11 Del. C. § 1309 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1309
§ Â
        1309. Deprivation of civil rights; class A misdemeanor; class B and D felony.
Status: in_force

(a) Whoever, under color of any law, statute, ordinance, regulation, or custom, knowingly subjects any person or group to the deprivation of any rights, privileges, or immunities secured or protected by the United States Constitution, the Delaware Constitution, or the laws of the State of Delaware, shall be guilty of a class A misdemeanor.

(b) If physical injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous instrument, explosives, or fire, the defendant shall be guilty of a class D felony.

(c) If serious physical injury or death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, a felony sex offense or an attempt to commit a felony sex offense, or an attempt to kill, the defendant shall be guilty of a class B felony.

(d) The Superior Court shall have exclusive jurisdiction over violations of this section.
11 Del. C. § 914 — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 914
§ Â
        914. Use of consumer identification information.
Status: in_force

(a) Except as provided in subsection (b) of this section, as a condition of accepting a payment card as payment for consumer credit, goods, realty, or services, a person may not write down or request to be written down the address and/or telephone number of the payment card holder on the payment card transaction form.

(b) A person may record the address or telephone number of a payment card holder if the information is necessary for:

(1) The shipping, delivery or installation of consumer goods; or

(2) Special orders of consumer goods or services.

(c) Violation of this section is an unclassified misdemeanor.
11 Del. C. § 1340 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1340
§ Â
        1340. Desecration of burial place [Transferred].
Status: in_force

Transferred to § 1305 of this title by 83 Del. Laws, c. 477, § 5, effective Oct. 21, 2022.
11 Del. C. § 8582A — Delaware Code / Title 11 / Chapter 85 / Subchapter VII-A / Section 8582A
§ Â
        8582A. Activation of the Green Alert Program.
Status: in_force

(a) (1) If an investigating law-enforcement agency receives notice that an individual is a missing member of the armed forces, the agency shall solicit information from the family or legal guardian of the missing member of the armed forces to provide information regarding the physical or mental condition of the missing member of the armed forces.

(2) If the investigating law-enforcement agency verifies that the individual is a missing member of the armed forces, the investigating law-enforcement agency shall enter the descriptive information of the missing member of the armed forces into the Delaware Criminal Justice Information System and the National Crime Information Center system.

(3) The investigating law-enforcement agency shall notify the Delaware Information Analysis Center that of the missing member of the armed forces. The Delaware Information Analysis Center shall make all the necessary notifications and assist the investigating law-enforcement agency.

(b) (1) If an investigating law-enforcement agency verifies that an individual is a missing member of the armed forces, the investigating law-enforcement agency shall send an alert to designated media outlets for this State.

(2) The alert must include all appropriate information that may assist in the safe return of the missing member of the armed forces, along with a statement instructing anyone with information relating to the missing member of the armed forces to contact the investigating law-enforcement agency or another law-enforcement agency.

(3) If an investigating law-enforcement agency verifies that an individual is a missing member of the armed forces, the investigating law-enforcement agency shall contact the Department of Transportation. The Department of Transportation shall display on its variable message signs appropriate information that may assist in the safe return of the missing member of the armed forces.
11 Del. C. § 5307 — Delaware Code / Title 11 / Chapter 53 / Section 5307
§ Â
        5307. Legal counsel for public officers and employees.
Status: in_force

Any public officer or employee, in any criminal action against such officer or employee arising from the officer’s or employee’s state employment, shall be entitled to petition the Court for a Court-appointed attorney to represent the officer’s or employee’s interests in the matter. If the Judge, after consideration of the petition, examination of the petitioner and receipt of such further evidence as the Judge may require, determines that the petition has merit, the Judge shall appoint an attorney to represent the interests of such public officer or employee. The Court-appointed attorney shall represent such person at all stages, trial and appellate, until the final determination of the matter, unless the attorney is earlier released by such person or by the Court. In any action where the Court-appointed attorney has been appointed in the Court of Common Pleas, such attorney shall remain the Court-appointed attorney of said public official or employee even when the case is transferred for any reason to another court of this State. This section shall also apply to all federal courts within this State.
11 Del. C. § 1211 — Delaware Code / Title 11 / Chapter 5 / Subchapter VI / Section 1211
§ Â
        1211. Official misconduct; class A misdemeanor, class G, F, D, B felony.
Status: in_force

(a) A public servant is guilty of official misconduct when, intending to obtain a personal benefit or to cause harm to another person, the public servant knowingly does any of the following:

(1) Commits an act constituting an unauthorized exercise of official functions, knowing that the act is unauthorized.

(2) Refrains from performing a duty or breaches a duty which is imposed by law or is clearly inherent in the nature of the office.

(3) Performs official functions in a way intended to benefit the public servant’s own property or financial interests under circumstances in which the public servant’s actions would not have been reasonably justified in consideration of the factors which ought to have been taken into account in performing official functions.

(4) Performs official functions in a way intended to practice discrimination on the basis of race, religion, color, disability, sexual orientation, sex, age, gender identity, national origin, or ancestry.

(5) Uses or relies on the public servant’s position of trust or authority to engage in criminal conduct.

(b) Official misconduct is punished as follows:

(1) For a violation of paragraph (a)(1) or (a)(2) of this section, a class A misdemeanor.

(2) For a violation of paragraph (a)(3), (a)(4), or (a)(5) of this section, a class G felony.

(3) A sentence is enhanced for a violation of paragraphs (a)(1) through (a)(5) of this section as follows:

a. A class F felony, if the value of the personal benefit received, or the harm caused, is $1,500 or more, but less than $50,000.

b. A class D felony, if the value of the personal benefit received, or the harm caused, is $50,000 or more, but less than $100,000.

c. A class B felony, if the value of the personal benefit received, or the harm caused, is $100,000 or more.

d. A class F felony, if the harm caused is physical injury, or the public servant engages in conduct constituting an offense that is punishable as an unclassified misdemeanor, a class B misdemeanor, or a class A misdemeanor.

e. A class D felony, if the harm caused is serious physical injury, or the public servant engages in conduct constituting an offense that is punishable as a class G felony, a class F felony, or a class E felony.

f. One grade higher than the underlying offense, if the public servant engages in conduct constituting an offense that is punishable as a class D felony or a class C felony.

g. A class A felony, if the public servant engages in conduct constituting an offense that is punishable as a class B felony or a class A felony, or if the harm caused is death.

(c) The Superior Court has exclusive jurisdiction over a violation of this section.
11 Del. C. § 8806 — Delaware Code / Title 11 / Chapter 88 / Section 8806
§ Â
        8806. Powers and duties of the Board.
Status: in_force

The Board shall have the power and duty to appoint an Executive Secretary who shall be responsible for determining the eligibility for retirement pension benefits under this chapter.
11 Del. C. § 1428 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1428
§ Â
        1428. Maintaining an obstruction; class A misdemeanor; a violation.
Status: in_force

A person is guilty of maintaining an obstruction when, being the owner or occupant of a building or other place from which an obstruction has been removed as provided in §§ 1421-1427 of this title, the person again erects or permits the erection of an obstruction.

Maintaining an obstruction is a violation unless the accused has been convicted of the same offense within the previous 2 years, in which case it is a class A misdemeanor. The section does not limit the power of the State to seek the removal of the obstruction as provided in §§ 1421-1427 of this title.
11 Del. C. § 8584 — Delaware Code / Title 11 / Chapter 85 / Subchapter VIII / Section 8584
§ Â
        8584. Definitions.
Status: in_force

(a) “ACIM Alert Program” means the “A Child Is Missing Alert Program,” a national rapid-response communication network that offers free assistance to law-enforcement agencies to aid in the recovery, identity, or apprehension of missing persons through the use of immediate public notification and dissemination of information via telephone in a targeted community.

(b) “Gold Alert Program” means the program established in subchapter VII of this chapter to aid in the identification and location of certain missing persons.

(c) “Investigating law-enforcement agency” means the law-enforcement agency that has primary jurisdiction over the area in which a law-enforcement officer has been injured or killed.

(d) “Law-enforcement agency” means a government agency or any subunit thereof which performs the administration of criminal justice pursuant to statute or executive order, and which allocates a substantial part of its annual budget to the administration of criminal justice. For the purposes of this subchapter, such agencies shall include, but are not limited to, the following:

(1) The Delaware State Police;

(2) All law-enforcement agencies and police departments of any political subdivision of this State;

(3) The Department of Correction; and

(4) The Department of Justice.

(e) “Law-enforcement officer” includes police officers, the Attorney General and the Attorney General’s deputies, sheriffs and their regular deputies, agents of the State Division of Alcohol and Tobacco Enforcement, correctional officers, state fire marshals, municipal fire marshals that are graduates of a Delaware Police Academy which is accredited/authorized by the Police Officer Standards and Training Commission, sworn members of the City of Wilmington Fire Department who have graduated from a Delaware Police Academy which is authorized/accredited by the Police Officer Standards and Training Commission, environmental protection officers, enforcement agents of the Department of Natural Resources and Environmental Control, and constables. For purposes of this subchapter, “law-enforcement officer” also includes an employee of a federal governmental agency who is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and who has statutory powers of arrest. For purposes of this subchapter, sheriffs and their regular deputies shall not have any arrest authority.
11 Del. C. § 8821A — Delaware Code / Title 11 / Chapter 88 / Section 8821A
§ Â
        8821A. Amount of ordinary service or disability pensions [For application of this section, see 79 Del. Laws, c. 315, Ââ10].
Status: in_force

(a) Notwithstanding provisions of this chapter to the contrary, an employee may elect to have his or her service or disability pension computed under this chapter reduced by 2% thereby providing a survivor’s pension equal to 2/3 of such reduced amount to the employee’s eligible survivor or survivors at the time of the employee’s death. This election must be made in a form approved by the Board, filed prior to the issuance of the employee’s first benefit check and shall be irrevocable.

(b) Notwithstanding provisions of this chapter to the contrary, an employee may elect to have his or her service or disability pension computed under this chapter reduced by 3% thereby providing a survivor’s pension equal to 75% of such reduced amount to the employee’s eligible survivor or survivors at the time of the employee’s death. This election must be made in a form approved by the Board, filed prior to the issuance of the employee’s first benefit check and shall be irrevocable.

(c) Notwithstanding provisions of this chapter to the contrary, a member may elect to have his or her service or disability pension computed under this chapter reduced by 6% thereby providing a survivor’s pension equal to 100% of such reduced amount to the employee’s eligible survivor or survivors at the time of the employee’s death. This election must be made in a form approved by the Board, filed prior to the issuance of the employee’s first benefit check and shall be irrevocable.
11 Del. C. § 1362 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1362
§ Â
        1362. Obscenity; defenses.
Status: in_force

In any prosecution for obscenity it is an affirmative defense that dissemination was restricted to:

(1) Institutions or persons having scientific, educational, governmental or other similar justification for possessing obscene material; or

(2) Noncommercial dissemination to personal associates of the accused who are known by the accused not to object to the receipt of such material.
11 Del. C. § 1448 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1448
§ Â
        1448. Possession and purchase of deadly weapons by persons prohibited; penalties.
Status: repealed

(a) Except as otherwise provided in this section, the following persons are prohibited from purchasing, owning, possessing, or controlling a deadly weapon or ammunition for a firearm within the State:

(1) Any person who has been convicted in this State or other jurisdiction of a felony or a crime of violence involving physical injury to another person, whether or not armed with or while possessing any weapon during the commission of the felony or crime of violence.

(2) Any person who meets any of the following:

a. Has been involuntarily committed for a mental condition under Chapter 50 of Title 16, unless the person can demonstrate that the person is no longer prohibited from possessing a firearm or projectile weapon under § 1448A(l) of this title.

b. For a crime of violence, has been found not guilty by reason of insanity or guilty but mentally ill, including any juvenile who has been found not guilty by reason of insanity or guilty but mentally ill, unless such person can demonstrate that such person is no longer prohibited from possessing a firearm or projectile weapon under § 1448A(l) of this title.

c. For a crime of violence, has been found mentally incompetent to stand trial, including any juvenile who has been found mentally incompetent to stand trial, unless there has been a subsequent finding that the person has become competent, or unless such person can demonstrate that such person is no longer prohibited from possessing a firearm or projectile weapon under § 1448A(l) of this title.

d. Is the subject of an order of relinquishment issued under § 1448C of this title.

(3) Any person who has been convicted for the unlawful use, possession or sale of a narcotic, dangerous drug or central nervous system depressant or stimulant as those terms were defined prior to the effective date of the Uniform Controlled Substances Act in June 1973 or of a narcotic drug or controlled substance as defined in Chapter 47 of Title 16.

(4) Any person who, as a juvenile, has been adjudicated as delinquent for conduct which, if committed by an adult, would constitute a felony, until that person reaches the age of 25.

(5) Any person under the age of 21.

a. This paragraph (a)(5) shall not apply to the purchase, owning, possession, or control of the following deadly weapons:

1. A shotgun as defined in § 1444(c) of this title or ammunition for a shotgun.

2. A muzzle-loading rifle as defined in § 704(f) of Title 7.

3. Deadly weapons, including projectile weapons other than firearms if the person is 18 years of age or older.

b. This paragraph (a)(5) shall not apply to any of the following persons 18 years of age or older:

1. An active member of the Armed Forces of the United States or the National Guard.

2. A qualified law-enforcement officer as defined in § 1441A of this title.

3. A person who has license to carry a concealed deadly weapon pursuant to § 1441 of this title.

c. This paragraph (a)(5) shall not apply to any person under the age of 21 who does any of the following:

1. Possesses or controls a firearm or a projectile weapon for the purpose of engaging in lawful hunting, instruction, sporting, or recreational activity while under the direct supervision of a person 21 years of age or older.

2. Possesses or controls a firearm for the purpose of engaging in lawful hunting and is in compliance with § 704(g) of Title 7.

3. Possesses or controls a firearm or projectile weapon for the purpose of transporting the firearm or projectile weapon to the location of a lawful hunting, instruction, sporting, or recreational activity, for which the person is authorized to possess or control the firearm or projectile weapon under paragraph (a)(5)c.1. of this section.

d. It is not a violation of this paragraph (a)(5) if a person under the age of 21 possesses or uses a firearm or projectile weapon during the use of force upon or towards another person if such use of force is justifiable pursuant to § 464, § 465, § 466, or § 469 of this title.

e. [Repealed.]

(6) Any person who knows that the person is subject to a Family Court protection from abuse order, but only for so long as the order remains in effect, except that this paragraph shall not apply to a contested order issued solely upon § 1041(1)d., e., or i. of Title 10, or any combination thereof.

(7) Any person who has been convicted in any court of any misdemeanor crime of domestic violence. For purposes of this paragraph, the term “misdemeanor crime of domestic violence” means any misdemeanor offense that:

a. Was committed by a member of the victim’s family, as “family” is defined in § 901 of Title 10 (regardless, however, of the state of residence of the parties); by a former spouse of the victim; by a person who cohabited with the victim at the time of or within 3 years prior to the offense; by a person with a child in common with the victim; or by a person with whom the victim had a substantive dating relationship, as defined in § 1041 of Title 10, at the time of or within 3 years prior to the offense,

b. Is an offense as defined under § 601, § 602, § 603, § 611, § 614, § 621, § 625, § 628A, § 763, § 765, § 766, § 767, § 781, § 785 or § 791 of this title, or any similar offense when committed or prosecuted in another jurisdiction.

(8) Any person who, knowing that such person is the defendant or co-defendant in any criminal case in which that person is alleged to have committed any felony under the laws of this State, the United States or any other state or territory of the United States, becomes a fugitive from justice by failing to appear for any scheduled court proceeding pertaining to such felony for which proper notice was provided or attempted. It is no defense to a prosecution under this paragraph that the person did not receive notice of the scheduled court proceeding.

(9) Any person, if the deadly weapon is a semi-automatic or automatic firearm, or a handgun, who, at the same time, possesses a controlled substance in violation of § 4763 of Title 16.

(10) Except for “antique firearms” any validly seized deadly weapons or ammunition from a person prohibited as a result of a felony conviction under Delaware law, federal law or the laws of any other state, or as otherwise prohibited under this subsection (a) of this section may be disposed of by the law enforcement agency holding the weapon or ammunition, pursuant to § 2311 of this title.

a. “Antique firearm” means any firearm not designed or redesigned for using rim fire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898 and also any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily restored to a firing condition.

b. A person prohibited under this section has the burden of proving that the subject firearm is an antique firearm as defined in paragraph (a)(10)a. of this section subject to an exemption under this section and § 2311 of this title.

(11) Any person who is subject to a lethal violence protective order, issued under § 7704 of Title 10, but only for so long as that order remains in effect or is not vacated or otherwise terminated under Chapter 77 of Title 10.

(12) Any person who knows that the person is the subject of an outstanding arrest warrant, or post-arrest charges or an active indictment or information, for any felony under the laws of this State, the United States, or any other state or territory of the United States, or for a misdemeanor crime of domestic violence under paragraph (a)(7) of this section, is prohibited from purchasing a firearm or projectile weapon.

(b) Any prohibited person as set forth in subsection (a) of this section who knowingly possesses, purchases, owns or controls a deadly weapon or ammunition for a firearm while so prohibited shall be guilty of possession of a deadly weapon or ammunition for a firearm by a person prohibited.

(c) Possession of a deadly weapon by a person prohibited is a class F felony, unless said deadly weapon is a firearm or ammunition for a firearm, and the violation is one of paragraphs (a)(1)-(8) of this section, in which case it is a class D felony, or unless the person is eligible for sentencing pursuant to subsection (e) of this section, in which case it is a class C felony. As used herein, the word “ammunition” shall mean 1 or more rounds of fixed ammunition designed for use in and capable of being fired from a pistol, revolver, shotgun or rifle but shall not mean inert rounds or expended shells, hulls or casings.

(d) Any person who is a prohibited person solely as the result of a conviction for an offense which is not a felony shall not be prohibited from purchasing, owning, possessing or controlling a deadly weapon or ammunition for a firearm if 5 years have elapsed from the date of conviction.

(e) (1) Notwithstanding any provision of this section or Code to the contrary, any person who is a prohibited person as described in this section and who knowingly possesses, purchases, owns or controls a firearm, projectile weapon, or destructive weapon while so prohibited shall receive a minimum sentence of:

a. Three years at Level V, if the person has previously been convicted of a violent felony;

b. Five years at Level V, if the person does so within 10 years of the date of conviction for any violent felony or the date of termination of all periods of incarceration or confinement imposed pursuant to said conviction, whichever is the later date; or

c. Ten years at Level V, if the person has been convicted on 2 or more separate occasions of any violent felony.

