1) The person recklessly causes the death of another person; or
(2) With intent to cause serious physical injury to another person the person causes the death of such person, employing means which would to a reasonable person in the defendant's situation, knowing the facts known to the defendant, seem likely to cause death; or
(3) The person intentionally causes the death of another person under circumstances which do not constitute murder because the person acts under the influence of extreme emotional disturbance; or
(4) The person commits upon a female an abortion which causes her death, unless such abortion is a therapeutic abortion and the death is not the result of reckless conduct; or
(5) The person intentionally causes another person to commit suicide.
Manslaughter is a class B felony.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 74 Laws 2003, ch. 106, § 2, eff. June 30, 2003.
Codifications: 11 Del.C. 1953, § 632
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 633
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter II. Offenses Against the Person
Subpart B. Acts Causing Death
§ 633. Murder by abuse or neglect in the second degree; class B felony
(a) A person is guilty of murder by abuse or neglect in the second degree when, with criminal negligence, the person causes the death of a child:
(1)
Through an act of abuse and/
(2)
When the person has engaged in a previous pattern of abuse and/
(b) For the purpose of this section:
(1) "Abuse" and "neglect" shall have the same meaning as set forth in § 1100 of this title.
(2) "Child" shall refer to any person who has not yet reached that person's 14th birthday.
(3)
"Previous pattern" of abuse and/
a.
That constitute an act of abuse and/
b. Are not so closely related to each other or connected in point of time and place that they constitute a single event.
(c)
A conviction is not required for an act of abuse or neglect to be used in
prosecution of a matter under this section, including an act used as proof of a
previous pattern as defined in paragraph (b)(3) of this section. A conviction
for any act of abuse or neglect, including one which may be relied upon to
establish a previous pattern of abuse and/
(d) Murder by abuse or neglect in the second degree is a class B felony. Notwithstanding any provision of this title to the contrary, the minimum sentence for a person convicted of murder by abuse or neglect in the second degree in violation of this section shall be 10 years at Level V.
CREDIT(S)
70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 70 Laws 1995, ch. 266, § 1, eff. July 19, 1995; 70 Laws 1996, ch. 382, § 1, eff. June 24, 1996; 72 Laws 1999, ch. 197, §§ 2 to 4, eff. July 20, 1999; 78 Laws 2012, ch. 406, § 1, eff. Sept. 12, 2012.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 634
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter II. Offenses Against the Person
Subpart B. Acts Causing Death
§ 634. Murder by abuse or neglect in the first degree; class A felony
(a) A person is guilty of murder by abuse or neglect in the first degree when the person recklessly causes the death of a child:
(1)
Through an act of abuse and/
(2)
When the person has engaged in a previous pattern of abuse and/
(b) For the purpose of this section:
(1) "Abuse" and "neglect" shall have the same meaning as set forth in § 1100 of this title.
(2) "Child" shall refer to any person who has not yet reached that person's 14th birthday.
(3)
"Previous pattern" of abuse and/
a.
That constitute an act of abuse and/
b. Are not so closely related to each other or connected in point of time and place that they constitute a single event.
(c)
A conviction is not required for an act of abuse or neglect to be used in
prosecution of a matter under this section including an act used as proof of the
previous pattern as defined in paragraph (b)(3) of this section. A conviction
for any act of abuse or neglect including one which may be relied upon to
establish the previous pattern of abuse and/
(d) Murder by abuse or neglect in the first degree is a class A felony.
CREDIT(S)
70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 70 Laws 1995, ch. 266, § 2, eff. July 19, 1995; 72 Laws 1999, ch. 197, §§ 5, 6, eff. July 20, 1999; 78 Laws 2012, ch. 406, § 1, eff. Sept. 12, 2012.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 635
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter II. Offenses Against the Person
Subpart B. Acts Causing Death
§ 635. Murder in the second degree; class A felony
A person is guilty of murder in the second degree when:
(1) The person recklessly causes the death of another person under circumstances which manifest a cruel, wicked and depraved indifference to human life; or
(2) While engaged in the commission of, or attempt to commit, or flight after committing or attempting to commit any felony, the person, with criminal negligence, causes the death of another person.
Murder in the second degree is a class A felony.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 59 Laws 1973, ch. 203, § 35; 67 Laws 1989, ch. 130, § 8; 67 Laws 1990, ch. 350, § 29; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 74 Laws 2003, ch. 106, § 3, eff. June 30, 2003; 74 Laws 2004, ch. 246, § 1, eff. May 19, 2004.
Codifications: 11 Del.C. 1953, § 635
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 636
Effective: July 31, 2009
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter II. Offenses Against the Person
Subpart B. Acts Causing Death
§ 636. Murder in the first degree; class A felony
(a) A person is guilty of murder in the first degree when:
(1) The person intentionally causes the death of another person;
(2) While engaged in the commission of, or attempt to commit, or flight after committing or attempting to commit any felony, the person recklessly causes the death of another person.
(3) The person intentionally causes another person to commit suicide by force or duress;
(4) The person recklessly causes the death of a law-enforcement officer, corrections employee, fire fighter, paramedic, emergency medical technician, fire marshal or fire police officer while such officer is in the lawful performance of duties;
(5) The person causes the death of another person by the use of or detonation of any bomb or similar destructive device;
(6) The person causes the death of another person in order to avoid or prevent the lawful arrest of any person, or in the course of and in furtherance of the commission or attempted commission of escape in the second degree or escape after conviction.
(b) Murder in the first degree is a class A felony and shall be punished as provided in § 4209 of this title.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 59 Laws 1974, ch. 284, § 1; 63 Laws 1982, ch. 354, § 1; 66 Laws 1988, ch. 269, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 71 Laws 1998, ch. 285, § 2, eff. Sept. 9, 1998; 74 Laws 2004, ch. 246, §§ 2, 3, eff. May 19, 2004; 77 Laws 2009, ch. 191, § 1, eff. July 31, 2009.
Codifications: 11 Del.C. 1953, § 636
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 641
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter II. Offenses Against the Person
Subpart B. Acts Causing Death
§ 641. Extreme emotional distress
The fact that the accused intentionally caused the death of another person under the influence of extreme emotional distress is a mitigating circumstance, reducing the crime of murder in the first degree as defined by § 636 of this title to the crime of manslaughter as defined by § 632 of this title. The fact that the accused acted under the influence of extreme emotional distress must be proved by a preponderance of the evidence. The accused must further prove by a preponderance of the evidence that there is a reasonable explanation or excuse for the existence of the extreme emotional distress. The reasonableness of the explanation or excuse shall be determined from the viewpoint of a reasonable person in the accused's situation under the circumstances as the accused believed them to be. Extreme emotional distress is not reasonably explained or excused when it is caused or occasioned by the accused's own mental disturbance for which the accused was culpably responsible, or by any provocation, event or situation for which the accused was culpably responsible, or when there is no causal relationship between the provocation, event or situation which caused the extreme emotional distress and the victim of the murder. Evidence of voluntary intoxication shall not be admissible for the purpose of showing that the accused was acting under the influence of extreme emotional distress.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 73 Laws 2001, ch. 127, § 1, eff. July 9, 2001.
Codifications: 11 Del.C. 1953, § 641
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 645
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter II. Offenses Against the Person
Subpart B. Acts Causing Death
§ 645. Promoting suicide; class F felony
A person is guilty of promoting suicide when the person intentionally causes or aids another person to attempt suicide, or when the person intentionally aids another person to commit suicide.
Promoting suicide is a class F felony.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 645
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 651
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter II. Offenses Against the Person
Subpart C. Abortion and Related Offenses
§ 651. Abortion; class F felony
A person is guilty of abortion when the person commits upon a pregnant female an abortion which causes the miscarriage of the female, unless the abortion is a therapeutic abortion.
Abortion is a class F felony.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 651
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 652
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter II. Offenses Against the Person
Subpart C. Abortion and Related Offenses
§ 652. Self-abortion; class A misdemeanor
A female is guilty of self-abortion when she, being pregnant, commits or submits to an abortion upon herself which causes her abortion, unless the abortion is a therapeutic abortion.
Self-abortion is a class A misdemeanor.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 652
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 653
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter II. Offenses Against the Person
Subpart C. Abortion and Related Offenses
§ 653. Issuing abortional articles; class B misdemeanor
A person is guilty of issuing abortional articles when the person manufactures, sells or delivers any instrument, article, medicine, drug or substance with intent that the same be used in committing an abortion upon a female in circumstances which would constitute a crime defined by this Criminal Code.
Issuing abortional articles is a class B misdemeanor.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 653
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 654
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter II. Offenses Against the Person
Subpart C. Abortion and Related Offenses
§ 654. "Abortion" defined
"Abortion" means an act committed upon or with respect to a female, whether by another person or by the female herself, whether directly upon her body or by the administering, taking or prescription of drugs or in any other manner, with intent to cause a miscarriage of such female.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 654
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 761
Effective: June 30, 2010
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter II. Offenses Against the Person
Subpart D. Sexual Offenses
§ 761. Definitions generally applicable to sexual offenses
(a) "Cognitive disability" means a developmental disability that substantially impairs an individual's cognitive abilities including, but not limited to, delirium, dementia and other organic brain disorders for which there is an identifiable pathologic condition, as well as nonorganic brain disorders commonly called functional disorders. "Cognitive disability" also includes conditions of mental retardation, severe cerebral palsy, and any other condition found to be closely related to mental retardation because such condition results in the impairment of general intellectual functioning or adaptive behavior similar to that of persons who have been diagnosed with mental retardation, or such condition requires treatment and services similar to those required for persons who have been diagnosed with mental retardation.
(b) "Cunnilingus" means any oral contact with the female genitalia.
(c) "Fellatio" means any oral contact with the male genitalia.
(d) "Object" means any item, device, instrument, substance or any part of the body. It does not mean a medical instrument used by a licensed medical doctor or nurse for the purpose of diagnosis or treatment.
(e) "Position of trust, authority or supervision over a child" includes, but is not limited to:
(1) Familial, guardianship or custodial authority or supervision; or
(2) A teacher, coach, counselor, advisor, mentor or any other person providing instruction or educational services to a child or children, whether such person is compensated or acting as a volunteer; or
(3) A babysitter, child care provider, or child care aide, whether such person is compensated or acting as a volunteer; or
(4) A health professional, meaning any person who is licensed or who holds himself or herself out to be licensed or who otherwise provides professional physical or mental health services, diagnosis, treatment or counseling which shall include, but not be limited to, doctors of medicine and osteopathy, dentists, nurses, physical therapists, chiropractors, psychologists, social workers, medical technicians, mental health counselors, substance abuse counselors, marriage and family counselors or therapists and hypnotherapists, whether such person is compensated or acting as a volunteer; or
(5) Clergy, including but not limited to any minister, pastor, rabbi, lay religious leader, pastoral counselor or any other person having regular direct contact with children through affiliation with a church or religious institution, whether such person is compensated or acting as a volunteer; or
(6) Any law-enforcement officer, as that term is defined in § 222 of this title, and including any person acting as an officer or counselor at a correctional or counseling institution, facility or organization, whether such person is compensated or acting as a volunteer; or
(7) Any other person who because of that person’s familial relationship, profession, employment, vocation, avocation or volunteer service has regular direct contact with a child or children and in the course thereof assumes responsibility, whether temporarily or permanently, for the care or supervision of a child or children.
(f) "Sexual contact" means:
(1) Any intentional touching by the defendant of the anus, breast, buttocks or genitalia of another person; or
(2) Any intentional touching of another person with the defendant's anus, breast, buttocks or genitalia; or
(3) Intentionally causing or allowing another person to touch the defendant's anus, breast, buttocks or genitalia
which touching, under the circumstances as viewed by a reasonable person, is intended to be sexual in nature. Sexual contact shall also include touching when covered by clothing.
(g) "Sexual intercourse" means:
(1) Any act of physical union of the genitalia or anus of 1 person with the mouth, anus or genitalia of another person. It occurs upon any penetration, however slight. Ejaculation is not required. This offense encompasses the crimes commonly known as rape and sodomy; or
(2) Any act of cunnilingus or fellatio regardless of whether penetration occurs. Ejaculation is not required.
(h) "Sexual offense" means any offense defined by §§ 763-780 and §§ 1108-1112A, 1352(2) and 1353(2) of this title.
(i) "Sexual penetration" means:
(1) The unlawful placement of an object, as defined in subsection (d) of this section, inside the anus or vagina of another person; or
(2) The unlawful placement of the genitalia or any sexual device inside the mouth of another person.
(j) "Without consent" means:
(1) The defendant compelled the victim to submit by any act of coercion as defined in §§ 791 and 792 of this title, or by force, by gesture, or by threat of death, physical injury, pain or kidnapping to be inflicted upon the victim or a third party, or by any other means which would compel a reasonable person under the circumstances to submit. It is not required that the victim resist such force or threat to the utmost, or to resist if resistance would be futile or foolhardy, but the victim need resist only to the extent that it is reasonably necessary to make the victim's refusal to consent known to the defendant; or
(2) The defendant knew that the victim was unconscious, asleep or otherwise unaware that a sexual act was being performed; or
(3) The defendant knew that the victim suffered from a cognitive disability, mental illness or mental defect which rendered the victim incapable of appraising the nature of the sexual conduct or incapable of consenting; or
(4) Where the defendant is a health professional, as defined herein, or a minister, priest, rabbi or other member of a religious organization engaged in pastoral counseling, the commission of acts of sexual contact, sexual penetration or sexual intercourse by such person shall be deemed to be without consent of the victim where such acts are committed under the guise of providing professional diagnosis, counseling or treatment and where at the times of such acts the victim reasonably believed the acts were for medically or professionally appropriate diagnosis, counseling or treatment, such that resistance by the victim could not reasonably have been manifested. For purposes of this paragraph, "health professional" includes all individuals who are licensed or who hold themselves out to be licensed or who otherwise provide professional physical or mental health services, diagnosis, treatment or counseling and shall include, but not be limited to, doctors of medicine and osteopathy, dentists, nurses, physical therapists, chiropractors, psychologists, social workers, medical technicians, mental health counselors, substance abuse counselors, marriage and family counselors or therapists and hypnotherapists; or
(5) The defendant had substantially impaired the victim's power to appraise or control the victim's own conduct by administering or employing without the other person's knowledge or against the other person's will, drugs, intoxicants or other means for the purpose of preventing resistance.
(k) A child who has not yet reached that child’s sixteenth birthday is deemed unable to consent to a sexual act with a person more than 4 years older than said child. Children who have not yet reached their twelfth birthday are deemed unable to consent to a sexual act under any circumstances.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 60 Laws 1976, ch. 416, § 1; 61 Laws 1977, ch. 56; 65 Laws 1986, ch. 494, § 1; 66 Laws 1988, ch. 269, §§ 27, 28; 69 Laws 1993, ch. 44, § 1; 69 Laws 1994, ch. 440, §§ 1, 2; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 71 Laws 1998, ch. 285, §§ 3-7, eff. Sept. 9, 1998; 71 Laws 1998, ch. 467, § 6, eff. July 17, 1998; 72 Laws 1999, ch. 109, § 1, eff. July 1, 1999; 74 Laws 2004, ch. 345, § 2, eff. July 12, 2004; 75 Laws 2006, ch. 392, § 2, eff. July 10, 2006; 76 Laws 2007, ch. 66, § 1, eff. June 28, 2007; 77 Laws 2009, ch. 150, §§ 1-3, eff. July 10, 2009; 77 Laws 2010, ch. 318, § 1, eff. June 30, 2010.
Codifications: 11 Del.C. 1953, § 773
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 762
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter II. Offenses Against the Person
Subpart D. Sexual Offenses
§ 762. Provisions generally applicable to sexual offenses
(a) Mistake as to age.--Whenever in the definition of a sexual offense, the criminality of conduct or the degree of the offense depends on whether the person has reached that person’s sixteenth birthday, it is no defense that the actor did not know the person's age, or that the actor reasonably believed that the person had reached that person’s sixteenth birthday.
(b) Gender.--Unless a contrary meaning is clearly required, the male pronoun shall be deemed to refer to both male and female.
(c) Separate acts of sexual contact, penetration and sexual intercourse. --Nothing in this title precludes a defendant from being charged with separate offenses when multiple acts of sexual contact, penetration or intercourse are committed against the same victim.
(d) Teenage defendant.--As to sexual offenses in which the victim's age is an element of the offense because the victim has not yet reached that victim’s sixteenth birthday, where the person committing the sexual act is no more than 4 years older than the victim, it is an affirmative defense that the victim consented to the act "knowingly" as defined in § 231 of this title. Sexual conduct pursuant to this section will not be a crime. This affirmative defense will not apply if the victim had not yet reached that victim’s twelfth birthday at the time of the act.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 59 Laws 1974, ch. 547, § 3; 61 Laws 1977, ch. 56, § 3; 65 Laws 1986, ch. 494, § 1; 66 Laws 1988, ch. 269, §§ 33, 34; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 71 Laws 1998, ch. 285, §§ 8, 9, eff. Sept. 9, 1998; 75 Laws 2006, ch. 392, § 3, eff. July 10, 2006.
Codifications: 11 Del.C. 1953, § 772
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 763
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter II. Offenses Against the Person
Subpart D. Sexual Offenses
§ 763. Sexual harassment; unclassified misdemeanor
A person is guilty of sexual harassment when:
(1) The person threatens to engage in conduct likely to result in the commission of a sexual offense against any person; or
(2) The person suggests, solicits, requests, commands, importunes or otherwise attempts to induce another person to have sexual contact or sexual intercourse or unlawful sexual penetration with the actor, knowing that the actor is thereby likely to cause annoyance, offense or alarm to that person.
Sexual harassment is an unclassified misdemeanor.
CREDIT(S)
65 Laws 1986, ch. 494, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 764
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter II. Offenses Against the Person
Subpart D. Sexual Offenses
§ 764. Indecent exposure in the second degree; unclassified misdemeanor
(a) A male is guilty of indecent exposure in the second degree if he exposes his genitals or buttocks under circumstances in which he knows his conduct is likely to cause affront or alarm to another person.
(b) A female is guilty of indecent exposure in the second degree if she exposes her genitals, breast or buttocks under circumstances in which she knows her conduct is likely to cause affront or alarm to another person.
Indecent exposure in the second degree is an unclassified misdemeanor.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 65 Laws 1986, ch. 494, § 1; 66 Laws 1988, ch. 269, § 17; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 768
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 765
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter II. Offenses Against the Person
Subpart D. Sexual Offenses
§ 765. Indecent exposure in the first degree; class A misdemeanor
(a) A male is guilty of indecent exposure in the first degree if he exposes his genitals or buttocks to a person who is less than 16 years of age under circumstances in which he knows his conduct is likely to cause affront or alarm.
(b) A female is guilty of indecent exposure in the first degree if she exposes her genitals, breast or buttocks to a person who is less than 16 years of age under circumstances in which she knows her conduct is likely to cause affront or alarm.
Indecent exposure in the first degree is a class A misdemeanor.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 65 Laws 1986, ch. 494, § 1; 66 Laws 1988, ch. 269, § 18; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 768
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 766
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter II. Offenses Against the Person
Subpart D. Sexual Offenses
§ 766. Incest; class A misdemeanor
(a) A person is guilty of incest if the person engages in sexual intercourse with another person with whom the person has one of the following relationships:
A male and his child.
A male and his parent.
A male and his brother.
A male and his sister.
A male and his grandchild.
A male and his niece or nephew.
A male and his father's sister or brother.
A male and his mother's sister or brother.
A male and his father's wife.
A male and his wife's child.
A male and the child of his wife's son or daughter.
A female and her parent.
A female and her child.
A female and her brother.
A female and her sister.
A female and her grandchild.
A female and her niece or nephew.
A female and her father's sister or brother.
A female and her mother's sister or brother.
A female and her mother's husband.
A female and her husband's child.
A female and the child of her husband's son or daughter.
(b) The relationships referred to herein include blood relationships without regard to legitimacy and relationships by adoption.
Incest is a class A misdemeanor and is an offense within the original jurisdiction of the Family Court.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 65 Laws 1986, ch. 494, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 771
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 767
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter II. Offenses Against the Person
Subpart D. Sexual Offenses
§ 767. Unlawful sexual contact in the third degree; class A misdemeanor
A person is guilty of unlawful sexual contact in the third degree when the person has sexual contact with another person or causes the victim to have sexual contact with the person or a third person and the person knows that the contact is either offensive to the victim or occurs without the victim's consent.
Unlawful sexual contact in the third degree is a class A misdemeanor.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 65 Laws 1986, ch. 494, § 1; 66 Laws 1988, ch. 269, § 19; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 761
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 768
Effective: July 10, 2009
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter II. Offenses Against the Person
Subpart D. Sexual Offenses
§ 768. Unlawful sexual contact in the second degree; class F felony
A person is guilty of unlawful sexual contact in the second degree when the person intentionally has sexual contact with another person who is less than 18 years of age or causes the victim to have sexual contact with the person or a third person.
Unlawful sexual contact in the second degree is a class F felony.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 65 Laws 1986, ch. 494, § 1; 66 Laws 1988, ch. 269, § 20; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 76 Laws 2008, ch. 364, § 1, eff. July 16, 2008; 77 Laws 2009, ch. 148, § 33, eff. July 10, 2009.
Codifications: 11 Del.C. 1953, §§ 761, 762
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 769
Effective: June 30, 2010
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter II. Offenses Against the Person
Subpart D. Sexual Offenses
§ 769. Unlawful sexual contact in the first degree; class D felony
(a) A person is guilty of unlawful sexual contact in the first degree when:
(1) In the course of committing unlawful sexual contact in the third degree or in the course of committing unlawful sexual contact in the second degree, or during the immediate flight from the crime, or during an attempt to prevent the reporting of the crime, the person causes physical injury to the victim or the person displays what appears to be a deadly weapon or dangerous instrument; or represents by word or conduct that the person is in possession or control of a deadly weapon or dangerous instrument.
(2) Repealed.
(3) The person intentionally has sexual contact with another person who is less than 13 years of age or causes the victim to have sexual contact with the person or a third person.
(b) Unlawful sexual contact in the first degree is a class D felony.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 61 Laws 1977, ch. 56, § 2; 65 Laws 1986, ch. 494, § 1; 66 Laws 1988, ch. 269, § 21; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 74 Laws 2003, ch. 93, § 3, eff. June 30, 2003; 75 Laws 2006, ch. 392, § 1, eff. July 10, 2006; 76 Laws 2008, ch. 364, § 2, eff. July 16, 2008; 77 Laws 2009, ch. 148, § 34, eff. July 10, 2009; 77 Laws 2010, ch. 318, § 7, eff. June 30, 2010.
Codifications: 11 Del.C. 1953, § 767
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 770
Effective: June 30, 2010
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter II. Offenses Against the Person
Subpart D. Sexual Offenses
§ 770. Rape in the fourth degree; class C felony
(a) A person is guilty of rape in the fourth degree when the person:
(1) Intentionally engages in sexual intercourse with another person, and the victim has not yet reached that victim’s sixteenth birthday; or
(2) Intentionally engages in sexual intercourse with another person, and the victim has not yet reached that victim’s eighteenth birthday, and the person is 30 years of age or older, except that such intercourse shall not be unlawful if the victim and person are married at the time of such intercourse; or
(3) Intentionally engages in sexual penetration with another person under any of the following circumstances:
a. The sexual penetration occurs without the victim's consent; or
b. The victim has not reached that victim’s sixteenth birthday.
(4) Repealed.
(b) Paragraph (a)(3) of this section does not apply to a licensed medical doctor or nurse who places 1 or more fingers or an object inside a vagina or anus for the purpose of diagnosis or treatment or to a law-enforcement officer who is engaged in the lawful performance of his or her duties.
Rape in the fourth degree is a class C felony.
CREDIT(S)
71 Laws 1998, ch. 285, § 10, eff. Sept. 9, 1998. Amended by 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 77 Laws 2010, ch. 318, §§ 7, 9, eff. June 30, 2010.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 771
Effective: June 30, 2010
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter II. Offenses Against the Person
Subpart D. Sexual Offenses
§ 771. Rape in the third degree; class B felony
(a) A person is guilty of rape in the third degree when the person:
(1) Intentionally engages in sexual intercourse with another person, and the victim has not reached that victim’s sixteenth birthday and the person is at least 10 years older than the victim, or the victim has not yet reached that victim’s fourteenth birthday and the person has reached that person’s nineteenth birthday and is not otherwise subject to prosecution pursuant to § 772 or § 773 of this title; or
(2) Intentionally engages in sexual penetration with another person under any of the following circumstances:
a. The sexual penetration occurs without the victim's consent and during the commission of the crime, or during the immediate flight from the crime, or during an attempt to prevent the reporting of the crime, the person causes physical injury or serious mental or emotional injury to the victim; or
b. The victim has not reached that victim’s sixteenth birthday and during the commission of the crime, or during the immediate flight from the crime, or during an attempt to prevent the reporting of the crime, the person causes physical injury or serious mental or emotional injury to the victim.
(3) Repealed.
(b) Paragraph (a)(2) of this section does not apply to a licensed medical doctor or nurse who places 1 or more fingers or an object inside a vagina or anus for the purpose of diagnosis or treatment, or to a law-enforcement officer who is engaged in the lawful performance of his or her duties.
(c) Notwithstanding any law to the contrary, in any case in which a violation of subsection (a) of this section has resulted in the birth of a child who is in the custody and care of the victim or the victim's legal guardian or guardians, the court shall order that the defendant, as a condition of any probation imposed pursuant to a conviction under this section, timely pay any child support ordered by the Family Court for such child.
(d) Nothing in this section shall preclude a separate charge, conviction and sentence for any other crime set forth in this title, or in the Delaware Code.
Rape in the third degree is a class B felony.
CREDIT(S)
71 Laws 1998, ch. 285, § 11, eff. Sept. 9, 1998. Amended 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; by 77 Laws 2010, ch. 271, §§ 4-6, eff. May 21, 2010; 77 Laws 2010, ch. 318, §§ 7, 8, eff. June 30, 2010.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 772
Effective: June 30, 2010
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter II. Offenses Against the Person
Subpart D. Sexual Offenses
§ 772. Rape in the second degree; class B felony
(a) A person is guilty of rape in the second degree when the person:
(1) Intentionally engages in sexual intercourse with another person, and the intercourse occurs without the victim's consent; or
(2) Intentionally engages in sexual penetration with another person under any of the following circumstances:
a. The sexual penetration occurs without the victim's consent and during the commission of the crime, or during the immediate flight following the commission of the crime, or during an attempt to prevent the reporting of the crime, the person causes serious physical injury to the victim; or
b. The sexual penetration occurs without the victim's consent, and was facilitated by or occurred during the course of the commission or attempted commission of:
1. Any felony; or
2. Any of the following misdemeanors: reckless endangering in the second degree; assault in the third degree; terroristic threatening; unlawfully administering drugs; unlawful imprisonment in the second degree; coercion or criminal trespass in the first, second or third degree; or
c. The victim has not yet reached that victim’s sixteenth birthday and during the commission of the crime, or during the immediate flight from the crime, or during an attempt to prevent the reporting of the crime, the person causes serious physical injury to the victim; or
d. The sexual penetration occurs without the victim's consent and during the commission of the crime, or during the immediate flight from the crime, or during an attempt to prevent the reporting of the crime, the person 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 dangerous instrument; or
e. The victim has not yet reached that victim’s sixteenth birthday and during the commission of the crime, or during the immediate flight from the crime, or during an attempt to prevent the reporting of the crime, the person 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 dangerous instrument; or
f. The sexual penetration occurs without the victim's consent, and a principal-accomplice relationship within the meaning set forth in § 271 of this title existed between the defendant and another person or persons with respect to the commission of the crime; or
g. The victim has not yet reached that victim’s twelfth birthday, and the defendant has reached that defendant’s eighteenth birthday.
h. Repealed.
(b) Nothing in this section shall preclude a separate charge, conviction and sentence for any other crime set forth in this title, or in the Delaware Code.
(c) Notwithstanding any provision of this title to the contrary, the minimum sentence for a person convicted of rape in the second degree in violation of this section shall be 10 years at Level V.
Rape in the second degree is a class B felony.
CREDIT(S)
71 Laws 1998, ch. 285, § 12, eff. Sept. 9, 1998. Amended by 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 74 Laws 2003, ch. 93, § 3, eff. June 30, 2003; 77 Laws 2010, ch. 318, § 7, eff. June 30, 2010.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 773
Effective: June 30, 2010
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter II. Offenses Against the Person
Subpart D. Sexual Offenses
§ 773. Rape in the first degree; class A felony
(a) A person is guilty of rape in the first degree when the person intentionally engages in sexual intercourse with another person and any of the following circumstances exist:
(1) The sexual intercourse occurs without the victim's consent and during the commission of the crime, or during the immediate flight following the commission of the crime, or during an attempt to prevent the reporting of the crime, the person causes physical injury or serious mental or emotional injury to the victim; or
(2) The sexual intercourse occurs without the victim's consent and it was facilitated by or occurred during the course of the commission or attempted commission of:
a. Any felony; or
b. Any of the following misdemeanors: reckless endangering in the second degree; assault in the third degree; terroristic threatening; unlawfully administering drugs; unlawful imprisonment in the second degree; coercion; or criminal trespass in the first, second or third degree; or
(3) In the course of the commission of rape in the second, third or fourth degree, or while in the immediate flight therefrom, the defendant displayed what appeared to be a deadly weapon or represents by word or conduct that the person is in possession or control of a deadly weapon or dangerous instrument; or
(4) The sexual intercourse occurs without the victim's consent, and a principal-accomplice relationship within the meaning set forth in § 271 of this title existed between the defendant and another person or persons with respect to the commission of the crime; or
(5) The victim has not yet reached that victim’s twelfth birthday, and the defendant has reached that defendant’s eighteenth birthday.
(6) Repealed.
(b) Nothing contained in this section shall preclude a separate charge, conviction and sentence for any other crime set forth in this title, or in the Delaware Code.
(c) Notwithstanding any law to the contrary, a person convicted of rape in the first degree shall be sentenced to life imprisonment without benefit of probation, parole or any other reduction if:
(1) The victim had not yet reached that victim’s sixteenth birthday at the time of the offense and the person inflicts serious physical injury on the victim; or
(2) The person intentionally causes serious and prolonged disfigurement to the victim permanently, or intentionally destroys, amputates or permanently disables a member or organ of the victim's body; or
(3) The person is convicted of rape against 3 or more separate victims; or
(4) The person has previously been convicted of unlawful sexual intercourse in the first degree, rape in the second degree or rape in the first degree, or any equivalent offense under the laws of this State, any other state or the United States.
Rape in the first degree is a class A felony.
CREDIT(S)
71 Laws 1998, ch. 285, § 13, eff. Sept. 9, 1998. Amended by 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 74 Laws 2003, ch. 93, § 3, eff. June 30, 2003; 77 Laws 2010, ch. 318, § 7, eff. June 30, 2010.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 774
Effective: June 30, 2010
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter II. Offenses Against the Person
Subpart D. Sexual Offenses
§ 774. Sexual extortion; class E felony
A person is guilty of sexual extortion when the person intentionally compels or induces another person to engage in any sexual act involving contact, penetration or intercourse with the person or another or others by means of instilling in the victim a fear that, if such sexual act is not performed, the defendant or another will:
(1) Cause physical injury to anyone;
(2) Cause damage to property;
(3) Engage in other conduct constituting a crime;
(4) Accuse anyone of a crime or cause criminal charges to be instituted against anyone;
(5) Expose a secret or publicize an asserted fact, whether true or false, intending to subject anyone to hatred, contempt or ridicule;
(6) Falsely testify or provide information or withhold testimony or information with respect to another's legal claim or defense; or
(7) Perform any other act which is calculated to harm another person materially with respect to the other person's health, safety, business, calling, career, financial condition, reputation or personal relationships.
Sexual extortion is a class E felony.
CREDIT(S)
68 Laws 1992, ch. 379, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 77 Laws 2010, ch. 318, § 2, eff. June 30, 2010. Redesignated from 11 Del.C. § 776 by 77 Laws 2010, ch. 318, § 6, eff. June 30, 2010.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 775
Effective: June 30, 2010
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter II. Offenses Against the Person
Subpart D. Sexual Offenses
§ 775. Bestiality
A person is guilty of bestiality when the person intentionally engages in any sexual act involving sexual contact, penetration or intercourse with the genitalia of an animal or intentionally causes another person to engage in any such sexual act with an animal for purposes of sexual gratification.
Bestiality is a class D felony.
CREDIT(S)
69 Laws 1993, ch. 91, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995. Redesignated from 11 Del.C. § 777 by 77 Laws 2010, ch. 318, § 6, eff. June 30, 2010.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 776
Effective: June 30, 2010
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter II. Offenses Against the Person
Subpart D. Sexual Offenses
§ 776. Continuous sexual abuse of a child; class B felony
(a) A person is guilty of continuous sexual abuse of a child when, either residing in the same home with the minor child or having recurring access to the child, the person intentionally engages in 3 or more acts of sexual conduct with a child under the age of 18 years of age over a period of time, not less than 3 months in duration.
(b) Sexual conduct under this section is defined as any of those criminal sexual acts defined under § 768, § 769, § 770, § 771, § 772, § 773, 777A, § 778, § 778A or § 1108 of this title.
(c) To convict under this section, the trier of fact, if a jury, need unanimously agree only that the requisite number of acts occurred, not on which acts constitute the requisite number.
(d) Continuous sexual abuse of a child is a class B felony.
CREDIT(S)
69 Laws 1994, ch. 442, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 75 Laws 2006, ch. 392, § 4, eff. July 10, 2006; 77 Laws 2010, ch. 318, §§ 3, 4, eff. June 30, 2010. Redesignated from 11 Del.C. § 778 by 77 Laws 2010, ch. 318, § 6, eff. June 30, 2010.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 777
Effective: June 30, 2010
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter II. Offenses Against the Person
Subpart D. Sexual Offenses
§ 777. Dangerous crime against a child, definitions, sentences
(a) A "dangerous crime against a child" is defined as any criminal sexual conduct against a minor under the age of 14 years as defined in §§ 770-773, § 777A, §§ 778-778A, or §§ 1108-1112A of this title. For purposes of this section only, and § 762(a) of this title to the contrary notwithstanding, the defendant may use as an affirmative defense that the defendant believed that the victim of the crime was over the age of 16 years of age.
(b) Except as otherwise provided in this title, a person who is at least 18 years of age, or who has been tried as an adult and who is convicted of a dangerous crime against a child as defined in subsection (a) of this section, shall be guilty of a class B felony. For a second offense under this section, the Court shall impose a mandatory sentence of life imprisonment.
(c) A person sentence pursuant to this section shall not be eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the sentence imposed by the Court has been served.
CREDIT(S)
70 Laws 1995, ch. 124, § 1, eff. July 4, 1995; 71 Laws 1998, ch. 467, § 7, eff. July 17, 1998; 77 Laws 2010, ch. 318, § 5, eff. June 30, 2010. Redesignated from 11 Del.C. § 779 by 77 Laws 2010, ch. 318, § 6, eff. June 30, 2010.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 777A
Effective: June 30, 2010
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter II. Offenses Against the Person
Subpart D. Sexual Offenses
§ 777A. Sex offender unlawful sexual conduct against a child
(a) A sex offender who knowingly commits any sexual offense against a child is guilty of sex offender unlawful sexual conduct against a child.
(b) For purposes of this section, the term "sex offender" shall mean any person registered or required to be registered pursuant to §§ 4120(b)(1) and 4121(a)(4) of this title, or the laws of any other state, the United States or any territory of the United States.
(c) For purposes of this section, the term "sexual offense" shall mean any offense designated as a sexual offense by § 761(h) of this title.
(d) For purposes of this section, the term "child" shall mean any individual who has not reached that child’s eighteenth birthday. If the underlying sexual offense involves an offense defined by §§ 1108, 1109, 1110, 1111 and 1112A of this title, the term "child" shall also mean any individual who is intended by the defendant to appear to be 14 years of age or less. A sex offender who knowingly possesses any material prohibited by § 1111 of this title is committing an offense against a child for purposes of this section.
(e) Sex offender unlawful sexual conduct against a child shall be punished as follows:
(1) If the underlying sexual offense is a misdemeanor, the crime of sex offender unlawful sexual conduct against a child shall be a class G felony except where the child against whom a sexual offense is committed is a child younger than 12 years of age in which case the crime of sex offender unlawful sexual conduct against a child shall be a class C felony;
(2) If the underlying sexual offense is a class C, D, E, F, or G felony, the crime of sex offender unlawful sexual conduct against a child shall be a felony 1 grade higher than the underlying offense except where the child against whom a sexual offense is committed is a child younger than 12 years of age in which case the crime of sex offender unlawful sexual conduct against a child shall be a class B felony;
(3) If the underlying sexual offense is a misdemeanor and the victim is under 18 years of age and has a cognitive disability, the crime of sex offender unlawful sexual conduct against a child shall be a class C felony;
(4) If the underlying sexual offense is a class C, D, E, F, or G felony and the victim is under 18 years of age and has a cognitive disability, the crime of sex offender unlawful sexual conduct against a child shall be a class B felony;
(5) If the underlying sexual offense is a class A or B felony, the crime of sex offender unlawful sexual conduct against a child shall be the same grade as the underlying offense, and the minimum sentence of imprisonment required for the underlying offense shall be doubled.
(f) The provisions of this section shall not apply if the defendant is also a child.
CREDIT(S)
76 Laws 2007, ch. 66, § 2, eff. June 28, 2007; 77 Laws 2009, ch. 149, §§ 1, 2, eff. July 10, 2009; 77 Laws 2009, ch. 150, § 4, eff. July 10, 2009. Redesignated from 11 Del.C. § 779A by 77 Laws 2010, ch. 318, § 6, eff. June 30, 2010.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 778
Effective: June 30, 2010
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter II. Offenses Against the Person
Subpart D. Sexual Offenses
§ 778. Sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree; penalties
A person is guilty of sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree when the person:
(1) Intentionally engages in sexual intercourse with a child who has not yet reached that child’s own sixteenth birthday and the person stands in a position of trust, authority or supervision over the child, or is an invitee or designee of a person who stands in a position of trust, authority or supervision over the child.
(2) Intentionally engages in sexual penetration with a child who has not yet reached that child’s own sixteenth birthday and the person stands in a position of trust, authority or supervision over the child, or is an invitee or designee of a person who stands in a position of trust, authority or supervision over the child.
(3) Intentionally engages in sexual intercourse or sexual penetration with a child who has reached that child’s own sixteenth birthday but has not yet reached that child’s own eighteenth birthday when the person is at least 4 years older than the child and the person stands in a position of trust, authority or supervision over the child, or is an invitee or designee of a person who stands in a position of trust, authority or supervision over the child.
(4) Intentionally engages in sexual intercourse or sexual penetration with a child and the victim has reached that child’s own sixteenth birthday but has not yet reached that child’s own eighteenth birthday and the person stands in a position of trust, authority or supervision over the child, or is an invitee or designee of a person who stands in a position of trust, authority or supervision over the child.
(5) Engages in an act of sexual extortion, as defined in § 774 of this title, against a child who has not yet reached that child’s own sixteenth birthday and the person stands in a position of trust, authority or supervision over the child, or is an invitee or designee of a person who stands in a position of trust, authority or supervision over the child.
(6) a. 1. Sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree as set forth in paragraph (1) of this section is a class A felony.
2. Notwithstanding any law to the contrary, a person convicted of sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree as set forth in this paragraph (6) shall be sentenced to life imprisonment without benefit of probation, parole or any other reduction if:
A. At the time of the offense the person inflicts serious physical injury on the victim; or
B. The person intentionally causes serious and prolonged disfigurement to the victim permanently, or intentionally destroys, amputates or permanently disables a member or organ of the victim's body; or
C. The person is convicted of sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree as set forth in this paragraph (6) against 3 or more separate victims; or
D. The person has previously been convicted of sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree, unlawful sexual intercourse in the first degree, rape in the second degree or rape in the first degree, or any equivalent offense under the laws of this State, any other state or the United States.
b. Sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree as set forth in paragraph (2) of this section is a class B felony. Notwithstanding any provision of this title to the contrary, the minimum sentence for a person convicted of sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree as set forth in paragraph (2) of this section shall be 10 years at Level V.
c. Sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree as set forth in paragraph (3) of this section is a class B felony.
d. Sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree as set forth in paragraph (4) of this section is a class C felony.
e. Sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree as set forth in paragraph (5) of this section is a class D felony.
