11 Del. C. § 882 — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 882
§ Â
        882. Bribe receiving; class A misdemeanor.
Status: in_force

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.
11 Del. C. § 1251 — Delaware Code / Title 11 / Chapter 5 / Subchapter VI / Section 1251
§ Â
        1251. Escape in the third degree; class A misdemeanor.
Status: in_force

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.
11 Del. C. § 521 — Delaware Code / Title 11 / Chapter 5 / Subchapter I / Section 521
§ Â
        521. Conspiracy.
Status: in_force

(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.
11 Del. C. § 1902 — Delaware Code / Title 11 / Chapter 19 / Subchapter I / Section 1902
§ Â
        1902. Questioning and detaining suspects.
Status: in_force

(a) A peace officer may stop any person abroad, or in a public place, who the officer has reasonable ground to suspect is committing, has committed or is about to commit a crime, and may demand the person’s name, address, business abroad and destination.

(b) Any person so questioned who fails to give identification or explain the person’s actions to the satisfaction of the officer may be detained and further questioned and investigated.

(c) The total period of detention provided for by this section shall not exceed 2 hours. The detention is not an arrest and shall not be recorded as an arrest in any official record. At the end of the detention the person so detained shall be released or be arrested and charged with a crime.
11 Del. C. § 9604 — Delaware Code / Title 11 / Chapter 96 / Subchapter I / Section 9604
§ Â
        9604. Cooperation of other state agencies and governments; reimbursement of expenses.
Status: in_force

Each state agency shall cooperate with the Attorney General in carrying out the provisions of this subchapter and may provide, on a reimbursable basis, such personnel and services as the Attorney General may request in carrying out those provisions.
11 Del. C. § 911 — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 911
§ Â
        911. Fraudulent conveyance of public lands; class G felony.
Status: in_force

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.
11 Del. C. § 9616A — Delaware Code / Title 11 / Chapter 96 / Subchapter II / Section 9616A
§ Â
        9616A. Publicly posting or displaying program participantâs actual address, telephone number, or image on the Internet.
Status: in_force

(a) No person shall post or display publicly on the Internet, or solicit, sell, or trade on the Internet, the actual address, telephone number, or image of a program participant with the intent to do either of the following:

(1) Incite another person to imminently use that information to commit a crime involving violence or a threat of violence against, or to cause bodily harm to, the program participant identified in the posting or display, or any member of the program participant’s household.

(2) Threaten the program participant identified in the posting or display, or any member of the program participant’s household, in a manner that places the person or persons threatened in objectively reasonable fear for their personal safety.

(b) No person shall post or display publicly on the Internet the actual address or telephone number of a program participant if that program participant, a parent or guardian of that program participant if the program participant is a minor, or a person holding power of attorney for the program participant if the program participant is an incapacitated adult individual, has made a written demand of that person not to disclose the program participant’s actual address or telephone number. A written demand made under this subsection shall include a sworn statement declaring that the program participant is subject to the protection of this subchapter and describing a reasonable fear for the safety of that program participant or any member of the program participant’s household, based on a violation of subsection (a) of this section. A written demand made under this subsection shall be effective for 3 years even if the program participant’s certification is withdrawn or canceled, or the program participant’s participation is otherwise terminated, before the end of the 3-year period. This subsection shall not apply to a person defined in § 4320(4) of Title 10.

(c) An interactive computer service or access software provider, as defined in 47 U.S.C. § 230(f), shall not be liable under this section unless the interactive computer service or access software provider intends to abet or cause bodily harm that is likely to occur or threatens to cause bodily harm to a program participant or any person residing at or regularly present at the same actual address.
11 Del. C. § 1256 — Delaware Code / Title 11 / Chapter 5 / Subchapter VI / Section 1256
§ Â
        1256. Promoting prison contraband; class F felony; class A misdemeanor.
Status: in_force

(a) 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.

(b) Promoting prison contraband is a class A misdemeanor. However, promoting prison contraband is a class F felony if any of the following applies:

(1) The prison contraband is a deadly weapon, cellular telephone, or any prohibited electronic device not specifically authorized or approved by the Commissioner or designee, any illegal narcotic or look-a-like substance, or any prescription medication, or any item or article that could be used to facilitate an escape.

(2) An unmanned aircraft system is used to deliver or attempt to deliver any of the following into a detention facility

a. Contraband, as defined by § 1258 of this title.

b. Any of the contraband listed in paragraph (b)(1) of this section.
11 Del. C. § 8605 — Delaware Code / Title 11 / Chapter 86 / Section 8605
§ Â
        8605. Rules and regulations.
Status: in_force

The Board shall have the power and authority to promulgate rules and regulations to insure compliance with this chapter not inconsistent with Chapter 85 of this title.
11 Del. C. § 614 — Delaware Code / Title 11 / Chapter 5 / Subchapter II / Section 614
§ Â
        614. Abuse of a sports official; class G felony; class A misdemeanor.
Status: in_force

(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/or immediately after the sporting event.

(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/or attending any organized sporting event for a period of not less than 3 months nor more than 12 months.

(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.
11 Del. C. § 2305 — Delaware Code / Title 11 / Chapter 23 / Subchapter I / Section 2305
§ Â
        2305. Objects of search warrant.
Status: in_force

A warrant may authorize the search of any person, house, building, conveyance, place or other things for any of the following:

(1) Papers, articles or things of any kind which were instruments of or were used in a criminal offense, the escape therefrom or the concealment of said offense or offenses;

(2) Property obtained in the commission of a crime, whether the crime was committed by the owner or occupant of the house, building, place or conveyance to be searched or by another;

(3) Papers, articles, or things designed to be used for the commission of a crime and not reasonably calculated to be used for any other purpose;

(4) Papers, articles or things the possession of which is unlawful;

(5) Papers, articles or things which are of an evidentiary nature pertaining to the commission of a crime or crimes;

(6) Persons for whom a warrant of arrest has been issued.
11 Del. C. § 2022 — Delaware Code / Title 11 / Chapter 20 / Subchapter II / Section 2022
§ Â
        2022. Deceptive tactics prohibited.
Status: in_force

(a) Deceptive tactics in a custodial interrogation of a person under 18 years of age are prohibited.

(b) (1) Except as provided in paragraphs (b)(2) and (b)(3) of this section, a statement of a person, who at the time of the interrogation was under 18 years of age, is inadmissible in any criminal or delinquency court proceeding if it was made during a custodial interrogation in which deceptive tactics were used. An inadmissible statement under this subsection shall have no effect on the admissibility of evidence obtained as a result of the statement if the evidence would have been discovered through independent lawful means or if knowledge of the evidence was acquired through an independent source.

(2) A statement that is otherwise inadmissible under paragraph (b)(1) of this section may be admitted if the State proves by a preponderance of the evidence that the statement is reliable and was not induced by the use of deceptive tactics.

(3) A statement that is otherwise inadmissible under this section may be admitted to impeach the defendant, if the State proves by a preponderance of the evidence that the statement is reliable and not induced by the use of deceptive tactics.
11 Del. C. § 9103 — Delaware Code / Title 11 / Chapter 91 / Section 9103
§ Â
        9103. Distribution of moneys.
Status: in_force

(a) Every person, firm, corporation, partnership, association or other legal entity contracting with any person or the representative or assignee of any person convicted of a crime in this State, with respect to the reenactment of such crime, by way of a movie, book, magazine article, tape recording, phonograph record, radio or television presentation, live entertainment of any kind, or from the expression of such convicted person’s thoughts, feelings, opinions or emotions regarding such crime if such expression represents the primary contents of a movie, book, magazine article, tape recording, phonograph record, radio or television presentation, or live entertainment of any kind, shall submit a copy of such contract to the Board and pay over to the Board any moneys which would otherwise, by terms of such contract, be owing to the person convicted or the person’s representatives. The Board shall deposit such moneys in an escrow account for the benefit of and payable to any victim or the legal representative of any victim of crimes committed by such convicted person, provided that such victim, or the legal representative of any such victim, within 5 years from the establishment of such escrow account, brings a civil action in a court of competent jurisdiction and recovers a money judgment for damages against such person or the person’s representatives.

(b) The Board, at least once every 6 months for 5 years from the date it receives such moneys, shall cause to have published a legal notice in a newspaper or newspapers of general circulation in the county wherein the crime was committed, and in the county contiguous to such county, advising such victims that such escrow accounts are available to satisfy money judgments pursuant to this chapter. The Board may, in its discretion, provide for such additional notice as it deems necessary.

(c) Upon a showing by any convicted person that 5 years have elapsed from the date of establishment of such escrow account, and further that no actions are pending against such convicted person pursuant to this chapter, the Board shall immediately pay over any moneys in such escrow account to such person or the person’s legal representatives.

(d) Notwithstanding the foregoing provision of this chapter, the Board shall make payments from an escrow account to any person convicted of crime upon order of any court of competent jurisdiction after a showing by such person that such moneys shall be used for the exclusive purpose of retaining legal representation at any stage of the criminal proceeding against such person, including the appeals process. The Board may in its discretion and after notice to victims of the crime make payments from the escrow account to a representative of any person convicted of a crime for the necessary fees and expenses incident to the generation and procurement of the moneys paid into the escrow account, provided the Board finds that such payments would be in the best interest of the victims of the crime and would not be contrary to public policy. The total of all payments made from the escrow account under this subsection shall not exceed one fifth of the total moneys paid into the escrow account and available to satisfy civil money judgments obtained by victims of the crime.

(e) Any action taken by any person convicted of a crime, whether by way of execution of a power of attorney, creation of corporate entities or otherwise, to defeat the purpose of this chapter, shall be null and void as against the public policy of this State.

(f) For purposes of this chapter, notwithstanding any other provision of the Delaware Code, claims on moneys in the escrow account shall have the following priorities:

(1) Payments ordered by the Board or a court pursuant to subsection (d) of this section.

(2) Judgments obtained by the Division of Revenue, State of Delaware, against the convicted person pursuant to Chapter 5 of Title 30.

(3) Subrogation claims of the State in an amount not to exceed one third of the net amount of the civil judgment obtained by a victim which is payable directly to the victim from the escrow account.

(4) Civil judgments of the crime victims.

(5) Other judgment creditors or persons claiming moneys through the person convicted of a crime who present lawful claims, including local government tax authorities.

(6) The person convicted of the crime.

(g) The Board may bring an action in a court of competent jurisdiction for a declaratory judgment where it cannot determine the priority of claims and the proper distribution of any escrow account.

(h) Moneys in an escrow account shall not be subject to execution, levy, attachment or lien except in accordance with the priority of claims established in this chapter.
11 Del. C. § 8405 — Delaware Code / Title 11 / Chapter 84 / Section 8405
§ Â
        8405. Mandatory training; exceptions.
Status: repealed

(a) Except as provided in subsection (e) of this section, every municipality or other governmental unit of this State employing or intending to employ police officers shall require their attendance at an approved school. Every such municipality, other governmental unit or the University of Delaware or Delaware State University shall require that no person be given or accept an appointment as a police officer unless such person has successfully completed the required police training and education course at an approved school.

(b) [Repealed.]

(c) All police officers and all persons seeking permanent appointment as a police officer shall undergo training to assist them in identifying symptoms of mental illness, mental disability, and/or physical disability and in responding appropriately to situations involving persons having a mental illness, mental disability, and/or physical disability. The training must include instruction concerning the interaction between police officers and minors that have a mental illness, mental disability and/or physical disability.

(d) A component of training for all persons enrolled in an approved school must be a course in the detection, prosecution, and prevention of sexual assault. Such evidence-based training must be victim-centered, and trauma-informed.

(e) [Repealed.]
11 Del. C. § 2021 — Delaware Code / Title 11 / Chapter 20 / Subchapter II / Section 2021
§ Â
        2021. Definitions.
Status: in_force

As used in this subchapter:

(1) “Custodial interrogation” means as defined in § 2002 of this title.

(2) “Deceptive tactics” means stating evidence presently exists, knowing that it does not, or communicating promises of leniency in sentencing, charging, or pretrial release in order to induce a confession or other incriminating evidence.

(3) “Law-enforcement officer” means as defined in § 2002 of this title.
11 Del. C. § 847 — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 847
§ Â
        847. Theft, extortion; claim of right as an affirmative defense.
Status: in_force

(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.
11 Del. C. § 2527 — Delaware Code / Title 11 / Chapter 25 / Subchapter I / Section 2527
§ Â
        2527. Preservation of rights of State.
Status: in_force

Nothing in this subchapter shall be deemed to constitute a waiver by this State of its right, power or privilege to try such demanded person for crime committed within this State, or of its right, power or privilege to regain custody of such person by extradition proceedings or otherwise for the purpose of trial, sentence or punishment for any crime committed within this State, nor shall any proceedings had under this subchapter which result in, or fail to result in, extradition be deemed a waiver by this State of any of its rights, privileges or jurisdiction in any way whatsoever.
11 Del. C. § 804 — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 804
§ Â
        804. Reckless burning or exploding; class A misdemeanor.
Status: in_force

(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.
11 Del. C. § 4220 — Delaware Code / Title 11 / Chapter 42 / Section 4220
§ Â
        4220. Modification, suspension or reduction of sentence for substantial assistance.
Status: in_force

(a) The Attorney General may move the sentencing court to modify, reduce or suspend the sentence of any person who is convicted of any crime or offense specified in this Code, and who provides substantial assistance in the identification, arrest or prosecution of any other person for a crime or offense specified in this Code, in the laws of the United States, or any other state or territory of the United States.

(b) Upon good cause shown, any motion made pursuant to subsection (a) of this section may be filed and heard in camera.

(c) The provisions of § 4204(d) or § 4217 of this title, any court rule or any other provision of law to the contrary notwithstanding, a judge of the court that is imposing or that has imposed a sentence, upon hearing a motion filed pursuant to subsection (a) of this section, may modify, reduce or suspend that sentence, including any minimum or mandatory sentence, or a portion thereof, if the court finds that the person rendered such substantial assistance.
11 Del. C. § 5918 — Delaware Code / Title 11 / Chapter 59 / Section 5918
§ Â
        5918. Records of warrants and bonds.
Status: in_force

All traffic and criminal warrants and bonds shall be retained of record in the Justice of the Peace Court that issued same. A justice of the peace shall certify transcripts of such records to be a true copy of the original.
11 Del. C. § 9408 — Delaware Code / Title 11 / Chapter 94 / Subchapter I / Section 9408
§ Â
        9408. Prompt return of property [Transferred].
Status: in_force

Transferred to § 9403 of this title by 85 Del. Laws, c. 142, § 1, effective Aug. 20, 2025.
11 Del. C. § 3508 — Delaware Code / Title 11 / Chapter 35 / Subchapter I / Section 3508
§ Â
        3508. Rape â Sufficiency of evidence; proceedings in camera.
Status: in_force

(a) In any prosecution for the crime of any degree of rape, unlawful sexual intercourse, unlawful sexual penetration or unlawful sexual contact; an attempt to commit any degree of rape, unlawful sexual intercourse, unlawful sexual penetration or unlawful sexual contact, if such attempt conforms to § 531 of this title; solicitation for the crime of any degree of rape, unlawful sexual intercourse, unlawful sexual penetration or unlawful sexual contact, if such offense conforms to § 502 of this title; or conspiracy to commit any degree of rape, unlawful sexual intercourse, unlawful sexual penetration or unlawful sexual contact, if such offense conforms to § 512 of this title, if evidence of the sexual conduct of the complaining witness is offered to attack the credibility of the complaining witness the following procedure shall be followed:

(1) The defendant shall make a written motion to the court and prosecutor stating that the defense has an offer of proof concerning the relevancy of evidence of the sexual conduct of the complaining witness which the defendant proposes to present, and the relevancy of such evidence in attacking the credibility of the complaining witness.

(2) The written motion shall be accompanied by an affidavit in which the offer of proof shall be stated.

(3) If the court finds that the offer of proof is sufficient, the court shall order a hearing out of the presence of the jury, if any, and at such hearing allow the questioning of the complaining witness regarding the offer of proof made by the defendant.

(4) At the conclusion of the hearing, if the court finds that evidence proposed to be offered by the defendant regarding the sexual conduct of the complaining witness is relevant, and is not inadmissible, the court may issue an order stating what evidence may be introduced by the defendant, and the nature of the questions to be permitted. The defendant may then offer evidence pursuant to the order of the court.

(b) As used in this section, “complaining witness” shall mean the alleged victim of any degree of rape, unlawful sexual intercourse, unlawful sexual penetration or unlawful sexual contact, any degree of attempted rape, attempted unlawful sexual intercourse, attempted unlawful sexual penetration or attempted unlawful sexual contact, conspiracy or assault.
11 Del. C. § 1445 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1445
§ Â
        1445. Unlawfully dealing with a dangerous weapon; unclassified misdemeanor; Class E or G felony.
Status: repealed

(a) A person is guilty of unlawfully dealing with a dangerous weapon when:

(1) The person, who is not a qualified law-enforcement officer, possesses, sells, or in any manner has control of any of the following:

a. A weapon which by compressed air or by spring discharges or projects a pellet, slug or bullet, except a BB gun, paintball gun, or air gun which does not discharge or project a pellet or slug larger than a .177 caliber shot.

b. A pellet, slug or bullet, intending that it be used in any weapon prohibited by paragraph (a)(1)a. of this section

(2) The person sells, gives or otherwise transfers to a child under 16 years of age a BB gun, BB shot, or projectile weapon, unless the person is that child’s parent or guardian, or unless the person first receives the permission of said parent or guardian.