(2) Any person who is a prohibited person as described in this section because of a conviction for a violent felony and who, while in possession or control of a firearm or projectile weapon in violation of this section, negligently causes serious physical injury to or the death of another person through the use of the firearm or projectile weapon shall be guilty of a class B felony and shall receive a minimum sentence of:

a. Four years at Level V; or

b. Six years at Level V, if the person causes such injury or death within 10 years of the date of conviction for any violent felony or the date of termination of all periods of incarceration or confinement imposed pursuant to said conviction, whichever is the later date; or

c. Ten years at Level V, if the person has been convicted on 2 or more separate occasions of any violent felony.

d. Nothing in this paragraph shall be deemed to be a related or included offense of any other provision of this Code. Nothing in this paragraph shall be deemed to preclude prosecution or sentencing under any other provision of this Code nor shall this paragraph be deemed to repeal any other provision of this Code.

(3) Any sentence imposed pursuant to this subsection shall not be subject to the provisions of § 4215 of this title. For the purposes of this subsection, “violent felony” means any felony so designated by § 4201(c) of this title, or any offense set forth under the laws of the United States, any other state or any territory of the United States which is the same as or equivalent to any of the offenses designated as a violent felony by § 4201(c) of this title.

(4) Any sentence imposed for a violation of this subsection shall not be subject to suspension and no person convicted for a violation of this subsection shall be eligible for good time, parole or probation during the period of the sentence imposed.

(f) (1) Upon conviction, any person who is a prohibited person as described in paragraph (a)(5) of this section and who is 15 years of age or older, but not yet 18 years of age, is declared a child in need of mandated institutional treatment and shall, for a first offense, receive a minimum sentence of 6 months of Level V incarceration or institutional confinement, and shall receive a minimum sentence of 1 year of Level V incarceration or institutional confinement for a second and each subsequent offense, which shall not be subject to suspension. Any sentence imposed pursuant to this subsection shall not be subject to §§ 4205(b) and 4215 of this title.

(2) The penalties prescribed by this subsection and subsection (g) of this section shall be imposed regardless of whether or not the juvenile is determined to be amenable to the rehabilitative process of the Family Court pursuant to § 1010(c) of Title 10 or any successor statute.

(g) In addition to the penalties set forth in subsection (f) of this section, a person who is a prohibited person as described in paragraph (a)(5) of this section and who is 14 years of age or older, but not yet 18 years of age, shall, upon conviction of a first offense, be required to view a film or slide presentation depicting the damage and destruction inflicted upon the human body by a projectile fired from a firearm or projectile weapon, and shall be required to meet with, separately or as part of a group, a victim of a violent crime, or with the family of a deceased victim of a violent crime. The Division of Youth Rehabilitative Service, with the cooperation of the Division of Forensic Science and the Victims’ Compensation Assistance Program, shall be responsible for the implementation of this subsection.
11 Del. C. § 8844 — Delaware Code / Title 11 / Chapter 88 / Section 8844
§ Â
        8844. Employer pickup of member contributions.
Status: in_force

(a) Each participating employer, pursuant to the provisions of § 414(h)(2) of the United States Internal Revenue Code [26 U.S.C. § 414(h)(2)], shall pick up and pay the contributions which would otherwise be payable by the members under § 8841 of this title. The contributions so picked up shall be treated as employer contributions for purposes of determining the amounts of federal income taxes to withhold from the member’s compensation.

(b) Member contributions picked up by the employer shall be paid from the same source of funds used for the payment of compensation to a member. A deduction shall be made from each member’s compensation equal to the amount of the member’s contributions picked up by the employer. This deduction, however, shall not reduce the member’s compensation for purposes of computing benefits under the retirement system pursuant to this chapter.

(c) Member contributions shall be credited to a separate account within the member’s individual account so that the amount contributed prior to the effective date for the pickup of member contributions may be distinguished from the amounts contributed on or after the effective date.

(d) The contributions, although designated as employee contributions, are being paid by the employer in lieu of the contributions by the employee. The employee will not be given the option of choosing to receive the contributed amounts directly instead of having them paid by the employer to the retirement system.
11 Del. C. § 8308 — Delaware Code / Title 11 / Chapter 83 / Subchapter I / Section 8308
§ Â
        8308. Crime Reduction Fund.
Status: in_force

(a) The Superintendent of the State Police is authorized to administer a fund to be known as the “Crime Reduction Fund.”

(b) Expenses for the administration of this Fund shall be paid by the State Treasurer out of funds of the General Fund, not otherwise appropriated, not to exceed $10,000 in any fiscal year.
11 Del. C. § 4208 — Delaware Code / Title 11 / Chapter 42 / Section 4208
§ Â
        4208. Fines for organizations.
Status: in_force

A sentence to pay a fine, when imposed on an organization, shall be the amount specified in the law setting forth the offense if a penalty is specified in that law, or, if there is no specific penalty defined in the law setting forth the offense, a sentence to pay a fine when imposed on an organization shall be as follows:

(1) For a felony or a misdemeanor resulting in death or serious physical injury, such fine as the court deems reasonable and appropriate;

(2) For a felony that does not result in death or serious physical injury, not more than $500,000;

(3) For a class A misdemeanor that results in physical injury, not more than $250,000;

(4) For a class A misdemeanor that does not result in physical injury, not more than $100,000;

(5) For a class B misdemeanor, class C or unclassified misdemeanor that results in physical injury, not more than $75,000;

(6) For a class B misdemeanor, class C or unclassified misdemeanor that does not result in physical injury, not more than $50,000; or

(7) For a violation, not more than $10,000.

If the defendant derives pecuniary gain from the offense, or if the offense results in pecuniary loss or damage to a person or organization other than the defendant, the defendant may be fined an amount equal to 3 times the amount of the pecuniary gain or 3 times the value of the pecuniary loss or damage incurred in lieu of the penalties set forth in paragraphs (1)-(7) of this section.
11 Del. C. § 1701 — Delaware Code / Title 11 / Chapter 17 / Section 1701
§ Â
        1701. Benefit of clergy.
Status: in_force

The benefit of clergy shall not exist within this State.
11 Del. C. § 2529 — Delaware Code / Title 11 / Chapter 25 / Subchapter I / Section 2529
§ Â
        2529. Construction.
Status: in_force

The provisions of this subchapter shall be so interpreted and construed as to effectuate its general purposes to make uniform the law of those states which enact it.
11 Del. C. § 921 — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 921
§ Â
        921. Sale of transferred recorded sounds; class A misdemeanor.
Status: in_force

(a) No person shall knowingly, or with reasonable grounds to know, advertise or offer for sale or resale, or sell or resell, distribute or possess for such purposes, any article that has been produced in violation of § 920 of this title.

(b) Violation of this section shall constitute a class A misdemeanor.
11 Del. C. § 4394 — Delaware Code / Title 11 / Chapter 43 / Subchapter IX / Section 4394
§ Â
        4394. Requirements for continued participation.
Status: in_force

No person shall remain in the house arrest program if such person fails to meet any of the following conditions:

(1) Each participant shall perform whatever community service work is assigned by the court or by the Department;

(2) Each participant shall remain confined to the residence approved by the program, except for approved employment, public service work or other special activities approved by the program;

(3) Each participant shall make such regular restitution payments to each victim or victims of the crime as are determined by the court;

(4) Each participant shall have an approved, stable residence;

(5) Each participant shall have stable employment as defined by Department rules and regulations;

(6) Each participant shall remain in good standing as a condition of continued participation in the program;

(7) Each person in a house arrest program shall participate in all counselling activities and requirements, including such group programs and meetings as are directed by the court or by the Department;

(8) Each participant shall report to a designated officer as directed by the court or by the Department.
11 Del. C. § 3504 — Delaware Code / Title 11 / Chapter 35 / Subchapter I / Section 3504
§ Â
        3504. Proof of possession of property.
Status: in_force

In the prosecution of any offense committed upon, in relation to or in any way affecting any real estate, or personal property, chose in action or thing, it is sufficient if it is proved in the trial that, at the time when the offense was committed, either the actual or constructive possession, or the general or special property, in the whole, or any part thereof, was in the person or community, alleged in the indictment or information to be the owner thereof.
11 Del. C. § 2303 — Delaware Code / Title 11 / Chapter 23 / Subchapter I / Section 2303
§ Â
        2303. Search without warrant incident to arrest.
Status: in_force

A search of a person, house, building, conveyance, place or other thing may be made without a warrant if:

(1) The search is made incidental to and contemporaneous with a lawful arrest;

(2) The search is made in order to find and seize:

a. The fruits of a crime;

b. The means by which the crime was committed;

c. Weapons and other things to effect an escape from arrest or custody; and

d. Evidentiary matter pertaining to the commission of a crime.
11 Del. C. § 5132 — Delaware Code / Title 11 / Chapter 51 / Subchapter III / Section 5132
§ Â
        5132. Definitions.
Status: in_force

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

(1) “Child” shall mean a person who has not yet reached their eighteenth birthday.

(2) “Victim” or “witness” shall not include any child accused of committing a felony; provided, however, that the word “victim” or “witness” may, in the Court’s discretion, include:

a. A child where such child’s participation in a felony appears to have been induced, coerced or unwilling; or

b. A child who has participated in the felony, but who has subsequently and voluntarily agreed to testify on behalf of the State.
11 Del. C. § 635 — Delaware Code / Title 11 / Chapter 5 / Subchapter II / Section 635
§ Â
        635. Murder in the second degree; class A felony.
Status: in_force

A person is guilty of murder in the second degree when:

(1) The person recklessly causes the death of another person under circumstances which manifest a cruel, wicked and depraved indifference to human life; or

(2) While engaged in the commission of, or attempt to commit, or flight after committing or attempting to commit any felony, the person, with criminal negligence, causes the death of another person.

Murder in the second degree is a class A felony.
11 Del. C. § 9025 — Delaware Code / Title 11 / Chapter 90 / Section 9025
§ Â
        9025. Enactment.
Status: in_force

(a) To the extent that they may be under the administrative control of the Administrative Office of the Courts, as of July 1, 2009, the Executive Director and staff of the Violent Crime Compensation Board are transferred to the Department of Justice for budgetary and administrative purposes. Such employees shall be deemed to be employees of the Department of Justice with all benefits they may have accrued in the classified service as of July 1, 2009.

(b) The Advisory Council shall be established on July 1, 2009, and allow for the appointment of the 7 Advisory Council members by the Governor.

(c) The effective date for new process and procedures under the Victims’ Compensation Assistance Program shall be August 30, 2009.

(d) The effective date for all new and pending claims to be processed through the newly established Victims’ Compensation Assistance Program shall be August 30, 2009.
11 Del. C. § 4209 — Delaware Code / Title 11 / Chapter 42 / Section 4209
§ Â
        4209. Punishment for first-degree murder committed by adult offenders.
Status: repealed

(a) Punishment for first-degree murder. —

Any person who is convicted of first-degree murder for an offense that was committed after the person had reached the person’s eighteenth birthday shall be punished by imprisonment for the remainder of the person’s natural life without benefit of probation or parole or any other reduction.

(b)-(h) [Repealed.]
11 Del. C. § 2411 — Delaware Code / Title 11 / Chapter 24 / Subchapter I / Section 2411
§ Â
        2411. Hostage and barricade situations.
Status: in_force

(a) The Superintendent of the Delaware State Police or the commander of the law-enforcement agency of any political subdivision of this State may designate 1 or more law-enforcement officers as hostage and barricade communications specialists.

(b) Each communication common carrier providing service to Delaware residents shall designate 1 or more individuals to provide liaison with law-enforcement agencies for the purposes of this section.

(c) The supervising law-enforcement officer, who has jurisdiction in any situation in which there is probable cause to believe that a criminal enterprise involving hostage holding is occurring or that a person has barricaded himself or herself within a structure and poses an immediate threat of physical injury to others, may order a communication common carrier, or a communication common carrier’s employee, officer or director, or a hostage and barricade communications specialist to interrupt, reroute, divert or otherwise control any wire, oral or electronic communications service involved in the hostage or barricade situation for the purpose of preventing wire, oral or electronic communication by a hostage holder or barricaded person with any person other than a law-enforcement officer or a person authorized by the officer or for the purpose of otherwise monitoring communications in the hostage or barricade situation.

(d) A hostage and barricade communications specialist shall be ordered to act under subsection (c) of this section only if the communication common carrier providing service in the area has been contacted and requested to act under subsection (c) of this section and:

(1) Declines to respond to the officer’s request because of a threat of physical injury to its employees; or

(2) Indicates when contacted that it will be unable to respond appropriately to the officer’s request within a reasonable time from the receipt of the request.

(e) The supervising law-enforcement officer may give an order under subsection (c) of this section only after that supervising law-enforcement officer has given written or oral representation of the hostage or barricade situation to the communication common carrier providing service to the area in which it is occurring. If an order is given based on an oral representation, the oral representation shall be followed by a written confirmation of that representation within 48 hours of the order.

(f) Good faith reliance on an order by a supervising law-enforcement officer who has the real or apparent authority to issue an order under this section shall constitute a complete defense to any action against a communication common carrier or a communication common carrier’s employee, officer or director that arises out of attempts by the communication common carrier or the employee, officer or director of the communication common carrier to comply with such an order.

(g) For the purposes of this section, “supervising law-enforcement officer” means an officer having a rank equivalent to or greater than a lieutenant of any law-enforcement agency of the State or any political subdivision of the State.
11 Del. C. § 6565 — Delaware Code / Title 11 / Chapter 65 / Subchapter VIII / Section 6565
§ Â
        6565. Mandatory training of correctional officers; exceptions; appropriations.
Status: in_force

(a) All correctional officers of the Department shall be required to complete a basic training program as a condition of employment or continued employment.

(b) All correctional officers shall be required to complete advanced annual training after having completed the basic training program.

(c) The Department shall be responsible for administering the mandatory basic and advanced training programs for all correctional officers with responsibility and authority to obtain professional assistance from other sources to accomplish the purposes and objectives of the programs.

(d) There will be no exceptions granted to any correctional officer employed by the Department from the training provisions established by this section.

(e) The General Assembly shall appropriate each year to the Department of Correction such funds as are necessary for the purpose of carrying out this section.
11 Del. C. § 8551 — Delaware Code / Title 11 / Chapter 85 / Subchapter IV / Section 8551
§ Â
        8551. Establishment of Child Sex Abuse Information Repository.
Status: in_force

The Child Sex Abuse Information Repository is hereby created within the State Bureau of Identification. The Child Sex Abuse Information Repository is established as a central repository of child sex abuser information.
11 Del. C. § 622 — Delaware Code / Title 11 / Chapter 5 / Subchapter II / Section 622
§ Â
        622. Hoax device; class F felony.
Status: in_force

(a) Whoever possesses, transports, uses or places or causes another to knowingly or unknowingly possess, transport, use or place any hoax device with the intent to cause anxiety, unrest, fear or personal discomfort to any person or group of persons shall be guilty of a class F felony.

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

(1) “Destructive device” means any explosive, incendiary, or chemical material or over-pressure device which will rapidly expand in a manner to project material outward at such a rate to cause injury to persons or damage to property.

(2) “Explosive” means any chemical compound, or other substance or containing oxidizing and combustible units or other ingredients in such proportions or quantities that ignition, fire, friction, concussion, percussion, or detonator may produce an explosion capable of causing injury to persons or damage to property.

(3) “Hoax device” shall mean any object or item that would cause a person to reasonably believe that such object or item is or contains a destructive device, Molotov cocktail, incendiary device, or over-pressure device which could cause injury or death.

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

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

(6) “Over-pressure device” means a frangible container filled with an explosive gas, chemical or combination of materials, which is designed or constructed so as to cause the container to break or fracture in a manner which is capable of causing death, bodily harm, or property damage.
11 Del. C. § 1120 — Delaware Code / Title 11 / Chapter 5 / Subchapter V / Section 1120
§ Â
        1120. Distribution of tobacco products.
Status: in_force

(a) No person shall distribute a tobacco product for commercial purposes unless the product is in a sealed package provided by the manufacturer with the required health warning and tax stamp.

(b) No person shall distribute any pack of cigarettes containing fewer than 20 cigarettes.
11 Del. C. § 1331 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1331
§ Â
        1331. Desecration; class A misdemeanor [Transferred].
Status: in_force

Transferred to § 1305 of this title by 83 Del. Laws, c. 477, § 4, effective Oct. 21, 2022.
11 Del. C. § 820 — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 820
§ Â
        820. Trespassing with intent to peer or peep into a window or door of another; class B misdemeanor.
Status: in_force

A person is guilty of trespassing with intent to peer or peep into a window or door of another when the person knowingly enters upon the occupied property or premises of another utilized as a dwelling, with intent to peer or peep into the window or door of such property or premises and who, while on such property or premises, otherwise acts in a manner commonly referred to as “Peeping Tom.” Any person violating this section may be referred by the court to the Delaware Psychiatric Center for examination and for treatment. Justices of the peace shall have concurrent jurisdiction of violations of this section.

Trespassing with intent to peer or peep into a window or door of another is a class B misdemeanor.
11 Del. C. § 4215 — Delaware Code / Title 11 / Chapter 42 / Section 4215
§ Â
        4215. Sentence of greater punishment because of previous conviction.
Status: in_force

(a) If at the time of sentence, it appears to the court that the conviction of a defendant constitutes a second or other conviction making the defendant liable to a punishment greater than the maximum which may be imposed upon a person not so previously convicted, the court shall fully inform the defendant as to such previous conviction or convictions and shall call upon the defendant to admit or deny such previous conviction or convictions. If the defendant shall admit the previous conviction or convictions, the court may impose the greater punishment. If the defendant shall stand silent or if the defendant shall deny the prior conviction or convictions, the defendant shall be tried upon the issue of previous conviction; provided, however, that the foregoing procedure shall not apply in cases of fourth offenders liable to sentence of life imprisonment under § 4214 of this title.

(b) If, at any time after conviction and before sentence, it shall appear to the Attorney General or to the Superior Court that, by reason of such conviction and prior convictions, a defendant should be subjected to § 4214 of this title, the Attorney General shall file a motion to have the defendant declared an habitual criminal under § 4214 of this title. If it shall appear to the satisfaction of the Court at a hearing on the motion that the defendant falls within § 4214 of this title, the Court shall enter an order declaring the defendant an habitual criminal and shall impose sentence accordingly.
11 Del. C. § 8597 — Delaware Code / Title 11 / Chapter 85 / Subchapter XI / Section 8597
§ Â
        8597. Definitions.
Status: in_force

The following definitions shall apply for the purposes of this section only:

(1) “Attorney General” shall mean the Attorney General of the United States.

(2) “Compact officer” shall mean:

a. With respect to the federal government, an official so designated by the Director of the FBI; and

b. With respect to Delaware, the Director of the State Bureau of Identification or the Director’s designee.

(3) “Council” shall mean the Compact Council established under §  8599C of this title.

(4) “Criminal history records” shall mean:

a. Information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments or other formal criminal charges, and any disposition arising therefrom, including acquittal, sentencing, correctional supervision, or release; and

b. But does not include identification information such as fingerprint records if such information does not indicate involvement of the individual with the criminal justice system.

(5) “Criminal history repository” shall mean the Delaware State Bureau of Identification.

