11 Del. C. § 1312 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1312
§ Â
        1312. Stalking; class G felony, class F felony, class C felony.
Status: in_force

(a) A person is guilty of stalking when the person knowingly engages in a course of conduct directed at a specific person and that conduct would cause a reasonable person to:

(1) Fear physical injury to himself or herself or that of another person; or

(2) Suffer other significant mental anguish or distress that may, but does not necessarily, require medical or other professional treatment or counseling.

(b) A violation of subsection (a) of this section is a class G felony.

(c) Stalking is a class F felony if a person is guilty of stalking and 1 or more of the following exists:

(1) The person is age 21 or older and the victim is under the age of 14; or

(2) The person violated any order prohibiting contact with the victim; or

(3) The victim is age 62 years of age or older; or

(4) The course of conduct includes a threat of death or threat of serious physical injury to the victim, or to another person; or

(5) The person causes physical injury to the victim.

(d) Stalking is a class C felony if the person is guilty of stalking and 1 or more of the following exists:

(1) The person possesses a deadly weapon during any act; or

(2) The person causes serious physical injury to the victim.

(e) Definitions. — The following terms shall have the following meaning as used in this section:

(1) “Course of conduct” means 3 or more separate incidents, including, but not limited to, acts in which the person directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveys, threatens, or communicates to or about another, or interferes with, jeopardizes, damages, or disrupts another’s daily activities, property, employment, business, career, education, or medical care. A conviction is not required for any predicate act relied upon to establish a course of conduct. A conviction for any predicate act relied upon to establish a course of conduct does not preclude prosecution under this section. Prosecution under this section does not preclude prosecution under any other section of the Code.

(2) “A reasonable person” means a reasonable person in the victim’s circumstances.

(f) Notwithstanding any contrary provision of § 4205 of this title, any person who commits the crime of stalking by engaging in a course of conduct which includes any act or acts which have previously been prohibited by a then-existing court order or sentence shall receive a minimum sentence of 6 months incarceration at Level V. The first 6 months of said period of incarceration shall not be subject to suspension.

(g) Notwithstanding any contrary provision of § 4205 of this title, any person who is convicted of stalking within 5 years of a prior conviction of stalking shall receive a minimum sentence of 1 year incarceration at Level V. The first year of said period of incarceration shall not be subject to suspension.

(h) In any prosecution under this law, it shall not be a defense that the perpetrator was not given actual notice that the course of conduct was unwanted; or that the perpetrator did not intend to cause the victim fear or other emotional distress.

(i) In any prosecution under this section, it is an affirmative defense that the person charged was engaged in lawful picketing.

(j) This section shall not apply to conduct which occurs in furtherance of legitimate activities of law-enforcement, private investigators, security officers or private detectives as those activities are defined in Chapter 13 of Title 24.
11 Del. C. § 542 — Delaware Code / Title 11 / Chapter 5 / Subchapter I / Section 542
§ Â
        542. Exemption of law-enforcement officers.
Status: in_force

Nothing in this subchapter shall apply to any law-enforcement officer or the officer’s agent while acting in the lawful performance of duty.
11 Del. C. § 224 — Delaware Code / Title 11 / Chapter 2 / Section 224
§ Â
        224. Valuation of property.
Status: in_force

Whenever the value of property is determinative of the degree of an accused’s criminal guilt or otherwise relevant in a criminal prosecution, it shall be ascertained as follows:

(1) Except as otherwise specified in this section, “value” means the market value of the property at the time and place of the crime, or if that cannot be satisfactorily ascertained, the cost of replacing the property within a reasonable time after the crime.

(2) Whether or not they have been issued or delivered, the value of certain written instruments, not including those having a readily ascertainable market value, shall be ascertained as follows:

a. The value of an instrument constituting an evidence of debt, such as a check, draft or promissory note, shall be deemed the amount due or collectible thereon or thereby, that figure ordinarily being the face amount of the indebtedness less any portion thereof which has been satisfied.

b. The value of any other instrument which creates, releases, discharges or otherwise affects any valuable legal right, privilege or obligation shall be deemed the greatest amount of economic loss which the owner of the instrument might reasonably suffer by virtue of the loss of the instrument.

(3) When the value of property cannot satisfactorily be ascertained pursuant to the standards set forth in paragraphs (1) and (2) of this section, its value shall be deemed to be an amount less than $100.
11 Del. C. § 933 — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 933
§ Â
        933. Theft of computer services.
Status: in_force

A person is guilty of the computer crime of theft of computer services when the person accesses or causes to be accessed or otherwise uses or causes to be used a computer system with the intent to obtain unauthorized computer services, computer software or data.
11 Del. C. § 4209A — Delaware Code / Title 11 / Chapter 42 / Section 4209A
§ Â
        4209A. Punishment for first-degree murder committed by juvenile offenders.
Status: in_force

Any person who is convicted of first-degree murder for an offense that was committed before the person had reached the person’s eighteenth birthday shall be sentenced to term of incarceration not less than 25 years to be served at Level V up to a term of imprisonment for the remainder of the person’s natural life to be served at Level V without benefit of probation or parole or any other reduction.
11 Del. C. § 9007 — Delaware Code / Title 11 / Chapter 90 / Section 9007
§ Â
        9007. Victimsâ Compensation Assistance Program Appeals Board.
Status: in_force

(a) There is hereby established the Victims’ Compensation Assistance Program Appeals Board, hereafter “Appeals Board”, which is composed of 5 members to be appointed by the Governor and confirmed by the Senate. No more than 3 members may be of 1 major political party. Appeals Board representation must reflect representation from all counties of the State.

(b) Members of the Violent Crimes Compensation Board serving on July 31, 2009, will become the members of the Appeals Board. They will serve the balance of their terms in accordance with the provisions of the statute in existence at the time of their last reappointment. Upon expiration of the current terms of the Appeals Board members, their compensation will be $100 per meeting. The compensation of all other Appeals Board members is $100 per meeting.

(c) The term of Appeals Board members is 3 years. A member shall continue to serve until that member’s successor is duly appointed but a holdover under this provision does not affect the expiration date of the succeeding term.
11 Del. C. § 1266 — Delaware Code / Title 11 / Chapter 5 / Subchapter VI / Section 1266
§ Â
        1266. Tampering with a juror; class A misdemeanor.
Status: in_force

A person is guilty of tampering with a juror when:

(1) With intent to influence the outcome of an official proceeding, the person communicates with a juror in the proceeding, except as permitted by the rules of evidence governing the proceeding; or

(2) In relation to an official proceeding pending or about to be brought before the juror, the person offers, negotiates, confers or agrees to confer any payment or benefit to the juror or to a third person in consideration for supplying any information depicting the juror’s service.

For purposes of this section, a juror shall be any person who has received notice of summons to appear for jury service.

Tampering with a juror is a class A misdemeanor.
11 Del. C. § 3525 — Delaware Code / Title 11 / Chapter 35 / Subchapter II / Section 3525
§ Â
        3525. Uniformity of interpretation.
Status: in_force

This subchapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of the states which enact it.
11 Del. C. § 3913 — Delaware Code / Title 11 / Chapter 39 / Subchapter II / Section 3913
§ Â
        3913. Test results; notification to Department of Correction; counseling; cost; notice of appeal not to automatically stay order for HIV testing.
Status: in_force

(a) The result of any human immunodeficiency virus testing conducted pursuant to this subchapter shall only be made available by the Division of Public Health to the victim, or the parent or guardian of the victim who is a minor or has an intellectual disability or a mental incapacity, the defendant, the court issuing the order for testing, and any other person or agency pursuant to Chapters 12 and 12A of Title 16.

(b) In addition, the Division of Public Health shall provide to the Department of Correction the result of any human immunodeficiency virus test conducted pursuant to this subchapter which indicates that the defendant is infected with the human immunodeficiency virus. The Department of Correction shall use this information solely for the purpose of providing medical treatment to the defendant while incarcerated in any correctional institution.

(c) If the human immunodeficiency virus test indicates the presence of human immunodeficiency virus infection, the Division of Public Health shall provide counseling to the victim and the defendant regarding human immunodeficiency virus disease, and referral for appropriate health-care and support services.

(d) The cost of testing under this subchapter shall be paid by the defendant tested, unless the court has determined that the defendant is an indigent person.

(e) Filing of a notice of appeal shall not automatically stay an order that the defendant submit to a human immunodeficiency virus test.

(f) A defendant must submit to follow-up tests for HIV as may be medically appropriate.
11 Del. C. § 8411 — Delaware Code / Title 11 / Chapter 84 / Section 8411
§ Â
        8411. Transition and continuity.
Status: in_force

As of August 7, 2023 all powers and duties formerly vested in the Council on Police Training, shall instead be invested in the Police Officer Standards and Training Commission.
11 Del. C. § 1321 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1321
§ Â
        1321. Loitering; violation.
Status: in_force

A person is guilty of loitering when:

(1) The person fails or refuses to move on when lawfully ordered to do so by any police officer; or

(2) The person stands, sits idling or loiters upon any pavement, sidewalk or crosswalk, or stands or sits in a group or congregates with others on any pavement, sidewalk, crosswalk or doorstep, in any street or way open to the public in this State so as to obstruct or hinder the free and convenient passage of persons walking, riding or driving over or along such pavement, walk, street or way, and fails to make way, remove or pass, after reasonable request from any person; or

(3) The person loiters or remains in or about a school building or grounds, not having reason or relationship involving custody of or responsibility for a pupil or any other specific or legitimate reason for being there, unless the person has written permission from the principal; or

(4) The person loiters, remains or wanders about in a public place for the purpose of begging; or

(5) The person loiters or remains in a public place for the purpose of engaging or soliciting another person to engage in sexual intercourse or deviate sexual intercourse; or

(6) The person loiters, congregates with others or prowls in a place at a time or in a manner not usual for law-abiding individuals under circumstances that warrant alarm for the safety of persons or property in the vicinity, especially in light of the crime rate in the relevant area. Unless flight by the accused or other circumstances make it impracticable, a peace officer shall, prior to any arrest for an offense under this paragraph, afford the accused an opportunity to dispel any alarm which would otherwise be warranted, by requesting identification and an explanation of the person’s presence and conduct. No person shall be convicted of an offense under this paragraph if the peace officer did not comply with the preceding sentence, or if it appears that the explanation given by the accused was true and, if believed by the peace officer at the time, would have dispelled the alarm.

Loitering is a violation.
11 Del. C. § 9206 — Delaware Code / Title 11 / Chapter 92 / Section 9206
§ Â
        9206. Hearing â Evidence obtained in violation of officerâs rights.
Status: in_force

No evidence may be obtained, received or admitted into evidence in any proceeding of any disciplinary action which violates any of the rights established by the United States Constitution or Delaware Constitution or by this chapter. The tribunal may not enter any judgment or sustain any disciplinary action based on any evidence obtained in violation of the officer’s rights as contained in this chapter.
11 Del. C. § 1247 — Delaware Code / Title 11 / Chapter 5 / Subchapter VI / Section 1247
§ Â
        1247. Defense to compounding a crime.
Status: in_force

In any prosecution for compounding a crime, it is an affirmative defense that the benefit did not exceed the amount which the accused believed to be due as restitution or indemnification for harm caused by the crime.
11 Del. C. § 1268 — Delaware Code / Title 11 / Chapter 5 / Subchapter VI / Section 1268
§ Â
        1268. Communications between jurors not tampering or misconduct.
Status: in_force

Nothing in § 1266 or § 1267 of this title applies to communications between jurors in the same proceeding with regard to matters admitted as evidence in the proceeding.
11 Del. C. § 1004 — Delaware Code / Title 11 / Chapter 5 / Subchapter IV / Section 1004
§ Â
        1004. Advertising marriage in another state.
Status: in_force

A person is guilty of advertising marriage in another state when the person erects any sign or billboard, or publishes or distributes any material giving information relative to the performance of marriage in another state.

Advertising marriage in another state is a violation. In addition, a peace officer of this State may seize and destroy any sign, billboard or material which the officer observes in violation of this section.
11 Del. C. § 1106 — Delaware Code / Title 11 / Chapter 5 / Subchapter V / Section 1106
§ Â
        1106. Unlawfully dealing with a child; class B misdemeanor.
Status: in_force

A person is guilty of unlawfully dealing with a child when:

(1) The person knowingly permits a child less than 18 years old to enter or remain in a place where unlawful narcotics or dangerous drugs activity is maintained or conducted; or

(2) The person knowingly permits a child less than 18 years old to enter or remain in a place where unlawful sexual activity is maintained or conducted; or

(3) The person knowingly permits a child less than 18 years old to enter or remain in a place where gambling activity which is made unlawful by this Criminal Code is maintained or conducted; or

(4) The person, being the proprietor or person in charge of any dance house, concert saloon, theater, museum or similar place of amusement, where wines or spirituous or malt liquors are sold or given away, knowingly admits or permits to remain therein any minor under the age of 18 years, unless accompanied by a parent or guardian.

Unlawfully dealing with a child is a class B misdemeanor.
11 Del. C. § 4383 — Delaware Code / Title 11 / Chapter 43 / Subchapter VIII / Section 4383
§ Â
        4383. Earned compliance credit for probation.
Status: in_force

(a) Any periods of probation sentenced to or released to probation on or after August 8, 2012, may be reduced by earned compliance credit under the provisions of this chapter and rules and regulations adopted by the Department.

(b) (1) Persons under supervision may earn up to 30 days of credit for 30 days of compliance with conditions of supervision.

(2) Earned compliance credit is forfeited on conviction of a new crime and may be forfeited on revocation of probation.

(c) For any individual released on or after August 8, 2012, a period of conditional release must be served concurrently with the probationary period.

(d) Earned compliance credit does not apply to any period of probation imposed for any of the following:

(1) A sexual offense as defined in § 761 of this title.

(2) A violent felony in this title as designated by § 4201(c) of this title.

(3) An offense set forth in the Delaware Code, if the period of probation is imposed to ensure the collection of any restitution ordered and the individual is sentenced to Accountability Level I—Restitution Only.