(3) Being a parent, the person permits the person’s child under 16 years of age to have possession of a BB gun or projectile weapon, unless under the direct supervision of a person 21 years of age or older.

(4) The person sells, gives or otherwise transfers to a person under 21 years of age a firearm or ammunition for a firearm, unless permitted by § 1448 of this title.

(5) The person sells, gives or otherwise transfers a firearm or projectile weapon to any person knowing that said person intends to commit any felony, class A misdemeanor or drug related criminal offense while in possession of the firearm or projectile weapon.

(6) [Repealed.]

(b) As used in this section, “qualified law-enforcement officer” means as defined in § 1441A of this title.

(c) Unlawfully dealing with a dangerous weapon is an unclassified misdemeanor, unless the person is convicted under paragraph (a)(4) of this section, in which case it is a class G felony, or unless the person is convicted under paragraph (a)(5) of this section, in which case it is a class E felony.

(d) The Superior Court has exclusive jurisdiction over a violation of paragraphs (a)(3) and (a)(6) [repealed] of this section.
11 Del. C. § 2104 — Delaware Code / Title 11 / Chapter 21 / Section 2104
§ Â
        2104. Release of defendants charged with any other crime [Effective until July 1, 2026].
Status: in_force

(a) Any person who is arrested and charged with any crime other than a capital crime shall be released upon execution of 1 of the following:

(1) A conditions of release bond.

(2) A conditions of release bond not guaranteed by financial terms in an amount specified by the court.

(3) A conditions of release bond guaranteed by financial terms, the amount of the bond and the nature of the surety to be determined by the court.

(4) A conditions of release bond guaranteed by financial terms secured by cash only, the amount of the bond to be determined by the court.

(b) The court shall impose the following conditions of release for any defendant released on bail:

(1) Require the defendant to return to the court at any time upon notice and submit to the orders and processes of the court.

(2) Prohibit the defendant from committing any criminal offense.

(c) The court may also impose 1 or more of the conditions of release set forth in § 2108 of this title when such conditions are necessary to provide a reasonable assurance of the appearance of the defendant at court proceedings, the protection of the community, victims, witnesses, or any other person, and to maintain the integrity of the judicial process.

(d) The court shall memorialize pretrial release decisions by written order specifying conditions of release and informing the defendant of the possible consequences for violating the conditions of release.

(e) (1) The determination of whether the defendant shall be released under paragraph (a)(1), (a)(2), (a)(3), or (a)(4) of this section and the conditions (other than the mandatory conditions in paragraph (b) of this section above) of the release shall be in the discretion of the court subject to this chapter. When making a release determination, or imposing conditions set forth in § 2108 of this title, the court shall use an empirically developed risk assessment instrument, if available, designed to improve pretrial release decisions by assessing defendant’s likelihood of pretrial success. In circumstances involving suspected domestic or intimate partner violence, the judicial officer shall also consider the results, if available, of an instrument designed to assess the likelihood or predicted severity of future violence against the alleged victim. Any such risk assessment tools are not binding on the court. They are factors to be considered in the totality of the circumstances in determining the conditions of release imposed upon the defendant. The judicial officer may consider any other facts and circumstances regarding a defendant’s likelihood of pretrial success and the protection of the victim, witnesses, and any other person.

(2) The Statistical Analysis Center shall provide the court with a report of rates of re-arrest and failure to appear as required by defendants released by the court.

(f) Any defendant released from custody pursuant to this chapter who later:

(1) Tenders to the Superior Court a plea of guilty or nolo contendere to any felony for which a mandatory, minimum, minimum mandatory or mandatory minimum period of incarceration is required; or

(2) Is convicted upon a verdict of guilty of any felony for which a mandatory, minimum, minimum mandatory or mandatory minimum period of incarceration is required,

shall immediately be remanded to the custody of the Department of Correction, and shall be incarcerated until the sentence for that felony is imposed. The provisions of this subsection shall not apply to pleas or convictions for any felony set forth in Title 21.(a) Any person who is arrested and charged with any crime other than a capital crime shall be released upon execution of 1 of the following:

(1) A conditions of release bond.

(2) A conditions of release bond not guaranteed by financial terms in an amount specified by the court.

(3) A conditions of release bond guaranteed by financial terms, the amount of the bond and the nature of the surety to be determined by the court.

(4) A conditions of release bond guaranteed by financial terms secured by cash only, the amount of the bond to be determined by the court.

(b) The court shall impose the following conditions of release for any defendant released on bail:

(1) Require the defendant to return to the court at any time upon notice and submit to the orders and processes of the court.

(2) Prohibit the defendant from committing any criminal offense.

(c) The court may impose 1 or more of the conditions of release under § 2108 of this title when the conditions are necessary to do any of the following:

(1) Reasonably assure the appearance of the defendant at court proceedings.

(2) Reasonably assure the protection of the community, victims, witnesses, or any other person.

(3) Reasonably maintain the integrity of the judicial process, such that the defendant will not obstruct or attempt to obstruct justice.

(d) The court shall memorialize pretrial release decisions by written order specifying conditions of release and informing the defendant of the possible consequences for violating the conditions of release.

(e) (1) Subject to this chapter, the determination of whether the defendant is to be released under paragraph (a)(1), (a)(2), (a)(3), or (a)(4) of this section and the conditions of the defendant’s release, other than the mandatory conditions under subsection (b) of this section, are in the discretion of the court.

a. When making a release determination, or imposing conditions set forth in § 2108 of this title, the court shall use, if available, an empirically developed risk assessment instrument designed to improve pretrial release decisions by assessing defendant’s likelihood of pretrial success.

b. In circumstances involving suspected domestic or intimate partner violence, the court shall also consider the results of an instrument designed to assess the likelihood or predicted severity of future violence against the alleged victim, if available.

c. The risk assessment tools under paragraphs (e)(1)a. and (e)(1)b. of this section are not binding on the court. The risk assessment tools are factors to be considered in the totality of the circumstances in determining the conditions of release imposed upon the defendant.

d. The court may consider any other facts and circumstances regarding a defendant’s likelihood of pretrial success and the protection of the victim, witnesses, and any other person.

(2) [Repealed.]

(f) (1) Any defendant released from custody under this chapter to whom any of the following applies must immediately be remanded to the custody of the Department of Correction, and must be incarcerated until the sentence for that felony is imposed:

a. Has tendered to the Superior Court a plea of guilty or nolo contendere to any felony for which a mandatory, minimum, minimum mandatory or mandatory minimum period of incarceration is required.

b. Is convicted upon a verdict of guilty of any felony for which a mandatory, minimum, minimum mandatory or mandatory minimum period of incarceration is required.

(2) This subsection does not apply to pleas or convictions for any felony set forth in Title 21.
11 Del. C. § 1315 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1315
§ Â
        1315. Public intoxication; unclassified misdemeanor; violation.
Status: in_force

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.
11 Del. C. § 3501 — Delaware Code / Title 11 / Chapter 35 / Subchapter I / Section 3501
§ Â
        3501. Testimony of accused persons.
Status: in_force

Every person who is accused of any crime whatsoever, punishable by the laws of this State, may upon trial before any tribunal established by the Constitution or laws of this State, testify in the person’s own behalf, and may testify for or against any other person jointly tried with the person. A refusal or failure to testify shall not be construed or commented upon as an indication of guilt.
11 Del. C. § 8522 — Delaware Code / Title 11 / Chapter 85 / Subchapter I / Section 8522
§ Â
        8522. Authority to take fingerprints, photographs and other data.
Status: in_force

(a) To the end that the officers and officials described in §§ 8507, 8509, 8510 and 8525 of this title may be enabled to transmit the reports required of them, such officers and officials shall have the authority and duty to take, or cause to be taken, fingerprints, photographs and other data of persons described in such section. A like authority shall be had by employees of the Bureau who are authorized to enter any institution under § 8512 of this title, as to persons confined in such institutions.

(b) Every person arrested for a crime or crimes enumerated in § 8507 of this title shall submit to being fingerprinted, photographed and shall supply such information as required by the Superintendent. Whoever shall fail to comply with this section shall be guilty of a class A misdemeanor and shall be punished according to Chapter 42 of this title. The Justice of the Peace Court shall have jurisdiction over violations of this section.
11 Del. C. § 2548 — Delaware Code / Title 11 / Chapter 25 / Subchapter II / Section 2548
§ Â
        2548. Construction; severability.
Status: in_force

This agreement shall be liberally construed so as to effectuate its purposes. The provisions of this agreement shall be severable and if any phrase, clause, sentence or provision of this agreement is declared to be contrary to the constitution of any party state or of the United States or the applicability to any government, agency, person or circumstance is held invalid, the validity of the remainder of this agreement and the applicability to any government, agency, person or circumstance shall not be affected. If this agreement shall be held contrary to the constitution of any state party hereto, the agreement shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
11 Del. C. § 522 — Delaware Code / Title 11 / Chapter 5 / Subchapter I / Section 522
§ Â
        522. Joinder and venue in conspiracy prosecutions.
Status: in_force

(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.
11 Del. C. § 6702 — Delaware Code / Title 11 / Chapter 67 / Section 6702
§ Â
        6702. Definitions.
Status: in_force

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them herein, except where the context clearly indicates a different meaning:

(1) “Bureau” shall mean the Bureau of Prisons.

(2) “Department” shall mean the Department of Correction.
11 Del. C. § 1448D — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1448D
§ Â
        1448D. Handgun qualified purchaser permit required to purchase handguns [For application of this section, see 84 Del. Laws, c. 259, Ââ5].
Status: in_force

(a) For purposes of this section:

(1) “Director” means the Director of the State Bureau of Identification.

(2) “Handgun” means a pistol, revolver, or other firearm designed to be readily capable of being fired when held in 1 hand.

(3) “Qualified law-enforcement officer” means as defined under § 1441A(c) of this title.

(4) “Qualified retired law-enforcement officer” means as defined under § 1441B(c) of this title.

(5) “SBI” means the State Bureau of Identification within the Division of State Police.

(b) The SBI shall, on application, issue a handgun qualified purchaser permit to all of the following:

(1) A person not disqualified under subsection (f) of this section.

(2) A person who the Director determines to be 1 of the following:

a. A qualified law-enforcement officer.

b. A qualified retired law-enforcement officer.

(c) (1) A person applying for a handgun qualified purchaser permit as a qualified law-enforcement officer, as a “law-enforcement agency,” as defined under § 8584 of this title, for a handgun to be used by law-enforcement officers employed by the law-enforcement agency in the performance of the law-enforcement officers’ official duties, or a qualified retired law-enforcement officer is not subject to paragraphs (f)(1) or (f)(4) or subsection (h) of this section.

(2) A person who holds a valid license to carry concealed deadly weapons issued by the Superior Court under § 1441 of this title is not required to apply for a handgun qualified purchaser permit under this section before purchasing a handgun.

(d) (1) A person’s application for a handgun qualified purchaser permit must be in the form prescribed by the SBI and include all of the following information about the person:

a. Name.

b. Residence.

c. Employer.

d. Date of birth.

e. Sex.

f. Gender.

g. Physical description, including distinguishing physical characteristics.

h. Race.

i. Ethnicity.

j. National origin.

k. English language proficiency.

(2) An application must include a sworn, written affirmation that the person is not prohibited from possessing a firearm under § 1448 of this title or any other provision of state or federal law.

(e) Applications must be made available by the SBI and licensed dealers.

(f) Except as otherwise provided under this chapter, the Director may not issue a handgun qualified purchaser permit to any of the following:

(1) A person under the age of 21.

(2) A person who is prohibited from purchasing, owning, possessing, or controlling a deadly weapon under § 1448 of this title.

(3) If supported by probable cause, a person who poses a danger of causing physical injury to self or others by owning, purchasing, or possessing firearms.

(4) A person who, in the 5 years before the date of application, has not completed a firearms training course that 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 must consist of at least all of the following:

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.

j. Instruction regarding techniques for avoiding a criminal attack and how to manage a violent confrontation, including conflict resolution.

k. Instruction regarding suicide prevention.

(5) A person who is otherwise prohibited from purchasing or possessing firearms under the law of this State or federal law.

(g) The following persons are exempt from the training requirements of this section:

(1) Qualified law-enforcement officers;

(2) Qualified retired law-enforcement officers;

(3) Sheriffs and deputy sheriffs if otherwise qualified under this section;

(4) Persons licensed to carry a concealed deadly weapon under § 1441 of this title;

(5) Federal firearms licensees and Delaware deadly weapons dealers licensed and regulated under Chapter 9 of Title 24;

(6) Armored car guards and security personnel licensed and regulated under Chapter 13 of Title 24;

(7) Constables commissioned and regulated under Chapter 56 of Title 24;

(8) Delaware correctional officers;

(9) Members of the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard and the reserve elements thereof, including members of the Delaware National Guard;

(10) Instructors certified by the National Rifle Association of America;

(11) Persons holding a valid Delaware hunter safety certification card;

(12) Competitive shooters holding competitor classification cards issued by the National Rifle Association of America, the International Defensive Pistol Association, the International Practical Shooting Confederation, or the United States Practical Shooting Association.

(h) A person must submit an application for a handgun qualified purchaser permit to the SBI, who shall investigate the application and, unless grounds exist for the denial thereof, grant the handgun qualified purchaser permit within 30 days from the date of receipt of the application.

(1) The SBI shall take the fingerprints of each person who applies for a handgun qualified purchaser permit and compare the fingerprints with any records of fingerprints in this State. The SBI shall conduct a search of the Delaware Criminal Justice Information System to determine if the applicant is prohibited under the law of this State or federal law from purchasing or possessing a firearm. The SBI shall submit the person’s fingerprints to the Federal Bureau of Investigation with a request that a search of the National Instant Criminal Background Check System be conducted.

(2) a. In investigating the application, the SBI shall contact the local law-enforcement agencies of the county or municipality in which the person resides and inquire as to any facts and circumstances relevant to the person’s qualification for a handgun qualified purchaser permit.

b. If an applicant has resided in the applicant’s county or municipality of residence for less than 5 years, the SBI shall contact the local law-enforcement agency of each county or municipality in which the applicant has resided for the previous 5 years and inquire as to any facts and circumstances relevant to the person’s qualification for a handgun qualified purchaser permit.

(i) If the Director determines that a person does not qualify under subsection (b) of this section for a handgun qualified purchaser permit, the Director shall deny the application and notify the person, in writing, setting forth the specific reasons for the denial.

(j) (1) A handgun qualified purchaser permit is valid for a period of 2 years from the date of issuance.

(2) A handgun qualified purchaser permit must consist of a unique permit number that corresponds to information retained by the SBI and including, at minimum, the following:

a. The full name and address of the person issued the handgun qualified purchaser permit.

b. The date on which the handgun qualified purchaser permit expires.

c. Any other information required by state law.

(3) A person issued a handgun qualified purchaser permit may purchase handguns using the handgun qualified purchaser permit while the handgun qualified purchaser permit is valid.

(k) A handgun qualified purchaser permit is void if, at any time following the issuance of a handgun qualified purchaser permit, any of the following apply to a person issued the handgun qualified purchaser permit:

(1) The person becomes disqualified for any reason under subsection (f) of this section.

(2) The person is no longer a qualified law-enforcement officer or a qualified retired law-enforcement officer.

(l) (1) The Director may revoke a handgun qualified purchaser permit at any time on a finding that any of the following apply to a person issued the handgun qualified purchaser permit:

a. The person is disqualified for any reason under subsection (f) of this section.

b. The person is no longer a qualified law-enforcement officer or a qualified retired law-enforcement officer.

(2) The Director shall give written notice of revocation without unnecessary delay to the person issued the handgun qualified purchaser permit, the State Police, and local law-enforcement agencies of the county or municipality in which the person resides.

(3) If the Director has given written notice of revocation and there is probable cause to believe that the person issued the handgun qualified purchaser permit has handguns purchased with the handgun qualified purchaser permit in the person’s custody, possession, or control, the State Police or a local law-enforcement agency shall take action to ensure surrender or removal of the handguns.

(m) (1) A person aggrieved by the denial or revocation of a handgun qualified purchaser permit may request a hearing in the Justice of the Peace Court for the county in which the person resides.

a. The request for a hearing must be made in writing within 30 days of the denial of the application for the handgun qualified purchase permit or the revocation of the handgun qualified purchase permit.

b. The person shall deliver a copy of the person’s request for a hearing to the Director and any chief of police of the county or municipality in which the person resides.

c. The hearing must be held and a record made thereof within 21 days of the receipt of the application for a hearing by a Justice of the Peace.

d. A filing fee is not required to obtain a hearing.

e. The Justice of the Peace Court shall designate a simple form to initiate an appeal.