(6) “Criminal justice” shall mean:

a. Activities relating to the detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision or rehabilitation of accused persons or criminal offenders; and

b. Criminal identification activities and the collection, storage and dissemination of criminal history records.

(7) “Criminal justice agency” shall mean:

a. Courts; and

b. A governmental agency or any subunit thereof that:

1. Performs the administration of criminal justice pursuant to a statute or executive order; and

2. Allocates a substantial part of its annual budget to the administration of criminal justice; and

c. Federal and state inspectors general offices.

(8) “Criminal justice services” shall mean services provided by the FBI to criminal justice agencies in response to a request for information about a particular individual or as an update to information previously provided for criminal justice purposes.

(9) “Criterion offense” shall mean any felony or misdemeanor offense not included on the list of nonserious offenses published periodically by the FBI.

(10) “Direct access” shall mean access to the National Identification Index by computer terminal or other automated means not requiring the assistance of or intervention by any other party or agency.

(11) “Executive order” shall mean an order of the President of the United States or the Governor of the State of Delaware that has the force of law and that is promulgated in accordance with applicable law.

(12) “FBI” shall mean the Federal Bureau of Investigation.

(13) “Interstate Identification System” or “III System” shall mean:

a. The cooperative federal-state system for the exchange of criminal history records; and

b. The National Identification Index, the National Fingerprint File and, to the extent of their participation in such system, the criminal history record repositories of the states and the FBI.

(14) “National Fingerprint File” shall mean a database of fingerprints, or other uniquely personal identifying information, relating to an arrested or charged individual maintained by the FBI to provide positive identification of record subjects indexed in the III System.

(15) “National Identification Index” shall mean an index maintained by the FBI consisting of names, identifying numbers, and other descriptive information relating to record subjects about whom there are criminal history records in the III System.

(16) “National indices” shall mean the National Identification Index and the National Fingerprint File.

(17) “Nonparty State” shall mean a state that has not ratified this Compact.

(18) “Noncriminal justice purposes” shall mean uses of criminal history records for purposes authorized by federal or state law other than purposes relating to criminal justice activities, including employment suitability, licensing determinations, immigration and naturalization matters, and national security clearances.

(19) “Party state” shall mean a state that has ratified this Compact.

(20) “Positive identification” shall mean:

a. A determination, based upon a comparison of fingerprints or other equally reliable biometric identification techniques, that the subject of a record search is the same person as the subject of a criminal history record or records indexed in the III System;

b. Identifications based solely upon a comparison of subjects’ names or other nonunique identification characteristics or numbers, or combinations thereof, shall not constitute positive identification.

(21) “Sealed record information” shall mean:

a. With respect to adults, that portion of a record that is:

1. Not available for criminal justice uses;

2. Not supported by fingerprints or other accepted means of positive identification; or

3. Subject to restrictions on dissemination for noncriminal justice purposes pursuant to a court order related to a particular subject or pursuant to a federal or state statute that requires action on a sealing petition filed by a particular record subject; and

b. With respect to juveniles, whatever each state determines is a sealed record under its own law and procedure.

(22) “State” shall mean any state, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.
11 Del. C. § 1339 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1339
§ Â
        1339. Adulteration; class G felony; class E felony; class A felony.
Status: in_force

(a) A person is guilty of adulteration when:

(1) The person adulterates any substance with the intent to cause death, physical injury or illness of a person;

(2) The person distributes, disseminates, gives, sells or otherwise transfers an adulterated substance with the intent to cause death, physical injury or illness of a person knowing or having reason to know that the substance has been adulterated as defined in subsection (b) of this section.

(b) “Adulteration” means the intentional adding of any substance, which has the capacity either acting alone or in conjunction with the other substance to cause death, physical injury or illness by ingestion, injection, inhalation or absorption, to another substance having a customary or reasonably foreseeable human use.

(c) Adulteration is a class G felony unless the adulteration actually causes physical injury or illness in which case it is a class E felony, or causes death in which case it is a class A felony.

(d) This offense is a separate and distinct offense and shall not limit or restrict prosecution for murder or any other criminal offense.
11 Del. C. § 937 — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 937
§ Â
        937. Unrequested or unauthorized electronic mail or use of network or software to cause same.
Status: in_force

A person is guilty of the computer crime of unrequested or unauthorized electronic mail:

(1) When that person, without authorization, intentionally or recklessly distributes any unsolicited bulk commercial electronic mail (commercial E-mail) to any receiving address or account under the control of any authorized user of a computer system. This section shall not apply to electronic mail that is sent between human beings, or when the individual has requested said information. This section shall not apply to the transmission of electronic mail from an organization to its members or where there is a preexisting business relationship. No Internet/interactive service provider shall be liable for merely transmitting an unsolicited, bulk commercial electronic mail message in its network. No Internet/interactive service provider shall be held liable for any action voluntarily taken in good faith to block the receipt or transmission through its service of any unsolicited, bulk electronic mail which it believes is, or will be, sent in violation to disconnect or terminate the service of any person that is in violation of this article; or

(2) When a person uses a computer or computer network without authority with the intent to: Falsify or forge electronic mail transmission information in any manner in connection with the transmission of unsolicited bulk electronic mail through or into the computer network of an electronic mail service provider or its subscribers; or

(3) When a person sells, gives or otherwise distributes or possesses with the intent to sell, give or distribute software which:

a. Is primarily designed or produced for the purpose of facilitating or enabling the falsification of electronic mail transmission information or other routing information;

b. Has only limited commercially significant purpose or use other than to facilitate or enable the falsification of electronic mail transmission information or other routing information; or

c. Is marketed by that person or another acting in concert with that person’s knowledge for use in facilitating or enabling the falsification of electronic mail transmission information or other routing information.

(4) For the purposes of this section, conduct occurring outside of the State shall be sufficient to constitute this offense if such conduct is within the terms of § 204 of this title, or if the receiving address or account was under the control of any authorized user of a computer system who was located in Delaware at the time the authorized user received the electronic mail or communication and the defendant was aware of circumstances which rendered the presence of such authorized user in Delaware a reasonable possibility.
11 Del. C. § 3918 — Delaware Code / Title 11 / Chapter 39 / Subchapter III / Section 3918
§ Â
        3918. Positive results; counseling; costs.
Status: in_force

(a) If the test indicates the presence of human immunodeficiency virus infection, the Division of Public Health shall provide counseling to the law-enforcement officer and the person charged with the criminal offense regarding human immunodeficiency virus disease, and referral for appropriate health care and support services.

(b) The cost of testing under this subchapter shall be paid by the person tested, unless the court has determined that person is indigent.
11 Del. C. § 8599A — Delaware Code / Title 11 / Chapter 85 / Subchapter XI / Section 8599A
§ Â
        8599A. Authorized record disclosures.
Status: in_force

(a) State criminal history record repositories. —

To the extent authorized by 5 U.S.C. §  552a (commonly known as the “Privacy Act of 1974”), the FBI shall provide on request criminal history records (excluding sealed records) to state criminal history record repositories for noncriminal justice purposes allowed by federal statute, federal executive order, or a state statute that has been approved by the Attorney General and that authorizes national indices checks.

(b) Criminal justice agencies and other governmental or nongovernmental agencies. —

The FBI, to the extent authorized by 5 U.S.C. §  552a (commonly known as the “Privacy Act of 1974”), and state criminal history record repositories shall provide criminal history records (excluding sealed records) to criminal justice agencies and other governmental or nongovernmental agencies for noncriminal justice purposes allowed by federal statute, federal executive order, or a state statute that has been approved by the Attorney General that authorizes national indices checks.

(c) Procedures. —

Any record obtained under this Compact may be used only for the official purposes for which the records was requested. Each compact officer shall establish procedures consistent with this Compact and with rules, procedures, and standards established by the Council under §  8599C of this title, which procedures shall protect the accuracy and privacy of the records, and shall:

(1) Ensure that records obtained under this Compact are used only by authorized officials for authorized purposes;

(2) Require that subsequent record checks are requested to obtain current information whenever a new need arises; and

(3) Ensure that record entries that may not legally be used for a particular noncriminal justice purpose are deleted from the response and, if no information authorized for release remains, an appropriate “no record” response is communicated to the requesting official.
11 Del. C. § 8826 — Delaware Code / Title 11 / Chapter 88 / Section 8826
§ Â
        8826. Application for benefits.
Status: in_force

(a) A service pension, disability pension, survivor’s pension, death benefit or withdrawal benefit shall be paid only upon the filing of an application in a form prescribed by the Board. A monthly benefit shall not be payable for any month earlier than the second month preceding the date on which the application for such benefit is filed.

(b) The Board may require any member, inactive member, retired member or eligible survivor to furnish such information as may be required for the determination of benefits under this chapter or to authorize the Board to procure such information. The Board may withhold payment of any pension under this chapter, whenever the determination of such pension is dependent upon such information and the member, inactive member, retired member or eligible survivor does not cooperate in the furnishing or procuring thereof.

(c) A service pension, disability pension, or survivor’s pension applied for under this act may be paid into a Miller Trust Bank account, pursuant to the creation of an irrevocable income assignment trust (“Miller Trust”), established on behalf of an eligible pensioner or survivor covered under this chapter who is a person with disabilities, so long as the Miller Trust is established consistent with the laws of the State of Delaware, the laws of the United States and in accordance with the rules and regulations of the local and federal agencies responsible for administering assistance programs for persons with disabilities.
11 Del. C. § 8610 — Delaware Code / Title 11 / Chapter 86 / Section 8610
§ Â
        8610. Access to Criminal Justice Information System; conditions.
Status: in_force

Access to the Criminal Justice Information System, including computerized criminal justice information, shall be available to a requesting party provided that the requesting party meets all of the following conditions:

(1) Offer written evidence that the public interest in dissemination or access outweighs the security and privacy interests of the person or persons upon whom access is sought, and that access is germane to the mission of the requesting party.

(2) Submit to an application procedure as established by the Board. The application procedure shall identify the specific information being sought.

(3) Have its application approved by the Board. The Board may approve an application in whole, in part, or as modified by the Board. The Board’s decision on an application requires a majority vote of the Board.

(4) Enter into an agency agreement as prescribed in § 8611 of this title, upon approval of the requesting party’s application by the Board.

(5) Bear all costs associated with CJIS access, once granted.
11 Del. C. § 1127 — Delaware Code / Title 11 / Chapter 5 / Subchapter V / Section 1127
§ Â
        1127. Preemption.
Status: in_force

The provisions of this subpart shall preempt and supersede any provisions of any municipal or county ordinance or regulation on the subject of this subpart enacted after June 30, 1996.
11 Del. C. § 611 — Delaware Code / Title 11 / Chapter 5 / Subchapter II / Section 611
§ Â
        611. Assault in the third degree; class A misdemeanor.
Status: in_force

A person is guilty of assault in the third degree when:

(1) The person intentionally or recklessly causes physical injury to another person; or

(2) With criminal negligence the person causes physical injury to another person by means of a deadly weapon or a dangerous instrument.

Assault in the third degree is a class A misdemeanor.
11 Del. C. § 4301 — Delaware Code / Title 11 / Chapter 43 / Subchapter I / Section 4301
§ Â
        4301. Purposes and construction.
Status: in_force

This chapter shall be construed to the end that the treatment of persons convicted of crime shall take into consideration their individual characteristics, circumstances, needs and potentialities as revealed by a case study, and that whenever it appears desirable in the light of the needs of public safety and their own welfare, such person shall be dealt with, at restricted liberty in the community, by a uniformly organized system of constructive rehabilitation, under probation or parole supervision instead of in a correctional institution.
11 Del. C. § 765 — Delaware Code / Title 11 / Chapter 5 / Subchapter II / Section 765
§ Â
        765. Indecent exposure in the first degree; class A misdemeanor.
Status: in_force

(a) A male is guilty of indecent exposure in the first degree if he exposes his genitals or buttocks to a person who is less than 16 years of age under circumstances in which he knows his conduct is likely to cause affront or alarm.

(b) A female is guilty of indecent exposure in the first degree if she exposes her genitals, breast or buttocks to a person who is less than 16 years of age under circumstances in which she knows her conduct is likely to cause affront or alarm.

Indecent exposure in the first degree is a class A misdemeanor.
11 Del. C. § 1469 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1469
§ Â
        1469. Large-capacity magazines prohibited; class E felony; class B misdemeanor; or civil violation.
Status: repealed

(a) Except as otherwise provided in subsections (c) through (e) of this section, it is unlawful for a person to manufacture, sell, offer for sale, purchase, receive, transfer, or possess a large-capacity magazine.

(b) (1) A violation of this section which is a first offense which only involves possession of a large capacity magazine is a civil penalty of $100.

(2) A second violation of this section which only involves possession of a large capacity magazine is a class B misdemeanor.

(3) All other violations of this section, including a subsequent offense involving only possession of a large capacity magazine are a class E felony.

(4) A large-capacity magazine is subject to forfeiture for a violation of this section.

(5) The Superior Court has exclusive jurisdiction over violations under subsections (b)(2) and (b)(3) of this section.

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

(1) Personnel of the United States government or a unit of that government who are acting within the scope of official business.

(2) Members of the armed forces of the United States or of the National Guard who are acting within the scope of official business.

(3) A law-enforcement officer.

(4) A qualified retired law-enforcement officer.

(5) An individual who holds a valid concealed carry permit issued by the Superior Court under § 1441 of this title.

(6) A licensed firearms dealer that sells a large-capacity magazine to another licensed firearms dealer or to an individual exempt under paragraphs (c)(1) through (5) of this section.

(7) A large-capacity magazine that a person has rendered permanently inoperable or has permanently modified to accept 17 rounds of ammunition or less.

(d) [Repealed.]

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

(1) A person who manufactures a large-capacity magazine, if the person manufactures the large-capacity magazine with the intent to sell the large-capacity magazine, or offer the large-capacity magazine for sale, to a person outside of this State.

(2) A person who ships or transports a large-capacity magazine for a person under paragraph (e)(1) of this section.
11 Del. C. § 6571 — Delaware Code / Title 11 / Chapter 65 / Subchapter IX / Section 6571
§ Â
        6571. Interstate Corrections Compact.
Status: in_force

The Interstate Corrections Compact is enacted into law and entered into by this State with any other states legally joining therein in the form substantially as follows:

INTERSTATE CORRECTIONS COMPACT

ARTICLE I Purpose and Policy

The party states, desiring by common action to fully utilize and improve their institutional facilities and provide adequate programs for the confinement, treatment and rehabilitation of various types of offenders, declare that it is the policy of each of the party states to provide such facilities and programs on a basis of cooperation with one another, thereby serving the best interests of such offenders and of society and effecting economies in capital expenditures and operational costs. The purpose of this compact is to provide for the mutual development and execution of such programs of cooperation for the confinement, treatment and rehabilitation of offenders with the most economical use of human and material resources.

ARTICLE II Definitions

As used in this compact, unless the context clearly requires otherwise:

(a) “State” means a state of the United States; the United States of America; a territory or possession of the United States; the District of Columbia; the Commonwealth of Puerto Rico.

(b) “Sending state” means a state party to this compact in which conviction or court commitment was had.

(c) “Receiving state” means a state party to this compact to which an inmate is sent for confinement other than a state in which conviction or court commitment was had.

(d) “Inmate” means a male or female offender who is committed, under sentence to or confined in a penal or correctional institution.

(e) “Institution” means any penal or correctional facility, including but not limited to a facility for persons with mental illness or serious mental disorders, in which inmates as defined in subsection (d) of this article above may lawfully be confined.

ARTICLE III Contracts

(a) Each party state may make one or more contracts with any one or more of the other party states for the confinement of inmates on behalf of a sending state in institutions situated within receiving states. Any such contract shall provide for:

1. Its duration.

2. Payments to be made to the receiving state by the sending state for inmate maintenance, extraordinary medical and dental expenses, and any participation in or receipt by inmates of rehabilitative or correctional services, facilities, programs or treatment not reasonably included as part of normal maintenance.

3. Participation in programs of inmate employment, if any; the disposition or crediting of any payments received by inmates on account thereof; and the crediting of proceeds from or disposal of any products resulting therefrom.

4. Delivery and retaking of inmates.

5. Such other matters as may be necessary and appropriate to fix the obligations, responsibilities and rights of the sending and receiving states.

(b) The terms and provisions of this compact shall be a part of any contract entered into by the authority of or pursuant thereto, and nothing in any such contract shall be inconsistent therewith.

ARTICLE IV Procedures and Rights

(a) Whenever the duly constituted authorities in a state party to this compact, and which has entered into a contract pursuant to Article III of this compact, shall decide that confinement in, or transfer of an inmate to, an institution within the territory of another party state is necessary or desirable in order to provide adequate quarters and care or an appropriate program of rehabilitation or treatment, said officials may direct that the confinement be within an institution within the territory of said other party state, receiving state to act in that regard solely as agent for the sending state.

(b) The appropriate officials of any state party to this compact shall have access, at all reasonable times, to any institution in which it has a contractual right to confine inmates for the purpose of inspecting the facilities thereof and visiting such of its inmates as may be confined in the institution.

(c) Inmates confined in an institution pursuant to the terms of this compact shall at all times be subject to the jurisdiction of the sending state and may at any time be removed therefrom for transfer to a prison or other institution within the sending state, for transfer to another institution in which the sending state may have a contractual or other right to confine inmates, for release on probation or parole, for discharge, or for any other purpose permitted by the laws of the sending state; provided that the sending state shall continue to be obligated to such payments as may be required pursuant to the terms of any contract entered into under the terms of Article III of this compact.

(d) Each receiving state shall provide regular reports to each sending state on the inmates of that sending state in institutions pursuant to this compact including a conduct record of each inmate and certify said record to the official designated by the sending state, in order that each inmate may have official review of his or her record in determining and altering the disposition of said inmate in accordance with the law which may obtain in the sending state and in order that the same may be a source of information for the sending state.

(e) All inmates who may be confined in an institution pursuant to the provisions of this compact shall be treated in a reasonable and humane manner and shall be treated equally with such similar inmates of the receiving state as may be confined in the same institution. The fact of confinement in a receiving state shall not deprive any inmate so confined of any legal rights which said inmate would have had if confined in an appropriate institution of the sending state.

(f) Any hearing or hearings to which an inmate confined pursuant to this compact may be entitled by the laws of the sending state may be had before the appropriate authorities of the sending state, or of the receiving state if authorized by the sending state. The receiving state shall provide adequate facilities for such hearings as may be conducted by the appropriate officials of a sending state. In the event such hearing or hearings are had before officials of the receiving state, the governing law shall be that of the sending state and a record of the hearing or hearings as prescribed by the sending state shall be made. Said record together with any recommendations of the hearing officials shall be transmitted forthwith to the official or officials before whom the hearing would have been had if it had taken place in the sending state. In any and all proceedings had pursuant to the provisions of this subdivision, the officials of the receiving state shall act solely as agents of the sending state and no final determination shall be made in any matter except by the appropriate officials of the sending state.