(4) Such other categories of offenses as set forth in the rules and regulations adopted by the Department.

(e) If an individual on probation is eligible to receive earned compliance credits, the Department shall notify the individual in writing that the individual is eligible to receive earned compliance credits. The Department shall notify an individual on probation of the individual’s earned compliance credit eligibility date when the Department calculates the date.
11 Del. C. § 9105 — Delaware Code / Title 11 / Chapter 91 / Section 9105
§ Â
        9105. Judicial review.
Status: in_force

Any party aggrieved by a final determination and order of the Board may appeal such final determination and order to the Superior Court.
11 Del. C. § 1946 — Delaware Code / Title 11 / Chapter 19 / Subchapter III / Section 1946
§ Â
        1946. Direction and authorization of activities.
Status: in_force

(a) The principal law-enforcement officer on duty of a jurisdiction shall be responsible for directing the activities of all police coming into that officer’s jurisdiction pursuant to this subchapter.

(b) The principal law-enforcement officer shall be empowered to authorize all police from a foreign jurisdiction to the same extent as if they were duly authorized law-enforcement officers of the jurisdiction.
11 Del. C. § 630 — Delaware Code / Title 11 / Chapter 5 / Subchapter II / Section 630
§ Â
        630. Vehicular homicide in the second degree; class D felony; minimum sentence; juvenile offenders.
Status: in_force

(a) A person is guilty of vehicular homicide in the second degree when:

(1) While in the course of driving or operating a motor vehicle, the person’s criminally negligent driving or operation of said vehicle causes the death of another person; or

(2) While in the course of driving or operating a motor vehicle, under the influence of alcohol or drugs or with a prohibited alcohol or drug content, as defined by § 4177 of Title 21, the person’s negligent driving or operation of said vehicle causes the death of another person.

Vehicular homicide in the second degree is a class D felony.

(b) The minimum sentence required by paragraph (a)(2) of this section shall be 1 year, notwithstanding § 4205(b)(6) of this title. The minimum sentence shall not be subject to suspension, and no person convicted under this section shall be eligible for probation, parole, furlough, work release or supervised custody during the first year of such sentence.

(c) Every person charged under this section after having reached his or her sixteenth birthday, shall be treated for purposes of trial or other disposition of the charge, including but not limited to sentencing, as an adult, notwithstanding any contrary provisions of statutes governing the Family Court, or any other state law, except that the mandatory minimum sentencing provisions of subsection (b) of this section and § 630A(b) of this title shall not apply to juveniles. Any such case involving a juvenile shall be subject to the transfer provisions of § 1011 of Title 10. Any period of incarceration imposed upon a juvenile by operation of this section shall be served in a juvenile correctional facility until the person attains their 18th birthday, at which time the person shall be transferred to the appropriate adult correctional institution or jail to serve any remaining portion of the sentence.
11 Del. C. § 4116 — Delaware Code / Title 11 / Chapter 41 / Subchapter II / Section 4116
§ Â
        4116. Excess funds.
Status: in_force

If at any time the amount of funds segregated in the Special Law Enforcement Assistance Fund exceeds $500,000, the excess shall be deposited in the General Fund.
11 Del. C. § 1364 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1364
§ Â
        1364. Definition of obscene.
Status: in_force

Material or live conduct is obscene if:

(1) The average person applying contemporary community standards would find the material or conduct, taken as a whole, appeals to the prurient interests; and

(2) The material depicts or describes or the live conduct portrays:

a. Patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated; or

b. Patently offensive representations or descriptions of masturbation, excretory functions, and/or lewd exhibitions of the genitals; and

(3) The work or conduct taken as a whole lacks serious literary, artistic, political or scientific value.
11 Del. C. § 8608 — Delaware Code / Title 11 / Chapter 86 / Section 8608
§ Â
        8608. Authorized users.
Status: in_force

(a) No individual shall be an authorized user with an authorized agency which has or allows access to criminal justice information without meeting the minimum requirements prescribed by the Board to determine if the individual could endanger the security, privacy, or integrity of such information.

(b) The Board shall initiate or cause to be initiated administrative action leading to the suspension or removal of an authorized user’s access if that authorized user violates 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.

(c) The Board shall establish rules and regulations for resolving appeals by authorized users to the Board.

(d) Nothing in this chapter or in any rule promulgated by the Board under § 8605 of this title shall limit the authority of an authorized agency to deny the appointment, promotion, or transfer of any individual to any position which requires access to criminal justice information.

(e) An authorized user who knowingly or recklessly violates the terms 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 guilty of a class A misdemeanor and shall be punished according to Chapter 42 of this title.

(f) Any individual who is denied access to criminal justice information shall be given a written statement of the reason or reasons therefor by the agency responsible for such action.
11 Del. C. § 1411 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1411
§ Â
        1411. Unlawfully disseminating gambling information; class A misdemeanor.
Status: in_force

A person is guilty of unlawfully disseminating gambling information when:

(1) Being a public utility it knowingly furnishes to another person a private wire for use in disseminating information in furtherance of gambling or for gambling purposes; or

(2) The person knowingly uses a private wire in disseminating or receiving information in furtherance of gambling or for gambling purposes; or

(3) The person engages in the business of or receives compensation in any form for disseminating or receiving information in furtherance of gambling or for gambling purposes by means of a private wire or a call service.

Unlawfully disseminating gambling information is a class A misdemeanor.
11 Del. C. § 5131 — Delaware Code / Title 11 / Chapter 51 / Subchapter III / Section 5131
§ Â
        5131. Legislative intent.
Status: in_force

The General Assembly finds that it is necessary to provide child victims and witnesses with additional consideration and different treatment than that usually required for adults. It is therefore the intent of the General Assembly to provide each child who is involved in a criminal proceeding within the Superior Court with certain fundamental rights and protections.
11 Del. C. § 1459 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1459
§ Â
        1459. Possession of a weapon with a removed, obliterated or altered serial number.
Status: in_force

(a) No person shall knowingly transport, ship, possess or receive any firearm or firearm frame or receiver with the knowledge that the importer’s or manufacturer’s serial number has been removed, obliterated or altered in a manner that has disguised or concealed the identity or origin of the firearm.

(b) This section shall not apply to a firearm manufactured prior to 1973.

(c) Possessing, transporting, shipping or receiving a firearm with a removed, obliterated or altered serial number pursuant to this section is a class D felony.
11 Del. C. § 8401 — Delaware Code / Title 11 / Chapter 84 / Section 8401
§ Â
        8401. Definitions.
Status: in_force

As used in this chapter:

(1) “Approved school” means a school authorized by the Commission to provide mandatory training and education for police officers as prescribed in this chapter.

(2) “Articulation agreement” means a written agreement for the transfer of academic credit.

(3) “Body-worn camera” means an electronic device that is worn by a law-enforcement officer and records audio and video data on the device itself or transmits audio and video data to another location for recording.

(4) “Commission” means the Police Officer Standards and Training Commission.

(5) “Permanent appointment” means appointment by the authority of any municipality or governmental unit in or of this State or the University of Delaware to permanent status as a police officer.

(6) “Police officer” means a sworn member of a police force or other law-enforcement agency of this State or of any county or municipality, whether employed full or part-time, who is responsible for the prevention and the detection of crime and the enforcement of laws of this State or other governmental units within the State.

a. For purposes of this chapter this term shall include permanent law-enforcement officers of the Department of Natural Resources and Environmental Control, state fire marshals, municipal fire marshals who are graduates of a Delaware Police Academy which is accredited/authorized by the Commission, sworn members of the City of Wilmington Fire Department who have graduated from a Delaware Police Academy which is authorized/accredited by the Commission, environmental protection officers, enforcement agents of the Department of Natural Resources and Environmental Control, agents of the State Division of Alcohol and Tobacco Enforcement, officers or agents of the Delaware Police Sex Offender Task Force, agents employed by a state, county or municipal law-enforcement agency engaged in monitoring sex offenders, state detective or special investigator of the Department of Justice and officers of the University of Delaware Police Division, Delaware State University Police Department.

b. For purposes of this chapter this term does not include the following:

1. A sheriff, regular deputy sheriff or constable.

2. A security force for a state agency or other governmental unit; or, a seasonal, temporary or part-time law-enforcement officer of the Department of Natural Resources and Environmental Control.

3. A person holding police power by virtue of occupying any other position or office.

4. An animal welfare officer of the Office of Animal Welfare or the Department of Agriculture.

(7) “Seasonal appointment” means appointment for less than 6 months each year but more than 4 weeks for police duties necessitated by seasonal demands.
11 Del. C. § 1244A — Delaware Code / Title 11 / Chapter 5 / Subchapter VI / Section 1244A
§ Â
        1244A. Obstruction of justice; class D felony; class G felony; class A misdemeanor.
Status: in_force

(a) A person is guilty of obstruction of justice when the person corruptly intimidates, influences, obstructs, or impedes the administration of law, a law-enforcement investigation, or any other inquiry authorized by law, including criminal, civil, or administrative inquiries.

(b) Obstruction of justice is classified and punished as follows:

(1) Obstruction of justice is a class D felony if a person uses force, violence, or physical interference when the person commits or attempts to commit an act under subsection (a) of this section.

(2) Obstruction of justice is a class G felony if a person does any of the following when the person commits or attempts to commit an act under subsection (a) of this section:

a. Conceals, alters, or destroys material evidence.

b. Bestows money or any other benefit upon another person.

c. Commits a breach of official duty or creates an obstacle.

(3) If a person intentionally commits or attempts to commit any crime under the laws of this State, other than a crime enumerated under paragraphs (b)(1) or (b)(2) of this section, when the person commits or attempts to commit an act under subsection (a) of this section, obstruction of justice is 1 class higher than the underlying offense.

(4) All other violations under subsection (a) of this section are a class A misdemeanor.

(c) For purposes of this section:

(1) “Corruptly” means acting with an improper purpose, personally or by influencing another, including any of the following:

a. Making a false or misleading statement.

b. Withholding, concealing, altering, or destroying a document or other information.

(2) “Obstacle” means any effort or scheme intended to delay or interfere with a law-enforcement investigation or any other inquiry authorized by law, including criminal, civil, or administrative inquiries. An “obstacle” may be a threat, act, or physical object.

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

(1) Flight by a person charged with a crime.

(2) Refusal to submit to arrest.

(e) Superior Court has exclusive jurisdiction over violations of this section.
11 Del. C. § 9211 — Delaware Code / Title 11 / Chapter 92 / Section 9211
§ Â
        9211. Annual reporting and record retention.
Status: in_force

(a) Beginning in 2024, each law-enforcement agency shall annually report to the Criminal Justice Council (CJC), and the CJC shall post on its website, all of the following information:

(1) The number of public complaints and internal complaints relating to police misconduct that the department receives each year, broken down by subject matter of the complaint.

(2) The number of formal investigations undertaken by the department each year, and the number of complaints resolved without a formal investigation.

(3) The number of formal investigations that resulted in a sustained finding of misconduct, an unsubstantiated finding, or any other disposition.

(b) Notwithstanding any other law to the contrary, records relating to any incident for which a detailed narrative is required to be publicly posted pursuant to this chapter, shall be preserved for at least 25 years.
11 Del. C. § 1332 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1332
§ Â
        1332. Abusing a corpse; class A misdemeanor.
Status: in_force

A person is guilty of abusing a corpse when, except as authorized by law, the person treats a corpse in a way that a reasonable person knows would outrage ordinary family sensibilities.

Abusing a corpse is a class A misdemeanor.
11 Del. C. § 1272 — Delaware Code / Title 11 / Chapter 5 / Subchapter VI / Section 1272
§ Â
        1272. Criminal contempt; summary punishment.
Status: in_force

A person who commits criminal contempt as defined by § 1271(1) of this title may in the discretion of the court be convicted and sentenced for that offense without further criminal proceedings during or immediately after the termination of the proceeding in which the act constituting criminal contempt occurred.
11 Del. C. § 1249 — Delaware Code / Title 11 / Chapter 5 / Subchapter VI / Section 1249
§ Â
        1249. Abetting the violation of driverâs license restrictions.
Status: in_force

(a) It shall be unlawful for any person to blow into an ignition interlock device, or to start a motor vehicle equipped with such a device, for the purpose of providing an operable motor vehicle to a person whose driving privilege is restricted.

(b) It shall be unlawful for any person to request or solicit any other person to blow into an ignition interlock device, or to start a motor vehicle equipped with such device, for the purpose of providing an operable motor vehicle to a person whose driving privilege is restricted.

(c) It shall be unlawful to tamper with, or to circumvent the operation of, any ignition interlock device.

(d) A violation of this section shall be a class A misdemeanor; provided, however, that a second or subsequent conviction of a violation of this section shall be a class G felony. Where a person violates this section, and such violation is a direct cause of the subsequent death of any person, such violation of this section shall be a class G felony. The Superior Court shall have jurisdiction over all violations of this section.
11 Del. C. § 4392 — Delaware Code / Title 11 / Chapter 43 / Subchapter IX / Section 4392
§ Â
        4392. Identification and selection of participants.
Status: in_force

(a) An offender sentenced to supervision Level I, II or III is not eligible for house arrest placement unless specifically ordered by the sentencing judge, or as a result of administrative detention under § 4334(d) of this title.

(b) Any person committed to the corrections center to serve a short-term sentence for a crime shall be identified by the classification officer before or upon arrival at the corrections center if the person has not already been identified prior to transportation to the corrections center.

(c) The sentencing judge, in sentencing an offender, may impose a house arrest sentence as an alternative to imprisonment.
11 Del. C. § 939 — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 939
§ Â
        939. Penalties.
Status: in_force

(a) A person committing any of the crimes described in §§ 932-938 of this title is guilty in the first degree when the damage to or the value of the property or computer services affected exceeds $10,000.

Computer crime in the first degree is a class D felony.

(b) A person committing any of the crimes described in §§ 932-938 of this title is guilty in the second degree when the damage to or the value of the property or computer services affected exceeds $5,000.

Computer crime in the second degree is a class E felony.