(2) The Justice of the Peace Court’s decision may be appealed to the Superior Court for a hearing de novo. The appeal must be filed within 15 days. The Superior Court shall schedule the de novo hearing within 15 days of the filing of the appeal.

(n) Not later than November 16, 2026, and annually thereafter, the Director shall submit to the House and Senate committees on the Judiciary a report that includes all of the following, with respect to the preceding year:

(1) The number of applications submitted for a handgun qualified purchaser permit, the number of handgun qualified purchase permits issued, and the number of applications denied.

(2) The number of hearings requested by applicants aggrieved by a denial or revocation of a handgun qualified purchaser permit and the disposition of those hearings.

(3) The number of handgun qualified purchaser permits revoked by the Director.

(4) The number of cases in which the State Police or a local law-enforcement agency has taken action to remove handguns purchased with a handgun qualified purchase permit that was subsequently revoked and the number of handguns recovered.

(5) Demographic data on applicants seeking a handgun qualified purchaser permit, including race, ethnicity, national origin, sex, gender, age, disability, and English language proficiency.

(6) Demographic data on applicants aggrieved by a denial or revocation for a handgun qualified purchaser permit, including race, ethnicity, national origin, sex, gender, age, disability, and English language proficiency.

(o) (1) After a permit has been issued or a denial has become final, SBI may not retain any records relating to the application or permit other than the name and date of birth of the applicant, the date the permit was issued or the denial became final, and the date of the firearms training course completed by the applicant.

(2) Applications and any other information gathered under this section are not “public records” for purposes of the Freedom of Information Act, Chapter 100 of Title 29.

(p) An individual identified under subsection (g) of this section is exempt from the training requirement only if the firearm training undertaken pursuant to their employment meets all the requirements of paragraph (f)(4) of this section.

(q) The SBI may adopt regulations to administer, implement, and enforce this section.
11 Del. C. § 234 — Delaware Code / Title 11 / Chapter 2 / Section 234
§ Â
        234. Definition of terms requiring certain sentences.
Status: in_force

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.
11 Del. C. § 1501 — Delaware Code / Title 11 / Chapter 15 / Section 1501
§ Â
        1501. Statement of purpose.
Status: in_force

The purpose of this chapter is to guard against and prevent the infiltration and illegal acquisition of legitimate economic enterprises by racketeering practices, and the use and exploitation of both legal and illegal enterprises to further criminal activities. This chapter is intended to apply to conduct beyond what is traditionally regarded as “organized crime” or “racketeering.”
11 Del. C. § 2410 — Delaware Code / Title 11 / Chapter 24 / Subchapter I / Section 2410
§ Â
        2410. Breaking and entering, etc., to place or remove equipment.
Status: in_force

Any person who breaks and enters, enters under false pretenses, or trespasses upon any premises with the intent to place, adjust or remove wiretapping or electronic surveillance or eavesdropping equipment without a court order shall be guilty of a class C felony.
11 Del. C. § 5305 — Delaware Code / Title 11 / Chapter 53 / Section 5305
§ Â
        5305. Bail and commitment upon election to trial by Court.
Status: in_force

(a) In all those cases where, by § 5303 of this title, the accused may elect to be tried by the Court, if the accused elects to be tried by the Court, the justice of the peace shall hold such accused under sufficient bail for a hearing or for accused’s appearance at the Court where the matter shall proceed as though originating in the Court by information filed.

(b) In default of bail, the person accused shall be committed to the custody of the Department of Correction to await the session of the Court.
11 Del. C. § 2306 — Delaware Code / Title 11 / Chapter 23 / Subchapter I / Section 2306
§ Â
        2306. Application or complaint for search warrant.
Status: in_force

The application or complaint for a search warrant shall be in writing, signed by the complainant and verified by oath or affirmation. It shall designate the house, place, conveyance or person to be searched and the owner or occupant thereof (if any), and shall describe the things or persons sought as particularly as may be, and shall substantially allege the cause for which the search is made or the offense committed by or in relation to the persons or things searched for, and shall state that the complainant suspects that such persons or things are concealed in the house, place, conveyance or person designated and shall recite the facts upon which such suspicion is founded.
11 Del. C. § 4131 — Delaware Code / Title 11 / Chapter 41 / Subchapter IV / Section 4131
§ Â
        4131. Animal abuse offender list; public website.
Status: in_force

(a) The Office of Animal Welfare shall create a list of adult individuals convicted of an animal abuse offense and publicly post the list on the Office of Animal Welfare’s website with information set forth in subsection (b) of this section.

(b) The list shall include all of the following:

(1) The individual’s legal name and any previously-used names, aliases, or nicknames.

(2) Date of birth.

(3) A photograph taken of the individual as part of the criminal booking process.

(4) The crime in which the individual was convicted.

(c) The list may not include any of the following:

(1) The individual’s Social Security number.

(2) The individual’s driver license number.

(3) Any other state or federal identification number.

(d) The court clerk shall forward a copy of the judgment and date of birth of all individuals convicted of an animal abuse offense to the Office of Animal Welfare within 21 calendar days of the date of judgment.

(e) The Office of Animal Welfare shall maintain the individual’s information described in subsection (b) of this section for as long as follows:

(1) Five years for an individual convicted of a misdemeanor animal abuse offense.

(2) Fifteen years for an individual convicted of a felony animal abuse offense.

(f) The Office of Animal Welfare shall remove the individual’s information described in subsection (b) of this section, provided that the individual is not convicted of another animal abuse offense during the period of time the individual was on the list.
11 Del. C. § 8709 — Delaware Code / Title 11 / Chapter 87 / Section 8709
§ Â
        8709. Executive Director; staff.
Status: in_force

The Executive Director of the Criminal Justice Council shall be appointed by and serve at the pleasure of a majority of the members of the Council. The Executive Director shall act as secretary to the Council. The Executive Director shall be paid such compensation as shall be determined by the General Assembly. The Executive Director may employ such personnel as are necessary to carry out the functions of this chapter, subject to the approval of the Council and within the limits of any appropriation made by the General Assembly.
11 Del. C. § 453 — Delaware Code / Title 11 / Chapter 4 / Section 453
§ Â
        453. Circumstances negativing consent as defense.
Status: in_force

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.
11 Del. C. § 8409 — Delaware Code / Title 11 / Chapter 84 / Section 8409
§ Â
        8409. Reimbursement [For application of this section, see 84 Del. Laws, c. 52, Â 2].
Status: in_force

(a) Every municipality or other governmental unit of this State or the University of Delaware or Delaware State University intending to employ on a permanent basis police officers who have satisfactorily completed the mandatory training as required under this chapter and who have completed their training while in the employ of another municipality or another governmental unit of this State or the University of Delaware or Delaware State University within 4 years from the date of satisfactory completion of such mandatory training, shall reimburse the municipality or other governmental unit or the University of Delaware or Delaware State University with whom the police officer was employed at the time of attending the mandatory training program for the cost of training such officer, which shall include the salary, uniforms and equipment and other training expenses, and all employment benefit expenses, testing, and other expenses, such as medical testing, and ammunition, required to attend the police academy, incurred while the officer was attending the mandatory training program. During the first year after completion of the mandatory training program the municipality or other governmental unit or the University of Delaware or Delaware State University by whom the police officer was employed at the time of attending the mandatory training program shall be reimbursed $40,000 for those expenses. During the second year the municipality or other governmental unit shall be reimbursed $30,000 for those expenses. During the third year the municipality or other government unit shall be reimbursed $20,000 for those expenses. During the fourth year the municipality or other government unit shall be reimbursed $10,000 for those expenses.

(b) After November 7, 2022, the 4-year time period described in subsection (a) of this section shall be determined as follows:

(1) The start of the 4-year time period shall be the date the employee graduates from the police academy.

(2) The end of the 4-year time period shall be the last day the employee works for the employer who is seeking reimbursement.
11 Del. C. § 2519 — Delaware Code / Title 11 / Chapter 25 / Subchapter I / Section 2519
§ Â
        2519. Persons under criminal prosecution.
Status: in_force

If a criminal prosecution has been instituted against such person under the laws of this State and is still pending, the Governor, in the Governor’s discretion, either may surrender the accused on demand of the executive authority of another state or hold the accused until the accused has been tried and discharged or convicted and punished in this State.
11 Del. C. § 4371 — Delaware Code / Title 11 / Chapter 43 / Subchapter VII / Section 4371
§ Â
        4371. Statement of policy.
Status: in_force

The General Assembly finds that a criminal history is a hindrance to a person’s present and future ability to obtain employment, housing, education, or credit. This subchapter is intended to protect persons from unwarranted damage which may occur when the existence of a criminal history continues indefinitely.
11 Del. C. § 8550 — Delaware Code / Title 11 / Chapter 85 / Subchapter IV / Section 8550
§ Â
        8550. Definitions.
Status: in_force

The following words, terms and phrases, when used in this subchapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(1) “Child” shall mean any person who is less than 18 years old;

(2) “Child sexual abuse” means any of the following crimes committed against a child:

a. Any sexual offense or child exploitation in violation of any offense within subchapter II, subpart D, and subchapter V of Chapter 5 of this title committed by an adult;

b. Notwithstanding § 1009 of Title 10, any adjudication of delinquency which, if the person had been charged as an adult, would constitute an offense in violation of any offense within subchapter II, subpart D, and subchapter V of Chapter 5 of this title committed by a juvenile; or

c. Any conviction, plea or adjudication of delinquency under the laws of another state, territory or jurisdiction which is the same as or equivalent to the preceding specified offenses.

(3) The term “child sex abuser information” means the following information concerning a person who has been convicted of a violation of the criminal child sex abuse laws of this State:

a. Name, Social Security number, age, race, sex, date of birth, height, weight, hair and eye color, address of legal residence and a brief description of the crime or crimes committed by the offender;

b. A copy of the fingerprints of the offender; and

c. Any information that the State Bureau of Identification, the Federal Bureau of Investigation or the National Crime Information Center determines may be useful in identifying child sex abusers;

(4) The term “criminal child sex abuse laws of this State” means those sections of the Delaware Criminal Code which establish criminal penalties for the commission of child sex abuse by a parent or other family member of a child or by any other person;

(5) “National Crime Information Center” means the division of the Federal Bureau of Investigation that serves as a computerized information source on wanted criminals, persons named in arrest warrants, runaways, missing children and stolen property for use by federal, state and local law-enforcement authorities.
11 Del. C. § 9905 — Delaware Code / Title 11 / Chapter 99 / Section 9905
§ Â
        9905. Victimsâ rights; privacy [For application of this section, see 84 Del. Laws, c. 508, Â 2].
Status: in_force

(a) Nothing in this chapter is intended to or may be used to abrogate existing laws regarding privacy or information sharing. Family Justice Center staff members, volunteers, or other individuals given access to victims and survivors or given information pertaining to victims and survivors by a Family Justice Center shall comply with the laws governing their respective professions.

(b) Victims and survivors may not be denied services on the grounds of criminal history. No criminal history search may be conducted of a victim or survivor at a Family Justice Center by staff or a partnering service provider without the written consent of the victim or survivor, except if the staff or service provider is a law-enforcement officer or other lawfully-authorized individual conducting a criminal history search pursuant to a criminal investigation.

(c) Victims and survivors may not be required to participate in the criminal justice system or cooperate with law enforcement to receive counseling, medical care, or other services at a Family Justice Center.

(d) The Family Justice Centers must maintain a victim and survivor consent policy and remain in compliance with all state and federal laws protecting the confidentiality of the types of information and documents that may be in the file pertaining to a victim or survivor, including, but not limited to, medical, legal, and victim counselor records. Each Family Justice Center shall have a designated privacy officer to develop and oversee privacy policies and procedures consistent with state and federal privacy laws and the Fair Information Practice Principles promulgated by the United States Department of Homeland Security. At no time may a victim or survivor be required to sign a client consent form to share information to access services.

(e) Each Family Justice Center must obtain informed, written, and reasonably time-limited consent from a victim or survivor before sharing information obtained from the victim or survivor with any staff member or agency partner, except as follows:

(1) A Family Justice Center is not required to obtain consent from a victim or survivor before sharing information obtained from the victim or survivor with any staff member or agency partner if the person sharing the information is a mandated reporter, a peace officer, or a member of the prosecution team and is required to report or disclose specific information or incidents. These persons shall inform the victim that they may share information obtained from the victim or survivor without the consent of the victim or survivor.

(2) Family Justice Centers must inform the victim or survivor that information shared with staff members, partner agencies, or other service providers at a Family Justice Center may be shared with law-enforcement professionals without the consent of the victim or survivor if there is a mandatory duty to report or if the victim or survivor is a danger to themself or others. Family Justice Centers must obtain written acknowledgment that the victim or survivor has been informed of this policy.

(f) Consent by a victim or survivor for sharing information within a Family Justice Center or for a limited disclosure of information by a Family Justice Center made for the purpose of clinical assessment, risk assessment, safety planning, or service delivery is not and may not be construed as a universal waiver of any existing evidentiary privilege that makes confidential any communications or documents between the victim or survivor and any service provider, including, but not limited to, any lawyer, doctor, therapist, or nurse. Any oral or written communication or any document authorized by the victim or survivor to be shared for the purposes of enhancing safety and providing more effective and efficient services to the victim or survivor may not be disclosed to any third party, unless that third-party disclosure is authorized by the victim or survivor, or required by other state or federal law or by court order.

(g) An individual staff member, volunteer, other individual service provider, or agency that has victim or survivor information obtained as a result of the use of a Family Justice Center by the victim or survivor may not be required to disclose that information unless the victim or survivor has consented to the disclosure or it is otherwise required by Delaware state or federal law or by court order.

(h) Family Justice Center staff members, volunteers, agency professionals, and other service providers must attend a formal training program created or approved by the Executive Director or a person designated by the Executive Director consisting of not less than 8 hours per year on subjects, including, but not limited to, privileges and confidentiality, information sharing, risk assessment, safety planning, victim advocacy, and high-risk case response.
11 Del. C. § 8304 — Delaware Code / Title 11 / Chapter 83 / Subchapter I / Section 8304
§ Â
        8304. Uniforms.
Status: in_force

The Superintendent of State Police shall, subject to the approval of the Department, prescribe the specifications for the standard uniforms to be used by the State Police.
11 Del. C. § 4103 — Delaware Code / Title 11 / Chapter 41 / Subchapter I / Section 4103
§ Â
        4103. Refund of fines upon reversal of conviction.
Status: in_force

(a) The State Treasurer shall remit to each person, or to the attorney of such person, who has paid a fine upon a conviction which was later set aside by a court of higher jurisdiction upon a certiorari or appeal from the lower court.

(b) The State Treasurer shall pay the refund upon proper voucher drawn by the person, or by the attorney of such person, upon whom the fine was originally imposed when the voucher is accompanied by a certificate of the Prothonotary of any of the several counties showing that the conviction of the lower court upon which the fine was imposed has been set aside by a higher court.

(c) The State Treasurer shall remit the amount of any fine or costs to each person, or the attorney of such person, who has paid a fine upon conviction before a justice of the peace, which conviction was later set aside by the same Justice of the Peace Court. The State Treasurer shall pay such refund upon proper voucher drawn by such person, or by the attorney of such person, upon whom the fine was originally imposed when the voucher is accompanied by a certified copy of the docket entries of the case in the Justice of the Peace Court showing the setting aside of the conviction, together with the certificate of the Clerk of the Justice of the Peace Court, verifying the final disposition of the case, and stating that the remittance of the fine or costs to such person is proper.

(d) The State Treasurer shall remit the amount of any fine or costs to each person, or the attorney of such person, who has paid a fine upon conviction in the Court of Common Pleas, which conviction was later set aside by the Court of Common Pleas. The State Treasurer shall pay such refund upon proper voucher drawn by such person, or by the attorney of such person, upon whom the fine was originally imposed when the voucher is accompanied by a certified copy of the docket entries of the case in the Court of Common Pleas showing the setting aside of the conviction together with the certificate of the Clerk of the Court of Common Pleas verifying the final disposition of the case and stating that the remittance of the fine or costs to such person is proper.
11 Del. C. § 467 — Delaware Code / Title 11 / Chapter 4 / Section 467
§ Â
        467. Justification â Use of force in law enforcement.
Status: in_force

(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 reasonably 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 reasonably 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 reasonably 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 reasonably 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 reasonably believed by the defendant to be valid; or

(3) When the arrest is made without a warrant, the defendant reasonably 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 reasonably 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 reasonably believes the arrest is for a felony involving physical injury or threat thereof;

(2) The defendant reasonably believes that the force employed creates no substantial risk of injury to innocent persons; and

(3) The defendant reasonably 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 reasonably 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 reasonably 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 reasonably 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 reasonably 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 reasonably 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 reasonably believes possesses superior authority or knowledge to apply the use of force; and

(2) The defendant reasonably 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 reasonably believes that there is a substantial risk that the person to be arrested will cause death or serious physical injury.
11 Del. C. § 8582 — Delaware Code / Title 11 / Chapter 85 / Subchapter VII / Section 8582
§ Â
        8582. Activation of the Gold Alert Program.
Status: in_force

(a) When a law-enforcement agency receives notice that a senior citizen, a suicidal person, a person with a disability, or a missing child is missing, the agency shall solicit information from the missing person’s family or legal guardian to provide information regarding the missing person’s physical or mental condition, or both. When the investigating law-enforcement agency verifies that the person is missing, the investigating law-enforcement agency shall enter the descriptive information of the missing person into DELJIS and the NCIC system. The investigating law-enforcement agency shall further notify DIAC, who shall make all the necessary notifications and assist the investigating law-enforcement agency.