(g) Any inmate confined pursuant to this compact shall be released within the territory of the sending state unless the inmate, and the sending and receiving states, shall agree upon release in some other place. The sending state shall bear the cost of such return to its territory.

(h) Any inmate confined pursuant to the terms of this compact shall have any and all rights to participate in and derive any benefits or incur or be relieved of any obligations or have such obligations modified or his or her status changed on account of any action or proceeding in which he or she could have participated if confined in any appropriate institution of the sending state located within such state.

(i) The parent, guardian, trustee, or other person or persons entitled under the laws of the sending state to act for, advise, or otherwise function with respect to any inmate shall not be deprived of or restricted in his or her exercise of any power in respect of any inmate confined pursuant to the terms of this compact.

ARTICLE V Acts Not Reviewable in Receiving State; Extradition

(a) Any decision of the sending state in respect of any matter over which it retains jurisdiction pursuant to this compact shall be conclusive upon and not reviewable within the receiving state, but if at the time the sending state seeks to remove an inmate from an institution in the receiving state there is pending against the inmate within such state any criminal charge or if the inmate is formally accused of having committed within such state a criminal offense, the inmate shall not be returned without the consent of the receiving state until discharged from prosecution or other form of proceeding, imprisonment or detention for such offense. The duly accredited officers of the sending state shall be permitted to transport inmates pursuant to this compact through any and all states party to this compact without interference.

(b) An inmate who escapes from an institution in which he or she is confined pursuant to this compact shall be deemed a fugitive from the sending state and from the state in which the institution is situated. In the case of an escape to a jurisdiction other than the sending or receiving state, the responsibility for institution of extradition or rendition proceedings shall be that of the sending state, but nothing contained herein shall be construed to prevent or affect the activities of officers and agencies of any jurisdiction directed toward the apprehension and return of an escapee.

ARTICLE VI Federal Aid

Any state party to this compact may accept federal aid for use in connection with any institution or program, the use of which is or may be affected by this compact or any contract pursuant hereto and any inmate in a receiving state pursuant to this compact may participate in any such federally aided program or activity for which the sending and receiving states have made contractual provision, provided that if such program or activity is not part of the customary correctional regimen the express consent of the appropriate official of the sending state shall be required therefor.

ARTICLE VII Entry into Force

This compact shall enter into force and become effective and binding upon the states so acting when it has been enacted into law by any 2 states. Thereafter, this compact shall enter into force and become effective and binding as to any other of said states upon similar action by such state.

ARTICLE VIII Withdrawal and Termination

This compact shall continue in force and remain binding upon a party state until it shall have enacted a statute repealing the same and providing for the sending of formal written notice of withdrawal from the compact to the appropriate officials of all other party states. An actual withdrawal shall not take effect until 1 year after the notices provided in said statute have been sent. Such withdrawals shall not relieve the withdrawing state from its obligations assumed hereunder prior to the effective date of withdrawal. Before the effective date of withdrawal, a withdrawing state shall remove to its territory, at its own expense, such inmates as it may have confined pursuant to the provisions of this compact.

ARTICLE IX Other Arrangements Unaffected

Nothing contained in this compact shall be construed to abrogate or impair any agreement or other arrangement which a party state may have with a non-party state for the confinement, rehabilitation or treatment of inmates nor to repeal any other laws of a party state authorizing the making of cooperative institutional arrangements.

ARTICLE X Construction and Severability

The provisions of this compact shall be liberally construed and shall be severable. If any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
11 Del. C. § 1325 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1325
§ Â
        1325. Cruelty to animals; class A misdemeanor; class F felony.
Status: in_force

(a) For the purpose of this section, the following words and phrases shall include, but not be limited to, the meanings respectively ascribed to them as follows:

(1) “Abandonment” includes completely forsaking or deserting an animal originally under one’s custody without making reasonable arrangements for custody of that animal to be assumed by another person.

(2) “Animal” shall not include fish, crustacea or molluska.

(3) “Cruel” includes every act or omission to act whereby unnecessary or unjustifiable physical pain or suffering is caused or permitted.

(4) “Cruel mistreatment” includes any treatment whereby unnecessary or unjustifiable physical pain or suffering is caused or permitted.

(5) “Cruel neglect” includes neglect of an animal, which is under the care and control of the neglector, whereby pain or suffering is caused to the animal or abandonment of any domesticated animal by its owner or custodian. By way of example, cruel neglect shall also include allowing an animal to live in unsanitary conditions, such as keeping an animal where the animal’s own excrement is not removed from the animal’s living area and/or other living conditions which are injurious to the animal’s health.

(6) “Cruelty to animals” includes mistreatment of any animal or neglect of any animal under the care and control of the neglector, whereby unnecessary or unjustifiable physical pain or suffering is caused. By way of example, “cruelty to animals” includes the following: unjustifiable beating of an animal; overworking an animal; tormenting an animal; abandonment of an animal; tethering of any dog for 9 consecutive hours or more in any 24-hour period, except on any farm; tethering any dog for any amount of time if the dog is under 4 months of age or is a nursing mother while the offspring are present, except on any farm; and failure to feed properly or give proper shelter or veterinary care to an animal.

(7) “Custody” includes the responsibility for the welfare of an animal subject to one’s care and control whether one owns it or not. A person who provides sterilization or care to a free-roaming cat that lacks discernible owner identification is not deemed to have “custody,” “care,” or “control” of the cat for purposes of this section.

(8) “Farm” means any place that meets the 2017 USDA Federal Census of Agriculture definition of farm: “any place from which $1,000 or more of agricultural products were produced and sold, or normally would have been sold, during the census year”.

(9) “Person” includes any individual, partnership, corporation or association living and/or doing business in the State.

(10) “Proper feed” includes providing each animal with daily food and water of sufficient quality and quantity to prevent unnecessary or unjustifiable physical pain or suffering by the animal.

(11) “Proper shelter” includes providing each animal with adequate shelter from the weather elements as required to prevent unnecessary or unjustifiable physical pain or suffering by the animal.

(12) “Proper veterinary care” includes providing each animal with veterinary care sufficient to prevent unnecessary or unjustifiable physical pain or suffering by the animal.

(13) “Serious injury” shall include any injury to any animal which creates a substantial risk of death, or which causes prolonged impairment of health or prolonged loss or impairment of the function of any bodily organ.

(14) “Tethering” shall include fastening or restraining with a rope, chain, cord, or similar device creating a fixed radius; tethering does not include walking a dog on a leash, regardless of the dog’s age.

(b) A person is guilty of cruelty to animals when the person intentionally or recklessly:

(1) Subjects any animal to cruel mistreatment; or

(2) Subjects any animal in the person’s custody to cruel neglect; or

(3) Kills or injures any animal belonging to another person without legal privilege or consent of the owner; or

(4) Cruelly or unnecessarily kills or injures any animal. This section does not apply to the killing of any animal normally or commonly raised as food for human consumption, provided that such killing is not cruel. A person acts unnecessarily if the act is not required to terminate an animal’s suffering, to protect the life or property of the actor or another person or if other means of disposing of an animal exist which would not impair the health or well-being of that animal; or,

(5) Captures, detains, transports, removes or delivers any animal known to be a pet or owned or unowned companion animal, or any other animal of scientific, environmental, economic or cultural value, under false pretenses to any public or private animal shelter, veterinary clinic or other facility, or otherwise causes the same through acts of deception or misrepresentation of the circumstances and disposition of any such animal.

(6) Confines an animal unattended in a standing or parked motor vehicle in which the temperature is either so high or so low as to endanger the health or safety of the animal. A law-enforcement officer, animal welfare officer, or firefighter who has probable cause to believe that an animal is confined in a motor vehicle under conditions that are likely to cause suffering, injury, or death to the animal may use reasonable force to remove the animal left in the vehicle in violation of this provision. A person removing an animal under this section shall use reasonable means to contact the owner. If the person is unable to contact the owner, the person may take the animal to an animal shelter and must leave written notice bearing that person’s name and office, and the address of the location where the animal can be claimed. This provision shall not apply to the legal transportation of horses, cattle, swine, sheep, poultry, or other agricultural animals in motor vehicles designed to transport such animals. The owner of the vehicle from which the animal is rescued and the owner of the animal rescued are not liable for injuries suffered by the person rescuing the animal.

Paragraphs (b)(1), (2) and (4) of this section are inapplicable to accepted veterinary practices and activities carried on for scientific research.

Cruelty to animals is a class A misdemeanor, unless the person intentionally kills or causes serious injury to any animal in violation of paragraph (b)(4) of this section or unless the animal is killed or seriously injured as a result of any action prohibited by paragraph (b)(5) of this section, in which case it is a class F felony.

(c) Any person convicted of a misdemeanor violation of this section shall be prohibited from owning or possessing any animal for 5 years after said conviction, except for animals grown, raised or produced within the State for resale, or for sale of a product thereof, where the person has all necessary licenses for such sale or resale, and receives at least 25 percent of the person’s annual gross income from such sale or resale. Any person convicted of a second or subsequent misdemeanor violation of this section shall be prohibited from owning or possessing any animal for 5 years after said conviction without exception.

A violation of this subsection is subject to a fine in the amount of $1,000 in any court of competent jurisdiction and to forfeiture of any animal illegally owned in accordance with the provisions of §  3035F of Title 16.

(d) Any person convicted of a felony violation of this section shall be prohibited from owning or possessing any animal for 15 years after said conviction, except for animals grown, raised or produced within the State for resale, or for sale of a product thereof, where the person has all necessary licenses for such sale or resale, and receives at least 25 percent of the person’s annual gross income from such sale or resale. Any person convicted of a second or subsequent felony violation of this section shall be prohibited from owning or possessing any animal for 15 years after said conviction without exception.

A violation of this subsection is subject to a fine in the amount of $5,000 in any court of competent jurisdiction and to forfeiture of any animal illegally owned in accordance with the provisions of § 3035F of Title 16.

(e) Any trained and certified animal welfare officer of the Department of Health and Social Service’s Office of Animal Welfare or the Department of Agriculture may impound an animal owned or possessed in apparent violation of this section, consistent with § 3035F of Title 16.

(f) This section shall not apply to the lawful hunting or trapping of animals as provided by law.

(g) Notwithstanding any provision to the contrary, for a first offense misdemeanor violation of this section relating to animals left in motor vehicles or the tethering of dogs, a warning shall be issued.

(h) Exclusive jurisdiction of offenses under this section relating to animals left in motor vehicles or the tethering of dogs shall be in the Superior Court.
11 Del. C. § 2014 — Delaware Code / Title 11 / Chapter 20 / Subchapter I / Section 2014
§ Â
        2014. Rules relating to electronic recording.
Status: in_force

(a) The Police Officer Standards and Training Commission shall adopt rules to implement this subchapter, which each law-enforcement agency that is a governmental entity of this State shall enforce.

(b) The rules adopted under subsection (a) of this section must address all of the following topics:

(1) How an electronic recording of a custodial interrogation must be made.

(2) The collection and review of electronic recordings, or the absence thereof, by supervisors in each law-enforcement agency.

(3) The assignment of supervisory responsibilities and a chain of command to promote internal accountability.

(4) A process for explaining noncompliance with procedures and imposing administrative sanctions for a failure to comply that is not justified.

(5) A supervisory system expressly imposing on individuals in specific positions a duty to ensure adequate staffing, education, training, and material resources to implement this subchapter.

(6) A process for monitoring the chain of custody of an electronic recording.

(c) The rules adopted under paragraph (b)(1) of this section for video recording must contain standards for the angle, focus, and field of vision of a recording device, other than a body-worn camera, which reasonably promote accurate recording of a custodial interrogation at a place of detention and reliable assessment of its accuracy and completeness. In a place of detention, the recording device must be simultaneously focused on both the law-enforcement officer and the individual subject to the custodial interrogation.
11 Del. C. § 8587 — Delaware Code / Title 11 / Chapter 85 / Subchapter VIII / Section 8587
§ Â
        8587. Termination of a Blue Alert.
Status: in_force

(a) The investigating law-enforcement agency shall terminate the Blue Alert with respect to a particular suspect when the suspect is located or the incident is otherwise resolved, or when the investigating law-enforcement agency determines that the Blue Alert system is no longer an effective tool for locating and apprehending the suspect.

(b) The investigating law-enforcement agency shall notify other law-enforcement agencies, Delaware Criminal Justice Information System, National Crime Information Center, the Delaware Information Analysis Center, and other appropriate participants in the Blue Alert system, when a Blue Alert for a particular suspect has been terminated. The investigating law-enforcement agency shall also notify the designated media outlets when a Blue Alert for a particular suspect has been terminated.
11 Del. C. § 1263 — Delaware Code / Title 11 / Chapter 5 / Subchapter VI / Section 1263
§ Â
        1263. Tampering with a witness; class E felony.
Status: in_force

A person is guilty of tampering with a witness when:

(1) The person knowingly induces, influences or impedes any witness or victim by false statement, fraud or deceit, with intent to affect the testimony or availability of such witness; or

(2) The person intentionally causes physical injury to any party or witness or intentionally damages the property of any party or witness on account of past, present or future attendance at any court proceeding or official proceeding of this State or on account of past, present, or future testimony in any action pending therein; or

(3) The person knowingly intimidates a witness or victim under circumstances set forth in subchapter III of Chapter 35 of this title.

Tampering with a witness is a class E felony.
11 Del. C. § 9402 — Delaware Code / Title 11 / Chapter 94 / Subchapter I / Section 9402
§ Â
        9402. Compliance with chapter.
Status: in_force

(a) The Department of Justice shall enforce compliance with this chapter on behalf of victims, witnesses, and members of their families.

(1) Each law-enforcement agency shall designate a supervisor who shall receive, review, and promptly address complaints of noncompliance with this chapter.

(2) A complaint under paragraph (a)(1) of this section may be filed by the victim, witness, or by an individual on behalf of a victim or witness.

(3) a. At the conclusion of the investigation of a complaint under paragraph (a)(2) of this section, the law-enforcement agency shall send the complainant a written summary of the investigation that states whether or not the law-enforcement agency complied with this chapter.

b. If the law-enforcement agency finds that it complied with this chapter, the written summary under paragraph (a)(3)a. of this section must include information regarding how a complaint against the law-enforcement agency may be made to the Department of Justice.

(b) (1) The failure to comply with this chapter does not create a claim for damages against a government employee, official, or entity.

(2) In addition to the administrative remedy under subsection (a) of this section, the sole civil or criminal remedy available to a victim or witness for a law-enforcement agency’s failure to fulfill its responsibilities under this chapter is standing to file a writ of mandamus under § 564 of Title 10 to require compliance with those requirements.

(c) (1) The failure to provide a right, privilege, or notice to a victim or witness under this chapter does not affect the validity of an agreement between the State and the defendant or of an amendment, dismissal, plea, pretrial diversion, or other disposition of the case.

(2) A defendant or person accused or convicted of a crime against the victim does not have standing to object to any failure to comply with the requirements under this chapter.
11 Del. C. § 9003 — Delaware Code / Title 11 / Chapter 90 / Section 9003
§ Â
        9003. Advisory Council.
Status: in_force

(a) The Victims’ Compensation Assistance Program Advisory Council (“Council”) is comprised of the following members, or a designee selected by the member serving by virtue of position:

(1) The Attorney General.

(2) The Chairperson of the Victim’s Rights Task Force.

(3) The Chairperson of the Domestic Violence Task Force.

(4) The Child Advocate.

(5) Eight at-large members appointed by the Governor as follows:

a. One member from the medical profession.

b. Two members from the mental health profession.

c. One member who is employed by a police agency as a “victim services professional” as defined in § 9401 of this title.

d. Four members of the public, 1 member from each of the following:

1. City of Wilmington.

2. New Castle County, outside of the city limits of Wilmington.

3. Kent County.

4. Sussex County.

(6) The Executive Director of the Delaware Alliance Against Sexual Violence.

(b) (1) The term of Council members appointed under paragraph (a)(5) of this section is 3 years.

(2) Notwithstanding paragraph (b)(1) of this section, the term of an appointed member continues until that member’s successor is duly appointed.

(c) In case of a vacancy on the Council before the expiration of a member’s term under subsection (b) of this section, the Governor must appoint a successor within 30 days of the vacancy. A member appointed under this subsection serves for the remainder of the unexpired term.

(d) The Attorney General or the Attorney General’s designee serves as chair.

(e) (1) A quorum of the Council is a majority of its members.

(2) Official action by the Council, including making findings and recommendations, requires the approval of a quorum of the Council.

(3) The Council may adopt rules necessary for its operation.

(4) The chair of the Council may invite individuals with relevant expertise to participate in Council discussions.

(5) A member of the Council with the ability to designate another individual to attend a Council meeting must provide the designation in writing to the chair. An individual attending a meeting for a member as a designee has the same duties and rights as the member.

(6) The Council shall meet at the call of the chair but no less than 4 times a year.

(f) The Department of Justice is responsible for providing reasonable and necessary support staff and materials for the Council.
11 Del. C. § 2016 — Delaware Code / Title 11 / Chapter 20 / Subchapter I / Section 2016
§ Â
        2016. No right to electronic recording or transcript.
Status: in_force

(a) This subchapter does not create a right of an individual to require a custodial interrogation to be recorded electronically.

(b) This subchapter does not require preparation of a transcript of an electronic recording of a custodial interrogation.
11 Del. C. § 1327 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1327
§ Â
        1327. Maintaining a dangerous animal; class E felony; class F felony; class A misdemeanor.
Status: in_force

(a) A person is guilty of maintaining a dangerous animal when such person knowingly or recklessly owns, controls or has custody over any dangerous animal which causes death, serious physical injury or physical injury to another person or which causes death or serious injury to another animal.

(b) For the purposes of this section, “dangerous animal” means any dog or other animal which:

(1) Had been declared dangerous or potentially dangerous by the Justice of the Peace Court or by voluntary acceptance of the dog owner under subchapter V of Chapter 30F of Title 16;

(2) Had been trained for animal fighting, or that has been used primarily or occasionally for animal fighting;

(3) Had been intentionally trained so as to increase its viciousness, dangerousness or potential for unprovoked attacks upon human beings or other animals; or

(4) Has an individualized and known propensity, tendency or disposition, specific to the individual dog, for viciousness, dangerousness or unprovoked attacks upon human beings or other animals.

(c) No dog shall be considered dangerous or potentially dangerous solely because of the dog’s breed or perceived breed.

(d) Maintaining a dangerous animal shall be punished as follows:

(1) When a dangerous animal causes the death of a person, maintaining a dangerous animal is a class E felony;

(2) When a dangerous animal causes serious physical injury to a person, maintaining a dangerous animal is a class F felony;

(3) When a dangerous animal causes physical injury to a person or when a dangerous animal causes death or physical injury to another animal, maintaining a dangerous animal is a class A misdemeanor.

(e) This section shall not apply to any dog or other animal trained or owned or used by any law-enforcement agency or any person, company, agency or entity licensed pursuant to Chapter 13 of Title 24.