(c) A person committing any of the crimes described in §§ 932-938 of this title is guilty in the third degree when:

(1) The damage to or the value of the property or computer services affected is $1,500 or more; or

(2) That person engages in conduct which creates a risk of serious physical injury to another person.

Computer crime in the third degree is a class G felony.

(d) A person committing any of the crimes described in §§ 932-938 of this title is guilty in the fourth degree when the damage to or the value of the property or computer services, if any, is under $1,500.

Computer crime in the fourth degree is a class A misdemeanor.

(e) Any person gaining money, property services or other consideration through the commission of any offense under this subpart, upon conviction, in lieu of having a fine imposed, may be sentenced by the court to pay an amount, fixed by the court, not to exceed double the amount of the defendant’s gain from the commission of such offense. In such case, the court shall make a finding as to the amount of the defendant’s gain from the offense and, if the record does not contain sufficient evidence to support such a finding, the court may conduct a hearing upon the issue. For the purpose of this section, “gain” means the amount of money or the value of property or computer services or other consideration derived.

(f) Amounts included in violations of this subpart committed pursuant to 1 scheme or course of conduct, whether from the same person or several persons, may be aggregated in determining the degree of the crime.

(g) For the purposes of this subpart, the value of property or computer services shall be:

(1) The market value of the property or computer services at the time of the violation; or

(2) If the property or computer services are unrecoverable, damaged or destroyed as a result of a violation of this subpart, the cost of reproducing or replacing the property or computer services at the time of the violation.

When the value of the property or computer services or damage thereto cannot be satisfactorily ascertained, the value shall be deemed to be $250.

(h) Notwithstanding this section, the value of private personal data shall be deemed to be $500.
11 Del. C. § 617 — Delaware Code / Title 11 / Chapter 5 / Subchapter II / Section 617
§ Â
        617. Criminal youth gangs.
Status: in_force

(a) Definitions. — The following words, terms and phrases, when used in this chapter, shall have their meaning ascribed to them except where the context clearly indicates a different meaning.

(1) “Criminal youth gang” shall mean a group of 3 or more persons with a gang name or other identifier which either promotes, sponsors, assists in, participates in or requires as a condition of membership submission to group initiation that results in any felony or any class A misdemeanor set forth in this title or Title 16.

(2) “Identifier” shall mean common identifying signs, symbols, tattoos, markings, graffiti, or attire or other distinguishing characteristics or indicia of gang membership.

(3) “Student” shall mean any person enrolled in a school grades preschool through 12.

(b) Recruitment or retention of juveniles or students for a criminal street gang or criminal youth gang; penalties. — (1) Any person who solicits, invites, recruits, encourages or otherwise causes or attempts to cause a juvenile or student to participate in or become a member of a criminal street gang as defined in § 616(a) of this title or criminal youth gang is guilty of a class G felony.

(2) Any person who,

a. In order to encourage a juvenile or student to:

1. Join a criminal youth gang or criminal street gang,

2. Remain as a participant in or a member of a criminal youth gang or criminal street gang, or

3. Submit to a demand by a criminal youth gang or criminal street gang to commit a crime; or

b. In order to prevent a juvenile or student from withdrawing or attempting to withdraw from a criminal youth gang or criminal street gang threatens to commit any crime likely to result in death or in physical injury to the juvenile, the juvenile’s property, a member of that juvenile’s family or household, or their property; or commits a crime which results in physical injury or death to the juvenile, the juvenile’s property, a member of that juvenile’s family or household, or their property

shall be guilty of a class F felony and shall constitute a separate and distinct offense. If the acts or activities violating this section also violate another provision of law, a prosecution under this section shall not prohibit or bar any prosecution or proceeding under such other provision or the imposition of any penalties provided for thereby.
11 Del. C. § 766 — Delaware Code / Title 11 / Chapter 5 / Subchapter II / Section 766
§ Â
        766. Incest; class A misdemeanor.
Status: in_force

(a) A person is guilty of incest if the person engages in sexual intercourse with another person with whom the person has 1 of the following relationships:

A male and his child.

A male and his parent.

A male and his brother.

A male and his sister.

A male and his grandchild.

A male and his niece or nephew.

A male and his father’s sister or brother.

A male and his mother’s sister or brother.

A male and his father’s wife.

A male and his wife’s child.

A male and the child of his wife’s son or daughter.

A female and her parent.

A female and her child.

A female and her brother.

A female and her sister.

A female and her grandchild.

A female and her niece or nephew.

A female and her father’s sister or brother.

A female and her mother’s sister or brother.

A female and her mother’s husband.

A female and her husband’s child.

A female and the child of her husband’s son or daughter.

(b) The relationships referred to herein include blood relationships without regard to legitimacy and relationships by adoption.

Incest is a class A misdemeanor and is an offense within the original jurisdiction of the Family Court.
11 Del. C. § 9615 — Delaware Code / Title 11 / Chapter 96 / Subchapter II / Section 9615
§ Â
        9615. Agency use of designated address.
Status: in_force

Federal, state and local government agencies shall accept the substitute address designated on a valid program participation card issued to the program participant by the Program as the program participant’s address except when any of the following apply:

(1) When the federal, state or local government agency has been granted a waiver pursuant to § 9617 of this title.

(2) When the program participant is any of the following:

a. A released offender complying with pretrial supervision, probation or parole or similar requirements imposed by any other jurisdiction.

b. A convicted sexual offender who has fulfilled the offender’s sentence but must register the offender’s community residence as required under § § 4120-4121 of this title or any similar registration requirement imposed by any other jurisdiction.
11 Del. C. § 261 — Delaware Code / Title 11 / Chapter 2 / Section 261
§ Â
        261. Causation.
Status: in_force

Conduct is the cause of a result when it is an antecedent but for which the result in question would not have occurred.
11 Del. C. § 3521 — Delaware Code / Title 11 / Chapter 35 / Subchapter II / Section 3521
§ Â
        3521. Definitions.
Status: in_force

As used in this subchapter:

(1) “State” includes any territory of the United States and District of Columbia.

(2) “Summons” includes a subpoena, order or other notice requiring the appearance of a witness.

(3) “Witness” includes a person whose testimony is desired in any proceeding or investigation by a grand jury or in any criminal proceeding.
11 Del. C. § 304 — Delaware Code / Title 11 / Chapter 3 / Section 304
§ Â
        304. Defendantâs affirmative defenses; prove by preponderance of evidence.
Status: in_force

(a) When a defense declared by this Criminal Code or by another statute to be an affirmative defense is raised at trial, the defendant has the burden of establishing it by a preponderance of the evidence.

(b) Unless the court determines that no reasonable juror could find an affirmative defense established by a preponderance of the evidence presented by the defendant, the defendant is entitled to a jury instruction that the jury must acquit the defendant if they find the affirmative defense established by a preponderance of the evidence.

(c) An affirmative defense is established by a preponderance of the evidence when the jury is persuaded that the evidence makes it more likely than not that each element of the affirmative defense existed at the required time.
11 Del. C. § 4216 — Delaware Code / Title 11 / Chapter 42 / Section 4216
§ Â
        4216. Transition provisions.
Status: in_force

(a) Where an inmate is serving a sentence to Level V (incarceration) imposed not under the Truth in Sentencing Act of 1989 and receives a subsequent sentence to Level V under the provisions of the Truth in Sentencing Act, serving of the earlier sentence shall be suspended and the inmate shall serve the new Level V sentence until it is completed and then resume serving the original sentence.

(b) Where an inmate is serving a “nonmandatory” Level V (incarceration) sentence and is subsequently sentenced to a mandatory term of incarceration, serving of the earlier sentence shall be suspended and the inmate shall serve the new mandatory Level V sentence until it is completed and then resume serving the earlier sentence.

(c) Where an inmate is serving Level V (incarceration) sentence or sentences imposed not under the Truth in Sentencing Act of 1989, and is subsequently sentenced to Level V under the provisions of the Truth in Sentencing Act and had less than an aggregate 3 years remaining on the prior sentence or sentences, the court at the time of sentencing under the Truth in Sentencing Act may in its discretion suspend the remainder of the prior non-Truth in Sentencing Level V sentence or sentences, unless such sentence was a statutory mandatory term.

(d) Any individual convicted of a crime on or after January 1, 1990, which crime occurred prior to June 30, 1990, may elect to be sentenced under the provisions of the Truth in Sentencing Act of 1989 rather than under the prior provisions of this title.
11 Del. C. § 6524 — Delaware Code / Title 11 / Chapter 65 / Subchapter V / Section 6524
§ Â
        6524. Special problem groups.
Status: in_force

The Department may establish facilities for the treatment of alcoholics, prostitutes, drug addicts and other such groups as the Department shall determine. The Department shall coordinate its work with any other state agency to reduce overlapping or duplication of functions and services.
11 Del. C. § 1355 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1355
§ Â
        1355. Permitting prostitution; class B misdemeanor.
Status: in_force

A person is guilty of permitting prostitution when, having possession or control of premises which the person knows are being used for prostitution purposes, the person fails to halt or abate such use within a reasonable period of time.

Permitting prostitution is a class B misdemeanor.
11 Del. C. § 812 — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 812
§ Â
        812. Graffiti and possession of graffiti implements; class G felony; class A misdemeanor; class B misdemeanor.
Status: in_force

(a) (1) A person is guilty of the act of graffiti when the person intentionally, knowingly or recklessly draws, paints, etches or makes any significant mark or inscription upon any public or private, real or personal property of another without the permission of the owner.

(2) Graffiti is a class A misdemeanor, unless the property damage caused thereby exceeds $1500, in which case it is a class G felony. The penalty for graffiti shall include a minimum fine of not less than $1000 which shall not be subject to suspension, restitution for damages to the property and 250 hours of community service, at least 1/2 of which shall be served removing graffiti on public property. The minimum fine and community service hours shall be doubled for a second or subsequent conviction of an act of graffiti. The minimum fine shall also be doubled, and may not be suspended, for a first, second, or subsequent conviction of an act of graffiti which is performed on or along a “Delaware byway,” as defined in § 101 of Title 17.

(b) (1) A person is guilty of possession of graffiti implements when the person possesses any tool, instrument, article, substance, solution or other compound designed or commonly used to etch, paint, cover, draw upon or otherwise place a mark upon a piece of property which that person has no permission or authority to etch, paint, cover, draw upon or otherwise mark, under circumstances evidencing an intent to use the same in order to commit an act of graffiti or damage such property.

(2) Possession of graffiti implements is a class B misdemeanor. The penalty for possession of graffiti implements shall include a minimum fine of not less than $500 which shall not be subject to suspension, restitution for damages to the property and 100 hours of community service, at least 1/2 of which shall be served removing graffiti on public property. The minimum fine and community service hours shall be doubled for a second or subsequent conviction of possession of graffiti implements.
11 Del. C. § 615 — Delaware Code / Title 11 / Chapter 5 / Subchapter II / Section 615
§ Â
        615. Assault by abuse or neglect; class B felony [Transferred].
Status: in_force

Transferred to § 1103B of this title by 78 Del. Laws, c. 406, § 3, effective Sept. 12, 2012.
11 Del. C. § 1408 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1408
§ Â
        1408. Merchandising plans are not gambling.
Status: in_force

Sections 1401-1405 of this title are inapplicable to any plan for stimulating public interest in, or sale of, merchandise, services or exhibitions unless the plan requires that the chance to win a prize be paid for in money or something of actual pecuniary value or that some items be bought or to any lottery under state control for the purpose of raising funds.
11 Del. C. § 9014 — Delaware Code / Title 11 / Chapter 90 / Section 9014
§ Â
        9014. Recovery from the criminal.
Status: in_force

(a) Whenever any person is convicted of an offense and a payment of compensation is, or has been, made under this chapter for a personal injury or death resulting from the act constituting such offense, the State may institute an action against such person for the recovery of the whole or any specified part of the compensation in any Superior Court within the State, or in any other court, either state or federal, if such court has custody or control of funds of the criminal or which may be awarded to the criminal. Any amounts recovered under this section shall be deposited to the fund which finances the administration of this chapter.

(b) Any payment of compensation under this chapter does not affect any right of any person to recover damages in a civil action from the person convicted of the offense giving rise to the claim for compensation.

(c) Whenever any person is sentenced for an offense and compensation has been paid under this chapter to a claimant, the Agency may assert a claim for reimbursement of the Victims’ Compensation Fund as restitution from the criminal defendant. In support of the reimbursement claim, the Agency shall submit an affidavit with supporting documentation to the sentencing court, setting forth all payments made to the claimant. Restitution may be awarded to the Agency. A hearing on restitution will be held on the timely request of the defendant. Where the compensation of the claimant is continuing, and the full amount of reimbursement due has not been established by the Agency, the affidavit may so state, and the sentencing court may reserve jurisdiction over any future claim for reimbursement to the Agency. Any supplemental claim for reimbursement to the Agency must be brought within 2 years of the sentencing date, or before the expiration of a term of probation imposed on the defendant for an offense giving rise to the claim for compensation, whichever date comes first. The courts shall establish procedures for determining the amount of reimbursement due to the Victims’ Compensation Fund from offenders.
11 Del. C. § 1421 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1421
§ Â
        1421. Obstructions; service of notice.
Status: in_force

If the Attorney General finds that access to a building, apartment or place, which the Attorney General has reasonable cause to believe is resorted to for the purpose of gambling in violation of the laws of this State, is barred by an obstruction, the Attorney General shall cause to be served in the manner provided by law for service of civil summons upon the occupant or owner a notice to appear before the Superior Court and to show cause why the unusual obstructions should not be removed.
11 Del. C. § 3502 — Delaware Code / Title 11 / Chapter 35 / Subchapter I / Section 3502
§ Â
        3502. Testimonial immunity.
Status: in_force

(a) A party to an offense under Chapter 15 of this title may be required to furnish evidence, or to testify concerning the offense.

(b) No evidence or testimony required to be furnished under this section, nor any information directly or indirectly derived from such evidence or testimony, may be used against the witness in any criminal case, except in a prosecution for perjury or contempt.