(b) When an investigating law-enforcement agency has verified that a senior citizen, a suicidal person, a person with a disability, or a missing child is missing, the investigating law-enforcement agency shall send an alert to designated media outlets in Delaware. The alert must include all appropriate information that may assist in the safe return of the missing senior citizen, suicidal person, person with a disability, or a missing child along with a statement instructing anyone with information relating to the missing person to contact the investigating law-enforcement agency or a law-enforcement agency within their jurisdiction. Additionally, when an investigating law-enforcement agency has verified that a senior citizen, a suicidal person, a person with a disability, or a missing child is missing, the investigating law-enforcement agency shall contact the Department of Transportation. The Department of Transportation shall adopt rules and regulations for the display on its variable message signs of appropriate information that may assist in the safe return of the missing senior citizen, suicidal person, person with a disability, or a missing child consistent with the Manual on Uniform Traffic Control Devices and federal requirements.
11 Del. C. § 9414 — Delaware Code / Title 11 / Chapter 94 / Subchapter I / Section 9414
§ Â
        9414. General requirements for information from law-enforcement agencies [For application of (c) and (d) of this section, see 85 Del. Laws, c. 142, Â 13].
Status: in_force

(a) (1) Unless the form of notice is specifically required, information required under this chapter may be provided verbally, electronically, or as printed material.

(2) A victim is responsible for providing a law-enforcement agency with any changes to the victim’s contact information.

(3) A victim may indicate and change their preferred method of contact by law-enforcement agencies, including a preference not to be contacted. A law-enforcement agency must use the victim’s preferred method of contact when possible.

(4) The Delaware Criminal Justice Information System (DELJIS) shall create a mechanism that allows law-enforcement agencies to provide notice required under this chapter by e-mail.

(b) A person responsible for information required under this chapter must make all reasonable efforts to provide the information required under this chapter to victims, and may rely upon the most recent information provided by the victim.

(c) (1) The Department of Justice shall create a summary of the rights under §§ 9403 through 9405 of this title. This summary must also include all of the following:

a. The address of the website under subsection (d) of this section.

b. Notice that the rights under this chapter do not always apply to a victim.

c. A victim must provide changes in the victim’s contact information to a law-enforcement agency investigating or prosecuting the crime.

(2) DELJIS must provide that the summary under paragraph (c)(1) of this section is printed on the last page of the victim’s copy of the initial incident report.

(d) The Department of Justice shall maintain a website that provides information about all of the following:

(1) The rights under this chapter explained in a user-friendly manner. At a minimum, the information required under this section must be provided as follows:

a. In English and Spanish.

b. In a format that is as accessible as possible for individuals with disabilities.

(2) a. Victims services, including contact information for victim services personnel at each law-enforcement agency, Family Resource Centers, and as provided by each victim services agency.

b. For the family of a victim with a cognitive disability about victim services, including specific information regarding coping with the emotional impact of the crime and the subsequent court proceedings in which the victim will be involved.

(3) The Victims’ Compensation Assistance Program under Chapter 90 of this title.

(4) The Address Confidentiality Act under subchapter II of Chapter 96 of this title.

(5) Victim’s rights under § 4347 of this title when the defendant applies for parole and under § 4361 of this title when the defendant applies for a pardon.

(6) The rights of witnesses under all of the following:

a. Subchapter II of this chapter.

b. Chapter 35 of this title.

c. School employees under § 1318 of Title 14.

d. Board of Pardons under § 4361 of this title.

(7) Information about other rights a victim may have under state law, including all of the following:

a. Chapter 35 of this title.

b. For employees who are victims of domestic violence, a sexual offense, or stalking under § 711 of Title 19.

c. For tenants who are victims of domestic violence, sexual assault, or stalking under § 5314 and § 5316 of Title 25.
11 Del. C. § 4377 — Delaware Code / Title 11 / Chapter 43 / Subchapter VII / Section 4377
§ Â
        4377. Notification to federal government.
Status: in_force

Upon the granting by the court of an order for the expungement of records under this subchapter, the State Bureau of Identification shall provide notice of the order of expungement to federal law-enforcement.
11 Del. C. § 6707 — Delaware Code / Title 11 / Chapter 67 / Section 6707
§ Â
        6707. Contract; admission into the program.
Status: in_force

No offender may participate in the boot camp program unless such individual voluntarily enrolls by agreeing to be bound by a written contract with the Bureau, which contract shall clearly set forth the obligations, duties, responsibilities and expectations with which such offender must comply. A representative of the Bureau shall also explain to the offender the intended benefits of the program, and the consequences of failing the program. The time served as a boot camp participant shall begin the first day such person is physically within the camp.
11 Del. C. § 8352 — Delaware Code / Title 11 / Chapter 83 / Subchapter III / Section 8352
§ Â
        8352. Employment of pensioners.
Status: in_force

An individual shall not receive a pension under this subchapter for any month during which the individual is an employee, as defined in § 8351(5) of this title or § 5501 of Title 29, unless the individual is:

(1) An official elected by popular vote at a regular or special election; or

(2) An official appointed by the Governor; or

(3) A registration or election official, or a juror; or

(4) Receiving an ordinary service, disability or survivor’s pension.

The employment, except employment as an elected official, may not be used for further retirement benefits.
11 Del. C. § 4372 — Delaware Code / Title 11 / Chapter 43 / Subchapter VII / Section 4372
§ Â
        4372.  Applicability; definitions; effect of expungement.
Status: in_force

(a) This subchapter applies to all criminal cases brought and convictions entered in a court in this State.

(b) For the purposes of this subchapter, a case is “terminated in favor of the accused” only if 1 or more of the following occurs:

(1) The accused is acquitted of all charges related to the case.

(2) A nolle prosequi is entered on all charges related to the case.

(3) The accused is placed on probation before judgment, fulfills the terms and conditions of probation, and the court enters an order discharging the person from probation.

(4) All charges related to the case are otherwise dismissed.

(5) The accused is acquitted of 1 or more charges related to the case, and the other charges are dismissed by the entry of a nolle prosequi or otherwise.

(6) The accused is arrested for the commission of 1 or more crimes and no charges related to the matter for which the person was arrested are filed in any court within 1 year of the arrest.

(7) Where a case is 7 or more years old and contains a charge or charges without a disposition or the disposition is listed as unknown, unobtainable, or pending. This paragraph (b)(7) does not apply if there is an active warrant in the case, if there is documented case activity within the last 12 months, or if there are charges in the case that were not terminated in favor of the accused.

(c) For the purposes of this subchapter:

(1) “Case” means a charge or set of charges related to a complaint or incident that are or could be properly joined for prosecution.

(2) a. “Conviction” means as defined under § 222 of this title.

b. “Conviction” does not include a case in which a person is adjudicated delinquent under § 1002 of Title 10.

(3) “Criminal justice agencies” means as defined under § 8502 of this title.

(4) “Expungement” means that all law-enforcement agency records and court records relating to a case in which an expungement is granted, including any electronic records, are destroyed, segregated, or placed in the custody of the State Bureau of Identification, and are not released in conjunction with any inquiry beyond those specifically authorized under this subchapter.

(d) Except as otherwise provided under § 4376(a) of this title, a person is not required to disclose, nor should the person be asked to disclose, to anyone for any purpose that the person was arrested for, charged with, or convicted of an offense for which records have been expunged under this subchapter or any other provision of this Code.

(e) (1) If a court issues an order expunging records, all the criminal records relating to a case specified in the order must, within 60 days of the order, be removed from the court’s files and placed in the control of the Supervisor of the State Bureau of Identification or otherwise segregated and kept in a manner that ensures that they are not open to public inspection or disclosure. The court may retain a nonpublic record of expungement orders. The court shall send a copy of its order of expungement to the Bureau, and shall consult with the Bureau to develop a standard form of order for expungements. Except as otherwise provided under § 4376 of this title, the Supervisor of the Bureau shall retain control over all expunged records and shall ensure that the records or information contained in the records are not released for any reason.

(2) If the State Bureau of Identification determines that expungement is mandated under this subchapter, or receives an expungement order from a court, it shall promptly notify all courts and law-enforcement agencies where records pertaining to the case are located or maintained, and any court where the case was terminated, disposed of, or concluded. A court or law-enforcement agency which receives a notice of expungement from the Bureau shall provide the Bureau with written confirmation of the completion of the expungement. Where an expungement of a conviction is granted, all arrest records associated with any charge in that case must also be expunged.

(3) If a court orders expungement, the State Bureau of Identification shall provide the court that entered the order with written confirmation of the execution of the order. The Bureau shall promptly notify the court if it is unable to comply with any order issued under this subchapter and state the reasons why it is unable to comply.

(4) In response to a request from a non-law-enforcement officer for information or records on the person who received an expungement, all law-enforcement officers, law-enforcement agencies, and courts shall reply, with respect to the proceedings which are the subject of the order, that there is no record.

(f) Exclusions. —

Except as otherwise provided under § 4375 of this title, the following exclusions apply:

(1) Except as otherwise provided under paragraph (b)(6) of this section, a person is not eligible for an expungement while the person has pending criminal charges. For purposes of this paragraph (f)(1), “pending criminal charges” does not include an alleged violation of any of the following:

a. Section 904(e) or (f) of Title 4.

b. Section 4764(c) of Title 16.

c. A Title 21 offense.

(2) Except as otherwise provided under § 4374(i) of this title, offenses under Title 21, or their equivalent, are not eligible for expungement.

(3) A conviction for any of the following may not be expunged:

a. Vehicular assault in the second degree under § 628A of this title.

b. Incest under § 766 of this title.

c. Unlawful sexual contact in the third degree under § 767 of this title.

d. Coercion under § 791 of this title.

e. Unlawfully dealing with a child under § 1106 of this title.

(4) a. A person is not eligible for an expungement of a felony conviction if the person is convicted of the felony after the date an expungement of a prior felony conviction was granted.

b. For an expungement of a conviction other than in the circumstances under paragraph (f)(4)a. of this section, a person is not eligible if the person has been granted an expungement of a prior conviction in the previous 10 years. This paragraph (f)(4)b. applies to a person who is granted an expungement after December 27, 2019.

c. This paragraph (f)(4) does not apply to a person seeking an expungement under § 4373(a)(1) or (a)(2) of this title.

(5) A person is not eligible for expungement if that person is currently serving a term of incarceration, parole, or probation.

(g) A prior or subsequent conviction does not operate as a bar to eligibility for discretionary or mandatory expungement under this subchapter if the conviction is under any of the following:

(1) Underage possession or consumption of alcohol under § 904(e) or (f) of Title 4.

(2) Possession of a personal use quantity of marijuana under § 4764 of Title 16.

(3) Possession of drug paraphernalia under § 4771 of Title 16.

(h) A prior or subsequent conviction of a Title 21 offense does not operate as a bar to eligibility for discretionary or mandatory expungement under this subchapter.

(i) Nothing in this subchapter is intended to operate to expand or limit the availability of expungement under any other part of the Code.

(j) The grant of an expungement under this subchapter does not nullify any provision of an active protection from abuse order.

(k) The grant of an expungement under this subchapter does not result in the automatic removal of an individual from the Child Protection Registry, established under subchapter II of Chapter 9 of Title 16, or the Adult Abuse Registry, established under § 8564 of this title. The fact an expungement has been granted may be considered with other relevant evidence as part of a petition for removal from the Child Protection Registry under § 929 of Title 16 or the Adult Abuse Registry under regulations adopted under § 8564(f) of this title.

(l) For a conviction to be eligible for an expungement under this subchapter, all fines, fees, and restitution associated with the conviction must be paid. However, if an outstanding fine or fee is not yet satisfied due to reasons other than wilful noncompliance, but the person is otherwise eligible for an expungement, the court may grant the expungement and waive the fines or fees or convert outstanding financial obligations to a civil judgement.
11 Del. C. § 9602 — Delaware Code / Title 11 / Chapter 96 / Subchapter I / Section 9602
§ Â
        9602. Civil judgments.
Status: in_force

(a) If a person provided services which include the establishment of a new identity and/or new place of permanent residence under this subchapter is named as a defendant in a civil cause of action arising prior to or during the period in which the services are provided, process in the civil proceeding may be served upon that person or an agent designated by that person for that purpose. The Attorney General shall make reasonable efforts to serve a copy of the process upon the person protected at the person’s last known address. The Attorney General shall notify the plaintiff in the action whether such process has been served. If a judgment in such action is entered against that person, the Attorney General shall determine whether the person has made reasonable efforts to comply with the judgment. The Attorney General shall take appropriate steps to urge the person to comply with the judgment. If the Attorney General determines that the person has not made reasonable efforts to comply with the judgment, the Attorney General may, after considering the danger to the person and upon the request of the person holding the judgment, disclose the identity and location of the person to the plaintiff entitled to recovery pursuant to the judgment. Any such disclosure of the identity and location of the person shall be made upon the express condition that further disclosure by the plaintiff of such identity or location may be made only if essential to the plaintiff’s efforts to recover under the judgment, and only to such additional persons as is necessary to effect the recovery.

Any such disclosure or nondisclosure by the Attorney General shall not subject the State and its officers or employees to any civil liability.

(b) (1) Any person who holds a judgment entered by a federal or state court in that person’s favor against a person provided services which include the establishment of a new identity and/or a new place of employment under this subchapter may, upon a decision by the Attorney General to deny disclosure of the current identity and location of such person, bring an action against the person in the Superior Court. Such action shall be brought within 120 days after the petitioner requested the Attorney General to disclose the identity and location of the person to whom services have been provided under this subchapter. The complaint in such action shall contain statements that the petitioner holds a valid judgment of a federal or state court against a person provided services under this subchapter and that the petitioner sought to enforce the judgment by requesting the Attorney General to disclose the identity and location of such person.

(2) The petitioner in an action described in paragraph (b)(1) of this section shall notify the Attorney General of the action at the same time the action is brought. The Attorney General shall appear in the action and shall affirm or deny the statements in the complaint that the person against whom the judgment is allegedly held is provided services under this subchapter and that the petitioner requested the Attorney General to disclose the identity and location of such person for the purpose of enforcing the judgment.

(3) Upon a determination:

a. That the petitioner holds a judgment entered by a federal or state court; and

b. That the Attorney General has declined to disclose to the petitioner the current identify and location of the person against whom the judgment was entered,

the court shall appoint a guardian to act on behalf of the petitioner to enforce the judgment. The clerk of the court shall forthwith furnish the guardian with a copy of the order of appointment. The Attorney General shall disclose to the guardian the current identity and location of the person to whom services have been provided and any other information necessary to enable the guardian to carry out that guardian’s duties under this subsection.

(4) It is the duty of the guardian to proceed with all reasonable diligence and dispatch to enforce the rights of the petitioner under the judgment. The guardian shall, however, endeavor to carry out such enforcement duties in a manner that maximizes, to the extent practicable, the safety and security of the person to whom services have been provided under this subchapter. In no event shall the guardian disclose the new identity or location of such person without the permission of the Attorney General, except that such disclosure may be made to a federal or state court in order to enforce the judgment. Any good faith disclosure made by the guardian in the performance of the guardian’s duties under this subsection shall not create any civil liability against the State or any of its officers or employees, or the guardian.

(5) Upon appointment, the guardian shall have the power to perform any act with respect to the judgment which the petitioner could perform, including the initiation of judicial enforcement actions in any federal or state court or the assignment of such enforcement actions to a third party under applicable federal or state law. The Superior Court Rules of Civil Procedure shall apply in any action brought under this subsection to enforce a federal or state court judgment.

(6) The cost of any action brought under this subsection with respect to a judgment, including any enforcement action described herein, and the compensation to be allowed to a guardian appointed in any such action shall be fixed by the court and shall be apportioned among the parties as follows:

a. The petitioner shall be assessed the amount the petitioner would have paid to collect on the judgment in an action not arising under the provisions of this subsection; and

b. The protected person shall be assessed the costs which are normally charged to debtors in similar actions and any other costs which are incurred as a result of an action brought under this subsection.