(f) In any prosecution under this section it shall be an affirmative defense that at the time of the attack during which physical injury, serious physical injury or death was inflicted upon a person:

(1) The victim of the attack was in the course of committing criminal trespass or any violent felony as set forth in this title or was attempting to commit criminal trespass or said violent felony;

(2) The victim had provoked the attack by committing cruelty to animals as defined in § 1325 of this title upon said dangerous animal or by inflicting physical injury upon said dangerous animal; or

(3) The owner or custodian of the dangerous animal was in full compliance with the applicable provisions of subchapter III of Chapter 17 of Title 7, including the requirements pertaining to confinement, restraint and muzzling.

(g) In any prosecution under this section it shall be an affirmative defense that at the time of the attack during which physical injury or death was inflicted upon an animal:

(1) The animal which was injured or killed had entered onto the real property of the owner or custodian of the dangerous animal without permission;

(2) The animal which was injured or killed had provoked the attack by menacing, biting or attacking the dangerous animal or its owner or custodian; or

(3) The owner or custodian of the dangerous animal was in full compliance with the applicable provisions of subchapter V of Chapter 30F of Title 16, including the requirements pertaining to confinement, restraint and muzzling.
11 Del. C. § 4123 — Delaware Code / Title 11 / Chapter 41 / Subchapter III / Section 4123
§ Â
        4123. Juveniles adjudicated delinquent of sex offenses.
Status: in_force

(a) Notwithstanding any law, rule or regulation to the contrary, this section shall apply to any sex offender who was a juvenile on the date of the offense and adjudicated delinquent by the Family Court.

(b) Prior to sentencing any juvenile adjudicated delinquent of a sex offense, Family Court shall order and receive a comprehensive evaluation, risk assessment and treatment recommendations for said juvenile by a certified mental health professional who specializes in the evaluation and/or treatment of juvenile sex offenders. If said juvenile is already in treatment at the time of adjudication, the current treatment provider may provide the evaluation, risk assessment and treatment recommendations required above.

(c) Following receipt by Family Court and the parties of the comprehensive evaluation, risk assessment and treatment recommendations required by subsection (b) of this section, Family Court shall conduct a sentencing hearing in which the Court shall address appropriate treatment for the juvenile, and the registration and community notification requirements for the juvenile as follows:

(1) If the juvenile was at least 14 years old on the date of the sex offense, and was adjudicated delinquent of any of the offenses enumerated in § 770(a)(3)a., § 771, § 772, § 773, § 776, or § 778 of this title, or of conspiracy, under §§ 512 and 513 of this title, or attempt, under § 531 of this title, to commit any of those enumerated offenses, the juvenile shall be immediately registered as a sex offender as prescribed by § 4120 of this title, and the community shall be provided notification as prescribed by § 4121 of this title.

(2) If the juvenile does not fit the criteria set forth in paragraph (c)(1) of this section above, the Family Court shall have the discretion to relieve the juvenile of registration and community notification requirements or to assign such juvenile to a lower tier than that prescribed by § 4121 of this title if the Court determines by a preponderance of the evidence that such juvenile is not likely to pose a threat to public safety if relieved of the requirements or assigned to a lower tier. In making this determination, the Family Court shall consider all relevant factors, including:

a. The risk the juvenile poses to the victim, the community and to other potential victims;

b. The nature and circumstances of the offense;

c. The impact on the victim, including the effects of registration and community notification;

d. The comprehensive evaluation, risk assessment and treatment recommendations or outcomes for the juvenile required by subsection (b) of this section;

e. The likelihood of successful rehabilitation, if known; and

f. The adverse impact of public registration on the juvenile and the rehabilitative process.

(d) A juvenile may through the juvenile’s parent or guardian, or upon becoming an adult, petition Family Court for a registry review hearing. For offenses enumerated in paragraph (c)(1) of this section, a registry review petition may be filed no sooner than 5 years from the date of the adjudication. For all other offenses, a registry review petition may be filed no sooner than at the conclusion of treatment or 2 years from the date of the adjudication, whichever comes first. Following a hearing, Family Court may maintain the current tier designation for the adjudicated offense pursuant to § 4121 of this title, or where it appears by a preponderance of the evidence after consideration of the factors set forth in paragraph (c)(2) of this section above that modification will not pose a threat to public safety, the Court may relieve the person of all registration and notification requirements or assign the person to a lower tier. All such petitions shall be filed in the Family Court in the county in which such case was adjudicated. The provisions of this paragraph apply to adjudications occurring both before and after October 18, 2023.

(e) The decision of the Family Court with regard to discretionary registration, modification, or removal may be appealed by the State or the juvenile.
11 Del. C. § 3532 — Delaware Code / Title 11 / Chapter 35 / Subchapter III / Section 3532
§ Â
        3532. Act of intimidation; class D felony.
Status: in_force

Except as provided in § 3533 of this title, every person who knowingly and with malice prevents or dissuades (or who attempts to prevent or dissuade) any witness or victim from attending or giving testimony at any trial, proceeding or inquiry authorized by law is committing an act of intimidation and is guilty of a class D felony. A person who knowingly and with malice retaliates against any victim or witness who has attended or given testimony at any trial proceeding or inquiry authorized by law by committing any crime as defined by the laws of this State against such victim or witness is committing an act of intimidation and is guilty of a class D felony. A person who knowingly and with malice attempts to prevent another person who has been the victim of a crime, or a witness to a crime (or any person acting on behalf of a victim or witness) from:

(1) Making any report of such crime or victimization to any peace officer, law-enforcement officer, prosecuting agency, probation officer, parole officer, correctional officer or judicial officer;

(2) Causing a complaint, indictment, information, probation or parole violation to be sought or prosecuted, or from assisting in the prosecution thereof; or

(3) Arresting, causing or seeking the arrest of any person in connection with such crime or victimization;

Is guilty of a class D felony.
11 Del. C. § 2432 — Delaware Code / Title 11 / Chapter 24 / Subchapter III / Section 2432
§ Â
        2432. Application for order to install and use.
Status: in_force

(a) General provisions. — An investigative or law-enforcement officer may make application for an order or an extension of an order under § 2433 of this title authorizing or approving the installation and use of a pen register or a trap and trace device, in writing, under oath or equivalent affirmation, to a court of competent jurisdiction of this State.

(b) Contents of application. — An application under subsection (a) of this section shall include:

(1) The identity of the law-enforcement or investigative officer making the application and the identity of the law-enforcement agency conducting the investigation; and

(2) A statement under oath by the applicant that the information likely to be obtained is relevant to an ongoing criminal investigation being conducted by that agency.
11 Del. C. § 1117 — Delaware Code / Title 11 / Chapter 5 / Subchapter V / Section 1117
§ Â
        1117. Notice.
Status: in_force

A person engaged in the sale or distribution of tobacco products or tobacco substitutes shall post conspicuously at each point of purchase and each tobacco vending machine a notice stating that selling tobacco products or tobacco substitutes to anyone under 21 years of age is illegal, that the purchase of tobacco products or tobacco substitutes by anyone under 21 years of age is illegal and that a violator is subject to fines. The notice shall also state that all persons selling tobacco products or tobacco substitutes are required, under law, to check the proof of age of any purchaser of tobacco products or tobacco substitutes under the age of 30 years. The notice shall include a toll-free telephone number to the Department of Safety and Homeland Security for persons to report unlawful sales of tobacco products or tobacco substitutes. The owners of an establishment who fail to post a notice in compliance with this section shall be subject to a fine of $100.
11 Del. C. § 8901 — Delaware Code / Title 11 / Chapter 89 / Section 8901
§ Â
        8901. Established; employees.
Status: in_force

(a) The Statistical Analysis Center is hereby located within the Criminal Justice Council. The Director of the Statistical Analysis Center shall be qualified by education or experience to carry out the mission of the Statistical Analysis Center and shall report to the Director of the Criminal Justice Council.

(b) The Director of the Statistical Analysis Center may employ such personnel as are necessary to carry out the functions of this chapter, subject to the approval of the Director of the Criminal Justice Council and within the limits of any appropriation made by the General Assembly. The staff of the Statistical Analysis Center is hereby placed under the authority of and is subject to the oversight and supervision of the Director of the Criminal Justice Council.
11 Del. C. § 8396 — Delaware Code / Title 11 / Chapter 83 / Subchapter III / Section 8396
§ Â
        8396. Payment of benefits.
Status: in_force

Benefits shall be due and payable under this chapter only to the extent provided in this chapter, and neither the State nor the New State Police Retirement Fund shall be liable for any amount in excess of such sums.
11 Del. C. § 1001 — Delaware Code / Title 11 / Chapter 5 / Subchapter IV / Section 1001
§ Â
        1001. Bigamy; class G felony.
Status: in_force

A person is guilty of bigamy when the person contracts or purports to contract a marriage with another person knowing the person has a living spouse, or knowing the other person has a living spouse.

Bigamy is a class G felony.
11 Del. C. § 1113 — Delaware Code / Title 11 / Chapter 5 / Subchapter V / Section 1113
§ Â
        1113. Criminal nonsupport and aggravated criminal nonsupport.
Status: in_force

(a) A person is guilty of criminal nonsupport when that person knowingly fails, refuses or neglects to provide the minimal requirements of food, clothing or shelter for that person’s minor child. Criminal nonsupport is a class B misdemeanor unless the person has previously been convicted of the same offense or the offense of aggravated criminal nonsupport, in which case it is a class A misdemeanor.

(b) A person is guilty of aggravated criminal nonsupport when, being subject to a support order, that person is delinquent in meeting, as and when due, the full obligation established by such support order and has been so delinquent for a period of at least 4 months’ duration. Aggravated criminal nonsupport is a class A misdemeanor, unless any 1 of the following aggravating factors is present, in which case aggravated criminal nonsupport is a class G felony:

(1) The person has previously been convicted of aggravated criminal nonsupport;

(2) The person has been delinquent in meeting, as and when due, the full obligation established by such support order for 8 consecutive months; or

(3) The arrearage is $10,000 or more.

(c) In any prosecution for criminal nonsupport, it is an affirmative defense that the accused has fully complied with a support order that was in effect for the support of the subject person during the time period of the offense charged.

(d) In any prosecution for criminal nonsupport or aggravated criminal nonsupport, it is an affirmative defense that the accused was unable to pay or provide support, but the accused’s inability to pay or provide support must be the result of circumstances over which the accused had no control. Unemployment or underemployment with justifiable excuse shall constitute a defense to any prosecution for criminal nonsupport or aggravated criminal nonsupport. Justifiable excuse may be established where the accused has been involuntarily terminated from the accused’s employment or otherwise had the accused’s income involuntarily reduced and is diligently and in good faith seeking reasonably appropriate employment opportunities under all the circumstances or pursuing self-employment.

(e) It is not a defense to a charge of criminal nonsupport or aggravated criminal nonsupport that the person to be supported received support from a source other than the accused.

(f) In any prosecution for criminal nonsupport or aggravated criminal nonsupport, payment records maintained by an administrative agency or court through which a support order is payable, are prima facie evidence of the support paid or unpaid and the accrued arrearages.

(g) A privilege against disclosure of confidential communications between spouses does not apply to a prosecution for criminal nonsupport or aggravated criminal nonsupport, and either spouse shall be competent to testify against the other as to any and all relevant matters.

(h) No civil proceeding in any court or administrative agency shall be a bar to a prosecution for criminal nonsupport or aggravated criminal nonsupport.

(i) The court, in its discretion, may order that any fine upon conviction for criminal nonsupport or aggravated criminal nonsupport be paid for the support of the person entitled to support. If a support order has been entered, a fine paid pursuant to this subsection shall be applied in accordance with the support order.

(j) The court shall order any person convicted of criminal nonsupport or aggravated criminal nonsupport to make restitution to the person entitled to support. The amount of restitution is the arrearages that accrued under a support order during the time period for which the person was convicted of criminal nonsupport or aggravated criminal nonsupport, or, if there is no support order, an amount determined to be reasonable by the court.

(k) As used in this section:

(1) “Child” means any child, whether over or under the age of majority, with respect to whom a support order exists.

(2) “Minor child” means any child, natural or adopted, whether born in or out of wedlock, under 18 years of age, or over 18 years of age but not yet 19 years of age if such child is a student in high school and is likely to graduate.

(3) “Support order” means a judgment, decree or order, whether temporary, final or subject to modification, for the benefit of a child, a spouse or a former spouse or a parent, issued by a court or agency, which provides for monetary support, medical support, health care, arrearages or reimbursement, whether incidental to a proceeding for divorce, judicial or legal separation, separate maintenance, paternity, guardianship, civil protection or otherwise.
11 Del. C. § 803 — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 803
§ Â
        803. Arson in the first degree; class C felony.
Status: in_force

A person is guilty of arson in the first degree when the person intentionally damages a building by starting a fire or causing an explosion and when:

(1) The person knows that another person not an accomplice is present in the building at the time; or

(2) The person knows of circumstances which render the presence of another person not an accomplice therein a reasonable possibility.

Arson in the first degree is a class C felony.
11 Del. C. § 915 — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 915
§ Â
        915. Use of payment card information.
Status: in_force

(a) In this section, the following words have the meanings indicated:

(1) “Draft” does not include a credit or debit card sales draft.

(2) “Drawer” means the individual who makes or signs a check or other draft;

(b) Subject to the provisions of subsection (c) of this section, as a condition of accepting a check or other draft as payment for consumer credit, goods, realty or services, a person may not request or record the account number of any payment card of the drawer of the check or other draft.

(c) The provisions of this section do not prohibit a person from:

(1) Requesting the drawer to display a payment card for purposes only of identification or credit worthiness;

(2) Requesting or recording the type or issuer of a payment card of the drawer; or

(3) Recording the number and expiration date of a payment card if the person requesting the information has agreed with the payment card issuer to cash checks as a service to the issuer’s cardholders and the issuer has agreed to guarantee payment of cardholder checks cashed by that person.

(d) Violation of this section is an unclassified misdemeanor.
11 Del. C. § 422 — Delaware Code / Title 11 / Chapter 4 / Section 422
§ Â
        422. Intoxication not mental illness.
Status: in_force

Evidence of voluntary intoxication shall not be admissible for the purpose of proving the existence of mental illness, mental defect, serious mental disorder or psychiatric disorder within the meaning of § 401 of this title.
11 Del. C. § 858 — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 858
§ Â
        858. Unlawful operation of a recording device.
Status: in_force

(a) (1) Any person who knowingly operates the audiovisual recording function of any device in a motion picture theater while the motion picture is being exhibited, for the purpose of distributing or transmitting a still photographic image of the motion picture, without the consent of the motion picture theater owner, is guilty of a class B misdemeanor.

(2) Any person who knowingly operates the audiovisual recording function of any device in a motion picture theater for the purpose of recording a motion picture, while the motion picture is being exhibited, without the consent of the motion picture theater owner, is guilty of a is guilty of a class A misdemeanor which notwithstanding any law to the contrary, may also include a fine of up to $50,000.

(b) The term “audiovisual recording function” means the capability of a device to record or transmit a motion picture or any part thereof by means of any technology now known or later developed.

(c) The term “motion picture theater” means a movie theater, screening room, or other public venue that is being utilized primarily for the exhibition of a motion picture at the time of the offense.

(d) A motion picture theater owner, a supervisor, agent or employee, 18 years of age or older, who has probable cause to believe that a person has recorded or transmitted a substantial portion of a motion picture and has intentionally violated paragraph (a)(2) of this section, may, for the purpose of summoning a law-enforcement officer, take the person into custody and detain the person in a reasonable manner on the premises for a reasonable time.

(e) A motion picture theater owner, a supervisor, agent or employee, 18 years of age or older who detains a person pursuant to subsection (d) of this section, or who causes or provides information leading to the arrest of any person under subsection (a) of this section, shall not be held civilly or criminally liable for such detention or arrest provided they had, at the time of such detention or arrest, probable cause to believe that the person committed a crime defined in subsection (a) of this section.

(f) A motion picture theater owner, a supervisor, agent or employee, 18 years of age or older, who has probable cause to believe that a person has committed a crime defined in subsection (a) of this section may eject such person from the premises and shall not be held civilly or criminally liable for such ejection.

(g) This section does not prevent any lawfully authorized investigative, law-enforcement protective, or intelligence gathering employee or agent, of the local, state or federal government, from operating any audiovisual recording device in a motion picture theater, as part of lawfully authorized investigative, protective, law-enforcement, or intelligence-gathering activities.
11 Del. C. § 1103B — Delaware Code / Title 11 / Chapter 5 / Subchapter V / Section 1103B
§ Â
        1103B. Child abuse in the second degree; class B felony.
Status: in_force

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

(b) Child abuse in the second degree is a class B felony.

(c) Notwithstanding any provision of this title to the contrary, any person who commits child abuse in the second degree must receive a minimum sentence of 5 years at Level V if any 1 of the following applies:

(1) The child is less than 6 years of age at the time of offense.

(2) The child has an intellectual, developmental, or physical disability.

(3) The injury was caused by means of a deadly weapon or dangerous instrument.

(d) For an offense under this section, it is not a defense that the person did not know the child’s age or that the person reasonably believed the child to be 6 years of age or older.

(e) For an offense under this section, it is not a defense that the person did not know the child has an intellectual, developmental, or physical disability or that the person reasonably believed the child did not have an intellectual, developmental, or physical disability.
11 Del. C. § 2514 — Delaware Code / Title 11 / Chapter 25 / Subchapter I / Section 2514
§ Â
        2514. Arrest without warrant.
Status: in_force

The arrest of a person may be lawfully made by any peace officer, without a warrant, upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by death or imprisonment for a term exceeding 1 year, but when so arrested the accused shall be taken before a judge or justice of the peace with all practicable speed and complaint shall be made against the accused under oath setting forth the ground for the arrest as in § 2513 of this title, and thereafter the accused’s answer shall be heard as if the accused had been arrested on a warrant.
11 Del. C. § 6595 — Delaware Code / Title 11 / Chapter 65 / Subchapter XII / Section 6595
§ Â
        6595. Applicability.
Status: in_force

This subchapter applies to correctional officers who serve or served on or after February 8, 2026.
11 Del. C. § 9006 — Delaware Code / Title 11 / Chapter 90 / Section 9006
§ Â
        9006. Function of the Agency.
Status: repealed

The Agency, subject to the approval of the Department of Justice, has all of the following functions, powers, and duties:

(1) To meet and function at any place within the State.

(2) To obtain the services of other governmental agencies on request and to utilize those services when necessary.

(3) To receive, investigate, and determine awards, and to process for claims payment for applications filed under this chapter.

a.-c. [Repealed.]

(4) To publish reports, information, and other data collected by the Agency.

(5) To annually render to the Governor and General Assembly a written report of the Agency’s activities and recommendations.

(6) To provide applications for purposes of this chapter and to specify the information to be included in the applications.

(7) To adopt, promulgate, amend, and rescind rules and regulations that are required to carry out this chapter.