(c) If a witness or other person is or may be called to produce evidence at a hearing or trial under Chapter 15 of this title, or at an investigation brought by the Attorney General under § 1509 of this title, the Superior Court for the county in which the hearing, trial or investigation is or may be held shall, upon certification in writing of such request by the Attorney General, require such person to produce the evidence, notwithstanding the person’s refusal to do so on the basis of the privilege against self-incrimination.
11 Del. C. § 2010 — Delaware Code / Title 11 / Chapter 20 / Subchapter I / Section 2010
§ Â
        2010. Burden of persuasion.
Status: in_force

If the prosecution relies on an exception in §§ 2005 through 2009 of this title to justify a failure to record electronically a custodial interrogation, the prosecution must prove by a preponderance of the evidence that the exception applies.
11 Del. C. § 2427 — Delaware Code / Title 11 / Chapter 24 / Subchapter II / Section 2427
§ Â
        2427. Civil actions.
Status: in_force

(a) Right to relief. — Except as provided in subsection (e) of this section, a provider of electronic communication service, a subscriber or customer aggrieved by a knowing or intentional violation of §§ 2421-2425 of this title may recover appropriate relief in a civil action against the person or entity that engaged in the violation.

(b) Appropriate relief. — In a civil action under this section, appropriate relief includes:

(1) Appropriate preliminary and other equitable or declaratory relief;

(2) Damages under subsection (c) of this section; and

(3) A reasonable attorneys’ fee and other litigation costs reasonably incurred.

(c) Damages. — The court may assess as damages in a civil action under this section the sum of the actual damages suffered by the plaintiff and any profits made by the violator as a result of the violation, but in no case shall a person entitled to recover receive less than $1,000.

(d) Defenses. — A good faith reliance on any of the following is a complete defense to any civil or criminal action brought under this section or any other law of this state:

(1) A court warrant or order, a grand jury or Attorney General’s subpoena, a legislative authorization or a statutory authorization; or

(2) A good faith determination that § 2403 or § 2423 of this title permitted the conduct that is the subject of the action.

(e) Limitations period. — A civil action under this section shall be filed within 2 years after the day on which the claimant first discovered or had a reasonable opportunity to discover the violation.
11 Del. C. § 1103E — Delaware Code / Title 11 / Chapter 5 / Subchapter V / Section 1103E
§ Â
        1103E. Continuous child abuse; class G or B felony.
Status: in_force

(a) A person is guilty of continuous child abuse when the person intentionally or recklessly engages in 3 or more acts of child abuse under § 1103, § 1103A, § 1103B, § 1103C, or § 1103D of this title over a period of time not less than 3 weeks in duration.

(b) (1) Except as provided under paragraph (b)(2) of this section, continuous child abuse is a class G felony.

(2) When 3 or more of the acts of child abuse committed under subsection (a) of this section are acts under § 1103A, § 1103B, § 1103C, or § 1103D of this title, continuous child abuse is a class B felony.
11 Del. C. § 4362 — Delaware Code / Title 11 / Chapter 43 / Subchapter VI / Section 4362
§ Â
        4362. Mental health examinations.
Status: repealed

(a) When the Board of Pardons considers for recommendation to the Governor, for pardon or commutation of sentence, any person who has been convicted of an act causing death (subpart B of subchapter II of Chapter 5 of this title); sexual offenses (subpart D of subchapter II of Chapter 5 of this title); kidnapping and related offenses (subpart E of subchapter II of Chapter 5 of this title); arson and related offenses (subpart A of subchapter III of Chapter 5 of this title); home invasion; burglary in the first degree; burglary in the second degree; robbery (subpart C of subchapter III of Chapter 5 of this title); offenses relating to children and vulnerable adults (subchapter V of Chapter 5 of this title); cruelty to animals; abusing a corpse; unlawful use of an incendiary device, bomb or other explosive device; abuse of children (Chapter 9 of Title 16); and distribution of a controlled substance to a person under age 18 (former § 4761 of Title 16 (repealed)); or for an attempt as provided by statute to commit any of these crimes, there shall be furnished to each member of the Board of Pardons and to the Governor, in case recommendation for a pardon or commutation of sentence be made, a copy of the report of the mental health examiner who has examined such person, as provided in subsection (b) of this section.

(b) Prior to consideration by the Board of Pardons of any application for a pardon or a commutation of sentence made by any person who has been incarcerated for any of the crimes stated in subsection (a) of this section, such person shall be examined by a mental health examiner within a 12-month period immediately preceding consideration of such person’s case by the Board of Pardons. The Commissioner of the Department of Correction or the Commissioner’s designee may request the Director of the Delaware Psychiatric Center to cause examination and studies to be made.

(c) Any mental health examiner who, pursuant to subsection (b) of this section, examines any applicant for a pardon or a commutation of sentence shall furnish to each member of the Board of Pardons a report containing their respective findings, opinions as to the mental and emotional health of the applicant, and opinions as to the probability of the applicant again committing any crime if released. If the Board of Pardons recommends a pardon or a commutation of sentence, a copy of any report submitted to the Board by any mental health examiner shall be provided to the Governor.

(d) If examination and clinical studies as provided in this section cannot be made at the correctional institution, the prisoner may be transferred, under adequate security safeguards, to the Delaware Psychiatric Center for such examination and studies.

(e) For the purposes of this section, a “mental health examiner” may be a psychiatrist, psychologist, licensed clinical social worker, psychiatric/mental health nurse practitioner, or licensed professional counselor of mental health.
11 Del. C. § 8599B — Delaware Code / Title 11 / Chapter 85 / Subchapter XI / Section 8599B
§ Â
        8599B. Record request procedures.
Status: in_force

(a) Positive identification. —

Subject fingerprints or other approved forms of positive identification shall be submitted with all requests for criminal history record checks for noncriminal justice purposes.

(b) Submission of state requests. —

Each request for a criminal history record check utilizing the national indices made under any approved state statute shall be submitted through that state’s criminal history record repository. A state criminal history record repository shall process an interstate request for noncriminal justice purposes through the national indices only if such request is transmitted through another state criminal history record repository or the FBI.

(c) Submission of federal requests. —

Each request for criminal history record checks utilizing the national indices made under federal authority shall be submitted through the FBI or, if the state criminal history record repository consents to process fingerprint submissions, through the criminal history record repository in the state in which such request originated. Direct access to the National Identification Index by entities other than the FBI and state criminal history records repositories shall not be permitted for noncriminal justice purposes.

(d) Fees. —

A state criminal history record repository or the FBI:

(1) May charge a fee, in accordance with applicable law, for handling a request involving fingerprint processing for noncriminal justice purposes; and

(2) May not charge a fee for providing criminal history records in response to an electronic request for a record that does not involve a request to process fingerprints.

(e) Additional search. —

(1) If a state criminal history record repository cannot positively identify the subject of a record request made for noncriminal justice purposes, the request, together with fingerprints or other approved identifying information, shall be forwarded to the FBI for a search of the national indices.

(2) If, with respect to a request forwarded by a state criminal history record repository under paragraph (e)(1) of this section, the FBI positively identifies the subject as having a III System-indexed record or records:

a. The FBI shall so advise the state criminal history record repository; and

b. The state criminal history record repository shall be entitled to obtain the additional criminal history record information from the FBI or other state criminal history record repositories.
11 Del. C. § 4133 — Delaware Code / Title 11 / Chapter 41 / Subchapter IV / Section 4133
§ Â
        4133. Early removal.
Status: in_force

(a) An individual who has been entered on the animal abuse offender list subject to a misdemeanor conviction may file a petition for removal 2 years after the date of conviction.

(b) An individual who has been entered on the animal abuse offender list subject to a felony conviction may file a petition for removal 7 years after the date of conviction.

(c) A petition for removal must be filed with the court that entered the conviction of the individual.

(d) The petitioner shall cause a copy of the petition for removal filed under this section to be served upon the Attorney General’s Office, who may file an answer to the petition within 30 days thereafter.

(e) The court shall have the discretion to remove an individual from the animal abuse offender list. In making this determination, the court shall consider the following factors, including:

(1) The nature and circumstances of the original conviction.

(2) Any incidents of animal abuse or neglect while on the animal abuse offender list.

(3) The criminal history of the individual.

(4) Compliance with the terms of probation, if applicable.

(5) The risk, if any, the individual poses to animals.

(6) The rehabilitation, if any, of the individual, or successful completion of a program of evaluation and treatment.

(7) The adverse impact of registration on the individual and the rehabilitative process, including the impact on employment opportunities.

(f) An individual who obtains an expungement from the underlying conviction that placed them on the animal abuse offender list must be automatically removed from the animal abuse offender list and the public website maintained by the Office of Animal Welfare subject to § 4372(e) of Title 11.
11 Del. C. § 1443 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1443
§ Â
        1443. Carrying a concealed dangerous instrument; class A misdemeanor.
Status: in_force

(a) A person is guilty of carrying a concealed dangerous instrument when the person carries concealed a dangerous instrument upon or about the person.

(b) It shall be a defense that the defendant was carrying the concealed dangerous instrument for a specific lawful purpose and that the defendant had no intention of causing any physical injury or threatening the same.

(c) For the purposes of this section, disabling chemical spray, as defined in § 222 of this title, shall not be considered to be a dangerous instrument.

(d) Carrying a concealed dangerous instrument is a class A misdemeanor.
11 Del. C. § 1447 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1447
§ Â
        1447. Possession of a deadly weapon during commission of a felony; class B felony.
Status: repealed

(a) A person who is in possession of a deadly weapon during the commission of a felony is guilty of possession of a deadly weapon during commission of a felony.

Possession of a deadly weapon during commission of a felony is a class B felony.

(b), (c) [Repealed.]

(d) Every person charged under this section over the age of 16 years may be tried as an adult pursuant to §§ 1010 and 1011 of Title 10, notwithstanding any contrary provision of statutes governing the Family Court or any other state law.

(e) 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 deadly weapon is a lesser included felony of the one originally charged.
11 Del. C. § 8392 — Delaware Code / Title 11 / Chapter 83 / Subchapter III / Section 8392
§ Â
        8392. Actuarial valuations and appropriations.
Status: in_force

(a) The actuary shall prepare an actuarial valuation of the assets and liabilities of the funds as of June 30, each year. On the basis of reasonable actuarial assumptions and tables approved by the Board, the actuary shall determine the normal cost required to meet the actuarial cost of current service and the unfunded actuarial accrued liability.

(b) The State’s appropriation to the funds for fiscal year 2008, and for each fiscal year thereafter, shall be the percentage of covered payroll approved by the Board on the basis of the most recent actuarial valuation, and shall equal the sum of the normal cost plus the payment required to implement the provisions of subsection (c) of this section plus the payment required to amortize the unfunded actuarial accrued liability using an open amortization period of 20 years. The amortization payment shall be an amount computed as a level percentage of the prospective total covered payroll over the remainder of the amortization periods, with such prospective total covered payroll to be determined on the basis of a growth rate, as determined by the Board, compounded annually. Except as provided in subsection (c) of this section, all funds appropriated pursuant to this subsection shall be deposited into the Fund established by § 8393 of this title.

(c) In order to provide a fund for postretirement increases, the State shall include in its annual appropriation payments equal to 2.33% of covered payroll, subject to the limitations contained in § 5548(a)(2) of Title 29. Beginning with the fiscal year 94 budget, .70% of covered payroll shall be appropriated; in fiscal year 95, 1.11% of covered payroll shall be appropriated; in fiscal year 96, 1.52% of covered payroll shall be appropriated; in fiscal year 97, 1.93% of covered payroll shall be appropriated; in fiscal year 98 and each fiscal year thereafter 2.33% of covered payroll shall be appropriated. Funds appropriated to implement this subsection shall be deposited into the Post Retirement Fund established by § 5548 of Title 29.
11 Del. C. § 1103 — Delaware Code / Title 11 / Chapter 5 / Subchapter V / Section 1103
§ Â
        1103. Child abuse in the fourth degree; class A misdemeanor.
Status: in_force

(a) A person is guilty of child abuse in the fourth degree when the person intentionally or recklessly causes physical injury to a child.

(b) Child abuse in the fourth degree is a class A misdemeanor.
11 Del. C. § 2322 — Delaware Code / Title 11 / Chapter 23 / Subchapter II / Section 2322
§ Â
        2322. Grounds for seizure.
Status: in_force

Whenever any vehicle, as defined in this subchapter, has been used in, or in connection with, the commission of any felony or in connection with the flight or escape of any person who has committed any felony or in the transporting of cigarettes in violation of Chapter 53 of Title 30, or in a violation of § 1343 of this title, or in a violation of § 4172 of Title 21 in a manner meeting the criteria set forth in § 4172(g) of Title 21, it shall forthwith be seized and taken into custody by the peace officer or officers having knowledge of the facts of such use.
11 Del. C. § 6575 — Delaware Code / Title 11 / Chapter 65 / Subchapter IX-A / Section 6575
§ Â
        6575. Authorization.
Status: in_force

Notwithstanding any law of this State to the contrary, if a treaty in effect between the United States and a foreign country provides for the transfer of convicted offenders to the country of which they are citizens or nationals, the Governor may authorize, on behalf of the State and subject to the terms of the treaty, the Commissioner of the Department of Correction to consent to the transfer of offenders and take any other action necessary to initiate the participation of this State in the treaty.
11 Del. C. § 3513 — Delaware Code / Title 11 / Chapter 35 / Subchapter I / Section 3513
§ Â
        3513. Hearsay exception for child victimâs or witnessâs out-of-court statement of abuse.
Status: in_force

(a) An out-of-court statement made by a child victim or witness who is under 11 years of age at the time of the proceeding concerning an act that is a material element of the offense relating to sexual abuse, physical injury, serious physical injury, death, abuse or neglect as described in any felony delineated in subpart A, B or D of subchapter II of Chapter 5 of this title, or in any of the felonies delineated in § 782, § 783, § 783A, § 787, § 1100A, § 1102, § 1108, § 1109, § 1111, § 1112A, § 1112B, § 1335(a)(6), § 1335(a)(7), § 1353(2), or § 1361(b) of this title or in any attempt to commit any felony delineated in this paragraph that is not otherwise admissible in evidence is admissible in any judicial proceeding if the requirements of subsections (b) through (f) of this section are met.