In the event that the costs and compensation to the guardian are not met by the petitioner or by the protected person, the court may, in its discretion, enter judgment against the state for costs and fees reasonably incurred as a result of the action brought under this subsection.

(7) No officer or employee of the Department of Justice shall in any way impede the efforts of a guardian appointed under this subsection to enforce the judgment with respect to which the guardian was appointed.

(c) The provisions of this section shall not apply to a court order to which § 9603 of this title applies.
11 Del. C. § 1125 — Delaware Code / Title 11 / Chapter 5 / Subchapter V / Section 1125
§ Â
        1125. Unannounced inspections; reporting; enforcement.
Status: in_force

(a) The Department of Safety and Homeland Security or its delegates shall conduct annual, random, unannounced inspections at locations where tobacco products or tobacco substitutes are sold or distributed to test and ensure compliance with and enforcement of §§ 1116 through 1120 of this title.

(b) An individual under the age of 21 may be enlisted by the Department of Safety and Homeland Security or its delegates to test compliance with and enforcement of §§ 1116 through 1120 of this title, provided however, that the individual may be used only under the direct supervision of the Department of Safety and Homeland Security, its employees or delegates and only where written parental consent has been provided for an individual under the age of 18.

(c) Participation in the inspection and enforcement activities of this section by an individual under 21 years of age shall not constitute a violation of this subpart for the individual under 21 years of age, and the individual under 21 years of age is immune from prosecution thereunder, or under any other provision of law prohibiting the purchase of these products by an individual under 21 years of age.

(d) The Department of Safety and Homeland Security shall adopt and publish guidelines for the use of individuals under 21 years of age in inspections conducted under 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 (42 U.S.C. § 300x-26). A copy of this report shall be available to the Governor and the General Assembly.
11 Del. C. § 1322 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1322
§ Â
        1322. Criminal nuisance; unclassified misdemeanor.
Status: in_force

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.
11 Del. C. § 8364 — Delaware Code / Title 11 / Chapter 83 / Subchapter III / Section 8364
§ Â
        8364. Vested rights; cancellation of service credits.
Status: in_force

(a) A member who has 10 years of credited service shall have a vested right to a service pension.

(b) If a member who has less than 10 years of credited service ceases to be an employee, the member’s service credits to the date of termination shall be cancelled unless:

(1) The member again becomes an employee within 4 months after such cessation of employment; or

(2) The member subsequently acquires 5 years of credited service; or

(3) The member has joined the state employees’ pension system; and provided that if the member has withdrawn contributions the member repays with interest at a rate determined by the Board.

(c) For purposes of this section, credited service shall include any period during which a member is receiving a disability pension as provided by this subchapter.

(d) A former employee’s vested right shall be forfeited upon application for a refund of accumulated contributions.
11 Del. C. § 6558 — Delaware Code / Title 11 / Chapter 65 / Subchapter VIII / Section 6558
§ Â
        6558. Lands and buildings.
Status: in_force

The Department may acquire, by lease, purchase or otherwise, and hold in the name of the State for the use of the Department, all necessary lands and buildings for the carrying out of its duties and functions.
11 Del. C. § 828 — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 828
§ Â
        828. Possession of burglarâs tools or instruments facilitating theft; class F felony.
Status: in_force

(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.
11 Del. C. § 2401 — Delaware Code / Title 11 / Chapter 24 / Subchapter I / Section 2401
§ Â
        2401. Definitions.
Status: reserved

When used in this chapter:

(1) “Aggrieved person” means a person who was a party to any intercepted wire, oral or electronic communication or a person against whom the interception was directed.

(2) “Aural transfer” means a transfer containing the human voice at any point between and including the point of origin and the point of reception.

(3) “Communication common carrier” means any person engaged as a common carrier for hire in the transmission of wire or electronic communications.

(4) “Contents,” when used with respect to any wire, oral or electronic communication, includes any information concerning the identity of the parties to the communication or the existence or substance of that communication.

(5) “Electronic communication” means any transfer of signs, signals, writing, images, sounds, data or intelligence of any electromagnetic, photoelectronic or photooptical system. However, “electronic communication” does not include:

a. Any wire or oral communication;

b. Any communication made through a tone-only paging device; or

c. Any communication from a tracking device.

(6) “Electronic communication service” means any service that provides to users of the service the ability to send or receive wire, oral or electronic communications.

(7) “Electronic communications system” means any wire, oral, radio, electromagnetic, photooptical or photoelectronic facilities for the transmission of wire, oral or electronic communications, and any computer facilities or related electronic equipment for the wire, oral or electronic storage of electronic communications.

(8) “Electronic, mechanical, or other device” means any device or electronic communication instrument other than:

a. Any telephone or telegraph instrument, equipment or other facility for the transmission of electronic communications, or any component thereof, which is furnished to the subscriber or user by a provider of wire or electronic communication service in the ordinary course of its business and is being used by the subscriber or user in the ordinary course of its business or furnished by the subscriber or user for connection to the facilities of the service and used in the ordinary course of its business or which is being used by a communications common carrier in the ordinary course of its business or which is being used by an investigative or law-enforcement officer in the ordinary course of that officer’s duties; or,

b. A hearing aid or similar device being used to correct subnormal hearing to not better than normal.

(9) “Electronic storage” means any temporary, intermediate storage of a wire, oral or electronic communication incidental to the electronic transmission of the communication. “Electronic storage” includes any storage of a wire, oral or electronic communication by an electronic communication service for purposes of backup protection of the communication.

(10) “Intercept” means the aural or other acquisition of the contents of any wire, oral or electronic communication through the use of any electronic, mechanical or other device.

(11) “Investigative or law-enforcement officer” means any officer of this State or a political subdivision of this State, who is empowered by law to conduct investigations or to make arrests for offenses enumerated in this title, any sworn law-enforcement officer of the federal government or of any other state or a political subdivision of another state working with and under the direction of an investigative or law-enforcement officer of this State or a political subdivision of this State, or any attorney authorized by law to prosecute or participate in the prosecution of such offenses.

(12) “Judge,” when referring to a judge authorized to receive applications for and to enter orders authorizing interception of wire, oral or electronic communications, means 1 or more of the several Judges of the Superior Court to be designated from time to time by the President Judge of the Superior Court to receive applications for and to enter orders authorizing interception of wire, oral or electronic communications pursuant to this chapter.

(13) “Oral communication” means any oral communication uttered by a person made while exhibiting an expectation that such communication is not subject to interception and under circumstances justifying such expectation, but such term does not include any electronic communication.

(14) “Pen register” means a device that records and decodes electronic or other impulses that identify the numbers dialed or otherwise transmitted on the telephone line to which the device is attached. “Pen register” does not include any device used by a provider or customer of a wire or electronic communication service for billing, or recording as an incident to billing, for communications services provided by the provider or any device used by a provider or customer of a wire communication service for cost accounting or other similar purposes in the ordinary course of its business.

(15) “Person” means any employee or agent of this State or a political subdivision thereof, or any individual, partnership, association, joint stock company, trust or corporation.

(16) “Readily accessible to the general public” means, with respect to a radio communication, that the communication is not:

a. Scrambled or encrypted;

b. Transmitted using modulation techniques the essential parameters of which have been withheld from the public with the intention of preserving the privacy of the communication; or

c. Except for tone-only paging device communications, transmitted over frequencies reserved for private use and licensed for private use under federal or State law.

(17) “Remote computing service” means the provision to the public of computer storage or processing services by means of an electronic communications system.

(18) “Trap and trace device” means a device that captures the incoming electronic or other impulses that identify the originating number of an instrument or device from which a wire or electronic communication was transmitted.

(19) “User” means any person or entity that uses an electronic communication service and is duly authorized by the provider of the service to engage in that use.

(20) “Wire communication” means any aural transfer made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable or other like connection between the point of origin and the point of reception (including the use of a connection in a switching station) furnished or operated by any person licensed to engage in providing or operating such facilities for the transmission of communications.
11 Del. C. § 3524 — Delaware Code / Title 11 / Chapter 35 / Subchapter II / Section 3524
§ Â
        3524. Immunity from arrest and service of process.
Status: in_force

(a) If a person comes into this State in obedience to a summons directing the person to attend and testify in this State the person shall not, while in this State pursuant to such summons, be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before the person’s entrance into this State under the summons.

(b) If a person passes through this State while going to another state in obedience to a summons to attend and testify in that state or while returning therefrom, the person shall not while so passing through this State be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before the person’s entrance into this State under the summons.
11 Del. C. § 3903 — Delaware Code / Title 11 / Chapter 39 / Subchapter I / Section 3903
§ Â
        3903. Delivery of copy of sentence to warden.
Status: in_force

The Prothonotary shall deliver to the warden of the workhouse or jail in which the convicted person is to be confined a duly certified copy of the sentence in every criminal case.
11 Del. C. § 6501 — Delaware Code / Title 11 / Chapter 65 / Subchapter I / Section 6501
§ Â
        6501. Establishment.
Status: in_force

There is established a Department of Correction. Said Department shall be a continuation of and successor to the State Board of Corrections existing prior to July 8, 1964.
11 Del. C. § 1469A — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1469A
§ Â
        1469A. Possession of a large-capacity magazine during the commission of a felony; class B felony.
Status: in_force

(a) It is unlawful for a person to possess a large-capacity magazine during the commission of a felony.

(b) Possession of a large-capacity magazine during the commission of a felony is a class B felony.

(c) A person may be found guilty of violating this section notwithstanding that the felony for which the person is convicted and during which the person possessed the large-capacity magazine is a lesser included felony of the 1 originally charged.
11 Del. C. § 8544 — Delaware Code / Title 11 / Chapter 85 / Subchapter III / Section 8544
§ Â
        8544. Filing missing child reports; notification upon location; purging information; return of fingerprints.
Status: in_force

(a) Every constable, chief police officer, officer in charge, member of the State Police and other law-enforcement agency, and officer of the State and of any local governmental unit shall do all of the following:

(1) Immediately accept and act on information on any missing child by police radio broadcasts and by causing missing child entries to be made into the Delaware Criminal Justice Information System (“DELJIS”) and NCIC.

(2) Transmit information to the Clearinghouse, so far as available, on a missing child report concerning a missing child within 24 hours after receipt of the information.

(3) Notify the Delaware Information Analysis Center (“DIAC”). At the request of the law-enforcement agency, DIAC shall assist by providing intelligence and disseminating information on the missing child to the appropriate law-enforcement partners.

(4) Institute appropriate search procedures, including the coordination of volunteer search teams.

(5) Notify the National Center for Missing and Exploited Children.

(b) Any person may submit a missing child report to a local law-enforcement agency having jurisdiction for investigation and referral of the missing child report to the Clearinghouse on any child whose whereabouts is unknown, regardless of the circumstances, and the report must be included in the Clearinghouse database.

(c) The person responsible for notifying the Clearinghouse or a law-enforcement agency of a missing child shall immediately notify the Clearinghouse or the law-enforcement agency of any child whose location has been determined.

(d) Information received under this section must be purged by the appropriate law-enforcement agency and the Clearinghouse immediately on location of a missing child who has been included in the Clearinghouse database. Fingerprints of a missing child provided to a law-enforcement agency or the Clearinghouse must be returned to the person providing the fingerprints on location of the missing child.

(e) The Delaware State Police shall adopt rules and regulations for the utilization of DIAC to assist investigative law-enforcement agencies during their investigation as a resource for the receipt, analysis, and dissemination of information to those entities that have a need and right to know about the missing child.
11 Del. C. § 1457 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1457
§ Â
        1457. Possession of a weapon in a Safe Recreation Zone; class D, E, or F felony; class A or B misdemeanor.
Status: repealed

(a) Any person who commits any of the offenses described in subsection (b) of this section, or any juvenile who possesses a firearm or projectile weapon and does so while in or on a “Safe Recreation Zone” shall be guilty of the crime of possession of a weapon in a Safe Recreation Zone.

(b) The underlying offenses in Title 11 shall be:

(1) Section 1442. — Carrying a concealed deadly weapon; class G felony; class D felony.

(2) Section 1444. — Possessing a destructive weapon; class E felony.

(3) Section 1446. — Unlawfully dealing with a switchblade knife; unclassified misdemeanor.

(4) Section 1448. — Possession and purchase of deadly weapons by persons prohibited; class F felony.

(5) Section 1452. — Unlawfully dealing with knuckles-combination knife; class B misdemeanor.

(6) Section 1453. — Unlawfully dealing with martial arts throwing star; class B misdemeanor.

(7) Section 1466. —

Manufacture, sale, transport, transfer, purchase, receipt, and possession of assault weapons; class E or F felony.

(c) For the purpose of this section:

(1) “Constable” means an individual who licensed under Chapter 56 of Title 24.

(2) “Firearm” means as defined in § 222 of this title and includes a destructive weapon as defined in § 1444(a) and (c) of this title and includes BB guns.

(3) “Police officer” means as defined in § 8401 of this title.

(4) “Safe Recreation Zone”means any building or structure owned, operated, leased or rented by any county or municipality, or by the State, or by any board, agency, commission, department, corporation or other entity thereof, or by any private organization, which is utilized as a recreation center, athletic field or sports stadium.

(d) Nothing in this section shall be construed to preclude or otherwise limit a prosecution of or conviction for a violation of this chapter or any other provision of law. A person may be convicted both of the crime of possession of a weapon in a Safe Recreation Zone and of the underlying offense as defined elsewhere by the laws of the State.

(e) 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 in a Safe Recreation Zone.

(f), (g) [Repealed.]

(h) This section does not apply to any of the following:

(1) A police officer.

(2) A constable employed by a recreation zone who is acting in that capacity within a Safe Recreation Zone.

(i) [Repealed.]

(j) The penalty for possession of a weapon in a Safe Recreation Zone shall be:

(1) If the underlying offense is a class B misdemeanor, the crime shall be a class A misdemeanor;

(2) If the underlying offense is an unclassified misdemeanor, the crime shall be a class B misdemeanor;

(3) If the underlying offense is a class E, F, or G felony, the crime shall be one grade higher than the underlying offense.

(4) If the underlying offense is a class D felony, the crime shall also be a class D felony.

(5), (6) [Repealed.]
11 Del. C. § 2406 — Delaware Code / Title 11 / Chapter 24 / Subchapter I / Section 2406
§ Â
        2406. Lawful disclosure or use of contents of communication.
Status: in_force

(a) Disclosure by investigative or law-enforcement officer. — Any investigative or law-enforcement officer who, by any means authorized by this chapter, has obtained knowledge of the contents of any wire, oral or electronic communication or evidence derived therefrom may disclose the contents to another investigative or law-enforcement officer of any state, any political subdivision of a state, the United States or any territory, protectorate or possession of the United States, including the District of Columbia, to the extent that the disclosure is appropriate to the proper performance of the official duties of the officer making or receiving the disclosure.

(b) Use of contents by officer. — Any investigative or law-enforcement officer who, by any means authorized by this chapter, has obtained knowledge of the contents of any wire, oral or electronic communication or evidence derived therefrom or an investigative or law-enforcement officer of any state or any political subdivision of a state, the United States or any territory, protectorate or possession of the United States, including the District of Columbia, who obtains such knowledge by lawful disclosure may use the contents to the extent that the use is appropriate to the proper performance of the officer’s official duties.

(c) Disclosure while giving testimony. — Any person who has received, by any means authorized by this chapter, any information concerning a wire, oral or electronic communication, or evidence derived therefrom intercepted in accordance with the provisions of this chapter may disclose the contents of that communication or the derivative evidence while giving testimony under oath or affirmation in any proceeding held under the authority of any state or any political subdivision of a state, the United States or any territory, protectorate or possession of the United States, including the District of Columbia.

(d) Privileged character of communication not lost. — Any contents of wire, oral or electronic communication intercepted in accordance with or in violation of the provisions of this chapter that would otherwise be considered privileged under the law do not lose their privileged character through such interception.

(e) Communications relating to offenses not specified in order. — When an investigative or law-enforcement officer, while engaged in intercepting wire, oral or electronic communications in the manner authorized herein, intercepts wire, oral or electronic communications relating to offenses other than those specified in the order of authorization, the contents thereof and evidence derived therefrom may be disclosed or used consistent with subsection (a), (b) or (c) of this section. The contents and any evidence derived therefrom may be used under subsection (c) of this section when authorized or approved by a judge authorized to receive intercept applications where the judge finds on subsequent application that the contents were otherwise intercepted in accordance with this chapter. Such application should be made forthwith.