(8) To reimburse other governmental agencies under this chapter for awards to claimants.

(9) To recover, through reimbursement by the criminal defendant, the full amount of compensation paid to claimants for crimes committed by the defendant.

(10) To recover, through reimbursement from claimants, funds received from other sources of payment, as set forth herein.

(11) To administer the Victims’ Compensation Fund established by this chapter.
11 Del. C. § 1945 — Delaware Code / Title 11 / Chapter 19 / Subchapter III / Section 1945
§ Â
        1945. Liability insurance.
Status: in_force

The governing body of any jurisdiction in this State is authorized to procure or extend the necessary public liability insurance to cover claims arising out of mutual assistance to other jurisdictions.
11 Del. C. § 2115 — Delaware Code / Title 11 / Chapter 21 / Section 2115
§ Â
        2115. Forfeiture and default of bail bonds [Effective until July 1, 2026].
Status: in_force

(a) If the defendant shall fail to appear as required or be found in breach of a material condition of release imposed by any court, except the House Sergeant of the Wilmington City Police, while under a bond, and the court pursuant to this chapter or court rule finds the defendant in default and forfeits the bond, the proceeds shall be forwarded to the State Treasurer and deposited in the General Fund.

(b) All funds held by the State in any depository derived from forfeiture or default of bonds from any court, except the House Sergeant of the Wilmington City Police, shall immediately be forwarded to the State Treasurer and deposited in the General Fund.

(c) The proceeds of any bond forfeited for the defendant’s failure to appear in any child support proceeding shall be paid over to the payee of the child support order and applied to the child support account.(a) If the defendant fails to appear as required or is found in breach of a material condition of release imposed by any court while under a bond, and the court under this chapter or court rule finds the defendant in default and forfeits the bond, the proceeds must be forwarded to the State Treasurer and deposited in the General Fund.

(b) All funds held by the State in any depository derived from forfeiture or default of bonds from any court, except the House Sergeant of the Wilmington City Police, shall immediately be forwarded to the State Treasurer and deposited in the General Fund.

(c) The proceeds of any bond forfeited for the defendant’s failure to appear in any child support proceeding shall be paid over to the payee of the child support order and applied to the child support account.
11 Del. C. § 9410 — Delaware Code / Title 11 / Chapter 94 / Subchapter I / Section 9410
§ Â
        9410. Information from a law-enforcement agency at initial contact.
Status: in_force

(a) At the initial contact between the victim of a reported crime and the law-enforcement agency responsible for investigating that crime, the law-enforcement agency shall promptly provide the victim all of the following:

(1) A copy of the initial incident report with the explanation of a victim’s rights created under § 9414 of this title.

(2) Notice of the availability of a victim service unit within the Department or, in the absence of a unit within that law-enforcement agency, the availability of the Statewide Victim Center.

(3) Information about the Victims’ Compensation Assistance Program under Chapter 90 of this title.

(4) How the victim can obtain the information about the status of any arrest or pretrial release.

(5) The procedures that the victim may follow if threatened, intimidated, or if the defendant fails to comply with conditions of bail or custody.

(6) How to file a complaint under § 9402(a) of this title.

(b) Before speaking with a victim, a victim services professional must inform a victim if the victim services professional is required to share information disclosed by the victim that is relevant to the investigation and to whom that information must be disclosed.
11 Del. C. § 2524 — Delaware Code / Title 11 / Chapter 25 / Subchapter I / Section 2524
§ Â
        2524. Costs and expenses.
Status: in_force

(a) The actual expenses of agents appointed by the Governor to serve requisition papers may be paid indirectly, by having the agent pay the agent’s own expenses and then later seek reimbursement by submitting receipts to the State Treasurer; or they may be paid directly, by having the agent pay for the expenses with a credit card registered in the name of the Department of Justice.

(1) When the indirect method is chosen, the agent shall be reimbursed only for reasonable, authorized, extradition-related expenses. Further, the State Treasurer shall reimburse the agent only for receipts that have been approved by the Attorney General or 1 of the Attorney General’s deputies.

(2) Similarly, when the direct method is chosen, the credit card may be used only for reasonable, authorized, extradition-related expenses; the agent shall be personally liable for any unauthorized excesses or abuses of the credit card.

(b) Upon the conviction of any individual returned to this State by requisition proceedings, the court shall assess the costs of requisition in the same manner as other costs of the case.

(c) All money received by the State in payment of the costs of requisition shall be credited by the State Treasurer to a fund to be known as the “Extradition Fund.”

(d) The Extradition Fund shall be a revolving fund and shall consist of funds transferred to it pursuant to recovery of the costs of requisitions.

(e) If, at the end of any fiscal year, the balance in the Extradition Fund exceeds $40,000, the excess shall be withdrawn from the Extradition Fund and deposited in the General Fund.

(f) The Attorney General is authorized to expend from the Extradition Fund such funds as are necessary for the payment of operating costs, expenses and charges incurred in connection with the requisition proceedings necessary to return individuals to this State.
11 Del. C. § 1935 — Delaware Code / Title 11 / Chapter 19 / Subchapter II / Section 1935
§ Â
        1935. Fresh pursuit by county, municipal, town and other peace units.
Status: in_force

Any peace officer of a duly organized county, municipal, town, interstate bridge or university peace unit or a law-enforcement officer of the Department of Natural Resources and Environmental Control, but not county sheriffs or their deputies, may carry out fresh pursuit of any person anywhere within this State, regardless of the original territorial jurisdiction of such officer, in order to arrest such person pursued, when there is reasonable grounds to suspect that a felony, misdemeanor, or violation of the Motor Vehicle Code has been committed in this State by such person.
11 Del. C. § 1511 — Delaware Code / Title 11 / Chapter 15 / Section 1511
§ Â
        1511. Use of property and funds for law-enforcement purposes.
Status: in_force

(a) All cash, bonds and other funds forfeited to the State in accordance with this chapter which remain after distribution pursuant to § 1506(f) of this title shall be deposited into the Special Law Enforcement Assistance Fund [§ 4110 et seq. of this title].

(b) Personalty forfeited to the State which is not cash or currency shall not be sold or otherwise converted until the Attorney General determines, in writing, that such personalty cannot be used for law-enforcement related purposes. If the Attorney General determines that there is a law-enforcement use for such personalty, the personalty shall become state property and the Department of Justice shall have the right of first refusal.
11 Del. C. § 1303 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1303
§ Â
        1303. Disorderly conduct; funeral or memorial service.
Status: in_force

(a) A person shall not do any of the following within 300 feet of the building or other location where a funeral or memorial service is being conducted, or within 1,000 feet of a funeral procession or burial:

(1) Direct abusive epithets or make any threatening gesture which the person knows or reasonably should know is likely to provoke a violent reaction by another.

(2) Disturb or disrupt the funeral, memorial service, funeral procession, or burial by conduct intended to disturb or disrupt the funeral, memorial service, funeral procession or burial.

(b) This section applies to conduct within 1 hour preceding, during and within 2 hours after a funeral, memorial service, funeral procession or burial.

(c) A person who commits a violation of this section commits:

(1) A class A misdemeanor for a first offense.

(2) A class F felony for a second or subsequent offense.

(d) This section shall not preclude any county or municipality from legislating and enforcing its own more restrictive law in this regard.
11 Del. C. § 3917 — Delaware Code / Title 11 / Chapter 39 / Subchapter III / Section 3917
§ Â
        3917. Notice provided.
Status: in_force

(a) Notice of the test results shall be provided as prescribed by the Division of Public Health to the person tested, as well as to the law-enforcement officer named in the petition and to the officer’s employing agency or entity, who shall otherwise maintain the confidentiality of that information.

(b) The result of any test conducted pursuant to this subchapter shall not be a public record for purposes of Chapter 100 of Title 29.
11 Del. C. § 861 — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 861
§ Â
        861. Forgery; class F felony; class G felony; class A misdemeanor; restitution required.
Status: in_force

(a) A person is guilty of forgery when, intending to defraud, deceive or injure another person, or knowing that the person is facilitating a fraud or injury to be perpetrated by anyone, the person:

(1) Alters any written instrument of another person without the other person’s authority; or

(2) Makes, completes, executes, authenticates, issues or transfers any written instrument which purports to be the act of another person, whether real or fictitious, who did not authorize that act, or to have been executed at a time or place or in a numbered sequence other than was in fact the case or to be a copy of an original when no original existed; or

(3) Possesses a written instrument, knowing that it was made, completed or altered under circumstances constituting forgery.

(b) Forgery is classified and punished as follows:

(1) Forgery is forgery in the first degree if the written instrument is or purports to be:

a. Part of an issue of money, stamps, securities or other valuable instruments issued by a government or a governmental instrumentality; or

b. Part of an issue of stock, bonds or other instruments representing interests in or claims against a corporation, business enterprise or other organization or its property.

Forgery in the first degree is a class F felony.

(2) Forgery is forgery in the second degree if the written instrument is or purports to be any of the following:

a. A deed, will, codicil, contract, release, assignment, commercial instrument, check, or other instrument which does or may evidence, create, transfer, terminate, or otherwise affect a legal right, interest, obligation, or status.

b. A public record, or an instrument filed or required to be filed in or with a public office or public servant.

c. A written instrument officially issued or created by a public office, public servant, or governmental instrumentality.

d. Part of an issue of tokens, tickets, public transportation transfers, certificates, or other articles manufactured and designed for use as symbols of value usable in place of money for the purchase of property or services.

e. A prescription of a duly licensed physician or other person authorized to issue the same for any drug or any instrument or device for which a prescription is required by law.

Forgery in the second degree is a class G felony.

(3) All other forgery is forgery in the third degree, a class A misdemeanor.

(4) If the written instrument is or purports to be provided to an individual by a vaccine provider documenting that an individual has been vaccinated, which bears a government logo or other indication that the written instrument is created by a governmental instrumentality and includes information such as the date an individual received a vaccination and the type of vaccine and lot number, forgery is classified and punished as follows:

a. A first offense by an individual involving a single written instrument under this paragraph (b)(4) is forgery in the third degree, a class A misdemeanor.

b. All other forgery under this paragraph (b)(4) is forgery in the second degree, a class G felony.

(c) In addition to any other penalty provided by law for violation of this section, the court shall require a person convicted of a violation of this section to make restitution to the party or parties who suffered loss as a result of such forgery.
11 Del. C. § 8404A — Delaware Code / Title 11 / Chapter 84 / Section 8404A
§ Â
        8404A. Hearings.
Status: in_force

In all situations where the provisions of § 8404(a)(4) or § 8410(b) of this title are to be applied to or invoked against any agency or individual, that agency or individual shall be entitled to a hearing in the manner prescribed herein:

(1) The chairperson shall select 3 members of the Commission to comprise a board which will hear evidence on the allegation (hereinafter “board”).

(2) Upon conclusion of the hearing provided for in this section, the board shall submit its findings and recommendation to the full Commission in writing for consideration and vote.

(3) The ultimate findings of the Commission shall be final, except that any ruling adverse to any party participating in the hearing may be appealed to the Superior Court within 15 days of receipt of written notification of said finding. Absent an appeal, all findings of the Commission shall become final upon expiration of said appeal deadline.

(4) All hearings shall be conducted in accordance with the Administrative Procedures Act [Chapter 101 of Title 29].

(5) Summaries of the Commission’s decisions shall be published on the Commission’s websites and are public records for purposes of the Freedom of Information Act (Chapter 100 of Title 29).
11 Del. C. § 925 — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 925
§ Â
        925. Video privacy protection.
Status: in_force

(a) A videotape distributor may not wrongfully disclose an individual or summary listing of any videotapes purchased or rented by a protected individual from the videotape distributor.

(b) In this section the following words or terms have the meanings indicated:

(1) “Protected individual” means:

a. The individual described by any information the wrongful disclosure of which is prohibited under this section; or

b. An agent of that individual.

(2) “Publication” means distribution to a person other than the protected individual.

(3) “Videotape distributor” means a person who sells or rents videotapes.

(4) a. “Wrongful disclosure” means any publication that occurs in circumstances in which a protected individual who rents or purchases a videotape has a reasonable expectation of privacy.

b. “Wrongful disclosure” does not include:

1. Any disclosure made incident to the normal course of the business of renting or selling videotapes to a person whom the protected individual authorizes, prior to distribution, to receive the information;

2. Any disclosure made under summons or subpoena to appropriately authorized law enforcement personnel;

3. Any disclosure made to a collection agency or person designated by the videotape distributor for the purpose of collecting an unreturned videotape or an amount equal to the value of the unreturned videotape; or

4. Any disclosure of names and addresses only for commercial mailing list purposes.

(c) A person convicted of violating this section shall be subject to a fine of not more than $500 for each violation, or imprisonment for not more than 6 months for all violations, or both.
11 Del. C. § 628A — Delaware Code / Title 11 / Chapter 5 / Subchapter II / Section 628A
§ Â
        628A. Vehicular assault in the second degree; class A misdemeanor.
Status: in_force

A person is guilty of vehicular assault in the second degree when:

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

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

Vehicular assault in the second degree is a class A misdemeanor.
11 Del. C. § 781 — Delaware Code / Title 11 / Chapter 5 / Subchapter II / Section 781
§ Â
        781. Unlawful imprisonment in the second degree; class A misdemeanor.
Status: in_force

A person is guilty of unlawful imprisonment in the second degree when the person knowingly and unlawfully restrains another person.

Unlawful imprisonment in the second degree is a class A misdemeanor.
11 Del. C. § 1308 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1308
§ Â
        1308. Hate crime reporting requirement.
Status: in_force

(a) Police agencies shall report the number of violations, or investigations into a violation, of § 1304 of this title to the Division of Civil Rights and Public Trust, established under § 2553 of Title 29, at the request of the Division.

(b) The Division of Civil Rights and Public Trust may request a police agency to provide any additional information deemed necessary to effectuate the Division’s mission.

(c) The Division of Civil Rights and Public Trust shall post on the Division’s website annually the number and nature of violations of § 1304 of this title.
11 Del. C. § 4132 — Delaware Code / Title 11 / Chapter 41 / Subchapter IV / Section 4132
§ Â
        4132. Rules.
Status: in_force

The Office of Animal Welfare may promulgate rules necessary for implementation of this chapter.
11 Del. C. § 826 — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 826
§ Â
        826. Burglary in the first degree; class C or B felony.
Status: in_force

(a) A person is guilty of burglary in the first degree when the person knowingly enters or remains unlawfully in an occupied dwelling with intent to commit a crime therein.

(b) A person is guilty of home invasion burglary first degree if the elements of subsection (a) of this section are met and in effecting entry or when in the dwelling or immediate flight therefrom, the person or another participant in the crime engages in the commission of, or attempts to commit, any of the following felonies:

(1) Robbery in the first or second degree;

(2) Assault in the first or second degree;

(3) Murder in the first or second degree;

(4) Manslaughter;

(5) Rape in any degree;

(6) Kidnapping in the first or second degree;

(c) Burglary in the first degree is a class C felony. A person convicted of burglary in the first degree shall receive a minimum sentence of 1 year at Level V.

(d) Notwithstanding any provision of this section or Code to the contrary, where a person is convicted of burglary in the first degree pursuant to subsection (a) of this section and who either (1) is armed with explosives or a deadly weapon; or (2) causes physical injury to any person who is not a participant in the crime, burglary in the first degree is a class B felony.

(e) Notwithstanding any provision of this section or Code to the contrary, any person convicted of home invasion burglary first degree as defined in subsection (b) of this section, shall receive a minimum sentence of 6 years at Level V.

(f) The sentencing provisions applicable to this section apply to the attempted burglary in the first degree as well as attempted home invasion burglary in the first degree.

(g) It is no defense that the accused did not know that the dwelling was occupied at the time of entry.
11 Del. C. § 6582 — Delaware Code / Title 11 / Chapter 65 / Subchapter X / Section 6582
§ Â
        6582. Treatment Access Committee established.
Status: in_force

(a) There is established a permanent committee of the Sentencing Accountability Commission which shall be known as the “Treatment Access Committee.”

(b) The Treatment Access Committee shall be comprised of 7 voting members which shall include:

(1) The Chairperson of SENTAC, ex officio, who shall serve as Chairperson of the Committee;

(2) The Secretary of Health and Social Services, ex officio;

(3) The Secretary of the Department of Youth Services, ex officio;

(4) The Commissioner of Corrections, ex officio;

(5) The Chairperson of the Board of Parole, ex officio;

(6) Two additional members, 1 of whom shall represent the President of the Senate and 1 of whom shall represent the Speaker of the House; and

(7) Such other nonvoting members as will assist the Committee in performing its functions as are appointed by the Chairperson of SENTAC.

(c) The Treatment Access Committee shall supervise the establishment of a Treatment Access Center for substance abusing offenders. The Treatment Access Center shall be designed in a manner to coordinate the provision of substance abuse evaluation and treatment by public and private providers to criminal defendants and youths adjudicated delinquent or pending such adjudication. The Committee shall have the power through its Chairperson to make and enter into any and all contracts, agreements or stipulations; and to seek, accept and receive funds, grants or donations necessary to fulfill the purposes of this section.

(d) The Treatment Access Committee shall supervise the expenditure of funds from the Substance Abuse Rehabilitation, Treatment, Education and Prevention Fund. It shall make grants to the Treatment Access Center, and to other state and local public entities or agencies for substance abuse treatment, rehabilitation, education or prevention activities, subject to the provisions of § 4803A(b) of Title 16.

(e) The Treatment Access Committee shall report annually to SENTAC and the General Assembly on its activities and the status of substance abuse problems in Delaware.
11 Del. C. § 5105 — Delaware Code / Title 11 / Chapter 51 / Subchapter I / Section 5105
§ Â
        5105. Legal counsel for public officers and employees.
Status: in_force

Any public officer or employee, in any criminal action against such officer or employee arising from the officer’s or employee’s state employment, shall be entitled to petition the Court for a Court-appointed attorney to represent the officer’s or employee’s interests in the matter. If the Judge, after consideration of the petition, examination of the petitioner and receipt of such further evidence as the Judge may require, determines that the petition has merit, the Judge shall appoint an attorney to represent the interests of such public officer or employee. The Court-appointed attorney shall continue such representation until the final determination of the matter, even if the case is transferred to another court, unless such attorney is earlier released by such person or by the Court. This section shall also apply to all federal courts within this State.
11 Del. C. § 8510A — Delaware Code / Title 11 / Chapter 85 / Subchapter I / Section 8510A
§ Â
        8510A. Information to be supplied by Division of Professional Regulation.
Status: in_force

The Division of Professional Regulation shall transmit to the Bureau, in such manner as the Director shall designate, certain information regarding the Division’s investigations, civil enforcement actions or complaints, and changes in license status when such information is related to alleged criminal conduct. By December 27, 2010, the Division, in cooperation with the Executive Director of the Delaware Criminal Justice Information System, shall promulgate regulations governing what information the Division must supply to the Bureau, and the time period in which it must do so.
11 Del. C. § 3533 — Delaware Code / Title 11 / Chapter 35 / Subchapter III / Section 3533
§ Â
        3533. Aggravated act of intimidation; class B felony.
Status: in_force

Every person doing any of the acts set forth in § 3532 of this title, knowingly and with malice under 1 or more of the following circumstances, shall be guilty of a class B felony if, in addition, such act:

(1) Is accompanied by an express or implied threat of force or violence, upon a victim, a witness or any third person (or upon the property of a victim, witness or third person);

(2) Is in furtherance of a conspiracy;

(3) Is committed by any person who has been convicted of any violation of this subchapter, any predecessor law hereto, the statute of any other state or any federal statute which would be a violation of this subchapter if committed in this State; or

(4) Committed, for pecuniary gain or for any other consideration, by any person acting upon the request of another person.
11 Del. C. § 859 — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 859
§ Â
        859. Larceny of livestock; penalty.
Status: in_force

(a) Whoever feloniously steals, takes and carries away any cow, steer, bull, calf, heifer or swine is guilty of larceny and a class G felony.