(b) An out-of-court statement may be admitted as provided in subsection (a) of this section if:

(1) The child is present and the child’s testimony touches upon the event and is subject to cross-examination rendering such prior statement admissible under § 3507 of this title; or

(2) a. The child is found by the court to be unavailable to testify on any of these grounds:

1. The child’s death;

2. The child’s absence from the jurisdiction;

3. The child’s total failure of memory;

4. The child’s persistent refusal to testify despite judicial requests to do so;

5. The child’s physical or mental disability;

6. The existence of a privilege involving the child;

7. The child’s incompetency, including the child’s inability to communicate about the offense because of fear or a similar reason; or

8. Substantial likelihood that the child would suffer severe emotional trauma from testifying at the proceeding or by means of a videotaped deposition or closed-circuit television; and

b. The child’s out-of-court statement is shown to possess particularized guarantees of trustworthiness.

(c) A finding of unavailability under paragraph (b)(2)a.8. of this section must be supported by expert testimony.

(d) The proponent of the statement must inform the adverse party of the proponent’s intention to offer the statement and the content of the statement sufficiently in advance of the proceeding to provide the adverse party with a fair opportunity to prepare a response to the statement before the proceeding at which it is offered.

(e) In determining whether a statement possesses particularized guarantees of trustworthiness under paragraph (b)(2) of this section, the court may consider, but is not limited to, the following factors:

(1) The child’s personal knowledge of the event;

(2) The age and maturity of the child;

(3) Certainty that the statement was made, including the credibility of the person testifying about the statement;

(4) Any apparent motive the child may have to falsify or distort the event, including bias, corruption or coercion;

(5) The timing of the child’s statement;

(6) Whether more than 1 person heard the statement;

(7) Whether the child was suffering pain or distress when making the statement;

(8) The nature and duration of any alleged abuse;

(9) Whether the child’s young age makes it unlikely that the child fabricated a statement that represents a graphic, detailed account beyond the child’s knowledge and experience;

(10) Whether the statement has a “ring of verity,” has internal consistency or coherence and uses terminology appropriate to the child’s age;

(11) Whether the statement is spontaneous or directly responsive to questions;

(12) Whether the statement is suggestive due to improperly leading questions;

(13) Whether extrinsic evidence exists to show the defendant’s opportunity to commit the act complained of in the child’s statement.

(f) The court shall support with findings on the record any rulings pertaining to the child’s unavailability and the trustworthiness of the out-of-court statement.
11 Del. C. § 2530 — Delaware Code / Title 11 / Chapter 25 / Subchapter I / Section 2530
§ Â
        2530. Short title.
Status: in_force

This subchapter may be cited as the “Uniform Criminal Extradition Law.”
11 Del. C. § 8401B — Delaware Code / Title 11 / Chapter 84B / Section 8401B
§ Â
        8401B. Definitions.
Status: in_force

As used in this chapter “law-enforcement agency” means the Delaware State Police, the Wilmington City Police Department, the New Castle County Police, the University of Delaware Police Division, the Delaware State University Police Department, the police force established by the Delaware River and Bay Authority, the police department, bureau of police, or police force of any incorporated municipality, city, or town within this State, the Department of Natural Resources and Environmental Control, the Delaware Capitol Police, Probation and Parole Office of the Department of Correction, Probation and Parole of the Department of Services for Children, Youth and their Families, State Fire Marshal, the Department of Justice, the State Police Drug Diversion Unit, or the State Division of Alcohol and Tobacco Enforcement.
11 Del. C. § 852A — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 852A
§ Â
        852A. Selling stolen property; class A misdemeanor; class G felony.
Status: in_force

A person is guilty of selling stolen property if, after the person receives stolen property pursuant to § 851 of this title, the person sells some or all of the stolen property received. A person may be convicted of both receiving stolen property and selling stolen property. Selling stolen property is a class A misdemeanor, unless the value of the resold property is $1,500 or more, or unless the seller has been convicted 2 or more times of selling stolen property, in which cases it is a class G felony.
11 Del. C. § 6703 — Delaware Code / Title 11 / Chapter 67 / Section 6703
§ Â
        6703. âViolent crimeâ defined.
Status: in_force

For purposes of this chapter, the words “violent crime” shall mean: abuse of an adult who is impaired; abuse of a patient in a nursing facility; abuse of a patient causing injury; abuse of a patient causing death; adulteration causing death; adulteration causing injury; aggravated intimidation; arson in the first degree; arson in the second degree; assault in the first degree; assault in the second degree; assault in the third degree; assault in the first degree on K-9 dog causing, injury or death to the dog; assault on a K-9 dog with risk of injury to the dog; assault in a detention facility which causes injury; assault in a detention facility; assault on a sports official; bestiality; home invasion; burglary in the first degree; carjacking; carrying a concealed deadly weapon (firearm or projectile weapon offense); continuous sexual abuse of child; criminally negligent homicide; dealing with child pornography, second offense; possession of a destructive weapon; reckless endangering; escape after conviction; escape in the second degree; extortion; possession of an explosive device; unlawful imprisonment; incest; kidnapping in the first degree; kidnapping in the second degree; manslaughter; manufacture or use or possession of explosives or an incendiary device; murder in the first degree, murder in the second degree; organized crime and racketeering; possession of a deadly weapon during the commission of a felony; possession of a destructive weapon; possession of a firearm or projectile weapon during the commission of a felony; promoting prison contraband (weapon); promoting prostitution in the first degree; racketeering; reckless endangering first degree; reckless endangering in the second degree; riot; robbery in the first degree; robbery in the second degree; continued sexual abuse of child; unlawful sexual contact in the first degree; unlawful sexual contact in the second degree; unlawful sexual contact in the third degree; sexual exploitation of a child; sexual extortion; rape in the first degree; rape in the second degree; rape in the third degree; rape in the fourth degree; unlawful sexual intercourse in the first degree; unlawful sexual intercourse in the second degree; unlawful sexual intercourse in the third degree; unlawful sexual penetration in the first degree; unlawful sexual penetration in the second degree; unlawful sexual penetration in the third degree; stalking; terroristic threatening; unlawful firearm transactions (second or subsequent offense); unlawful imprisonment in the first degree; unlawful transportation of a firearm to commit a felony; vehicular assault in the first degree; vehicular assault in the second degree; vehicular homicide in the first degree; vehicular homicide in the second degree; wearing body armor during felony.
11 Del. C. § 503 — Delaware Code / Title 11 / Chapter 5 / Subchapter I / Section 503
§ Â
        503. Criminal solicitation in the first degree; class E felony.
Status: in_force

A person is guilty of criminal solicitation in the first degree when, intending that another person engage in conduct constituting a class A felony, the person solicits, requests, commands, importunes or otherwise attempts to cause the other person to engage in conduct which would constitute the felony or an attempt to commit the felony, or which would establish the other’s complicity in its commission or attempted commission.

Criminal solicitation in the first degree is a class E felony, unless the person is 18 years of age or older, and the other person had not yet reached his or her eighteenth birthday at the time of the crime, in which case it is a class C felony, or unless the person is more than 3 years older than the other person, and the other person had not yet reached his or her fifteenth birthday at the time of the crime, in which case it is a class C felony.
11 Del. C. § 3537 — Delaware Code / Title 11 / Chapter 35 / Subchapter III / Section 3537
§ Â
        3537. Pretrial release.
Status: in_force

(a) Any pretrial release of any defendant (whether on bail or under any other form of recognizance) shall be deemed, as a matter of law, to include a condition that the defendant neither do, nor cause to be done, nor knowingly permit to be done on the defendant’s behalf, any act proscribed by this subchapter hereof and any wilful violation of said condition is subject to sanction as prescribed in § 3536 of this title whether or not the defendant was the subject of an order under § 3535 of this title.

(b) From and after June 22, 1982, any receipt or any bail or bond given by the clerk of any court, by any surety or bondsperson and/or any other form of conditional release shall contain, in a conspicuous location, notice that such bail bond, or other release, is conditioned upon strict adherence to the requirements and prohibitions of this subchapter.
11 Del. C. § 5910 — Delaware Code / Title 11 / Chapter 59 / Section 5910
§ Â
        5910. Use of audiovisual devices.
Status: in_force

Anything else in this or any other chapter or title notwithstanding, those proceedings specified by court rule may be conducted by audiovisual device. Audiovisual monitors shall be situated in the courtroom and at the location where the defendant is physically located so as to provide the public, the court and the defendant with a view of the proceedings. Such court proceedings may be conducted by a Justice of the Peace Court in the same or another county from that in which the defendant is physically located.
11 Del. C. § 913A — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 913A
§ Â
        913A. Health-care fraud; class B felony; class D felony; class G felony.
Status: in_force

(a) A person is guilty of health-care fraud when the person knowingly:

(1) Presents or causes to be presented any fraudulent health-care claim to any health-care benefit program; or

(2) Engages in a pattern of presenting or causing to be presented fraudulent health-care claims to any health-care benefit program.

(b) For the purpose of this section:

(1) “Fraudulent health-care claim” means any statement, whether written, oral or in any other form, which is made as part of or in support of a claim or request for payment from any health-care benefit program when such statement knowingly contains false, incomplete or misleading information concerning any fact or thing material to such claim.

(2) “Health-care benefit program” means any plan or contract, whether public or private, under which any medical benefit, equipment, medication or service is provided to any individual. “Health-care benefit program” also includes any individual or entity who is providing a medical benefit, equipment, medication or service for which payment may be made under a plan or contract for the provision of such benefits or services.

(3) “Health-care professional,” “health-care practice,” “health-care facility” or “health-care services” includes but is not limited to any person who or entity which, for payment, practices in or employs the procedures of medicine, surgery, chiropractic, podiatry, dentistry, optometry, psychology, social work, pharmacy, nursing, physical therapy or any other field concerned with the maintenance or restoration of the health of the body or mind.

(4) “Health-care provider” means any health-care professional, an owner or operator of a health-care practice or facility, any person who creates the impression that the person or the person’s practice or facility can provide health-care services, or any person employed or acting on behalf of any of the aforementioned persons.

(5) “Pattern of presenting or causing to be presented” means 3 or more instances of conduct that constitute presenting or causing to be presented fraudulent health-care claims.

(c) (1) Except as provided in paragraphs (2) and (3) of this subsection, health-care fraud is a class G felony.

(2) Health-care fraud is a class D felony if the elements of subsection (a) of this section are met and if:

a. The intended loss to the health-care benefit program is more than $50,000 but less than $100,000;

b. The offender is a health-care provider at the time of the offense or offenses; or,

c. The conduct constitutes a pattern of presenting or causing to be presented fraudulent health-care claims.

(3) Health-care fraud is a class B felony if the elements of subsection (a) of this section are met and if:

a. The intended loss to the health-care benefit program is $100,000 or more; or

b. The offender is a health-care provider at the time of the offense or offenses and the conduct constitutes a pattern of presenting or causing to be presented fraudulent health-care claims.

(4) In addition to the penalties otherwise authorized by this subsection, a person convicted under this section may be subject to a fine of up to 5 times the pecuniary benefit obtained or sought to be obtained through the person’s violation of this section.

(d) A conviction is not required for an act of presenting or causing presentation of a fraudulent health-care claim to be used in prosecution of a matter under this section, including an act used as proof of a pattern as defined in paragraph (b)(3) of this section. A conviction for any act of presenting or causing presentation of fraudulent health-care claims, including one which may be relied upon to establish a pattern of presenting or causing presentation of a fraudulent health-care claim, does not preclude prosecution under this section. Prosecution under this section does not preclude prosecution under any other section of the Code.
11 Del. C. § 3514 — Delaware Code / Title 11 / Chapter 35 / Subchapter I / Section 3514
§ Â
        3514. Testimony of victim or witness in child abuse, and victim of domestic violence, sexual assault or stalking cases by means of secured video connection.
Status: in_force

(a) (1) In any prosecution involving any offense set forth in § 3513(a) of this title, domestic violence as defined in § 1041 of Title 10, and §§ 768 thru 778 and 1312 of this title a court may order that the testimony of a witness less than 11 years of age or any victim of the offenses described herein be taken outside the courtroom and shown in the courtroom by means of secured video connection if:

a. The testimony is taken during the proceeding; and

b. The judge determines that testimony by the witness less than 11 years of age or any victim of the offenses described herein in the courtroom will result in the witness less than 11 years of age or any victim of the offenses described herein suffering serious emotional distress such that the witness less than 11 years of age or any victim of the offenses described herein cannot reasonably communicate.

(2) Only the prosecuting attorney, the attorney for the defendant, and the judge may question the child victim or witness.

(3) The operators of the secured video connection shall make every effort to be unobtrusive.

(b) (1) Only the following persons may be in the room when the witness less than 11 years of age or any victim of the offenses described herein testifies by closed circuit television:

a. The prosecuting attorney;

b. The attorney for the defendant;

c. The operators of the closed circuit television equipment; and

d. Any person whose presence, in the opinion of the court, contributes to the well-being of the witness less than 11 years of age or any victim of the offenses described herein, including a person who has dealt with the witness less than 11 years of age or any victim of the offenses described herein in a therapeutic setting concerning the abuse.

(2) During the witness or victim’s testimony by secured video connection, the judge and the defendant shall be in the courtroom.

(3) The judge and the defendant shall be allowed to communicate with the persons in the room where the witness less than 11 years of age or any victim of the offenses described herein is testifying by any appropriate electronic method.

(c) The provisions of this section do not apply if the defendant is an attorney pro se.

(d) This section may not be interpreted to preclude, for purposes of identification of a defendant, the presence of both the victim and the defendant in the courtroom at the same time.