(f) Disclosure by law-enforcement officers of other jurisdictions. — Any investigative or law-enforcement officer of any state or political subdivision of a state, the United States, or any territory, protectorate or possession of the United States, including the District of Columbia, who has lawfully received any information concerning a wire, oral or electronic communication or evidence lawfully derived therefrom that would have been lawful for a law-enforcement officer of this State to receive pursuant to this chapter may disclose the contents of that communication or the derivative evidence while giving testimony under oath or affirmation in any proceeding held under the authority of this State or any political subdivision of this State.
11 Del. C. § 6531 — Delaware Code / Title 11 / Chapter 65 / Subchapter VI / Section 6531
§ Â
        6531. Treatment and rehabilitation programs.
Status: in_force

(a) Persons committed to the institutional care of the Department shall be dealt with humanely, with effort directed to their rehabilitation. To the maximum extent possible, the Department shall evaluate each person using an objective risk and needs assessment instrument and shall create a case plan for those persons assessed to be moderate- to high-risk that targets the need factors identified by the assessment. The Department shall prioritize the provision of such evaluations according to the length of sentence and the severity of the conduct giving rise to the sentence of incarceration. The Department shall make efforts to provide treatment and services responsive to the person’s needs and characteristics. Use of the objective risk assessment instrument shall commence by December 31, 2013.

(b) The Department shall establish alcohol and drug counseling and treatment programs for inmates. The Department may further establish a program of mandatory drug testing for inmates. In establishing such programs, the Department shall also establish rules and regulations regarding the order in which inmates shall be eligible to participate in such courses.

(c) When the Department shall make programs of counseling and treatment available to inmates at a correctional facility, inmates at such facility who are eligible in accordance with the rules and regulations of the Department established under subsection (b) of this section, shall be required to enroll in and participate in such programs.

(d) The costs of providing such counseling and treatment programs established pursuant to subsections (b) and (c) of this section shall, in accordance with a schedule to be established by the Department, be assessed against those inmates required under subsection (c) of this section to be enrolled, and may be deducted from said inmate’s account in accordance with the provisions of § 6532(f) of this title.

(e) An inmate’s refusal to participate in compulsory programs of drug or alcohol counseling or treatment established by the Department does not prohibit an application for sentence modification under § 4217 of this title or eligibility for parole under § 4346(e) of this title, but may be considered by the court under § 4217(b) of this title. An inmate refusing to participate in compulsory programs of drug or alcohol counseling or treatment established by the Department is subject to disciplinary measures as the Commissioner may establish by regulation.

(f) The Department shall establish programs of work, case work counseling and psychotherapy, library and religious services and commissary, and shall further establish procedures for the classification of inmates for those purposes.

(g) The Department shall undertake an assessment of its ability to meet treatment and rehabilitation needs of the confined population every 3 years and endeavor to provide programs in accordance with identified needs. The first report shall be completed by December 31, 2012.
11 Del. C. § 8395 — Delaware Code / Title 11 / Chapter 83 / Subchapter III / Section 8395
§ Â
        8395. Burial benefits.
Status: in_force

(a) Upon the death of an individual receiving a pension under this subchapter, a benefit will be paid from the Fund in the same manner as benefits provided under § 5546 of Title 29.

(b) The benefit granted under this section shall not be construed as a contractual obligation of the State or of the Pension Fund and may be revised or terminated by an act of the General Assembly.
11 Del. C. § 8703 — Delaware Code / Title 11 / Chapter 87 / Section 8703
§ Â
        8703. Officers.
Status: in_force

(a) In December of each year, the Council shall elect a Chairperson and a Vice-Chairperson who shall serve terms of office coinciding with the following calendar year. Officers may be reelected.

(b) If the Chairperson resigns or ceases to be a member of the Council, the Vice-Chairperson shall become the Chairperson and there shall be an election to fill the unexpired term of the Vice-Chairperson at the next Council meeting.

(c) If the Vice-Chairperson resigns or ceases to be a member of the Council, there shall be an election to fill the unexpired term of the Vice-Chairperson at the next Council meeting.

(d) It shall be the duty of the Chairperson to convene and preside over meetings of the Council and prepare an agenda for meetings, except for the initial meeting of the Council, which shall be convened and presided over by the Chief Justice of the Supreme Court.

(e) It shall be the duty of the Vice-Chairperson to act as Chairperson in the absence of the Chairperson.
11 Del. C. § 853 — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 853
§ Â
        853. Unauthorized use of a vehicle; class A misdemeanor.
Status: in_force

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 third party, whether or not such third party continues or resumes payment to the creditor or creditors.

Unauthorized use of a vehicle is a class A misdemeanor.
11 Del. C. § 4391 — Delaware Code / Title 11 / Chapter 43 / Subchapter IX / Section 4391
§ Â
        4391. Definitions.
Status: in_force

The following words, terms and phrases, when used in this subchapter, have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(1) “Crime of violence” means any crime which involves the use or threat of physical force or violence against any individual. For purposes of this subchapter, no motor vehicle offense is a crime of violence where it is not a part of an additional crime.

(2) “Good standing” means that an offender participating in the house arrest program has, at the time such person entered the program and continuously thereafter, met the following qualifications:

a. No pending warrants or charges.

b. No major violations during the immediately preceding 45 days.

c. Adherence to all conditions of probation, work-release and case plans.

(3) “House arrest” or “house arrest program” means a form of intensive supervised custody in the community, including surveillance on weekends, administered by intensive supervision officers. The house arrest program shall be an individual program in which the freedom of the offender is restricted within the stable, approved place of residence of the offender or within the stable, approved place of residence of a host, parent, sibling or child of the offender and in which specific sanctions are imposed and enforced.

(4) “Public service” means that work which is required of an offender participating in the house arrest program and shall include work which the offender is ordered to perform, without payment, for the benefit of the community, separate and apart from any paid employment which the offender may be permitted to obtain. All public service work shall be performed for designated tax-supported or tax-exempt entities which have entered into an informal agreement with the Department to administer the work performed by the offender. The words “public service” include any of the following:

a. Work on any property or building owned or leased by the State, by any county or by a municipality or by any nonprofit organization or agency or work for any program under the control or sponsorship of a charitable enterprise.

b. Work on a state, county or municipally-owned road or highway.

c. Landscaping, maintenance or service work in any state, county or municipal park or recreation areas.

d. Work in a state, county or municipal hospital or for any nonprofit health or medical center or facility.
11 Del. C. § 5306 — Delaware Code / Title 11 / Chapter 53 / Section 5306
§ Â
        5306. Witness fees.
Status: in_force

(a) The witnesses attending the Court in criminal cases shall receive the same fees as in the Superior Court.

(b) In criminal cases witness fees shall be taxed as part of the costs of such proceeding.
11 Del. C. § 3503 — Delaware Code / Title 11 / Chapter 35 / Subchapter I / Section 3503
§ Â
        3503. Prima facie evidence of bank incorporation.
Status: in_force

In criminal proceedings it shall be prima facie evidence of the incorporation of a bank that it has been reputed to be an incorporated bank or has issued notes as a bank.
11 Del. C. § 3910 — Delaware Code / Title 11 / Chapter 39 / Subchapter II / Section 3910
§ Â
        3910. Definitions.
Status: in_force

For purposes of this subchapter, the following words, terms and phrases shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

“Human immunodeficiency virus test” means a test or tests of an individual for presence of human immunodeficiency virus, or for antibodies or antigens that result from human immunodeficiency virus infection, or for any other substance specifically indicating human immunodeficiency virus infection, and includes preliminary screening tests.
11 Del. C. § 5101 — Delaware Code / Title 11 / Chapter 51 / Subchapter I / Section 5101
§ Â
        5101. Writs or precepts to take persons indicted.
Status: in_force

The Superior Court may issue writs or precepts, under the seal of the Court, to any sheriff, or other officer, of any county in the State, to take any person indicted.
11 Del. C. § 5903 — Delaware Code / Title 11 / Chapter 59 / Section 5903
§ Â
        5903. Arrest upon complaint; escaped persons.
Status: in_force

Every justice of the peace shall cause to be arrested, on proper complaint, all persons found within the justice’s county charged with any offense and all persons who, after committing any offense in such county, shall escape out of the same.
11 Del. C. § 9412 — Delaware Code / Title 11 / Chapter 94 / Subchapter I / Section 9412
§ Â
        9412. Information concerning appeal or postconviction remedies [Transferred].
Status: in_force

Transferred to § 9411 of this title by 85 Del. Laws, c. 142, § 1, effective Aug. 20, 2025.
11 Del. C. § 251 — Delaware Code / Title 11 / Chapter 2 / Section 251
§ Â
        251. Proof of state of mind required unless otherwise provided; strict liability.
Status: in_force

(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.
11 Del. C. § 4334 — Delaware Code / Title 11 / Chapter 43 / Subchapter III / Section 4334
§ Â
        4334. Arrest for violation of conditions; subsequent disposition [Effective until July 1, 2026].
Status: in_force

(a) The court may issue a warrant for the arrest of a probationer for violation of any of the conditions of probation or suspension of sentence, or a notice to appear to answer to a charge of violation. Such notice shall be personally served upon the probationer. The warrant shall authorize officers to return the probationer to the custody of the court or to the Department.

(b) The Commissioner, or any probation officer, when in the Commissioner’s or probation officer’s judgment there has been a violation of any condition of probation or suspension of sentence, may arrest such probationer without a warrant, or may deputize any other officer with power of arrest to do so by giving that officer a written statement setting forth that the probationer has, in the judgment of the Commissioner or probation officer, violated the conditions of probation or suspended sentence. The written statement delivered with the probationer by the arresting officer to the official in charge of the place of detention shall be sufficient warrant for the detention of the probationer. When an arrest is made by a probation officer, the Department shall present to the detaining authority a written statement of the circumstances of violation.

(c) Upon such arrest and detention, the Department shall immediately notify the court and shall submit in writing a report showing in what manner the probationer has violated the conditions of probation or suspension of sentence. Thereupon, or upon arrest by warrant as provided in subsection (b) of this section, the court shall cause the probationer to be brought before it without unnecessary delay, for a hearing on the violation charge. The hearing may be informal or summary. If the violation is established, the court may continue or revoke the probation or suspension of sentence, and may require the probation violator to serve the sentence imposed, or any lesser sentence, and, if imposition of sentence was suspended, may impose any sentence which might originally have been imposed.

(d) Notwithstanding any provision of subsection (c) of this section or any other law, rule or regulation to the contrary, the Department is authorized to administratively resolve technical and minor violations of the conditions of probation or supervision at Accountability Levels I, II, III or IV when a sanction less restrictive than Level V is being sought by the Department as a result of the violation, and is further authorized to administratively resolve technical and minor violations of conditions of probation at Accountability Levels I, II, III, or IV by placing the probationer at Accountability Level IV for a period of not more than 5 days consecutively, and not more than 10 days in any 1 calendar year, or on home confinement for a period of not more than 10 days consecutively, and not more than 20 days per calendar year. The Department shall adopt written procedures providing for administrative review for all cases in which an offender is placed at Level IV or home confinement pursuant to this subsection. All administrative dispositions imposed pursuant to this subsection shall be documented in the offender’s record and shall be made available to the court in the event of a subsequent violation which is considered by the court. For the purposes of this subsection, the term “technical and minor violations of the conditions of probation or supervision” shall not include arrests or convictions for new criminal offenses. Under this section, the purpose of home confinement is to reduce the number of persons held at Level V and Level IV facilities by substituting home confinement when appropriate. The Department shall develop guidelines for probation officers to assist them in providing consistent and appropriate responses to compliance and violations of the conditions of probation or supervision.(a) The court may issue a warrant for the arrest of a probationer for violation of any of the conditions of probation or suspension of sentence, or a notice to appear to answer to a charge of violation. Such notice shall be personally served upon the probationer. The warrant shall authorize officers to return the probationer to the custody of the court or to the Department.

(b) The Commissioner, or any probation officer, when in the Commissioner’s or probation officer’s judgment there has been a violation of any condition of probation or suspension of sentence, may arrest such probationer without a warrant, or may deputize any other officer with power of arrest to do so by giving that officer a written statement setting forth that the probationer has, in the judgment of the Commissioner or probation officer, violated the conditions of probation or suspended sentence. The written statement delivered with the probationer by the arresting officer to the official in charge of the place of detention shall be sufficient warrant for the detention of the probationer. When an arrest is made by a probation officer, the Department shall present to the detaining authority a written statement of the circumstances of violation. Provisions regarding release on bail of persons charged with crime shall be applicable to the probationers arrested under these provisions.

(c) Upon such arrest and detention, the Department shall immediately notify the court and shall submit in writing a report showing in what manner the probationer has violated the conditions of probation or suspension of sentence. Thereupon, or upon arrest by warrant as provided in subsection (b) of this section, the court shall cause the probationer to be brought before it without unnecessary delay, for a hearing on the violation charge. The hearing may be informal or summary. If the violation is established, the court may continue or revoke the probation or suspension of sentence, and may require the probation violator to serve the sentence imposed, or any lesser sentence, and, if imposition of sentence was suspended, may impose any sentence which might originally have been imposed.

(d) Notwithstanding any provision of subsection (c) of this section or any other law, rule or regulation to the contrary, the Department is authorized to administratively resolve technical and minor violations of the conditions of probation or supervision at Accountability Levels I, II, III or IV when a sanction less restrictive than Level V is being sought by the Department as a result of the violation, and is further authorized to administratively resolve technical and minor violations of conditions of probation at Accountability Levels I, II, III, or IV by placing the probationer at Accountability Level IV for a period of not more than 5 days consecutively, and not more than 10 days in any 1 calendar year, or on home confinement for a period of not more than 10 days consecutively, and not more than 20 days per calendar year. The Department shall adopt written procedures providing for administrative review for all cases in which an offender is placed at Level IV or home confinement pursuant to this subsection. All administrative dispositions imposed pursuant to this subsection shall be documented in the offender’s record and shall be made available to the court in the event of a subsequent violation which is considered by the court. For the purposes of this subsection, the term “technical and minor violations of the conditions of probation or supervision” shall not include arrests or convictions for new criminal offenses. Under this section, the purpose of home confinement is to reduce the number of persons held at Level V and Level IV facilities by substituting home confinement when appropriate. The Department shall develop guidelines for probation officers to assist them in providing consistent and appropriate responses to compliance and violations of the conditions of probation or supervision.

(e) A probationer for whose return a warrant cannot be served, shall be deemed a fugitive from justice or to have fled from justice. If it shall appear that probationer has violated probation or suspended sentence, the court shall determine whether the time from issuing of the warrant to the date of the probationer’s arrest, or any part of it, shall be counted as time served on probation or suspended sentence.

(f) The Justice of the Peace Court shall have jurisdiction over violations of probation where such probation or suspension of sentence was pursuant to an order of the Justice of the Peace Court.
11 Del. C. § 6598 — Delaware Code / Title 11 / Chapter 65 / Subchapter XII / Section 6598
§ Â
        6598. Procedure for completing a written request.
Status: in_force

(a) Requirement that a correctional officer make a written request. —

No government agency or person shall be found to have violated any provision of this subchapter if the correctional officer has not submitted a written request calling for the protection of the correctional officer’s personal information.

(b) Written request procedure. —

(1) A correctional officer’s written request is valid if any of the following occur:

a. The correctional officer sends a written request directly to a government agency or person.

b. The correctional officer files a written request with the Department for the Department to notify government agencies and persons.

(2) The Department shall develop a policy and procedure for a correctional officer to file a written request with the Department for the Department to notify government agencies and persons and shall enroll the correctional officer in the services of an online privacy vendor.

(c) In each quarter of a calendar year, the Department shall provide a list of all correctional officers who have submitted a written request to it, to the appropriate officer with ultimate supervisory authority for a government agency. The officer shall promptly provide a copy of the list to all government agencies under the officer’s supervision. Receipt of the written request list compiled by the Department by a government agency shall constitute a written request to that agency for the purposes of this subchapter.

(d) A representative from the correctional officer may submit a written request on the correctional officer’s behalf, provided that the correctional officer gives written consent to the representative and provided that the representative agrees to furnish a copy of that consent when a written request is made. The representative shall submit the written request as provided in subsection (b) of this section.

(e) Information to be included in the written request. —

(1) A correctional officer’s written request shall specify what personal information shall be maintained private.

(2) If a correctional officer wishes to identify a secondary residence as a home address as that term is defined in this subchapter, the designation shall be made in the written request.

(3) A correctional officer shall disclose the identity of the correctional officer’s family and indicate that the personal information of these family members shall also be excluded to the extent that it could reasonably be expected to reveal the personal information of the correctional officer.

(f) Duration of the written request, removal for cause, renewals, revocations, and good standing clause. —

(1) A correctional officer’s written request is valid for 2 years, unless the correctional officer is removed for cause or fired, in which case that correctional officer’s name must be immediately removed by the Department.

(2) A correctional officer may renew their written request an unlimited number of times so long as they remain employed with the Department.

(3) A correctional officer may revoke their written request by providing notice to the Department or the government agency, person, business, or association with written permission to release the private information.

(4) Any correctional officer who retires or leaves the Department in good standing is eligible to request a 2-year extension of their written request from the date of retirement or date of leave.
11 Del. C. § 8607 — Delaware Code / Title 11 / Chapter 86 / Section 8607
§ Â
        8607. Violations and investigations.
Status: in_force

All suspected or reported violations of this chapter, Chapter 85 of this title, subchapter III, subpart K of Chapter 5 of this title, § 305(m) of Title 21, or the rules and regulations promulgated by the Board under § 8605 of this title shall be reported to the Office of the Director who shall investigate the reported violation.
11 Del. C. § 8553 — Delaware Code / Title 11 / Chapter 85 / Subchapter IV / Section 8553
§ Â
        8553. Duties.
Status: in_force

The Director of the State Bureau of Identification shall ensure that:

(1) Reports of all convictions under the criminal child sex abuse laws of this State are maintained by the Child Sex Abuse Information Repository;

(2) The Child Sex Abuse Information Repository works closely with schools, daycare centers and the Department of Services for Children, Youth and Their Families in providing child sex abuser information;

(3) The Child Sex Abuse Information Repository reports child sex abuser information to the National Crime Information Center; and

(4) The Child Sex Abuse Information Repository maintains close liaison with the National Center on Child Abuse and Neglect and the National Center for Missing and Exploited Children for exchange of information.
11 Del. C. § 5302 — Delaware Code / Title 11 / Chapter 53 / Section 5302
§ Â
        5302. Rules of criminal procedure.
Status: in_force

The Judges of the Court, or a majority of them, may, from time to time, adopt and promulgate general rules which prescribe and regulate the form and manner of process, pleading, practice and procedure governing criminal proceedings in the Court from inception to termination.
11 Del. C. § 4345 — Delaware Code / Title 11 / Chapter 43 / Subchapter IV / Section 4345
§ Â
        4345. Information on applications for parole and review to be provided by Chairperson.
Status: in_force

At least 14 days before any meeting of the Board, the Chairperson shall provide all the members of the Board with copies of all pertinent information and materials at the Chairperson’s disposal concerning all applications for parole coming before the Board at that meeting, or concerning any reviews which shall be undertaken at that meeting.
11 Del. C. § 5121 — Delaware Code / Title 11 / Chapter 51 / Subchapter II / Section 5121
§ Â
        5121. Adoption; scope.
Status: in_force

(a) The Superior Court may, from time to time, adopt and promulgate general rules which prescribe and regulate the form and manner of process, pleading, practice and procedure governing criminal proceedings in the Superior Court from their inception to their termination, including such proceedings before inferior courts and justices of the peace as are preliminary to indictment or information filed in the Superior Court.

(b) Such rules shall not abridge, enlarge or modify the substantive rights of any person, and shall preserve the right of trial by jury as at common law and as declared by the statutes and Constitution of this State.

(c) The Rules of Criminal Procedure for the Superior Court adopted and promulgated by the Supreme Court prior to the enactment of this Code shall take effect upon the enactment of this Code. Any amendments of or supplements to such Rules which the Superior Court may hereafter adopt and promulgate shall take effect upon such date as the Superior Court shall fix in its order adopting and promulgating such amendments or supplements. After the effective date of any rule adopted and promulgated under this section, all laws inconsistent or in conflict therewith shall be of no further force or effect.

(d) Nothing in this title, anything therein to the contrary notwithstanding, shall in any way limit, supersede or repeal any such rules heretofore prescribed under authority of law.
11 Del. C. § 6536B — Delaware Code / Title 11 / Chapter 65 / Subchapter VII / Section 6536B
§ Â
        6536B. Breastfeeding and lactation program [Effective July 21, 2026].
Status: in_force

(a) The Department shall create a breastfeeding and lactation program to support pregnant, postpartum, and lactating women in the custody of the Department. The Department shall develop policies and procedures for the program in partnership with a contracted breastfeeding organization. The program shall include:

(1) Policies for expressing breast milk, disposal of breast milk, and same-day storage of breast milk for later retrieval and delivery to an infant or toddler. Retrieval or delivery of breastmilk must be made by an approved person selected by the lactating inmate and approved by the facility administrator.

(2) Policies for providing and sterilizing manual or electric breast pumps and storage bags.

(3) Procedures for identifying a comfortable place to pump on a regular basis that is based on national best practices.

(4) A system for proper storage of the breast milk and transfer to the infant or toddler by an approved individual.

(5) A requirement that participants are in compliance with Department drug testing policies.

(6) The dispensing of prenatal vitamins to all lactating inmates.

(7) Procedures for providing medically-appropriate support and care related to the cessation of lactation or weaning.

(8) Nutrition information and a meal plan, based on national best practices, that is specific to pregnant, postpartum, or lactating women.

(b) Information regarding the breastfeeding program and policies shall be posted in all locations in the correctional facility where medical care is provided and shall be communicated to all staff persons who interact with or oversee pregnant or lactating inmates.

(c) The Department shall publish an annual report with the following information:

(1) The number of women requesting breastfeeding support.

(2) The number of women participating in the breastfeeding and lactation program.

(3) The number of women denied participation in the breastfeeding and lactation program and the reasons why the women were unable to participate in the program.

(4) The number of women expressing milk only and the number of women expressing milk for storage and transport to an infant and toddler.

(5) The number of women unable to start or continue in the program due to a failed drug screening.

(6) The number of women who receive nutrition information and a meal plan specific to pregnant, postpartum, or breastfeeding women.

(d) The Department shall submit the annual report created under subsection (c) of this section, along with the annual report created under § 6536A of this title, to the Governor, the General Assembly, and the Director and the Librarian of the Division of Legislative Services not later than January 1.
11 Del. C. § 4359A — Delaware Code / Title 11 / Chapter 43 / Subchapter V / Section 4359A
§ Â
        4359A. State Council for Interstate Adult Offender Supervision.
Status: in_force

(a) The State Council for Interstate Adult Offender Supervision is hereby established and shall consist of 7 members as follows:

(1) The Commissioner of Correction, or the Commissioner’s designee.

(2) The Director of Probation and Parole, or the Director’s designee.

(3) A member of the Delaware Senate appointed by the President Pro Tempore of the Senate to serve at the pleasure of the President Pro Tempore.

(4) A member of the Delaware House of Representatives appointed by the Speaker of the House to serve at the pleasure of the Speaker of the House.

(5) A member of the state judiciary appointed by the Chief Justice of the Delaware Supreme Court to serve at the pleasure of the Chief Justice.

(6) Two members appointed by the Governor who shall serve at the pleasure of the Governor. At least 1 of these appointments must be a representative of a victims’ assistance or advocacy organization.

(b) By majority vote of the members, the State Council for Interstate Adult Offender Supervision shall select a chairperson who shall serve as the Compact Commissioner and Administrator to the Interstate Commission for Adult Offender Supervision.

(c) The State Council shall exercise oversight and advocacy concerning the State’s participation in Interstate Commission activities and other duties including, but not limited to, the development of policy concerning operations and procedures of the Compact within the State.

(d) The State Council shall meet at least twice each year.
11 Del. C. § 4341 — Delaware Code / Title 11 / Chapter 43 / Subchapter IV / Section 4341
§ Â
        4341. Selection, appointment and removal of Board of Parole.
Status: in_force

(a) The Board of Parole shall consist of a Chairperson and 4 other members, all of whom shall be appointed by the Governor and confirmed by a majority of the members elected to the Senate. One member shall be from each county and 1 additional member shall be from the City of Wilmington. Appointed members may include, but not be limited to, those who have a demonstrated interest in correctional treatment, social welfare, or victim advocacy.

(b) The Chairperson shall be paid a salary which shall be fixed by the Governor.

(c) The Chairperson shall be experienced in the area or areas of probation, parole and/or other related areas of corrections.

(d) The Chairperson shall serve at the pleasure of the Governor, and all other members shall serve a 4-year term, provided that no more than 1 member’s term shall expire annually. The Governor may appoint members for terms of less than 4 years to ensure that the Board members’ terms expire on a staggered basis. A member shall hold office until a successor has been appointed and qualified.

(e) The Governor may remove a member of the Board only for disability, inefficiency, neglect of duty or malfeasance in office. A member may be deemed in neglect of duty if he or she is absent from 3 consecutive Board meetings without adequate reason or if they attend less than 50% of Board meetings in a calendar year. Before such removal the Governor shall give the member a written copy of the charges against such member and shall fix the time when such member can be heard in such member’s defense, which shall not be less than 10 days thereafter.
11 Del. C. § 1911 — Delaware Code / Title 11 / Chapter 19 / Subchapter I / Section 1911
§ Â
        1911. Police officers; statewide authority.
Status: in_force

(a) For purposes of this section “police officer” means any police officer holding current certification by the Police Officer Standards and Training Commission as provided by Chapter 84 of this title and who is:

(1) A member of the Delaware State Police;

(2) A member of the New Castle County Police;

(3) A member of the police department, bureau or force of any incorporated city or town;

(4) A member of the Delaware River and Bay Authority Police;

(5) A member of the Capitol Police;

(6) A member of the University of Delaware Police;

(7) A law-enforcement officer of the Department of Natural Resources and Environmental Control;

(8) An agent of the State Division of Alcohol and Tobacco Enforcement;

(9) An officer or agent of the State Police Drug Diversion Unit;

(10) A state detective or special investigator of the Department of Justice;

(11) Delaware State University Police; or

(12) A member of the Office of the State Fire Marshal.

(b) A police officer may arrest without a warrant at any location within the State any person the officer has reasonable grounds to believe is committing or attempting to commit a felony in the officer’s presence.

(c) An on-duty police officer may arrest upon view and without a warrant at any location within the State any person when probable cause exists to believe that the person is committing or attempting to commit any crime which creates a substantial risk of death or serious physical injury to another person or which constitutes a violation of § 4177 of Title 21.

(d) An “on-duty” police officer may arrest at any location in the State any person for any offense committed within the jurisdiction of the officer’s employing agency and for whose arrest a warrant has been issued. The “on-duty” police officer shall, where acting outside of the officer’s jurisdiction, take reasonable measures to notify the primary jurisdictional police agency of the intended time and place of the execution of the arrest warrant.

(e) A police officer may render assistance to another police officer at any location within the State when the officer reasonably believes that the police officer to be assisted is lawfully performing that officer’s duty and that death or injury will occur to that police officer if assistance is not provided.

(f) When police officers who are certified by the Police Officer Standards and Training Commission are dispatched by a Public Safety Answering Point outside of their respective jurisdiction as conservators of the peace, those officers shall be considered to be acting as officers of the dispatching agency and have the powers of arrest thereof.

(g) A police officer acting under the authority of this section shall be considered to be acting within the scope of employment.

(h) This section shall not serve to limit the authority of members of the Delaware State Police or other police officers as provided for elsewhere in this title or by other authority.

(i) “Police officer” as used in this code shall not include sheriffs and sheriff deputies.
11 Del. C. § 1914 — Delaware Code / Title 11 / Chapter 19 / Subchapter I / Section 1914
§ Â
        1914. Arrest or detention by private person prohibited.
Status: in_force

(a) Except as set forth under subsection (b) of this section, arrest or detention by any person who is not specifically authorized by statute to effect an arrest or detention is prohibited.

(b) If a peace officer is attempting to effect an arrest or detention, a private citizen may assist upon request of a peace officer or if the peace officer is incapacitated.
11 Del. C. § 8102 — Delaware Code / Title 11 / Chapter 81 / Section 8102
§ Â
        8102. Procedure for certain seized, recovered firearms, shell casings.
Status: in_force

(a) Whenever a law-enforcement agency seizes or recovers a firearm that was unlawfully possessed, used for any unlawful purpose, recovered from the scene of a crime, is reasonably believed to have been used or associated with the commission of a crime, or is acquired by the agency as an abandoned or discarded firearm, the agency shall:

(1) Transmit and receive information relating to that firearm with the National Crime Information Center System;

(2) Transmit and receive information relating to that firearm to the United States Alcohol, Tobacco, Firearms, and Explosives E-Trace System; and

(3) Arrange for every such firearm to be test-fired as soon as may be practicable and the results of that test-firing be forthwith submitted to the National Integrated Ballistics Identification Network to determine whether the firearm is associated or related to a crime, criminal event, or any individual associated or related to a crime or criminal event or reasonably believed to be associated or related to a crime or criminal event.

(b) Whenever a law-enforcement agency recovers any spent shell casing at a crime scene or has reason to believe that the recovered spent shell casing is related to or associated with the commission of a crime or the unlawful discharge of a firearm, the agency shall, as soon as may be practicable, submit the ballistics information to the National Integrated Ballistics Identification Network.

(c) The Department of Safety and Homeland Security, in cooperation with the Department of Justice, shall develop and promulgate a statewide standard protocol for the recovery and forensic processing of firearms and firearm-related evidence where such firearm was unlawfully possessed, used for any unlawful purpose, recovered from the scene of a crime, or reasonably believed to have been used or associated with the commission of a crime.
11 Del. C. § 432 — Delaware Code / Title 11 / Chapter 4 / Section 432
§ Â
        432. Entrapment as affirmative defense; defense unavailable in certain situations.
Status: in_force

(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.
11 Del. C. § 1460 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1460
§ Â
        1460. Possession of firearm  or projectile weapon while under the influence.
Status: in_force

(a) A person is guilty of possession of a firearm or projectile weapon while under the influence of alcohol or drugs when the person possesses a firearm or projectile weapon in a public place while under the influence of alcohol or drugs. It shall be an affirmative defense to prosecution under this section that, the firearm or projectile weapon was not readily operable, or that the person was not in possession of ammunition for the firearm or projectile weapon. The Superior Court shall have original and exclusive jurisdiction over a violation of this section.

(b) For purposes of this section, the following definitions shall apply:

(1) “Not readily operable” means that the firearm or projectile weapon is disassembled, broken down, or stored in a manner to prevent its immediate use.

(2) “Possess,” “possession” or “possesses” means that the person has the item under the person’s dominion and authority, and that said item is at the relevant time physically available and accessible to the person.

(3) “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, restaurants, bars, taverns, and hallways, lobbies and other portions of apartment houses and hotels not constituting rooms or apartments designed for actual residence.

(4) “Under the influence of alcohol or drugs” means:

a. Having an amount of alcohol in a sample of the person’s blood equivalent to .08 or more grams of alcohol per hundred milliliters of blood, or an amount of alcohol in a sample of breath equivalent to .08 or more grams per 210 liters of breath. A person shall be guilty, without regard to the person’s alcohol concentration at the time of possession of a firearm or projectile weapon in violation thereof, if such person’s alcohol concentration is .08 or more within 4 hours after the person was found to be in possession of a firearm or projectile weapon, and that alcohol concentration is the result of an amount of alcohol present in, or consumed by such person when that person was in possession of a firearm or projectile weapon; or

b. Being manifestly under the influence of alcohol or any illicit or recreational drug, as defined in § 4177(c) of Title 21, 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, provided that no person shall be “under the influence of alcohol or drugs” for purposes of this section when the person has not used or consumed an illicit or recreational drug prior to or during an alleged violation, but has only used or consumed such drug after the person has allegedly violated this section and only such use or consumption after such alleged violation caused the person’s blood to contain an amount of alcohol or drug or an amount of a substance or compound that is the result of the use or consumption of the drug within 4 hours after the time of the alleged violation thereof.

(c) A law-enforcement officer who has probable cause to believe that a person has violated this section may, with or without the consent of the person, take reasonable steps to conduct chemical testing to determine the person’s alcohol concentration or the presence of illicit or recreational drugs. A person’s refusal to submit to chemical testing shall be admissible in any trial arising from a violation of this section.

(d) (1) Except as provided in paragraph (d)(2) of this section, possession of a firearm or projectile weapon while under the influence is a class A misdemeanor.

(2) Possession of a firearm or projectile weapon while under the influence is a class G felony if the conviction is for an offense that was committed after a previous conviction for possession of a firearm or projectile weapon while under the influence.
11 Del. C. § 6573 — Delaware Code / Title 11 / Chapter 65 / Subchapter IX / Section 6573
§ Â
        6573. Execution.
Status: in_force

The Governor shall execute the Interstate Corrections Compact on behalf of this State with any of the United States legally joining therein.
11 Del. C. § 2309 — Delaware Code / Title 11 / Chapter 23 / Subchapter I / Section 2309
§ Â
        2309. Grounds for seizure of subject matter of search.
Status: in_force

(a) Any papers, articles or things which are the subject matter of a search warrant may be seized:

(1) By any peace officer without a search warrant where such paper, article or thing is in plain view without the necessity of a search.

(2) Where such paper, article or thing is discovered pursuant to a valid search, with or without a search warrant, whether or not such paper, article or thing is an object of the search or is described in the search warrant.

(b) The officer taking property under the warrant shall give to the person from whom or from whose premises the property was taken a copy of the warrant and a receipt for the property taken or shall leave the copy and receipt at the place from which the property was taken. The return shall be made forthwith and shall be accompanied by a written inventory of any property taken. The inventory shall be made and signed by the officer executing the warrant in the presence of the person from whose possession or premises the property was taken, if they are present, or, if they are not present, in the presence of at least 1 witness. The judge shall upon request deliver a copy of the inventory to the person from whom or from whose premises the property was taken and to the applicant for the warrant.
11 Del. C. § 2301 — Delaware Code / Title 11 / Chapter 23 / Subchapter I / Section 2301
§ Â
        2301. Search to accord with statute or Constitution.
Status: in_force

No person shall search any person, house, building, conveyance, place or other thing without the consent of the owner (or occupant, if any) unless such search is authorized by and made pursuant to statute or the Constitution of the United States.
11 Del. C. § 8503 — Delaware Code / Title 11 / Chapter 85 / Subchapter I / Section 8503
§ Â
        8503. Function; administration; appointment of Director.
Status: in_force

(a) The State Bureau of Identification, hereinafter referred to as the “Bureau,” is continued within the Division of State Police. The Bureau shall be the central state repository for criminal history record information (CHRI) and such additional information as specified in this subchapter.

(b) Subject to this subchapter, the Bureau shall be administered by the Superintendent of State Police. It shall be equipped and maintained by the State Police as a separate budget unit within the Department of Safety and Homeland Security.

(c) The Superintendent of State Police shall appoint, subject to the approval of the Department of Safety and Homeland Security, a Director of the Bureau. The Director shall be a regularly appointed member of State Police, who shall be trained and experienced in the classification and filing of fingerprints, and the Director and all other employees of the Bureau shall be subject to the same rules and regulations governing the State Police.

(d) A representative of the Bureau to be designated by the Superintendent shall be a member of any board or regulatory body established for the collection, retention and dissemination of criminal history information.
11 Del. C. § 4322 — Delaware Code / Title 11 / Chapter 43 / Subchapter II / Section 4322
§ Â
        4322. Protection of records.
Status: repealed

(a) (1) Except as provided under paragraph (a)(2) of this section, the presentence report, the preparole report, the supervision history, and all other case records obtained in the discharge of official duty by any member or employee of the Department shall be privileged and shall only be disclosed to the courts, the Board of Parole, the Board of Pardons, the Attorney General and the Deputies Attorney General, or others entitled by this chapter to receive this information. The court or Board of Pardons may permit the inspection of the report or other information or parts of the report or other information by the individual who is the subject of the report or other information or the individual’s attorney or other persons who in the judgment of the court or Board of Pardons have a proper interest in the report or other information, whenever the best interest of this State or welfare of the individual who is the subject of the report or other information or other person makes the action desirable or helpful.

(2) A presentence report prepared for the Superior Court or the Court of Common Pleas is under the control of the court for which the report is prepared.

(b) (1) The Commissioner or the Commissioner’s designees may receive and use, for the purpose of aiding in the treatment of rehabilitation of an individual, the preparole report, the supervision history, and other Department of Correction case records, provided that the information or reports remain privileged for any other purpose.

(2) This subsection does not apply to the presentence reports of the Superior Court and the Court of Common Pleas which reports shall remain under the control of such Courts.

(c) An individual incarcerated in a correctional facility may not be provided a copy of the Department of Correction Policy and Procedures Manuals, the Bureau of Prisons Policy and Procedures Manuals, the Department of Correction Facilities Operational Procedures, Administrative Regulations, or Post Orders that could jeopardize the safety or security of a correctional facility, corrections staff, individuals incarcerated in a correctional facility, or the public.

(d) A Department of Correction policy or procedure which, in the judgement of the Commissioner, contains information that could jeopardize the safety or security of a correctional facility, corrections staff, individuals incarcerated in a correctional facility, or the public shall be confidential and subject to disclosure only upon written authority of the Commissioner. For purposes of this subsection, “Department of Correction policy or procedure” includes any policy, procedure, post order, facility operational procedure, or administrative regulation adopted by a bureau, facility, or division of the Department.

(e) The Department of Services for Children, Youth and Their Families may receive and use, for the purposes of investigating child abuse, neglect and dependency, providing services to prevent further child abuse, neglect and dependency or in aiding in reunification of families, information contained in Department records concerning offenders, providing that such information or reports remain privileged for any other purpose. This information may contain, but is not limited to, information concerning program participation in level IV and level V institutions, special conditions of probation or parole, compliance with those conditions and general supervision in the community.

(f) Any subpoena issued for any record of the Department of Correction, or for any record of its employees maintained in the course of their duties, shall comply with the following procedure:

(1) The subpoena shall be issued at least 30 days in advance of the date on which production of the records is due.

(2) A copy of the subpoena shall be served on the State Solicitor.

Any subpoena issued without compliance with the requirements of this section shall be deemed void ab initio. Any such subpoena shall be reasonably limited in quantity with regard to the purpose for production and the issuer of the subpoena shall tender payment for the cost of the photocopying as established by the Department.

(g) Any subpoena issued for any record of the Department of Correction, or for any record of its employees maintained in the course of their duties, in a civil action between private parties shall comply with the following procedure:

(1) Where the information sought may reasonably be expected to be in the possession of 1 of the parties to the litigation, as well as in the possession of the Department, the information shall first be sought from the party to the litigation having possession of the information.

(2) Prior to seeking criminal history records from the Department, the party seeking the information shall first attempt to obtain criminal history information through proper procedures at the State Bureau of Identification, pursuant to § 8513 of this title.

(3) Any subpoena issued under this subsection shall meet the requirements of subsection (f) of this section above.

(h) (1) Any subpoena or summons issued for testimony of any official or employee of the Department of Correction shall be issued at least 30 days in advance of the date on which the testimony is due, and a copy of the subpoena or summons shall be served on the State Solicitor.

(2) Any subpoena or summons issued for testimony of any official or employee of the Department of Correction, where the substance of the testimony would involve information contained in the records of the Department, shall comply with the requirements of subsection (f) of this section above, and the subpoena or summons shall be deemed a subpoena for the Department’s records. The Department or its Deputy Attorney General shall notify the issuer when a subpoena or summons for testimony is deemed a subpoena for records and subsection (f) of this section applies.

(3) The requirements of this subsection apply to both criminal and civil actions and in all courts.

(i) Notwithstanding any language in this section or elsewhere to the contrary, the time requirements in this section regarding the issuance of subpoenas shall not apply to any subpoena issued in:

(1) [Repealed.]

(2) Any civil or criminal case where the issuing party has less than 45 days’ notice of the trial date; or

(3) If the party issuing the subpoena can show that the late subpoena was issued as a result of information provided by the State less than 45 days prior to the trial date.

(j) An individual denied access to a document under subsection (c) or (d) of this section may seek relief under § 10005 of Title 29.
11 Del. C. § 1234 — Delaware Code / Title 11 / Chapter 5 / Subchapter VI / Section 1234
§ Â
        1234. Corroboration of testimony of perjury or false written statement.
Status: in_force

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.
11 Del. C. § 8518 — Delaware Code / Title 11 / Chapter 85 / Subchapter I / Section 8518
§ Â
        8518. Scientific crime detection laboratory.
Status: in_force

To the end that the Bureau may be able to furnish the assistance and aid specified in § 8517 of this title, the Superintendent of the State Police may direct the Director to organize in the Bureau and maintain therein scientific crime detection laboratory facilities.
11 Del. C. § 2501 — Delaware Code / Title 11 / Chapter 25 / Subchapter I / Section 2501
§ Â
        2501. Definitions.
Status: in_force

As used in this subchapter, unless the context indicates a different intent:

(1) “Executive authority” includes the governor and any person performing the functions of governor in a state other than this State.

(2) “Governor” includes any person performing the functions of Governor by authority of the law of this State.

(3) “State,” referring to a state other than this State, includes any other state or territory, organized or unorganized, of the United States of America.
11 Del. C. § 8902B — Delaware Code / Title 11 / Chapter 89B / Section 8902B
§ Â
        8902B. Provision of call location information by wireless service provider to law enforcement.
Status: in_force

(a) Upon request of a law-enforcement agency or a public safety answering point on behalf of a law-enforcement agency, a wireless provider shall provide call location information concerning the telecommunications device of a wireless service customer to the requesting law-enforcement agency or public safety answering point. A law-enforcement agency or public safety answering point shall only request information under this chapter for the purposes of responding to a call for emergency services or in an emergency situation that involves the risk of death or serious physical harm.

(b) A wireless provider may establish protocols by which the carrier voluntarily discloses call location information.

(c) No cause of action shall lie in any court against a wireless provider, its directors, officers, employees, agents, or vendors for providing cell location tracking information to a law-enforcement agency or public safety answering point as required by this chapter.

(d) The Delaware State Police Headquarters Communications shall obtain contact information from all wireless providers authorized to do business in this State to facilitate a request from a law-enforcement agency or a public safety answering point on behalf of a law-enforcement agency for call location information under this section. The Delaware State Police Headquarters Communications shall disseminate the contact information to each public safety answering point in this State.
11 Del. C. § 8515 — Delaware Code / Title 11 / Chapter 85 / Subchapter I / Section 8515
§ Â
        8515. Furnishing information of injured or deceased persons.
Status: in_force

If a law-enforcement officer or the Division of Forensic Science transmits to the Bureau the identification data of any unidentified deceased or injured person or any person suffering from loss of memory, the Bureau shall furnish to such officer or the Division any information available pertaining to the identification of such person.
11 Del. C. § 8604 — Delaware Code / Title 11 / Chapter 86 / Section 8604
§ Â
        8604. Board of Managers â Duty to ensure compliance with statute.
Status: in_force

The Board shall ensure that all authorized agencies collecting, storing, or disseminating criminal justice information and other information concerning crimes and offenders comply with this chapter, Chapter 85 of this title, subchapter III, subpart K of Chapter 5 of this title, § 305(m) of Title 21, and the rules and regulations promulgated by the Board under § 8605 of this title.
11 Del. C. § 9002 — Delaware Code / Title 11 / Chapter 90 / Section 9002
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        9002. Definitions.
Status: repealed

For purposes of this chapter:

(1) “Agency” means the Victims’ Compensation Assistance Program.

(2) “Appeals Board” means the Victims’ Compensation Assistance Program Appeals Board.

(3) “Child” means an unmarried person who is under 18 years of age, and includes the stepchild, foster child, or adopted child of the victim, or child conceived before, but born after, the personal injury or death of the victim.

(4) “Claimant” means victim, secondary victim, dependent, or any other person filing a claim under § 9012 of this title on behalf of a victim, secondary victim, or dependent.

(5) “Council” means the Victims’ Compensation Assistance Program Advisory Council.

(6) “Crime” means any of the following:

a. Any specific offense set forth in Chapter 5 of this title, if the offense was committed after July 1, 1973, and contains the characteristics of murder, rape, unlawful sexual intercourse, unlawful sexual penetration or unlawful sexual contact, manslaughter, assault, kidnapping, arson, burglary, riot, robbery, unlawful use of explosives, unlawful use of firearms, stalking, or endangering the welfare of a child.

b. Any specific offense set forth in former Chapter 3 of this title, if such offense was committed prior to July 1, 1973, and contains the characteristics of murder, rape or any other sexual assault or sexual abuse, manslaughter, assault, kidnapping, arson, burglary, robbery, riot, unlawful use of explosives, or unlawful use of firearms.

c. Any specific offense occurring in another state, possession, or territory of the United States or in violation of the United States Criminal Code, in which a person whose domicile is in Delaware is a victim, if the offense contains the characteristics of murder, rape or any other sexual assault or sexual abuse, manslaughter, assault, kidnapping, arson, burglary, riot, robbery, unlawful use of explosives, or unlawful use of firearms as set forth in Chapter 5 of this title.

d. Any specific act of delinquency by a child, which if committed by an adult would constitute a specific offense set forth in Chapter 5 of this title, and contains the characteristics of murder, rape, unlawful sexual intercourse, unlawful sexual penetration or unlawful sexual contact, manslaughter, assault, kidnapping, arson, burglary, robbery, riot, unlawful use of explosives, or unlawful use of firearms.

e. An act of terrorism, as defined in 18 U.S.C. § 2331, committed outside, or inside, the United States against a resident or domiciliary of this State.

f. Any offense under the Criminal Code or the Motor Vehicle Code containing as an element the act of driving under the influence of alcohol or any drug or driving with a prohibited blood alcohol concentration, vehicular homicide in any degree, vehicular assault in any degree, operation of a motor vehicle causing death, leaving the scene of an accident involving personal injury, or operation of a vehicle causing serious physical injury to a vulnerable user.

g. Any act that contains the characteristics of domestic violence or abuse.

h. Any act that contains the characteristics of human trafficking as defined in § 787 of this title.

(7) “Dependent” used as a noun, means a person wholly or substantially dependent on the income of the victim at the time of victim’s death, or would have been so dependent but for the incapacity of the victim due to the injury from which the death resulted, and includes a child born after the death of the victim.

(8) “Executive Director” means the executive director of the Agency, except in § 9003 of this title.

(9) “Guardian” means any person, governmental instrumentality, or private organization who is entitled by law or legal appointment to care for and manage the person or property, or both, of a child or person who is incapacitated.

(10) “Pecuniary loss” means any expenses actually and necessarily incurred as a result of personal injury or death resulting from a crime, but does not include property damage. “Pecuniary loss” includes the following, except that for secondary victims, “pecuniary loss” means what is in paragraphs (10)d. and (10)o. of this section, and for claimants in homicide cases, “pecuniary loss” means what is in paragraphs (10)b., (10)c., (10)d., (10) f., (10)h., (10)o., (10)s., and (10)u. of this section:

a. Crime scene cleanup not to exceed $1,000.

b. Temporary housing not to exceed $1,500.

c. Moving expenses not to exceed $1,000.

d. Essential personal safety property not to exceed $1,500.

e. Lost wages of parents or others charged with the care, custody, or guardianship of a victim while providing care to the victim.

f. Reasonable expenses, other than counseling of secondary victims where the victim has been killed by the act of a person during the commission of a crime, not to exceed $1,000.

g. The deductible under a policy of automobile insurance where a motor vehicle is stolen in connection with a crime, not to exceed the amount of the deductible.

h. Housing-related expenses, including mortgage, rent, security deposit, or other housing costs and furniture not to exceed 3 times the claimant’s monthly prospective housing cost.

i. Loss of support for victims of violence, not to exceed $3,000, when all of the following are established:

1. The offender was gainfully employed or had other legal income at the time the crime was committed against the victim.

2. The victim is fully or partially dependent on the income of the offender.

3. The victim no longer has that income from the offender.

j. Compensation for towing and impoundment expenses incurred as a direct result of a crime.

k. The cost to change locks and replace items seized as evidence.

l. Child care not to exceed the deposit plus 2 months of care by a state-approved or licensed day care provider.

m. Reimbursement for reasonable expenses incurred due to attendance at criminal proceedings as a witness for the prosecution.

n. Medical expenses.

o. Psychiatric care and mental health counseling.

p. Nonmedical remedial care and treatment rendered in accordance with a religious method of healing.

q. Hospital expenses.

r. Loss of past or future earnings, including reimbursement for vacation, sick, and compensatory time, because of a disability resulting from personal injury.

s. Funeral expenses and burial expenses not to exceed $7,500.

t. [Repealed.]

u. Loss of support to the dependents of a victim of homicide.

(11) “Person who is incapacitated” means a person who is incapable of managing the person’s own affairs, as determined by the Agency or by a court of competent jurisdiction.

(12) “Personal injury” means bodily harm, mental, emotional or psychological harm, or includes pregnancy resulting from the crime.

(13) “Secondary victim” means any parent, stepparent, grandparent, son, daughter, spouse, sibling, half-sibling, fiance, caretaker of the victim, any child who resides on a regular or semi-regular basis with any adult who is the victim of, or convicted of, any crime involving an act of domestic violence, the parents of a victim’s spouse, or any person who resided in the victim’s household at the time of the crime or at the time of the discovery of the crime. For purposes of receiving mental health counseling only, this definition includes any person who discovers and reports a homicide.

(14) “Victim” means a person who sustains a personal injury or is killed by the act of any other person during the commission of a crime.
11 Del. C. § 9619 — Delaware Code / Title 11 / Chapter 96 / Subchapter II / Section 9619
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        9619. Penalties.
Status: in_force

(a) Any person who knowingly provides false information in regard to a material fact contained in any application made pursuant to this subchapter shall be subject to termination from the program and to criminal penalties under § 1233 of this title, or any other applicable provision of this Code.

(b) Any person who intentionally, knowingly or recklessly attempts to gain access to or gains access to a program participant’s actual address by fraud or misrepresentation may be subject to criminal penalties under §§ 873, 876, and 932 of this title, or any other applicable provision of this Code.

(c) A person who lawfully obtains a program participant’s actual address and who subsequently discloses or uses the actual address in a manner not authorized by this subchapter may be subject to criminal penalties under §§ 873, 876, and 932 of this title, or any other applicable provision of this Code.

(d) A person who violates § 9616A(a) of this title is guilty of a class A misdemeanor, except that the violation is:

(1) A class G felony if the violation results in physical injury to the program participant or a member of the program participant’s household; or

(2) A class D felony if the violation results in serious physical injury to the program participant or a member of the program participant’s household.

(e) The remedies for aggrieved persons set forth in § 941 of this title are available to program participants for violations of § 9616A of this title.