(7) Nothing contained in this section shall preclude a separate charge, conviction and sentence for any other crime set forth in this title, or in the Delaware Code.
CREDIT(S)
Added by 77 Laws 2010, ch. 318, § 6, eff. June 30, 2010. Amended by 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 778A
Effective: June 30, 2010
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter II. Offenses Against the Person
Subpart D. Sexual Offenses
§ 778A. Sexual abuse of a child by a person in a position of trust, authority or supervision in the second degree; penalties
A person is guilty of sexual abuse of a child by a person in a position of trust, authority or supervision in the second degree when the person:
(1) Intentionally has sexual contact with a child who has not yet reached that child’s sixteenth birthday or causes the child to have sexual contact with the person or a third person and the person stands in a position of trust, authority or supervision over the child, or is an invitee or designee of a person who stands in a position of trust, authority or supervision over the child.
(2)a. Is a male who intentionally exposes his genitals or buttocks to a child who has not yet reached that child’s sixteenth birthday under circumstances in which he knows his conduct is likely to cause annoyance, affront, offense or alarm when the person is at least 4 years older than the child and he stands in a position of trust, authority or supervision over the child, or is an invitee or designee of a person who stands in a position of trust, authority or supervision over the child.
b. Is a female who intentionally exposes her genitals, breast or buttocks to a child who has not yet reached that child’s sixteenth birthday under circumstances in which she knows her conduct is likely to cause annoyance, affront, offense or alarm when the person is at least 4 years older than the child and she stands in a position of trust, authority or supervision over the child, or is an invitee or designee of a person who stands in a position of trust, authority or supervision over the child.
(3) Suggests, solicits, requests, commands, importunes or otherwise attempts to induce a child who has not yet reached that child’s sixteenth birthday to have sexual contact or sexual intercourse or unlawful sexual penetration with the person or a third person, knowing that the person is thereby likely to cause annoyance, affront, offense or alarm to the child or another when the person is at least 4 years older than the child and the person stands in a position of trust, authority or supervision over the child, or is an invitee or designee of a person who stands in a position of trust, authority or supervision over the child.
(4)a. Sexual abuse of a child by a person in a position of trust, authority or supervision in the second degree as set forth in paragraph (1) of this section is a class D felony.
b. Sexual abuse of a child by a person in a position of trust, authority or supervision in the second degree as set forth in paragraph (2) of this section is a class F felony.
c. Sexual abuse of a child by a person in a position of trust, authority or supervision in the second degree as set forth in paragraph (3) of this section is a class G felony.
(5) Nothing contained in this section shall preclude a separate charge, conviction and sentence for any other crime set forth in this title, or in the Delaware Code.
CREDIT(S)
70 Laws 1995, ch. 186, § 1, eff. July 10, 1995. Added by 77 Laws 2010, ch. 318, § 6, eff. June 30, 2010.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 779
Effective: June 30, 2010
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter II. Offenses Against the Person
Subpart D. Sexual Offenses
§ 779. Redesignated as 11 Del.C. § 777 by 77 Laws 2010, ch. 318, § 6, eff. June 30, 2010.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 779A
Effective: June 30, 2010
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter II. Offenses Against the Person
Subpart D. Sexual Offenses
§ 779A. Redesignated as 11 Del.C. § 777A by 77 Laws 2009, ch. 318, § 6, eff. June 30, 2010.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 780
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter II. Offenses Against the Person
Subpart D. Sexual Offenses
§ 780. Female genital mutilation
(a) A person is guilty of female genital mutilation when:
(1) A person knowingly circumcises, excises or infibulates the whole or any part of the labia majora, labia minora or clitoris of a female minor; or
(2) A parent, guardian or other person legally responsible or charged with the care or custody of a female minor allows the circumcision, excision or infibulation, in whole or in part, of such minor's labia majora, labia minora or clitoris.
(b) Female genital mutilation is a class E felony.
(c) It is not a defense to a violation that the conduct described in subsection (a) of this section above is required as a matter of custom, ritual or standard practice, or that the minor on whom it is performed or the minor's parent or legal guardian consented to the procedure.
(d) A surgical procedure is not a violation of this section if the procedure is:
(1) Necessary to the health of the minor on whom it is performed and is performed by a licensed physician under § 1720 of Title 24 or a physician-in-training under the supervision of a licensed physician; or
(2) Performed on a minor who is in labor or who has just given birth and is performed for medical purposes connected with that labor or birth by a licensed physician under § 1720 of Title 24 or a physician-in-training under the supervision of a licensed physician, or a licensed midwife under § 3336 of Title 18.
CREDIT(S)
70 Laws 1995, ch. 438, § 1, eff. July 3, 1996.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 781
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter II. Offenses Against the Person
Subpart E. Kidnapping and Related Offenses
§ 781. Unlawful imprisonment in the second degree; class A misdemeanor
A person is guilty of unlawful imprisonment in the second degree when the person knowingly and unlawfully restrains another person.
Unlawful imprisonment in the second degree is a class A misdemeanor.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 781
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 782
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter II. Offenses Against the Person
Subpart E. Kidnapping and Related Offenses
§ 782. Unlawful imprisonment in the first degree; class G felony
A person is guilty of unlawful imprisonment in the first degree when the person knowingly and unlawfully restrains another person under circumstances which expose that person to the risk of serious physical injury.
Unlawful imprisonment in the first degree is a class G felony.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 782
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 783
Effective: July 10, 2009
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter II. Offenses Against the Person
Subpart E. Kidnapping and Related Offenses
§ 783. Kidnapping in the second degree; class C felony
A person is guilty of kidnapping in the second degree when the person unlawfully restrains another person with any of the following purposes:
(1) To hold the victim for ransom or reward; or
(2) To use the victim as a shield or hostage; or
(3) To facilitate the commission of any felony or flight thereafter; or
(4) To inflict physical injury upon the victim, or to violate or abuse the victim sexually; or
(5) To terrorize the victim or a third person; or
(6) To take or entice any child less than 18 years of age from the custody of the child's parent, guardian or lawful custodian;
and the actor voluntarily releases the victim alive, unharmed and in a safe place prior to trial.
Kidnapping in the second degree is a class C felony.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 59 Laws 1974, ch. 547, § 5; 66 Laws 1988, ch. 398, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 77 Laws 2009, ch. 148, § 35, eff. July 10, 2009.
Codifications: 11 Del.C. 1953, § 783
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 783A
Effective: July 10, 2009
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter II. Offenses Against the Person
Subpart E. Kidnapping and Related Offenses
§ 783A. Kidnapping in the first degree; class B felony
A person is guilty of kidnapping in the first degree when the person unlawfully restrains another person with any of the following purposes:
(1) To hold the victim for ransom or reward; or
(2) To use the victim as a shield or hostage; or
(3) To facilitate the commission of any felony or flight thereafter; or
(4) To inflict physical injury upon the victim, or to violate or abuse the victim sexually; or
(5) To terrorize the victim or a third person; or
(6) To take or entice any child less than 18 years of age from the custody of the child's parent, guardian or lawful custodian;
and the actor does not voluntarily release the victim alive, unharmed and in a safe place prior to trial.
Kidnapping in the first degree is a class B felony.
CREDIT(S)
59 Laws 1974, ch. 547, § 5; 66 Laws 1988, ch. 398, § 2; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 77 Laws 2009, ch. 148, § 36, eff. July 10, 2009.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 784
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter II. Offenses Against the Person
Subpart E. Kidnapping and Related Offenses
§ 784. Defense to unlawful imprisonment and kidnapping
In any prosecution for unlawful imprisonment or kidnapping it is an affirmative defense that the accused was a relative of the victim, and the accused's sole purpose was to assume custody of the victim. In that case, the liability of the accused, if any, is governed by § 785 of this title, and the accused may be convicted under § 785 when indicted for unlawful imprisonment or kidnapping.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 784
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 785
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter II. Offenses Against the Person
Subpart E. Kidnapping and Related Offenses
§ 785. Interference with custody; class G felony; class A misdemeanor
A person is guilty of interference with custody when:
(1) Being a relative of a child less than 16 years old, intending to hold the child permanently or for a prolonged period and knowing that the person has no legal right to do so, the person takes or entices the child from the child's lawful custodian; or
(2) Knowing that the person has no legal right to do so, the person takes or entices from lawful custody any incompetent person or other person entrusted by authority of law to the custody of another person or an institution.
Interference with custody is a class A misdemeanor except that if the person who interferes with the custody of a child thereafter causes the removal of said child from Delaware, it is a class G felony.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 63 Laws 1982, ch. 268, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 785
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 786
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter II. Offenses Against the Person
Subpart E. Kidnapping and Related Offenses
§ 786. Kidnapping and related offenses; definitions
(a) "Harm" to a kidnap victim, in addition to its ordinary meaning, includes rape, unlawful sexual intercourse, unlawful sexual penetration or unlawful sexual contact, even if such rape, unlawful sexual intercourse, unlawful sexual penetration or unlawful sexual contact is not accompanied by physical violence.
(b) "Relative" means a parent, ancestor, brother, sister, uncle or aunt.
(c) "Restrain" means to restrict another person's movements intentionally in such a manner as to interfere substantially with the person's liberty by moving the person from 1 place to another, or by confining the person either in the place where the restriction commences or in a place to which the person has been moved, without consent. A person is moved or confined "without consent" when the movement or confinement is accomplished by physical force, intimidation or deception, or by any means, including acquiescence of the victim, if the victim is a child less than 16 years old or an incompetent person and the parent, guardian or other person or institution having lawful control or custody of the person has not acquiesced in the movement or confinement.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 66 Laws 1988, ch. 269, § 2; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 786
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 787
Effective: July 1, 2007
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter II. Offenses Against the Person
Subpart E. Kidnapping and Related Offenses
§ 787. Trafficking of persons and involuntary servitude; class F felony; class E felony; class C felony; class B felony; class A felony
(a) For the purposes of this section, the following definitions shall apply:
(1) "Blackmail" is to be given its ordinary meaning and includes but is not limited to a threat to expose any secret tending to subject any person to hatred, contempt, or ridicule;
(2) "Commercial sexual activity" means any sex act on account of which anything of value is given, promised to, or received by any person;
(3) "Forced labor or services" means labor, as defined in paragraph (a)(4) of this section, or services, as defined in paragraph (a)(7) of this section, that are performed or provided by another person and are obtained or maintained through coercion as enumerated in paragraph (b)(1) of this section;
(4) "Labor" means work of economic or financial value;
(5) "Maintain" means in relation to labor or services, to secure continued performance thereof, regardless of any initial agreement on the part of the victim to perform such type of service;
(6) "Obtain" means in relation to labor or services, to secure performance thereof;
(7) "Services" means an ongoing relationship between a person and the person in which the person performs activities under the supervision of or for the benefit of the person. Commercial sexual activity and sexually explicit performances are forms of services under this section. Nothing in this definition should be construed to legitimize or legalize prostitution;
(8) "Sexually explicit performance" means a live public act or show intended to arouse or satisfy the sexual desires or appeal to the prurient interest of patrons; and
(9) "Trafficking victim" means a person subjected to the practices set forth in subsection (b) of this section.
(b) Prohibited activities. --
(1) Involuntary servitude. --A person is guilty of holding another person in involuntary servitude when the person knowingly subjects, or attempts to subject, the person to forced labor or services.
a. By causing or threatening to cause physical harm to any person which is a class B felony;
b. By physically restraining or threatening to physically restrain another person which is a class B felony;
c. By abusing or threatening to abuse the law or legal process which is a class C felony;
d. By knowingly destroying, concealing, removing, confiscating or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document of another person which is a class E felony; or
e. By using blackmail, or using or threatening to cause financial harm to, or by using financial control over any person which is a class F felony.
(2) Sexual servitude of a minor. --A person is guilty of sexual servitude of a minor when the person knowingly:
a. Recruits, entices, harbors, transports, provides or obtains by any means, a minor under 18 years of age, knowing that the minor will engage in commercial sexual activity, a sexually explicit performance, or the production of pornography; or
b. Causes a minor to engage in commercial sexual activity or a sexually explicit performance:
1. Sexual servitude of a minor in which the minor was between the ages of 14 and 18 years and which did not involve overt force or threat is a class C felony;
2. Sexual servitude of a minor in which the minor had not attained the age of 14 years and which did not involve overt force or threat is a class B felony;
3. Sexual servitude of a minor in which overt force or threat was involved is a class A felony.
(3) Trafficking of persons for forced labor or services. --A person is guilty of trafficking of persons for forced labor or services when a person knowingly:
a. Recruits, entices, harbors, transports, provides or obtains by any means, another person, intending or knowing that the person will be subjected to forced labor or services; or
b. Benefits, financially or by receiving anything of value, from participation in a venture which has engaged in an act described in violation of this section.
Trafficking of persons for forced labor or services is a class B felony.
(4) Trafficking of persons for use of body parts. --A person is guilty of trafficking of persons for use of body parts when a person knowingly:
a. Recruits, entices, harbors, provides or obtains by any means, another person, intending or knowing that the person will have body parts removed for sale; or
b. Benefits, financially or by receiving anything of value, from participation in a venture which has engaged in an act described in violation of this section.
Such person shall be guilty of a class A felony. Nothing contained herein shall be construed as prohibiting the donation of an organ by an individual at a licensed medical facility after giving an informed voluntary consent.
(c) Restitution is mandatory under this section. --In addition to any other amount of loss identified, the court shall order restitution, including the greater of:
(1) The gross income or value to the defendant of the victim's labor or services; or
(2) The value of the victim's labor as guaranteed under the minimum wage and overtime provisions of the Fair Labor Standards Act (FLSA) [FN1] or of Title 19, whichever is greater.
(d) Assessment of victim protection needs. --
(1)
The Attorney General, in consultation with the Department of Health and Social
Services, shall, no later than July 1, 2008, issue a report outlining how
existing victim/
(2) The Department of Health and Social Services, in consultation with the Attorney General, shall, no later than July 1, 2008, issue a report outlining how existing social service programs respond or fail to respond to the needs of trafficking victims, as defined in paragraph (a)(9) of this section, the interplay of such existing programs with federally funded victim service programs, and areas needing improvement and modification. The report must include a section that states the ability of state programs and licensing bodies to recognize federal nonimmigrant status for the purposes of benefits, programs, and licenses.
CREDIT(S)
Added by 76 Laws 2007, ch. 125, § 1, eff. July 1, 2007.
[FN1] 29 U.S.C.A. § 201 et seq.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 791
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter II. Offenses Against the Person
Subpart F. Coercion
§ 791. Acts constituting coercion; class A misdemeanor
A person is guilty of coercion when the person compels or induces a person to engage in conduct which the victim has a legal right to abstain from engaging in, or to abstain from engaging in conduct in which the victim has a legal right to engage, by means of instilling in the victim a fear that, if the demand is not complied with, the defendant or another will:
(1) Cause physical injury to a person; or
(2) Cause damage to property; or
(3) Engage in other conduct constituting a crime; or
(4) Accuse some person of a crime or cause criminal charges to be instituted against a person; or
(5) Expose a secret or publicize an asserted fact, whether true or false, tending to subject some person to hatred, contempt or ridicule; or
(6) 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 that person's health, safety, business, calling, career, financial condition, reputation or personal relationships.
Coercion is a class A misdemeanor.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 791
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 792
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter II. Offenses Against the Person
Subpart F. Coercion
§ 792. Coercion; truth and proper motive as a defense
In any prosecution for coercion committed by instilling in the victim a fear that the victim or another person would be charged with a crime, it is a defense that the defendant believed the threatened charge to be true and that the defendant'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.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 792
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 801
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart 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.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 801
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 802
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart A. Arson and Related Offenses
§ 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.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 802
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 803
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart A. Arson and Related Offenses
§ 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.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 803
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 804
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart A. Arson and Related Offenses
§ 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.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 70 Laws 1996, ch. 344, §§ 1, 2, eff. May 23, 1996.
Codifications: 11 Del.C. 1953, § 804
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 805
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart A. Arson and Related Offenses
§ 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.
CREDIT(S)
69 Laws 1993, ch. 106, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 811
Effective: July 12, 2010
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart A. Arson and Related Offenses
§ 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(a)(9) 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.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 60 Laws 1976, ch. 590, § 6; 65 Laws 1986, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 70 Laws 1995, ch. 211, § 1, eff. July 12, 1995; 77 Laws 2009, ch. 133, § 14, eff. July 8, 2009; 77 Laws 2010, ch. 350, § 1, eff. July 12, 2010.
Codifications: 11 Del.C. 1953, § 811
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 812
Effective: July 12, 2010
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart A. Arson and Related Offenses
§ 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 half 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(a)(9) 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 half 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.
CREDIT(S)
Added by 71 Laws 1998, ch. 464, § 1, eff. July 17, 1998. Amended by 70 Laws 1995, ch. 186, § 1; 75 Laws 2005, ch. 68, § 1; 76 Laws 2008, ch. 377, § 1, eff. July 16, 2008; 77 Laws 2009, ch. 181, §§ 1, 2, eff. July 22, 2009; 77 Laws 2010, ch. 350, § 2, eff. July 12, 2010.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 813
Effective: July 13, 2011
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart A. Arson and Related Offenses
§ 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.
CREDIT(S)
Added by 78 Laws 2011, ch. 125, § 1, eff. July 13, 2011.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 820
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart 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.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 70 Laws 1996, ch. 550, § 1, eff. July 18, 1996.
Codifications: 11 Del.C. 1953, § 820
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 821
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart B. Criminal Trespass and Burglary
§ 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.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 821
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 822
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart B. Criminal Trespass and Burglary
§ 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.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 822
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 823
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart B. Criminal Trespass and Burglary
§ 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.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 65 Laws 1986, ch. 482, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 823
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 824
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart B. Criminal Trespass and Burglary
§ 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.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 824
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 825
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart B. Criminal Trespass and Burglary
§ 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:
(1) In a dwelling with intent to commit a crime therein; or
(2) In a building and when, in effecting entry or while in the building or in immediate flight therefrom, the person or another participant in the crime:
a. Is armed with explosives or a deadly weapon; or
b. Causes physical injury to any person who is not a participant in the crime.
Burglary in the second degree is class D felony, except where the person who suffers physical injury is a person 62 years of age or older in which case any violation of this section shall be a class C felony.
(b) Notwithstanding any provision of this section or Code to the contrary, any person convicted of burglary in the second degree shall receive a minimum sentence of:
(1) One year at Level V; or
(2) Three years at Level V, if the conviction is for an offense that was committed within 5 years of the date of a previous conviction for burglary first or second degree or if the conviction is for an offense that was committed within 5 years of the date of termination of all periods of incarceration or confinement imposed pursuant to a previous conviction for burglary first or second degree conviction.
Any sentence imposed pursuant to this subsection shall not be subject to the provisions of § 4215 of this title.
(c) The sentencing provisions of subsection (b) of this section apply to attempted burglary in the second degree as well as burglary in the second degree.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 73 Laws 2001, ch. 126, § 7, eff. July 9, 2001; 74 Laws 2003, ch. 106, § 4, eff. June 30, 2003; 74 Laws 2004, ch. 345, § 4, eff. July 12, 2004.
Codifications: 11 Del.C. 1953, § 825
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 826
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart B. Criminal Trespass and Burglary
§ 826. Burglary in the first degree; class C felony
(a) A person is guilty of burglary in the first degree when the person knowingly enters or remains unlawfully in a dwelling at night with intent to commit a crime therein, and when, in effecting entry or when in the dwelling or in immediate flight therefrom, the person or another participant in the crime:
(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 C felony, except where the person who suffers physical injury is a person 62 years of age or older in which case any violation of this section shall be a class B felony.
(b) Notwithstanding any provision of this section or Code to the contrary, any person convicted of burglary in the first degree shall receive a minimum sentence of:
(1) Two years at Level V; or
(2) Four years at Level V, if the conviction is for an offense that was committed within 5 years of the date of a previous conviction for burglary first or second degree or if the conviction is for an offense that was committed within 5 years of the date of termination of all periods of incarceration or confinement imposed pursuant to a previous conviction for burglary first or second degree conviction.
Any sentence imposed pursuant to this subsection shall not be subject to the provisions of § 4215 of this title.
(c) The sentencing provisions of subsection (b) of this section apply to attempted burglary in the first degree as well as burglary in the first degree.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 73 Laws 2001, ch. 126, § 8, eff. July 9, 2001; 74 Laws 2003, ch. 106, § 5, eff. June 30, 2003; 74 Laws 2004, ch. 345, § 5, eff. July 12, 2004.
Codifications: 11 Del.C. 1953, § 826
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 826A
Effective: June 1, 2012
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart B. Criminal Trespass and Burglary
§ 826A. Home invasion; class B felony
(a) A person is guilty of home invasion when the person knowingly enters or remains unlawfully in a dwelling with intent to commit a violent felony therein, and:
(1) That dwelling is occupied by another person who is not a participant in the crime; and
(2) When, in effecting entry or when in the dwelling or in 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. Robbery in any degree;
b. Assault in the first or second degree;
c. Murder in any degree;
d. Manslaughter;
e. Rape in any degree;
f. Kidnapping in any degree; and
(3) When, in effecting entry or when in the dwelling or in immediate flight therefrom, the person or another participant in the crime:
a. Is armed with explosives or a deadly weapon; or
b. Causes physical injury to any person who is not a participant in the crime.
Home invasion is a class B felony.
(b)(1) Notwithstanding any provision of this section or Code to the contrary, any person convicted of home invasion shall receive a minimum sentence of:
a. Six years at Level V; or
b. Eight years at Level V, if the conviction is for an offense that was committed within 5 years of the date of a previous conviction for home invasion or burglary first or second degree or if the conviction is for an offense that was committed within 5 years of the date of termination of all periods of incarceration or confinement imposed pursuant to a previous conviction for home invasion or burglary first or second degree conviction.
(2) Notwithstanding the provisions of paragraph (b)(1) of this section or any provision of this section or Code to the contrary, any person convicted of home invasion where the other person present in the dwelling, who is not another participant in the crime, is a person 62 years of age or older shall receive a minimum sentence of:
a. Seven years at Level V; or
b. Nine years at Level V, if the conviction is for an offense that was committed within 5 years of the date of a previous conviction for home invasion or burglary first or second degree or if the conviction is for an offense that was committed within 5 years of the date of termination of all periods of incarceration or confinement imposed pursuant to a previous conviction for home invasion or burglary first or second degree conviction.
Any sentence imposed pursuant to this subsection shall not be subject to the provisions of § 4215 of this title.
(c) The sentencing provisions of subsection (b) of this section apply to attempted home invasion as well as home invasion.
CREDIT(S)
Added by 78 Laws 2012, ch. 252, § 1, eff. June 1, 2012.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 827
Effective: June 1, 2012
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart B. Criminal Trespass and Burglary
§ 827. Multiple offenses
A person may be convicted both of burglary or home invasion 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.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 78 Laws 2012, ch. 252, § 6, eff. June 1, 2012.
Codifications: 11 Del.C. 1953, § 827
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 828
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart B. Criminal Trespass and Burglary
§ 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.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 70 Laws 1996, ch. 478, §§ 1, 2, eff. July 10, 1996; 72 Laws 2000, ch. 297, § 2, eff. May 18, 2000; 75 Laws 2005, ch. 162, § 1, eff. July 12, 2005.
Codifications: 11 Del.C. 1953, § 828
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 829
Effective: June 1, 2012
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart B. Criminal Trespass and Burglary
§ 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.
(c) 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.
(d) 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.
(e) 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.
(f) "Night" means a period between 30 minutes after sunset and 30 minutes before sunrise.
(g) "Premises" include the term "building" as defined in § 222 of this title, and any real property.
(h) "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.
(i) 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.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 70 Laws 1996, ch. 478, § 3, eff. July 10, 1996; 76 Laws 2008, ch. 267, § 1, eff. June 30, 2008; 76 Laws 2008, ch. 310, § 1, eff. July 3, 2008; 78 Laws 2012, ch. 252, §§ 7, 8, eff. June 1, 2012.
Codifications: 11 Del.C. 1953, § 829
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 831
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart C. Robbery
§ 831. Robbery in the second degree; class E 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.
Robbery in the second degree is a class E felony.
(b) 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.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 65 Laws 1986, ch. 517, § 1; 67 Laws 1989, ch. 130, § 8; 68 Laws 1991, ch. 129, § 4; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 71 Laws 1997, ch. 47, § 1, eff. May 22, 1997.
Codifications: 11 Del.C. 1953, § 831
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 832
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart C. Robbery
§ 832. Robbery in the first degree
(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 62 years of age or older.
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 is for an offense that was committed within 10 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 10 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.
Any sentence imposed pursuant to this subsection shall not be subject to the provisions of § 4215 of this title.
(c) The sentencing provisions of this section apply to attempted robbery in the first degree as well as robbery in the first degree.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 59 Laws 1974, ch. 547, § 6; 60 Laws 1975, ch. 240, §§ 1, 2; 63 Laws 1982, ch. 329, § 1; 67 Laws 1989, ch. 130, §§ 8, 13; 68 Laws 1991, ch. 129, § 5; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 73 Laws 2001, ch. 126, § 9, eff. July 9, 2001; 74 Laws 2003, ch. 93, § 1, eff. June 30, 2003; 74 Laws 2003, ch. 106, § 6, eff. June 30, 2003; 74 Laws 2004, ch. 345, § 6, eff. July 12, 2004.
Codifications: 11 Del.C. 1953, § 832
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 835
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart C. Robbery
§ 835. Carjacking in the second degree; class E felony; class D felony
(a) A person is guilty of carjacking in the second degree when that person knowingly and unlawfully takes possession or control of a motor vehicle from another person or from the immediate presence of another person by coercion, duress or otherwise without the permission of the other person.
(b)(1) Except as provided in paragraph (2) of this subsection, carjacking in the second degree is a class E felony.
(2) Carjacking in the second degree is a class D felony if the elements of subsection (a) of this section are met and if, while in possession or control of the vehicle, the person:
a. Recklessly engages in conduct which creates a substantial risk of death or serious physical injury to another person; or
b. Compels a lawful occupant of the vehicle to leave the vehicle; or
c. Causes the vehicle to be operated recklessly.
(c) It is no defense to a prosecution under this section that the offender did not physically drive or operate the motor vehicle, nor is it a defense under this section that the offender did not intend to permanently deprive the owner or another person of the use of the vehicle.
(d) This section is not a related or included offense of § 831 or § 832 of this title. Nothing in this section shall be deemed to preclude prosecution under any other provision of this Code.
CREDIT(S)
72 Laws 1999, ch. 34, § 1, eff. May 12, 1999.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 836
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart C. Robbery
§ 836. Carjacking in the first degree; class C felony; class B felony
(a) A person is guilty of carjacking in the first degree when the person knowingly and unlawfully takes possession or control of a motor vehicle from another person or from the immediate presence of another person by coercion, duress or otherwise without the permission of the other person, and:
(1) While in possession or control of such vehicle the person commits or attempts to commit a class D or greater felony; or
(2) While in possession or control of such vehicle the person drives or operates the vehicle in violation of § 4177 of Title 21; or
(3) While in possession or control of such vehicle the person commits any offense set forth in Chapter 47 of Title 16; or
(4) While in possession or control of such vehicle or while in the course of taking or attempting to take possession or control of such vehicle the person 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.
(5) While in possession or control of such vehicle the person causes physical injury to another person; or
(6) The person from whom possession or control of the vehicle is taken, or an occupant or passenger of such vehicle, is 62 years of age or older or 14 years of age or younger.
(b) Carjacking in the first degree as defined in paragraphs (a)(1), (a)(2) and (a)(3) of this section is a class C felony. Carjacking in the first degree as defined in paragraphs (a)(4), (a)(5) and (a)(6) of this section is a class B felony.
(c) It is no defense to a prosecution under this section that the offender did not physically drive or operate the motor vehicle, nor is it a defense under this section that the offender did not intend to permanently deprive the owner or another person of the use of the vehicle.
(d) It is no defense to a prosecution under paragraph (a)(6) of this section, that the accused did not know the age of the person from whom possession or control of the vehicle is taken, or an occupant or passenger of such vehicle, or that the accused reasonably believed such person to be under the age of 62 or over the age of 14.
(e) For the purpose of any prosecution under paragraph (a)(5) of this section, it is unnecessary to prove the accused's state of mind with regard to causation of physical injury, notwithstanding the provisions of § 251 or § 252 of this title or any other statute to the contrary.
(f) This section is not a related or included offense of § 831 or § 832 of this title. Nothing in this section shall be deemed to preclude prosecution under any other provision of this Code.
CREDIT(S)
72 Laws 1999, ch. 34, § 2, eff. May 12, 1999; 74 Laws 2003, ch. 93, § 2, eff. June 30, 2003.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 837
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart C. Robbery
§ 837. Definitions relating to carjacking
(a) "Another person" includes the owner of the vehicle or any operator, occupant, passenger of the vehicle or any other person who has an interest in the use of the vehicle which the offender is not privileged to infringe.
(b) "Motor vehicle" or "vehicle," in addition to its ordinary meaning, includes any watercraft.
CREDIT(S)
72 Laws 1999, ch. 34, § 3, eff. May 12, 1999.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 840
Effective: July 8, 2009
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart 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.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 60 Laws 1976, ch. 590, § 1; 61 Laws 1977, ch. 35, § 1; 61 Laws 1978, ch. 482, § 1; 65 Laws 1986, ch. 497, § 2; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 70 Laws 1995, ch. 211, § 2, eff. July 12, 1995; 72 Laws 1999, ch. 222, § 1, eff. July 23, 1999; 77 Laws 2009, ch. 133, § 1, eff. July 8, 2009.
Codifications: 11 Del.C. 1953, § 840
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 840A
Effective: July 8, 2009
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart D. Theft and Related Offenses
§ 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.
CREDIT(S)
73 Laws 2001, ch. 31, § 1, eff. May 17, 2001; 77 Laws 2009, ch. 133, § 2, eff. July 8, 2009.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 841
Effective: July 20, 2012
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart D. Theft and Related Offenses
§ 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/
CREDIT(S)
Added by 58 Laws 1972, ch. 497, § 1. Amended by 60 Laws 1976, ch. 590, § 2; 65 Laws 1986, ch. 497, § 3; 67 Laws 1989, ch. 130, § 8; 69 Laws 1994, ch. 315, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 70 Laws 1995, ch. 209, § 1, eff. July 11, 1995; 70 Laws 1996, ch. 364, §§ 1, 2, eff. June 10, 1996; 73 Laws 2001, ch. 126, § 10, eff. July 9, 2001; 73 Laws 2001, ch. 126, § 11, eff. July 9, 2001; 76 Laws 2007, ch. 98, § 3, eff. July 5, 2007; 77 Laws 2009, ch. 133, § 3, eff. July 8, 2009; 78 Laws 2011, ch. 179, §§ 83-91, 371, eff. Aug. 17, 2011; 78 Laws 2012, ch. 353, §§ 1, 2, eff. July 20, 2012.
Codifications: 11 Del.C. 1953, § 841
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 841A
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart D. Theft and Related Offenses
§ 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.
CREDIT(S)
Added by 75 Laws 2006, ch. 290, § 1, eff. June 20, 2006.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 841B
Effective: July 5, 2007
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart D. Theft and Related Offenses
§ 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.
CREDIT(S)
Added by 76 Laws 2007, ch. 98, § 4, eff. July 5, 2007.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 841C
Effective: July 13, 2009
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart D. Theft and Related Offenses
§ 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.
CREDIT(S)
Added by 77 Laws 2009, ch. 161, § 1, eff. July 13, 2009.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 842
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart D. Theft and Related Offenses
§ 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.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 842
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 843
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart D. Theft and Related Offenses
§ 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.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 843
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 844
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart D. Theft and Related Offenses
§ 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.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 844
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 845
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart D. Theft and Related Offenses
§ 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.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 61 Laws 1978, ch. 227, §§ 1, 2; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 845
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 846
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart D. Theft and Related Offenses
§ 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.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 73 Laws 2001, ch. 126, § 12, eff. July 9, 2001.
Codifications: 11 Del.C. 1953, § 846
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 847
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart D. Theft and Related Offenses
§ 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.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 847
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 848
Effective: July 8, 2009
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart D. Theft and Related Offenses
§ 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.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 60 Laws 1976, ch. 590, § 3; 65 Laws 1986, ch. 497, § 4; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 70 Laws 1995, ch. 211, § 4, eff. July 12, 1995; 77 Laws 2009, ch. 133, § 4, eff. July 8, 2009.
Codifications: 11 Del.C. 1953, § 848
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 849
Effective: July 8, 2009
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart D. Theft and Related Offenses
§ 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/
(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/
(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.
CREDIT(S)
69 Laws 1993, ch. 110, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 70 Laws 1995, ch. 211, § 5, eff. July 12, 1995; 70 Laws 1995, ch. 260, §§ 1 to 3, eff. July 19, 1995; 77 Laws 2009, ch. 133, § 5, eff. July 8, 2009.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 850
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart D. Theft and Related Offenses
§ 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 (2) or (3) of this subsection, 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 (2)a. and (3)a. of this subsection, 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 (2)a. and (3)a. of this subsection, 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) [FN1].
(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 (3) of this subsection;
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.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 59 Laws 1973, ch. 203, § 21; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 70 Laws 1996, ch. 475, § 1; 73 Laws 2001, ch. 106, § 1, eff. July 9, 2001.
Codifications: 11 Del.C. 1953, § 850
[FN1] 47 U.S.C.A. § 609 et seq.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 851
Effective: July 8, 2009
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart D. Theft and Related Offenses
§ 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.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 60 Laws 1976, ch. 590, § 4; 65 Laws 1986, ch. 497, § 5; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 70 Laws 1995, ch. 211, § 6, eff. July 12, 1995; 77 Laws 2009, ch. 133, § 6, eff. July 8, 2009.
Codifications: 11 Del.C. 1953, § 851
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 852
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart D. Theft and Related Offenses
§ 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.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 59 Laws 1973, ch. 203, § 27; 67 Laws 1990, ch. 238, § 1; 69 Laws 1994, ch. 408, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 852
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 852A
Effective: July 8, 2009
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart D. Theft and Related Offenses
§ 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.
CREDIT(S)
Added by 76 Laws 2007, ch. 147, § 1, eff. July 17, 2007; 77 Laws 2009, ch. 133, § 7, eff. July 8, 2009.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 853
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart D. Theft and Related Offenses
§ 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 3rd party, whether or not such 3rd party continues or resumes payment to the creditor or creditors.
Unauthorized use of a vehicle is a class A misdemeanor.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 68 Laws 1992, ch. 333, §§ 1, 2; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 853
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 854
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart D. Theft and Related Offenses
§ 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, credit card number, debit 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.
CREDIT(S)
72 Laws 2000, ch. 297, § 1, eff. May 18, 2000; 74 Laws 2004, ch. 425, § 1, eff. Aug. 23, 2004.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 854A
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart D. Theft and Related Offenses
§ 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.A. § 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.
CREDIT(S)
70 Laws 1995, ch. 186, § 1, eff. July 10, 1995. Added by 75 Laws 2006, ch. 338, § 1, eff. Oct. 28, 2006.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 855
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart D. Theft and Related Offenses
§ 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.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 66 Laws 1988, ch. 251, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 855
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 856
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart D. Theft and Related Offenses
§ 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.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 71 Laws 1998, ch. 260, §§ 1 to 3, eff. April 9, 1998.
Codifications: 11 Del.C. 1953, § 856
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 857
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart D. Theft and Related Offenses
§ 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.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 63 Laws 1982, ch. 218, §§ 2, 3; 64 Laws 1983, ch. 134, § 1.
Codifications: 11 Del.C. 1953, § 857
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 858
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart D. Theft and Related Offenses
§ 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 not withstanding 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.
CREDIT(S)
Added by 75 Laws 2006, ch. 316, § 1, eff. June 28, 2006.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 859
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart D. Theft and Related Offenses
§ 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.
CREDIT(S)
59 Laws 1973, ch. 60, § 1; 67 Laws 1989, ch. 130, § 8; 67 Laws 1990, ch. 350, § 7; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 859
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 860
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart D. Theft and Related Offenses
§ 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.
CREDIT(S)
72 Laws 1999, ch. 222, § 2, eff. July 23, 1999; 75 Laws 2005, ch. 162, § 2, eff. July 12, 2005.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 861
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart 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.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 62 Laws 1980, ch. 241, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 861
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 862
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart E. Forgery and Related Offenses
§ 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.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 59 Laws 1973, ch. 203, § 22; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 862
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 863
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart E. Forgery and Related Offenses
§ 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.
CREDIT(S)
58 Laws 1972, ch. 497, § 1.
Codifications: 11 Del.C. 1953, § 863
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 871
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart F. Offenses Involving Falsification of Records
§ 871. Falsifying business records; class A misdemeanor
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.
Falsifying business records is a class A misdemeanor.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 871
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 872
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart F. Offenses Involving Falsification of Records
§ 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.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 872
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 873
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart F. Offenses Involving Falsification of Records
§ 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.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 873
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 876
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart F. Offenses Involving Falsification of Records
§ 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.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 876
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 877
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart F. Offenses Involving Falsification of Records
§ 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.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 877
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 878
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart F. Offenses Involving Falsification of Records
§ 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.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 878
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 881
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart 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.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 881
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 882
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart G. Bribery Not Involving Public Servants
§ 882. Bribe receiving; class A misdemeanor
A person is guilty of bribe receiving if:
Being an employee, agent or fiduciary and, without the consent of the employer or principal, the person solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that the benefit will influence the person to take some action with regard to the employer's or principal's affairs which would not be warranted upon reasonable consideration of the factors which the person should have taken into account; or
Being a duly appointed representative of a labor organization or a duly appointed trustee or representative of an employee welfare trust fund, the person solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that the benefit will influence the person in respect to any of the person's acts, decisions or duties as representative or trustee; or
Being a participant in a sports contest, the person solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that the person will thereby be influenced not to give the best effort in a sports contest; or
Being an official in a sports contest, the person solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that the person will perform duties improperly.
Bribe receiving is a class A misdemeanor.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 882
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 891
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart H. Frauds on Creditors
§ 891. Defrauding secured creditors; class A misdemeanor
A person is guilty of defrauding secured creditors if the person destroys, removes, conceals, encumbers, transfers or otherwise deals with property subject to a security interest, intending to defeat enforcement of that interest.
Defrauding secured creditors is a class A misdemeanor.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 891
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 892
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart H. Frauds on Creditors
§ 892. Fraud in insolvency; class A misdemeanor
A person is guilty of fraud in insolvency when, with intent to defraud any creditor and knowing that a receiver or other person entitled to administer property for the benefit of creditors has been appointed, or that any other composition or liquidation for the benefit of creditors has been made, the person:
(1) Conveys, transfers, removes, conceals, destroys, encumbers or otherwise disposes of any part of or any interest in the debtor's estate; or
(2) Obtains any substantial part of or interest in the debtor's estate; or
(3) Presents to any creditor or to the receiver or administrator any writing or record relating to the debtor's estate knowing the same to contain a false material statement; or
(4) Misrepresents or fails or refuses to disclose to the receiver or administrator the existence, amount or location of any part of or any interest in the debtor's estate, or any other information which the person is legally required to furnish to the administrator.
Fraud in insolvency is a class A misdemeanor.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 892
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 893
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart H. Frauds on Creditors
§ 893. Interference with levied-upon property; class A misdemeanor
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.
Interference with levied-upon property is a class A misdemeanor.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 893
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 900
Effective: July 8, 2009
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart I. Other Frauds and Cheats
§ 900. Issuing a bad check; class A misdemeanor; class G felony
(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. For the purpose of this section, as well as in any prosecution for theft committed by means of a bad check, it is prima facie evidence of knowledge that the check (other than a postdated check) would not be honored that:
(1) The issuer had no account with the drawee at the time the check was issued; or
(2) Payment was refused by the drawee upon presentation because the issuer had insufficient funds or credit, and the issuer failed to make good within 10 days after receiving notice of that refusal.
Issuing a bad check is a class A misdemeanor unless the amount of the check is $1,500 or more, in which case it is a class G felony.
(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 person's valid driver's license or other photo identification card, which lists the person's name, address, date of birth and approximate height and weight, to validate the identity of the person presenting the check; and (2) record on the check being presented the person's name, driver's license number, if such person has a driver's license, date of birth and address, may result in the refusal of a law enforcement agency to investigate violations of subsection (a) of this section.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 64 Laws 1983, ch. 125, § 1; 65 Laws 1986, ch. 497, § 6; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 70 Laws 1995, ch. 211, § 7, eff. July 12, 1995; 70 Laws 1996, ch. 501, § 1, eff. July 12, 1996; 77 Laws 2009, ch. 133, § 8, eff. July 8, 2009.
Codifications: 11 Del.C. 1953, § 900
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 900A
Effective: July 8, 2009
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart I. Other Frauds and Cheats
§ 900A. Conditional discharge for issuing a bad check as first offense
(a) Whenever any person who has not previously been convicted of issuing or passing a bad check under § 900 of this title or under any statute of the United States or of any state relating to the issuing or passing of bad checks pleads guilty to issuing or passing a bad check in violation of § 900 of this title in an amount under $1,500 at the time of arraignment, the court without entering a judgment of guilt and with the consent of the accused may defer further proceedings and place the accused on probation upon terms and conditions, which terms and conditions shall include payment of full restitution in the amount of the check plus any reasonable service fee in connection therewith to the victim of the offense and payment to the State of any court costs associated with the offense. Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided.
(b) Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against the person and shall simultaneously with said discharge and dismissal submit to the State Bureau of Identification pursuant to Chapter 85 of this title the disposition specifying the name of the person and the nature of the proceedings which dispositional information shall be retained by the State Bureau of Identification in accordance with its standard operating procedures.
(c) Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. There may be only 1 discharge and dismissal under this section with respect to any person and no person who is charged with multiple violations of § 900 of this title is eligible for treatment as a first offender under this section.
CREDIT(S)
66 Laws 1988, ch. 252, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 70 Laws 1995, ch. 211, § 8, eff. July 12, 1995; 77 Laws 2009, ch. 133, § 9, eff. July 8, 2009.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 901
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart I. Other Frauds and Cheats
§ 901. Definition of "issues" and "passes"
(a) "Issues."--A person issues a check when, as drawer thereof or as a person who signs a check as drawer in a representative capacity or as agent of the person whose name appears thereon as the principal drawer or obligor, the person delivers it or causes it to be delivered to a person who thereby acquires a right against the drawer with respect to the check. One who draws a check with intent that it be so delivered is deemed to have issued it if the delivery occurs.
(b) "Passes."--A person passes a check when, being a payee, holder or bearer of a check which previously has been or purports to have been drawn and issued by another, the person delivers it, for a purpose other than collection to a third person who thereby acquires a right with respect thereto.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 901
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 902
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart I. Other Frauds and Cheats
§ 902. Issuance of bad check by employee as affirmative defense
In any prosecution for issuing a bad check, it is an affirmative defense that the accused, in acting as drawer in a representative capacity or as agent of the person whose name appears on the check as principal drawer or obligor, did so as an employee who, without personal benefit, merely executed the orders of the employer or of a superior officer or employee generally authorized to direct the accused's activities.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 902
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 903
Effective: July 8, 2009
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart I. Other Frauds and Cheats
§ 903. Unlawful use of credit card; class G felony; class A misdemeanor
(a) A person is guilty of unlawful use of a credit card when the person uses or knowingly permits or encourages another to use a credit card for the purpose of obtaining property or services knowing that:
(1) The card is stolen, forged or fictitious; or
(2) The card belongs to another person who has not authorized its use; or
(3) The card has been revoked or canceled; or
(4) For any other reason use of the card is unauthorized by the issuer.
(b) A person is guilty of unlawful use of a credit card where such person knowingly:
(1) Makes, possesses, sells, gives or otherwise transfers to another, or offers or advertises a credit card with the intent that it be used or with the knowledge or reason to believe that it will be used to obtain property or services without payment of the lawful charges therefor; or
(2) Publishes a credit card or code of an existing, canceled, revoked, expired or nonexistent credit card, or the numbering or coding which is employed in the issuance of credit cards, with the intent that it be used or with knowledge or reason to believe that it will be used to avoid the payment of any property or services. As used in this section "publishes" means the communication of information to any 1 or more persons, either orally, in person or by telephone, radio or television, or in a writing of any kind, including without limitation a letter or memorandum, circular or handbill, newspaper or magazine article or book.
(c)(1) Except where the victim of any violation of this section is a person 62 years of age or older, unlawful use of a credit card is a class A misdemeanor unless the value of the property or services secured or sought to be secured by means of the credit card is $1,500 or more, in which case it is a class G felony.
(2) Where the victim of any violation of this section is a person 62 years of age or older, unlawful use of a credit card is a class G felony unless the value of the property or services secured or sought to be secured by means of the credit card is $1,500 or more, in which case it is a class F felony.
(d) Amounts involved in unlawful use of a credit card pursuant to 1 scheme or course of conduct, whether from the same issuer or several issuers, may be aggregated in determining whether such unlawful use constitutes a class A misdemeanor or a class G felony under this section.
(e) A person may be prosecuted and convicted under this section in such county or counties within Delaware where the property or services giving rise to the prosecution were solicited, or where the property or services were received or were attempted to be received or where the charges for the property or services were billable in the normal course of business.
CREDIT(S)
Added by 58 Laws 1972, ch. 497, § 1. Amended by 60 Laws 1976, ch. 590, § 5; 65 Laws 1986, ch. 497, § 7; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 70 Laws 1995, ch. 211, § 9, eff. July 12, 1995; 73 Laws 2001, ch. 126, § 13, eff. July 9, 2001; 77 Laws 2009, ch. 133, § 10, eff. July 8, 2009.
Codifications: 11 Del.C. 1953, § 903
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 903A
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart I. Other Frauds and Cheats
§ 903A. Reencoder and scanning devices
(a) Any person who knowingly, wilfully, and with the intent to defraud, possesses a scanning device, or who knowingly, wilfully, and with intent to defraud, uses a scanning device to access, read, obtain, memorize or store, temporarily or permanently, information encoded on the computer chip or magnetic strip or stripe of a payment card without the permission of the authorized user of the payment card is guilty of a class D felony.
(b) Any person who knowingly, wilfully, and with the intent to defraud, possesses a reencoder, or who knowingly, wilfully, and with intent to defraud, uses a reencoder to place encoded information on the computer chip or magnetic strip or stripe of a payment card or any electronic medium that allows an authorized transaction to occur, without the permission of the authorized user of the payment card from which the information is being reencoded is guilty of a class D felony.
(c) Any scanning device or reencoder described in subsection (e) of this section allegedly possessed or used in violation of subsection (a) or (b) of this section shall be seized and upon conviction shall be forfeited.
(d) Any computer, computer system, computer network, or any software or data, owned by the defendant, which is used during the commission of any public offense described in this section or any computer, owned by the defendant, which is used as a repository for the storage of software or data illegally obtained in violation of this section shall be subject to forfeiture.
(e) As used in this section, the following definitions apply:
(1) ‘‘Payment card" means a credit card, debit card, or any other card that is issued to an authorized user and that allows the user to obtain, purchase, or receive goods, services, money, or anything else of value.
(2) ‘‘Reencoder" means an electronic device that places encoded information from the computer chip or magnetic strip or stripe of a payment card onto the computer chip or magnetic strip or stripe of a different payment card or any electronic medium that allows an authorized transaction to occur.
(3) ‘‘Scanning device" means a scanner, reader, or any other electronic device that is used to access, read, scan, obtain, memorize, or store, temporarily or permanently, information encoded on the computer chip or magnetic strip or stripe of a payment card.
(f) Nothing in this section shall preclude prosecution under any other provision of law.
CREDIT(S)
74 Laws 2004, ch. 248, § 1, eff. May 25, 2004.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 904
Effective:[See Text Amendments]
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Subpart I. Other Frauds and Cheats
§ 904. Definition of "credit card"
"Credit card" means a writing, number or other evidence of an undertaking to pay for property or services delivered or rendered to or upon order of a designated person or bearer.
CREDIT(S)
58 Laws 1972, ch. 497, § 1.
Codifications: 11 Del.C. 1953, § 904
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 905
Effective:[See Text Amendments]
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Subpart I. Other Frauds and Cheats
§ 905. Intention and ability to meet obligations as affirmative defense
In any prosecution for unauthorized use of a credit card under § 903(a)(4) of this title it is an affirmative defense that the accused had the intention and ability to meet all obligations to the issuer arising out of the use of the card.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 905
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 906
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
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Subchapter III. Offenses Involving Property
Subpart I. Other Frauds and Cheats
§ 906. Deceptive business practices; class A misdemeanor
A person is guilty of deceptive business practices when in the course of business the person knowingly or recklessly:
(1) Uses or possesses for use a false weight or measure, or any other device for falsely determining or recording any quality or quantity; or
(2) Sells, offers or exposes for sale, or delivers less than the represented quantity of any commodity or service; or
(3) Takes or attempts to take more than the represented quantity of any commodity or service; or
(4) Sells, offers or exposes for sale adulterated or mislabeled commodities. "Adulterated" means varying from the standard of composition or quality prescribed by or pursuant to any statute providing criminal penalties for such variance, or set by established commercial usage. "Mislabeled" means varying from the standard of truth or disclosure in labeling prescribed by or pursuant to any statute providing criminal penalties for such variance, or set by established commercial usage; or
(5) Makes a false or misleading statement in any advertisement addressed to the public or to a substantial segment thereof intending to promote the sale or increase the consumption of property or services; or
(6) Makes a false or misleading written statement for the purpose of promoting the sale of securities, or omits information required by law to be disclosed in written documents relating to securities; or
(7) Notifies any other person that the other person has won a prize, received an award or has been selected or is eligible to receive anything of value if the other person is required to respond through the use of a 900 service telephone number or similar service number.
This section shall not apply to publishers, broadcasters, printers or other persons engaged in the dissemination of information or reproduction of printed or pictorial matter who publish, broadcast or reproduce material without knowledge of its deceptive character.
Deceptive business practices are a class A misdemeanor.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 68 Laws 1992, ch. 240, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 906
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 907
Effective:[See Text Amendments]
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Subpart I. Other Frauds and Cheats
§ 907. Criminal impersonation; class A misdemeanor
A person is guilty of criminal impersonation when the person:
(1) Impersonates another person and does an act in an assumed character intending to obtain a benefit or to injure or defraud another person; or
(2) Pretends to be a representative of some person or organization and does an act in a pretended capacity with intent to obtain a benefit or to injure or defraud another person; or
(3) Pretends to be a public servant, or wears or displays without authority any identification, uniform or badge by which a public servant is lawfully distinguished or identified.
Criminal impersonation is a class A misdemeanor.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 907
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 907A
Effective:[See Text Amendments]
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Subchapter III. Offenses Involving Property
Subpart I. Other Frauds and Cheats
§ 907A. Criminal impersonation, accident related; class G felony
A person is guilty of criminal impersonation, accident related, when after being in a motor vehicle accident involving serious physical injury or death to any person:
(1) A driver knowingly pretends to have been someone other than the driver of the vehicle the person was operating; or
(2) Any person knowingly pretends to have been a driver of 1 of the vehicles involved in the accident.
Criminal impersonation, accident related, is a class G felony. The driving privileges of anyone convicted of violating paragraph (1) of this section shall be suspended by the Division of Motor Vehicles for a period of 2 years.
CREDIT(S)
68 Laws 1992, ch. 195, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 907B
Effective: June 28, 2007
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§ 907B. Criminal impersonation of a police officer, firefighter, emergency medical technician (EMT), paramedic or fire police; class E felony, class C felony
(a) A person is guilty of criminal impersonation of a police officer, firefighter, emergency medical technician (EMT), paramedic or fire police when the person, intending to facilitate the commission of a crime or while in immediate flight therefrom:
(1) Intentionally and without lawful authority impersonates or otherwise pretends to be a police officer, firefighter, emergency medical technician (EMT), paramedic or fire police; or
(2) Without lawful authority does any act intended to create or reinforce a false impression that the person is a police officer, firefighter, emergency medical technician (EMT), paramedic or fire police.
(b) Criminal impersonation of a police officer, firefighter, emergency medical technician (EMT), paramedic or fire police is a class E felony, unless during the course of the commission of the crime, or while in 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) Commits a class A felony or class B felony as defined by this title or any sexual offense as defined by § 761(g) of this title, in which case it is a class C felony.
(c) Nothing in this section shall preclude a separate charge, conviction or sentence for any other crime.
CREDIT(S)
71 Laws 1997, ch. 97, § 1, eff. June 30, 1997; 76 Laws 2007, ch. 68, § 1, eff. June 28, 2007.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 908
Effective:[See Text Amendments]
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Subpart I. Other Frauds and Cheats
§ 908. Unlawfully concealing a will; class G felony
A person is guilty of unlawfully concealing a will when, with intent to defraud, the person conceals, secretes, suppresses, mutilates or destroys a will, codicil or other testamentary instrument.
Unlawfully concealing a will is a class G felony.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 908
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 909
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart I. Other Frauds and Cheats
§ 909. Securing execution of documents by deception; class A misdemeanor
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.
Securing execution of documents by deception is a class A misdemeanor.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 909
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 910
Effective: January 17, 2007
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
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Subchapter III. Offenses Involving Property
Subpart I. Other Frauds and Cheats
§ 910. Debt adjusting; class B misdemeanor
A person is guilty of debt adjusting if the person makes a contract, either express or implied, with a particular debtor, whereby the debtor agrees to pay a certain amount of money periodically to the person engaged in the debt-adjusting business who shall, for a consideration, distribute the same among certain specified creditors in accordance with a plan agreed upon.
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.
Debt adjusting is a class B misdemeanor.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 75 Laws 2006, ch. 430, § 5, eff. Jan. 17, 2007.
Codifications: 11 Del.C. 1953, § 910
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 911
Effective:[See Text Amendments]
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Subchapter III. Offenses Involving Property
Subpart I. Other Frauds and Cheats
§ 911. Fraudulent conveyance of public lands; class G felony
A person is guilty of fraudulent conveyance of public lands when the person executes any deed or other written instrument purporting to convey an interest in land any part of which is public lands of this State, when such person at the time of execution of such instrument knows that the person has no legal or equitable interest in the land described in said instrument.
Fraudulent conveyance of public lands is a class G felony.
CREDIT(S)
63 Laws 1982, ch. 400, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 912
Effective:[See Text Amendments]
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§ 912. Fraudulent receipt of public lands; class G felony
A person is guilty of fraudulent receipt of public lands when the person records any deed or other written instrument purporting to transfer to the person an interest in land any part of which is public lands of this State, when such person at the time of recording knows that the transferor had no legal or equitable interest in the land described in said instrument.
Fraudulent receipt of public lands is a class G felony.
CREDIT(S)
63 Laws 1982, ch. 426, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 913
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
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Subchapter III. Offenses Involving Property
Subpart I. Other Frauds and Cheats
§ 913. Insurance fraud; class G felony
(a) A person is guilty of insurance fraud when, with the intent to injure, defraud or deceive any insurer the person:
(1) Presents or causes to be presented to any insurer, any written or oral statement including computer-generated documents as part of, or in support of, a claim for payment or other benefit pursuant to an insurance policy, knowing that such statement contains false, incomplete or misleading information concerning any fact or thing material to such claim; or
(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.
Insurance fraud is a class G felony.
(b) All insurance claims forms shall contain a statement that clearly states in substance the following: "Any person who knowingly, and with intent to injure, defraud or deceive any insurer, files a statement of claim containing any false, incomplete or misleading information is guilty of a felony." The lack of such a statement shall not constitute a defense against prosecution under this section.
(c) For the purposes of this section, "statement" includes, but is not limited to, a police report, any notice, statement, proof of loss, bill of lading, receipt for payment, invoice, account, estimate of property damages, bill for services, diagnosis, prescription, hospital or doctor records, X rays, test result or other evidence of loss, injury or expense; "insurer" shall include, but is not limited to, a health service corporation or health maintenance organization; and "insurance policy" shall include, but is not limited to, the subscriber and members contracts of health service corporations and health maintenance organizations.
CREDIT(S)
64 Laws 1983, ch. 194; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 913A
Effective: July 20, 2012
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
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Subchapter III. Offenses Involving Property
Subpart I. Other Frauds and Cheats
§ 913A. Health care fraud; class B felony; class D felony; class G felony
(a) A person is guilty of health care fraud when the person knowingly:
(1) Presents or causes to be presented any fraudulent health care claim to any health care benefit program; or
(2) Engages in a pattern of presenting or causing to be presented fraudulent health care claims to any health care benefit program.
(b) For the purpose of this section:
(1) "Fraudulent health care claim" means any statement, whether written, oral or in any other form, which is made as part of or in support of a claim or request for payment from any health care benefit program when such statement knowingly contains false, incomplete or misleading information concerning any fact or thing material to such claim.
(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. "Health care benefit program" also includes any individual or entity who is providing a medical benefit, equipment, medication or service for which payment may be made under a plan or contract for the provision of such benefits or services.
(3) "Health care professional," "health care practice," "health care facility" or "health care services" includes but is not limited to any person who or entity which, for payment, practices in or employs the procedures of medicine, surgery, chiropractic, podiatry, dentistry, optometry, psychology, social work, pharmacy, nursing, physical therapy or any other field concerned with the maintenance or restoration of the health of the body or mind.
(4) "Health care provider" means any health care professional, an owner or operator of a health care practice or facility, any person who creates the impression that the person or the person's practice or facility can provide health care services, or any person employed or acting on behalf of any of the aforementioned persons.
(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.
(c)(1) Except as provided in paragraphs (2) and (3) of this subsection, health care fraud is a class G felony.
(2) Health care fraud is a class D felony if the elements of subsection (a) of this section are met and if:
a. The intended loss to the health care benefit program is more than $50,000 but less than $100,000;
b. The offender is a health care provider at the time of the offense or offenses; or,
c. The conduct constitutes a pattern of presenting or causing to be presented fraudulent health care claims.
(3) Health care fraud is a class B felony if the elements of subsection (a) of this section are met and if:
a. The intended loss to the health care benefit program is $100,000 or more; or
b. The offender is a health care provider at the time of the offense or offenses and the conduct constitutes a pattern of presenting or causing to be presented fraudulent health care claims.
(4) In addition to the penalties otherwise authorized by this subsection, a person convicted under this section may be subject to a fine of up to 5 times the pecuniary benefit obtained or sought to be obtained through the person's violation of this section.
(d) A conviction is not required for an act of presenting or causing presentation of a fraudulent health care claim to be used in prosecution of a matter under this section, including an act used as proof of a pattern as defined in paragraph (b)(3) of this section. A conviction for any act of presenting or causing presentation of fraudulent health care claims, including one which may be relied upon to establish a pattern of presenting or causing presentation of a fraudulent health care claim, does not preclude prosecution under this section. Prosecution under this section does not preclude prosecution under any other section of the Code.
CREDIT(S)
72 Laws 2000, ch. 337, § 1, eff. June 23, 2000; 70 Laws 1995, ch. 186, § 1; 78 Laws 2012, ch. 353, §§ 3-5, eff. July 20, 2012.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 914
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
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Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart I. Other Frauds and Cheats
§ 914. Use of consumer identification information
(a)
Except as provided in subsection (b) of this section, as a condition of
accepting a credit card as payment for consumer credit, goods, realty, or
services, a person may not write down or request to be written down the address
and/
(b) A person may record the address or telephone number of a credit card holder if the information is necessary for:
(1) The shipping, delivery or installation of consumer goods; or
(2) Special orders of consumer goods or services.
(c) Violation of this section is an unclassified misdemeanor.
CREDIT(S)
67 Laws 1990, ch. 423, § 1; 68 Laws 1992, ch. 221, § 1.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 915
Effective:[See Text Amendments]
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Subchapter III. Offenses Involving Property
Subpart I. Other Frauds and Cheats
§ 915. Use of credit card information
(a) In this section, the following words have the meanings indicated:
(1) "Draft" does not include a credit or debit card sales draft.
(2) "Drawer" means the individual who makes or signs a check or other draft;
(b) Subject to the provisions of subsection (c) of this section, as a condition of accepting a check or other draft as payment for consumer credit, goods, realty or services, a person may not request or record the account number of any credit card of the drawer of the check or other draft.
(c) The provisions of this section do not prohibit a person from:
(1) Requesting the drawer to display a credit card for purposes only of identification or credit worthiness;
(2) Requesting or recording the type or issuer of a credit card of the drawer; or
(3) Recording the number and expiration date of a credit card if the person requesting the information has agreed with the credit card issuer to cash checks as a service to the issuer's cardholders and the issuer has agreed to guarantee payment of cardholder checks cashed by that person.
(d) Violation of this section is an unclassified misdemeanor.
CREDIT(S)
67 Laws 1990, ch. 420, § 1.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 915A
Effective:[See Text Amendments]
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Subpart I. Other Frauds and Cheats
§ 915A. Credit and debit card transaction receipts; unclassified misdemeanor
(a) Except as provided in subsection (b) of this section, a person who accepts credit or debit cards in exchange for goods or services shall print not more than 5 digits of that credit or debit card account number on the credit or debit card receipt provided to the cardholder.
(b) This section applies only to receipts that are electronically printed and does not apply to transactions in which the sole means of recording the credit or debit card number is by handwriting or by an imprint or copy of the credit or debit card.
(c) Violation of this section is an unclassified misdemeanor.
CREDIT(S)
74 Laws 2003, ch. 151, § 1.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 916
Effective: July 8, 2009
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§ 916. Home improvement fraud; class G felony, class A misdemeanor
(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.
(2) "Home improvement" means any alteration, repair, addition, modification or improvement to any dwelling or the property on which it is situated, including but not limited to the construction, painting or coating, installation, replacement or repair of driveways, sidewalks, swimming pools, unattached structures, porches, kitchens, bathrooms, chimneys, fireplaces, stoves, air conditioning or heating systems, hot water heaters, water treatment systems, electrical wiring or systems, plumbing fixtures or systems, doors or windows, roofs, gutters, downspouts and siding.
(3) A "home improvement contract" is any agreement, whether written or oral, whereby a person offers or agrees to provide home improvements in exchange for a payment of money regardless of whether any such payments have been made.
(4) A "material fact" is a fact that a reasonable person would consider important when purchasing a home improvement of the variety being offered.
(b) A person is guilty of home improvement fraud who enters, or offers to enter, into a home improvement contract as the provider of home improvements to another person, and who with the intent specified in § 841 of this title:
(1) Uses or employs any false pretense or false promise as those acts are defined in §§ 843 and 844 of this title;
(2) Creates or reinforces a person's impression or belief concerning the condition of any portion of that person's dwelling or property involved in said home improvement contract knowing that the impression or belief is false;
(3) Makes any untrue statement of a material fact or omits to state a material fact relating to the terms of the home improvement contract or the existing condition of any portion of the property which is the subject of said contract;
(4) Receives money for the purpose of obtaining or paying for services, labor, materials or equipment and fails to apply such money for such purpose by:
a. Failing to substantially complete the home improvement for which the funds were provided; or
b. Failing to pay for the services, labor, materials or equipment provided incident to such home improvement; or
c. Diverting said funds to a use other than for which the funds were received; or
(5) Fails to provide that person's own true name, or provides a false name, address or phone number of the business offering said home improvements.
(c) For home improvement fraud under this section, it shall be prima facie evidence of the intent specified in § 841 of this title that the person offering or agreeing to provide home improvements:
(1) Has been previously convicted under this section or under a similar statute of the United States or of any state or of the District of Columbia within 10 years of the home improvement contract in question;
(2) Is currently subject to any administrative orders, judgments or injunctions that relate to home improvements under Chapter 25 of Title 6;
(3) Failed to comply with Chapter 44 of Title 6 with respect to the home improvement contract in question; or
(4) Used or threatened the use of force against the person or property of the person purchasing said home improvement and said person is 62 years of age or older.
(d) Home improvement fraud is a class A misdemeanor, unless:
(1) The contract price or the total amount actually paid to the defendant by or on behalf of the person who purchased the home improvement is $1,500 or more;
(2) The person who purchased the home improvement is 62 years of age or older; or
(3) The defendant has previously been convicted under this section;
in which case it is a class G felony.
CREDIT(S)
70 Laws 1995, ch. 63, § 1, eff. June 14, 1995; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 72 Laws 2000, ch. 462, § 1, eff. July 18, 2000; 73 Laws 2001, ch. 126, §§ 14, 15, eff. July 9, 2009; 77 Laws 2009, ch. 133, § 11, eff. July 8, 2009.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 917
Effective: July 20, 2012
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart I. Other Frauds and Cheats
§ 917. New home construction fraud; class B felony; class D felony; class G felony; class A misdemeanor
(a) For the purpose of this section, the following definitions shall apply:
(1) A "dwelling" means a building which is usually occupied by a person lodging therein at night but shall not include a mobile home as defined in § 7003(11) of Title 25.
(2) A "home buyer" means a person who intends to enter into a new home construction contract for himself or herself or on behalf of any person.
(3) A "new home contractor" means any person who offers or provides new home construction services as a general contractor or a subcontractor and shall, in addition, include, but not be limited to, an architect, engineer or real estate broker or agent.
(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.
(5) A "new home construction contract" is any agreement, whether written or oral, between a new home contractor and a home buyer whereby the new home contractor agrees to provide new home construction services in exchange for a payment of money.
(6) "Payment of money" means tender of money or other consideration of value by a home buyer or by any lending institution on behalf of the home buyer to a new home contractor as part of a new home construction contract.
(7) For the purpose of this section, land is "purchased" by a home buyer when the home buyer acquires it by sale, negotiation, mortgage, pledge, lien, gift or any other transaction creating an interest in the property prior to the formation of the new home construction contract, or if the home buyer is to purchase the land as part of the new home construction contract.
(b) A person is guilty of new home construction fraud who, with the intent specified in § 841 of this title, enters into a new home construction contract and:
(1) Uses or employs any false pretense or false promise as those acts are defined in §§ 843 and 844 of this title; or
(2)
Receives payments and intentionally fails to use said payment or payments for
the purpose or purposes identified in the new home construction contract
and/
(3) Receives payment or payments and fails to provide that person's own true name or provides a false name, address or phone number of the business offering said new home construction services.
(c) For new home construction fraud under this section, it shall be prima facie evidence of the intent specified in § 841 of this title that the new home contractor:
(1) Has been previously convicted under this section, § 916 of this title, or § 3505 of Title 6 within 10 years of the first payment under the new home construction contract in question; or
(2) Is currently subject to any administrative order, judgment or injunction under Chapter 25 of Title 6 relating to new home construction or home improvements (as defined in paragraph (a)(4) of this section).
(d) New construction fraud is a class A misdemeanor, unless:
(1) The loss to the home buyer is $1,500 or more but less than $50,000, in which case it is a class G felony;
(2) The loss to the home buyer is at least $50,000 but less than $100,000, in which case it is a class D felony; or
(3) The loss to the home buyer is $100,000 or more, in which case it is a class B felony.
(e) For the purpose of calculating the amount of the loss to the home buyer, the loss shall be deemed to be the lesser of the total of all payments actually made by the home buyer or the cost to the home buyer to complete the new home construction according to the terms of the original new home construction contract, whether or not said new home is actually completed.
CREDIT(S)
Added by 71 Laws 1997, ch. 46, § 1, eff. May 22, 1997. Amended by 70 Laws 1995, ch. 186, § 1; 77 Laws 2009, ch. 133, § 12, eff. July 8, 2009; 78 Laws 2012, ch. 353, §§ 6-8, eff. July 20, 2012.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 918
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
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Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart I. Other Frauds and Cheats
§ 918. Ticket scalping
(a)
No person shall sell, resell or exchange any ticket to any event or exhibit at a
price higher than the original price on the day preceding or on the day of an
event at the Bob Carpenter Sports/
(b) Any person who violates this section shall be guilty of ticket scalping. Any person convicted a first time of ticket scalping is guilty of a class B misdemeanor. Any person convicted a second or subsequent time of ticket scalping shall be guilty of a class A misdemeanor. The Superior Court shall have jurisdiction over any offense charged under this section.
(c) For purposes of this section the word "ticket" shall mean any admittance, receipt, entrance ticket or other evidence of a right to be admitted to an event or exhibit.
CREDIT(S)
70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 70 Laws 1995, ch. 233, § 1, eff. July 1, 1995; 71 Laws 1997, ch. 46, § 1, eff. May 22, 1997.
Codifications: 11 Del.C. 1953, § 917
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 920
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart J. Offenses Relating to Recorded Devices and Trademark Counterfeiting
§ 920. Transfer of recorded sounds; class G felony
(a) No person shall knowingly transfer or cause to be transferred, directly or indirectly by any means, any sounds recorded on a phonograph record, disc, wire, tape, film or other article upon which sounds are recorded, with the intent to sell or cause to be sold, or to use for profit through public performance, or to use to promote the sale of any product, such article on which sounds are so transferred, without consent of the owner; provided, that such owner is domiciled or has its principal place of business in a country which is a signatory to the Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of their Phonograms (executed on October 29, 1971, Geneva).
(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.
(c) Violation of this section shall constitute a class G felony.
CREDIT(S)
60 Laws 1976, ch. 611, § 1; 67 Laws 1989, ch. 130, § 8.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 921
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart J. Offenses Relating to Recorded Devices and Trademark Counterfeiting
§ 921. Sale of transferred recorded sounds; class A misdemeanor
(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.
(b) Violation of this section shall constitute a class A misdemeanor.
CREDIT(S)
60 Laws 1976, ch. 611, § 1; 67 Laws 1989, ch. 130, § 8.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 922
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart J. Offenses Relating to Recorded Devices and Trademark Counterfeiting
§ 922. Improper labeling; class G felony
(a) No person shall advertise or offer for sale or resale, or sell or resell, or possess for such purposes, any phonograph record, disc, wire, tape, film or other article on which sounds are recorded, unless the cover, box, jacket, or label clearly and conspicuously discloses the actual name and address of the manufacturer thereof, and the name of the actual performer or group.
(b)
Violation of this section involving 100 or more improperly labeled sound
recordings shall constitute a class G felony, otherwise it is/
(c) A second or subsequent violation of this section involving 100 or more improperly labeled sound recordings, or in which the second or subsequent violation plus any and all prior violations of this section added together involve 100 or more improperly labeled sound recordings, shall constitute a class F felony.
CREDIT(S)
60 Laws 1976, ch. 611, § 1; 67 Laws 1989, ch. 130, § 8; 75 Laws 2006, ch. 410, §§ 1, 2, eff. July 10, 2006.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 923
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart J. Offenses Relating to Recorded Devices and Trademark Counterfeiting
§ 923. Exceptions
This subpart shall not apply to:
(1) Any broadcaster who, in connection with or as part of a radio, television or cable broadcast transmission, or for the purpose of archival preservation, transfers any such sounds recorded on a sound recording;
(2) Any person who transfers such sounds in the home, for personal use, and without compensation for such transfer;
(3) Any phonograph record, disc, wire, tape, film or other article upon which sound is recorded where a period of 50 years has transpired since the original fixation of sounds thereon was made by the owner or on the owner's behalf.
CREDIT(S)
60 Laws 1976, ch. 611, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 924
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
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Subchapter III. Offenses Involving Property
Subpart J. Offenses Relating to Recorded Devices and Trademark Counterfeiting
§ 924. Civil litigation
This subpart shall neither enlarge nor diminish the rights of parties in civil litigation.
CREDIT(S)
60 Laws 1976, ch. 611, § 1.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 924A
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart J. Offenses Relating to Recorded Devices and Trademark Counterfeiting
§ 924A. Forfeiture
If a person is convicted of a violation of § 922 of this title, the court in its sentencing order shall order the forfeiture and destruction or other disposition of:
(1) All articles on which the conviction is based; and
(2) All implements, devices, materials, and equipment used or intended to be used in the manufacture of the recordings on which the conviction is based.
CREDIT(S)
Added by 75 Laws 2006, ch. 410, § 3, eff. July 10, 2006.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 925
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart J. Offenses Relating to Recorded Devices and Trademark Counterfeiting
§ 925. Video privacy protection
(a) A videotape distributor may not wrongfully disclose an individual or summary listing of any videotapes purchased or rented by a protected individual from the videotape distributor.
(b) In this section the following words or terms have the meanings indicated:
(1) "Protected individual" means:
a. The individual described by any information the wrongful disclosure of which is prohibited under this section; or
b. An agent of that individual.
(2) "Publication" means distribution to a person other than the protected individual.
(3) "Videotape distributor" means a person who sells or rents videotapes.
(4)a. "Wrongful disclosure" means any publication that occurs in circumstances in which a protected individual who rents or purchases a videotape has a reasonable expectation of privacy.
b. "Wrongful disclosure" does not include:
1. Any disclosure made incident to the normal course of the business of renting or selling videotapes to a person whom the protected individual authorizes, prior to distribution, to receive the information;
2. Any disclosure made under summons or subpoena to appropriately authorized law enforcement personnel;
3. Any disclosure made to a collection agency or person designated by the videotape distributor for the purpose of collecting an unreturned videotape or an amount equal to the value of the unreturned videotape; or
4. Any disclosure of names and addresses only for commercial mailing list purposes.
(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.
CREDIT(S)
66 Laws 1988, ch. 383, § 1.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 926
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart J. Offenses Relating to Recorded Devices and Trademark Counterfeiting
§ 926. Trademark counterfeiting
(a) Any person who knowingly manufactures, uses, displays, advertises, distributes, offers for sale, sells or possesses with intent to sell or distribute any items or services bearing or identified by a counterfeit mark shall be guilty of the crime of trademark counterfeiting.
(b) Definitions. --As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
(1) ‘‘Counterfeit mark" means:
a. Any unauthorized reproduction or copy of intellectual property.
b. Intellectual property affixed to any item knowingly sold, offered for sale, manufactured or distributed or identifying services offered or rendered, without the authority of the owner of the intellectual property.
(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 person's goods or services.
(3) ‘‘Retail value" means the counterfeiter's regular selling price for the item or service bearing or identified by the counterfeit mark. In the case of items bearing a counterfeit mark which are components of a finished product, the retail value shall be the counterfeiter's regular selling price of the finished product on or in which the component would be utilized.
(c) Presumption. --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.
(d) Penalties.--
(1) Except as provided in paragraphs (2) and (3) of this subsection, a violation of this section constitutes a class A misdemeanor.
(2) A violation of this section constitutes a class G felony if:
a. The defendant has previously been convicted under this section; or
b. The violation involved more than 100 but less than 1,000 items bearing a counterfeit mark or the total retail value of all items or services bearing or identified by a counterfeit mark is more than $2,000, but less than $10,000.
(3) A violation of this section constitutes a class E felony if:
a. The defendant has been previously convicted of two or more offenses under this section;
b. The violation involved the manufacture or production of items bearing counterfeit marks; or
c. The violation involved 1,000 or more items bearing a counterfeit mark or the total retail value of all items or services bearing or identified by a counterfeit mark is $10,000 or more.
(e) Quantity or retail value. --The quantity or retail value of items or services shall include the aggregate quantity or retail value of all items or services bearing or identified by every counterfeit mark the defendant manufactures, uses, displays, advertises, distributes, offers for sale, sells or possesses.
(f) Fine. --Any person convicted under this section shall be fined not less than $5,000 or an amount up to 3 times the retail value of the items or services bearing or identified by a counterfeit mark, whichever is greater, unless extenuating circumstances are shown by the defendant.
(g) Seizure, forfeiture and disposition.--
(1) Any items bearing a counterfeit mark, and all personal property, including, but not limited to, any items, objects, tools, machines, equipment, instrumentalities or vehicles of any kind, knowingly employed or used in connection with a violation of this section may be seized by any law enforcement officer.
(2) All seized personal property referenced in paragraph (1) of this subsection shall be forfeited in accordance with applicable law, unless the prosecuting attorney responsible for the charges and the intellectual property owner consent in writing to another disposition.
(h) Evidence. --Any federal or state certificate of registration of any intellectual property shall be prima facie evidence of the facts stated therein.
CREDIT(S)
75 Laws 2005, ch. 120, § 2, eff. July 7, 2005.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 931
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart K. Computer Related Offenses
§ 931. Definitions
As used in this subpart:
(1) "Access" means to instruct, communicate with, store data in or retrieve data from a computer, computer system or computer network.
(2) "Commercial electronic mail" or "commercial e-mail" means any electronic mail message that is sent to a receiving address or account for the purposes of advertising, promoting, marketing or otherwise attempting to solicit interest in any good service or enterprise.
(3) "Computer" means a programmable, electronic device capable of accepting and processing data.
(4) "Computer network" means:
a. A set of related devices connected to a computer by communications facilities;
b. A complex of 2 or more computers, including related devices, connected by communications facilities; or
c. The communications transmission facilities and devices used to interconnect computational equipment, along with control mechanisms associated thereto.
(5) "Computer program" means a set of instructions, statements or related data that, in actual or modified form, is capable of causing a computer or computer system to perform specified functions.
(6) "Computer services" includes, but is not limited to, computer access, data processing and data storage.
(7) "Computer software" means 1 or more computer programs, existing in any form, or any associated operational procedures, manuals or other documentation.
(8) "Computer system" means a computer, its software, related equipment and communications facilities, if any, and includes computer networks.
(9) "Data" means information of any kind in any form, including computer software.
(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. Is an intermediary in sending and receiving electronic mail; and
b. Provides to end-users of electronic mail services the ability to send or receive electronic mail.
(12) The "Internet" is a hierarchy of computer networks and systems that includes, but is not limited to, commercial (.com or.co), university (.ac or.edu) and other research networks (.org,.net) and military (.mil) networks and spans many different physical networks and systems around the world.
(13) "Person" means a natural person, corporation, trust, partnership, incorporated or unincorporated association and any other legal or governmental entity, including any state or municipal entity or public official.
(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.
(15) "Property" means anything of value, including data.
(16) "Originating address" or "originating account" means the string used to specify the source of any electronic mail message (e.g. company@sender.com);
(17) "Receiving address" or "receiving account" means the string used to specify the destination of any electronic mail message (e.g. person@receiver.com);
CREDIT(S)
64 Laws 1984, ch. 438, § 1; 72 Laws 1999, ch. 135, § 3, eff. July 2, 1999.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 932
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
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Subchapter III. Offenses Involving Property
Subpart K. Computer Related Offenses
§ 932. Unauthorized access
A person is guilty of the computer crime of unauthorized access to a computer system when, knowing that the person is not authorized to do so, the person accesses or causes to be accessed any computer system without authorization.
CREDIT(S)
64 Laws 1984, ch. 438, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 933
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
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Subchapter III. Offenses Involving Property
Subpart K. Computer Related Offenses
§ 933. Theft of computer services
A person is guilty of the computer crime of theft of computer services when the person accesses or causes to be accessed or otherwise uses or causes to be used a computer system with the intent to obtain unauthorized computer services, computer software or data.
CREDIT(S)
64 Laws 1984, ch. 438, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 934
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart K. Computer Related Offenses
§ 934. Interruption of computer services
A person is guilty of the computer crime of interruption of computer services when that person, without authorization, intentionally or recklessly disrupts or degrades or causes the disruption or degradation of computer services or denies or causes the denial of computer services to an authorized user of a computer system.
CREDIT(S)
64 Laws 1984, ch. 438, § 1.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 935
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart K. Computer Related Offenses
§ 935. Misuse of computer system information
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
b. Interrupts or adds data to data residing within a computer system;
(3) That person knowingly receives or retains data obtained in violation of paragraph (1) or (2) of this section; or
(4) That person uses or discloses any data which that person knows or believes was obtained in violation of paragraph (1) or (2) of this section.
CREDIT(S)
64 Laws 1984, ch. 438, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 936
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart K. Computer Related Offenses
§ 936. Destruction of computer equipment
A person is guilty of the computer crime of destruction of computer equipment when that person, without authorization, intentionally or recklessly tampers with, takes, transfers, conceals, alters, damages or destroys any equipment used in a computer system or intentionally or recklessly causes any of the foregoing to occur.
CREDIT(S)
64 Laws 1984, ch. 438, § 1.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 937
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart K. Computer Related Offenses
§ 937. Unrequested or unauthorized electronic mail or use of network or software to cause same
A person is guilty of the computer crime of unrequested or unauthorized electronic mail:
(1)
When that person, without authorization, intentionally or recklessly distributes
any unsolicited bulk commercial electronic mail (commercial E-mail) to any
receiving address or account under the control of any authorized user of a
computer system. This section shall not apply to electronic mail that is sent
between human beings, or when the individual has requested said information.
This section shall not apply to the transmission of electronic mail from an
organization to its members or where there is a preexisting business
relationship. No Internet/
(2) When a person uses a computer or computer network without authority with the intent to: Falsify or forge electronic mail transmission information in any manner in connection with the transmission of unsolicited bulk electronic mail through or into the computer network of an electronic mail service provider or its subscribers; or
(3) When a person sells, gives or otherwise distributes or possesses with the intent to sell, give or distribute software which:
a. Is primarily designed or produced for the purpose of facilitating or enabling the falsification of electronic mail transmission information or other routing information;
b. Has only limited commercially significant purpose or use other than to facilitate or enable the falsification of electronic mail transmission information or other routing information; or
c. Is marketed by that person or another acting in concert with that person's knowledge for use in facilitating or enabling the falsification of electronic mail transmission information or other routing information.
(4) For the purposes of this section, conduct occurring outside of the State shall be sufficient to constitute this offense if such conduct is within the terms of § 204 of this title, or if the receiving address or account was under the control of any authorized user of a computer system who was located in Delaware at the time the authorized user received the electronic mail or communication and the defendant was aware of circumstances which rendered the presence of such authorized user in Delaware a reasonable possibility.
CREDIT(S)
70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 72 Laws 1999, ch. 135, § 1, eff. July 2, 1999.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 938
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart K. Computer Related Offenses
§ 938. Failure to promptly cease electronic communication upon request
(a) A person is guilty of the computer crime of failure to promptly cease electronic communication upon request when that person intentionally, recklessly or negligently, fails to stop sending commercial electronic mail to any receiving address or account under the control of any authorized user of a computer system after being requested to do so. All commercial electronic mail sent to any receiving address within the State shall have information to the recipient on how to unsubscribe or stop further receipt of commercial electronic mail from the sender.
(b) For the purposes of this section, conduct occurring outside of the State shall be sufficient to constitute this offense if such conduct is within the terms of § 204 of this title, or if the receiving address or account was under the control of any authorized user of a computer system who was located in Delaware at the time the authorized user received the electronic mail or communication and the defendant was aware of circumstances which rendered the presence of such authorized user in Delaware a reasonable possibility.
CREDIT(S)
70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 72 Laws 1999, ch. 135, § 1, eff. July 2, 1999.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 939
Effective: July 8, 2009
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart K. Computer Related Offenses
§ 939. Penalties
(a) A person committing any of the crimes described in §§ 932-938 of this title is guilty in the first degree when the damage to or the value of the property or computer services affected exceeds $10,000.
Computer crime in the first degree is a class D felony.
(b) A person committing any of the crimes described in §§ 932-938 of this title is guilty in the second degree when the damage to or the value of the property or computer services affected exceeds $5,000.
Computer crime in the second degree is a class E felony.
(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
(2) That person engages in conduct which creates a risk of serious physical injury to another person.
Computer crime in the third degree is a class G felony.
(d) A person committing any of the crimes described in §§ 932-938 of this title is guilty in the fourth degree when the damage to or the value of the property or computer services, if any, is under $1,500.
Computer crime in the fourth degree is a class A misdemeanor.
(e) Any person gaining money, property services or other consideration through the commission of any offense under this subpart, upon conviction, in lieu of having a fine imposed, may be sentenced by the court to pay an amount, fixed by the court, not to exceed double the amount of the defendant's gain from the commission of such offense. In such case, the court shall make a finding as to the amount of the defendant's gain from the offense and, if the record does not contain sufficient evidence to support such a finding, the court may conduct a hearing upon the issue. For the purpose of this section, "gain" means the amount of money or the value of property or computer services or other consideration derived.
(f) Amounts included in violations of this subpart committed pursuant to 1 scheme or course of conduct, whether from the same person or several persons, may be aggregated in determining the degree of the crime.
(g) For the purposes of this subpart, the value of property or computer services shall be:
(1) The market value of the property or computer services at the time of the violation; or
(2) If the property or computer services are unrecoverable, damaged or destroyed as a result of a violation of this subpart, the cost of reproducing or replacing the property or computer services at the time of the violation.
When the value of the property or computer services or damage thereto cannot be satisfactorily ascertained, the value shall be deemed to be $250.
(h) Notwithstanding this section, the value of private personal data shall be deemed to be $500.
CREDIT(S)
64 Laws 1984, ch. 438, § 1; 67 Laws 1989, ch. 130, § 8; Redesignated from 11 § 937 by 72 Laws 1999, ch. 135, § 1, eff. July 2, 1999; 72 Laws 1999, ch. 135, § 2, eff. July 2, 1999; 77 Laws 2009, ch. 133, § 13, eff. July 8, 2009.
Codifications: 11 Del.C. 1953, § 937
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 940
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart K. Computer Related Offenses
§ 940. Venue
(a) In any prosecution for any violation of §§ 932-938 of this title, the offense shall be deemed to have been committed in the place at which the act occurred or in which the computer system or part thereof involved in the violation was located.
(b) In any prosecution for any violation of §§ 932-938 of this title based upon more than 1 act in violation thereof, the offense shall be deemed to have been committed in any of the places at which any of the acts occurred or in which a computer system or part thereof involved in a violation was located.
(c) If any act performed in furtherance of the offenses set out in §§ 932-938 of this title occurs in this State or if any computer system or part thereof accessed in violation of §§ 932-936 of this title is located in this State, the offense shall be deemed to have occurred in this State.
CREDIT(S)
64 Laws 1984, ch. 438, § 1; Redesignated from 11 § 938 by 72 Laws 1999, ch. 135, § 1, eff. July 2, 1999; 72 Laws 1999, ch. 135, § 2, eff. July 2, 1999.
Codifications: 11 Del.C. 1953, § 938
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 941
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart K. Computer Related Offenses
§ 941. Remedies of aggrieved persons
(a) Any aggrieved person who has reason to believe that any other person has been engaged, is engaged or is about to engage in an alleged violation of any provision of §§ 932-938 of this title may bring an action against such person and may apply to the Court of Chancery for:
(1) An order temporarily or permanently restraining and enjoining the commencement or continuance of such act or acts;
(2) An order directing restitution; or
(3) An order directing the appointment of a receiver.
Subject to making due provisions for the rights of innocent persons, a receiver shall have the power to sue for, collect, receive and take into possession any property which belongs to the person who is alleged to have violated any provision of this subpart and which may have been derived by, been used in or aided in any manner such alleged violation. Such property shall include goods and chattels, rights and credits, moneys and effects, books, records, documents, papers, choses in action, bills, notes and property of every description including all computer system equipment and data, and including property with which such property has been commingled if it cannot be identified in kind because of such commingling. The receiver shall also have the power to sell, convey and assign all of the foregoing and hold and dispose of the proceeds thereof under the direction of the Court. Any person who has suffered damages as a result of an alleged violation of any provision of §§ 932-938 of this title, and submits proof to the satisfaction of the Court that the person has in fact been damaged, may participate with general creditors in the distribution of the assets to the extent the person has sustained out-of-pocket losses. The Court shall have jurisdiction of all questions arising in such proceedings and may make such orders and judgments therein as may be required.
(b) The Court may award the relief applied for or such other relief as it may deem appropriate in equity.
(c) Independent of or in conjunction with an action under subsection (a) of this section, any person who suffers any injury to person, business or property may bring an action for damages against a person who is alleged to have violated any provision of §§ 932-938 of this title. The aggrieved person shall recover actual damages and damages for unjust enrichment not taken into account in computing damages for actual loss and treble damages where there has been a showing of wilful and malicious conduct.
(d) Proof of pecuniary loss is not required to establish actual damages in connection with an alleged violation of § 935 of this title arising from misuse of private personal data.
(e) In any civil action brought under this section, the Court shall award to any aggrieved person who prevails reasonable costs and reasonable attorney's fees.
(f) The filing of a criminal action against a person is not a prerequisite to the bringing of a civil action under this section against such person.
(g) No civil action under this section may be brought but within 3 years from the date the alleged violation of §§ 932-938 of this title is discovered or should have been discovered by the exercise of reasonable diligence.
CREDIT(S)
64 Laws 1984, ch. 439, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 72 Laws 1999, ch. 135, §§ 1, 2, eff. July 2, 1999.
Codifications: 11 Del.C. 1953, § 939
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 951
Effective: February 1, 2010
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Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property
Subpart L. Concealment of Funds
§ 951. Money laundering; class D felony
(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
(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.
(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.
(c) For purposes of this section, the following definitions shall apply:
(1) "Criminal activity’’ means any offense that is a crime under the Laws of Delaware, another state, or the United States.
(2) "Funds’’ includes:
a. Coin or currency of the United States or any other country;
b. Bank checks or money orders; or
c. Investment or negotiable instruments, in bearer form or otherwise in such form that title thereto passes upon delivery.
(3) "Funds that the person believes are the proceeds of criminal activity’’ means any funds that are believed to be proceeds of criminal activity including funds that are not the proceeds of criminal activity.
(4) "Proceeds’’ means funds acquired or derived directly or indirectly from, produced through, or realized through an act.
(5) "Structure" or "structuring" means that a person, acting alone, or in conjunction with, or on behalf of, other persons, conducts or attempts to conduct 1 or more transactions in currency, in any amount, at 1 or more financial institutions, including video lottery facilities, on 1 or more days, in any manner, for the purpose of evading currency transaction reporting requirements provided by state or federal law. "In any manner" includes, but is not limited to, the breaking down into smaller sums of a single sum of currency meeting or exceeding that which is necessary to trigger a currency reporting requirement or the conduct of a transaction, or series of currency transactions, at or below the reporting requirement. The transaction or transactions need not exceed the reporting threshold at any single financial institution on any single day in order to meet the definition of "structure" or "structuring" provided in this paragraph. Among the factors that the finder of fact may consider in determining that a transaction has been designed to avoid a transaction reporting requirement shall be whether the person, acting alone or with others, conducted 1 or more transactions in currency, in any amount, at 1 or more financial institutions, on 1 or more days, in any manner.
(d) It is a defense to prosecution under this section that the transaction was necessary to preserve a person’s right to representation as guaranteed by the Sixth Amendment of the United States Constitution or by article I, § 17 of the Delaware Constitution or that the funds were received as bona fide legal fees by a licensed attorney and at the time of their receipt, the attorney did not have actual knowledge that the funds were derived from criminal activity.
(e) A violation of subsection (a) of this section.
(f) Structuring; avoiding a transaction reporting requirement.--A person is guilty of a crime if, with the purpose to evade a transaction reporting requirement of this State or of 31 U.S.C. § 5311 et seq. or 31 C.F.R. § 103 et seq., or any rules or regulations adopted under those chapters and sections, the person:
(1) Causes or attempts to cause a financial institution, including a video lottery facility, foreign or domestic money transmitter or an authorized delegate thereof, check casher, person engaged in a trade or business or any other individual or entity required by state or federal law to file a report regarding currency transactions or suspicious transactions to fail to file a report; or
(2) Causes or attempts to cause a financial institution, including a video lottery facility, foreign or domestic money transmitter or an authorized delegate thereof, check casher, person engaged in a trade or business or any other individual or entity required by state or federal law to file a report regarding currency transactions or suspicious transactions to file a report that contains a material omission or misstatement of fact; or
(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.
(g) A violation of subsection (f) of this section is a class G felony.
(h) Money laundering shall not be deemed to be a related or included offense of any other provision of this Code. Prosecution and sentencing for money laundering shall not be deemed to preclude prosecution or sentencing under any other provision of this Code.
CREDIT(S)
Added by 76 Laws 2008, ch. 271, § 1, eff. June 30, 2008. Amended by 77 Laws 2010, ch. 221, §§ 6-9, eff. Feb. 1, 2010.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1001
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter IV. Offenses Relating to Marriage
§ 1001. Bigamy; class G felony
A person is guilty of bigamy when the person contracts or purports to contract a marriage with another person knowing the person has a living spouse, or knowing the other person has a living spouse.
Bigamy is a class G felony.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 1001
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1002
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter IV. Offenses Relating to Marriage
§ 1002. Bigamy; defenses
In any prosecution for bigamy it is a defense that, at the time of the allegedly bigamous marriage:
(1) The accused believed, after diligent inquiry, that the prior spouse was dead; or
(2) The parties to the former marriage had been living apart for 7 consecutive years throughout which the accused had no reasonable grounds to believe that the prior spouse was alive; or
(3) A court in any American or foreign jurisdiction had entered a judgment purporting to terminate or annul any prior disqualifying marriage, and the accused did not know that judgment to be invalid; or
(4) The accused otherwise reasonably believed that the accused was legally eligible to remarry.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 1002
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1003
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter IV. Offenses Relating to Marriage
§ 1003. Bigamous marriage contracted outside the State
Whoever, being a resident of Delaware, goes out of the State and contracts a marriage contrary to § 1001 of this title, intending to return and reside in Delaware, and returns accordingly, is guilty of bigamy.
CREDIT(S)
58 Laws 1972, ch. 497, § 1.
Codifications: 11 Del.C. 1953, § 1003
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1004
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter IV. Offenses Relating to Marriage
§ 1004. Advertising marriage in another state
A person is guilty of advertising marriage in another state when the person erects any sign or billboard, or publishes or distributes any material giving information relative to the performance of marriage in another state.
Advertising marriage in another state is a violation. In addition, a peace officer of this State may seize and destroy any sign, billboard or material which the officer observes in violation of this section.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 1004
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. Pt. I, Ch. 5, Subch. V, Refs & Annos
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter V. Offenses Relating to Children and Vulnerable Adults
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1100
Formerly cited as DE ST 11 § 1103.
Effective: September 12, 2012
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter V. Offenses Relating to Children and Vulnerable Adults (Refs & Annos)
Subpart A. Child Welfare; Sexual Offenses
§ 1100. Definitions relating to children
When used in this subchapter:
(a) "Abuse" means causing any physical injury to a child through unjustified force as defined in § 468(1)(c) of this title, torture, negligent treatment, sexual abuse, exploitation, maltreatment, mistreatment or any means other than accident.
(b) "Child" shall mean any individual less than 18 years of age. For the purposes of § 1108, § 1109, § 1110, § 1111 and 1112A of this Title, "child" shall also mean any individual who is intended by the defendant to appear to be 14 years of age or less.
(c) "Delinquent child" means a child who commits an act which if committed by an adult would constitute a crime.
(d) "Neglect" or "neglected child" is as defined in § 901 of Title 10.
(e) "Prohibited sexual act" shall include:
(1) Sexual intercourse;
(2) Anal intercourse;
(3) Masturbation;
(4) Bestiality;
(5) Sadism;
(6) Masochism;
(7) Fellatio;
(8) Cunnilingus;
(9) Nudity, if such nudity is to be depicted for the purpose of the sexual stimulation or the sexual gratification of any individual who may view such depiction;
(10) Sexual contact;
(11) Lascivious exhibition of the genitals or pubic area of any child;
(12) Any other act which is intended to be a depiction or simulation of any act described in this subsection.
(f) "Truancy" or "truant" shall refer to a pupil enrolled in grades kindergarten through 12 of a public school who has been absent from school for more than 3 school days during a school year without a valid excuse as defined in regulations of the district board of education of the school district in which the pupil is or should be enrolled pursuant to the provisions of Title 14, or where a student is enrolled in a charter school, by the board of directors of the charter school.
(g) "Visual depiction" includes, but is not limited to:
(1) Any image which is recorded, stored or contained on or by developed or undeveloped photographic film, motion picture film or videotape; or
(2) Data which is stored or transmitted on or by any computer, or on or by any digital storage medium or by any other electronic means which is capable of conversion into a visual image; or
(3) Any picture, or computer-generated image or picture, or any other image whether made, stored or produced by electronic, digital, mechanical or other means.
(h)
"Previous pattern" of abuse and/
(1)
That constitute an act of abuse and/
(2) Are not so closely related to each other or connected in point of time and place that they constitute a single event.
A
conviction is not required for an act of abuse or neglect to be used in
prosecution of a matter under this subchapter, including an act used as proof of
a previous pattern as defined in this subsection. A conviction for any act of
abuse or neglect, including one which may be relied upon to establish a previous
pattern of abuse and/
(i) "Significant intellectual or developmental disabilities" means impairment in the intellectual or physical capacity of a child as evidenced by a discernible inability to function within the normal range of performance and behavior with regard to age, development, and environment.
(j) "Physical injury" to a child shall mean any impairment of physical condition or pain.
(k) "Serious physical injury" shall mean physical injury which creates a risk of death, or which causes disfigurement, impairment of health or loss or impairment of the function of any bodily organ or limb, or which causes the unlawful termination of a pregnancy without the consent of the pregnant female.
CREDIT(S)
Added by 58 Laws 1972, ch. 497, § 1. Amended by 59 Laws 1974, ch. 547, § 7; 60 Laws 1976, ch. 449, § 2; 61 Laws 1977, ch. 179, §§ 1, 2; 61 Laws 1978, ch. 334, § 4; 63 Laws 1982, ch. 290, § 8; 65 Laws 1986, ch. 494, § 2; 70 Laws 1995, ch. 266, §§ 3, 4, eff. July 19, 1995; 72 Laws 2000, ch. 346, § 17, eff. June 28, 2000; 72 Laws 2000, ch. 480, §§ 1 to 4, eff. July 26, 2000; 74 Laws 2003, ch. 175, § 13, eff. July 17, 2003; 76 Laws 2007, ch. 136, § 8, eff. July 12, 2007. Redesignated from 11 Del.C. § 1103 and amended by 78 Laws 2012, ch. 406, § 1, eff. Sept. 12, 2012.
Codifications: 11 Del.C. 1953, § 1103
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1100A
Formerly cited as DE ST 11 § 1100.
Effective: September 12, 2012
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter V. Offenses Relating to Children and Vulnerable Adults (Refs & Annos)
Subpart A. Child Welfare; Sexual Offenses
§ 1100A. Dealing in children; class E felony
A person is guilty of dealing in a child if the person intentionally or knowingly trades, barters, buys or negotiates to trade, barter, buy or sell a child under the age of 18; provided, however, that payment of reasonable medical expenses related to the pregnancy and reasonable room and board to the providers of those services in conjunction with placement of a child for adoption in accordance with § 904(a)(2) of Title 13 shall not constitute a violation of this section.
Dealing in a child is a class E felony.
CREDIT(S)
67 Laws 1989, ch. 100, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995. Redesignated from 11 Del.C. § 1100 by 78 Laws 2012, ch. 406, § 1, eff. Sept. 12, 2012.
Codifications: 11 Del.C. 1953, § 1100
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1101
Effective: June 21, 2009
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
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Subchapter V. Offenses Relating to Children and Vulnerable Adults (Refs & Annos)
Subpart A. Child Welfare; Sexual Offenses
§ 1101. Abandonment of child; class E felony; class F felony
A person is guilty of abandonment of a child when, being a parent, guardian or other person legally charged with the care or custody of a child, the person deserts the child in any place intending permanently to abandon the child.
Abandonment of a child is a class E felony unless the child is 14 years of age or older. Abandonment of a child 14 years of age or older is a class F felony.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 77 Laws 2009, ch. 33, § 1, eff. June 21, 2009.
Codifications: 11 Del.C. 1953, § 1101
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1102
Effective: September 12, 2012
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter V. Offenses Relating to Children and Vulnerable Adults (Refs & Annos)
Subpart A. Child Welfare; Sexual Offenses
§ 1102. Endangering the welfare of a child; class E or G felony
(a) A person is guilty of endangering the welfare of a child when:
(1) Being a parent, guardian or any other person who has assumed responsibility for the care or supervision of a child the person:
a. Intentionally, knowingly, or recklessly acts in a manner likely to be injurious to the physical, mental or moral welfare of the child; or
b. Intentionally, knowingly or recklessly does or fails to do any act, including failing to report a missing child, with the result that the child becomes a neglected or abused child.
(2) The person knowingly contributes to the delinquency of any child less than 18 years old by doing or failing to do any act with the result, alone or in conjunction with other acts or circumstances, that the child becomes a delinquent child; or
(3) The person knowingly encourages, aids, abets or conspires with the child to run away from the home of the child's parents, guardian or custodian; or the person knowingly and illegally harbors a child who has run away from home; or
(4) The person commits any violent felony, or reckless endangering second degree, assault third degree, terroristic threatening, or unlawful imprisonment second degree against a victim, knowing that such felony or misdemeanor was witnessed, either by sight or sound, by a child less than 18 years of age who is a member of the person's family or the victim's family.
(5) The person commits the offense of Driving Under the Influence as set forth in § 4177 of Title 21, or the offense of Operating a Vessel or Boat Under the Influence as set forth in § 2302 of Title 23, and during the commission of the offense knowingly permits a child less than 18 years of age to be a passenger in or on such vehicle, vessel or boat.
(6) The person commits any offense set forth in Chapter 47 of Title 16 in any dwelling, knowing that any child less than 18 years of age is present in the dwelling at the time.
(7) The person provides or permits a child to consume or inhale any substance not prescribed to the child by a physician, as defined in §§ 4714, 4716, 4718, 4720, and 4722 of Title 16.
(b) Endangering the welfare of a child shall be punished as follows:
(1) When the death of a child occurs while the child's welfare was endangered as defined in subsection (a) of this section, endangering the welfare of a child is a class E felony;
(2) When serious physical injury to a child occurs while the child's welfare was endangered as defined in subsection (a) of this section, endangering the welfare of a child is a class G felony;
(3) When a child becomes the victim of a sexual offense as defined in § 761(g) of this title while the child's welfare was endangered as defined in subsection (a) of this section, endangering the welfare of a child is a class G felony;
(4) In all other cases, endangering the welfare of a child is a class A misdemeanor.
(c) For the purpose of imposing the penalties prescribed in subdivision (b)(1), (b)(2) or (b)(3) of this section, it is not necessary to prove the person's state of mind or liability for causation with regard to the resulting death of or physical injury to the child or sexual offense against the child, notwithstanding the provisions of § 251, § 252, § 261, § 262, § 263 or § 264 of this title, or any other statutes to the contrary.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 61 Laws 1978, ch. 334, § 6; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 70 Laws 1996, ch. 451, §§ 1, 2, eff. July 5, 1996; 71 Laws 1998, ch. 424, § 3, eff. July 13, 1998; 73 Laws 2001, ch. 208, §§ 1-3, eff. June 30, 2001; 77 Laws 2009, ch. 34, § 1, eff. May 22, 2009; 78 Laws 2012, ch. 242, § 1, eff. May 21, 2012; 78 Laws 2012, ch. 406, § 2, eff. Sept. 12, 2012.
Codifications: 11 Del.C. 1953, § 1102
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1102A
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter V. Offenses Relating to Children and Vulnerable Adults (Refs & Annos)
Subpart A. Child Welfare; Sexual Offenses
§ 1102A. Abandonment of a baby at a hospital as defense
In any prosecution for an offense set forth in § 1101 or § 1102 of this title, it is a defense if the person surrendered care or custody of a baby directly to an employee or volunteer of a hospital emergency department inside of the emergency department, provided that said baby is surrendered alive, unharmed and is in a safe place therein. For the purposes of this section "baby" means a child not more than 14 days old.
CREDIT(S)
73 Laws 2001, ch. 187, §§ 1, 8, eff. July 9, 2001; 75 Laws 2006, ch. 376, § 1, eff. July 6, 2006.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1103
Effective: September 12, 2012
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter V. Offenses Relating to Children and Vulnerable Adults (Refs & Annos)
Subpart A. Child Welfare; Sexual Offenses
§ 1103. Child Abuse in the third degree; class A misdemeanor
(a) A person is guilty of child abuse in the third degree when:
(1)
The person recklessly or intentionally causes physical injury to a child through
an act of abuse and/
(2)
The person recklessly or intentionally causes physical injury to a child when
the person has engaged in a previous pattern of abuse and/
(b) This offense shall be a Class A misdemeanor.
CREDIT(S)
Added by 78 Laws 2012, ch. 406, § 3, eff. Sept. 12, 2012.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1103A
Effective: September 12, 2012
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter V. Offenses Relating to Children and Vulnerable Adults (Refs & Annos)
Subpart A. Child Welfare; Sexual Offenses
§ 1103A. Child Abuse in the second degree; class G felony
(a) A person is guilty of child abuse in the second degree when:
(1) The person intentionally or recklessly causes physical injury to a child who is 3 years of age or younger; or
(2) The person intentionally or recklessly causes physical injury to a child who has significant intellectual or developmental disabilities
(b) This offense shall be a Class G Felony.
(3) [FN1] The person intentionally or recklessly causes physical injury to a child by means of a deadly weapon or dangerous instrument.
CREDIT(S)
Added by 78 Laws 2012, ch. 406, § 3, eff. Sept. 12, 2012.
[FN1] So in original.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1103B
Formerly cited as DE ST 11 § 615.
Effective: September 12, 2012
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter V. Offenses Relating to Children and Vulnerable Adults (Refs & Annos)
Subpart A. Child Welfare; Sexual Offenses
§ 1103B. Child Abuse in the First degree ; class B felony
(a) A person is guilty of child abuse in the first degree when the person recklessly or intentionally causes serious physical injury to a child:
(1)
Through an act of abuse and/
(2)
When the person has engaged in a previous pattern of abuse and/
Child Abuse in the First Degree is a class B felony.
CREDIT(S)
72 Laws 1999, ch. 197, § 1, eff. July 20, 1999. Redesignated from 11 Del.C. § 615 and amended by 78 Laws 2012, ch. 406, § 3, eff. Sept. 12, 2012.
Codifications: 11 Del.C. 1953, § 615
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1104
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter V. Offenses Relating to Children and Vulnerable Adults (Refs & Annos)
Subpart A. Child Welfare; Sexual Offenses
§ 1104. Treatment of a child by a prayer as a defense to a charge of not providing medical care or treatment
In any prosecution for endangering the welfare of a child, except where it is alleged to be punishable under § 1102(b)(1) or (b)(2) of this title, which is based upon an alleged failure or refusal to provide proper medical care or treatment to an ill child, it is an affirmative defense that the accused is a member or adherent of an organized church or religious group, the tenets of which prescribe prayer as the principal treatment for illness, and treated or caused the ill child to be treated in accordance with those tenets; provided, that the accused may not assert this defense when the person has violated any laws relating to communicable or reportable diseases and to sanitary matters.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 70 Laws 1996, ch. 451, § 3, eff. July 5, 1996.
Codifications: 11 Del.C. 1953, § 1104
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1105
Effective: April 19, 2012
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter V. Offenses Relating to Children and Vulnerable Adults (Refs & Annos)
Subpart A. Child Welfare; Sexual Offenses
§ 1105. Crime against a vulnerable adult
(a) Any person who commits, or attempts to commit, any of the crimes or offenses set forth in subsection (f) of this section against a person who is a vulnerable adult is guilty of a crime against a vulnerable adult.
(b) A crime against a vulnerable adult shall be punished as follows:
(1) If the underlying offense is an unclassified misdemeanor, or a class B misdemeanor, the crime against a vulnerable adult shall be a class A misdemeanor;
(2) If the underlying offense is a class A misdemeanor, the crime against a vulnerable adult shall be a class G felony;
(3) If the underlying offense is a class D, E, F, or G felony, the crime against a vulnerable adult shall be 1 class higher than the underlying offense.
(c) "Vulnerable adult" means a person 18 years of age or older who, by reason of isolation, sickness, debilitation, mental illness or physical, mental or cognitive disability, is easily susceptible to abuse, neglect, mistreatment, intimidation, manipulation, coercion or exploitation. Without limitation, the term "vulnerable adult" includes any adult for whom a guardian or the person or property has been appointed.
(d) Notwithstanding any provision of law to the contrary, it is no defense to an offense or sentencing provision set forth in this section that the accused did not know that the victim was a vulnerable adult or that the accused reasonably believed the person was not a vulnerable adult unless the statute defining the underlying offense, or a related statute, expressly provides that knowledge that the victim is a vulnerable adult is a defense.
(e) No person shall be sentenced for both an underlying offense and a crime against a vulnerable adult. No person shall be sentenced for a violation of subsection (a) of this section if the underlying offense, as charged against the accused, has an element that the victim was 62 years of age or older or was an "adult who is impaired" as defined in § 3902 of Title 31.
(f) The following shall be underlying offenses for the purposes of this section:
Title 11:
§ 601 Offensive touching
§ 602(a) Menacing
§ 602(b) Aggravated Menacing
§ 603 Reckless endangering in the second degree
§ 604 Reckless endangering in the first degree
§ 605 Abuse of a pregnant female in the second degree
§ 606 Abuse of a pregnant female in the first degree
§ 611 Assault in the third degree
§ 612 Assault in the second degree
§ 621 Terroristic threatening
§ 622 Hoax device
§ 625 Unlawfully administering drugs
§ 626 Unlawfully administering controlled substance or counterfeit substance or narcotic drugs
§ 645 Promoting suicide
§ 763 Sexual harassment
§ 764 Indecent exposure in the second degree
§ 766 Incest
§ 767 Unlawful sexual contact in the third degree
§ 769. Unlawful sexual contact in the first degree
§ 770 Rape in the fourth degree
§ 774 Sexual extortion
§ 780 Female genital mutilation
§ 781 Unlawful imprisonment in the second degree
§ 782 Unlawful imprisonment in the first degree
§ 783 Kidnapping in the second degree
§ 791 Acts constituting coercion
§ 811 Criminal mischief
§ 825 Burglary in the second degree
§ 831 Robbery in the second degree
§ 835 Carjacking in the second degree
§ 841 Theft, except paragraph (c)(3)b.
§ 841A Theft of a motor vehicle
§ 842 Theft; lost or mislaid property
§ 843 Theft; false pretense
§ 844 Theft; false promise
§ 846 Extortion
§ 848 Misapplication of property
§ 853 Unauthorized use of a vehicle
§ 854 Identity theft
§ 861 Forgery
§ 903 Unlawful use of credit card
§ 909 Securing execution of documents by deception
§ 914 Use of consumer identification information
§ 916 Home improvement fraud
§ 917 New home construction fraud, except paragraph (d)(3)
§ 1001 Bigamy
§ 1311 Harassment
§ 1312 Stalking, except paragraphs (d)(1) and (d)(2)
§ 1335 Violation of privacy
§ 1339 Adulteration
§ 1451 Theft of a firearm
Title 6:
§ 73-604 Securities Fraud
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 77 Laws 2010, ch. 416, § 1, eff. July 16, 2010; 78 Laws 2012, ch. 224, § 15, eff. April 19, 2012.
Codifications: 11 Del.C. 1953, § 1105
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1106
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter V. Offenses Relating to Children and Vulnerable Adults (Refs & Annos)
Subpart A. Child Welfare; Sexual Offenses
§ 1106. Unlawfully dealing with a child; class B misdemeanor
A person is guilty of unlawfully dealing with a child when:
(1) The person knowingly permits a child less than 18 years old to enter or remain in a place where unlawful narcotics or dangerous drugs activity is maintained or conducted; or
(2) The person knowingly permits a child less than 18 years old to enter or remain in a place where unlawful sexual activity is maintained or conducted; or
(3) The person knowingly permits a child less than 18 years old to enter or remain in a place where gambling activity which is made unlawful by this Criminal Code is maintained or conducted; or
(4) The person, being the proprietor or person in charge of any dance house, concert saloon, theater, museum or similar place of amusement, where wines or spirituous or malt liquors are sold or given away, knowingly admits or permits to remain therein any minor under the age of 18 years, unless accompanied by a parent or guardian.
Unlawfully dealing with a child is a class B misdemeanor.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 68 Laws 1992, ch. 384, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 70 Laws 1996, ch. 318, § 1; 73 Laws 2002 (3rd Sp. Sess.), ch. 425, §§ 1, 2, eff. July 30, 2002.
Codifications: 11 Del.C. 1953, § 1106
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1107
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter V. Offenses Relating to Children and Vulnerable Adults (Refs & Annos)
Subpart A. Child Welfare; Sexual Offenses
§ 1107. Endangering children; unclassified misdemeanor
A person is guilty of endangering children when the person negligently abandons or leaves unattended in any place accessible to children any refrigerator, icebox or similar airtight box or container which has a locking device inoperable from within, without first unhinging and removing the door or lid thereof or detaching the locking device from the door or lid. Nothing in this section prohibits the normal use of a refrigerator, icebox or freezer for the storage of food.
Endangering children is an unclassified misdemeanor.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 1107
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1108
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter V. Offenses Relating to Children and Vulnerable Adults (Refs & Annos)
Subpart A. Child Welfare; Sexual Offenses
§ 1108. Sexual exploitation of a child; class B felony
A person is guilty of sexual exploitation of a child when:
(1) The person knowingly, photographs or films a child engaging in a prohibited sexual act or in the simulation of such an act, or otherwise knowingly creates a visual depiction of a child engaging in a prohibited sexual act or in the simulation of such an act; or
(2) The person knowingly, finances or produces any motion picture, video or other visual depiction of a child engaging in a prohibited sexual act or in the simulation of such an act; or
(3) The person knowingly publishes or makes available for public distribution or sale by any means, including but not limited to computer, any book, magazine, periodical, pamphlet, photograph, Internet site or web page which depicts a child engaging in a prohibited sexual act or in the simulation of such an act, or knowingly publishes or makes available for public distribution or sale by any means, including computer, any other visual depiction of a child engaging in a prohibited sexual act or in the simulation of such an act; or
(4) The person permits, causes, promotes, facilitates, finances, produces or otherwise advances an exhibition, display or performances of a child engaging in a prohibited sexual act or the simulation of such an act.
Sexual exploitation of a child is a class B felony.
CREDIT(S)
61 Laws 1977, ch. 179, § 3; 63 Laws 1981, ch. 28, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 72 Laws 2000, ch. 480, §§ 5 to 7, eff. July 26, 2000.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1109
Effective: July 16, 2008
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter V. Offenses Relating to Children and Vulnerable Adults (Refs & Annos)
Subpart A. Child Welfare; Sexual Offenses
§ 1109. Dealing in child pornography; class B felony
A person is guilty of dealing in child pornography when:
(1) The person knowingly ships, transmits, mails or transports by any means, including by computer or any other electronic or digital method, any "book, magazine, periodical, pamphlet, video or film depicting a child engaging in a prohibited sexual act or in the simulation of such an act, or knowingly ships, transmits, mails or transports by any means, including by computer or any other electronic or digital method, any other visual depiction of a child engaging in a prohibited sexual act or in the simulation of such an act;
(2) The person knowingly receives for the purpose of selling or sells any magazine, photograph or film which depicts a child engaging in a prohibited sexual act or in the simulation of such an act, or knowingly receives for the purpose of selling or sells any other visual depiction of a child engaging in a prohibited sexual act or in the simulation of such an act;
(3) The person knowingly distributes or disseminates, by means of computer or any other electronic or digital method, or by shows or viewings, any motion picture, video or other visual depiction of a child engaging in a prohibited sexual act or the simulation of such an act. The possession or showing of such motion pictures shall create a rebuttable presumption of ownership thereof for the purposes of distribution or dissemination;
(4) The person, intentionally compiles, enters, accesses, transmits, receives, exchanges, disseminates, stores, makes, prints, reproduces or otherwise possesses any photograph, image, file, data or other visual depiction of a child engaging in a prohibited sexual act or in the simulation of such an act. For the purposes of this subsection, conduct occurring outside the State shall be sufficient to constitute this offense if such conduct is within the terms of § 204 of this title, or if such photograph, image, file or data was compiled, entered, accessed, transmitted, received, exchanged, disseminated, stored, made, printed, reproduced or otherwise possessed by, through or with any computer located within Delaware and the person was aware of circumstances which rendered the presence of such computer within Delaware a reasonable possibility; or
(5) The person knowingly advertises, promotes, presents, describes, transmits or distributes any visual depiction, exhibition, display or performance with intent to create or convey the impression that such visual depiction, exhibition, display or performance is or contains a depiction of a child engaging in a prohibited sexual act or in the simulation of such an act.
Unlawfully dealing in child pornography is a class B felony.
CREDIT(S)
61 Laws 1977, ch. 179, § 4; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 71 Laws 1998, ch. 467, §§ 1, 2, eff. July 17, 1998; 72 Laws 2000, ch. 480, §§ 8 to 14, eff. July 26, 2000; 76 Laws 2008, ch. 364, §§ 3, 4, eff. July 16, 2008.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1110
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter V. Offenses Relating to Children and Vulnerable Adults (Refs & Annos)
Subpart A. Child Welfare; Sexual Offenses
§ 1110. Subsequent convictions of § 1108 or § 1109 of this title
Any person convicted under § 1109 of this title who is convicted of a second or subsequent violation of that section shall, upon such second or subsequent conviction, be guilty of a class B felony. Any person convicted under § 1108 of this title who is convicted of a second or subsequent violation of that section shall, upon such second or subsequent conviction, be sentenced to life imprisonment.
CREDIT(S)
61 Laws 1977, ch. 179, § 5; 67 Laws 1989, ch. 130, § 8.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1111
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter V. Offenses Relating to Children and Vulnerable Adults (Refs & Annos)
Subpart A. Child Welfare; Sexual Offenses
§ 1111. Possession of child pornography; class F felony
A person is guilty of possession of child pornography when:
(1) the person knowingly possesses any visual depiction of a child engaging in a prohibited sexual act or in the simulation of such an act; or
(2) the person knowingly possesses any visual depiction which has been created, adapted, modified or edited so as to appear that a child is engaging in a prohibited sexual act or in the simulation of such an act.
Possession of child pornography is a class F felony.
CREDIT(S)
67 Laws 1990, ch. 202, § 1; 71 Laws 1998, ch. 467, §§ 3, 4, eff. July 17, 1998; 72 Laws 2000, ch. 480, § 15, eff. July 26, 2000.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1112
Effective: June 30, 2010
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter V. Offenses Relating to Children and Vulnerable Adults (Refs & Annos)
Subpart A. Child Welfare; Sexual Offenses
§ 1112. Sexual offenders; prohibitions from school zones
(a) Any person who is a sexual offender and who:
(1) Resides on or within 500 feet of the property of any school shall be guilty of a class G felony.
(2) Loiters on or within 500 feet of the property of any school shall be guilty of a class F felony.
(b) For purposes of this section, the following definitions shall apply:
(1) "Loiter" means:
a. Standing, sitting idly, whether or not the person is in a vehicle, or remaining in or around school property, while not having reason or relationship involving custody of or responsibility for a pupil or any other specific or legitimate reason for being there; or
b. Standing, sitting idly, whether or not the person is in a vehicle, or remaining in or around school property, for the purpose of engaging or soliciting another person to engage in sexual intercourse, sexual penetration, sexual contact, or sexual harassment, sexual extortion, or indecent exposure.
(2) "Reside" means to dwell permanently or continuously or to occupy a dwelling or home as one's permanent or temporary place of abode.
(3) "School" means any preschool, kindergarten, elementary school, secondary school, vocational technical school or any other institution which has as its primary purpose the education or instruction of children under 16 years of age.
(4) "Sexual offender" shall mean any person who:
a.
Has been convicted in this State of the commission or attempt to commit any
sexual offense upon a child under 16 years of age under § 767, § 768, § 769, §
770, § 771, § 772, § 773, § 776, § 777, § 777A, § 778, § 778A, § 1108, § 1109, §
1111, and/
b. Has been discharged or paroled from a penal institution where that person was confined because of the commission or attempt to commit 1 or more of the offenses enumerated in paragraph (b)(4)a. of this section; or
c. Has been adjudged guilty but mentally ill under § 401 of this title or not guilty by reason of insanity under § 401 of this title for the commission or attempt to commit 1 or more of the offenses enumerated in paragraph a. of this subsection; or
d. Has been convicted in any other state of any offense which, if committed or attempted in this State, would have been punishable as 1 or more of the offenses enumerated in paragraph (b)(4)a. of this section.
(c) It shall not be a defense to a prosecution for a violation of this section that the person was unaware that the prohibited conduct took place on or within 500 feet of any school property.
CREDIT(S)
70 Laws 1995, ch. 279, § 1, eff. July 25, 1995; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 71 Laws 1998, ch. 467, § 8, eff. July 17, 1998; 77 Laws 2010, ch. 318, § 10, eff. June 30, 2010.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1112A
Effective: July 10, 2009
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter V. Offenses Relating to Children and Vulnerable Adults (Refs & Annos)
Subpart A. Child Welfare; Sexual Offenses
§ 1112A. Sexual solicitation of a child; class C felony
(a) A person is guilty of sexual solicitation of a child if the person, being 18 years of age or older, intentionally or knowingly:
(1) Solicits, requests, commands, importunes or otherwise attempts to cause any child who has not yet reached that child's eighteenth birthday to engage in a prohibited sexual act; or
(2) Solicits, requests, commands, importunes or otherwise attempts to cause any child who has not yet reached that child's sixteenth birthday to meet with such person or any other person for the purpose of engaging in a prohibited sexual act; or
(3) Compiles, enters, accesses, transmits, receives, exchanges, disseminates, stores, makes, prints, reproduces or otherwise possesses by any means, including by means of computer, any notice, statement, document, advertisement, file or data containing the name, telephone number, address, e-mail address, school address or location, physical characteristics or other descriptive or identifying information pertaining to any child who has not yet reached that child's sixteenth birthday for the purpose of facilitating, encouraging, offering or soliciting a prohibited sexual act involving such child and such person or any other person.
(b) For the purposes of this section, conduct occurring outside the State shall be sufficient to constitute this offense if such conduct is within the terms of § 204 of this title, or if the child was within the State at the time of the prohibited conduct and the defendant was aware of circumstances which rendered the presence of such child within Delaware a reasonable possibility.
(c) Sexual solicitation of a child is a class C felony.
(d) Nothing in this section shall preclude a separate charge, conviction and sentence for any other crime set forth in this title, or in the Delaware Code.
CREDIT(S)
Added by 71 Laws 1998, ch. 467, § 5, eff. July 17, 1998. Amended by 70 Laws 1995, ch. 186, § 1; 77 Laws 2009, ch. 148, § 37, eff. July 10, 2009.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1113
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter V. Offenses Relating to Children and Vulnerable Adults (Refs & Annos)
Subpart A. Child Welfare; Sexual Offenses
§ 1113. Criminal nonsupport and aggravated criminal nonsupport
(a) A person is guilty of criminal nonsupport when that person knowingly fails, refuses or neglects to provide the minimal requirements of food, clothing or shelter for that person’s minor child. Criminal nonsupport is a class B misdemeanor unless the person has previously been convicted of the same offense or the offense of aggravated criminal nonsupport, in which case it is a class A misdemeanor.
(b) A person is guilty of aggravated criminal nonsupport when, being subject to a support order, that person is delinquent in meeting, as and when due, the full obligation established by such support order and has been so delinquent for a period of at least 4 months' duration. Aggravated criminal nonsupport is a class A misdemeanor, unless any 1 of the following aggravating factors is present, in which case aggravated criminal nonsupport is a class G felony:
(1) The person has previously been convicted of aggravated criminal nonsupport;
(2) The person has been delinquent in meeting, as and when due, the full obligation established by such support order for 8 consecutive months; or
(3) The arrearage is $10,000 or more.
(c) In any prosecution for criminal nonsupport, it is an affirmative defense that the accused has fully complied with a support order that was in effect for the support of the subject person during the time period of the offense charged.
(d) In any prosecution for criminal nonsupport or aggravated criminal nonsupport, it is an affirmative defense that the accused was unable to pay or provide support, but the accused's inability to pay or provide support must be the result of circumstances over which the accused had no control. Unemployment or underemployment with justifiable excuse shall constitute a defense to any prosecution for criminal nonsupport or aggravated criminal nonsupport. Justifiable excuse may be established where the accused has been involuntarily terminated from the accused's employment or otherwise had the accused's income involuntarily reduced and is diligently and in good faith seeking reasonably appropriate employment opportunities under all the circumstances or pursuing self-employment.
(e) It is not a defense to a charge of criminal nonsupport or aggravated criminal nonsupport that the person to be supported received support from a source other than the accused.
(f) In any prosecution for criminal nonsupport or aggravated criminal nonsupport, payment records maintained by an administrative agency or court through which a support order is payable, are prima facie evidence of the support paid or unpaid and the accrued arrearages.
(g) A privilege against disclosure of confidential communications between spouses does not apply to a prosecution for criminal nonsupport or aggravated criminal nonsupport, and either spouse shall be competent to testify against the other as to any and all relevant matters.
(h) No civil proceeding in any court or administrative agency shall be a bar to a prosecution for criminal nonsupport or aggravated criminal nonsupport.
(i) The court, in its discretion, may order that any fine upon conviction for criminal nonsupport or aggravated criminal nonsupport be paid for the support of the person entitled to support. If a support order has been entered, a fine paid pursuant to this subsection shall be applied in accordance with the support order.
(j) The court shall order any person convicted of criminal nonsupport or aggravated criminal nonsupport to make restitution to the person entitled to support. The amount of restitution is the arrearages that accrued under a support order during the time period for which the person was convicted of criminal nonsupport or aggravated criminal nonsupport, or, if there is no support order, an amount determined to be reasonable by the court.
(k) As used in this section:
(1) "Child" means any child, whether over or under the age of majority, with respect to whom a support order exists.
(2) "Minor child" means any child, natural or adopted, whether born in or out of wedlock, under 18 years of age, or over 18 years of age but not yet 19 years of age if such child is a student in high school and is likely to graduate.
(3) "Support order" means a judgment, decree or order, whether temporary, final or subject to modification, for the benefit of a child, a spouse or a former spouse or a parent, issued by a court or agency, which provides for monetary support, medical support, health care, arrearages or reimbursement, whether incidental to a proceeding for divorce, judicial or legal separation, separate maintenance, paternity, guardianship, civil protection or otherwise.
CREDIT(S)
70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 70 Laws 1996, ch. 448, § 1, eff. July 5, 1996.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1114
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter V. Offenses Relating to Children and Vulnerable Adults (Refs & Annos)
Subpart A. Child Welfare; Sexual Offenses
§ 1114. Body-piercing, tattooing or branding; consent for minors; civil and criminal penalties
(a) No person shall knowingly or negligently tattoo, brand or perform body-piercing on a minor unless that person obtains the prior written consent of the minor's parent over the age of 18 or legal guardian to the specific act of tattooing, branding or body-piercing.
(b) No person shall tattoo, brand or perform body-piercing on another person if the other person is under the influence of alcoholic beverages, being beer, wine or spirits or a controlled substance.
(c) Consent forms required by subsection (a) of this section shall be notarized.
(d)(1) A person who violates this section shall be guilty of a class B misdemeanor for the first offense or a class A misdemeanor for a second or subsequent offense. The Court of Common Pleas shall have original jurisdiction over these offenses for those 18 years of age or older, and the Family Court shall have original jurisdiction for those under the age of 18 at the time of the offense.
(2) In any prosecution for an offense under this subsection, it shall be an affirmative defense that the individual, who has not reached the age of 18, presented to the accused identification, with a photograph of such individual affixed thereon, which identification sets forth information which would lead a reasonable person to believe such individual was 18 years of age or older. A photocopy of the identification shall be attached to the information card that a customer shall complete at the time that the tattoo, body piercing or branding is obtained.
(e) A person who violates subsection (a) of this section is liable in a civil action for actual damages or $1,000, whichever is greater, plus reasonable court costs and attorney fees.
(f) As used in this section:
(1) "Body-piercing" means the perforation of human tissue excluding the ear for a nonmedical purpose.
(2) "Branding" means a permanent mark made on human tissue by burning with a hot iron or other instrument.
(3) "Controlled substance" means that term as defined in Chapter 47 of Title 16.
(4) "Minor" means an individual under 18 years of age who is not emancipated.
(5) "Tattoo" means 1 or more of the following:
a. An indelible mark made upon the body of another person by the insertion of a pigment under the skin.
b. An indelible design made upon the body of another person by production of scars other than by branding.
(6) Nothing in this section shall require a person to tattoo, brand or body pierce a minor with parental consent if the person does not regularly tattoo, brand or body pierce customers under the age of 18.
CREDIT(S)
71 Laws 1998, ch. 243, § 1, eff. Feb. 10, 1998.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1114A
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter V. Offenses Relating to Children and Vulnerable Adults (Refs & Annos)
Subpart A. Child Welfare; Sexual Offenses
§ 1114A. Tongue-splitting; class A misdemeanor; class B misdemeanor; class G felony; additional civil penalties
(a) A person is guilty of tongue-splitting in the first degree if the person is neither a physician nor a dentist, holding a valid license issued under the laws of the State of Delaware, and the person performs an act of tongue-splitting on any other person in this State. Tongue-splitting in the first degree is a class A misdemeanor.
(b) A doctor or dentist is guilty of tongue splitting in the second degree if the doctor or dentist performs an act of tongue-splitting in this State and the person on whom the act of tongue-splitting is performed is either:
(1) Under the influence of alcohol or a controlled substance; or
(2) Is a minor and the person has failed to obtain the prior written and notarized consent of the minor's adult parent or legal guardian to the specific act of tongue-splitting.
Tongue-splitting in the second degree is a class B misdemeanor.
(c) Any person found guilty of a second or subsequent violation of this section is guilty of a class G felony for such second or subsequent offense.
(d) In any prosecution for an offense under paragraph (b)(2) of this section, it shall be an affirmative defense that the accused was presented with a piece of photo identification by the person on whom the accused performed the procedure setting forth such information that would lead a reasonable person to believe the individual was the person pictured on the identification and that the person was 18 years of age or older. Failure of the accused to present a photocopy of the identification to the court when raising a defense under this subsection shall be affirmative proof that no such identification exists.
(e) An act of tongue-splitting performed in violation of subsection (a) of this section constitutes both the practice of medicine without a license and the practice of dentistry without a license. Nothing in this section shall prohibit prosecution under the provisions of either § 1134 of Title 24 relating to the practice of dentistry without a license, or § 1766 of Title 24 relating to the practice of medicine without a license, or both.
(f) In addition to the penalties set forth herein, any person who has performed an act of tongue-splitting in violation of this section shall be held liable in a civil action, brought by any person aggrieved by such act, for actual damages or $1,000, whichever is greater; plus reasonable court costs and attorney fees.
(g) For the purposes of this section "tongue-splitting" means the surgical procedure of cutting a human tongue into 2 or more parts giving it a forked or multi-tipped appearance.
CREDIT(S)
74 Laws 2004, ch. 340, § 1, eff. July 12, 2004; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1115
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter V. Offenses Relating to Children and Vulnerable Adults (Refs & Annos)
Subpart B. Sale and Distribution of Tobacco Products
§ 1115. Definitions
(1) "Coupon" means any card, paper, note, form, statement, ticket or other issue distributed for commercial or promotional purposes to be later surrendered by the bearer so as to receive any tobacco product without charge or at a discounted price.
(2) "Distribute" means give, deliver or sell, offer to give, deliver or sell, or cause or hire any person to give, deliver or sell, or offer to give, deliver or sell.
(3) "Health warning" means any tobacco product label mandated by federal law and intended to alert all users of such tobacco product to the health risks associated with tobacco use, including, but not limited to, warning labels imposed under the Federal Cigarette Labeling and Advertising Act [FN1]and the Comprehensive Smokeless Tobacco Health Education Act of 1986. [FN2]
(4) "Proof of age" means a driver's license or other identification with a photograph of the individual affixed thereon that indicates that the individual is 18 years old or older.
(5) "Public place" means any area to which the general public is invited or permitted, including, but not limited to, parks, streets, sidewalks or pedestrian concourses, sports arenas, pavilions, gymnasiums, public malls and property owned, occupied or operated by the State or by any agency thereof.
(6) "Sample" means a tobacco product distributed to members of the general public at no cost for the purpose of promoting the product.
(7) "Sampling" means the distribution of samples or coupons for redemption of tobacco products to members of the general public in a public place.
(8) "Tax stamp" means any required State or federal stamp imposed for the purpose of collecting excise tax revenue.
(9) "Tobacco product" means any product that contains tobacco, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff or smokeless tobacco and is intended for human consumption or use.
(10) "Tobacco store" means any retail establishment where 60% of the retail establishment's gross revenue comes from the retail sale of tobacco products and smoking paraphernalia.
(11) "Vending machine" means any mechanical, electronic or other similar device which automatically dispenses tobacco products, usually upon the insertion of a coin, token or slug.
CREDIT(S)
70 Laws 1996, ch. 318, § 4.
[FN1]15 U.S.C.A. § 1331 et seq.
[FN2]15 U.S.C.A. § 4401 et seq.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1116
Effective: July 22, 2009
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter V. Offenses Relating to Children and Vulnerable Adults (Refs & Annos)
Subpart B. Sale and Distribution of Tobacco Products
§ 1116. Sale or distribution of tobacco products to minors
(a) It shall be unlawful for any person to sell or distribute any tobacco product to another person who has not attained the age of 18 years or to purchase any tobacco product on behalf of another such person, except that this section shall not apply to the parent or guardian of another such person.
(b) A person engaged in the sale or distribution of tobacco products shall have the right to demand proof of age from a prospective purchaser or recipient of such products.
(c) A person engaged in the sale or distribution of tobacco products shall demand proof of age from a prospective purchaser or recipient of such products who is under 27 years of age.
CREDIT(S)
70 Laws 1996, ch. 318, § 4; 77 Laws 2009, ch. 180, § 1, eff. July 22, 2009.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1117
Effective: July 22, 2009
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter V. Offenses Relating to Children and Vulnerable Adults (Refs & Annos)
Subpart B. Sale and Distribution of Tobacco Products
§ 1117. Notice
A person engaged in the sale or distribution of tobacco products shall post conspicuously at each point of purchase and each tobacco vending machine a notice stating that selling tobacco products to anyone under 18 years of age is illegal, that the purchase of tobacco products by anyone under 18 years of age is illegal and that a violator is subject to fines. The notice shall also state that all persons selling tobacco products are required, under law, to check the proof of age of any purchaser of tobacco products under the age of 27 years. The notice shall include a toll-free telephone number to the Department of Safety and Homeland Security for persons to report unlawful sales of tobacco products. The owners of an establishment who fail to post a notice in compliance with this section shall be subject to a fine of $100.
CREDIT(S)
70 Laws 1996, ch. 318, § 4; 74 Laws 2003, ch. 110, § 138, eff. July 1, 2003; 77 Laws 2009, ch. 180, § 2, eff. July 22, 2009.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1118
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter V. Offenses Relating to Children and Vulnerable Adults (Refs & Annos)
Subpart B. Sale and Distribution of Tobacco Products
§ 1118. Distribution of samples to minors
(a) It shall be unlawful for any person to distribute tobacco product samples or coupons for subsequent receipt of free or discounted tobacco products to another person who has not attained the age of 18 years.
(b) A person engaged in sampling shall have the right to demand proof of age from a prospective recipient of samples or of coupons for the redemption of tobacco products.
CREDIT(S)
70 Laws 1996, ch. 318, § 4.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1119
Effective: July 22, 2009
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter V. Offenses Relating to Children and Vulnerable Adults (Refs & Annos)
Subpart B. Sale and Distribution of Tobacco Products
§ 1119. Distribution of cigarettes through vending machines
(a) It shall be unlawful for any person to distribute or permit the distribution of tobacco products through the operation of a vending machine in a public place, except as provided in subsection (b) of this section.
(b) Pursuant to subsection (a) of this section, a person may distribute or permit the distribution of tobacco products through the operation of a vending machine in a taproom, tavern, tobacco shop or in premises in which a person who has not attained the age of 18 years is prohibited by law from entering. A tobacco vending machine must be operated a minimum of 25 feet from any entrance to the premises and must be directly visible to the owner or supervisor of the premises.
(c) It shall be unlawful for any person who owns, operates or manages a business establishment where tobacco products are offered for sale over the counter at retail to maintain such products in any display accessible to customers that is not under the control of a cashier or other employee. This prohibition shall not apply to business establishments to which persons under the age of 18 are not admitted unless accompanied by an adult, tobacco vending machines as permitted under subsection (b) of this section, or tobacco stores. As used in this subsection, "under the control" means customers cannot readily access the tobacco products without the assistance of a cashier or other employee. A display that holds tobacco products behind locked doors shall be constructed as under the control of a cashier or other employee.
CREDIT(S)
70 Laws 1996, ch. 318, § 4; 72 Laws 2000, ch. 472, § 2, eff. Jan. 1, 2001; 77 Laws 2009, ch. 180, § 3, eff. July 22, 2009.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1120
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter V. Offenses Relating to Children and Vulnerable Adults (Refs & Annos)
Subpart B. Sale and Distribution of Tobacco Products
§ 1120. Distribution of tobacco products
(a) No person shall distribute a tobacco product for commercial purposes unless the product is in a sealed package provided by the manufacturer with the required health warning and tax stamp.
(b) No person shall distribute any pack of cigarettes containing fewer than 20 cigarettes.
CREDIT(S)
70 Laws 1996, ch. 318, § 4; 72 Laws 2000, ch. 472, § 1, eff. Jan. 1, 2001.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1121
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter V. Offenses Relating to Children and Vulnerable Adults (Refs & Annos)
Subpart B. Sale and Distribution of Tobacco Products
§ 1121. Penalties
Notwithstanding any other provision of Delaware law, a person who violates § 1116, § 1118, § 1119 or § 1120 of this title shall be guilty of a violation and shall be fined $250 for the 1st offense, $500 for the 2nd offense and $1,000 for the 3rd and all subsequent offenses. Additionally, and notwithstanding any other provision of Delaware law, in imposing a penalty for a 2nd, 3rd or other subsequent offense under this subpart, the court may order the Department of Finance to suspend the defendant's license for sale of tobacco products, issued pursuant to § 5307 of Title 30, for a period not to exceed 6 months. Upon the suspension of such license, the court shall advise the Department of Finance of the suspension in writing. The holder of the license shall surrender the license to the Department of Finance and no refund of fees shall be paid. For purposes of this subpart, a subsequent offense is one that occurs within 12 months of a prior like offense.
CREDIT(S)
70 Laws 1996, ch. 318, § 4.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1122
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter V. Offenses Relating to Children and Vulnerable Adults (Refs & Annos)
Subpart B. Sale and Distribution of Tobacco Products
§ 1122. Affirmative defense
In any prosecution for an offense under this subpart, it shall be an affirmative defense that the purchaser or recipient of tobacco products who had not reached the age of 18 years presented to the accused proof of age which set forth information that would lead a reasonable person to believe that such individual was 18 years of age or older.
CREDIT(S)
70 Laws 1996, ch. 318, § 4.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1123
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter V. Offenses Relating to Children and Vulnerable Adults (Refs & Annos)
Subpart B. Sale and Distribution of Tobacco Products
§ 1123. Liability of employer
(a) If a sale or distribution of any tobacco product or coupon is made in violation of § 1116, § 1118, § 1119 or § 1120 of this title, the owner, proprietor, franchisee, store manager or other person in charge of the establishment where the violation occurred shall be guilty of the violation and shall be subject to the fine only if the retail licensee has received written notice of the provisions of §§ 1116 through 1121 of this title by the Department of Safety and Homeland Security. For purposes of determining the liability of a person who owns or controls franchises or business operations in multiple locations, for a 2nd or subsequent violation of this subpart, each individual franchise or business location shall be deemed a separate establishment.
(b) Notwithstanding any other provision of this subpart, in any prosecution for a violation of §§ 1116, 1118 and 1120, the owner, proprietor, franchisee, store manager or other person in charge of the establishment where the alleged violation occurred shall have an affirmative defense if such person or entity can establish that prior to the date of the violation:
(1) Had adopted and enforced a written policy against selling tobacco products to persons under 18 years of age;
(2) Had informed its employees of the applicable laws regarding the sale of tobacco products to persons under 18 years of age;
(3) Required employees to sign a form indicating that they have been informed of and understand the written policy required herein;
(4) Required employees to verify the age of tobacco product customers by means of photographic identification; and
(5) Had established and enforced disciplinary sanctions for noncompliance.
(c) The affirmative defense established in subsection (b) of this section may be used by an owner, proprietor, franchisee, store manager or other person in charge of the establishment no more than twice at each location within any 12-month period.
CREDIT(S)
70 Laws 1996, ch. 318, § 4; 72 Laws 1999, ch. 69, § 1, eff. June 23, 1999; 74 Laws 2003, ch. 110, § 138, eff. July 1, 2003.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1124
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter V. Offenses Relating to Children and Vulnerable Adults (Refs & Annos)
Subpart B. Sale and Distribution of Tobacco Products
§ 1124. Purchase or receipt of tobacco products by minors
(a) It shall be unlawful for any person who has not attained the age of 18 years to purchase a tobacco product, to accept receipt of a sample, to exchange a coupon for a tobacco product or to present or offer to another person a purported proof of age which is false, fraudulent or not actually that person’s own proof of age, for the purpose of purchasing or receiving any tobacco product or redeeming a coupon for a tobacco product.
(b) A person who violates subsection (a) of this section shall be adjudged delinquent and shall for a 1st adjudication be fined $50 or ordered to perform 25 hours of community service work, and for a 2nd adjudication and for all subsequent adjudications be fined $50 and ordered to perform 50 hours of community service work. A subsequent adjudication of delinquency is one that occurs within 12 months of a prior like offense.
CREDIT(S)
70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 70 Laws 1996, ch. 318, § 4.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1125
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter V. Offenses Relating to Children and Vulnerable Adults (Refs & Annos)
Subpart B. Sale and Distribution of Tobacco Products
§ 1125. Unannounced inspections; reporting; enforcement
(a) The Department of Safety and Homeland Security or its delegates shall be responsible for conducting annual, random, unannounced inspections at locations where tobacco products are sold or distributed to test and ensure compliance with and enforcement of §§ 1116-1120 and 1124 of this title.
(b) Persons under the age of 18 may be enlisted by the Department of Safety and Homeland Security or its delegates to test compliance with and enforcement of §§ 1116-1120 and 1124 of this title, provided however, that such persons may be used only under the direct supervision of the Department of Public Safety [FN1], its employees or delegates and only where written parental consent has been provided.
(c) Participation in the inspection and enforcement activities of this section by a person under 18 years of age shall not constitute a violation of this subpart for the person under 18 years of age, and the person under 18 years of age is immune from prosecution thereunder, or under any other provision of law prohibiting the purchase of these products by a person under 18 years of age.
(d) The Department of Safety and Homeland Security shall adopt and publish guidelines for the use of persons under 18 years of age in inspections conducted pursuant to this section.
(e) The Department of Safety and Homeland Security may enter into an agreement with any local law enforcement agency for delegation of the inspection and enforcement activities of this section within the local law enforcement agency's jurisdiction. The contract shall require the inspection and enforcement activities of the local law enforcement agency to comply with this subpart and with all applicable laws.
(f) In cases where inspection and enforcement activities have been delegated to a local law enforcement agency pursuant to this section, any inspection or enforcement by the Department of Safety and Homeland Security in the jurisdiction of the local law enforcement agency shall be coordinated with the local law enforcement agency.
(g) The Delaware Department of Health and Social Services shall annually submit to the Secretary of the United States Department of Health and Human Services the report required by § 1926 of the federal Public Health Service Act. [FN2] A copy of this report shall be available to the Governor and the General Assembly.
CREDIT(S)
70 Laws 1996, ch. 318, § 4; 74 Laws 2003, ch. 110, § 138, eff. July 1, 2003.
[FN1] Probably should read "Department of Safety and Homeland Security".
[FN2]42 U.S.C.A. § 300x-26.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1126
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter V. Offenses Relating to Children and Vulnerable Adults (Refs & Annos)
Subpart B. Sale and Distribution of Tobacco Products
§ 1126. Jurisdiction
The Justices of the Peace Court shall have jurisdiction over violations of this subpart, except in the instance of violations by a person who has not attained the age of 18, in which case the Family Court shall have jurisdiction.
CREDIT(S)
70 Laws 1996, ch. 318, § 4.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1127
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter V. Offenses Relating to Children and Vulnerable Adults (Refs & Annos)
Subpart B. Sale and Distribution of Tobacco Products
§ 1127. Pre-emption
The provisions of this subpart shall preempt and supersede any provisions of any municipal or county ordinance or regulation on the subject of this subpart enacted after June 30, 1996.
CREDIT(S)
70 Laws 1996, ch. 318, § 4.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1201
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VI. Offenses Against Public Administration
Subpart A. Bribery and Improper Influence
§ 1201. Bribery; class E felony
A person is guilty of bribery when:
(1) The person offers, confers or agrees to confer a personal benefit upon a public servant upon an agreement or understanding that the public servant's vote, opinion, judgment, action, decision or exercise of discretion as a public servant will thereby be influenced; or
(2) The person offers, confers or agrees to confer a personal benefit upon a public servant or party officer upon an agreement or understanding that some person will or may be appointed to a public office or designated or nominated as a candidate for public office; or
(3) The person offers, confers or agrees to confer a personal benefit upon a public servant for having violated a duty as a public servant.
Bribery is a class E felony.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 1201
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1202
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VI. Offenses Against Public Administration
Subpart A. Bribery and Improper Influence
§ 1202. Bribery; defense
In any prosecution for bribery under § 1201(1) of this title, it is a defense that the accused offered, conferred or agreed to confer the benefit upon the public servant as a result of conduct of the public servant constituting theft or coercion or an attempt to commit theft or coercion.
CREDIT(S)
58 Laws 1972, ch. 497, § 1.
Codifications: 11 Del.C. 1953, § 1202
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1203
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VI. Offenses Against Public Administration
Subpart A. Bribery and Improper Influence
§ 1203. Receiving a bribe; class E felony
(a) A public servant is guilty of receiving a bribe when the public servant solicits, accepts or agrees to accept a personal benefit from another person upon an agreement or understanding that the public servant's vote, opinion, judgment, action, decision or exercise of discretion as a public servant will thereby be influenced.
(b) A public servant or party officer is guilty of receiving a bribe when the public servant solicits, accepts or agrees to accept personal benefit from another person upon an agreement or understanding that some person will or may be appointed to a public office or designated or nominated as a candidate for public office.
(c) A public servant is guilty of receiving a bribe when the public servant solicits, accepts or agrees to accept a personal benefit from another person for having violated the public servant's duty as a public servant.
Receiving a bribe is a class E felony.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 1203
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1204
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VI. Offenses Against Public Administration
Subpart A. Bribery and Improper Influence
§ 1204. Theft or coercion no defense to receiving a bribe
It is no defense to a prosecution for receiving a bribe that the conduct charged to constitute the offense also constitutes theft or coercion.
CREDIT(S)
58 Laws 1972, ch. 497, § 1.
Codifications: 11 Del.C. 1953, § 1204
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1205
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VI. Offenses Against Public Administration
Subpart A. Bribery and Improper Influence
§ 1205. Giving unlawful gratuities; class A misdemeanor
A person is guilty of giving unlawful gratuities when the person knowingly offers, confers or agrees to confer any personal benefit upon a public servant for engaging in official conduct which the public servant is required or authorized to perform, and for which the public servant is not entitled to any special or additional compensation.
Giving unlawful gratuities is a class A misdemeanor.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 1205
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1206
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VI. Offenses Against Public Administration
Subpart A. Bribery and Improper Influence
§ 1206. Receiving unlawful gratuities; class A misdemeanor
A public servant is guilty of receiving unlawful gratuities when the public servant solicits, accepts or agrees to accept any personal benefit for engaging official conduct which the public servant is required or authorized to perform, and for which the public servant is not entitled to any special or additional compensation.
Receiving unlawful gratuities is a class A misdemeanor.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 1206
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1207
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VI. Offenses Against Public Administration
Subpart A. Bribery and Improper Influence
§ 1207. Improper influence; class A misdemeanor
A person is guilty of improper influence when:
(1) The person threatens unlawful harm to any person with intent to influence the latter's decision, opinion, recommendation, vote or other exercise of discretion as a public servant, party officer or voter; or
(2) The person threatens unlawful harm to any public servant or party officer with intent to influence that public servant or party officer to violate that public servant's or party officer's duty as a public servant or party officer.
Improper influence is a class A misdemeanor.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 1207
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1208
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VI. Offenses Against Public Administration
Subpart A. Bribery and Improper Influence
§ 1208. Defect in office no defense
It is no defense to a prosecution for improper influence that a person whom the accused sought to influence was not qualified to act in the desired way, whether because the person had not yet assumed office, or lacked jurisdiction or for any other reason.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 1208
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1209
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VI. Offenses Against Public Administration
Subpart A. Bribery and Improper Influence
§ 1209. Definitions relating to bribery and improper influence
As used in §§ 1201-1208 of this title:
(1) "Harm" means loss, disadvantage or injury, or anything so regarded by the person affected, including loss, disadvantage or injury to any other person in whose welfare the person is interested;
(2) "Party officer" means a person who holds any position or office in a political party, whether by election, appointment or otherwise;
(3) "Personal benefit" means gain or advantage to the recipient personally or anything regarded by the recipient as such gain or advantage, including gain or advantage conferred on the behalf or at the request of the person upon another person in whose welfare the person is interested but not a gain or advantage promised generally to a group or class of voters as a consequence of public measures which a candidate engages to support or oppose;
(4) "Public servant" means any officer or employee of the State or any political subdivision thereof, including legislators and judges, and any person participating as juror, advisor or consultant in performing a governmental function but the term does not include witnesses. This definition includes persons who are candidates for office or who have been elected to office but who have not yet assumed office.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 62 Laws 1979, ch. 109, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 1209
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1211
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VI. Offenses Against Public Administration
Subpart B. Abuse of Office
§ 1211. Official misconduct; class A misdemeanor
A public servant is guilty of official misconduct when, intending to obtain a personal benefit or to cause harm to another person:
(1) The public servant commits an act constituting an unauthorized exercise of official functions, knowing that the act is unauthorized; or
(2) The public servant knowingly refrains from performing a duty which is imposed by law or is clearly inherent in the nature of the office; or
(3) The public servant performs official functions in a way intended to benefit the public servant's own property or financial interests under circumstances in which the public servant's actions would not have been reasonably justified in consideration of the factors which ought to have been taken into account in performing official functions; or
(4) The public servant knowingly performs official functions in a way intended to practice discrimination on the basis of race, creed, color, sex, age, handicapped status or national origin.
Official misconduct is a class A misdemeanor.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 61 Laws 1978, ch. 327, § 1; 64 Laws 1983, ch. 48, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 1211
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1212
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VI. Offenses Against Public Administration
Subpart B. Abuse of Office
§ 1212. Profiteering; class A misdemeanor
A public servant is guilty of profiteering when, in contemplation of official action by the public servant or by a governmental entity with which the public servant is associated, or in reliance on information to which the public servant has access in an official capacity and which has not been made public:
(1) The public servant acquires a pecuniary interest in any property, transaction or enterprise which may be affected by the official action or information; or
(2) The public servant speculates or wagers on the basis of the official action or information; or
(3) The public servant aids another person to do any of the foregoing acts, intending to gain thereby a personal benefit.
Profiteering is a class A misdemeanor.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 1212
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1213
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VI. Offenses Against Public Administration
Subpart B. Abuse of Office
§ 1213. Definitions relating to abuse of office
In §§ 1211 and 1212 of this title, the definitions given in § 1209 of this title apply.
CREDIT(S)
58 Laws 1972, ch. 497, § 1.
Codifications: 11 Del.C. 1953, § 1213
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1221
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VI. Offenses Against Public Administration
Subpart C. Perjury and Related Offenses
§ 1221. Perjury in the third degree; class A misdemeanor
A person is guilty of perjury in the third degree when the person swears falsely.
Perjury in the third degree is a class A misdemeanor.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 1221
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1222
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VI. Offenses Against Public Administration
Subpart C. Perjury and Related Offenses
§ 1222. Perjury in the second degree; class F felony
A person is guilty of perjury in the second degree when the person swears falsely and when the false statement is:
(1) Made in a written instrument for which an oath is required by law; and
(2) Made with intent to mislead a public servant in the performance of official functions; and
(3) Material to the action, proceeding or matter involved.
Perjury in the second degree is a class F felony.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 1222
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1223
Effective:[See Text Amendments]
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Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VI. Offenses Against Public Administration
Subpart C. Perjury and Related Offenses
§ 1223. Perjury in the first degree; class D felony
A person is guilty of perjury in the first degree when the person swears falsely and when the false statement consists of testimony and is material to the action, proceeding or matter in which it is made.
Perjury in the first degree is a class D felony.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 1223
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1224
Effective: July 2, 2010
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
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Chapter 5. Specific Offenses
Subchapter VI. Offenses Against Public Administration
Subpart C. Perjury and Related Offenses
§ 1224. Definition of "swears falsely"
A
person "swears falsely" when the person intentionally makes a false statement or
affirms the truth of a false statement previously made, knowing it to be false
or not believing it to be true, while giving testimony or under oath in a
written instrument or in an unsworn declaration made pursuant to Chapter 53A of
Title 10. A false swearing in a written instrument is not complete until the
instrument is delivered by its maker, or by someone acting in the maker's
behalf, to another person with intent that it be uttered or published as true. A
person who gives an oral and/
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 76 Laws 2008, ch. 193, § 1, eff. Mar. 20, 2008; 77 Laws 2010, ch. 332, § 2, eff. July 2, 2010.
Codifications: 11 Del.C. 1953, § 1224
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1225
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VI. Offenses Against Public Administration
Subpart C. Perjury and Related Offenses
§ 1225. Inconsistent statements under oath; no need to prove one false; framing indictment; proof of irreconcilable inconsistency; conviction of lesser offense
When a person has made 2 statements under oath which are inconsistent to the degree that 1 of them is necessarily false, and the circumstances are such that each statement, if false, is perjurious, the inability of the prosecution to establish specifically which of the 2 statements is the false one does not preclude a prosecution for perjury. The prosecution may be conducted as follows:
(1) The indictment or information may set forth the 2 statements and, without designating either, charge that 1 of them is false and perjurious.
(2) The falsity of one or the other of the 2 statements may be established by proof of their irreconcilable inconsistency. Such proof is sufficient to establish a prima facie case of falsity.
(3) If perjury of different degrees would be established by the making of the 2 statements, hypothetically assuming that each is false and perjurious, the defendant may be convicted of the lesser degree at most.
CREDIT(S)
58 Laws 1972, ch. 497, § 1.
Codifications: 11 Del.C. 1953, § 1225
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1231
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VI. Offenses Against Public Administration
Subpart C. Perjury and Related Offenses
§ 1231. Retraction of false statement as affirmative defense
In any prosecution for perjury, it is an affirmative defense that the accused retracted the false statement in the course of the proceeding in which it was made, before the false statement substantially affected the proceeding and before it became manifest that its falsity was or would be exposed.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 1231
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1232
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VI. Offenses Against Public Administration
Subpart C. Perjury and Related Offenses
§ 1232. Perjury; no defense
It is no defense to a prosecution for perjury that:
(1) The accused was not competent under the relevant rules of evidence to make the false statement alleged; or
(2) The accused mistakenly believed the false statement to be immaterial; or
(3) The oath was administered or taken in an irregular manner; or
(4) A document purporting to be made upon oath and uttered or published as so made by the accused was not in fact made under oath; or
(5) The court in which the acts constituting the offense were committed lacked jurisdiction over the person of the accused or over the subject matter.
CREDIT(S)
58 Laws 1972, ch. 497, § 1.
Codifications: 11 Del.C. 1953, § 1232
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1233
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VI. Offenses Against Public Administration
Subpart C. Perjury and Related Offenses
§ 1233. Making a false written statement; class A misdemeanor
A person is guilty of making a false written statement when the person makes a false statement which the person knows to be false or does not believe to be true in a written instrument bearing a notice, authorized by law, to the effect that false statements therein are punishable.
Making a false written statement is a class A misdemeanor.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 1233
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1234
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VI. Offenses Against Public Administration
Subpart C. Perjury and Related Offenses
§ 1234. Corroboration of testimony of perjury or false written statement
In any prosecution for perjury or making a false written statement, falsity of a statement may not be established by the uncorroborated testimony of a single witness. Corroboration may be made by circumstantial evidence.
CREDIT(S)
58 Laws 1972, ch. 497, § 1.
Codifications: 11 Del.C. 1953, § 1234
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1235
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VI. Offenses Against Public Administration
Subpart C. Perjury and Related Offenses
§ 1235. Perjury and related offenses; definitions
(a) A statement is "material" when, regardless of its admissibility under the rules of evidence, it could have affected the course or outcome of the proceeding.
(b) "Oath" includes an affirmation and every other mode authorized by law of attesting the truth of that which is stated.
(c) An affidavit, deposition or other written instrument is one for which an "oath is required by law" when, absent an oath, it does not or would not, according to statute or appropriate regulatory provisions, have legal efficacy in a court of law or before any public or governmental body, agency or public servant to whom it is or might be submitted.
(d) "Public servant" has the meaning given in § 1209(4) of this title.
(e) "Swear" means to state under oath.
(f) "Testimony" means an oral statement made under oath in a proceeding before any court, body, agency, public servant or other person authorized to conduct the proceeding and to administer the oath or cause it to be administered.
CREDIT(S)
58 Laws 1972, ch. 497, § 1.
Codifications: 11 Del.C. 1953, § 1235
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1239
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VI. Offenses Against Public Administration
Subpart D. Offenses Involving Obstruction of Governmental Operations
§ 1239. Wearing a disguise during the commission of a felony; class E felony
(a) A person who wears a hood, mask or other disguise during the commission of any felony is guilty of wearing a disguise during the commission of a felony. Wearing a disguise during the commission of a felony is a class E felony.
(b) A person may be found guilty of violating this section notwithstanding that the felony for which the person is convicted during which the person was wearing a disguise is a lesser included felony of the one originally charged.
CREDIT(S)
70 Laws 1996, ch. 372, § 1, eff. June 21, 1996.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1240
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VI. Offenses Against Public Administration
Subpart D. Offenses Involving Obstruction of Governmental Operations
§ 1240. Terroristic threatening of public officials or public servants; class G felony
(a) A person is guilty of terroristic threatening of a public official or public servant when the person threatens to commit any crime likely to result in death or in serious injury to a public official or public servant during or because of the public official's or public servant's exercise of the official's or servant's official functions.
(b) "Public official or public servant" includes any elected official, appointed official, officer or employee of the State or any political subdivision thereof, any judge or other judicial officer, any person participating as a juror, or any person acting as an advisor, contractor or consultant in performing a governmental function. ‘‘Public official or public servant" shall include persons who are candidates for office or who have been elected to office, but who have not yet assumed office. For the purposes of this section ‘‘public official or public servant’’ also includes any person who formerly held a position as a public official or public servant.
(c) Terroristic threatening of a public official or public servant is a class G felony.
CREDIT(S)
Added by 70 Laws 1996, ch. 551, § 1, eff. July 18, 1996. Amended by 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 71 Laws 1997, ch. 176, § 13; 74 Laws 2003, ch. 31, § 1, eff. May 15, 2003.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1241
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VI. Offenses Against Public Administration
Subpart D. Offenses Involving Obstruction of Governmental Operations
§ 1241. Refusing to aid a police officer; class B misdemeanor
A person is guilty of refusing to aid a police officer when, upon command by a police officer identifiable or identified by the officer as such, the person unreasonably fails or refuses to aid the police officer in effecting an arrest, or in preventing the commission by another person of any offense.
Refusing to aid a police officer is a class B misdemeanor.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 1241
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1242
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VI. Offenses Against Public Administration
Subpart D. Offenses Involving Obstruction of Governmental Operations
§ 1242. Limitation of civil liability for aiding a police officer
(a) A person who complies with § 1241 of this title by aiding a police officer, upon command, to affect an arrest or prevent the commission of an offense, shall not be held liable to any person for any damages resulting therefrom; provided, that the person employs means which would have been employed by a reasonable person under the circumstances known to the person at the time.
(b) A duly licensed physician, medical technician or registered nurse requested to withdraw blood from a person by a police officer so as to prevent the loss of evidence of blood alcohol content or the presence of drugs in the blood stream, and a hospital employing such physician, technician or nurse shall not be liable for civil damages for any acts or omissions arising out of the taking of such sample, or the reporting of the results to law-enforcement officials.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 63 Laws 1981, ch. 88, § 7; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 1242
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1243
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VI. Offenses Against Public Administration
Subpart D. Offenses Involving Obstruction of Governmental Operations
§ 1243. Obstructing fire-fighting operations; class A misdemeanor
A person is guilty of obstructing fire-fighting operations when the person intentionally and unreasonably obstructs the efforts of any firefighter in extinguishing a fire, or prevents or dissuades another person from extinguishing or helping to extinguish a fire.
Obstructing fire-fighting operations is a class A misdemeanor.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 1243
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1244
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VI. Offenses Against Public Administration
Subpart D. Offenses Involving Obstruction of Governmental Operations
§ 1244. Hindering prosecution; class A misdemeanor
(a) A person is guilty of hindering prosecution when, with intent to prevent, hinder or delay the discovery or apprehension of, or the lodging of a criminal charge against, a person whom the person accused of hindering prosecution knows has committed acts constituting a crime, or is being sought by law-enforcement officers for the commission of a crime, the person accused of hindering prosecution:
(1) Harbors or conceals the person; or
(2) Warns the person of impending discovery or apprehension; or
(3) Provides the person with money, transportation, weapon, disguise or other means of avoiding discovery or apprehension; or
(4) Prevents or obstructs, by means of force, intimidation or deception, anyone from performing an act which might aid in the discovery or apprehension of the person or in the lodging of a criminal charge against the person; or
(5) Suppresses, by an act of concealment, alteration or destruction, any physical evidence which might aid in the discovery or apprehension of the person or in the lodging of a criminal charge against the person; or
(6) Aids the person to protect or profit expeditiously from an advantage derived from the person's crime.
(b) Hindering prosecution is a class G felony if the person commits any of the acts set forth in subsection (a) of this section with intent to prevent, hinder or delay the discovery or apprehension of, or the lodging of a criminal charge against, a person whom that person knows committed acts constituting a felony, or is being sought by law-enforcement officers for the commission of a felony.
(c) Hindering prosecution is a class A misdemeanor if the person commits any of the acts set forth in subsection (a) of this section with intent to prevent, hinder or delay the discovery or apprehension of, or the lodging of a criminal charge against, a person whom that person knows committed acts constituting a crime other than a felony, or is being sought by law-enforcement officers for the commission of a crime other than a felony.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 52, §§ 1, 2, eff. June 12, 1995; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 1244
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1245
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VI. Offenses Against Public Administration
Subpart D. Offenses Involving Obstruction of Governmental Operations
§ 1245. Falsely reporting an incident; class A misdemeanor
A person is guilty of falsely reporting an incident when, knowing the information reported, conveyed or circulated is false or baseless, the person:
(1) Initiates or circulates a false report or warning of or impending occurrence of a fire, explosion, crime, catastrophe or emergency under circumstances in which it is likely that public alarm or inconvenience will result or that fire-fighting apparatus, ambulance or a rescue vehicle might be summoned; or
(2) Reports, by word or action, to any official or quasi-official agency or organization having the function of dealing with emergencies involving danger to life or property, an alleged occurrence or impending occurrence of a fire, explosion or other catastrophe or emergency which did not in fact occur or does not in fact exist; or
(3) Reports to a law-enforcement officer or agency:
a. The alleged occurrence of an offense or incident which did not in fact occur; or
b. An allegedly impending occurrence of an offense or incident which is not in fact about to occur; or
c. False information relating to an actual offense or incident or to the alleged implication of some person therein; or
d. The alleged abduction of a child which would generate the activation of a state-wide and interstate alert response and law enforcement broadcast when such abduction has not, in fact, occurred.
(4) Without just cause, calls or summons by telephone, fire alarm system or otherwise, any fire-fighting apparatus, ambulance or rescue truck.
Falsely
reporting an incident is a class A misdemeanor, unless the defendant has
violated this section previously, in which case it shall be a class G felony. In
addition to the penalties otherwise authorized by law, any person convicted of
an offense in violation of this section shall pay a fine of not less than $500,
or less than $1,000 for a violation of paragraph (3)d. of this section, which
fine cannot be suspended and be sentenced to perform a minimum of 100 hours of
community service, and shall be required to reimburse the State, or other
responding or other investigating governmental agency, for any expenses expended
in the investigation and/
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 59 Laws 1974, ch. 469, § 1; 60 Laws 1976, ch. 542, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 70 Laws 1996, ch. 412, § 1, eff. June 30, 1996; 73 Laws 2001, ch. 87, § 1, eff. June 30, 2001; 73 Laws 2002, ch. 255, § 2, eff. May 9, 2002; 75 Laws 2005, ch. 86, §§ 1, 2, eff. June 30, 2005.
Codifications: 11 Del.C. 1953, § 1245
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1245A
Effective: June 28, 2012
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
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Chapter 5. Specific Offenses
Subchapter VI. Offenses Against Public Administration
Subpart D. Offenses Involving Obstruction of Governmental Operations
§ 1245A. Providing a false statement to law-enforcement; class G felony; class A misdemeanor
(a) A person is guilty of providing a false statement to law enforcement when, with intent to prevent, hinder or delay the investigation of any crime or offense by a law-enforcement officer or agency, the person knowingly provides any false written or oral statement to the law-enforcement officer or agency when such statement is material to the investigation.
(b) As used in this section:
(1) A "statement" is any oral or written assertion and includes, but is not limited to, any oral utterance, any written document or instrument, any computer-generated document or instrument, any police report, or any representation that a person makes under circumstances evidencing an intent that such be used or knowledge that a law-enforcement officer or agency may use such as an assertion of fact.
(2) A statement is "false" when such statement contains untrue, incomplete or misleading information concerning any fact or thing material to the investigation of a crime or offense by a law-enforcement officer or agency.
(3) A statement is "material" when, regardless of its eventual use or admissibility in an official proceeding, it could have affected the course or outcome of the investigation of a crime or offense by a law-enforcement officer or agency.
(4) An "official proceeding" includes any action or proceeding conducted by or before a legally constituted judicial, administrative or other governmental agency or official, in which evidence or testimony of witnesses may properly be received.
(c) Providing a false statement to law-enforcement is a class G felony if the crime or offense being investigated is a felony.
(d) Providing a false statement to law-enforcement is a class A misdemeanor if the crime or offense being investigated is other than a felony.
CREDIT(S)
Added by 78 Laws 2012, ch. 283, § 1, eff. June 28, 2012.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1246
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VI. Offenses Against Public Administration
Subpart D. Offenses Involving Obstruction of Governmental Operations
§ 1246. Compounding a crime; class A misdemeanor
A person is guilty of compounding a crime when:
(1) The person solicits, accepts or agrees to accept any benefit from a person upon any representation or pretense that criminal prosecution of such person shall be dropped, withheld or abandoned, or the sentence thereon reduced, or upon any promise to assert pretended influence to cause such criminal prosecution to be dropped, withheld or abandoned or the sentence thereon reduced; or
(2) The person offers, confers or agrees to confer any benefit upon another person upon an agreement or understanding that the other person will refrain from initiating a prosecution for a crime.
Compounding a crime is a class A misdemeanor.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 1246
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1247
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VI. Offenses Against Public Administration
Subpart D. Offenses Involving Obstruction of Governmental Operations
§ 1247. Defense to compounding a crime
In any prosecution for compounding a crime, it is an affirmative defense that the benefit did not exceed the amount which the accused believed to be due as restitution or indemnification for harm caused by the crime.
CREDIT(S)
58 Laws 1972, ch. 497, § 1.
Codifications: 11 Del.C. 1953, § 1247
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1248
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VI. Offenses Against Public Administration
Subpart D. Offenses Involving Obstruction of Governmental Operations
§ 1248. Obstructing the control and suppression of rabies
(a) A person is guilty of obstructing the control and suppression of rabies when the person violates any lawful order of authorized state employees, or their agents, in the enforcement of laws to control and suppress rabies, pursuant to Chapter 82 of Title 3, or prevents or dissuades another person from complying with such orders.
(b) Obstructing the control and suppression of rabies is a Class B misdemeanor. However, obstructing the control and suppression of rabies in a place and at a time when a state of emergency with respect to rabies has been declared pursuant to § 8211 of Title 3 is a class E felony.
CREDIT(S)
66 Laws 1988, ch. 247, § 2; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1249
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VI. Offenses Against Public Administration
Subpart D. Offenses Involving Obstruction of Governmental Operations
§ 1249. Abetting the violation of driver's license restrictions
(a) It shall be unlawful for any person to blow into an ignition interlock device, or to start a motor vehicle equipped with such a device, for the purpose of providing an operable motor vehicle to a person whose driving privilege is restricted.
(b) It shall be unlawful for any person to request or solicit any other person to blow into an ignition interlock device, or to start a motor vehicle equipped with such device, for the purpose of providing an operable motor vehicle to a person whose driving privilege is restricted.
(c) It shall be unlawful to tamper with, or to circumvent the operation of, any ignition interlock device.
(d) A violation of this section shall be a class A misdemeanor; provided, however, that a second or subsequent conviction of a violation of this section shall be a class G felony. Where a person violates this section, and such violation is a direct cause of the subsequent death of any person, such violation of this section shall be a class G felony. The Superior Court shall have jurisdiction over all violations of this section.
CREDIT(S)
67 Laws 1990, ch. 437, § 5; 68 Laws 1991, ch. 125, § 6; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 70 Laws 1996, ch. 353, § 1.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1250
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VI. Offenses Against Public Administration
Subpart D. Offenses Involving Obstruction of Governmental Operations
§ 1250. Offenses against law-enforcement animals
(a) Harassment of law-enforcement animals.--
(1) A person is guilty of harassment of a law-enforcement animal when such person intentionally harasses, taunts, menaces, challenges or alarms a law-enforcement animal in such a manner as is likely to provoke from such animal a violent, defensive or threatening response, such as lunging, baring of teeth, kicking, spinning or jumping, if such response from the animal causes alarm, distress, fear or risk of injury to any person or to the animal.
(2) Harassment of a law-enforcement animal is an unclassified misdemeanor.
(b) Assault in the second degree against a law-enforcement animal.--
(1) A person is guilty of assault in the second degree against a law-enforcement animal when such person intentionally or recklessly engages in conduct which creates a substantial risk of physical injury or death to a law-enforcement animal, including, but not limited to, beating, poisoning or torturing such animal.
(2) Assault in the second degree against a law-enforcement animal is a class A misdemeanor.
(c) Assault in the first degree against a law-enforcement animal.--
(1) A person is guilty of assault in the first degree against a law-enforcement animal when such person intentionally or recklessly causes serious physical injury or death to such law-enforcement animal.
(2) Assault in the first degree against a law-enforcement animal is a class D felony.
(d) "Law-enforcement animal" defined.--For purposes of this section, the words "law-enforcement animal" shall mean any animal, including, but not limited to, canines, K-9 dogs and horses utilized by any law-enforcement officer, including any corrections officer, in the performance of such officer's duties.
CREDIT(S)
68 Laws 1991, ch. 116, § 2; 70 Laws 1995, ch. 54, § 1, eff. June 13, 1995.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1251
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VI. Offenses Against Public Administration
Subpart E. Escape and Other Offenses Relating to Custody
§ 1251. Escape in the third degree; class A misdemeanor
A person is guilty of escape in the third degree when the person escapes from custody, including placement in nonsecure facilities by the Division of Youth Rehabilitative Services.
Escape in the third degree is a class A misdemeanor.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 71 Laws 1997, ch. 93, § 1, eff. June 30, 1997.
Codifications: 11 Del.C. 1953, § 1251
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1252
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VI. Offenses Against Public Administration
Subpart E. Escape and Other Offenses Relating to Custody
§ 1252. Escape in the second degree; class G felony
A person is guilty of escape in the second degree when the person escapes from a detention facility or from the custody of the Department of Health and Social Services or the Department of Correction.
Escape in the second degree is a class G felony.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 59 Laws 1974, ch. 547, § 8; 63 Laws 1981, ch. 168, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 1252
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1253
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VI. Offenses Against Public Administration
Subpart E. Escape and Other Offenses Relating to Custody
§ 1253. Escape after conviction; class B felony; class C felony; class D felony
A person shall be guilty of escape after conviction if such person, after entering a plea of guilty or having been convicted by the court, escapes from a detention facility or other place having custody of such person or from the custody of the Department of Health and Social Services or the Department of Correction.
Escape after conviction shall be a class D felony; provided, however, that if the defendant uses force or the threat of force against another person or possesses a deadly weapon at the time of escape, it shall be a class C felony. If the defendant inflicts injury upon another person during the escape or from the time of escape until such person is again in custody, it shall be a class B felony. Any sentence imposed upon conviction of escape after conviction shall not run concurrently with any other sentence.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 59 Laws 1974, ch. 547, § 8; 63 Laws 1981, ch. 168, § 2; 67 Laws 1989, ch. 130, § 8; 67 Laws 1990, ch. 350, § 36; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 74 Laws 2003, ch. 67, § 1, eff. June 24, 2003.
Codifications: 11 Del.C. 1953, § 1253
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1254
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VI. Offenses Against Public Administration
Subpart E. Escape and Other Offenses Relating to Custody
§ 1254. Assault in a detention facility; penalty; class B and class D felony
(a) Any person who, being confined in a detention facility, intentionally causes physical injury to a correctional officer, other state employee of a detention facility acting in the lawful performance of duties, any other person confined in a detention facility or any other person at a detention facility or other place having custody of such person shall be guilty of a class D felony.
Notwithstanding Chapter 45 of this title, any person convicted for a violation of this subsection shall be imprisoned for a mandatory minimum period of 2 years which shall commence upon final judgment of conviction. Such sentence shall not be suspended nor shall the defendant be eligible for parole or probation.
(b) Any person who, being confined in a detention facility, intentionally causes serious physical injury to a correctional officer, other state employee of a detention facility acting in the lawful performance of duties, any other person confined in a detention facility or any other person at a detention facility or other place having custody of such person shall be guilty of a class B felony.
Notwithstanding Chapter 45 of this title, any person convicted for a violation of this subsection shall be imprisoned for a mandatory minimum period of 3 years which shall commence upon final judgment of conviction. Such sentence shall not be suspended nor shall the defendant be eligible for parole or probation.
(c) Any person who, being confined in a detention facility, intentionally strikes with urine, feces or other bodily fluid a correctional officer or other State employee of a detention facility acting in the lawful performance of duties or any other person at a detention facility or other place having custody of such person, other than another person confined at a detention facility shall be guilty of a class D felony.
Notwithstanding Chapter 45 of this title, any person convicted for a violation of this subsection shall be imprisoned for a mandatory minimum period of 1 year, which shall commence upon final conviction. Such sentence shall not be suspended nor shall the defendant be eligible for parole or probation.
When charged with a violation of this subsection, the defendant shall be tested for diseases transmittable through bodily fluids, the cost of such tests to be assessed as costs upon conviction. The results of such tests shall be provided only to the Attorney General, the victim of the assault, the defendant and the Department's medical care provider.
(d) The execution and operation of the sentence for any other crime causing such original confinement shall, upon the commencement of the sentence for a violation of this section, be placed in suspension, to be continued only after completion of the sentence for the violation of this section.
CREDIT(S)
59 Laws 1974, ch. 247, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 71 Laws 1997, ch. 88, §§ 1 to 3, eff. June 26, 1997; 72 Laws 1999, ch. 12, §§ 1 to 3, eff. April 12, 1999.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1256
Effective: July 16, 2008
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VI. Offenses Against Public Administration
Subpart E. Escape and Other Offenses Relating to Custody
§ 1256. Promoting prison contraband; class F felony; class A misdemeanor
A person is guilty of promoting prison contraband when:
(1) The person knowingly and unlawfully introduces any contraband into a detention facility; or
(2) The person possesses with intent to deliver any contraband to any person confined within a detention facility; or
(3) Being a person confined in a detention facility, the person knowingly and unlawfully makes, obtains or possesses any contraband.
Promoting prison contraband is a class A misdemeanor except that if the prison contraband is a deadly weapon or any mobile, phone, cellular telephone, or other prohibited electronic device of any kind, it is a class F felony.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 76 Laws 2008, ch. 367, § 1, eff. July 16, 2008.
Codifications: 11 Del.C. 1953, § 1256
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1257
Effective: May 18, 2010
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VI. Offenses Against Public Administration
Subpart E. Escape and Other Offenses Relating to Custody
§ 1257. Resisting arrest with force or violence, class G felony; resisting arrest, class A misdemeanor
(a) A person is guilty of resisting arrest with force or violence when:
(1) The person intentionally prevents or attempts to prevent a peace officer from effecting an arrest or detention of the person or another person by use of force or violence towards said peace officer, or
(2) Intentionally flees from a peace officer who is effecting an arrest against them by use of force or violence towards said peace officer, or
(3) Injures or struggles with said peace officer causing injury to the peace officer.
Resisting arrest with force or violence is a class G felony.
(b) A person is guilty of resisting arrest when the person intentionally prevents or attempts to prevent a peace officer from effecting an arrest or detention of the person or another person or intentionally flees from a peace officer who is effecting an arrest.
Resisting arrest is a class A misdemeanor.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 75 Laws 2006, ch. 310, §§ 1 to 3, eff. June 27, 2006; 77 Laws 2010, ch. 266, § 1, eff. May 18, 2010.
Codifications: 11 Del.C. 1953, § 1257
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1257A
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VI. Offenses Against Public Administration
Subpart E. Escape and Other Offenses Relating to Custody
§ 1257A. Use of an animal to avoid capture, class G felony; "class A misdemeanor"
(a) A person is guilty of using an animal to avoid capture when, with the intent to prevent, hinder or delay the apprehension of a wanted person, including themselves, they release any animal against a law-enforcement or other authorized person to make arrests under Delaware law.
(b) Use of an animal to avoid capture is a class G felony:
(1) If the person commits any of the acts set forth in subsection (a) of this section with intent to prevent, hinder or delay the discovery or apprehension of, or the lodging of a criminal charge against, a person whom that person knows committed acts constituting a felony, or is being sought by law-enforcement officers for the commission of a felony, or
(2) If the animal injures the law-enforcement officer.
(c) Use of an animal to avoid capture is a class A misdemeanor if the person commits any of the acts set forth in subsection (a) of this section with intent to prevent, hinder or delay the discovery or apprehension of, or the lodging of a criminal charge against, a person whom that person knows committed acts constituting a crime other than a felony, or is being sought by law-enforcement officers for the commission of a crime other than a felony.
CREDIT(S)
71 Laws 1998, ch. 248, § 1, eff. Feb. 11, 1998.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1258
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VI. Offenses Against Public Administration
Subpart E. Escape and Other Offenses Relating to Custody
§ 1258. Escape and offenses relating to custody; definitions
As used in §§ 1251-1257 of this title:
(1) "Contraband" means any intoxicating liquor or drug prohibited under Chapter 47 of Title 16, except as prescribed by a physician for medical treatment, any money without the knowledge or consent of the Department of Health and Social Services, any deadly weapon or part thereof or any instrument or article which may be used to effect an escape.
(2) "Custody" means restraint by a public servant pursuant to an arrest, detention or an order of a court.
(3) "Detention facility" means any place used for the confinement of a person:
a. Charged with or convicted of an offense; or
b. Charged with being a delinquent child as defined in § 901 of Title 10; or
c. Held for extradition or as a material witness; or
d. Otherwise confined pursuant to an order of a court.
(4) "Escape" means departure from the place in which the actor is held or detained with knowledge that such departure is unpermitted.
(5) "Other place having custody of such person" includes, but is not limited to, any building, facility, structure, vehicle or property in which a person may be placed while in custody, whether temporarily or permanently and regardless of whether such building, facility, structure, vehicle or property is owned or controlled by the Department of Correction or any other state agency.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 72 Laws 1999, ch. 12, § 4, eff. April 12, 1999.
Codifications: 11 Del.C. 1953, § 1258
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1259
Effective: April 9, 2010
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VI. Offenses Against Public Administration
Subpart E. Escape and Other Offenses Relating to Custody
§ 1259. Sexual relations in detention facility; class G felony
A person is guilty of sexual relations in a detention facility when, being an employee working at a detention facility, a contractor or employee of a contractor at a detention facility, or a volunteer at a detention facility, the person engages in consensual sexual intercourse or sexual penetration with a person in custody on the premises of a detention facility. Violation of this section shall be a class G felony.
CREDIT(S)
62 Laws 1980, ch. 282, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 77 Laws 2010, ch. 241, § 1, eff. April 9, 2010.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1260
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VI. Offenses Against Public Administration
Subpart E. Escape and Other Offenses Relating to Custody
§ 1260. Misuse of prisoner mail; class A misdemeanor; class G felony
A person is guilty of misuse of prisoner mail when being a person in custody in a State detention facility, or in the custody of the Department of Health and Social Services or the Department of Correction, that person intentionally:
(1) Communicates by mail with a person not in custody in a manner which the person in custody knows is likely to cause inconvenience, annoyance or alarm; or
(2) Designates a written communication as legal mail knowing that said written communication is wholly unrelated to any actual or potential legal matter or to the administration of justice.
Misuse of prisoner mail is a class A misdemeanor unless the person has previously been convicted under this section, in which case it is a class G felony.
CREDIT(S)
70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 70 Laws 1996, ch. 480, § 1, eff. July 10, 1996.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1261
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VI. Offenses Against Public Administration
Subpart F. Offenses Relating to Judicial and Similar Proceedings
§ 1261. Bribing a witness; class E felony
A person is guilty of bribing a witness when the person offers, confers or agrees to confer any benefit upon a witness or a person about to be called as a witness in any official proceeding upon an agreement or understanding that:
(1) The testimony of the witness will thereby be influenced; or
(2) The witness will be absent from, or otherwise avoid or seek to avoid appearing or testifying at, the official proceeding.
Bribing a witness is a class E felony.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 1261
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1262
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VI. Offenses Against Public Administration
Subpart F. Offenses Relating to Judicial and Similar Proceedings
§ 1262. Bribe receiving by a witness; class E felony
A witness or a person about to be called as a witness in any official proceeding is guilty of bribe receiving by a witness when the witness solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that:
(1) The witness's testimony will thereby be influenced; or
(2) The witness will be absent from, or otherwise avoid or seek to avoid appearing or testifying at, the official proceeding.
Bribe receiving by a witness is a class E felony.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 1262
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1263
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VI. Offenses Against Public Administration
Subpart F. Offenses Relating to Judicial and Similar Proceedings
§ 1263. Tampering with a witness; class E felony
A person is guilty of tampering with a witness when:
(1) The person knowingly induces, influences or impedes any witness or victim by false statement, fraud or deceit, with intent to affect the testimony or availability of such witness; or
(2) The person intentionally causes physical injury to any party or witness or intentionally damages the property of any party or witness on account of past, present or future attendance at any court proceeding or official proceeding of this State or on account of past, present, or future testimony in any action pending therein; or
(3) The person knowingly intimidates a witness or victim under circumstances set forth in subchapter III of Chapter 35 of this title.
Tampering with a witness is a class E felony.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 63 Laws 1981, ch. 20, § 1; 63 Laws 1982, ch. 275, §§ 1, 2; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 1263
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1263A
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VI. Offenses Against Public Administration
Subpart F. Offenses Relating to Judicial and Similar Proceedings
§ 1263A. Interfering with child witness
(a) A person commits an offense if, intending to interfere with or prevent the prosecution of any person, the person intentionally or knowingly:
(1) Removes a child from the county of residence of the child knowing that the child is or is likely to become a witness in a criminal case in the county of residence; or
(2) Refuses or fails to produce a child in the person's custody before a court in which there is pending a criminal case in which the child is a witness; or
(3) Confers or offers or agrees to confer a benefit on another person in order to:
a. Cause a child to be removed from the county of residence of the child, knowing the child is or is likely to become a witness in a criminal case in the county of residence; or
b. Cause a person in custody of a child to refuse or fail to produce the child before a court in which there is pending a criminal case in which the child is a witness; or
(4) Harms or threatens to harm another person in order to:
a. Cause a child to be removed from the county of residence, knowing the child is or is likely to become a witness in a criminal case in the county of residence; or
b. Cause a person in custody of a child to refuse to produce the child before a court in which there is pending a criminal case in which the child is a witness.
(b) For purposes of this section:
(1) The county of residence of a child is the county in which the child resides at the time of the commission of the offense being prosecuted in the criminal case in which the child is a witness;
(2) A child is in the custody of a person if the person is the parent or guardian of the child, is acting in loco parentis to the child or exercises control over the location or supervision of the child; and
(3) A criminal case is pending in a court if an indictment, information or complaint in the case has been filed with or presented to the court.
(c) "Witness" as used in this section means any natural person:
(1) Having knowledge of the existence or nonexistence of facts relating to any crime; or
(2) Whose declaration under oath is received, or has been received, as evidence for any purpose; or
(3) Who has reported any crime to any peace officer, prosecuting agency, law-enforcement officer, probation officer, parole officer, correctional officer or judicial official; or
(4) Who has been served personally or through a parent, guardian, person acting in loco parentis or other custodian, with a subpoena issued under the authority of any court of this State, or any other state or of the United States; or
(5) Who would be believed by any reasonable person to be an individual described in any paragraph of this subsection.
An offense under paragraph (a)(2), (a)(3)b. or (a)(4)b. of this section is a class E felony.
An offense under paragraph (a)(1), (a)(3)a. or (a)(4)a. of this section is a class G felony unless the child is a complaining witness, in which event the offense is a class F felony.
CREDIT(S)
65 Laws 1985, ch. 110, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1264
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VI. Offenses Against Public Administration
Subpart F. Offenses Relating to Judicial and Similar Proceedings
§ 1264. Bribing a juror; class E felony
A person is guilty of bribing a juror when the person offers, confers or agrees to confer any benefit upon a juror upon an agreement or understanding that the juror's vote, opinion, judgment, decision or other action as a juror will thereby be influenced.
Bribing a juror is a class E felony.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 1264
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1265
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VI. Offenses Against Public Administration
Subpart F. Offenses Relating to Judicial and Similar Proceedings
§ 1265. Bribe receiving by a juror; class E felony
A juror is guilty of bribe receiving by a juror when the juror solicits, accepts or agrees to accept any benefit from another person upon agreement or understanding that the juror's vote, opinion, judgment, decision or other action as a juror will thereby be influenced.
Bribe receiving by a juror is a class E felony.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 1265
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1266
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VI. Offenses Against Public Administration
Subpart F. Offenses Relating to Judicial and Similar Proceedings
§ 1266. Tampering with a juror; class A misdemeanor
A person is guilty of tampering with a juror when:
(1) With intent to influence the outcome of an official proceeding, the person communicates with a juror in the proceeding, except as permitted by the rules of evidence governing the proceeding; or
(2) In relation to an official proceeding pending or about to be brought before the juror, the person offers, negotiates, confers or agrees to confer any payment or benefit to the juror or to a third person in consideration for supplying any information depicting the juror's service.
For purposes of this section, a juror shall be any person who has received notice of summons to appear for jury service.
Tampering with a juror is a class A misdemeanor.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 71 Laws 1997, ch. 158, § 1, eff. July 9, 1997.
Codifications: 11 Del.C. 1953, § 1266
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1267
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VI. Offenses Against Public Administration
Subpart F. Offenses Relating to Judicial and Similar Proceedings
§ 1267. Misconduct by a juror; class A misdemeanor
A person is guilty of misconduct by a juror when, in relation to an official proceeding pending or about to be brought before the juror:
(1) The juror agrees to give a vote, opinion, judgment decision or report for or against any party to the action or proceeding, or
(2) The juror solicits, negotiates, accepts or agrees to accept any payment or benefit for himself or herself for a third person in consideration for supplying any information depicting the juror's service.
For purposes of this section, a juror shall be any person who has received notice of summons to appear for jury service.
Misconduct by a juror is a class A misdemeanor.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 71 Laws 1998, ch. 323, § 1, eff. June 29, 1998.
Codifications: 11 Del.C. 1953, § 1267
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1268
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VI. Offenses Against Public Administration
Subpart F. Offenses Relating to Judicial and Similar Proceedings
§ 1268. Communications between jurors not tampering or misconduct
Nothing in § 1266 or § 1267 of this title applies to communications between jurors in the same proceeding with regard to matters admitted as evidence in the proceeding.
CREDIT(S)
58 Laws 1972, ch. 497, § 1.
Codifications: 11 Del.C. 1953, § 1268
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1269
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VI. Offenses Against Public Administration
Subpart F. Offenses Relating to Judicial and Similar Proceedings
§ 1269. Tampering with physical evidence; class G felony
A person is guilty of tampering with physical evidence when:
(1) Intending that it be used or introduced in an official proceeding or a prospective official proceeding the person:
a. Knowingly makes, devises, alters or prepares false physical evidence; or
b. Produces or offers false physical evidence at a proceeding, knowing it to be false; or
(2) Believing that certain physical evidence is about to be produced or used in an official proceeding or a prospective official proceeding, and intending to prevent its production or use, the person suppresses it by any act of concealment, alteration or destruction, or by employing force, intimidation or deception against any person.
Tampering with physical evidence is a class G felony.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 1269
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1271
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VI. Offenses Against Public Administration
Subpart F. Offenses Relating to Judicial and Similar Proceedings
§ 1271. Criminal contempt; class A misdemeanor; class B misdemeanor
A person is guilty of criminal contempt when the person engages in any of the following conduct:
(1) Disorderly, contemptuous or insolent behavior, committed during the sitting of a court, in its immediate view and presence, and directly tending to interrupt its proceedings or to impair the respect due to its authority; or
(2) Breach of the peace, noise or other disturbance directly tending to interrupt a court's proceedings; or
(3) Intentional disobedience or resistance to the process, injunction or other mandate of a court; or
(4) Contumacious refusal to be sworn as a witness in any court proceeding or, after being sworn, to answer any proper interrogatory; or
(5) Knowingly publishing a false or grossly inaccurate report of a court's proceedings; or
(6) Intentional refusal to serve as a juror; or
(7) Intentional and unexcused failure by a juror to attend a trial at which the person has been chosen to serve as a juror; or
(8) Intentional failure to appear personally on the required date, having been released from custody, with or without bail, by court order or by other lawful authority, upon condition that the person will subsequently appear personally in connection with a criminal action or proceeding.
Criminal contempt is a class A misdemeanor, except for violations of paragraph (1) of this section. A violation of paragraph (1) of this section shall be a class B misdemeanor.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 1211
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1271A
Effective: July 12, 2007
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VI. Offenses Against Public Administration
Subpart F. Offenses Relating to Judicial and Similar Proceedings
§ 1271A. Criminal contempt of a domestic violence protective order; class A misdemeanor; class F felony
(a) A person is guilty of criminal contempt of a domestic violence protective order when the person knowingly violates or fails to obey any provision of a protective order issued by the Family Court or a court of any state, territory or Indian nation in the United States, as long as such violation or failure to obey occurred in Delaware.
(b) Criminal contempt of a domestic violence protective order is a class A misdemeanor, unless any of the elements set forth in subsection (c) of this section are met, in which case the offense shall be a class F felony.
(c) A person is guilty of felony criminal contempt of a domestic violence protective order if:
(1) Such contempt resulted in physical injury; or
(2) Such contempt involved the use or threatened use of a deadly weapon.
(d) A person found guilty of criminal contempt of a domestic violence protective order shall receive a minimum sentence of 15 days incarceration if:
(1) Such contempt resulted in physical injury; or
(2) Such contempt involved the use or threatened use of a deadly weapon; or
(3) The defendant was convicted of criminal contempt of a domestic violence protective order under this section on 2 or more occasions prior to this violation.
(e) The minimum sentence shall not be subject to suspension and no person subject to the minimum sentence shall be eligible for probation, parole, furlough or suspended custody during said sentence.
CREDIT(S)
69 Laws 1993, ch. 160, § 4; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 71 Laws 1997, ch. 179, § 1, eff. July 15, 1997; 72 Laws 1999, ch. 63, § 1, eff. June 24, 1999; 76 Laws 2007, ch. 117, §§ 1-4, eff. July 12, 2007.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1272
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VI. Offenses Against Public Administration
Subpart F. Offenses Relating to Judicial and Similar Proceedings
§ 1272. Criminal contempt; summary punishment
A person who commits criminal contempt as defined by § 1271(1) of this title may in the discretion of the court be convicted and sentenced for that offense without further criminal proceedings during or immediately after the termination of the proceeding in which the act constituting criminal contempt occurred.
CREDIT(S)
58 Laws 1972, ch. 497, § 1.
Codifications: 11 Del.C. 1953, § 1272
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1273
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VI. Offenses Against Public Administration
Subpart F. Offenses Relating to Judicial and Similar Proceedings
§ 1273. Unlawful grand jury disclosure; class B misdemeanor
A person is guilty of unlawful grand jury disclosure when, being a grand juror, a public prosecutor, a grand jury stenographer, a grand jury interpreter, a peace officer guarding a witness in a grand jury proceeding, or a clerk, attendant, warden or other public servant having official duties in or about a grand jury room or proceeding, the person intentionally discloses to another person the nature or substance of any grand jury testimony, or any decision, result or other matter attending a grand jury proceeding which is required by law to be kept secret, except in the proper discharge of official duties or upon written order of the court.
Unlawful grand jury disclosure is a class B misdemeanor.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 1273
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1274
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VI. Offenses Against Public Administration
Subpart F. Offenses Relating to Judicial and Similar Proceedings
§ 1274. Offenses relating to judicial and similar proceedings; definitions
As used in §§ 1261-1273 of this title:
(1) "Benefit" means gain or advantage, or anything regarded by the beneficiary as gain or advantage, including benefit to any other person in whose welfare the beneficiary is interested.
(2) "Official proceeding" includes any action or proceeding conducted by or before a legally constituted judicial, legislative, administrative or other governmental agency or official, in which evidence or testimony of witnesses may properly be received.
(3) "Physical evidence" means any article, object, document, record or other thing of physical substance which is or is about to be produced or used as evidence in an official proceeding.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 1274
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1301
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VII. Offenses Against Public Health, Order and Decency
Subpart A. Riot, Disorderly Conduct and Related Offenses
§ 1301. Disorderly conduct; unclassified misdemeanor
A person is guilty of disorderly conduct when:
(1) The person intentionally causes public inconvenience, annoyance or alarm to any other person, or creates a risk thereof by:
a. Engaging in fighting or in violent, tumultuous or threatening behavior; or
b. Making an unreasonable noise or an offensively coarse utterance, gesture or display, or addressing abusive language to any person present; or
c. Disturbing any lawful assembly or meeting of persons without lawful authority; or
d. Obstructing vehicular or pedestrian traffic; or
e. Congregating with other persons in a public place and refusing to comply with a lawful order of the police to disperse; or
f. Creating a hazardous or physically offensive condition which serves no legitimate purpose; or
g. Congregating with other persons in a public place while wearing masks, hoods or other garments rendering their faces unrecognizable, for the purpose of and in a manner likely to imminently subject any person to the deprivation of any rights, privileges or immunities secured by the Constitution or laws of the United States of America.
(2) The person engages with at least 1 other person in a course of disorderly conduct as defined in paragraph (1) of this section which is likely to cause substantial harm or serious inconvenience, annoyance or alarm, and refuses or knowingly fails to obey an order to disperse made by a peace officer to the participants.
Disorderly conduct is an unclassified misdemeanor.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 59 Laws 1973, ch. 203, §§ 23, 24; 63 Laws 1982, ch. 305, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 1301
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1302
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VII. Offenses Against Public Health, Order and Decency
Subpart A. Riot, Disorderly Conduct and Related Offenses
§ 1302. Riot; class F felony
A person is guilty of riot when the person participates with 2 or more persons in a course of disorderly conduct:
(1) With intent to commit or facilitate the commission of a felony or misdemeanor; or
(2) With intent to prevent or coerce official action; or
(3) When the accused or any other participant to the knowledge of the accused uses or plans to use a firearm or other deadly weapon.
Any other provision of this Criminal Code notwithstanding, whoever violates this section shall be guilty of a class F felony.
Any other provision of this Criminal Code or Title 10 notwithstanding, any person over 16 years old who violates this section shall be prosecuted as an adult.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 1302
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1303
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VII. Offenses Against Public Health, Order and Decency
Subpart A. Riot, Disorderly Conduct and Related Offenses
§ 1303. Disorderly conduct; funeral or memorial service
(a) A person shall not do any of the following within 300 feet of the building or other location where a funeral or memorial service is being conducted, or within 1,000 feet of a funeral procession or burial:
(1) Direct abusive epithets or make any threatening gesture which the person knows or reasonably should know is likely to provoke a violent reaction by another.
(2) Disturb or disrupt the funeral, memorial service, funeral procession, or burial by conduct intended to disturb or disrupt the funeral, memorial service, funeral procession or burial.
(b) This section applies to conduct within 1 hour preceding, during and within 2 hours after a funeral, memorial service, funeral procession or burial.
(c) A person who commits a violation of this section commits:
(1) A class A misdemeanor for a first offense.
(2) A class F felony for a second or subsequent offense.
(d) This section shall not preclude any county or municipality from legislating and enforcing its own more restrictive law in this regard.
CREDIT(S)
Added by 75 Laws 2006, ch. 271, § 1, eff. June 1, 2006.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1304
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VII. Offenses Against Public Health, Order and Decency
Subpart A. Riot, Disorderly Conduct and Related Offenses
§ 1304. Hate crimes; class A misdemeanor, class G felony, class F felony, class E felony, class D felony, class C felony, class B felony, class A felony
(a) Any person who commits, or attempts to commit, any crime as defined by the laws of this State, and who intentionally:
(1) Commits said crime for the purpose of interfering with the victim's free exercise or enjoyment of any right, privilege or immunity protected by the First Amendment to the United States Constitution, or commits said crime because the victim has exercised or enjoyed said rights; or
(2) Selects the victim because of the victim's race, religion, color, disability, sexual orientation, national origin or ancestry, shall be guilty of a hate crime. For purposes of this section, the term "sexual orientation" means heterosexuality, bisexuality, or homosexuality.
(b) Hate crimes shall be punished as follows:
(1) If the underlying offense is a violation or unclassified misdemeanor, the hate crime shall be a class A misdemeanor;
(2) If the underlying offense is a class A, B, or C misdemeanor, the hate crime shall be a class G felony;
(3) If the underlying offense is a class C, D, E, F, or G felony, the hate crime shall be one grade higher than the underlying offense;
(4) If the underlying offense is a class A or B felony, the hate crime shall be the same grade as the underlying offense, and the minimum sentence of imprisonment required for the underlying offense shall be doubled.
CREDIT(S)
70 Laws 1995, ch. 138, § 1, eff. July 6, 1995; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 71 Laws 1997, ch. 175, §§ 1, 2, eff. July 12, 1997.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1311
Effective: October 14, 2008
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VII. Offenses Against Public Health, Order and Decency
Subpart A. Riot, Disorderly Conduct and Related Offenses
§ 1311. Harassment; class A misdemeanor
(a) A person is guilty of harassment when, with intent to harass, annoy or alarm another person:
(1) That person insults, taunts or challenges another person or engages in any other course of alarming or distressing conduct which serves no legitimate purpose and is in a manner which the person knows is likely to provoke a violent or disorderly response or cause a reasonable person to suffer fear, alarm, or distress;
(2) Communicates with a person by telephone, telegraph, mail or any other form of written or electronic communication in a manner which the person knows is likely to cause annoyance or alarm including, but not limited to, intrastate telephone calls initiated by vendors for the purpose of selling goods or services;
(3) Knowingly permits any telephone under that person’s control to be used for a purpose prohibited by this section;
(4) In the course of a telephone call that person uses obscene language or language suggesting that the recipient of the call engage with that person or another person in sexual relations of any sort, knowing that the person is thereby likely to cause annoyance or alarm to the recipient of the call; or
(5) Makes repeated or anonymous telephone calls to another person whether or not conversation ensues, knowing that person is thereby likely to cause annoyance or alarm.
(b) Harassment is a class A misdemeanor.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 70 Laws 1996, ch. 316, § 3, eff. April 3, 1996; 74 Laws 2004, ch. 362, § 1, eff. July 19, 2004; 76 Laws 2008, ch. 343, §§ 1, 2, eff. Oct. 14, 2008.
Codifications: 11 Del.C. 1953, § 1311
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1312
Effective: October 14, 2008
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VII. Offenses Against Public Health, Order and Decency
Subpart A. Riot, Disorderly Conduct and Related Offenses
§ 1312. Stalking; class G felony, class F felony, class C felony
(a) A person is guilty of stalking when the person knowingly engages in a course of conduct directed at a specific person and that conduct would cause a reasonable person to:
(1) Fear physical injury to himself or herself or that of another person; or
(2) Suffer other significant mental anguish or distress that may, but does not necessarily, require medical or other professional treatment or counseling.
(b) A violation of subsection (a) of this section is a class G felony.
(c) Stalking is a class F felony if a person is guilty of stalking and 1 or more of the following exists:
(1) The person is age 21 or older and the victim is under the age of 14; or
(2) The person violated any order prohibiting contact with the victim; or
(3) The victim is age 62 years of age or older; or
(4) The course of conduct includes a threat of death or threat of serious physical injury to the victim, or to another person; or
(5) The person causes physical injury to the victim.
(d) Stalking is a class C felony if the person is guilty of stalking and 1 or more of the following exists:
(1) The person possesses a deadly weapon during any act; or
(2) The person causes serious physical injury to the victim.
(e) Definitions.--The following terms shall have the following meaning as used in this section:
(1) "Course of conduct" means 3 or more separate incidents, including, but not limited to, acts in which the person directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveys, threatens, or communicates to or about another, or interferes with, jeopardizes, damages, or disrupts another’s daily activities, property, employment, business, career, education, or medical care. A conviction is not required for any predicate act relied upon to establish a course of conduct. A conviction for any predicate act relied upon to establish a course of conduct does not preclude prosecution under this section. Prosecution under this section does not preclude prosecution under any other section of the Code.
(2) "A reasonable person" means a reasonable person in the victim’s circumstances.
(f) Notwithstanding any contrary provision of § 4205 of this title, any person who commits the crime of stalking by engaging in a course of conduct which includes any act or acts which have previously been prohibited by a then-existing court order or sentence shall receive a minimum sentence of 6 months incarceration at Level V. The first 6 months of said period of incarceration shall not be subject to suspension.
(g) Notwithstanding any contrary provision of § 4205 of this title, any person who is convicted of stalking within 5 years of a prior conviction of stalking shall receive a minimum sentence of 1 year incarceration at Level V. The first year of said period of incarceration shall not be subject to suspension.
(h) In any prosecution under this law, it shall not be a defense that the perpetrator was not given actual notice that the course of conduct was unwanted; or that the perpetrator did not intend to cause the victim fear or other emotional distress.
(i) In any prosecution under this section, it is an affirmative defense that the person charged was engaged in lawful picketing.
(j) This section shall not apply to conduct which occurs in furtherance of legitimate activities of law-enforcement, private investigators, security officers or private detectives as those activities are defined in Chapter 13 of Title 24.
CREDIT(S)
68 Laws 1992, ch. 250, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 70 Laws 1996, ch. 316, § 1, eff. April 3, 1996; 74 Laws 2003, ch. 116, §§ 1, 2, eff. July 7, 2003. Redesignated and amended from 11 Del. C. § 1312A by 76 Laws 2008, ch. 343, § 4, eff. Oct. 14, 2008.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1312A
Effective: October 14, 2008
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VII. Offenses Against Public Health, Order and Decency
Subpart A. Riot, Disorderly Conduct and Related Offenses
§ 1312A. Redesignated as 11 § 1312 by 76 Laws 2008, ch. 343, § 4, eff. Oct. 14, 2008
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1313
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VII. Offenses Against Public Health, Order and Decency
Subpart A. Riot, Disorderly Conduct and Related Offenses
§ 1313. Malicious interference with emergency communications; class B misdemeanor
(a) As used in this section:
(1) "Emergency communication" means any telephone call or any other form of communication made, transmitted or facilitated by radio, computer or any other electronic device which is intended by its maker to provide warning or information pertaining to any crime, fire, accident, disaster or risk of injury or damage to any person or property.
(2) "Emergency communications center" means any public or private facility or entity which accepts emergency communications for the purpose of notifying, dispatching, directing or coordinating law enforcement, fire, medical, paramedic, ambulance, utility or other public safety personnel.
(b) A person is guilty of malicious interference with emergency communications when the person:
(1) Intentionally prevents or hinders the initiation, making or completion of an emergency communication by another person; or
(2) Intentionally initiates or makes repeated nonemergency communications to any 911 or other emergency communications center, knowing it was thereby likely that the operations of such emergency communications center would be disrupted.
CREDIT(S)
Added by 58 Laws 1972, ch. 497, § 1. Amended by 67 Laws 1989, ch. 130, § 8; 73 Laws 2001, ch. 87, § 2, eff. June 30, 2001.
Codifications: 11 Del.C. 1953, § 1313
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1315
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VII. Offenses Against Public Health, Order and Decency
Subpart A. Riot, Disorderly Conduct and Related Offenses
§ 1315. Public intoxication; unclassified misdemeanor; violation
A person is guilty of public intoxication when the person appears in a public place manifestly under the influence of alcohol or narcotics or any other drug not administered or prescribed to be taken by a physician, to the degree that the person may be in danger or endanger other persons or property, or annoy persons in the vicinity.
Public intoxication is a violation, unless the accused has been convicted of public intoxication twice before within 1 year, in which case the offense is an unclassified misdemeanor.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 1315
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1316
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VII. Offenses Against Public Health, Order and Decency
Subpart A. Riot, Disorderly Conduct and Related Offenses
§ 1316. Registration of out-of-state liquor agents; violation
(a) In order to promote and protect the public safety and the peace of the community, by reason of the presence of many persons engaged in the enforcement of the laws of other states, any agent, employee, or representative of another state shall register with the Delaware Alcoholic Beverage and Tobacco Enforcement not less than 30 days in advance of each entry into a county for the purpose of observing any alcoholic beverage sales.
(b) At the time of registration the person shall provide the following information:
(1) A written statement setting forth the identity of the out-of-state official;
(2) The purpose of the intended entry into the county;
(3) The make, model and license number of each and every vehicle to be used in the conduct of any surveillance activity;
(4) The specific establishments at which surveillance will be conducted; and
(5) The specific times for surveillance of each establishment.
(c) Any person who registers shall be issued a certificate of registration which must be retained in the possession of the person during all investigative or surveillance activities.
(d) Any person who fails to register as required by this section, or who having registered violates any provision of this section, shall lose the right to register or the person's registration, as the case may be, for a period of 6 months.
(e) Any person who, during the period imposed by subsection (d) of this section, violates this section is guilty of a violation.
(f) Upon written request, the Delaware Alcoholic Beverage and Tobacco Enforcement shall release the information regarding agencies and officers who have registered under this section.
CREDIT(S)
69 Laws 1994, ch. 275, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 75 Laws 2005, ch. 74, eff. June 30, 2005.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1320
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VII. Offenses Against Public Health, Order and Decency
Subpart A. Riot, Disorderly Conduct and Related Offenses
§ 1320. Loitering on property of a state-supported school, college or university; violation
A person is guilty of loitering on property of a state-supported school, college or university when the person loiters or remains in or about the buildings or grounds of a school, college or university supported in whole or in part with state funds, not having any reason or relationship involving custody of or responsibility for a pupil or student, or any other specific, legitimate reason for being there, and not having written permission from anyone authorized to grant the same.
Any law-enforcement officer, state official or employee, the owner or occupier of such lands or property, an agent or employee of such persons, or any other person or persons whom they may call to their assistance, may arrest such loiterer, either with or without warrant, either upon the premises or in immediate flight therefrom and, if with warrant, then at any place.
Loitering on property of a state-supported school, college or university is a violation.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 1320
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1321
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VII. Offenses Against Public Health, Order and Decency
Subpart A. Riot, Disorderly Conduct and Related Offenses
§ 1321. Loitering; violation
A person is guilty of loitering when:
(1) The person fails or refuses to move on when lawfully ordered to do so by any police officer; or
(2) The person stands, sits idling or loiters upon any pavement, sidewalk or crosswalk, or stands or sits in a group or congregates with others on any pavement, sidewalk, crosswalk or doorstep, in any street or way open to the public in this State so as to obstruct or hinder the free and convenient passage of persons walking, riding or driving over or along such pavement, walk, street or way, and fails to make way, remove or pass, after reasonable request from any person; or
(3) The person loiters or remains in or about a school building or grounds, not having reason or relationship involving custody of or responsibility for a pupil or any other specific or legitimate reason for being there, unless the person has written permission from the principal; or
(4) The person loiters, remains or wanders about in a public place for the purpose of begging; or
(5) The person loiters or remains in a public place for the purpose of engaging or soliciting another person to engage in sexual intercourse or deviate sexual intercourse; or
(6) The person loiters, congregates with others or prowls in a place at a time or in a manner not usual for law-abiding individuals under circumstances that warrant alarm for the safety of persons or property in the vicinity, especially in light of the crime rate in the relevant area. Unless flight by the accused or other circumstances make it impracticable, a peace officer shall, prior to any arrest for an offense under this subdivision, afford the accused an opportunity to dispel any alarm which would otherwise be warranted, by requesting identification and an explanation of the person's presence and conduct. No person shall be convicted of an offense under this subdivision if the peace officer did not comply with the preceding sentence, or if it appears that the explanation given by the accused was true and, if believed by the peace officer at the time, would have dispelled the alarm.
Loitering is a violation.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 113, § 1, eff. June 29, 1995; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 1321
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1322
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VII. Offenses Against Public Health, Order and Decency
Subpart A. Riot, Disorderly Conduct and Related Offenses
§ 1322. Criminal nuisance; unclassified misdemeanor
A person is guilty of criminal nuisance when:
(1) By conduct either unlawful in itself or unreasonable under all the circumstances, the person knowingly or recklessly creates or maintains a condition which endangers the safety or health of others; or
(2) The person knowingly conducts or maintains any premises, place or resort where persons gather for purposes of engaging in unlawful conduct.
Criminal nuisance is an unclassified misdemeanor.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 1322
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1323
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VII. Offenses Against Public Health, Order and Decency
Subpart A. Riot, Disorderly Conduct and Related Offenses
§ 1323. Obstructing public passages; violation
A person is guilty of obstructing public passages when alone or with other persons and having no legal privilege to do so, the person intentionally or recklessly renders any public passage unreasonably inconvenient or hazardous to use, or the person wilfully enters upon or tampers with or obstructs any public utility right-of-way.
Obstructing a public passage is a violation.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 1323
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1324
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VII. Offenses Against Public Health, Order and Decency
Subpart A. Riot, Disorderly Conduct and Related Offenses
§ 1324. Obstructing ingress to or egress from public buildings; unclassified misdemeanor
A person is guilty of obstructing ingress to or egress from public buildings when the person knowingly prevents any person from passing through any entrance or exit to a public building, except that this section shall not apply to lawful picketing or to picketing for any lawful union objective.
Obstructing ingress to or egress from public buildings is an unclassified misdemeanor.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 1324
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1325
Effective: August 3, 2012
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VII. Offenses Against Public Health, Order and Decency
Subpart A. Riot, Disorderly Conduct and Related Offenses
§ 1325. Cruelty to animals; class A misdemeanor; class F felony
(a) For the purpose of this section, the following words and phrases shall include, but not be limited to, the meanings respectively ascribed to them as follows:
(1) "Abandonment" includes completely forsaking or deserting an animal originally under one's custody without making reasonable arrangements for custody of that animal to be assumed by another person.
(2) "Animal" shall not include fish, crustacea or molluska.
(3) "Cruel" includes every act or omission to act whereby unnecessary or unjustifiable physical pain or suffering is caused or permitted.
(4) "Cruel mistreatment" includes any treatment whereby unnecessary or unjustifiable physical pain or suffering is caused or permitted.
(5)
"Cruel neglect" includes neglect of an animal, which is under the care and
control of the neglector, whereby pain or suffering is caused to the animal or
abandonment of any domesticated animal by its owner or custodian. By way of
example, cruel neglect shall also include allowing an animal to live in
unsanitary conditions, such as keeping an animal where the animal's own
excrement is not removed from the animal's living area and/
(6) "Cruelty to animals" includes mistreatment of any animal or neglect of any animal under the care and control of the neglector, whereby unnecessary or unjustifiable physical pain or suffering is caused. By way of example this includes: Unjustifiable beating of an animal; overworking an animal; tormenting an animal; abandonment of an animal; tethering of dog for 18 hours or more in any 24-hour period, except on land owned or leased by the dog's owner that is not less than 10 acres; tethering any dog for any amount of time if the dog is under 4 months of age or is a nursing mother while the offspring are present, except on land owned or leased by the dog's owner that is not less than 10 acres; and failure to feed properly or give proper shelter or veterinary care to an animal.
(7) "Custody" includes the responsibility for the welfare of an animal subject to one's care and control whether one owns it or not.
(8)
"Person" includes any individual, partnership, corporation or association living
and/
(9) "Proper feed" includes providing each animal with daily food and water of sufficient quality and quantity to prevent unnecessary or unjustifiable physical pain or suffering by the animal.
(10) "Proper shelter" includes providing each animal with adequate shelter from the weather elements as required to prevent unnecessary or unjustifiable physical pain or suffering by the animal.
(11) "Proper veterinary care" includes providing each animal with veterinary care sufficient to prevent unnecessary or unjustifiable physical pain or suffering by the animal.
(12) "Serious injury" shall include any injury to any animal which creates a substantial risk of death, or which causes prolonged impairment of health or prolonged loss or impairment of the function of any bodily organ.
(13) "Tethering" shall include fastening or restraining with a rope, chain, cord, or similar device creating a fixed radius; tethering does not include walking a dog on a leash, regardless of the dog's age.
(b) A person is guilty of cruelty to animals when the person intentionally or recklessly:
(1) Subjects any animal to cruel mistreatment; or
(2) Subjects any animal in the person's custody to cruel neglect; or
(3) Kills or injures any animal belonging to another person without legal privilege or consent of the owner; or
(4) Cruelly or unnecessarily kills or injures any animal whether belonging to the actor or another. This section does not apply to the killing of any animal normally or commonly raised as food for human consumption, provided that such killing is not cruel. A person acts unnecessarily if the act is not required to terminate an animal's suffering, to protect the life or property of the actor or another person or if other means of disposing of an animal exist which would not impair the health or well-being of that animal; or
(5) Captures, detains, transports, removes or delivers any animal known to be a domestic farm animal, pet or companion animal, or any other animal of scientific, environmental, economic or cultural value, under false pretenses to any public or private animal shelter, veterinary clinic or other facility, or otherwise causes the same through acts of deception or misrepresentation of the circumstances and disposition of any such animal.
Paragraphs (1), (2) and (4) of this subsection are inapplicable to accepted veterinary practices and activities carried on for scientific research.
Cruelty to animals is a class A misdemeanor, unless the person intentionally kills or causes serious injury to any animal in violation of paragraph (4) of this subsection or unless the animal is killed or seriously injured as a result of any action prohibited by paragraph (5) of this section, in which case it is a class F felony.
(c) Any person convicted of a misdemeanor violation of this section shall be prohibited from owning or possessing any animal for 5 years after said conviction, except for animals grown, raised or produced within the State for resale, or for sale of a product thereof, where the person has all necessary licenses for such sale or resale, and receives at least 25 percent of the person's annual gross income from such sale or resale. Any person convicted of a second or subsequent misdemeanor violation of this section shall be prohibited from owning or possessing any animal for 5 years after said conviction without exception.
A violation of this subsection is subject to a fine in the amount of $1,000 in any court of competent jurisdiction and to forfeiture of any animal illegally owned in accordance with the provisions of § 7904 of Title 3.
(d) Any person convicted of a felony violation of this section shall be prohibited from owning or possessing any animal for 15 years after said conviction, except for animals grown, raised or produced within the State for resale, or for sale of a product thereof, where the person has all necessary licenses for such sale or resale, and receives at least 25 percent of the person's annual gross income from such sale or resale. Any person convicted of a second or subsequent felony violation of this section shall be prohibited from owning or possessing any animal for 15 years after said conviction without exception.
A violation of this subsection is subject to a fine in the amount of $5,000 in any court of competent jurisdiction and to forfeiture of any animal illegally owned in accordance with the provisions of § 7904 of Title 3.
(e) Any agent of the Delaware Society for the Prevention of Cruelty to Animals, or, in Kent County of this State, of the Kent County Society for the Prevention of Cruelty to Animals, may impound an animal owned or possessed in apparent violation of this section, consistent with § 7904 of Title 3.
(f) This section shall not apply to the lawful hunting or trapping of animals as provided by law.
(g) Notwithstanding any provision to the contrary, for a first offense misdemeanor violation of this section relating solely to the tethering of dogs, a warning shall be issued.
(h) Exclusive jurisdiction of offenses under this section relating to the tethering of dogs shall be in the Superior Court.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 62 Laws 1979, ch. 71, §§ 1, 2; 63 Laws 1982, ch. 260, § 1; 64 Laws 1983, ch. 196, §§ 1-3; 67 Laws 1989, ch. 130, § 8; 69 Laws 1994, ch. 280, §§ 1, 2; 70 Laws 1995, ch. 60, § 1, eff. June 12, 1995; 70 Laws 1995, ch. 186, § 1, eff. July 19, 1995; 72 Laws 1999, ch. 75, § 1, eff. June 28, 1999; 73 Laws 2001, ch. 182, §§ 1, 2, eff. July 12, 2001; 73 Laws 2002, ch. 238, §§ 1, 2, eff. March 27, 2002; 78 Laws 2012, ch. 390, §§ 1, 2, eff. Aug. 3, 2012.
Codifications: 11 Del.C. 1953, § 1325
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1325A
Effective:[See Text Amendments]
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Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VII. Offenses Against Public Health, Order and Decency
Subpart A. Riot, Disorderly Conduct and Related Offenses
§ 1325A. The unlawful trade in dog or cat by-products; class B misdemeanor; class A misdemeanor, penalties
(a)(1) A person is guilty of the unlawful trade in dog or cat by-products in the 2nd degree if the person knowingly or recklessly sells, barters or offers for sale or barter, the fur or hair of a domestic dog or cat or any product made in whole or in part from the fur or hair of a domestic dog or cat.
(2) This subsection shall not apply to the sale or barter, or offering for sale or barter, of the fur or hair of a domestic dog or cat which has been cut at a commercial grooming establishment, or at a veterinary office or clinic, or for scientific research purposes.
(3) The unlawful trade in dog or cat by-products in the 2nd degree is a class B misdemeanor.
(b)(1) A person is guilty of the unlawful trade in dog or cat by-products in the 1st degree if the person knowingly or recklessly sells, barters or offers for sale or barter, the flesh of a domestic dog or cat or any product made in whole or in part from the flesh of a domestic dog or cat.
(2) The unlawful trade in dog or cat by-products in the first degree is a class A misdemeanor.
(c) In addition to any other penalty provided by law, any person convicted of a violation of this section shall be:
(1) Prohibited from owning or possessing any domestic dog or cat for 15 years after said conviction, except for those grown, raised or produced within the State for resale, where the person has all necessary licenses for such sale or resale, and receives at least 25 percent of the person's annual gross income from such sale or resale;
(2) Subject to a fine in the amount of $2,500 in any court of competent jurisdiction; and
(3) Required to forfeit any domestic dog or cat illegally owned in accordance with the provisions of Chapter 79 of Title 3.
(d) For the purposes of this section, the term "domestic dog or cat" means a dog (Canis familiaris) or cat (Felis catus or Felis domesticus) that is generally recognized in the United States as being a household pet and shall not include coyote, fox, lynx, bobcat or any other wild or commercially raised canine or feline species the fur or hair of which is recognized for use in warm clothing and outer wear by the United States Department of Agriculture and which species is not recognized as an endangered or threatened species by the United States Fish and Wild Life Service or the Delaware Department of Natural Resources and Environmental Control.
CREDIT(S)
72 Laws 2000, ch. 391, § 1, eff. June 30, 2000.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1326
Effective: May 18, 2010
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VII. Offenses Against Public Health, Order and Decency
Subpart A. Riot, Disorderly Conduct and Related Offenses
§ 1326. Animals; fighting and baiting prohibited; class E felony
(a) A person who owns, possesses, keeps, trains, or uses a bull, bear, dog, cock, or other animal or fowl for the purpose of fighting or baiting; or a person who is a party to or who causes the fighting or baiting of a bull, bear, dog, cock, or other animal or fowl; or a person who rents or otherwise obtains the use of a building, shed, room, yard, ground, or premises for the purpose of fighting or baiting an animal or fowl; or a person who knowingly suffers or permits the use of a building, shed, room, yard, ground, or premises belonging to the person, or that is under the person’s control, for any of the purposes described in this section, is guilty of a class E felony.
(b) A person who is present at a building, shed, room, yard, ground, or premises where preparations are being made for an exhibition prohibited by subsection (a) of this section, and who knows that the exhibition is taking place or is about to take place, is guilty of a class F felony.
(c) A person who gambles on the outcome of an exhibition prohibited by subsection (a) of this section is guilty of a class F felony.
(d) All animals, equipment, devices, and money involved in a violation of this section must be forfeited to the State. Animals so forfeited must be disposed of in a humane manner.
(e) Prosecution for any offense under this section may not be commenced after 5 years from the commission of the offense.
(f) A person convicted of a violation of this section is prohibited from owning or possessing any animal or fowl for 15 years after conviction.
(g) A fine issued as a result of a violation of this section may not be suspended.
(h) In addition to the penalties provided under this section, the court may require a person convicted of violating this section to attend and participate in an appropriate treatment program or to obtain appropriate psychiatric or psychological counseling, or both. The court may impose the costs of any treatment program or counseling upon the person convicted.
CREDIT(S)
66 Laws 1988, ch. 369, § 2; 67 Laws 1989, ch. 130, § 8; 67 Laws 1990, ch. 350, §§ 34, 35; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 72 Laws 2000 (2nd Sp. Sess.), ch. 417, § 1, eff. July 13, 2000; 73 Laws 2002, ch. 238, §§ 3 to 5, eff. March 27, 2002; 73 Laws 2002, ch. 411, § 1, eff. July 10, 2002; 76 Laws 2008, ch. 259, §§ 1 to 3, eff. June 26, 2008; 77 Laws 2010, ch. 264, § 1, eff. May 18, 2010.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1327
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VII. Offenses Against Public Health, Order and Decency
Subpart A. Riot, Disorderly Conduct and Related Offenses
§ 1327. Maintaining a dangerous animal; class E felony; class F felony; class A misdemeanor
(a) A person is guilty of maintaining a dangerous animal when such person knowingly or recklessly owns, controls or has custody over any dangerous animal which causes death, serious physical injury or physical injury to another person or which causes death or serious injury to another animal.
(b) For the purposes of this section, "dangerous animal" means any dog or other animal which:
(1) Had been declared dangerous or potentially dangerous by the Dog Control Panel pursuant to subchapter III of Chapter 17 of Title 7;
(2) Had been trained for animal fighting, or that has been used primarily or occasionally for animal fighting;
(3) Had been intentionally trained so as to increase its viciousness, dangerousness or potential for unprovoked attacks upon human beings or other animals; or
(4) Has an individualized and known propensity, tendency or disposition, specific to the individual dog, for viciousness, dangerousness or unprovoked attacks upon human beings or other animals.
(c) Maintaining a dangerous animal shall be punished as follows:
(1) When a dangerous animal causes the death of a person, maintaining a dangerous animal is a class E felony;
(2) When a dangerous animal causes serious physical injury to a person, maintaining a dangerous animal is a class F felony;
(3) When a dangerous animal causes physical injury to a person or when a dangerous animal causes death or physical injury to another animal, maintaining a dangerous animal is a class A misdemeanor.
(d) This section shall not apply to any dog or other animal trained or owned or used by any law enforcement agency or any person, company, agency or entity licensed pursuant to Chapter 13 of Title 24.
(e) In any prosecution under this section it shall be an affirmative defense that at the time of the attack during which physical injury, serious physical injury or death was inflicted upon a person:
(1) The victim of the attack was in the course of committing criminal trespass or any violent felony as set forth in this title or was attempting to commit criminal trespass or said violent felony;
(2) The victim had provoked the attack by committing cruelty to animals as defined in § 1325 of this title upon said dangerous animal or by inflicting physical injury upon said dangerous animal; or
(3) The owner or custodian of the dangerous animal was in full compliance with the applicable provisions of subchapter III of Chapter 17 of Title 7, including the requirements pertaining to confinement, restraint and muzzling.
(f) In any prosecution under this section it shall be an affirmative defense that at the time of the attack during which physical injury or death was inflicted upon an animal:
(1) The animal which was injured or killed had entered onto the real property of the owner or custodian of the dangerous animal without permission;
(2) The animal which was injured or killed had provoked the attack by menacing, biting or attacking the dangerous animal or its owner or custodian; or
(3) The owner or custodian of the dangerous animal was in full compliance with the applicable provisions of subchapter III of Chapter 17 of Title 7, including the requirements pertaining to confinement, restraint and muzzling.
CREDIT(S)
73 Laws 2002, ch. 411, § 2, eff. July 10, 2002.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1330
Effective:[See Text Amendments]
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Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VII. Offenses Against Public Health, Order and Decency
Subpart A. Riot, Disorderly Conduct and Related Offenses
§ 1330. Smoking on trolleys and buses
(a) Whoever in any trackless trolley coach, or gasoline or diesel-engine-propelled bus being used as a public conveyance for carrying passengers within this State, smokes or carries a lighted cigarette, cigar or pipe shall be fined not less than $5 nor more than $25.
(b) Justices of the peace shall have jurisdiction of offenses under this section.
CREDIT(S)
60 Laws 1975, ch. 66, § 1; 66 Laws 1988, ch. 369, § 2; Redesignated from 11 § 1327 by 73 Laws 2002, ch. 411, § 2, eff. July 10, 2002.
Codifications: 11 Del.C. 1953, § 1327
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1331
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
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Subchapter VII. Offenses Against Public Health, Order and Decency
Subpart A. Riot, Disorderly Conduct and Related Offenses
§ 1331. Desecration; class A misdemeanor
A person is guilty of desecration if the person intentionally defaces, damages, pollutes or otherwise physically mistreats any public monument or structure, any place of worship, the national flag or any other object of veneration by the public or a substantial segment thereof, in a public place and in a way in which the actor knows will outrage the sensibilities of persons likely to observe or discover the actions.
Desecration is a class A misdemeanor.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 65 Laws 1986, ch. 463, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 1331
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1332
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VII. Offenses Against Public Health, Order and Decency
Subpart A. Riot, Disorderly Conduct and Related Offenses
§ 1332. Abusing a corpse; class A misdemeanor
A person is guilty of abusing a corpse when, except as authorized by law, the person treats a corpse in a way that a reasonable person knows would outrage ordinary family sensibilities.
Abusing a corpse is a class A misdemeanor.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 1332
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1333
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VII. Offenses Against Public Health, Order and Decency
Subpart A. Riot, Disorderly Conduct and Related Offenses
§ 1333. Trading in human remains and Associated Funerary Objects
(a) As used in this section:
(1) "Associated Funerary Objects" means an item of human manufacture or use that is intentionally placed with human remains at the time of interment in a burial site or later as a part of a death rite or ceremony of a culture, religion or group. "Associated Funerary Object" includes any gravestone, monument, tomb or other structure in or directly associated with a burial site.
(b) A person is guilty of trading in human remains and Associated Funerary Objects when the person knowingly sells, buys or transports for sale or profit, or offers to buy, sell or transport for sale or profit, within this State, any unlawfully removed human remains or any Associated Funerary Objects.
(c) The provisions of this section shall not apply to:
(1) Any person acting in the course of medical, archaeological, educational or scientific study authorized by an accredited educational institution or governmental entity; or
(2) A licensed mortician or other professional who transports human remains in the course of carrying out the individual's professional duties and responsibilities.
(d) Nothing in this section shall be construed to interfere with the normal operation and maintenance of a public or private cemetery including correction of improper burial siting, and, with the consent of any person who would qualify as an heir of the deceased, moving the remains within a public or private cemetery.
Trading in human remains and Associated Funerary Objects is a class B misdemeanor.
CREDIT(S)
70 Laws 1995, ch. 50, § 1, eff. June 12, 1995.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1335
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VII. Offenses Against Public Health, Order and Decency
Subpart A. Riot, Disorderly Conduct and Related Offenses
§ 1335. Violation of privacy; class A misdemeanor; class G felony
(a) A person is guilty of violation of privacy when, except as authorized by law, the person:
(1) Trespasses on property intending to subject anyone to eavesdropping or other surveillance in a private place; or
(2) Installs in any private place, without consent of the person or persons entitled to privacy there, any device for observing, photographing, recording, amplifying or broadcasting sounds or events in that place; or
(3) Installs or uses outside a private place any device for hearing, recording, amplifying or broadcasting sounds originating in that place which would not ordinarily be audible or comprehensible outside, without the consent of the person or persons entitled to privacy there; or
(4) Intercepts without the consent of all parties thereto a message by telephone, telegraph, letter or other means of communicating privately, including private conversation; or
(5) Divulges without the consent of the sender and the receiver the existence or contents of any message by telephone, telegraph, letter or other means of communicating privately if the accused knows that the message was unlawfully intercepted or if the accused learned of the message in the course of employment with an agency engaged in transmitting it.
(6) Tape records, photographs, films, videotapes or otherwise reproduces the image of another person who is getting dressed or undressed or has that person’s genitals, buttocks or her breasts exposed, without consent, in any place where persons normally disrobe including but not limited to a fitting room, dressing room, locker room or bathroom, where there is a reasonable expectation of privacy. This paragraph shall not apply to any acts done by a parent or guardian inside of that person’s dwelling, or upon that person’s real property, when a subject of victim of such acts is intended to be any child of such parent or guardian who has not yet reached that child’s eighteenth birthday and whose primary residence is in or upon the dwelling or real property of the parent or guardian, unless the acts done by the parent or guardian are intended to produce sexual gratification for any person in which case this paragraph shall apply; or
(7) Secretly or surreptitiously videotapes, films, photographs or otherwise records another person under or through that person’s clothing for the purpose of viewing the body of or the undergarments worn by that other person; or
(8) Knowingly installs an electronic or mechanical location tracking device in or on a motor vehicle without the consent of the registered owner, lessor or lessee of said vehicle. This paragraph shall not apply to the lawful use of an electronic tracking device by a law enforcement officer, nor shall it apply to a parent or legal guardian who installs such a device for the purpose of tracking the location of a minor child thereof.
(b) This section does not apply to:
(1) Overhearing of messages through a regularly installed instrument on a telephone party line or an extension or any other regularly installed instrument or equipment; or
(2) Acts done by the telephone company or subscribers incident to the enforcement of telephone company regulations or subscriber rules relating to the use of facilities; or
(3) Acts done by personnel of any telephone or telegraph carrier in the performance of their duties in connection with the construction, maintenance or operation of a telephone or telegraph system; or
(4) The divulgence of the existence of any message in response to a subpoena issued by a court of competent jurisdiction or a governmental body having subpoena powers; or
(5) Acts done by police officers as provided in §§ 1336 [Repealed] and 1431 of this title.
(c) Any violation of paragraph (a)(1), (a)(2), (a)(3), (a)(4), (a)(5) or (a)(8) of this section shall be a class A misdemeanor. Any violation of paragraph (a)(6) or (a)(7) of this section shall be a class G felony.
CREDIT(S)
Added by 58 Laws 1972, ch. 497, § 1. Amended by 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 72 Laws 1999, ch. 180, §§ 1 to 3, eff. July 20, 1999; 73 Laws 2001, ch. 172, §§ 1 to 3, eff. July 12, 2001; 75 Laws 2006, ch. 341, §§1, 2, eff. June 30, 2006.
Codifications: 11 Del.C. 1953, § 1335
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1336
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VII. Offenses Against Public Health, Order and Decency
Subpart A. Riot, Disorderly Conduct and Related Offenses
§ 1336. Repealed by 72 Laws 1999, ch. 232, § 1, eff. July 23, 1999
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1337
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VII. Offenses Against Public Health, Order and Decency
Subpart A. Riot, Disorderly Conduct and Related Offenses
§ 1337. Definitions relating to riot, disorderly conduct and related offenses
(a) "Private place" means a place where one may reasonably expect to be safe from casual or hostile intrusion or surveillance, but does not include a place to which the public or a substantial group thereof has access.
(b) "Public place" means a place to which the public or a substantial group of persons has access and includes highways, transportation facilities, schools, places of amusement, parks, playgrounds, prisons and hallways, lobbies and other portions of apartment houses and hotels not constituting rooms or apartments designed for actual residence.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 59 Laws 1973, ch. 203, § 25.
Codifications: 11 Del.C. 1953, § 1337
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1338
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VII. Offenses Against Public Health, Order and Decency
Subpart A. Riot, Disorderly Conduct and Related Offenses
§ 1338. Bombs, incendiary devices, Molotov cocktails and explosive devices; class D felony
(a) For purposes of this section the following definitions shall be made applicable:
(1) "Incendiary device" means any item designed to ignite by hand, chemical reaction or by spontaneous combustion and is not designed for any lawful purpose or use whatsoever, or any lawful purpose or use has been or is terminated.
(2) "Molotov cocktail" means a makeshift incendiary bomb made of a breakable container filled with flammable liquid and provided with a wick composed of any substance capable of bringing flame into contact with the liquid.
(b) Whoever manufactures, transfers, uses, possesses or transports any bomb, incendiary device, Molotov cocktail or device designed to explode or produce uncontained combustion with intent to cause bodily harm or damage to any property or thing shall be guilty of a class D felony.
(c) Any other provision of this Criminal Code notwithstanding, any person over 16 years old who violates this section shall be prosecuted as an adult.
(d) In any prosecution under this section, it is prima facie evidence of intent to cause bodily harm or damage to any property or thing if the accused had possession of the device prescribed by this section.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8.
Codifications: 11 Del.C. 1953, § 1338
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1339
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VII. Offenses Against Public Health, Order and Decency
Subpart A. Riot, Disorderly Conduct and Related Offenses
§ 1339. Adulteration; class G felony; class E felony; class A felony
(a) A person is guilty of adulteration when:
(1) The person adulterates any substance with the intent to cause death, physical injury or illness of a person;
(2) The person distributes, disseminates, gives, sells or otherwise transfers an adulterated substance with the intent to cause death, physical injury or illness of a person knowing or having reason to know that the substance has been adulterated as defined in subsection (b) of this section.
(b) "Adulteration" means the intentional adding of any substance, which has the capacity either acting alone or in conjunction with the other substance to cause death, physical injury or illness by ingestion, injection, inhalation or absorption, to another substance having a customary or reasonably foreseeable human use.
(c) Adulteration is a class G felony unless the adulteration actually causes physical injury or illness in which case it is a class E felony, or causes death in which case it is a class A felony.
(d) This offense is a separate and distinct offense and shall not limit or restrict prosecution for murder or any other criminal offense.
CREDIT(S)
64 Laws 1983, ch. 191, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1340
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VII. Offenses Against Public Health, Order and Decency
Subpart A. Riot, Disorderly Conduct and Related Offenses
§ 1340. Desecration of burial place
A person is guilty of desecration of a burial place if the person intentionally defaces, damages, pollutes or otherwise physically mistreats any such burial place. Any person who desecrates a burial place is guilty of a class A misdemeanor and upon conviction shall be fined not less than $1,000 nor more than $10,000.
CREDIT(S)
65 Laws 1986, ch. 463, § 2; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1341
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VII. Offenses Against Public Health, Order and Decency
Subpart B. Offenses Involving Public Indecency
§ 1341. Lewdness; class B misdemeanor
A person is guilty of lewdness when the person does any lewd act in any public place or any lewd act which the person knows is likely to be observed by others who would be affronted or alarmed.
Lewdness is a class B misdemeanor.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 1341
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1342
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VII. Offenses Against Public Health, Order and Decency
Subpart B. Offenses Involving Public Indecency
§ 1342. Prostitution; class B misdemeanor
(a)(1) A person is guilty of prostitution when the person engages or agrees or offers to engage in sexual conduct with another person in return for a fee.
(2) Prostitution is a class B misdemeanor.
(b)(1) Any person found guilty of an act of prostitution when such crime has occurred on or within 1,000 feet of the property of any school, residence, church, synagogue or other place of worship shall be guilty of a class A misdemeanor. The minimum mandatory fine shall be $500. This fine shall not be suspended.
(2) It shall not be a defense to prosecution for a violation of this section that the person was unaware that the prohibited conduct took place on or within 1,000 feet of any school property, residence, church, synagogue or other place of worship.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 75 Laws 2006, ch. 319, § 1, eff. June 28, 2006.
Codifications: 11 Del.C. 1953, § 1342
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1343
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VII. Offenses Against Public Health, Order and Decency
Subpart B. Offenses Involving Public Indecency
§ 1343. Patronizing a prostitute prohibited
(a) A person is guilty of patronizing a prostitute when:
(1) Pursuant to a prior agreement or understanding, the person pays a fee to another person as compensation for that person's having engaged in sexual conduct with the person; or
(2) The person pays or agrees to pay a fee to another person pursuant to an agreement or understanding that in return therefor that person or a third person will engage in sexual conduct with the person; or
(3) The person solicits or requests another person to engage in sexual conduct with the person in return for a fee.
(b) Patronizing a prostitute is a misdemeanor. The minimum mandatory fine shall be $500. This fine shall not be suspended.
(c) Whenever any vehicle, as defined in § 2321 of this title, has been used in, or in connection with, the offense of patronizing a prostitute, it shall forthwith be seized and taken into custody by the peace officer or officers having knowledge of the facts of such use.
(d) Vehicle seizure shall apply in the case of a defendant who has a previous conviction for the same offense in the previous 5 years. For the purpose of this section, "prior offense" shall be defined as a conviction of § 1343 of this title.
(e)(1) Any person found guilty of patronizing a prostitute and such crime has occurred on or within 1,000 feet of the property of any school, residence, church, synagogue or other place of worship shall be guilty of a class A misdemeanor. The minimum mandatory fine shall be $1,000. This fine shall not be suspended.
(2) It shall not be a defense to prosecution for a violation of this section that the person was unaware that the prohibited conduct took place on or within 1,000 feet of any school property, residence, church, synagogue or other place of worship.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 69 Laws 1993, ch. 23, §§ 1, 2, 5, 6; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 75 Laws 2006, ch. 319, § 2, eff. June 28, 2006.
Codifications: 11 Del.C. 1953, § 1343
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1344
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VII. Offenses Against Public Health, Order and Decency
Subpart B. Offenses Involving Public Indecency
§ 1344. Prostitution and patronizing a prostitute; no defense
In any prosecution for prostitution it is no defense that the persons were of the same sex, or that the person who received, agreed to receive or solicited a fee was a male and the person who paid, agreed or offered to pay the fee was a female.
CREDIT(S)
58 Laws 1972, ch. 497, § 1.
Codifications: 11 Del.C. 1953, § 1344
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1345
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VII. Offenses Against Public Health, Order and Decency
Subpart B. Offenses Involving Public Indecency
§ 1345. Screening for sexually transmissible diseases
(a) Any person convicted under § 1342 or § 1343 of this title shall be ordered to undergo testing for sexually transmitted diseases, abbreviated "STD", as designated by the Department of Health and Social Services in its rules and regulations.
(b) The result of any STD test conducted pursuant to this subsection shall not be a public record for purposes of Chapter 100 of Title 29.
(c) The result of any STD testing conducted pursuant to this section shall only be released by the Division of Public Health to the defendant, the defendant's spouse and the court issuing the order for testing except as otherwise permitted under § 711 of Title 16.
(d) The cost of testing under this section shall be paid by the defendant tested unless the Court has determined that the defendant is an indigent person.
(e) Filing of a notice of appeal shall not automatically stay an order that the defendant submit to STD testing.
CREDIT(S)
Added by 75 Laws 2006, ch. 319, § 4, eff. June 28, 2006.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1351
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VII. Offenses Against Public Health, Order and Decency
Subpart B. Offenses Involving Public Indecency
§ 1351. Promoting prostitution in the third degree; class F felony
A person is guilty of promoting prostitution in the third degree when the person knowingly advances or profits from prostitution.
Promoting prostitution in the third degree is a class F felony.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 61 Laws 1977, ch. 33, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 1351
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1352
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VII. Offenses Against Public Health, Order and Decency
Subpart B. Offenses Involving Public Indecency
§ 1352. Promoting prostitution in the second degree; class E felony
A person is guilty of promoting prostitution in the second degree when the person knowingly:
(1) Advances or profits from prostitution by managing, supervising, controlling or owning, either alone or in association with others, a house of prostitution or a prostitution business or enterprise involving prostitution activity by 2 or more prostitutes; or
(2) Advances or profits from prostitution of a person less than 18 years old.
Promoting prostitution in the second degree is a class E felony.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 61 Laws 1977, ch. 33, § 2; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 1352
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1353
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VII. Offenses Against Public Health, Order and Decency
Subpart B. Offenses Involving Public Indecency
§ 1353. Promoting prostitution in the first degree; class C felony
A person is guilty of promoting prostitution in the first degree when the person knowingly:
(1) Advances prostitution by compelling a person by force or intimidation to engage in prostitution or profits from such coercive conduct by another; or
(2) Advances or profits from prostitution of a person less than 16 years old.
Promoting prostitution in the first degree is a class C felony.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 61 Laws 1977, ch. 33, § 3; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 1353
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1354
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VII. Offenses Against Public Health, Order and Decency
Subpart B. Offenses Involving Public Indecency
§ 1354. Promoting prostitution; attempt to promote prostitution; corroboration
A person shall not be convicted of promoting prostitution or of an attempt to promote prostitution solely on the uncorroborated testimony of a person whose prostitution activity the person is alleged to have advanced or attempted to advance or from whose prostitution activity the person is alleged to have profited or attempted to profit.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 1354
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1355
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VII. Offenses Against Public Health, Order and Decency
Subpart B. Offenses Involving Public Indecency
§ 1355. Permitting prostitution; class B misdemeanor
A person is guilty of permitting prostitution when, having possession or control of premises which the person knows are being used for prostitution purposes, the person fails to halt or abate such use within a reasonable period of time.
Permitting prostitution is a class B misdemeanor.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 1355
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1356
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VII. Offenses Against Public Health, Order and Decency
Subpart B. Offenses Involving Public Indecency
§ 1356. Definitions relating to prostitution
As used in §§ 1342-1355 of this title:
(1) "Advance prostitution." --A person advances prostitution when, acting other than as a prostitute or as a patron thereof, the person knowingly causes or aids a person to commit or engage in prostitution, procures or solicits patrons for prostitution, provides persons or premises for prostitution purposes, operates or assists in the operation of a house of prostitution or a prostitution enterprise or engages in any other conduct designed to institute, aid or facilitate an act or enterprise of prostitution.
(2) "Profit from prostitution." --A person profits from prostitution when, acting other than as a prostitute receiving compensation for personally rendered prostitution services, the person accepts or receives money or other property pursuant to an agreement or understanding with any person whereby the person participates or is to participate in the proceeds of prostitution activity.
(3) "School" means any preschool, kindergarten, elementary school, secondary school, vocational technical school or any other institution which has as its primary purpose the education or instruction of children under 18 years of age.
(4) "Sexual conduct" means any act designed to produce sexual gratification to either party. It is not limited to intercourse or deviate sexual intercourse.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 75 Laws 2006, ch. 319, § 3, eff. June 28, 2006.
Codifications: 11 Del.C. 1953, § 1356
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1361
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VII. Offenses Against Public Health, Order and Decency
Subpart C. Obscenity
§ 1361. Obscenity; acts constituting; class E felony or class G felony; subsequent violations
(a) A person is guilty of obscenity when the person knowingly:
(1) Sells, delivers or provides any obscene picture, videotape, video game, writing, record, audio cassette tape, compact disc or other representation or embodiment of the obscene;
(2) Presents or directs an obscene play, dance or performance or participates in that portion thereof which makes it obscene;
(3) Publishes, exhibits or otherwise makes available any obscene material;
(4) Possesses any obscene material for purposes of sale or other commercial dissemination; or
(5) Permits a person under the age of 12 to be on the premises where material harmful to minors, as defined by 11 Del. C. § 1365, is either sold or made available for commercial distribution and which material is readily accessible to or easily viewed by such minors. Any material covered by this paragraph shall not be considered readily accessible to or easily viewed by minors if it has been placed or otherwise located 5 feet or more above the floor of the subject premises or if the material is concealed so that no more than the top 3 inches is visible to the passerby.
(b) Obscenity is a class E felony if a person sells, delivers or provides any obscene picture, videotape, video game, writing, record, audio cassette tape, compact disc or other representation or embodiment of the obscene to a person under the age of 18. In all other cases, obscenity is a class G felony. In addition to the above penalties, upon conviction of obscenity involving live conduct as defined in § 1364 of this title, the court shall order the business or establishment which presented, displayed or exhibited such conduct closed for a period of 6 months.
(c) Notwithstanding Chapter 42 of this title, the minimum sentence for a subsequent violation of this section occurring within 5 years of a former conviction shall be a fine in the amount of $5,000, imprisonment for a minimum period of 9 months, no portion which may be suspended or reduced, and probation for a period of 2 years; provided, however, that where the defendant is an organization, the fine shall be $10,000. In addition to the above penalties, upon conviction of obscenity involving conduct as defined in § 1364 of this title, the court shall order the business or establishment which presented, displayed or exhibited such conduct closed for a period of 2 years.
(d) Where the criminality of conduct depends on a child being under the age of 12, paragraph (a)(5) of this section, or under the age of 18, subsection (b) of this section, it is no defense that the actor did not know the child's age.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 60 Laws 1976, ch. 445, § 1; 61 Laws 1977, ch. 121, § 1; 63 Laws 1981, ch. 111, §§ 1-3; 67 Laws 1989, ch. 130, § 8; 67 Laws 1990, ch. 350, §§ 11, 12; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 74 Laws 2003, ch. 71, § 2, eff. June 30, 2003; 74 Laws 2004, ch. 380, §§ 1, 2, eff. July 19, 2004.
Codifications: 11 Del.C. 1953, § 1361
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1362
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VII. Offenses Against Public Health, Order and Decency
Subpart C. Obscenity
§ 1362. Obscenity; defenses
In any prosecution for obscenity it is an affirmative defense that dissemination was restricted to:
(1) Institutions or persons having scientific, educational, governmental or other similar justification for possessing obscene material; or
(2) Noncommercial dissemination to personal associates of the accused who are known by the accused not to object to the receipt of such material.
CREDIT(S)
58 Laws 1972, ch. 497, § 1.
Codifications: 11 Del.C. 1953, § 1362
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1363
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VII. Offenses Against Public Health, Order and Decency
Subpart C. Obscenity
§ 1363. Obscenity; presumption
A person who disseminates or possesses obscene material in the course of business is presumed to do so knowingly or recklessly.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 1363
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1364
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VII. Offenses Against Public Health, Order and Decency
Subpart C. Obscenity
§ 1364. Definition of obscene
Material or live conduct is obscene if:
(1) The average person applying contemporary community standards would find the material or conduct, taken as a whole, appeals to the prurient interests; and
(2) The material depicts or describes or the live conduct portrays:
a. Patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated; or
b.
Patently offensive representations or descriptions of masturbation, excretory
functions, and/
(3) The work or conduct taken as a whole lacks serious literary, artistic, political or scientific value.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 59 Laws 1974, ch. 236, § 1; 63 Laws 1981, ch. 111, § 4.
Codifications: 11 Del.C. 1953, § 1364
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1365
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VII. Offenses Against Public Health, Order and Decency
Subpart C. Obscenity
§ 1365. Obscene literature harmful to minors; class A misdemeanor
(a) Definitions as used in this section:
(1) "Harmful to minors" means that quality of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement or sado-masochistic abuse which predominately appeals to the prurient, shameful or morbid interest of minors and is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors.
(2) "Known minor" is any person known, in fact, to be under the age of 18 years, or any person, in fact, under the age of 18 years unless a reasonable, bona fide attempt has been made to ascertain the age of that minor.
(3) "Knows" means:
a. Knowledge that the character and content of any material described in paragraph (i)(1) of this section is harmful to minors; or
b. Knowledge of facts that would lead a reasonable person to inquire whether the character and content of any material described in paragraph (i)(1) of this section is harmful to minors; or
c. Knowledge or information that the material described herein has been adjudged to be harmful to minors in a proceeding instituted pursuant to subsection (b) or (i) of this section or is the subject of a pending proceeding instituted pursuant to subsection (b) or (i) of this section.
(4) "Minor" means any person under the age of 17 years.
(5) "Nudity" means the showing of the human male or female genitals, pubic area or buttocks with less than a full opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple or the depiction of covered male genitals in a discernibly turgid state.
(6) "Sado-masochistic abuse" means flagellation or torture practiced by or upon a person clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.
(7) "Sexual conduct" means acts of masturbation, homosexuality, sexual intercourse or physical contact with a person's unclothed genitals or pubic area or a female person's breast.
(8) "Sexual excitement" means the condition of human male or female genitals in a state of sexual stimulation or arousal.
(b) Whenever the Attorney General of this State has reasonable cause to believe that any person is or may become engaged in any of the acts described in paragraph (i)(1), (i)(2) or (i)(4) of this section, the Attorney General shall institute an action in the Court of Chancery for the county where such act is or will be performed for adjudication of the question of whether such material is harmful to minors.
(c) The action authorized by subsection (b) of this section shall be commenced by the filing of a complaint to which shall be attached as an exhibit a true copy of the allegedly harmful material. The complaint shall:
(1) Be directed against such material by name or description;
(2) Allege that such material is harmful to minors;
(3) Designate as respondents and list the names and addresses, if known, of any person in this State engaged or about to be engaged in any of the acts described in paragraph (i)(1), (i)(2) or (i)(4) of this section with respect to such material;
(4) Seek an adjudication that such material is harmful to minors; and
(5) Seek a permanent injunction against any respondent prohibiting the respondent from performing any of the acts described in paragraph (i)(1), (i)(2) or (i)(4) of this section.
(d) Upon the filing of the complaint described in subsection (c) of this section, the Attorney General shall present the same, together with the material attached thereto, as soon as practicable to the Court for its examination and reading. If after such examination and reading the Court finds no probable cause to believe such material to be harmful to minors, the Court shall cause an endorsement to that effect to be placed and dated upon the complaint and shall thereupon dismiss the action. If after such examination and reading the Court finds probable cause to believe such material to be harmful to minors, the Court shall cause an endorsement to that effect to be placed and dated upon the complaint whereupon it shall be the responsibility of the Attorney General promptly to request the Register in Chancery to issue summons and to furnish to the Register in Chancery such number of copies of such complaint and endorsement as are needed for the service of summons. Service of such summons and endorsed complaint shall be made upon the respondents thereto in any manner provided by law.
(e) The author, publisher or any person interested in sending or causing to be sent, bringing or causing to be brought, into this State for sale or commercial distribution, or any person in this State preparing, selling, exhibiting or commercially distributing or possessing with intent to sell or commercially distribute or exhibit, the material exhibited to the endorsed complaint, may appear and may intervene in accordance with the Rules of the Court of Chancery. If no person appears and files an answer, or moves to intervene within the time set by the rule or by an order of the Court of Chancery, the Court may forthwith adjudge whether the material so exhibited to the endorsed complaint is harmful to minors and enter an appropriate final judgment.
(f)(1) The public policy of this State requires that all proceedings prescribed in this section, other than criminal actions under subsection (i) of this section, be heard and disposed of with the maximum promptness and dispatch commensurate with constitutional requirements, including due process, freedom of the press and freedom of speech.
(2) The Rules of the Court of Chancery shall be applicable, except as they may be modified by this section.
(3) Any party or intervenor shall be entitled, upon request, to a trial of any issue with an advisory jury and the Court, with the consent of all parties, may order a trial of any issue with a jury whose verdict shall have the same effect as in cases of law.
(4) In any action in which an injunction is sought under this section, any respondent or intervenor shall be entitled to a trial of the issues within 1 day, exclusive of Saturday, Sunday and holidays, after joinder of issue, and a decision shall be rendered by the Court or jury, as the case may be, within 2 days, exclusive of Saturday, Sunday and holidays, of the conclusion of the trial. If the issues are being tried before a jury and the jury shall not be able to render a decision within 2 days of the conclusion of the trial, then notwithstanding any other provision of this section, the jury shall be dismissed and a decision shall be rendered by the Court within 2 days of the conclusion of the trial.
(5) In the event that the Court or jury, as the case may be, finds the material exhibited to the complaint not to be harmful to minors, the Court shall enter judgment accordingly and shall dismiss the complaint.
(6) In the event that the Court or jury, as the case may be, finds the material exhibited to the complaint to be harmful to minors, the Court shall enter judgment to such effect and may, in such judgment or in subsequent orders of enforcement thereof, enter a permanent injunction against any respondent prohibiting the respondent from engaging in any of the acts described in paragraph (i)(1), (i)(2) or (i)(4) of this section.
(g) If the Court, pursuant to subsection (d) of this section, finds probable cause to believe the exhibited material to be harmful to minors, and so endorses the complaint, the Court may, upon the motion of the Attorney General and in accordance with the Chancery Court Rules, issue a temporary restraining order against any respondent prohibiting the respondent from selling, commercially distributing or giving away such material to minors or from permitting minors to inspect such material. No temporary restraining order shall be granted without notice to the respondents unless it clearly appears from specific facts shown by affidavit or by the verified complaint that 1 or more of the respondents are engaged in the sale of material harmful to minors and that immediate and irreparable injury to the morals and general welfare of minors in this State will result before notice can be served and a hearing had thereon. All proceedings for temporary restraining order and preliminary injunction shall be governed by the Rules of the Court of Chancery.
(h) Any respondent, or any officer, agent, servant, employee or attorney of such respondent, or any person in active concert or participation by contract or arrangement with such respondent, who receives actual notice, by personal service or otherwise, of any injunction or restraining order entered pursuant to subsection (f) or (g) of this section, and who shall disobey any of the provisions thereof, shall be guilty of contempt of court and upon conviction shall be guilty of a class A misdemeanor.
(i) Any person is guilty of a class A misdemeanor who:
(1) Exhibits for sale, sells, displays, transfers, gives gratis, loans, rents or advertises to a known minor any book, pamphlet, magazine or printed matter, however reproduced, or sound recording or picture, photograph, drawing, sculpture, motion picture film or similar visual representation that such person knows to be in whole or in part harmful to minors.
(2) Sells, gives gratis or transfers an admission ticket or pass to a known minor or admits a known minor to a premises whereon there is exhibited a motion picture, show or other presentation which, in whole or in part, such person knows to be harmful to minors.
(3) Misrepresents the person's age as 17 years or older for the purpose of evading the restrictions of this section.
(4) Exhibits for sale, sells, displays, gives gratis, transfers, loans or rents any matter enumerated in paragraph (1) of this subsection that such person knows to be harmful to minors which does not prominently include in such advertisement the words "unlawful to persons under 17 years of age."
(j) No criminal proceeding shall be commenced against any person pursuant to paragraph (i)(1), (i)(2) or (i)(4) of this section unless, prior to the act which is the subject of such proceeding, such person:
(1) Had written notice from the Attorney General that the material which is the subject of such proceeding has been adjudged harmful to minors pursuant to subsection (b) or (i) of this section; or
(2) Has been subject to an order entered pursuant to subsection (b) of this section relating to the material which is the subject of such criminal proceeding, or any other material harmful to minors.
(k) No person shall be subject to prosecution pursuant to this section:
(1) For any sale to a minor where such person had reasonable cause to believe that the minor involved was 17 years old or more, and such minor exhibited to such person a draft card, driver's license, birth certificate or other official or apparently official document purporting to establish that such minor was 17 years old or more; or
(2) For any sale where a minor is accompanied by a parent or guardian, or accompanied by an adult and such person has no reason to suspect that the adult accompanying the minor is not the minor's parent or guardian; or
(3) Where such person is a bona fide school, museum or public library or is acting in an official capacity as an employee of such organization or as a retail outlet affiliated with and serving the educational purposes of such organization.
(l) In order to provide for the uniform application of this section to all minors within this State, it is intended that the sole and only regulation of the matters herein discussed shall be under this section and no municipality, county or other governmental unit within this State shall make any law, ordinance or regulation relating to the subject matter hereof as to minors. All such laws, ordinances and regulations, as they affect minors, whether enacted before or after this section shall become void, unenforceable and of no effect upon April 1, 1973; provided, however, that such prior laws, ordinances and regulations shall govern litigations commenced prior to April 1, 1973, and shall continue in effect solely for that purpose.
(m) This section may be known and cited as Delaware Law on the Protection of Minors From Harmful Materials, and may be referred to by that designation.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 59 Laws 1974, ch. 236, § 2; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 1365
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1366
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VII. Offenses Against Public Health, Order and Decency
Subpart C. Obscenity
§ 1366. Outdoor motion picture theaters
(a) Whoever being the owner or operator of an outdoor motion picture theater exhibits or permits to be exhibited any film not suitable for minors or harmful to minors and which film can be viewed by such minors not in attendance at the said outdoor motion picture theater shall be guilty of a class A misdemeanor.
(b) Definitions as used in this section:
(1) "Code and Rating Administration of the Motion Picture Association of America" ratings are:
"G"--All ages admitted. General audiences;
"PG"--All ages admitted. Parental guidance suggested;
"R"--Restricted. Under 17 requires accompanying parent or adult guardian;
"X"--No one under 17 admitted.
(2) "Film" means any motion picture film or series of films, whether full length or short subject, but does not include newsreels portraying actual current events or pictorial news of the day.
(3) "Harmful to minors" means that quality of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement or sado-masochistic abuse which predominately appeals to the prurient, shameful or morbid interest of minors and is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors, and taken as a whole the work lacks serious literary, artistical, political or scientific value for minors.
(4) "Minor" means any person under the age of 17 years.
(5) "Not suitable for minors" means any film, reel or view which has a rating of "R" or "X" according to the Code and Rating Administration of the Motion Picture Association of America.
(6) "Nudity" means the showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple or the depiction of covered male genitals in a discernibly turgid state.
(7) "Sado-masochistic abuse" means flagellation or torture practiced by or upon a person clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.
(8) "Sexual conduct" means acts of masturbation, homosexuality, sexual intercourse or physical contact with a person's unclothed genitals or pubic area or a female person's breast.
(9) "Sexual excitement" means the condition of human male or female genitals in a state of sexual stimulation or arousal.
(10) "Suitable for minors" means any film, reel or view which has a rating of "G" or "PG" according to the Code and Rating Administration of the Motion Picture Association of America.
CREDIT(S)
59 Laws 1974, ch. 258, § 1.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1367
Effective: July 21, 2008
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
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Subpart C. Obscenity
§ 1367. Unauthorized promotion of boxing, mixed martial arts or of a combative sports entertainment or combative fighting match, contest, or event; class A misdemeanor
(a) A person is guilty of the unauthorized promotion of boxing, mixed martial arts or of a combative sports entertainment or combative fighting match, contest, or event if the person promotes, arranges, advertises, or conducts a combative sports entertainment or combative fighting match, contest, or event in violation of Chapter 1 of Title 28.
(b) A charge of the unauthorized promotion of boxing, mixed martial arts or of a combative sports entertainment or combative fighting match, contest, or event shall not exclude prosecution for other offenses or violations of this Code.
(c) The unauthorized promotion of boxing, mixed martial arts or of a combative sports entertainment or combative fighting match, contest, or event is a class A misdemeanor.
CREDIT(S)
Added by 76 Laws 2008, ch. 413, § 1, eff. July 21, 2008.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1368
Effective: July 21, 2008
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VII. Offenses Against Public Health, Order and Decency
Subpart C. Obscenity
§ 1368. Unauthorized participation in a boxing, mixed martial arts or in a combative sports entertainment or combative fighting match, contest, or event; class A misdemeanor
(a) A person is guilty of the unauthorized participation in a boxing, mixed martial arts or in a combative sports entertainment or combative fighting match, contest, or event if the person participates as a competitor in a boxing, mixed martial arts or in a combative sports entertainment or combative fighting match, contest, or event in violation of Chapter 1 of Title 28.
(b) A charge of the unauthorized participation in a boxing, mixed martial arts or in a combative sports entertainment or combative fighting match, contest, or event shall not exclude prosecution for other offenses or violations [FN1] this Code.
(c) The unauthorized participation in a boxing, mixed martial arts or in a combative sports entertainment or combative fighting match, contest, or event is a class A misdemeanor.
CREDIT(S)
Added by 76 Laws 2008, ch. 413, § 1, eff. July 21, 2008.
[FN1] So in original; probably should read, "violations of".
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1401
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VII. Offenses Against Public Health, Order and Decency
Subpart D. Offenses Involving Gambling
§ 1401. Advancing gambling in the second degree; class A misdemeanor
A person is guilty of advancing gambling in the second degree when:
(1) The person sells or disposes of, or has in the person's possession with intent to sell or dispose of, a lottery policy, certificate or any other thing by which the person or another person or persons promises or promise, guarantees or guarantee that any particular number, series of numbers, character, ticket or certificate shall, in the event or on the happening of any contingency in the nature of a lottery, entitle the purchaser or holder to receive money, property or evidence of debt; or
(2) The person uses or employs any other device by which such person, or any other person, promises or guarantees as provided in paragraph (1) of this section; or
(3) The person is concerned in interest in lottery policy writing, or in selling or disposing of any lottery policy, certificate, number or numbers or any other thing by which the person or another person or persons promises or promise, guarantees or guarantee that any particular number or numbers, character, ticket or certificate shall, in the event or on the happening of any contingency in the nature of a lottery, entitle the purchaser or holder to receive money, property or evidence of debt; or
(4) The person uses or employs any other device by which such person or any other person promises or guarantees as provided in paragraph (3) of this section.
Advancing gambling in the second degree is a class A misdemeanor.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 1401
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1402
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VII. Offenses Against Public Health, Order and Decency
Subpart D. Offenses Involving Gambling
§ 1402. Foreign lotteries; prima facie evidence; class A misdemeanor
(a) A person is guilty of engaging in a foreign lottery when the person brings, sends or procures to be brought or sent into this State any scheme of any lottery or any drawing of any such scheme or any ticket or part of a ticket or certificate of or a substitute for any ticket or part of a ticket, and sells or offers for sale any such ticket or part of ticket or any certificate or substitute for a certificate, and circulates in any manner any scheme or any drawing.
(b) On the trial of any person under subsection (a) of this section any lottery scheme drawing, ticket, certificate of or a substitute for a ticket or parts of tickets, which shall be proved to have been by the accused brought or procured to be brought, or sent or procured to be sent into this State or printed or procured to be printed within this State, for the purpose of circulating the same by mail or otherwise, shall be prima facie evidence within the description of this section.
(c) Engaging in foreign lotteries is a class A misdemeanor.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 1402
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1403
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VII. Offenses Against Public Health, Order and Decency
Subpart D. Offenses Involving Gambling
§ 1403. Advancing gambling in the first degree; class A misdemeanor
A person is guilty of advancing gambling in the first degree when:
(1) The person keeps, exhibits or uses, or is concerned in interest in keeping, exhibiting or using any book, device, apparatus or paraphernalia for the purpose of receiving, recording or registering bets or wagers upon the result of any trial or contest, wherever conducted, of skill, speed or power of endurance of human or beast; or
(2) Being the owner, lessee or occupant of a room, house, building, enclosure or place of any kind, the person keeps, exhibits, uses or employs therein or permits or allows to be kept, exhibited, used or employed therein, or is concerned in interest in keeping, exhibiting, using or employing therein any book, device, apparatus or paraphernalia for the purpose of receiving, recording or registering bets or wagers as provided in paragraph (1) of this section, or of forwarding in any manner money, thing or consideration of value for the purpose of being bet or wagered as provided in paragraph (1) of this section; or
(3) The person records or registers bets or wagers, or receives, contracts or agrees to receive money or anything of value for the purpose or with the intent to bet or wager personally or for another person as provided in paragraph (1) of this section; or
(4) The person directly or indirectly bets or wagers, or promises to bet or wager, money or anything of value as provided in paragraph (1) of this section.
This section does not apply to a bet or wager made on a horse race within the enclosure of any race meeting licensed and conducted under the laws of this State, and made by or through the means of a pari-mutuel or totalizator pool, the conduct of which is licensed by the Delaware Racing Commission or other state licensing agency. Such exception need not be negatived in any indictment or information.
Advancing gambling in the first degree is a class A misdemeanor.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 1403
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1404
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VII. Offenses Against Public Health, Order and Decency
Subpart D. Offenses Involving Gambling
§ 1404. Providing premises for gambling; class A misdemeanor; unclassified misdemeanor
A person is guilty of providing premises for gambling when:
(1) The person lets, demises or transfers to another person any building, structure, room or rooms knowing that the same will be used for the purpose of committing any gambling offense; or
(2) The person knowingly permits any house, structure, building, room or rooms of which the person has possession or control to be used for the purpose of committing any gambling offense; or
(3) The person contributes to the support and maintenance of any house or place where gambling is carried on or conducted; or
(4) The person keeps or maintains any house or place where gambling is carried on.
Providing premises for gambling or contributing thereto is an unclassified misdemeanor, unless the accused has been convicted, within the previous 5 years, of the same offense or of an offense under § 663 or § 665 of this title as the same existed prior to July 1, 1973, in which case it is a class A misdemeanor.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 1404
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1405
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VII. Offenses Against Public Health, Order and Decency
Subpart D. Offenses Involving Gambling
§ 1405. Possessing a gambling device; class A misdemeanor
(a) A person is guilty of possessing a gambling device when the person knowingly manufactures, sells, transports, keeps, exhibits, manages, places, possesses or conducts or negotiates any transaction affecting or designed to effect ownership, custody or use of a slot machine or any other gambling device.
(b) Possessing a gambling device is a class A misdemeanor.
(c) A person is not guilty of a violation of this section if the device or machine is either:
(1) An antique slot machine which is not used for gambling purposes; or
(2) Any slot machine or gambling device which is manufactured (including, without limitation, the retrofitting or alteration of a finished machine or device), assembled, transported, kept, exhibited, managed, placed or possessed by a person within this State or which is the subject of any negotiation which involves a transaction affecting or designed to affect the ownership, custody or use of such machine or device by such person in this State where:
a. Such person is duly licensed to conduct a manufacturing or other business in this State; and
b. Such person is registered in accordance with the federal Gambling Devices Act of 1962 as amended (15 U.S.C.A. § 1171 et seq.) and is in the business of designing, assembling, manufacturing, selling, supplying, repairing or retrofitting slot machines, gambling devices or component parts thereof exclusively for lawful possession and use.
(d) For purposes of this section, a slot machine is an antique machine if such machine is at least 25 years old.
(e) For purposes of this section, a "video lottery machine," as defined in § 4803 of Title 29, which is owned or leased by the State for use in the Delaware video lottery shall not constitute either a slot machine or a gaming device.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 68 Laws 1992, ch. 252, § 1; 69 Laws 1994, ch. 375, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 70 Laws 1996, ch. 421, §§ 1, 2, eff. June 30, 1996; 77 Laws 2010, ch. 219, § 4; 78 Laws, ch. 245, § 1, eff. May 21, 2012.
Codifications: 11 Del.C. 1953, § 1405
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1406
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VII. Offenses Against Public Health, Order and Decency
Subpart D. Offenses Involving Gambling
§ 1406. Being concerned in interest in keeping any gambling device; class A misdemeanor
(a) A person is guilty of being concerned in interest in keeping any gambling device when:
(1) The person keeps or exhibits a gaming table, faro bank, sweat cloth, roulette table or other device under any denomination at which cards, dice or any other game of chance is played for money, or other thing of value or other gambling device of any kind whatsoever; or
(2) The person, with the intent that it shall be kept or exhibited for use by the public, buys, sells or distributes a gaming table, faro bank, sweat cloth or other gambling device; or
(3) The person is a partner or concerned in interest in the keeping or exhibiting of a gaming table, faro bank, sweat cloth or other gambling device.
(b) Being concerned in interest in keeping any gambling device is a class A misdemeanor.
(c) An antique slot machine, as defined in § 1405 of this title, is not a gambling device for purposes of this section.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 68 Laws 1992, ch. 252, § 2; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 1406
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1407
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
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Subchapter VII. Offenses Against Public Health, Order and Decency
Subpart D. Offenses Involving Gambling
§ 1407. Engaging in a crap game; violation
A person is guilty of engaging in a crap game when the person takes part in or is knowingly present at the form of gambling commonly known as crap, in which money or other valuable things are played for by means of dice.
Engaging in a crap game is a violation.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 1407
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1408
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
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Subchapter VII. Offenses Against Public Health, Order and Decency
Subpart D. Offenses Involving Gambling
§ 1408. Merchandising plans are not gambling
Sections 1401-1405 of this title are inapplicable to any plan for stimulating public interest in, or sale of, merchandise, services or exhibitions unless the plan requires that the chance to win a prize be paid for in money or something of actual pecuniary value or that some items be bought or to any lottery under state control for the purpose of raising funds.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 59 Laws 1974, ch. 364, § 1.
Codifications: 11 Del.C. 1953, § 1408
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1409
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VII. Offenses Against Public Health, Order and Decency
Subpart D. Offenses Involving Gambling
§ 1409. Exemption of law-enforcement officer
Nothing in subpart D of subchapter VII of this chapter shall apply to any law-enforcement officer or officer's agent while acting in the lawful performance of duty.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 1409
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1411
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VII. Offenses Against Public Health, Order and Decency
Subpart D. Offenses Involving Gambling
§ 1411. Unlawfully disseminating gambling information; class A misdemeanor
A person is guilty of unlawfully disseminating gambling information when:
(1) Being a public utility it knowingly furnishes to another person a private wire for use in disseminating information in furtherance of gambling or for gambling purposes; or
(2) The person knowingly uses a private wire in disseminating or receiving information in furtherance of gambling or for gambling purposes; or
(3) The person engages in the business of or receives compensation in any form for disseminating or receiving information in furtherance of gambling or for gambling purposes by means of a private wire or a call service.
Unlawfully disseminating gambling information is a class A misdemeanor.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 1411
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1412
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VII. Offenses Against Public Health, Order and Decency
Subpart D. Offenses Involving Gambling
§ 1412. Revocation of service contracts or denial of application for service; exemption from liability
(a) The Attorney General, if the Attorney General has reasonable cause to believe that any service furnished by a public utility is being used or will be used to disseminate information in furtherance of gambling or for gambling purposes, may give notice to the person who has contracted with or is applying to the public utility for such service that the Attorney General intends to seek a court order that the service contract be revoked or the application for service be denied.
(b) The notice permitted in subsection (a) of this section shall be served personally upon the person who has contracted with or is applying to the public utility for the service. If personal service is not reasonably possible, the notice may be posted in a conspicuous place on the premises to which the service is furnished. The notice shall specify the time and place where the hearing will be held, and the court before which it will be held.
(c) A hearing shall be held in the Superior Court at the time specified in the notice. At the hearing, evidence bearing on the use of the public utility service in question may be presented by the State and by or on behalf of the person who has contracted for or is applying for the service.
(d) If the Court, after hearing, determines that there is probable cause to believe that the service furnished by the public utility is being used or will be used to disseminate information in furtherance of gambling or for gambling purposes, it shall order that the contract to furnish the service be revoked or that the application for service be denied.
(e) No public utility shall be held liable at law or in equity for revocation of a contract, or denying an application for service, when ordered to do so as provided by this section.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 1412
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1413
Effective: January 28, 2010
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
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Subchapter VII. Offenses Against Public Health, Order and Decency
Subpart D. Offenses Involving Gambling
§ 1413. Exemption for operations of lottery under State control
The sale, lease, transport, ownership, possession, exhibition, manufacture, servicing, marketing or use of a video lottery machine, sports lottery machine, table game equipment or any equipment, supplies, information or data in connection with the operations of a lottery under State control (including the operations of a video lottery agent in accordance with Chapter 48 of Title 29) shall not be a violation of §§ 1401-1412 of this title.
CREDIT(S)
Added by 77 Laws 2010, ch. 219, § 27, eff. Jan. 28, 2010.
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1421
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
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Subchapter VII. Offenses Against Public Health, Order and Decency
Subpart D. Offenses Involving Gambling
§ 1421. Obstructions; service of notice
If the Attorney General finds that access to a building, apartment or place, which the Attorney General has reasonable cause to believe is resorted to for the purpose of gambling in violation of the laws of this State, is barred by an obstruction, the Attorney General shall cause to be served in the manner provided by law for service of civil summons upon the occupant or owner a notice to appear before the Superior Court and to show cause why the unusual obstructions should not be removed.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 1421
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1422
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
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Subchapter VII. Offenses Against Public Health, Order and Decency
Subpart D. Offenses Involving Gambling
§ 1422. Posting of notice
If the occupant or owner cannot be found, the prescribed notice shall be posted upon the outside of the premises.
CREDIT(S)
58 Laws 1972, ch. 497, § 1.
Codifications: 11 Del.C. 1953, § 1422
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1423
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
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Part I. Delaware Criminal Code
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Subchapter VII. Offenses Against Public Health, Order and Decency
Subpart D. Offenses Involving Gambling
§ 1423. Contents of notice
The notice which is served personally upon the occupant or owner or is posted upon the outside of the premises shall in all cases designate the name of the Court in which the rule will be heard, and shall further contain the time and the date upon which the rule will be brought on for hearing.
CREDIT(S)
58 Laws 1972, ch. 497, § 1.
Codifications: 11 Del.C. 1953, § 1423
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1424
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VII. Offenses Against Public Health, Order and Decency
Subpart D. Offenses Involving Gambling
§ 1424. Hearing
At the time stated in the notice, a hearing shall be held in the Superior Court. At the hearing, evidence bearing on the matter may be presented by the State and by or on behalf of the person served with the notice or alleged to be the occupant or owner of the premises. The Court may grant a continuance if it is reasonably necessary in order that all relevant evidence may be heard.
CREDIT(S)
58 Laws 1972, ch. 497, § 1.
Codifications: 11 Del.C. 1953, § 1424
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1425
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
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Subchapter VII. Offenses Against Public Health, Order and Decency
Subpart D. Offenses Involving Gambling
§ 1425. Findings of Court; order for removal
If the Court, after a hearing upon the requisite matters, finds that there is reasonable cause to believe that the premises are resorted to for the purpose of gambling and that access is barred by an obstruction, the Court shall order the occupant or owner to remove the obstruction.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 59 Laws 1973, ch. 203, §§ 26, 31.
Codifications: 11 Del.C. 1953, § 1425
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1426
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VII. Offenses Against Public Health, Order and Decency
Subpart D. Offenses Involving Gambling
§ 1426. Official removal upon noncompliance with removal order
In the event that the obstructions are not removed within a period of 7 days after the order for removal, the Attorney General shall cause the obstructions to be removed from the premises or place.
CREDIT(S)
58 Laws 1972, ch. 497, § 1.
Codifications: 11 Del.C. 1953, § 1426
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1427
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VII. Offenses Against Public Health, Order and Decency
Subpart D. Offenses Involving Gambling
§ 1427. Collection of removal expenses; status of contractor; amount of lien
The expenses of a removal under § 1426 of this title shall be collected by the Attorney General in the manner provided by law for the filing and collection of a mechanic's lien.
CREDIT(S)
58 Laws 1972, ch. 497, § 1.
Codifications: 11 Del.C. 1953, § 1427
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1428
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VII. Offenses Against Public Health, Order and Decency
Subpart D. Offenses Involving Gambling
§ 1428. Maintaining an obstruction; class A misdemeanor; a violation
A person is guilty of maintaining an obstruction when, being the owner or occupant of a building or other place from which an obstruction has been removed as provided in §§ 1421-1427 of this title, the person again erects or permits the erection of an obstruction.
Maintaining an obstruction is a violation unless the accused has been convicted of the same offense within the previous 2 years, in which case it is a class A misdemeanor. The section does not limit the power of the State to seek the removal of the obstruction as provided in §§ 1421-1427 of this title.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 1428
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1431
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VII. Offenses Against Public Health, Order and Decency
Subpart D. Offenses Involving Gambling
§ 1431. Telephone messages received or overheard by police as evidence
In any prosecution for a gambling offense, evidence that a police officer, when making an arrest for a gambling offense, received or overheard telephone messages intended for the accused or an associate of the accused which tend to prove that gambling activity was being conducted is admissible. The gathering and disclosure of such evidence, including the contents of the telephone messages received or overheard, does not violate any law of this State.
CREDIT(S)
58 Laws 1972, ch. 497, § 1.
Codifications: 11 Del.C. 1953, § 1431
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1432
Effective:[See Text Amendments]
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VII. Offenses Against Public Health, Order and Decency
Subpart D. Offenses Involving Gambling
§ 1432. Gambling; definitions
(a) "Call service" means the furnishing of information upon request therefor or by prearrangement over general telegraphic, telephonic or teletypewriter exchange or toll service.
(b) "Dissemination" means the act of transmitting, distributing, advising, spreading, communicating, conveying or making known.
(c) "Gambling device" means any device, machine, paraphernalia or equipment which is used or usable in the playing phases of any gambling activity, whether the activity consists of gambling between persons or gambling by a person involving the playing of a machine. Lottery tickets, policy slips and other items used in the playing phases of lottery and policy schemes are not gambling devices.
(d) "Gambling offense" means any offense defined in §§ 1401-1431 of this title.
(e) "Private wire" means service equipment, facilities, conduits, poles, wires, circuits, systems by means of which service is furnished for communication purposes, either through the medium of telephone, telegraph, Morse, teletypewriter, loudspeaker or any other means, or by which the voice or electrical impulses are sent over a wire, and which services are contracted for or leased for services between 2 or more points specifically designated, and are not connected to or available for general telegraphic, telephonic or teletypewriter exchange or toll service, and includes such services known as "special contract leased wire service," "leased line," "private line," "private system," "Morse line," "private wire," but does not include the usual and customary telephone or teletypewriter service by which the subscriber may be connected at each separate call to any other telephone or teletypewriter designated by the subscriber only through the general telephone or teletypewriter exchange system or toll service.
(f) "Public utility" means a person, partnership, association or corporation owning or operating in this State equipment or facilities for conveying or transmitting messages or communications by telephone or telegraph to the public for compensation.
(g) "Obstruction" means a door, window, shutter, screen bar or grating of unusual strength, or any unnecessary number of doors, windows or obstructions other than what is usual and ordinary in the normal or usual use of a building, apartment or place, by which access to any building, apartment or place is barred.
(h) "Slot machine" means a gambling device which, as a result of the insertion of a coin or other object, operates, either completely automatically or with the aid of a physical act by the player, in such manner that, depending upon elements of chance, it may eject something of value.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.
Codifications: 11 Del.C. 1953, § 1432
Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.
11 Del.C. § 1441
Effective: February 3, 2010
West's Delaware Code Annotated Currentness
Title 11. Crimes and Criminal Procedure
Part I. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VII. Offenses Against Public Health, Order and Decency
Subpart E. Offenses Involving Deadly Weapons and Dangerous Instruments
§ 1441. License to carry concealed deadly weapons
(a) A person of full age and good moral character desiring to be licensed to carry a concealed deadly weapon for personal protection or the protection of the person's property may be licensed to do so when the following conditions have been strictly complied with:
(1) The person shall make application therefor in writing and file the same with the Prothonotary of the proper county, at least 15 days before the then next term of the Superior Court, clearly stating that the person is of full age and that the person is desirous of being licensed to carry a concealed deadly weapon for personal protection or protection of the person's property, or both, and also stating the person's residence and occupation. The person shall submit together with such application all information necessary to conduct a criminal history background check. The Superior Court may conduct a criminal history background check pursuant to the procedures set forth in Chapter 85 of Title 11 for the purposes of licensing any person pursuant to this section.
(2) At the same time the person shall file, with the Prothonotary, a certificate of 5 respectable citizens of the county in which the applicant resides at the time of filing the application. The certificate shall clearly state that the applicant is a person of full age, sobriety and good moral character, that the applicant bears a good reputation for peace and good order in the community in which the applicant resides, and that the carrying of a concealed deadly weapon by the applicant is necessary for the protection of the applicant or the applicant's property, or both. The certificate shall be signed with the proper signatures and in the proper handwriting of each such respectable citizen.
(3) Every such applicant shall file in the office of the Prothonotary of the proper county the application verified by oath or affirmation in writing taken before an officer authorized by the laws of this State to administer the same, and shall under such verification state that the applicant's certificate and recommendation were read to or by the signers thereof and that the signatures thereto are in the proper and genuine handwriting of each. Prior to the issuance of an initial license the person shall also file with the Prothonotary a notarized certificate signed by an instructor or authorized representative of a sponsoring agency, school, organization or institution certifying that the applicant: (i) has completed a firearms training course which contains at least the below described minimum elements; and (ii) is sponsored by a federal, state, county or municipal law enforcement agency, a college, a nationally recognized organization that customarily offers firearms training, or a firearms training school with instructors certified by a nationally recognized organization that customarily offers firearms training. The firearms training, course shall include the following elements:
a. Instruction regarding knowledge and safe handling of firearms;
b. Instruction regarding safe storage of firearms and child safety;
c. Instruction regarding knowledge and safe handling of ammunition;
d. Instruction regarding safe storage of ammunition and child safety;
e. Instruction regarding safe firearms shooting fundamentals;
f. Live fire shooting exercises conducted on a range, including the expenditure of a minimum of 100 rounds of ammunition;
g. Identification of ways to develop and maintain firearm shooting skills;
h. Instruction regarding federal and state laws pertaining to the lawful purchase, ownership, transportation, use and possession of firearms;
i. Instruction regarding the laws of this State pertaining to the use of deadly force for self defense; and
j. Instruction regarding techniques for avoiding a criminal attack and how to manage a violent confrontation, including conflict resolution.
(4) At the time the application is filed, the applicant shall pay a fee of $65 to the Prothonotary issuing the same.
(5) The license issued upon initial application shall be valid for 3 years. On or before the date of expiration of such initial license, the licensee, without further application, may renew the same for the further period of 5 years upon payment to the Prothonotary of a fee of $65, and upon filing with said Prothonotary an affidavit setting forth that the carrying of a concealed deadly weapon by the licensee is necessary for personal protection or protection of the person's property, or both, and that the person possesses all the requirements for the issuance of a license and may make like renewal every 5 years thereafter; provided, however, that the Superior Court, upon good cause presented to it, may inquire into the renewal request and deny the same for good cause shown. No requirements in addition to those specified in this paragraph may be imposed for the renewal of a license.
(b) The Prothonotary of the county in which any applicant for a license files the same shall cause notice of every such application to be published once, at least 10 days before the next term of the Superior Court. The publication shall be made in a newspaper of general circulation published in the county. In making such publication it shall be sufficient for the Prothonotary to do the same as a list in alphabetical form stating therein simply the name and residence of each applicant respectively.
(c) The Prothonotary of the county in which the application for license is made shall lay before the Superior Court, at its then next term, all applications for licenses, together with the certificate and recommendation accompanying the same, filed in the Prothonotary's office, on the 1st d