(e) The proponent of the witness’s or victim’s testimony must inform the adverse party of the proponent’s intention to offer the testimony and the content of the testimony sufficiently in advance of the proceeding to provide the adverse party with fair opportunity to prepare a response to the testimony before the proceeding at which it is offered.
11 Del. C. § 1273 — Delaware Code / Title 11 / Chapter 5 / Subchapter VI / Section 1273
§ Â
        1273. Unlawful grand jury disclosure; class B misdemeanor.
Status: in_force

A person is guilty of unlawful grand jury disclosure when, being a grand juror, a public prosecutor, a grand jury stenographer, a grand jury interpreter, a peace officer guarding a witness in a grand jury proceeding, or a clerk, attendant, warden or other public servant having official duties in or about a grand jury room or proceeding, the person intentionally discloses to another person the nature or substance of any grand jury testimony, or any decision, result or other matter attending a grand jury proceeding which is required by law to be kept secret, except in the proper discharge of official duties or upon written order of the court.

Unlawful grand jury disclosure is a class B misdemeanor.
11 Del. C. § 2733 — Delaware Code / Title 11 / Chapter 27 / Subchapter II / Section 2733
§ Â
        2733. Offenses involving the conduct of another.
Status: in_force

Any prosecution involving liability for the conduct of another may be heard and determined in the county in which the principal crime was committed or in the county where the offense charged was committed.
11 Del. C. § 242 — Delaware Code / Title 11 / Chapter 2 / Section 242
§ Â
        242. Requirements for criminal liability in general.
Status: in_force

A person is not guilty of an offense unless liability is based on conduct which includes a voluntary act or the omission to perform an act which the person is physically capable of performing.
11 Del. C. § 1467 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1467
§ Â
        1467. Voluntary certificate of possession.
Status: in_force

(a) A person who is exempt from § 1466(a) of this title under § 1466(c)(3) of this title may, no later than June 30, 2023, apply to the Secretary of the Department of Safety and Homeland Security for a certificate of possession.

(b) In a prosecution under § 1466 of this title, it is an affirmative defense that the defendant was lawfully in possession or had completed a purchase of the assault weapon prior to June 30, 2022. A certificate of possession is conclusive evidence that a person lawfully possessed or had completed a purchase of an assault weapon before June 30, 2022, and is entitled to continue to possess and transport the assault weapon on or after June 30, 2022, under § 1466(c)(3) of this title.

(c) The Secretary of the Department of Safety and Homeland Security shall establish procedures with respect to the application for and issuance of certificates of possession for assault weapons that are lawfully owned and possessed before June 30, 2022. Rules and procedures under this subsection must include all of the following:

(1) That the application contain proof that the person lawfully possessed or had completed a purchase of an assault weapon before June 30, 2022.

(2) That the certificate of possession must contain a description of the assault weapon, including the make, model, and serial number. For an assault weapon manufactured before 1968, identifying marks may be substituted for the serial number.

(3) That the certificate of possession must contain the full name, address, date of birth, and thumbprint of the person who owns the assault weapon, and any other information the Secretary deems appropriate.

(4) That the Department will not retain copies of the certificate or other identifying information relating to any individual who applies for a voluntary certificate of possession.

(d) A person who inherits or receives a weapon from a family member that is lawfully possessed under § 1466(c)(3) of this title and lawfully transferred may apply for a certificate of possession within 60 days of taking possession of the weapon. To receive a certificate, the person must show that the transferor was lawfully in possession and that the person is the lawful recipient of the transfer.
11 Del. C. § 843 — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 843
§ Â
        843. Theft; false pretense.
Status: in_force

A person commits theft when, with the intent prescribed in § 841 of this title, the person obtains property of another person by intentionally creating or reinforcing a false impression as to a present or past fact, or by preventing the other person from acquiring information which would adversely affect the other person’s judgment of a transaction.
11 Del. C. § 6705 — Delaware Code / Title 11 / Chapter 67 / Section 6705
§ Â
        6705. Sentencing; boot camp designation.
Status: in_force

(a) Each participant in the boot camp program shall have first been convicted of a criminal offense. The selection of boot camp participants shall be made by the Bureau from those offenders not otherwise excluded under this section. However, satisfying the statutory or regulatory qualifications for admission to the boot camp program shall not mean that an offender shall automatically be permitted to participate in the program.

(b) Notwithstanding the provisions of subsection (a) of this section, the following offenders shall not be classified or otherwise permitted to participate in the boot camp program:

(1) Any person declared to be an habitual offender under § 4214 of this title;

(2) Any person who is serving a sentence of Level V incarceration for a violent crime;

(3) Any person who is serving a sentence for a violation of probation or parole where the crime for which the offender was originally convicted is any class A, B or C Title 11 violent felony, or any sexual offense as set forth in subpart D of subchapter II of Chapter 5 of this title or any of the following offenses: Vehicular homicide first and second degree, criminally negligent homicide, promoting prison contraband felony or stalking;

(4) Any person designated by the sentencing court or the Attorney General pursuant to subsection (c) of this section as not being eligible for the boot camp program.

(c) The sentencing court or the Attorney General shall have the authority to designate any person as bootcamp ineligible at the time of sentencing. Such designation shall be specifically and clearly set forth in the sentencing order.

(d) Subject to the provisions of subsections (a), (b)(1) and (b)(3) of this section, any person serving a sentence for a violation of probation or parole shall be eligible for the boot camp program.
11 Del. C. § 1338 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1338
§ Â
        1338. Bombs, incendiary devices, Molotov cocktails and explosive devices; class D felony.
Status: in_force

(a) For purposes of this section the following definitions shall be made applicable:

(1) “Incendiary device” means any item designed to ignite by hand, chemical reaction or by spontaneous combustion and is not designed for any lawful purpose or use whatsoever, or any lawful purpose or use has been or is terminated.

(2) “Molotov cocktail” means a makeshift incendiary bomb made of a breakable container filled with flammable liquid and provided with a wick composed of any substance capable of bringing flame into contact with the liquid.

(b) Whoever manufactures, transfers, uses, possesses or transports any bomb, incendiary device, Molotov cocktail or device designed to explode or produce uncontained combustion with intent to cause bodily harm or damage to any property or thing shall be guilty of a class D felony.

(c) Any other provision of this Criminal Code notwithstanding, any person over 16 years old who violates this section may be prosecuted as an adult pursuant to §§ 1010 and 1011 of Title 10.

(d) In any prosecution under this section, it is prima facie evidence of intent to cause bodily harm or damage to any property or thing if the accused had possession of the device prescribed by this section.
11 Del. C. § 1325A — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1325A
§ Â
        1325A. The unlawful trade in dog or cat by-products; class B misdemeanor; class A misdemeanor, penalties.
Status: in_force

(a) (1) A person is guilty of the unlawful trade in dog or cat by-products in the second degree if the person knowingly or recklessly sells, barters or offers for sale or barter, the fur or hair of a domestic dog or cat or any product made in whole or in part from the fur or hair of a domestic dog or cat.

(2) This subsection shall not apply to the sale or barter, or offering for sale or barter, of the fur or hair of a domestic dog or cat which has been cut at a commercial grooming establishment, or at a veterinary office or clinic, or for scientific research purposes.

(3) The unlawful trade in dog or cat by-products in the second degree is a class B misdemeanor.

(b) (1) A person is guilty of the unlawful trade in dog or cat by-products in the first degree if the person knowingly or recklessly sells, barters or offers for sale or barter, the flesh of a domestic dog or cat or any product made in whole or in part from the flesh of a domestic dog or cat.

(2) The unlawful trade in dog or cat by-products in the first degree is a class A misdemeanor.

(c) In addition to any other penalty provided by law, any person convicted of a violation of this section shall be:

(1) Prohibited from owning or possessing any domestic dog or cat for 15 years after said conviction, except for those grown, raised or produced within the State for resale, where the person has all necessary licenses for such sale or resale, and receives at least 25 percent of the person’s annual gross income from such sale or resale;

(2) Subject to a fine in the amount of $2,500 in any court of competent jurisdiction; and

(3) Required to forfeit any domestic dog or cat illegally owned in accordance with the provisions of Chapter 79 of Title 3.

(d) For the purposes of this section, the term “domestic dog or cat” means a dog (Canis familiaris) or cat (Felis catus or Felis domesticus) that is generally recognized in the United States as being a household pet and shall not include coyote, fox, lynx, bobcat or any other wild or commercially raised canine or feline species the fur or hair of which is recognized for use in warm clothing and outer wear by the United States Department of Agriculture and which species is not recognized as an endangered or threatened species by the United States Fish and Wild Life Service or the Delaware Department of Natural Resources and Environmental Control.
11 Del. C. § 1906 — Delaware Code / Title 11 / Chapter 19 / Subchapter I / Section 1906
§ Â
        1906. Possession and display of warrant.
Status: in_force

An arrest by a peace officer acting under a warrant is lawful even though the officer does not have the warrant in possession at the time of the arrest, but, if the person arrested so requests, the warrant shall be shown to the person as soon as practicable.
11 Del. C. § 2012 — Delaware Code / Title 11 / Chapter 20 / Subchapter I / Section 2012
§ Â
        2012. Procedural remedies.
Status: in_force

(a) Unless the court finds that an exception in §§ 2005 through 2009 of this title applies, the court shall consider the failure to record electronically all or part of a custodial interrogation to which § 2003 of this title applies in determining whether a statement made during the interrogation is admissible, including whether it was voluntarily made.

(b) If the court admits into evidence a statement made by an individual during a custodial interrogation that was not recorded electronically in compliance with § 2003 of this title, the court shall afford the individual the opportunity to present to the jury the fact that the statement was not recorded electronically in compliance with § 2003 of this title.
11 Del. C. § 1367 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1367
§ Â
        1367. Unauthorized promotion of boxing, mixed martial arts or of a combative sports or combative sports entertainment or combative fighting match, contest, or event; class A misdemeanor.
Status: in_force

(a) A person is guilty of the unauthorized promotion of boxing, mixed martial arts or of a combative sports or combative sports entertainment or combative fighting match, contest, or event if the person promotes, arranges, advertises, or conducts a combative sports entertainment or combative fighting match, contest, or event in violation of Chapter 1 of Title 28.

(b) A charge of the unauthorized promotion of boxing, mixed martial arts or of a combative sports or combative sports entertainment or combative fighting match, contest, or event shall not exclude prosecution for other offenses or violations of this Code.

(c) The unauthorized promotion of boxing, mixed martial arts or of a combative sports or combative sports entertainment or combative fighting match, contest, or event is a class A misdemeanor.
11 Del. C. § 6704 — Delaware Code / Title 11 / Chapter 67 / Section 6704
§ Â
        6704. Establishment of boot camp programs.
Status: in_force

(a) The Bureau of Prisons may establish 1 or more regimented boot camp inmate training programs. Subject to appropriations therefor, each such program shall include, but not be limited to:

(1) A military-style intensive physical training and discipline component;

(2) An educational and vocational component, emphasizing job-seeking skills;

(3) A health education component;

(4) A substance abuse education and treatment component, which shall be structured as an integral part of the boot camp program; and

(5) Such other activities as may be deemed appropriate and effective by the Bureau.

(b) The Bureau may establish and enforce standards for the boot camp program, and each component set forth in paragraphs (a)(1) through (a)(5) of this section.

(c) The boot camp facilities and all boot camp participants should be effectively separated from the general inmate population, and shall be supervised by a specially-trained staff.

(d) The boot camp program shall be 6 months in duration; provided however, that any participant who is assigned to the program shall remain in the program at least 1 month, unless the camp commander, in the commander’s discretion, determines otherwise. In exceptional cases, a participant may be retained in the program in order to join the next following class if the additional time spent in the program is, in the opinion of the Bureau, needed to allow such person to complete the program successfully after illness or other circumstance has delayed such person’s normal progress through the program.

(e) Selection for participation in a boot camp program is a privilege, and not a right. No person has the right to participate in a boot camp program.
11 Del. C. § 871 — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 871
§ Â
        871. Falsifying business records; class A misdemeanor.
Status: in_force

(a) For purposes of this section, “medical record” means a record that pertains to a person’s medical history, evaluations, tests, diagnoses, prognoses, laboratory reports, medical imaging, treatments, prescriptions, or any other information used in assessing a person’s physical, mental, or emotional condition.

(b) A person is guilty of falsifying business records when, with intent to defraud, the person:

(1) Makes or causes a false entry in the business records of an enterprise; or

(2) Alters, erases, obliterates, deletes, removes or destroys a true entry in the business records of an enterprise; or

(3) Omits to make a true entry in the business records of an enterprise in violation of a duty to do so which the person knows to be imposed by law or by the nature of the person's position; or

(4) Prevents the making of a true entry or causes the omission thereof in the business records of an enterprise; or

(5) Alters or modifies, or causes the alteration or modification of the medical record of any person; or

(6) Creates or causes to be created any false medical record.

(c) Falsifying business records is a class A misdemeanor.
11 Del. C. § 1432 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1432
§ Â
        1432. Gambling; definitions.
Status: in_force

(a) “Call service” means the furnishing of information upon request therefor or by prearrangement over general telegraphic, telephonic or teletypewriter exchange or toll service.

(b) “Dissemination” means the act of transmitting, distributing, advising, spreading, communicating, conveying or making known.

(c) “Gambling device” means any device, machine, paraphernalia or equipment which is used or usable in the playing phases of any gambling activity, whether the activity consists of gambling between persons or gambling by a person involving the playing of a machine. Lottery tickets, policy slips and other items used in the playing phases of lottery and policy schemes are not gambling devices.

(d) “Gambling offense” means any offense defined in §§ 1401-1431 of this title.

(e) “Private wire” means service equipment, facilities, conduits, poles, wires, circuits, systems by means of which service is furnished for communication purposes, either through the medium of telephone, telegraph, Morse, teletypewriter, loudspeaker or any other means, or by which the voice or electrical impulses are sent over a wire, and which services are contracted for or leased for services between 2 or more points specifically designated, and are not connected to or available for general telegraphic, telephonic or teletypewriter exchange or toll service, and includes such services known as “special contract leased wire service,” “leased line,” “private line,” “private system,” “Morse line,” “private wire,” but does not include the usual and customary telephone or teletypewriter service by which the subscriber may be connected at each separate call to any other telephone or teletypewriter designated by the subscriber only through the general telephone or teletypewriter exchange system or toll service.

(f) “Public utility” means a person, partnership, association or corporation owning or operating in this State equipment or facilities for conveying or transmitting messages or communications by telephone or telegraph to the public for compensation.