(b) The minimum sentence of imprisonment required by subsection (a) of this section shall not be subject to suspension and no person convicted under this section shall be eligible for probation or parole during the first 6 months of the sentence.
11 Del. C. § 2507 — Delaware Code / Title 11 / Chapter 25 / Subchapter I / Section 2507
§ Â
        2507. Governorâs warrant of arrest; issuance.
Status: in_force

If the Governor decides that the demand should be complied with, the Governor shall sign a warrant of arrest, which shall be sealed with the state seal, and be directed to any peace officer or other person whom the Governor thinks fit to entrust with the execution thereof. The warrant shall substantially recite the facts necessary to the validity of its issuance.
11 Del. C. § 9502 — Delaware Code / Title 11 / Chapter 95 / Section 9502
§ Â
        9502. Program funding; operation; supervision.
Status: repealed

(a) There is hereby established a Victim-Offender Alternative Case Resolution Committee to be composed of the Attorney General, Chief Defender, Chief Judge of the Court of Common Pleas, Director of the Criminal Justice Council, and the Chief Judge of Family Court or their designees to administer this chapter. Funds may not be awarded or a program approved without the approval of the Victim-Offender Alternative Case Resolution Committee.

(b) To be eligible for state funds, a program must do all of the following:

(1) Be operated by a 501(c)(3) [26 U.S.C. § 501(c)(3)] organization in Delaware.

(2) Provide neutral mediators who have received training in conflict resolution techniques.

(3) Comply with this chapter and the rules adopted by the Victim-Offender Alternative Case Resolution Committee.

(4) Provide victim-offender alternative case resolution in felony, misdemeanor and juvenile delinquency cases without cost to the participants.

(5) At the conclusion of the alternative case resolution process provide a written agreement or decision to the referral source setting forth the settlement of the issues and future responsibilities of each participant.

(c) Each program that receives funds under this chapter must be operated under a contract with the Victim-Offender Alternative Case Resolution Committee and must comply with this chapter.

(d) An organization applying to the Victim-Offender Alternative Case Resolution Committee for funding is to include all of the following information in its application:

(1) Cost of operating the victim-offender mediation program, including the compensation of employees.

(2) Description of the proposed area of service and number of participants expected to be served.

(3) Proof of nonprofit status.

(4) [Repealed.]

(e) The Chair of the Victim-Offender Alternative Case Resolution Committee or the Chair’s designee may inspect, examine and audit the fiscal affairs and 990 Forms of victim-offender alternative case resolution programs.

(f) A program operated under this chapter is not a state agency or an instrumentality of the State. Employees and volunteers of a program are not employees of the State.

(g) A program that receives funds from the Victim-Offender Alternative Case Resolution Committee under this chapter must annually provide the Victim-Offender Alternative Case Resolution Committee with statistical data regarding all of the following:

(1) The operating budget.

(2) The number of case referrals, categories, or types of cases referred.

(3) The number of parties served.

(4) The number of cases resolved.

(5) The nature of the resolution and amount and type of restitution to the victim or community.

(6) The rate of compliance of the accused with the agreement of the parties.

(7) The length of total case processing time by the victim-offender alternative case resolution program.

(8) If applicable, community service hours agreed to and community service hours completed.

(9) [Repealed.]
11 Del. C. § 6525 — Delaware Code / Title 11 / Chapter 65 / Subchapter V / Section 6525
§ Â
        6525. Treatment of inmates with mental illnesses and serious mental disorders; transfer.
Status: in_force

(a) The Department shall establish resources and programs for the treatment of persons with mental illnesses and serious mental disorders, either in a separate facility or as part of other institutions or facilities of the Department. The Department shall coordinate its work with any other state agency to reduce overlapping or duplication of functions and services.

(b) The Commissioner is empowered to transfer to other appropriate state institutions for care and treatment inmates who have been determined to have mental illnesses. Transfer may also be made to such facilities in other jurisdictions, or to municipal or private facilities, upon the consent of responsible administrators of such facilities. Such transfers shall occur only as set forth at § 5153 of Title 16. Inmates to be transferred as contemplated herein who have not reached the age of 18 years and have been found nonamenable to the processes of Family Court shall not be transferred to the Delaware Psychiatric Center. Nonamenable inmates under the age of 18 years shall be transferred to appropriate residential treatment facilities within the State of Delaware or in other states.

(c) When, in the judgment of the administrator of the institution to which an inmate has been transferred, the inmate has recovered from the condition which occasioned the transfer, the inmate shall be returned to the Department.
11 Del. C. § 924A — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 924A
§ Â
        924A. Forfeiture.
Status: in_force

If a person is convicted of a violation of § 922 of this title, the court in its sentencing order shall order the forfeiture and destruction or other disposition of:

(1) All articles on which the conviction is based; and

(2) All implements, devices, materials, and equipment used or intended to be used in the manufacture of the recordings on which the conviction is based.
11 Del. C. § 1462 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1462
§ Â
        1462. Covert or undetectable firearms; class E or D felony.
Status: in_force

(a) A person is guilty of possession of a covert or undetectable firearm when the person knowingly possesses a covert or undetectable firearm.

(b) A person is guilty of manufacturing a covert or undetectable firearm when the person manufactures, causes to be manufactured, transports, or sells a covert or undetectable firearm.

(c) Possession of a covert or undetectable firearm is a class E felony.

(d) Manufacturing a covert or undetectable firearm is a class D felony.
11 Del. C. § 825 — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 825
§ Â
        825. Burglary in the second degree; class D felony.
Status: repealed

(a) A person is guilty of burglary in the second degree when the person knowingly enters or remains unlawfully in a dwelling with intent to commit a crime therein.

(b) A person is guilty of burglary in the second degree when the person knowingly enters or remains unlawfully in a building with intent to commit a crime therein and where the person is armed with explosives or a deadly weapon or where the person causes physical injury to any other person who is not a participant in the crime.

Burglary in the second degree is class D felony.

(c) [Repealed.]
11 Del. C. § 823 — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 823
§ Â
        823. Criminal trespass in the first degree; class A misdemeanor.
Status: in_force

A person is guilty of criminal trespass in the first degree when the person knowingly enters or remains unlawfully in a dwelling or building used to shelter, house, milk, raise, feed, breed, study or exhibit animals.

Criminal trespass in the first degree is a class A misdemeanor.
11 Del. C. § 8510 — Delaware Code / Title 11 / Chapter 85 / Subchapter I / Section 8510
§ Â
        8510. Information to be supplied by Department of Correction and Division of Youth Rehabilitative Services.
Status: in_force

The Department of Correction and the Division of Youth Rehabilitative Services shall, within 48 hours, transmit to the Bureau:

(1) The names, fingerprints, photographs and other data prescribed by the Director, concerning all persons who are received or committed to such penal institution, or who are placed on parole or probation for any offense. Such photographs shall be of a recent date, and taken while such individuals are attired in civilian clothes;

(2) The names and photographs of all prisoners who are to be released or discharged from such institutions, after having been confined in such institutions. Such photographs shall be taken immediately before release of such persons, and the person shall be attired in civilian clothes;

(3) Notice of all paroles granted, revoked or completed, changes in release status, conditional releases, commutations of sentence, pardons and deaths of all persons described in paragraphs (1) and (2) of this section.
11 Del. C. § 1451 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1451
§ Â
        1451. Theft of a firearm; class F felony.
Status: in_force

(a) A person is guilty of theft of a firearm when the person takes, exercises control over or obtains a firearm of another person intending to deprive the other person of it or appropriate it.

(b) Theft of a firearm is a class F felony.
11 Del. C. § 1503 — Delaware Code / Title 11 / Chapter 15 / Section 1503
§ Â
        1503. Violations.
Status: in_force

(a) It shall be unlawful for any person employed by, or associated with, any enterprise to conduct or participate in the conduct of the affairs of the enterprise through a pattern of racketeering activity or collection of an unlawful debt.

(b) It is unlawful for any person, through a pattern of racketeering activity or proceeds derived therefrom, to acquire or maintain, directly or indirectly, any interest in or control of any enterprise, real property or personal property, of any nature, including money.

(c) It is unlawful for any person who has received any proceeds derived, directly or indirectly, from a pattern of racketeering activity in which such person has participated, to use or invest, directly or indirectly, any part of such proceeds or any proceeds derived from the investment or use thereof, in the acquisition of any interest in, or the establishment or operation of, any enterprise or real property.

(d) It is unlawful for any person to conspire or attempt to violate any of the provisions of subsection (a), (b) or (c) of this section.
11 Del. C. § 1458 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1458
§ Â
        1458. Removing a weapon from the possession of a law-enforcement officer; class C felony.
Status: in_force

(a) A person shall not knowingly or recklessly remove or attempt to remove a firearm or projectile weapon, disabling chemical spray, baton or other deadly weapon from the possession of another person or deprive the other person of its use if:

(1) The person has knowledge or reason to know that the other person is employed as:

a. A law-enforcement officer including, but not limited to, all those defined as “police officer” in § 1911(a) of this title, who is authorized by law to make arrests;

b. A sheriff, deputy sheriff, constable, judicial assistant, court bailiff or other court security officer or court bailiff;

c. An employee of the Department of Correction, the Division of Parole and Probation or the Department of Youth Rehabilitative Services;

d. A special investigator or state detective with the Delaware Department of Justice, Office of the Attorney General; or

e. An armored car guard licensed pursuant to § 1317 or § 1320 of Title 24; and

(2) The other person is lawfully acting within the course and scope of that other person’s employment.

(b) A person who violates this section is guilty of a class C felony.
11 Del. C. § 907 — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 907
§ Â
        907. Criminal impersonation; class A misdemeanor.
Status: in_force

A person is guilty of criminal impersonation when the person:

(1) Impersonates another person and does an act in an assumed character intending to obtain a benefit or to injure or defraud another person; or

(2) Pretends to be a representative of some person or organization and does an act in a pretended capacity with intent to obtain a benefit or to injure or defraud another person; or

(3) Pretends to be a public servant, or wears or displays without authority any identification, uniform or badge by which a public servant is lawfully distinguished or identified.

Criminal impersonation is a class A misdemeanor.
11 Del. C. § 912 — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 912
§ Â
        912. Fraudulent receipt of public lands; class G felony.
Status: in_force

A person is guilty of fraudulent receipt of public lands when the person records any deed or other written instrument purporting to transfer to the person an interest in land any part of which is public lands of this State, when such person at the time of recording knows that the transferor had no legal or equitable interest in the land described in said instrument.

Fraudulent receipt of public lands is a class G felony.
11 Del. C. § 2006 — Delaware Code / Title 11 / Chapter 20 / Subchapter I / Section 2006
§ Â
        2006. Exception for individualâs refusal to be recorded electronically.
Status: in_force

(a) A custodial interrogation to which § 2003 of this title otherwise applies need not be recorded electronically if the individual to be interrogated indicates that the individual will not participate in the interrogation if it is recorded electronically. The individual’s agreement to participate without recording must be recorded in a written document that is signed by the individual.

(b) If, during a custodial interrogation to which § 2003 of this title otherwise applies, the individual being interrogated indicates that the individual will not participate in further interrogation unless electronic recording ceases, the remainder of the custodial interrogation need not be recorded electronically. The individual’s agreement to participate without recording must be recorded electronically.

(c) A law-enforcement officer, with intent to avoid the requirement of electronic recording in § 2003 of this title, may not encourage an individual to request that a recording not be made.
11 Del. C. § 9413 — Delaware Code / Title 11 / Chapter 94 / Subchapter I / Section 9413
§ Â
        9413. Information concerning confinement.
Status: in_force

(a) For purposes of this section, “department” means the Department of Correction or the Department of Services for Children, Youth and Their Families.

(b) The department shall notify a victim of the following regarding a defendant in the department’s custody:

(1) Projected release date.

(2) Release or release to a community-based program.

(3) A hearing date before the Board of Parole or the Board of Pardons.

(4) Escape from the custody of the department. When making a notification under this paragraph (b)(4), the department shall immediately notify all victims of the defendant by telephone or in-person.

(c) Upon the request of the victim, the the department shall provide the victim with the terms of a defendant’s probation, parole, or other condition of release and the defendant’s compliance or noncompliance with the sentence, probation, parole, or other conditions.
11 Del. C. § 4204A — Delaware Code / Title 11 / Chapter 42 / Section 4204A
§ Â
        4204A. Youth convicted in Superior Court.
Status: repealed

(a) [Repealed.]

(b) When a child who has not reached that child’s eighteenth birthday is sentenced in Superior Court to a period of incarceration, such sentence shall initially be served in a juvenile facility upon imposition of the sentence and such child shall remain in the custody of or be transferred forthwith to the Division of Youth Rehabilitative Services until the child’s eighteenth birthday, at which time such child shall be transferred forthwith to the Department of Correction to serve the remaining portion of said sentence.

(1) If a child has reached the child’s sixteenth birthday has been sentenced in Superior Court, the Department of Services for Children, Youth and Their Families (“The Department”) may file a motion in Superior Court to place the child in a secured detention facility other than a facility operated by the Department because the Department’s secured detention facilities are at or beyond capacity or the child poses a security risk to self or other youth served by the Department in the facilities it operates. If a motion is filed, Superior Court shall conduct an evidentiary hearing unless the parties reach an agreement.

(2) After an evidentiary hearing, the Superior Court may order the child to be placed in a secured detention facility not operated by the Department if the Court finds by clear and convincing evidence that the Department’s secured detention facilities are at or beyond capacity and the child’s safety or health is at risk by remaining at a facility operated by the Department. If the Court makes such a finding, the Department shall thereafter provide the Court with a status on the capacity of the Department’s secured detention facilities at least weekly, and no child may be held in a secured detention facility for adults for more than 30 days.

(3) After an evidentiary hearing, the Superior Court may order the child to be placed in a secured detention facility not operated by the Department if the Court finds by clear and convincing evidence that the child is a danger to self or other youth served by the Department in the facilities it operates and the child’s needs would be better served at a facility not operated by the Department.

(c) [Repealed.]

(d) (1) Notwithstanding any provision of this title to the contrary, any offender sentenced to an aggregate term of incarceration in excess of 20 years for any offense or offenses other than murder first degree that were committed prior to the offender’s eighteenth birthday shall be eligible to petition the Superior Court for sentence modification after the offender has served 20 years of the originally imposed Level V sentence.

(2) Notwithstanding any provision of this title to the contrary, any offender sentenced to a term of incarceration for murder first degree when said offense was committed prior to the offender’s eighteenth birthday shall be eligible to petition the Superior Court for sentence modification after the offender has served 30 years of the originally imposed Level V sentence.

(3) Notwithstanding any provision of this subsection or title to the contrary, any offender who has petitioned the Superior Court for sentence modification pursuant to this subsection shall not be eligible to submit a second or subsequent petition until at least 5 years have elapsed since the date on which the Court ruled upon the offender’s most recent petition. Further, the Superior Court shall have the discretion at the time of each sentence modification hearing to prohibit a subsequent sentence modification petition for a period of time in excess of 5 years if the Superior Court finds there to be no reasonable likelihood that the interests of justice will require another hearing within 5 years.

(4) Notwithstanding the provisions of § 4205 or § 4217 of this title, any court rule or any other provision of law to the contrary, a Superior Court Judge upon consideration of a petition filed pursuant to this subsection (d), may modify, reduce or suspend such petitioner’s sentence, including any minimum or mandatory sentence, or a portion thereof, in the discretion of the Court. Nothing in this section, however, shall require the Court to grant such a petitioner a sentence modification pursuant to this section.

(5) The Superior Court shall have the authority to promulgate appropriate rules to regulate the filing and litigation of sentence modification petitions pursuant to this paragraph.
11 Del. C. § 9418 — Delaware Code / Title 11 / Chapter 94 / Subchapter I / Section 9418
§ Â
        9418. Victimsâ Rights Fund.
Status: in_force

All fines collected under Chapter 48 of Title 21 shall be deposited into a Victims’ Rights Fund established within the State Treasurer’s Office. Proceeds of this Fund are to be used for the establishment of necessary infrastructure and systems development in support of victim notification initiatives.
11 Del. C. § 6530 — Delaware Code / Title 11 / Chapter 65 / Subchapter VI / Section 6530
§ Â
        6530. Classification committee; information.
Status: in_force

Immediately after a person who has been sentenced to 90 days or more of imprisonment is received at any institution under the jurisdiction of the Department, a classification committee shall obtain and file complete information with regard to such person. Similar records may be compiled on persons sentenced to less than 90 days, in accordance with rules and regulations of the Department. When all such existing available records have been assembled, each such classification committee shall determine whether or not any further investigation is necessary, and, if so, it shall make such additional investigation. Each classification committee shall determine and prescribe the custodial and rehabilitation program and the care for each person coming under its jurisdiction. The classification committee shall determine the persons who shall work and labor and shall assign persons to jobs, studies and programs according to their abilities and in the manner best calculated to effectuate their training and rehabilitation. Review for reclassification shall occur periodically in accordance with the Department’s regulations, or whenever the committee shall deem it advisable.
11 Del. C. § 1312A — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1312A
§ Â
        1312A. Stalking; class F felony [Transferred].
Status: in_force

Transferred to § 1312 of this title by 76 Del. Laws, c. 343, § 4, effective Oct. 14, 2008.
11 Del. C. § 8538 — Delaware Code / Title 11 / Chapter 85 / Subchapter II / Section 8538
§ Â
        8538. Unidentified deceased persons â Fingerprints.
Status: in_force

The Medical Examiner shall promptly furnish the Department of Safety and Homeland Security with copies of the fingerprints of each unidentified deceased person. The copies of such fingerprints shall be on standardized cards, and shall be accompanied by descriptions and other identifying data, including any available information concerning the date and place of death. In any instance where it is not physically possible to furnish prints of all 10 fingers, the prints or partial prints of any fingers, together with identifying data, shall be forwarded by the Medical Examiner to the Department.
11 Del. C. § 8802 — Delaware Code / Title 11 / Chapter 88 / Section 8802
§ Â
        8802. Employment of pensioners.
Status: in_force

An individual shall not receive a service or disability pension under this chapter for any month during which the individual is an employee as defined in § 8801 of this title, unless:

(1) The individual is a police officer who has retired from 1 county or municipal employer and has been appointed by the executive branch and confirmed by the legislative branch of a different county or municipal employer participating in the County Municipal Police/Firefighter Pension Plan; or

(2) The individual is a temporary employee whose earnings from such employment do not exceed the maximum allowed by Social Security without affecting Social Security benefits; and

(3) The individual’s employment under paragraphs (1) and (2) of this section is not pension creditable service time and may not be used to earn any retirement benefits in the Delaware County and Municipal Police/Firefighter Pension Plan.
11 Del. C. § 9405 — Delaware Code / Title 11 / Chapter 94 / Subchapter I / Section 9405
§ Â
        9405. Rights of victims; location, status, and preservation of biological evidence.
Status: in_force

(a) (1) A law-enforcement agency must submit all sexual assault kits to the Division of Forensic Science laboratory for analysis under Chapter 47 of Title 29, unless § 4713(g)(1)b. of Title 29 applies to the case connected to the SAK.

(2) Upon receipt of a sexual assault kit, the investigating law-enforcement agency shall do all of the following as soon as possible:

a. Contact the Division of Forensic Science to schedule an appointment to discuss the evidence collected and what will be submitted for testing.

b. Submit the SAK, and any additional evidence, to the Division of Forensic Science under § 4713A(a) of Title 29.

(b) Upon the request of a victim or the victim’s designee, the law-enforcement agency that is investigating the victim’s case shall inform the victim of any of the following:

(1) The location of biological samples, including the sexual assault kit, from the victim’s case.

(2) The status of the DNA testing of the biological samples from the victim’s case.

(c) A law-enforcement agency shall respond to the victim’s request under subsection (b) of this section as soon as possible, but no more than 7 calendar days after the request.

(d) In addition to the rights provided under §§ 9402 through 9404 of this title, a victim has the following rights:

(1) To be informed by the law-enforcement agency handling the case whether a DNA profile was obtained from the testing of the biological sample.

(2) To be informed whether the DNA profile developed from the biological evidence has been entered into the State DNA Index System (SDIS) or the National DNA Index System (NDIS) under § 4713 or § 4713A of Title 29.

(3) To be informed whether there is a match between the DNA profile developed from the biological sample and a DNA profile contained in SDIS or NDIS, if this disclosure would not impede or compromise an ongoing investigation.

(e) (1) If a law-enforcement agency or the Division of Forensic Science intends to destroy or dispose of a biological sample from an unsolved sexual assault case, the law-enforcement agency must provide the victim with written notice of the intent to destroy or dispose of the evidence at least 20 days before the evidence is destroyed or disposed.

(2) The written notice under paragraph (e)(1) of this section must explain that the victim may request that the biological sample or its probative contents be preserved and how the victim can make that request.

(3) If a victim requests that the biological sample or its probative contents be preserved, the law-enforcement must not destroy or dispose of the evidence.

(4) Paragraphs (e)(1) through (e)(3) of this section do not apply to information expunged under § 4713(i) of Title 29.

(f) A sexual assault victim may designate a sexual assault victim advocate, or other support person of the victim’s choosing, to act as a recipient of the information a law-enforcement agency is required to provide under this section.
11 Del. C. § 4351 — Delaware Code / Title 11 / Chapter 43 / Subchapter IV / Section 4351
§ Â
        4351. Witnesses; production of records.
Status: in_force

The Board may issue subpoenas requiring the attendance of such witnesses and the production of such records, books, papers and documents necessary for investigation of the case of any person before it. Subpoenas may be signed and oaths administered by any member of the Board. Subpoenas so issued may be served by Department employees or by any person authorized to serve subpoenas by the Rules of Civil Procedure of the Superior Court and shall be served and returned as provided by said Rules. The fees of witnesses shall be the same as allowed in the Superior Court and shall be paid by the State Treasurer from any moneys in the Treasury of the State not otherwise appropriated, upon a warrant signed by a member of the Board and its Secretary. Any person who testifies falsely or fails to appear when subpoenaed, or refuses to produce such material pursuant to the subpoena, shall be subject to the same orders and penalties to which a person before said Court is subject. The Superior Court, upon application of the Board, may in its discretion compel the attendance of witnesses, the production of such material and the giving of testimony before the Board, by an attachment for contempt or otherwise in the same manner as production of evidence may be compelled before such Superior Court.
11 Del. C. § 8365 — Delaware Code / Title 11 / Chapter 83 / Subchapter III / Section 8365
§ Â
        8365. Eligibility for disability pension.
Status: in_force

(a) A member who suffers a partial or total disability resulting from an individual and specific act the type of which would normally occur only while employed as a police officer shall be eligible for a duty-connected disability pension. If such act involves a traumatic event which directly causes an immediate cardiovascular condition which results in partial or total disability, the member shall be eligible for a partial or total duty-connected disability pension.

(b) A member with 5 years of credited service who suffers a partial or total disability and who is not eligible for a duty-connected disability pension shall be eligible for an ordinary partial or total disability pension.

(c) The determination of disability and its cause shall be made by the Board, or, if so delegated by the Board, by the Executive Secretary, after review of medical documentation submitted by the applicant in the form required by the Board.

(d) For the purposes of this section, whether a member is employed as an on-duty state trooper, as a municipal officer pursuant to a contract with the State, or on an authorized special duty function, the following duties shall be presumed to occur only while employed as a police officer, without limiting the scope of acts embraced by subsection (a) of this section:

(1) Engaging in a high-speed chase;

(2) Effecting an arrest (criminal or traffic);

(3) Pursuing a suspect (criminal or traffic);

(4) Patrolling (criminal or traffic);

(5) Directing traffic or removing traffic hazards;

(6) Assisting a civilian, for example, a motorist alongside of the highway or rendering aid in a life-threatening situation (fire, drowning);

(7) In-service training other than physical fitness;

(8) Performing police functions at a crime scene or in connection with the investigation thereof; or

(9) Being assaulted whether by a suspect, detainee, arrestee, prisoner or mental patient.
11 Del. C. § 6706 — Delaware Code / Title 11 / Chapter 67 / Section 6706
§ Â
        6706. Criteria for selection and classification by the Bureau.
Status: in_force

In order for a person to be eligible for selection by the Bureau for the boot camp program, such person shall:

(1) Not be subject to any of the exclusionary criteria under § 6705(b) or (c) of this title;

(2) Be at least 18 years of age at the time of sentencing;

(3) Have been sentenced to a period of incarceration of 5 years or less;

(4) In accordance with the Bureau’s assessment and determination, be physically and mentally capable of successfully completing the rigorous boot camp program; provided, however, no such assessment and/or determination shall be deemed as a waiver of any of the various immunity defenses or otherwise trigger a duty, obligation and/or liability on the Department or Bureau not presently provided under applicable law;

(5) Be a resident of the State; and

(6) Have a term of not less than 9 months, nor have more than 18 months remaining in Level V incarceration.
11 Del. C. § 8402A — Delaware Code / Title 11 / Chapter 84A / Section 8402A
§ Â
        8402A. Body-worn camera requirements.
Status: in_force

(a) In accordance with the regulations established in §§ 8404, 4321, and 9003 of this title, a police officer, a probation and parole officer of the Department of Correction assigned to a law-enforcement task force, and an employee of the Department of Services for Children, Youth, and Their Families designated as a special investigator or serious juvenile offender officer shall wear a body-worn camera while on duty in a role that is likely to result in interactions with the public.

(b) A police officer, a probation and parole officer of the Department of Correction assigned to a law-enforcement task force, and an employee of Department of Services for Children, Youth, and Their Families designated as a special investigator or serious juvenile offender officer required to wear a body-worn camera under subsection (a) of this section shall use the body-worn camera to record interactions with the public while on duty in accordance with the regulations established in §§ 8404, 4321, and 9003 of this title.

(c) The Department of Safety and Homeland Security, Office of Management and Budget, Department of Technology, Department of Justice, and Office of Defense Services shall work to implement a statewide body-worn camera program as funding is made available to procure body-worn cameras for law-enforcement officers where necessary, to establish a central data storage program to house body-worn camera footage, and to provide adequate personnel to administer the program.
11 Del. C. § 1905 — Delaware Code / Title 11 / Chapter 19 / Subchapter I / Section 1905
§ Â
        1905. Validity of arrest on improper grounds.
Status: in_force

If a lawful cause of arrest exists, the arrest is lawful even though the officer charges the wrong offense or gives a reason that does not justify the arrest.
11 Del. C. § 1333 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1333
§ Â
        1333. Trading in human remains and Associated Funerary Objects.
Status: in_force

(a) As used in this section:

(1) “Associated funerary objects” means an item of human manufacture or use that is intentionally placed with human remains at the time of interment in a burial site or later as a part of a death rite or ceremony of a culture, religion or group. “Associated funerary object” includes any gravestone, monument, tomb or other structure in or directly associated with a burial site.

(b) A person is guilty of trading in human remains and associated funerary objects when the person knowingly sells, buys or transports for sale or profit, or offers to buy, sell or transport for sale or profit, within this State, any unlawfully removed human remains or any associated funerary objects.

(c) The provisions of this section shall not apply to:

(1) Any person acting in the course of medical, archaeological, educational or scientific study authorized by an accredited educational institution or governmental entity; or

(2) A licensed mortician or other professional who transports human remains in the course of carrying out the individual’s professional duties and responsibilities.

(d) Nothing in this section shall be construed to interfere with the normal operation and maintenance of a public or private cemetery including correction of improper burial siting, and, with the consent of any person who would qualify as an heir of the deceased, moving the remains within a public or private cemetery.

Trading in human remains and associated funerary objects is a class B misdemeanor.
11 Del. C. § 1213 — Delaware Code / Title 11 / Chapter 5 / Subchapter VI / Section 1213
§ Â
        1213. Definitions relating to abuse of office.
Status: in_force

(a) The definitions under § 1209 of this title apply to §§ 1211 and 1212 of this title.

(b) As used in § 1211 of this title:

(1) “Protective hairstyle” includes braids, locks, and twists.

(2) “Race” includes traits historically associated with race, including hair texture and a protective hairstyle.
11 Del. C. § 8201 — Delaware Code / Title 11 / Chapter 82 / Section 8201
§ Â
        8201. Appointment and classification; primary duty.
Status: in_force

The Department of Safety and Homeland Security, hereinafter in this chapter referred to as “Department,” may appoint police officers whose primary duty shall be to compel the enforcement of all laws within the State. They shall be officially known and referred to as “Capitol Police.”
11 Del. C. § 9208 — Delaware Code / Title 11 / Chapter 92 / Section 9208
§ Â
        9208. Extra work as punishment prohibited.
Status: in_force

No law-enforcement officer shall be compelled to work extra duty without compensation as a penalty for a disciplinary infraction. No suspension for any period of time provided in departmental rules and regulations shall affect the law-enforcement officer’s eligibility for pension, hospitalization, medical and life insurance coverage or other benefits specifically protected under the contract of employment. Suspension may affect time of pension eligibility by contractual provision or other statutory provision. Nothing herein shall prevent any law-enforcement agency from requiring reimbursement by a suspended law-enforcement officer of the officer’s employee contribution to benefits during the officer’s time of suspension.
11 Del. C. § 9015 — Delaware Code / Title 11 / Chapter 90 / Section 9015
§ Â
        9015. Assignment and subrogation.
Status: in_force

(a) Awards and recoveries granted under this chapter shall not be transferable or assignable, at law or in equity, and none of the money paid or payable under this chapter shall be subject to execution, levy, attachment, garnishment or other legal process, or to the operation of any bankruptcy or insolvency law.

(b) There shall be no substitution or subrogation, whether conventional or legal, of any indebtedness or right of action by virtue of any claim of guarantee or surety, agency, lien, payments or advances made, or any claim made by the person convicted of the act giving rise to any compensation awarded under this chapter.
11 Del. C. § 2114 — Delaware Code / Title 11 / Chapter 21 / Section 2114
§ Â
        2114. Administration of this chapter [Effective until July 1, 2026].
Status: in_force

(a) The Department of Correction shall administer the provisions of this chapter that are not exclusively within the jurisdiction of the judiciary.

(b) The Commissioner of the Department of Correction may employ such staff as may be necessary to implement this chapter.

(c) The Department of Correction may investigate the release of persons charged with criminal offenses and otherwise advise and assist the courts in carrying out the purposes of this chapter. The Department of Correction shall provide pretrial supervision to released defendants when ordered by the court and shall report such defendants’ compliance or noncompliance with conditions of pretrial release when necessary to carry out the purposes of this chapter. The Department of Correction may request modification of conditions of pretrial release. Each court shall establish rules and procedures for timely disposition of reports of noncompliance with conditions of pretrial release and requests for modification of conditions of pretrial release.

(d) The Department of Correction shall have the power necessary to carry out the purposes of this chapter, including the following:

(1) The Department of Correction may adopt standard conditions for the supervision of defendants ordered to pretrial supervision and may modify conditions of supervision as necessary to address technical or minor violations of conditions of pretrial release. The imposition of standard or modified conditions shall be limited to those conditions necessary to provide a reasonable assurance of the appearance of the defendant at court proceedings, the protection of the community, victims, witnesses or any other person, and to maintain the integrity of the judicial process. These conditions shall apply when not contrary to any other specific conditions imposed by the court.

(2) The Department of Correction may adopt standards concerning pretrial supervision through home confinement. The Department of Correction is authorized to supervise defendants released pretrial on home confinement without the use of any specific electronic equipment, so long as sufficient and reasonable methods for ensuring compliance with the terms of house arrest are employed.

(3) The Department of Correction is authorized to use electronic monitoring systems and any new or emerging monitoring technology that will assist in the supervision of defendants released pretrial.

(e) The court, when notified by the Department of Correction of a violation of pretrial release, may issue a summons or a warrant for the arrest of a defendant for violating any condition of pretrial release.

(f) The Commissioner of the Department of Correction or any probation officer, acting in performance of the Commissioner's or the probation officer's duties, under exigent circumstances may arrest a supervised defendant without a warrant when in the judgment of the Commissioner or probation officer the supervised defendant has violated any material condition of pretrial release. The Commissioner or probation officer may deputize any other officer with power of arrest to do so by giving that officer a written statement setting forth in what manner the supervised defendant has in the judgment of the Commissioner or the probation officer violated a material condition of pretrial release. When an arrest is made by a probation officer or the Commissioner, the officer shall present to the detaining authority a written statement of the circumstances of violation.

(g) Upon arrest and detention, the Commissioner or probation officer shall notify the court of jurisdiction forthwith and shall submit to the court a written report showing in what manner the defendant has violated the conditions of pretrial release.(a) The Department of Correction shall administer the provisions of this chapter that are not exclusively within the jurisdiction of the courts.

(b) The Commissioner of the Department of Correction may employ such staff as may be necessary to implement this chapter.

(c) The Department of Correction may investigate the release of persons charged with criminal offenses and otherwise advise and assist the courts in carrying out the purposes of this chapter. The Department of Correction shall provide pretrial supervision to released defendants when ordered by the court and shall report such defendants’ compliance or noncompliance with conditions of pretrial release when necessary to carry out the purposes of this chapter. The Department of Correction may request modification of conditions of pretrial release. Each court shall establish rules and procedures for timely disposition of reports of noncompliance with conditions of pretrial release and requests for modification of conditions of pretrial release.

(d) The Department of Correction shall have the power necessary to carry out the purposes of this chapter, including all of the following:

(1) The Department of Correction may adopt standard conditions for the supervision of defendants ordered to pretrial supervision and may modify conditions of supervision as necessary to address technical or minor violations of conditions of pretrial release. The imposition of standard or modified conditions must be limited to those conditions necessary to reasonably assure the appearance of the defendant at court proceedings, reasonably assure the protection of the community, victims, witnesses, or any other person, and reasonably maintain the integrity of the judicial process, such that the defendant will not obstruct or attempt to obstruct justice. These conditions apply when not contrary to any other specific conditions imposed by the court.

(2) The Department of Correction may adopt standards concerning pretrial supervision through home confinement. The Department of Correction is authorized to supervise defendants released pretrial on home confinement without the use of any specific electronic equipment, so long as sufficient and reasonable methods for ensuring compliance with the terms of house arrest are employed.

(3) The Department of Correction is authorized to use electronic monitoring systems and any new or emerging monitoring technology that will assist in the supervision of defendants released pretrial.

(e) The court, when notified by the Department of Correction of a violation of pretrial release, may issue a summons or a warrant for the arrest of a defendant for violating any condition of pretrial release.

(f) The Commissioner of the Department of Correction or any probation officer, acting in performance of the Commissioner's or the probation officer's duties, under exigent circumstances may arrest a supervised defendant without a warrant when in the judgment of the Commissioner or probation officer the supervised defendant has violated any material condition of pretrial release. The Commissioner or probation officer may deputize any other officer with power of arrest to do so by giving that officer a written statement setting forth in what manner the supervised defendant has in the judgment of the Commissioner or the probation officer violated a material condition of pretrial release. When an arrest is made by a probation officer or the Commissioner, the officer shall present to the detaining authority a written statement of the circumstances of violation.

(g) Upon arrest and detention, the Commissioner or probation officer shall notify the court of jurisdiction forthwith and shall submit to the court a written report showing in what manner the defendant has violated the conditions of pretrial release.

(h) When the Commissioner or probation officer alleges noncompliance with material conditions of pretrial release, pursuant to subsection (f) of this section, a probation officer shall take the defendant directly before the court of jurisdiction if that court is in session or take the defendant before a magistrate. The hearing may be summary in nature.

(i) The Criminal Justice Council shall submit a report to the General Assembly on an annual basis, beginning January 30, 2019, regarding the modernization of the pretrial system, including a report of data related to pretrial success rates.a probation officer or the Commissioner, the officer shall present to the detaining authority a written statement of the circumstances of violation.

(g) Upon arrest and detention, the Commissioner or probation officer shall notify the court of jurisdiction forthwith and shall submit to the court a written report showing in what manner the defendant has violated the conditions of pretrial release.

(h) When the Commissioner or probation officer alleges noncompliance with material conditions of pretrial release, pursuant to subsection (f) of this section, a probation officer shall take the defendant directly before the court of jurisdiction if that court is in session or take the defendant before a magistrate. The hearing may be summary in nature.

(i) Beginning on January 30, 2019, the Criminal Justice Council shall submit a report to all of the following on an annual basis regarding the modernization of the pretrial system, including a report of data related to pretrial success rates:

(1) The President Pro Tempore and Secretary of the Senate, for distribution to all Senators.

(2) The Speaker and Chief Clerk of the House of Representatives, for distribution to all Representatives.

(3) The Director and Librarian of the Division of Legislative Services.

(4) The Director of the Delaware Public Archives.