(g) “Obstruction” means a door, window, shutter, screen bar or grating of unusual strength, or any unnecessary number of doors, windows or obstructions other than what is usual and ordinary in the normal or usual use of a building, apartment or place, by which access to any building, apartment or place is barred.

(h) “Slot machine” means a gambling device which, as a result of the insertion of a coin or other object, operates, either completely automatically or with the aid of a physical act by the player, in such manner that, depending upon elements of chance, it may eject something of value.
11 Del. C. § 1112B — Delaware Code / Title 11 / Chapter 5 / Subchapter V / Section 1112B
§ Â
        1112B. Promoting sexual solicitation of a child.
Status: in_force

(a) A person is guilty of promoting sexual solicitation of a child if the person, being 18 years of age or older, intentionally or knowingly:

(1) Promotes, entices, offers, encourages, solicits or otherwise attempts to cause any child to engage in a prohibited sexual act; or

(2) Uses a computer, cellular telephone, or other electronic device to communicate with another person to solicit, request, command, importune, entice, encourage or otherwise attempt to cause that person to engage in a prohibited sexual act with a child.

(b) For purposes of this section, “child” means:

(1) An individual who is younger than 18 years of age; or

(2) An individual who represents himself or herself to be younger than 18 years of age; or

(3) An individual whom the person committing the offense believes to be younger than 18 years of age.

(c) For the purposes of this section, conduct occurring outside the State shall be sufficient to constitute this offense if such conduct is within the terms of § 204 of this title, or in the instance of any manner of electronic communication or other communication that does not occur in person, the offense is committed in this State if such communication either originated in this State or is received in this State.

(d) For the purposes of this section, it is not a defense to prosecution that at the time the conduct described in subsection (a) of this section occurred:

(1) The solicited prohibited sexual act did not occur; or

(2) The person was engaged in a fantasy or role playing at the time of the commission of the offense.

(e) Nothing in this section shall preclude a separate charge, conviction and sentence for any other crime set forth in this title, or in the Delaware Code.

(f) Promoting sexual solicitation is a class C felony except as provided in subsection (g) of this section.

(g) Promoting sexual solicitation of a child is a class B felony if the defendant meets in person or attempts to meet in person with another person and a child, or otherwise produces or delivers a child to another person, for the purpose of the person engaging in a prohibited sex act with the child.
11 Del. C. § 5308 — Delaware Code / Title 11 / Chapter 53 / Section 5308
§ Â
        5308. Preliminary hearing.
Status: in_force

A Court of Common Pleas Judge shall conduct a preliminary hearing in accordance with the rules of criminal procedure promulgated by the Court of Common Pleas.
11 Del. C. § 3506 — Delaware Code / Title 11 / Chapter 35 / Subchapter I / Section 3506
§ Â
        3506. Obtaining of testimony under court order; witness immunity.
Status: in_force

(a) In any criminal action or in any investigation carried on by the grand jury, if a person refuses to answer any question or to produce evidence of any kind solely on the ground that the person may thereby be incriminated, the Superior Court, upon motion of the Attorney General, may order such person to answer the question or produce the evidence after notice to the witness and a hearing; provided, however, the Court shall not enter such order if the Court finds:

(1) That such person may be subjected to criminal prosecution relating to the same transaction or occurrence under the laws of the United States or any other state and that any such evidence so compelled could be used against the person in any such prosecution; or

(2) Such order would otherwise be clearly contrary to the public interest.

Such person, so ordered by the Court, shall comply with the Court order. After complying, such person shall not be prosecuted or subjected to penalty or forfeiture for or on account of any transaction, matter or thing concerning which, in accordance with the order, the person gave answer or produced evidence; provided that, but for this section, such person would have been privileged to withhold the answer given or the evidence produced. In no event, however, shall such person, acting pursuant to such order, be exempt from prosecution or penalty or forfeiture for any perjury, false statement or contempt committed in answering or failing to answer, or in producing or failing to produce evidence in accordance with the order, and any testimony or evidence so given or produced shall not by virtue of this section be rendered inadmissible in evidence upon any criminal action, investigation or proceeding concerning such perjury, false statement or contempt.

(b) No statement or other evidence obtained from any person who shall have been compelled to make such statement or produce such evidence by any court of competent jurisdiction of the United States or of any other state pursuant to a claim of privilege and court order under a statute substantially equivalent to subsection (a) of this section shall be admissible in evidence in any criminal prosecution in this State against such person arising out of the same transaction or occurrence.
11 Del. C. § 1246 — Delaware Code / Title 11 / Chapter 5 / Subchapter VI / Section 1246
§ Â
        1246. Compounding a crime; class A misdemeanor.
Status: in_force

A person is guilty of compounding a crime when:

(1) The person solicits, accepts or agrees to accept any benefit from a person upon any representation or pretense that criminal prosecution of such person shall be dropped, withheld or abandoned, or the sentence thereon reduced, or upon any promise to assert pretended influence to cause such criminal prosecution to be dropped, withheld or abandoned or the sentence thereon reduced; or

(2) The person offers, confers or agrees to confer any benefit upon another person upon an agreement or understanding that the other person will refrain from initiating a prosecution for a crime.

Compounding a crime is a class A misdemeanor.
11 Del. C. § 1405 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1405
§ Â
        1405. Possessing a gambling device; class A misdemeanor.
Status: in_force

(a) A person is guilty of possessing a gambling device when the person knowingly manufactures, sells, transports, keeps, exhibits, manages, places, possesses or conducts or negotiates any transaction affecting or designed to effect ownership, custody or use of a slot machine or any other gambling device.

(b) Possessing a gambling device is a class A misdemeanor.

(c) A person is not guilty of a violation of this section if the device or machine is either:

(1) An antique slot machine which is not used for gambling purposes; or

(2) Any slot machine or gambling device which is manufactured (including, without limitation, the retrofitting or alteration of a finished machine or device), assembled, transported, kept, exhibited, managed, placed or possessed by a person within this State or which is the subject of any negotiation which involves a transaction affecting or designed to affect the ownership, custody or use of such machine or device by such person in this State where:

a. Such person is duly licensed to conduct a manufacturing or other business in this State; and

b. Such person is registered in accordance with the federal Gambling Devices Act of 1962 as amended (15 U.S.C. § 1171 et seq.) and is in the business of designing, assembling, manufacturing, selling, supplying, repairing or retrofitting slot machines, gambling devices or component parts thereof exclusively for lawful possession and use.

(d) For purposes of this section, a slot machine is an antique machine if such machine is at least 25 years old.

(e) For purposes of this section, a “video lottery machine,” as defined in § 4803 of Title 29, which is owned or leased by the State for use in the Delaware video lottery shall not constitute either a slot machine or a gaming device.
11 Del. C. § 632 — Delaware Code / Title 11 / Chapter 5 / Subchapter II / Section 632
§ Â
        632. Manslaughter; class B felony.
Status: repealed

A person is guilty of manslaughter when:

(1) The person recklessly causes the death of another person; or

(2) With intent to cause serious physical injury to another person the person causes the death of such person, employing means which would to a reasonable person in the defendant’s situation, knowing the facts known to the defendant, seem likely to cause death; or

(3) The person intentionally causes the death of another person under circumstances which do not constitute murder because the person acts under the influence of extreme emotional disturbance; or

(4) [Repealed.]

(5) The person intentionally causes another person to commit suicide.

Manslaughter is a class B felony.
11 Del. C. § 404 — Delaware Code / Title 11 / Chapter 4 / Section 404
§ Â
        404. Confinement in Delaware Psychiatric Center of persons too mentally ill to stand trial; requiring State to prove prima facie case in such circumstances; adjustment of sentences.
Status: in_force

(a) Whenever the court is satisfied, after hearing, that an accused person, because of mental illness or serious mental disorder, is unable to understand the nature of the proceedings against the accused, or to give evidence in the accused’s own defense or to instruct counsel on the accused’s own behalf, the court may order the accused person to be confined and treated in the Delaware Psychiatric Center until the accused person is capable of standing trial. However, upon motion of the defendant, the court may conduct a hearing to determine whether the State can make out a prima facie case against the defendant, and if the State fails to present sufficient evidence to constitute a prima facie case, the court shall dismiss the charge. This dismissal shall have the same effect as a judgment of acquittal.

(b) When the court finds that the defendant is capable of standing trial, the defendant may be tried in the ordinary way, but the court may make any adjustment in the sentence which is required in the interest of justice, including a remission of all or any part of the time spent in the Psychiatric Center.
11 Del. C. § 2431 — Delaware Code / Title 11 / Chapter 24 / Subchapter III / Section 2431
§ Â
        2431. Installation and use generally.
Status: in_force

(a) Court order required. — Except as provided in subsection (b) of this section, a person may not install or use a pen register or a trap and trace device without first obtaining a court order under § 2433 of this title.

(b) Exceptions. — Subsection (a) of this section does not apply to the use of a pen register or a trap and trace device by a provider of wire or electronic communication service:

(1) Relating to the operation, maintenance and testing of a wire or electronic service or to the protection of the rights or property of the provider, or to the protection of users of that service from abuse of service or unlawful use of service; or

(2) To record the fact that a wire or electronic communication was initiated or completed in order to protect the provider, another provider furnishing service toward the completion of the wire communication, or a user of that service from fraudulent, unlawful or abusive use of this service, or with the consent of the user of that service.

(c) Penalties. — A person who violates subsection (a) of this section shall be guilty of a class A misdemeanor and be fined not more than $5,000.
11 Del. C. § 9611 — Delaware Code / Title 11 / Chapter 96 / Subchapter II / Section 9611
§ Â
        9611. Definitions.
Status: in_force

When used in this subchapter, the following words and phrases shall have the meanings ascribed to them in this section:

(1) “Actual address” shall mean a residential address, school address or work address of an individual.

(2) “Image” includes, but is not limited to, any photograph, video, sketch, or computer-generated image that provides a means to visually identify the person depicted.

(3) “Internet” has the meaning used in § 931 of this title.

(4) “Law-enforcement agency” means the police department of any political subdivision of this State, the Delaware State Police, the Capitol Police, and the Delaware Department of Justice.

(5) “Post or display publicly” means to communicate, transmit, or otherwise make available to any other person.

(6) “Program” means the Address Confidentiality Program of the Department of Justice.

(7) “Program participant” means any person certified by the Department of Justice as eligible to participate in the address confidentiality program established by this subchapter.

(8) “Protected witnesses” means any person to whom the Department of Justice is providing witness protection services pursuant to this chapter.

(9) “Reproductive health service provider or employee” means a person who provides or assists in providing reproductive health services.

(10) “Reproductive health services” has the same meaning as defined in § 1702 of Title 24.

(11) “Substitute address” means the official address or confidential address designated by the Attorney General.

(12) “Victim of domestic violence” means a person who is a victim of domestic violence as that term is defined by § 1041 of Title 10, or any equivalent provision in the laws of any other state, the United States, or any territory, District or subdivision thereof or any other foreign jurisdiction.

(13) “Victim of human trafficking” means a victim of an offense set forth in § 787 of this title, or any equivalent provision in the laws of any other state, the United States, or any territory, District or subdivision thereof, or any other foreign jurisdiction. This definition is to include victims of both “labor” and “sex” trafficking.

(14) “Victim of kidnapping” means a victim of an offense set forth in § § 781 through 786 of this title, or any equivalent provision in the laws of any other state, the United States, or any territory, District or subdivision thereof, or any foreign jurisdiction.

(15) “Victim of sexual assault” means a victim of an offense set forth in §§ 768 through 780, and 787 of this title, or any equivalent provision in the laws of any other state, the United States, or any territory, District or subdivision thereof or any other foreign jurisdiction.

(16) “Victim of stalking” means a victim of an offense set forth in §§ 1312 and 1312A [transferred to § 1312] of this title, or any equivalent provision in the laws of any other state, the United States, or any territory, District or subdivision thereof or any other foreign jurisdiction.
11 Del. C. § 1330 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1330
§ Â
        1330. Smoking on trolleys and buses.
Status: in_force

(a) Whoever in any trackless trolley coach, or gasoline or diesel-engine-propelled bus being used as a public conveyance for carrying passengers within this State, smokes or carries a lighted cigarette, cigar or pipe shall be fined not less than $5.00 nor more than $25.

(b) Justices of the peace shall have jurisdiction of offenses under this section.
11 Del. C. § 1907 — Delaware Code / Title 11 / Chapter 19 / Subchapter I / Section 1907
§ Â
        1907. Summons instead of arrest; form; penalty for nonappearance.
Status: in_force

(a) In any case in which it is lawful for a peace officer to arrest without a warrant a person for a misdemeanor, the officer may, but need not, give the person a written summons in substantially the following form:

(b) If the person fails to appear in answer to the summons, or if there is reasonable cause to believe that the person will not appear, a warrant for the person’s arrest may issue.

(c) Whoever wilfully fails to appear in answer to the summons may be fined not more than $100 or imprisoned for not more than 30 days, or both.
11 Del. C. § 9101 — Delaware Code / Title 11 / Chapter 91 / Section 9101
§ Â
        9101. Findings.
Status: in_force

The General Assembly finds that it is against public policy and the welfare of the citizens of Delaware to allow a person accused or convicted of a crime to benefit financially from a published reenactment of said crime or any incidents involved therein. The General Assembly further finds that a system is required to provide for the distribution of moneys received as a result of the commission of a crime in order that victims of crime may be adequately compensated.
11 Del. C. § 813 — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 813
§ Â
        813. Theft of property from a cemetery.
Status: in_force

A person commits theft of property from a cemetery when, with the intent as prescribed in § 841 of this title, the person exercises control over flowers, burial mounds, mementos or any other property left by its owner in a cemetery for purposes of honoring the dead; provided, however, that this section shall not be applicable to employees of a cemetery who remove property from a grave site pursuant to cemetery regulations. Whoever commits theft of property from a cemetery shall be guilty of a class A misdemeanor.
11 Del. C. § 1342 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1342
§ Â
        1342. Prostitution; class B misdemeanor.
Status: in_force

(a) (1) A person, 18 years or older, is guilty of prostitution when the person engages or agrees or offers to engage in sexual conduct with another person in return for a fee.

(2) Prostitution is a class B misdemeanor.

(b) (1) Any person, 18 years or older, found guilty of an act of prostitution when such crime has occurred on or within 1,000 feet of the property of any school, residence, church, synagogue or other place of worship shall be guilty of a class A misdemeanor. The minimum mandatory fine shall be $500. This fine shall not be suspended.

(2) It shall not be a defense to prosecution for a violation of this section that the person was unaware that the prohibited conduct took place on or within 1,000 feet of any school property, residence, church, synagogue or other place of worship.

(c) A minor who, if 18 years or older, could be charged with prostitution as defined in subsection (a) of this section, is presumed to be a neglected or abused child under § 901 of Title 10. Whenever a police officer has probable cause to believe that a minor has engaged in prostitution, the police officer shall make an immediate report to the Department of Services for Children, Youth and Their Families pursuant to § 903 of Title 16.
11 Del. C. § 223 — Delaware Code / Title 11 / Chapter 2 / Section 223
§ Â
        223. Words of gender or number.
Status: in_force

Unless the context otherwise requires, words denoting the singular number may, and where necessary shall, be construed as denoting the plural number, and words denoting the plural number may, and where necessary shall, be construed as denoting the singular number, and words denoting the masculine gender may, and where necessary shall, be construed as denoting the feminine gender or the neuter gender.
11 Del. C. § 8362 — Delaware Code / Title 11 / Chapter 83 / Subchapter III / Section 8362
§ Â
        8362. Retirement option.
Status: in_force

When the member applies for a pension, the member shall choose either a unified pension or an ordinary pension.
11 Del. C. § 8706 — Delaware Code / Title 11 / Chapter 87 / Section 8706
§ Â
        8706. Criminal justice agencies and courts to provide assistance.
Status: in_force

It shall be the duty of all criminal justice agencies and courts of the State or any political subdivision thereof to provide such staff or other assistance as may reasonably be requested by the Council to carry out its functions under this chapter.
11 Del. C. § 621 — Delaware Code / Title 11 / Chapter 5 / Subchapter II / Section 621
§ Â
        621. Terroristic threatening.
Status: in_force

(a) A person is guilty of terroristic threatening when that person commits any of the following:

(1) The person threatens to commit any crime likely to result in death or in serious injury to person or property;

(2) The person makes a false statement or statements:

a. Knowing that the statement or statements are likely to cause evacuation of a building, place of assembly, or facility of public transportation;

b. Knowing that the statement or statements are likely to cause serious inconvenience; or

c. In reckless disregard of the risk of causing terror or serious inconvenience; or

(3) The person commits an act with intent of causing an individual to believe that the individual has been exposed to a substance that will cause the individual death or serious injury.

(b) Any violation of paragraph (a)(1) of this section shall be a class A misdemeanor except where the victim is a person 62 years of age or older, in which case any violation of paragraph (a)(1) of this section shall be a class G felony. Any violation of paragraph (a)(2)a. of this section shall be a class E felony. Any violation of paragraph (a)(2)b. or c. of this section shall be a class G felony unless the place at which the risk of serious inconvenience or terror is created is a place that has the purpose, in whole or in part, of acting as a daycare facility, nursery or preschool, kindergarten, elementary, secondary or vocational-technical school, or any long-term care facility in which elderly persons are housed, in which case it shall be a class F felony. Any violation of paragraph (a)(3) of this section shall be a class F felony. Notwithstanding any provision of this subsection to the contrary, a first offense of paragraph (a)(2) of this section by a person 17 years old or younger shall be a class A misdemeanor.

(c) In addition to the penalties otherwise authorized by law, any person convicted of an offense in violation of paragraph (a)(2) of this section shall:

(1) Pay a fine of not less than $1,000 nor more than $2,500, which fine cannot be suspended; and

(2) Be sentenced to perform a minimum of 100 hours of community service.

(d) In addition to the penalties otherwise authorized by law, any person convicted of an offense in violation of paragraph (a)(3) of this section shall pay a fine of not less than $2,000, which fine cannot be suspended.
11 Del. C. § 2111 — Delaware Code / Title 11 / Chapter 21 / Section 2111
§ Â
        2111. Procedure for pretrial release or implementing this chapter.
Status: in_force

Except as provided herein, the procedure for pretrial release or implementing this chapter shall be as provided by the Rules of the Superior Court.
11 Del. C. § 841C — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 841C
§ Â
        841C. Possession or theft of a prescription form or a pad.
Status: in_force

(a) A person in possession of a blank prescription form or pad who is not a practitioner as defined in this section shall be guilty of a class G felony. “Possession” in addition to its ordinary meaning, includes location on or about the defendant’s person, premises, belongings, vehicle or otherwise within the defendant’s reasonable control.

(b) A person is guilty of theft of a blank prescription form or pad when the person is not a practitioner as defined in this section and takes, exercises control over, obtains or receives, produces or reproduces any facsimile or counterfeit version of, or transfers, uses, gives, or sells any copies, facsimiles or counterfeit versions, a prescription form or pad of a practitioner with the intent to deprive the practitioner of the use thereof or to facilitate the commission of drug diversion.

(1) A “practitioner” means:

a. A physician, dentist, veterinarian, scientific investigator or other person licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a controlled or noncontrolled substance in the course of professional practice or research in this State.

b. A pharmacy, hospital or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a controlled or noncontrolled substance in the course of professional practice or research in this State.

(2) Theft of a blank prescription form or pad is a class F felony.
11 Del. C. § 8361 — Delaware Code / Title 11 / Chapter 83 / Subchapter III / Section 8361
§ Â
        8361. Mandatory retirement.
Status: in_force

A member may retire after accumulating 20 years of credited service as defined in § 8351(3)a. of this title, or shall be retired upon reaching the age of 55 years.
11 Del. C. § 533 — Delaware Code / Title 11 / Chapter 5 / Subchapter I / Section 533
§ Â
        533. Conduct intended to aid another to commit a crime.
Status: in_force

A person who engages in conduct intended to aid another person to commit a crime is guilty of an attempt to commit the crime, although the crime is not committed or attempted by the other person, provided that the conduct would establish the person’s complicity under § 271 of this title if the crime were committed by the other person.
11 Del. C. § 1337 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1337
§ Â
        1337. Definitions relating to riot, disorderly conduct and related offenses.
Status: in_force

(a) “Private place” means a place where one may reasonably expect to be safe from casual or hostile intrusion or surveillance, but does not include a place to which the public or a substantial group thereof has access.

(b) “Public place” means a place to which the public or a substantial group of persons has access and includes highways, transportation facilities, schools, places of amusement, parks, playgrounds, prisons and hallways, lobbies and other portions of apartment houses and hotels not constituting rooms or apartments designed for actual residence.
11 Del. C. § 633 — Delaware Code / Title 11 / Chapter 5 / Subchapter II / Section 633
§ Â
        633. Murder by abuse or neglect in the second degree; class B felony.
Status: in_force

(a) A person is guilty of murder by abuse or neglect in the second degree when, with criminal negligence, the person causes the death of a child:

(1) Through an act of abuse and/or neglect of such child; or

(2) When the person has engaged in a previous pattern of abuse and/or neglect of such child.

(b) For the purpose of this section:

(1) “Abuse” and “neglect” shall have the same meaning as set forth in § 1100 of this title.

(2) “Child” shall refer to any person who has not yet reached that person’s fourteenth birthday.

(3) “Previous pattern” of abuse and/or neglect shall mean 2 or more incidents of conduct:

a. That constitute an act of abuse and/or neglect; and

b. Are not so closely related to each other or connected in point of time and place that they constitute a single event.

(c) A conviction is not required for an act of abuse or neglect to be used in prosecution of a matter under this section, including an act used as proof of a previous pattern as defined in paragraph (b)(3) of this section. A conviction for any act of abuse or neglect, including one which may be relied upon to establish a previous pattern of abuse and/or neglect does not preclude prosecution under this section. Prosecution under this section does not preclude prosecution under any other section of the Code.

(d) Murder by abuse or neglect in the second degree is a class B felony. Notwithstanding any provision of this title to the contrary, the minimum sentence for a person convicted of murder by abuse or neglect in the second degree in violation of this section shall be 10 years at Level V.
11 Del. C. § 1254 — Delaware Code / Title 11 / Chapter 5 / Subchapter VI / Section 1254
§ Â
        1254. Assault in a detention facility; penalty; class B and class D felony.
Status: in_force

(a) (1) Any person who, being confined in a detention facility, intentionally or recklessly causes physical injury to a correctional officer, other state employee of a detention facility acting in the lawful performance of duties, any other person confined in a detention facility or any other person at a detention facility or other place having custody of such person shall be guilty of a class D felony.

(2) Notwithstanding Chapter 45 of this title, any person convicted for a violation of this subsection shall be imprisoned for a mandatory minimum period of 2 years which shall commence upon final judgment of conviction. Such sentence shall not be suspended nor shall the defendant be eligible for parole or probation.

(b) (1) Any person who, being confined in a detention facility, intentionally or recklessly causes serious physical injury to a correctional officer, other state employee of a detention facility acting in the lawful performance of duties, any other person confined in a detention facility or any other person at a detention facility or other place having custody of such person shall be guilty of a class B felony.

(2) Notwithstanding Chapter 45 of this title, any person convicted for a violation of this subsection shall be imprisoned for a mandatory minimum period of 3 years which shall commence upon final judgment of conviction. Such sentence shall not be suspended nor shall the defendant be eligible for parole or probation.

(c) (1) Any person who, being confined in a detention facility, intentionally or recklessly strikes with urine, feces or other bodily fluid a correctional officer or other state employee of a detention facility acting in the lawful performance of duties or any other person at a detention facility or other place having custody of such person, other than another person confined at a detention facility shall be guilty of a class D felony.

(2) Notwithstanding Chapter 45 of this title, any person convicted for a violation of this subsection shall be imprisoned for a mandatory minimum period of 1 year, which shall commence upon final conviction. Such sentence shall not be suspended nor shall the defendant be eligible for parole or probation.

(3) When charged with a violation of this subsection, the defendant shall be tested for diseases transmittable through bodily fluids, the cost of such tests to be assessed as costs upon conviction. The results of such tests shall be provided only to the Attorney General, the victim of the assault, the defendant and the Department’s medical care provider.

(d) The execution and operation of the sentence for any other crime causing such original confinement shall, upon the commencement of the sentence for a violation of this section, be placed in suspension, to be continued only after completion of the sentence for the violation of this section.
11 Del. C. § 905 — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 905
§ Â
        905. Intention and ability to meet obligations as affirmative defense.
Status: in_force

In any prosecution for unauthorized use of a payment card under § 903(a)(4) of this title it is an affirmative defense that the accused had the intention and ability to meet all obligations to the issuer arising out of the use of the card.
11 Del. C. § 465 — Delaware Code / Title 11 / Chapter 4 / Section 465
§ Â
        465. Justification â Use of force for the protection of other persons.
Status: in_force

(a) The use of force upon or toward the person of another is justifiable to protect a third person when:

(1) The defendant would have been justified under § 464 of this title in using such force to protect the defendant against the injury the defendant reasonably believes to be threatened to the person whom the defendant seeks to protect; and

(2) Under the circumstances as the defendant reasonably believes them to be, the person whom the defendant seeks to protect would have been justified in using such protective force; and

(3) The defendant reasonably believes that intervention is necessary for the protection of the other person.

(b) Although the defendant would have been obliged under § 464 of this title to retreat, to surrender the possession of a thing or to comply with a demand before using force in self-protection, there is no obligation to do so before using force for the protection of another person, unless the defendant knows that the defendant can thereby secure the complete safety of the other person.

(c) When the person whom the defendant seeks to protect would have been obliged under § 464 of this title to retreat, to surrender the possession of a thing or to comply with a demand if the person knew that the person could obtain complete safety by so doing, the defendant is obliged to try to cause the person to do so before using force in the person’s protection if the actor knows that complete safety can be secured in that way.

(d) Neither the defendant nor the person whom the defendant seeks to protect is obliged to retreat when in the other’s dwelling or place of work to any greater extent than in their own.
11 Del. C. § 1105 — Delaware Code / Title 11 / Chapter 5 / Subchapter V / Section 1105
§ Â
        1105. Crime against a vulnerable adult.
Status: in_force

(a) Any person who commits, or attempts to commit, any of the crimes or offenses set forth in subsection (f) of this section against a person who is a vulnerable adult is guilty of a crime against a vulnerable adult.

(b) A crime against a vulnerable adult shall be punished as follows:

(1) If the underlying offense is an unclassified misdemeanor, or a class B misdemeanor, the crime against a vulnerable adult shall be a class A misdemeanor;

(2) If the underlying offense is a class A misdemeanor, the crime against a vulnerable adult shall be a class G felony;

(3) If the underlying offense is a class D, E, F, or G felony, the crime against a vulnerable adult shall be 1 class higher than the underlying offense.

(c) “Vulnerable adult” means a person 18 years of age or older who, by reason of isolation, sickness, debilitation, mental illness or physical, mental or cognitive disability, is easily susceptible to abuse, neglect, mistreatment, intimidation, manipulation, coercion or exploitation. Without limitation, the term “vulnerable adult” includes any adult for whom a guardian or the person or property has been appointed.

(d) Notwithstanding any provision of law to the contrary, it is no defense to an offense or sentencing provision set forth in this section that the accused did not know that the victim was a vulnerable adult or that the accused reasonably believed the person was not a vulnerable adult unless the statute defining the underlying offense, or a related statute, expressly provides that knowledge that the victim is a vulnerable adult is a defense.

(e) No person shall be sentenced for both an underlying offense and a crime against a vulnerable adult. No person shall be sentenced for a violation of subsection (a) of this section if the underlying offense, as charged against the accused, has an element that the victim was 62 years of age or older or was an “adult who is impaired” as defined in § 3902 of Title 31.

(f) The following shall be underlying offenses for the purposes of this section: