11 Del. C. § 4206 — Delaware Code / Title 11 / Chapter 42 / Section 4206
§ Â
        4206. Sentence for misdemeanors.
Status: in_force

(a) The sentence for a class A misdemeanor may include up to 1 year incarceration at Level V and such fine up to $2,300, restitution or other conditions as the court deems appropriate.

(b) The sentence for a class B misdemeanor may include up to 6 months incarceration at Level V and such fine up to $1,150, restitution or other conditions as the court deems appropriate.

(c) The sentence for an unclassified misdemeanor shall be a definite sentence fixed by the court in accordance with the sentence specified in the law defining the offense. If no sentence is specified in such law, the sentence may include up to 30 days incarceration at Level V and such fine up to $575, restitution or other conditions as the court deems appropriate. Notwithstanding the foregoing, in any municipality with a population greater than 50,000 people, any offense under the building, housing, health or sanitation code which is classified therein as a misdemeanor, the sentence for any person convicted of such a misdemeanor offense shall include the following fines and may include restitution or such other conditions as the court deems appropriate:

(1) For the first conviction: no less than $250, nor more than $1,000;

(2) For the second conviction for the same offense; no less than $500, nor more than $2,500; and

(3) For all subsequent convictions for the same offense: no less than $1,000 nor more than $5,000.

In any municipality with a population greater than 50,000 people, a conviction for a misdemeanor offense, which is defined as a “continuing” or “ongoing” violation, shall be considered a single conviction for the purposes of paragraphs (c)(1)-(3) of this section. For all convictions subsequent to the second, the minimum fines required herein shall not be suspended, but such amounts imposed over the minimum may be suspended or subject to such other conditions as the court deems appropriate. The provisions of this subsection relating to municipalities with a population greater than 50,000 people shall not apply to offenses or convictions involving single family residences that are occupied by an owner of the property.

(d) The court may suspend any sentence imposed under this section for probation or any of the other sanctions set forth in § 4204 of this title.

(e) Any term of Level V incarceration imposed under this section must be served in its entirety at Level V, reduced only for earned “good time” as set forth in § 4381 of this title.

(f) No term of Level V incarceration imposed under this section shall be served in other than a full custodial Level V institutional setting unless such term is suspended by the court for such other level sanction.

(g) The Department of Correction, the remainder of this section notwithstanding, may house Level V inmates at a Level IV work release center or halfway house during the last 180 days of their sentence; provided, however, that the first 5 days of any sentence to Level V, not suspended by the court, must be served at Level V.

(h) The Department of Correction, the remainder of this section notwithstanding, may grant Level V inmates 48-hour furloughs during the last 120 days of their sentence to assist in their adjustment to the community.

(i) Any sentence for issuing a worthless check pursuant to § 900 of this title shall require restitution to the person to whom the check was given. For the purposes of this subsection, restitution shall mean the amount for which the check was written plus a service fee of $30 for processing a worthless check, or a fee of $50 if more than 1 check by same person was processed.

(j) In all sentences for less than 1 year the court may order that more than 5 days be served in Level V custodial setting before the Department may place the offender in Level IV custody.
11 Del. C. § 8363 — Delaware Code / Title 11 / Chapter 83 / Subchapter III / Section 8363
§ Â
        8363. Eligibility for service pension.
Status: in_force

(a) A member shall become eligible to receive a service pension, after the member has terminated employment, beginning with the month when:

(1) The member has 10 years of credited service, and has attained age 62; or

(2) The member’s age plus credited service (but not less than 10 years) equals 75; or

(3) The member has 10 years of service and is retired due to age, pursuant to § 8361 of this title; or

(4) The member has 20 years of credited service.

(b) An inactive member with a vested right to a service pension shall become eligible to receive such pension, computed in accordance with this subchapter in effect when the member ceased to be an employee, beginning with the first month after attainment of age 62.

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

(d) Any member of the Delaware River and Bay Authority Police Department, the University of Delaware Police Department or a municipal police department not covered under § 8351(6) of this title who is subsequently employed by the Delaware State Police may receive credit for such previous service upon payment to the Fund, on or before the date of issuance of the individual’s first benefit check, of a single lump sum payment equal to the actuarial value of the pension benefits to be derived from such service credits compiled on the basis of actuarial assumptions approved by the Board and the individual’s attained age and final average compensation.
11 Del. C. § 3105 — Delaware Code / Title 11 / Chapter 31 / Section 3105
§ Â
        3105. Description of money.
Status: in_force

When money, whether coins or paper money, is the subject of larceny, it shall be sufficient to describe the same in the indictment or information as “money of the aggregate value of . . . dollars.”

In any indictment or information the words “money,” “dollars” or “cents” shall be construed to mean lawful money of the United States.
11 Del. C. § 8583A — Delaware Code / Title 11 / Chapter 85 / Subchapter VII-A / Section 8583A
§ Â
        8583A. Cancellation of a Green Alert.
Status: in_force

(a) The investigating law-enforcement agency shall notify the designated media outlets when a Green Alert has been cancelled.

(b) A law-enforcement agency that locates a missing member of the armed forces who is the subject of a Green Alert shall notify Delaware Criminal Justice Information System, the National Crime Information Center, and the Delaware Information and Analysis Center as soon as possible that the missing member of the armed forces has been located.
11 Del. C. § 931 — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 931
§ Â
        931. Definitions.
Status: in_force

As used in this subpart:

(1) “Access” means to instruct, communicate with, store data in or retrieve data from a computer, computer system or computer network.

(2) “Commercial electronic mail” or “commercial e-mail” means any electronic mail message that is sent to a receiving address or account for the purposes of advertising, promoting, marketing or otherwise attempting to solicit interest in any good service or enterprise.

(3) “Computer” means a programmable, electronic device capable of accepting and processing data.

(4) “Computer network” means:

a. A set of related devices connected to a computer by communications facilities;

b. A complex of 2 or more computers, including related devices, connected by communications facilities; or

c. The communications transmission facilities and devices used to interconnect computational equipment, along with control mechanisms associated thereto.

(5) “Computer program” means a set of instructions, statements or related data that, in actual or modified form, is capable of causing a computer or computer system to perform specified functions.

(6) “Computer services” includes, but is not limited to, computer access, data processing and data storage.

(7) “Computer software” means 1 or more computer programs, existing in any form, or any associated operational procedures, manuals or other documentation.

(8) “Computer system” means a computer, its software, related equipment and communications facilities, if any, and includes computer networks.

(9) “Data” means information of any kind in any form, including computer software.

(10) “Electronic mail” or “e-mail” means any message that is automatically passed from an originating address or account to a receiving address or account;

(11) “Electronic mail service provider” means any person who:

a. Is an intermediary in sending and receiving electronic mail; and

b. Provides to end-users of electronic mail services the ability to send or receive electronic mail.

(12) The “Internet” is a hierarchy of computer networks and systems that includes, but is not limited to, commercial (.com or .co), university (.ac or .edu) and other research networks (.org, .net) and military (.mil) networks and spans many different physical networks and systems around the world.

(13) “Person” means a natural person, corporation, trust, partnership, incorporated or unincorporated association and any other legal or governmental entity, including any state or municipal entity or public official.

(14) “Private personal data” means data concerning a natural person which a reasonable person would want to keep private and which is protectable under law.

(15) “Property” means anything of value, including data.

(16) “Originating address” or “originating account” means the string used to specify the source of any electronic mail message (e.g. company@sender.com);

(17) “Receiving address” or “receiving account” means the string used to specify the destination of any electronic mail message (e.g. person@receiver.com);
11 Del. C. § 8803 — Delaware Code / Title 11 / Chapter 88 / Section 8803
§ Â
        8803. Garnishment and assignment of benefits prohibited.
Status: in_force

Except for orders of the Delaware Family Court for a sum certain payable on a periodic basis, the benefits provided by this chapter shall not be subject to attachment or execution and shall be payable only to the beneficiary designated and shall not be subject to assignment or transfer.
11 Del. C. § 5103 — Delaware Code / Title 11 / Chapter 51 / Subchapter I / Section 5103
§ Â
        5103. Assignment of counsel.
Status: in_force

(a) The Superior Court shall assign counsel to any person on trial for murder, manslaughter or any offense punishable by death, or the offense of being an accomplice or accessory to any such crime, if such person is unable to obtain counsel.

(b) The Court may assign counsel to any person in any criminal prosecution as provided by the Rules of Criminal Procedure for the Superior Court.
11 Del. C. § 854 — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 854
§ Â
        854. Identity theft; class D felony.
Status: in_force

(a) A person commits identity theft when the person knowingly or recklessly obtains, produces, possesses, uses, sells, gives or transfers personal identifying information belonging or pertaining to another person without the consent of the other person and with intent to use the information to commit or facilitate any crime set forth in this title.

(b) A person commits identity theft when the person knowingly or recklessly obtains, produces, possesses, uses, sells, gives or transfers personal identifying information belonging or pertaining to another person without the consent of the other person, thereby knowingly or recklessly facilitating the use of the information by a third person to commit or facilitate any crime set forth in this title.

(c) For the purposes of this section, “personal identifying information” includes name, address, birth date, Social Security number, driver’s license number, telephone number, financial services account number, savings account number, checking account number, payment card number, identification document or false identification document, electronic identification number, educational record, health care record, financial record, credit record, employment record, e-mail address, computer system password, mother’s maiden name or similar personal number, record or information.

(d) Identity theft is a class D felony.

(e) When a person is convicted of or pleads guilty to identity theft, the sentencing judge shall order full restitution for monetary loss, including documented loss of wages and reasonable attorney fees, suffered by the victim.

(f) Prosecution under this section does not preclude prosecution or sentencing under any other section of this Code.
11 Del. C. § 233 — Delaware Code / Title 11 / Chapter 2 / Section 233
§ Â
        233. Definition and classification of offenses.
Status: in_force

(a) “Crime” or “offense” means an act or omission forbidden by a statute of this State and punishable upon conviction by:

(1) Imprisonment; or

(2) Fine; or

(3) Removal from office; or

(4) Disqualification to hold any office of trust, honor or profit under the State; or

(5) Other penal discipline.

(b) An act or omission is forbidden by a statute of this State if a statute makes the act or omission punishable by any form of punishment mentioned in subsection (a) of this section.

(c) An offense is either a felony, a misdemeanor or a violation. Any offense not specifically designated by law to be a felony or a violation is a misdemeanor.
11 Del. C. § 9104 — Delaware Code / Title 11 / Chapter 91 / Section 9104
§ Â
        9104. Board as exclusive escrow agent.
Status: in_force

Notwithstanding any other provisions of law, the Board shall have exclusive jurisdiction and control, as escrow agent, over any moneys subject to this chapter. No distribution of moneys in such escrow accounts shall be made except by determination and order of the Board.
11 Del. C. § 863 — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 863
§ Â
        863. Forgery and related offenses; definition.
Status: in_force

“Written instrument” means any instrument or article containing written or printed matter or the equivalent thereof, used for the purpose of reciting, embodying, conveying or recording information or constituting a symbol or evidence of value, right, privilege or identification.
11 Del. C. § 8537 — Delaware Code / Title 11 / Chapter 85 / Subchapter II / Section 8537
§ Â
        8537. Unidentified deceased persons â Duties of law-enforcement agency.
Status: in_force

A law-enforcement agency shall do all of the following:

(1) Acquire, collect, classify, and preserve any information that would assist in the identification of any deceased individual who has not been identified after the discovery of the deceased individual.

(2) Acquire, collect, classify, and preserve immediately any information that would assist in the location of any missing person, including any child, and provide confirmation as to any entry to the parent, guardian, legal custodian, or next of kin; and the agency shall acquire, collect, classify, and preserve the information as it deems necessary from each parent, guardian, legal custodian, or next of kin.

(3) Exchange the records and information as are provided for in this section with other law-enforcement agencies of this State, of any other state, or of the United States. With respect to missing children, the records and information must be transmitted immediately to other law-enforcement agencies.
11 Del. C. § 1111 — Delaware Code / Title 11 / Chapter 5 / Subchapter V / Section 1111
§ Â
        1111. Possession of child pornography; class F felony.
Status: in_force

A person is guilty of possession of child pornography when:

(1) The person knowingly possesses any visual depiction of a child engaging in a prohibited sexual act or in the simulation of such an act; or

(2) The person knowingly possesses any visual depiction which has been created, adapted, modified or edited so as to appear that a child is engaging in a prohibited sexual act or in the simulation of such an act.

Possession of child pornography is a class F felony.
11 Del. C. § 855 — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 855
§ Â
        855. Theft; indictment and proof.
Status: in_force

(a) Every prosecution for theft shall be based upon § 841 of this title.

(b) The defendant may be found guilty of theft if the defendant’s conduct falls within any of the sections defining theft. Proof of any conduct constituting theft is sufficient to support an indictment or information charging theft, provided that the conduct proved is sufficiently related to the conduct charged that the accused is not unfairly surprised by the case the accused must meet.

(c) When theft or any related offense is committed in violation of this title pursuant to 1 scheme or continuous course of conduct, whether from the same or several sources, the conduct may be considered as 1 offense and the value of the property or services aggregated in determining whether the theft is a felony or misdemeanor. For purposes of this subsection, related offenses shall include, but are not limited to, violations of §§ 861, 900 and 903 of this title.
11 Del. C. § 1344 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1344
§ Â
        1344. Prostitution and patronizing a prostitute; no defense.
Status: in_force

In any prosecution for prostitution it is no defense that the persons were of the same sex, or that the person who received, agreed to receive or solicited a fee was a male and the person who paid, agreed or offered to pay the fee was a female.
11 Del. C. § 9406 — Delaware Code / Title 11 / Chapter 94 / Subchapter I / Section 9406
§ Â
        9406. Safety of victim [Transferred].
Status: in_force

Transferred to §§ 9403, 9410 of this title by 85 Del. Laws, c. 142, § 1, effective Aug. 20, 2025.
11 Del. C. § 4212 — Delaware Code / Title 11 / Chapter 42 / Section 4212
§ Â
        4212. Definitions relating to ÂÂâ4210 and 4211.
Status: in_force

For the purposes of §§ 4210 and 4211 of this title, the following words and phrases shall have the meanings respectively ascribed to them:

(1) “Chronic alcoholic” shall mean a person who compulsively and habitually uses alcoholic beverages to the extent that they injure the person’s health and interfere with the person’s social and economic functioning.

(2) “Detoxification center” shall mean a medical facility, approved by the Department of Health and Social Services, or its successor, which shall provide appropriate medical services for intoxicated persons, including initial examination, diagnosis and temporary treatment.

(3) “Intoxicated person” shall mean a person whose powers of self-control have been substantially impaired because of the consumption of alcohol.

(4) “Sobriety” shall mean an individual’s state of being when not under the influence of alcohol.

(5) “Valid consent” shall mean the voluntary giving of assent to testing procedures by a legally competent person; in the case of a minor or incompetent, such assent shall be obtained from a parent or guardian of the individual or in the absence of either, a person in loco parentis, to undergo testing.
11 Del. C. § 8818 — Delaware Code / Title 11 / Chapter 88 / Section 8818
§ Â
        8818. Amount of ordinary service pension.
Status: in_force

The amount of the monthly ordinary service pension payable to a retired member shall be the sum of 2.5% of final average compensation multiplied by years of service up to 20 years inclusive, plus 3.5% of final average compensation multiplied by years of service above 20 years.
11 Del. C. § 6535 — Delaware Code / Title 11 / Chapter 65 / Subchapter VII / Section 6535
§ Â
        6535. Discipline.
Status: in_force

The Department shall promulgate rules and regulations for the maintenance of good order and discipline in the facilities and institutions of the Department, including procedures for dealing with violations. Prisoners of the Department shall have access to those portions of the disciplinary rules that apply to them, at places and times deemed reasonable and appropriate by the Commissioner. There shall be a record of charges of infractions by inmates, any punishments imposed and of medical inspections made.
11 Del. C. § 6537 — Delaware Code / Title 11 / Chapter 65 / Subchapter VII / Section 6537
§ Â
        6537. Inmate contacts outside institution.
Status: in_force

(a) The Department shall authorize, under reasonable conditions, visits to, and correspondence with, inmates by relatives, friends and others and temporary release of inmates for such occasions as the death of a member of the inmate’s family, or interview of the inmate by a prospective employer.

(b) With the exception of the authority granted under § 4205(h) and (l) of this title, the Department shall have no authority to place any person convicted of a class A felony, during the first 10 years of said sentence, or of any class A or B felony sex offense or C felony sex offense, during the first 10 years of said sentence, or any person sentenced pursuant to § 4204(k) of this title on any program or status beyond the confines of a secured institution to which the person must be classified. In the event of the death or serious illness of an immediate family member, or a similar emergency, the Commissioner of Correction shall have the authority to permit such person an escorted visit within the State under strict security. In the event that there exists extraordinary circumstances, excluding emergency situations authorized by the Commissioner pursuant to the previous sentence of this subsection, and the Commissioner of Correction agrees, the Commissioner may petition the Superior Court, after notice to the Attorney General, for permission to exempt an individual from the limitations contained in this section.
11 Del. C. § 6531A — Delaware Code / Title 11 / Chapter 65 / Subchapter VI / Section 6531A
§ Â
        6531A. Education programs.
Status: in_force

(a) The Department of Education and the Department of Correction shall be jointly responsible for the administration of a prison education program. The Department of Correction and the Department of Education shall work collaboratively through designated agency contracts to accomplish this task.

(b) The Department of Education and the Department of Correction shall be responsible for the oversight and management of the prison education program, including academic courses leading towards a high school diploma, life skills, special education, media resource services and vocational technical courses. The Department of Education shall be responsible for the establishment of rules and regulations regarding the administration of academic and vocational programs within the prison education program. The Department of Education shall be responsible for hiring teachers to provide instruction in these programs. The Department of Education shall further supervise these employees, who shall be considered employees of the Department of Education and are subject to all rules and regulations of the Department. Employees who are assigned to the prison education program as teachers that have remained Department of Correction employees shall be supervised by the Department of Education. Teachers who were employees at the time this legislation is enacted, that work for the Department of Correction, shall have the right to transfer to the Department of Education each year upon notification to the Department of Education by April 15 and such transfer shall become effective July 1 of that year. Any position transfer made pursuant to this section shall become permanent. If a remaining Department of Correction teacher position becomes vacant, the position and the associated funding shall be transferred to the Department of Education. Any Department of Education employee working in the prison education program and whose permanent work assignment location resides within or on the campus of a Department of Correction Level 5 or Level 4 facility must submit to the same random drug testing procedure required of Department of Correction employees.

(c) The Department of Correction through the wardens of each facility shall be responsible for classifying offenders in and out of the prison education program, providing dedicated facilities that accommodate the educational needs, and disciplining inmates who have displayed inappropriate behavior in the prison education program. The Department of Correction shall conduct security and background checks on all potential prison education personnel and notify the Department of Education as to the results of that security check.

(d) When the Department of Education shall make prison education programs available to inmates at a correctional facility, inmates at such facility who are eligible, in accordance with rules and regulations established under subsections (b) and (c) of this section, shall be required to enroll in and attend such courses.

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

(f) The Department of Education shall continue to provide funding through its discretionary federal special education funds for a portion of the education costs associated with prison inmates aged 18 to 21 years who qualify for special education.
11 Del. C. § 1474 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1474
§ Â
        1474. Detention and questioning of person suspected of violating Ââ1471 of this title; limitations on liability; posting of notice.
Status: in_force

(a) Any video lottery agent, licensee, or that video lottery agent’s or licensee’s officers, employees or agents may question any person at the video lottery agent’s or licensee’s video lottery facility suspected of violating any of the provisions of § 1471 of this title. No video lottery agent or any of that video lottery agent’s officers, employees or agents is criminally or civilly liable:

(1) On account of any such questioning; or

(2) For reporting to the Delaware Lottery, Division of Gaming Enforcement or appropriate law-enforcement authorities the person suspected of the violation.

(b) Any video lottery agent or any of its officers, employees or agents who has probable cause for believing that there has been a violation of § 1471 of this title in a video lottery facility, including its parking areas and/or adjacent facilities, by any person may take that person into custody and detain that person in the video lottery facility in a reasonable manner and for a reasonable length of time while awaiting the arrival of law-enforcement officials, who shall be summoned without delay. Such a taking into custody and detention does not render the video lottery agent or that video lottery agent’s officers, employees or agents criminally or civilly liable unless it is established by clear and convincing evidence that the taking into custody and detention are unreasonable under all the circumstances.

(c) No video lottery agent or its officers, employees or agents is entitled to the immunity from liability provided for in subsection (b) of this section unless there is displayed in a conspicuous place in the video lottery facility a notice in boldface type clearly legible and in substantially this form:

“Any video lottery agent, or any of that video lottery agent’s officers, employees or agents who has probable cause for believing that any person has violated any provision of § 1471 of Title 11 may detain that person in this facility.”
11 Del. C. § 8402 — Delaware Code / Title 11 / Chapter 84 / Section 8402
§ Â
        8402. Members of Commission.
Status: in_force

(a) The Commission shall be composed of 17 members.

(b) The Commission shall be composed of the following members:

(1) A chairperson to be appointed by and to serve at the pleasure of the Governor. The chairperson must have substantial practical experience in the field of law enforcement.

(2) Attorney General.

(3) The Superintendent of the Delaware State Police.

(4) The Chief of the City of Wilmington Police.

(5) The Chief of the New Castle County Police Department.

(6) The Chief of the City of Dover Police Department.

(7) The Chief of the City of Newark Police Department.

(8) The Secretary of Education.

(9) The President of the Delaware League of Local Governments.

(10) The mayor of an incorporated municipality in Kent County, to be appointed by the Governor.

(11) The mayor of an incorporated municipality in Sussex County, to be appointed by the Governor.

(12) The chairperson of the Delaware Association of Chiefs of Police.

(13) The chair of Public Safety Committee of the House of Representatives.

(14) The chair of the Corrections and Public Safety Committee of the Senate.

(15) Three members of the public appointed by the Governor as follows:

a. One religious leader from the community who has experience with reentry.

b. Two members of the community who have been impacted directly or are immediate family members or caregivers of those impacted by the juvenile or adult criminal justice system.

(c) Except for the chairperson, members appointed by the Governor may not be a current or former member of law enforcement or affiliated with law enforcement. The Governor shall consider nonbinding recommendations from the NAACP, Delaware Center for Justice, and other nonprofit organizations for the public members appointed under paragraph (b)(15) of this section.

(d) Members appointed by the Governor, except for the chairperson, shall serve for a 3-year term and may be reappointed for 1 additional term. Each term of office shall expire on the date specified in the appointment; however, the board member shall remain eligible to participate in board proceedings unless and until replaced by the Governor. Initial appointments may be for terms of less than 3 years in order to stagger the terms of the appointed members. The Governor shall consider geographic diversity in appointing public members to the Commission.

(e) Members appointed to the Commission, except for the chairperson, who have never served on the Commission may be appointed to the Commission for 2 consecutive terms, but no such person shall thereafter be eligible for 2 consecutive appointments. No public member who has been twice appointed to the Commission or who has served on the Commission for 6 years within any 9-year period shall again be appointed to the Commission until an interim period of at least 3 years has expired since such person last served.
11 Del. C. § 9009 — Delaware Code / Title 11 / Chapter 90 / Section 9009
§ Â
        9009. Administrative provisions; compensation.
Status: repealed

A claimant, including an estate, may file a claim with the Agency for indemnification of all pecuniary loss:

(1) If a claim is approved, the award must be the amount of pecuniary loss minus the amount the claimant has received or will receive as indemnification from any other source, including any applicable insurance.

(2) In the event of a death caused by a crime , a person who legally or voluntarily assumes the obligation to pay the medical or burial expenses incurred as a direct result of the injury and death is eligible to file a claim with the Agency. This provision for payment in case of death does not apply to any insurer or public entity.

(3) The Agency is not compelled to provide compensation in any case, nor is it compelled to award the full amount claimed. The Agency may make its award of compensation dependent on conditions it deems desirable.

(4)-(6) [Repealed.]

(7) Payment may be made in accordance with this chapter, whether or not the alleged perpetrator of the criminal act is prosecuted or convicted, in the discretion of the Agency. Payment may be made even though the person committing the crime is legally deemed to not have intended the act by reason of age, insanity, drunkenness, or is otherwise deemed legally incapable of mens rea.

(8) Upon determination of the Agency of the amount of compensation due, the Agency shall request payment be issued by the Delaware State Treasurer in accordance with the State of Delaware Budget and Accounting Manual or any succeeding document.

(9) A person whose domicile is in Delaware and who is the victim or secondary victim of a crime that occurs in another state, possession, or territory of the United States may make an application for compensation if both of the following are true:

a. The crimes would be compensable had they occurred in Delaware.

b. The placement of the crime occurred in states, possessions, or territories of the United States not having eligible crime victim compensation programs that provide benefits equal to the benefits provided under this chapter.

(10) Where compensation has been paid to a claimant, the Agency may not reopen or reinvestigate a case after 2 years from the date of the last payment by the Agency, or 1 year from the date the award was rendered if no payment has been made, except where the Agency in its discretion determines that the circumstances render this requirement unreasonable. Where compensation has been denied to a claimant, reopening and reinvestigation must be limited to the circumstances set forth in Superior Court Civil Rule 60.

(11) Notwithstanding the provision of paragraph (10) of this section and § 9010(a)(3), (4), and (5) of this title to the contrary, the Agency may make an award for the payment of mental health counseling services under this chapter on a claim made by the victim of a crime that occurred before the victim’s eighteenth birthday so long as the occurrence of the crime is appropriately documented, and the claim is filed before the victim’s twentieth birthday. The Agency may also, upon good cause shown, permit a victim whose claim had previously been decided by the Agency to request that such claim be reopened for the purpose of making an award for the payment for mental health counseling services, and the Agency may reopen or reinvestigate the case and award such compensation, if the victim had not yet reached that victim’s eighteenth birthday by the date of the Agency’s original decision, and provided that the request for reopening is filed before the victim’s twentieth birthday. However, the foregoing limitations in this paragraph (11) regarding the victim’s twentieth birthday do not apply in cases of crimes involving sexual assault or abuse.

(12) Notwithstanding any provision to the contrary, the Agency may not limit acceptance or consideration of any applications arising from sexual assault or abuse of a child which may have otherwise been barred from consideration by a statute of limitations.

(13) a. Notwithstanding the provisions of paragraph (10) of this section or any other provisions of this chapter to the contrary, if any of the following apply, a victim or secondary victim of the crime committed by the offender may apply for reimbursement as set forth in paragraph (13)b. of this section:

1. Further investigation into a previously reported crime is initiated by a law-enforcement agency.

2. An offender appears in any judicial or administrative proceeding regarding a criminal charge, conviction, or sentence, including a trial, appeal, postconviction relief, mediation, penalty, parole or pardon hearing.

3. The offender is released from incarceration.

4. [Repealed.]

b. A victim or secondary victim may apply for reimbursement of the following costs under the circumstances set forth in paragraph (13)a. of this section provided that the costs are incurred within 1 year before, or within 2 years after, the opening of the investigation, the date of the judicial or administrative proceeding, or the release or execution date of the offender:

1. The cost of mental health counseling services, not to exceed 50 sessions.

2. Reasonable expenses incurred due to attendance at criminal proceedings.

3. Expenses for essential personal safety property, not to exceed $1,500.

c. Any payments made under this paragraph (13) are subject to the provisions of § 9010 of this title with regard to denial and reduction of claims, and to § 9011 of this title with regard to payment.
11 Del. C. § 1703 — Delaware Code / Title 11 / Chapter 17 / Section 1703
§ Â
        1703. Definitions
Status: in_force

For purposes of this part:

(1) “Deoxyribonucleic acid” or “DNA” means as defined in § 4701A of Title 29.

(2) “DNA profile” means as defined in § 4701A of Title 29.

(3) “Firearm” means as defined in § 222 of this title.

(4) “Projectile weapon” means as defined in § 222 of this title.
11 Del. C. § 8370 — Delaware Code / Title 11 / Chapter 83 / Subchapter III / Section 8370
§ Â
        8370. Amount of duty-connected disability pension.
Status: in_force

(a) The duty-connected total disability pension shall be 75% of compensation plus 10% of compensation for each dependent during the period of dependency, not to exceed a total of 25% of compensation for all dependents.

(b) The duty-connected partial disability pension shall be computed in the same manner as the service pension based on credited service accrued to the date of disability, subject to a minimum of 50% of compensation.

(c) Medical costs made necessary by reason of duty-connected disability shall be paid by the Fund.
11 Del. C. § 8366 — Delaware Code / Title 11 / Chapter 83 / Subchapter III / Section 8366
§ Â
        8366. Payment of service pension.
Status: in_force

Service pension payments shall be made to a retired member for each month beginning with the month in which the member becomes eligible to receive such pension and ending with the month in which the member dies.
11 Del. C. § 8516 — Delaware Code / Title 11 / Chapter 85 / Subchapter I / Section 8516
§ Â
        8516. Furnishing information without application.
Status: in_force

Although no application for information has been made to the Bureau as provided in § 8513 of this title, the Bureau may transmit such information as the Director, in the Director’s discretion, designates to such persons as are authorized by § 8513 of this title to make application for it and as are designated by the Director.
11 Del. C. § 513 — Delaware Code / Title 11 / Chapter 5 / Subchapter I / Section 513
§ Â
        513. Conspiracy in the first degree; class E felony.
Status: in_force

A person is guilty of conspiracy in the first degree when, intending to promote or facilitate the commission of a class A felony, the person:

(1) Agrees with another person or persons that they or 1 or more of them will engage in conduct constituting the felony or an attempt or solicitation to commit the felony; or

(2) Agrees to aid another person or persons in the planning or commission of the felony or an attempt or solicitation to commit the felony, and the person or another person with whom the person conspired commits an overt act in pursuance of the conspiracy.

Conspiracy in the first degree is a class E felony.
11 Del. C. § 2505 — Delaware Code / Title 11 / Chapter 25 / Subchapter I / Section 2505
§ Â
        2505. Persons imprisoned or awaiting trial; involuntary departure.
Status: in_force

(a) When it is desired to have returned to this State a person charged in this State with a crime, and such person is imprisoned or is held under criminal proceedings then pending in another state, the Governor of this State may agree with the executive authority of such other state for the extradition of such person before the conclusion of such proceedings or the person’s term of sentence in such other state, upon condition that such person be returned to such other state at the expense of this State as soon as the prosecution in this State is terminated.

(b) The Governor of this State may surrender, on demand of the executive authority of any other state, any person in this State who is charged in the manner provided in § 2523 of this title with having violated the laws of the state whose executive authority is making the demand, even though such person left the demanding state involuntarily.
11 Del. C. § 6711 — Delaware Code / Title 11 / Chapter 67 / Section 6711
§ Â
        6711. Aftercare; intensive parole supervision.
Status: in_force

A person who has successfully completed the boot camp program shall be placed under parole supervision (Level IV or Level III supervision). During this period, such person shall participate in an aftercare program which emphasizes completion of GED requirements where appropriate, drug and alcohol education and treatment; the development of job placement skills and opportunities; and the learning of successful employment habits and attitudes.
11 Del. C. § 8581A — Delaware Code / Title 11 / Chapter 85 / Subchapter VII-A / Section 8581A
§ Â
        8581A. Establishment of the Delaware Green Alert Program.
Status: in_force

(a) Each law-enforcement agency shall implement a Green Alert Program, consistent with the ACIM Alert Program and the Gold Alert Program, for missing members of the armed forces.

(b) Each law-enforcement agency may promulgate necessary rules and regulations to implement the Green Alert Program. The rules and regulations must include the following:

(1) Procedures for the use of the Delaware Information Analysis Center to provide support to the investigating law-enforcement agency as a resource for the receipt, analysis, and dissemination of information regarding a missing member of the armed forces and the whereabouts of the missing member of the armed forces.

(2) Procedures for the investigating law-enforcement agency to use to verify whether a missing member of the armed forces is missing and the circumstances under which the agency must enter 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 process for reporting the information to designated media outlets for this State.

(c) The Delaware State Police shall adopt rules and regulations for the use of the Delaware Information and Analysis Center to assist investigating law-enforcement agencies during their investigations as a resource for the receipt, analysis, and dissemination of information to those agencies that have a need and right to know about a missing member of the armed forces.

(d) The Department of Transportation shall adopt rules and regulations for the display on its variable message signs of appropriate information that may assist in the safe return of a missing member of the armed forces, consistent with the Manual on Uniform Traffic Control Devices and federal requirements.
11 Del. C. § 1504 — Delaware Code / Title 11 / Chapter 15 / Section 1504
§ Â
        1504. Criminal penalties.
Status: in_force

(a) Any person convicted of conduct constituting a violation of any of the provisions of this chapter shall be guilty of a class B felony, and shall be punished by imprisonment and pay a fine of not less than $25,000.

(b) Any person convicted of conduct constituting a violation of any of the provisions of § 1503 of this title shall criminally to forfeit, to the State any real or personal property used in the course of, intended for use in the course of, derived from, or realized through conduct in violation of § 1503 of this title including any property constituting an interest in or means of control or influence over the enterprise involved in the conduct in violation of § 1503 of this title or any property constituting proceeds derived from the conduct in violation of § 1503 of this title including:

(1) Any position, office, appointment, tenure, commission or employment contract of any kind that the person acquired or maintained in violation of § 1503 of this title or through which the person conducted or participated in the conduct of the affairs of any enterprise in violation of § 1503 of this title or that afforded the person a source of influence or control over the affairs of an enterprise that the person exercised in violation of § 1503 of this title;

(2) Any compensation, right or benefit derived from a position, office, appointment, tenure, commission or employment contract described in § 1503 of this title that accrued to the person during the period of conduct in violation of § 1503 of this title;

(3) Any interest in, security of, claim against, or property or contractual right affording the person a source or influence or control over the affairs of an enterprise that the person exercised in violation of § 1503 of this title; or

(4) Any amount payable or paid under any contract for goods or services that was awarded or performed in violation of § 1503 of this title.

(c) In lieu of any fine otherwise authorized by law, any person convicted of engaging in racketeering, or any other conduct in violation of § 1503 of this title, through which such person derived pecuniary value, or by which the person caused personal injury or property damage or other loss, may be sentenced to pay a fine that does not exceed 3 times the gross value gained, or 3 times the gross loss caused, whichever is the greater, plus court costs and the costs of investigation and prosecution, reasonably incurred.

(d) Upon conviction of a person under this chapter, the Superior Court shall authorize the Attorney General to seize all property or other interests declared forfeited under this chapter upon such terms and conditions as the Court shall deem proper. The State shall dispose of all property or other interests seized under this chapter as soon as feasible, making due provision for the rights of innocent persons. If a property right or other interest is not exercisable or transferable for value by the State, it shall expire and shall not revert to the convicted person.
11 Del. C. § 103 — Delaware Code / Title 11 / Chapter 1 / Section 103
§ Â
        103. Applicability to offenses committed after July 1, 1973.
Status: in_force

(a) This Criminal Code establishes the criminal law of this State and governs the construction of and punishment for any offense set forth herein committed after July 1, 1973, as well as the construction and application of any defense to a prosecution for such an offense.

(b) Unless otherwise expressly provided, or unless the context otherwise requires, this Criminal Code governs the construction of any offense defined in a statute other than this Criminal Code and committed after July 1, 1973, as well as the construction and application of any defense to a prosecution for such an offense.
11 Del. C. § 8507 — Delaware Code / Title 11 / Chapter 85 / Subchapter I / Section 8507
§ Â
        8507. Information to be supplied by law-enforcement officers.
Status: in_force

(a) Every law-enforcement officer of the State and of any political subdivision thereof shall transmit to the Bureau:

(1) Within 48 hours after the arrest of any individual, the names, fingerprints if taken and such other data as the Director may from time to time prescribe of all individuals arrested for a criminal offense, including, but not limited to:

a. An indictable offense, or such nonindictable offense as is, or may hereafter be, included in the compilations of the United States Department of Justice;

b. Being a fugitive from justice;

(2) The fingerprints, photographs and other data prescribed by the Director concerning unidentified dead persons;

(3) The fingerprints, photographs and other data prescribed by the Director of all individuals making application for a permit to buy or possess illegal weapons or firearms or to carry concealed a deadly weapon;

(4) A record of the indictable offenses and such nonindictable offenses as are committed within the jurisdiction of the reporting officer, including a statement of the facts of the offense and a description of the offender, so far as known, the offender’s method of operation, changes in release status and such other information as the Director may require;

(5) Copies of such reports as are required by law to be made, and as shall be prescribed by the Director, to be made by pawnshops, second-hand dealers and dealers in weapons.

(b) All photographs submitted of individuals described in this section shall be of a recent date, taken while such individuals are attired in civilian clothes.
11 Del. C. § 8815 — Delaware Code / Title 11 / Chapter 88 / Section 8815
§ Â
        8815. 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/firefighter, 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 police officer 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. § 1353 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1353
§ Â
        1353. Promoting prostitution in the first degree; class C felony.
Status: in_force

A person is guilty of promoting prostitution in the first degree when the person knowingly:

(1) Advances prostitution by compelling a person by force or intimidation to engage in prostitution or profits from such coercive conduct by another; or

(2) Advances or profits from prostitution of a person less than 16 years old.

Promoting prostitution in the first degree is a class C felony.
11 Del. C. § 9005 — Delaware Code / Title 11 / Chapter 90 / Section 9005
§ Â
        9005. Victimsâ Compensation Assistance Program.
Status: in_force

(a) This hereby establishes the Victims’ Compensation Assistance Program, hereafter the “Agency,” which functions under the authority of the Department of Justice, and which has the sole jurisdiction over the awarding of compensation for claimants.

(b) Executive Director. —

The Executive Director must be appointed by and report to the Attorney General. The Executive Director shall manage the Agency staff and supervise the claims review process and payment of compensation to claimants.

(c) The Executive Director and staff shall support the Council and the Appeals Board.

(d) Staff. —

The Executive Director may employ staff and contract for services as necessary and authorized to carry out the purpose of the Agency, Council, and Appeals Board.
11 Del. C. § 2113 — Delaware Code / Title 11 / Chapter 21 / Section 2113
§ Â
        2113. Penalties for noncompliance with conditions of release bond [Effective until July 1, 2026].
Status: in_force

(a) If the defendant shall fail to appear as required by the defendant’s bail or shall commit any material breach of the conditions set forth in § 2104(b) or § 2108 of this title, the court shall issue a warrant and cause the arrest of such defendant and the cancellation of any bail and the return to the court for a redetermination of the disposition of the defendant.

(b) Upon the return of the defendant before the court pursuant to subsection (a) of this section or if the defendant shall not be found, the court shall act with respect to the forfeiture of any form of guaranteed or not guaranteed conditions of release bond pursuant to the Rules of the Superior Court and shall redetermine the type and amount of bail, and conditions of the further release of the defendant. Notwithstanding any law to the contrary, no property, cash, surety or other assets shall be forfeited except upon failure of the accused to appear as required by any court.

(c) If the defendant knowingly fails to appear as required or knowingly breaches any condition of release, each such failure or breach shall be a separate crime, and upon conviction thereof shall be punished as follows:

(1) If the defendant was released in connection with 1 or more charges of a felony prior to trial, or while awaiting sentence or pending appeal or certiorari after conviction of 1 or more felonies or misdemeanors, the defendant shall be guilty of a felony and punished by imprisonment not to exceed 5 years, or a fine of $5,000, or both;

(2) If the defendant was released in connection with 1 or more charges of misdemeanor prior to trial, the defendant shall be fined not more than $500, or imprisoned not more than 1 year, or both.

(d) The Justice of the Peace Court shall have jurisdiction over violations of this section if punishable as misdemeanors and if the jurisdiction over the underlying offense remains with the Justice of the Peace Court.

(e) Any defendant released pursuant to this chapter shall notify the court, before which the case is pending, of any changes of address or residence within 5 days of such change. Failure to make such notification will result in constructive receipt of any subpoena issued to the defendant by or on behalf of the court to the last address or residence given to the court by that defendant.

(f) Nothing in this chapter shall interfere with or prevent the exercise by any court of its power to punish for contempt.(a) If the defendant fails to appear as required by the defendant’s bail or commits a material breach of the conditions set forth in § 2104(b) or § 2108 of this title, the court shall issue a warrant and cause the arrest of the defendant and the cancellation of any bail and the return of the defendant to the court for a redetermination of the disposition of the defendant.

(b) On the return of the defendant before the court under subsection (a) of this section or if the defendant is not found, the court shall act with respect to the forfeiture of any form of guaranteed or not guaranteed conditions of release bond under the Rules of the Superior Court and shall redetermine the type and amount of bail and conditions of the further release of the defendant. Notwithstanding any law to the contrary, property, cash, surety, or other assets may not be forfeited except on failure of the defendant to appear as required by any court.

(c) If the defendant knowingly fails to appear as required or knowingly breaches any condition of release, each failure or breach is a separate crime and, on conviction for the failure or breach, is punished as follows:

(1) If the defendant was released in connection with 1 or more charges of a felony before trial, or while awaiting sentence or pending appeal or certiorari after conviction of 1 or more felonies or misdemeanors, the defendant is guilty of a class E felony.

(2) If the defendant was released in connection with 1 or more charges of misdemeanor before trial, the defendant is guilty of a class A misdemeanor.

(d) The Justice of the Peace Court shall have jurisdiction over violations of this section if punishable as misdemeanors and if the jurisdiction over the underlying offense remains with the Justice of the Peace Court.

(e) Any defendant released under this chapter shall notify the court, before which the case is pending, of any changes of address or residence within 5 days of the change. A failure by a defendant to make the notification will result in the defendant being deemed in constructive receipt of any subpoena issued to the defendant by or on behalf of the court to the last address or residence given to the court by the defendant.

(f) Nothing in this chapter shall interfere with or prevent the exercise by any court of its power to punish for contempt.
11 Del. C. § 9202 — Delaware Code / Title 11 / Chapter 92 / Section 9202
§ Â
        9202. Disclosure of personal assets.
Status: in_force

No officer shall be required or requested to disclose any item of personal property, income, assets, sources of income, debts, personal or domestic expenditures (including those of any member of the officer’s household), unless such information is necessary in investigating a violation of any federal, state or local ordinance with respect to the performance of official duties or unless such disclosure is required by state or federal law.
11 Del. C. § 8376 — Delaware Code / Title 11 / Chapter 83 / Subchapter III / Section 8376
§ Â
        8376. 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 subchapter, or to authorize the Board to procure such information. The Board may withhold payment of any pension under this subchapter, 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. § 1901 — Delaware Code / Title 11 / Chapter 19 / Subchapter I / Section 1901
§ Â
        1901. Definitions.
Status: in_force

As used in this subchapter:

(1) “Arrest” is the taking of a person into custody in order that the person may be forthcoming to answer for the commission of a crime.

(2) “Peace officer” is any public officer authorized by law to make arrests in a criminal case. Sheriffs and sheriff deputies are not authorized by law to make arrests in criminal cases.
11 Del. C. § 6602 — Delaware Code / Title 11 / Chapter 66 / Section 6602
§ Â
        6602. Definitions.
Status: in_force

As used in this chapter:

(1) “Correctional institution” means any entity under the authority of any state, county, or municipal law-enforcement division that has the power to detain or restrain a person under the laws of the State.

(2) “Corrections official” means the official responsible for oversight of a correctional institution, or the official’s designee.

(3) “Extraordinary circumstances” means an immediate and serious threat of harm to themselves, staff, or others, or a substantial flight risk that cannot reasonably be contained by any other means.

(4) “Immediate postpartum period” means the 13-week period following childbirth.

(5) “Labor” means the period of time before a birth during which contractions are of sufficient frequency, intensity, and duration to bring about effacement and progressive dilation of the cervix.

(6) “Prisoner” means any person incarcerated or detained in any facility who is accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of a criminal law or the terms and conditions of parole, probation, pretrial release, or diversionary program. Included is any person detained under the immigration laws of the United States at any correctional facility.

(7) “Restraints” means any physical restraint or mechanical device used to control the movement of a prisoner’s body and/or limbs, including, but not limited to, flex cuffs, soft restraints, hard metal handcuffs, a black box, Chubb cuffs, leg irons, belly chains, a security (tether) chain, or a convex shield.
11 Del. C. § 1352 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1352
§ Â
        1352. Promoting prostitution in the second degree; class E felony.
Status: in_force

A person is guilty of promoting prostitution in the second degree when the person knowingly:

(1) Advances or profits from prostitution by managing, supervising, controlling or owning, either alone or in association with others, a house of prostitution or a prostitution business or enterprise involving prostitution activity by 2 or more prostitutes; or

(2) Advances or profits from prostitution of a person less than 18 years old.

Promoting prostitution in the second degree is a class E felony.
11 Del. C. § 1239 — Delaware Code / Title 11 / Chapter 5 / Subchapter VI / Section 1239
§ Â
        1239. Wearing a disguise during the commission of a felony; class E felony.
Status: in_force

(a) A person who wears a hood, mask or other disguise during the commission of any felony is guilty of wearing a disguise during the commission of a felony. Wearing a disguise during the commission of a felony is a class E felony.

(b) A person may be found guilty of violating this section notwithstanding that the felony for which the person is convicted during which the person was wearing a disguise is a lesser included felony of the one originally charged.
11 Del. C. § 1427 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1427
§ Â
        1427. Collection of removal expenses; status of contractor; amount of lien.
Status: in_force

The expenses of a removal under § 1426 of this title shall be collected by the Attorney General in the manner provided by law for the filing and collection of a mechanic’s lien.
11 Del. C. § 2307 — Delaware Code / Title 11 / Chapter 23 / Subchapter I / Section 2307
§ Â
        2307. Issuance; contents; execution and return of search warrants.
Status: in_force

(a) Issuance of search warrants; contents. — If the judge, justice of the peace or other magistrate finds that the facts recited in the complaint constitute probable cause for the search, that person may direct a warrant to any proper officer or to any other person by name for service. The warrant shall designate the house, place, conveyance or person to be searched, and shall describe the things or persons sought as particularly as possible.

(b) Execution and return with inventory. — The officer taking property under the warrant shall give to the person from whom or from whose premises the property was taken a copy of the warrant and a receipt for the property taken or shall leave the copy and receipt at the place from which the property was taken. The return shall be made forthwith and shall be accompanied by a written inventory of any property taken. The inventory shall be made and signed by the officer executing the warrant in the presence of the person from whose possession or premises the property was taken, if they are present, or if they are not present, in the presence of at least 1 witness. The judge shall upon request deliver a copy of the inventory to the person from whom or from whose premises the property was taken and to the applicant for the warrant.
11 Del. C. § 9618 — Delaware Code / Title 11 / Chapter 96 / Subchapter II / Section 9618
§ Â
        9618. Emergency disclosure.
Status: in_force

The Program shall establish a system to promptly respond to requests for emergency disclosures if the disclosure satisfies any of the following conditions:

(1) It will prevent physical harm or significant economic loss to a program participant or to a program participant’s family member.

(2) It is made to a law-enforcement agency for law-enforcement purposes and the circumstances warrant immediate disclosure.
11 Del. C. § 1409 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1409
§ Â
        1409. Exemption of law-enforcement officer.
Status: in_force

Nothing in subpart D of subchapter VII of this chapter shall apply to any law-enforcement officer or officer’s agent while acting in the lawful performance of duty.
11 Del. C. § 8404 — Delaware Code / Title 11 / Chapter 84 / Section 8404
§ Â
        8404. Powers and duties [Effective Feb. 20, 2027].
Status: in_force

(a) The Commission shall do all of the following:

(1) Establish minimum qualifications for applicants as police officers.

(2) Establish minimum educational and training qualifications requisite to permanent appointment as a police officer.

(3) Issue certification of completion of police officer training prescribed under this chapter.

(4) Suspend or revoke certification under any of the following circumstances:

a. A certificate was issued due to fraud, mistake, or deceit.

b. A police officer has failed to successfully complete any in-service or advanced training required by the Commission.

c. A police officer has been convicted of, or received a probation before judgment with respect to, a felony, or any local, state or federal criminal offense involving, but not limited to, theft, fraud, or violation of the public trust, or of any drug law.

d. A police officer has been found, after examination by a licensed psychologist or psychiatrist, to be psychologically or emotionally unfit to perform the duties or exercise the powers and authority of a police officer.

e. A police officer has received a hearing pursuant to Chapter 92 of this title, or who has knowingly and voluntarily waived that individual’s right to such a hearing and has done any of the following:

1. Been discharged from employment with a law-enforcement agency for a breach of internal discipline.

2. Retired or resigned prior to the entry of findings of fact concerning an alleged breach of internal discipline for which the individual could have been legitimately discharged had the individual not retired from or resigned that individual’s position prior to the imposition of discipline by the employing agency.

f. A police officer has been decertified in another jurisdiction.

(5) Prescribe standards for in-service or continued training of police officers, which must be conducted on a staggered basis so that half of the eligible members of any law-enforcement or police organization receive said training in each 2-year period, and which must include the following:

a. At least 2 hours every 4 years on the detection, prevention and prosecution of sexual assault for all police officers who perform uniformed patrol duties or are assigned to investigative units responsible for sex crimes.

b. Training on the Juvenile Civil Citation Offender Program.

(6) Establish minimum educational and training qualifications for seasonal employment as a police officer.

(7) Establish certification and recertification requirements for police officer applicants who have previously been employed with permanent appointment as a police officer but have not been so employed within the 12 months prior to application.

(8) Prescribe equipment and facility standards for schools at which police training courses shall be conducted, including but not limited to existing county or municipal schools.

(9) Establish minimum training requirements, attendance requirements and standards of operations for police training schools.

(10) Prescribe minimum qualifications for instructors at such schools and certify, as qualified, or decertify such instructors to their particular courses of study.

(11) Approve and issue certificates of approval to such police training schools, to inspect such schools from time to time and to revoke for cause any approval or certificate issued to such schools.

(12) Consult and cooperate with all agencies of government, state and local, concerning the development and administration of the training and standard program and to contract with such agencies as it deems necessary to the performance of its powers and duties.

(13) Accept or receive grants or donations from any source, public or private, for the purposes of this chapter.

(14) Make such rules and regulations as may be necessary to carry out the purposes and objectives of this chapter.(a) The Commission shall do all of the following:

(1) Establish minimum qualifications for applicants as police officers.

(2) Establish minimum educational and training qualifications requisite to permanent appointment as a police officer.

(3) Issue certification of completion of police officer training prescribed under this chapter.

(4) Suspend or revoke certification under any of the following circumstances:

a. A certificate was issued due to fraud, mistake, or deceit.

b. A police officer has failed to successfully complete any in-service or advanced training required by the Commission.

c. A police officer has been convicted of, or received a probation before judgment with respect to, a felony, or any local, state or federal criminal offense involving, but not limited to, theft, fraud, or violation of the public trust, or of any drug law.

d. A police officer has been found, after examination by a licensed psychologist or psychiatrist, to be psychologically or emotionally unfit to perform the duties or exercise the powers and authority of a police officer.

e. A police officer has received a hearing pursuant to Chapter 92 of this title, or who has knowingly and voluntarily waived that individual’s right to such a hearing and has done any of the following:

1. Been discharged from employment with a law-enforcement agency for a breach of internal discipline.

2. Retired or resigned prior to the entry of findings of fact concerning an alleged breach of internal discipline for which the individual could have been legitimately discharged had the individual not retired from or resigned that individual’s position prior to the imposition of discipline by the employing agency.

f. A police officer has been decertified in another jurisdiction.

(5) Prescribe standards for in-service or continued training of police officers, which shall include at least 2 hours every 4 years on the detection, prevention and prosecution of sexual assault for all police officers who perform uniformed patrol duties or are assigned to investigative units responsible for sex crimes, and which training shall be conducted on a staggered basis so that half of the eligible members of any law-enforcement or police organization receive said training in each 2-year period.

(6) Establish minimum educational and training qualifications for seasonal employment as a police officer.

(7) Establish certification and recertification requirements for police officer applicants who have previously been employed with permanent appointment as a police officer but have not been so employed within the 12 months prior to application.

(8) Prescribe equipment and facility standards for schools at which police training courses shall be conducted, including but not limited to existing county or municipal schools.

(9) Establish minimum training requirements, attendance requirements and standards of operations for police training schools.

(10) Prescribe minimum qualifications for instructors at such schools and certify, as qualified, or decertify such instructors to their particular courses of study.

(11) Approve and issue certificates of approval to such police training schools, to inspect such schools from time to time and to revoke for cause any approval or certificate issued to such schools.

(12) Consult and cooperate with all agencies of government, state and local, concerning the development and administration of the training and standard program and to contract with such agencies as it deems necessary to the performance of its powers and duties.

(13) Accept or receive grants or donations from any source, public or private, for the purposes of this chapter.

(14) Make such rules and regulations as may be necessary to carry out the purposes and objectives of this chapter.

(15) Provide a modification from the application of any provision of this chapter or the rules and regulations promulgated thereunder, for any police officer of a municipality if:

a. The police officer is employed on a seasonal basis; and

b. The municipality makes application for such modification and establishes that it will suffer a hardship if the modification is not granted.

(16) Establish an approved training program for seasonal police officers which shall be required prior to active police duty, and in addition, if the officer is to be armed, that the police officer be certified in the use of firearms at an approved police training school.

(17) Authorize articulation agreements between an approved school and an accredited institution of higher education located in the State for the provision of police officer training prescribed under this chapter.

(18) Establish the criteria to afford reciprocity to police officers certified in other states by an agency like the Commission or by the federal government by waiving some or all of the minimum education and training qualifications for police officers under this chapter if they have satisfied substantially equivalent education and training.

(19) Mandate training for all persons seeking permanent or seasonal appointment as a police officer in the detection, prosecution and prevention of child sexual and physical abuse, exploitation and domestic violence, and the obligations imposed by Delaware law, including § 903 of Title 16, and federal law in the prompt reporting thereof. Such training shall be coordinated under §§ 911 and 931(b)(4) of Title 16 to ensure consistent trainings across disciplines.

(20) Require that all police departments, establish either individually or in combination with other departments, police accountability committees or boards to provide advice to departments on policy, training, and other issues relating to or affecting the department and the communities served by the department. The requirement shall recommend that a police accountability committee or board must include in its membership a religious leader from the community and members of the community who have been impacted directly or are immediate family members or caregivers of those impacted by the juvenile or adult criminal justice system. Non-officer members shall be required, within 1 year of appointment, to complete 20 hours of community training with the departments overseen by the applicable board, which may include ride-alongs or a citizen’s police academy. Additional mandates for membership or structure may be included. Police accountability committees or boards are subject to the requirements of the Freedom of Information Act, Chapter 100 of Title 29.

(21) Issue subpoenas for witnesses, documents, physical evidence, or other evidence needed in connection with a hearing conducted under this chapter.

(b) The Department of Safety and Homeland Security shall provide administrative support to the Commission and may hire personnel necessary for the effective administration of this chapter, including oversight of training programs administered by police training academies to ensure they meet minimum standards.

(c) The Commission, in collaboration with government, police union, and community stakeholders, shall periodically review and propose updates as needed to regulations and standards addressing the use and activation of body-worn cameras, including all of the following:

(1) The electronic storage of recordings derived from body-worn cameras.

(2) The dissemination of recordings derived from body-worn cameras.

(3) A victim’s right to review the portion of body-worn camera footage that includes statements made by the victim, under § 9403(5) of this title.

(d) The Commission is responsible for providing feedback and recommendations regarding state-level police accreditation to the Delaware Police Accreditation Commission. The Commission shall ensure that every police agency is accredited by the Delaware Police Accreditation Commission no later than July 1, 2028.

(e) The Commission shall maintain a public website for the purposes of providing notice of hearings and meetings, publishing public documents, and enabling interaction and comments from the public.
11 Del. C. § 6534 — Delaware Code / Title 11 / Chapter 65 / Subchapter VI / Section 6534
§ Â
        6534. Payment of compensation.
Status: in_force

(a) The balance remaining in an inmate’s account established and maintained in accordance with § 6532(f) of this title shall be paid to the inmate at the time of the inmate’s release, except that the Department may from time to time, in its discretion, or upon order from a court of competent jurisdiction, pay all or part thereof to the inmate as spending money. The Department shall establish guidelines and procedures for payments to inmates in accordance with this section.

(b) The Department shall have the authority to deduct from any inmate’s wages resulting from employment under the Private Sector/Prison Industries Enhancement Certification Program a portion thereof to be applied to the Victim Compensation Fund created pursuant to Chapter 90 of this title. All deductions made by the Department pursuant to this subsection shall be limited to no more than 20 percent and no less than 5 percent of an inmate’s gross wages received under the Program.
11 Del. C. § 923 — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 923
§ Â
        923. Exceptions.
Status: in_force

This subpart shall not apply to:

(1) Any broadcaster who, in connection with or as part of a radio, television or cable broadcast transmission, or for the purpose of archival preservation, transfers any such sounds recorded on a sound recording;

(2) Any person who transfers such sounds in the home, for personal use, and without compensation for such transfer;

(3) Any phonograph record, disc, wire, tape, film or other article upon which sound is recorded where a period of 50 years has transpired since the original fixation of sounds thereon was made by the owner or on the owner’s behalf.
11 Del. C. § 8542 — Delaware Code / Title 11 / Chapter 85 / Subchapter III / Section 8542
§ Â
        8542. Definitions.
Status: in_force

As used in this subchapter:

(1) “Missing child” means any person who is under the age of 18 years, whose temporary or permanent residence is in Delaware, or is believed to be in Delaware, whose location has not been determined, and who has been reported as missing to a law-enforcement agency.

(2) “Missing child report” is a report prepared on a form designed by the Clearinghouse for use by private citizens and law-enforcement agencies to report missing children information to the Clearinghouse.
11 Del. C. § 1205 — Delaware Code / Title 11 / Chapter 5 / Subchapter VI / Section 1205
§ Â
        1205. Giving unlawful gratuities; class A misdemeanor.
Status: in_force

A person is guilty of giving unlawful gratuities when the person knowingly offers, confers or agrees to confer any personal benefit upon a public servant for engaging in official conduct which the public servant is required or authorized to perform, and for which the public servant is not entitled to any special or additional compensation.

Giving unlawful gratuities is a class A misdemeanor.
11 Del. C. § 768 — Delaware Code / Title 11 / Chapter 5 / Subchapter II / Section 768
§ Â
        768. Unlawful sexual contact in the second degree; class F felony.
Status: in_force

A person is guilty of unlawful sexual contact in the second degree when the person intentionally has sexual contact with another person who is less than 18 years of age or causes the victim to have sexual contact with the person or a third person.

Unlawful sexual contact in the second degree is a class F felony.
11 Del. C. § 8902 — Delaware Code / Title 11 / Chapter 89 / Section 8902
§ Â
        8902. Mission.
Status: in_force

The Statistical Analysis Center shall provide the State with a professional capability for objective, interpretive analysis of data relating to crime and criminal justice issues in order to improve the effectiveness of policy-making, program development, planning and reporting.
11 Del. C. § 274 — Delaware Code / Title 11 / Chapter 2 / Section 274
§ Â
        274. Offenses involving 2 or more persons; convictions for different degrees of offense.
Status: in_force

When, pursuant to § 271 of this title, 2 or more persons are criminally liable for an offense which is divided into degrees, each person is guilty of an offense of such degree as is compatible with that person’s own culpable mental state and with that person’s own accountability for an aggravating fact or circumstance.
11 Del. C. § 6520 — Delaware Code / Title 11 / Chapter 65 / Subchapter III / Section 6520
§ Â
        6520. Establishment of bureaus.
Status: in_force

There shall be within the Department the following bureaus:

(1) A Bureau of Administrative Services.

(2) A Bureau of Healthcare, Substance Abuse, and Mental Health Services.

(3) A Bureau of Prisons.

(4) A Bureau of Community Corrections.

(5) Such other bureaus, divisions, and subdivisions, with such personnel as the Commissioner shall deem desirable.
11 Del. C. § 1942 — Delaware Code / Title 11 / Chapter 19 / Subchapter III / Section 1942
§ Â
        1942. Definitions.
Status: in_force

As used in this subchapter:

(1) “Emergency” means any such circumstance which, in the judgment of the principal law-enforcement officer of the requesting jurisdiction, requires additional police assistance, and shall include such planned or anticipated or scheduled events that, in the judgment of the principal law-enforcement officer of the requesting jurisdiction, will require additional police resources beyond the reasonable capacity of the requesting jurisdiction. The governing body of a jurisdiction may determine the circumstances under which police officers of its jurisdiction, together with all necessary equipment, may lawfully go or be sent beyond the territorial limits of its jurisdiction to any point within or without the State.

(2) “Jurisdiction” means a recognized geographic area such as a county, incorporated municipality or the legislatively defined area of responsibility of the Delaware River and Bay Authority or the Department of Safety and Homeland Security or the Department of Natural Resources and Environmental Control and/or the University of Delaware and/or Delaware State University in which the governing body and its police have the authority, capacity, power and right to enforce laws.

(3) “Mutual assistance” means the provisions under this subchapter enabling the police of one jurisdiction to enter into another jurisdiction for purpose of rendering assistance upon the request of the other jurisdiction.

(4) “Police” includes all authorized law-enforcement personnel of a jurisdiction.
11 Del. C. § 1464 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1464
§ Â
        1464. Legislative findings.
Status: in_force

The General Assembly hereby finds and declares that the proliferation and use of assault weapons poses a threat to the health, safety, and security of all citizens of this State. The General Assembly has restricted the assault weapons specified in § 1465 of this title based upon finding that each firearm has such a high rate of fire and capacity for firepower that its potential function as a sports or recreational firearm is substantially outweighed by the danger that it can be used to kill and injure human beings. It is the intent of the General Assembly in enacting this chapter to place restrictions on the possession and use of assault weapons. It is not, however, the intent of the General Assembly by this chapter to place restrictions on the use of those weapons which are primarily designed and intended for hunting, target practice, or other legitimate sports or recreational activities.
11 Del. C. § 1103D — Delaware Code / Title 11 / Chapter 5 / Subchapter V / Section 1103D
§ Â
        1103D. Child torture; class B felony.
Status: in_force

(a) As used in this section:

(1) “Torture” means a course of conduct consisting of 1 or more instances of any of the following acts which occur over a period of more than 24 hours and are done with malice or an extreme indifference to the well-being of the child:

a. Child abuse under § 1103, § 1103A, § 1103B, or § 1103C of this title.

b. Maltreatment or emotional abuse of a child.

c. Deprivation of, or failure to provide, necessary care such as food, water, clothing, shelter, or medical care.

(2) “Torture” includes unreasonable or extended confinement or restraint, cruel punishment, or intentional or reckless failure to provide for the health, safety, medical, or nutritional needs of a child.

(b) A person is guilty of child torture if all of the following conditions are satisfied:

(1) The child is under the person’s care, custody, or control, or the person is charged by law with or has assumed responsibility for the child’s care.

(2) The person intentionally or recklessly commits or allows another person to commit torture to the child.

(c) Child torture is a class B felony.

(d) A charge under this section does not limit or preclude any other charge being brought against the person.

(e) The crime of child torture does not require any proof that the child suffered physical pain or physical injury.
11 Del. C. § 1913 — Delaware Code / Title 11 / Chapter 19 / Subchapter I / Section 1913
§ Â
        1913. Release and publication of the name and photograph of a juvenile.
Status: in_force

(a) As used in this section:

(1) “Juvenile” means a child 17 years of age or younger.

(2) “Law-enforcement officer” means as defined in § 222 of this title.

(3) “Law-enforcement agency” means any agency employing law-enforcement officers.

(4) “Mugshot” means a photograph of a suspect’s face or profile.

(5) “Name of juvenile” means the name of a juvenile who has been arrested or suspected of committing a crime.

(6) “Photograph of a juvenile” means any image depicting a juvenile who has been arrested or suspected of committing a crime. “Photograph of a juvenile” includes a mugshot.

(7) “Publish” means to disseminate to the public or produce or release for distribution. “Publish” includes to display on any publicly-maintained social media page or website.

(8) “Release” means to make available or accessible to the public.

(9) “Violent felony” means as defined in § 4201 of this title.

(b) No law-enforcement agency shall release or publish or cause to be released or published the name of a juvenile or a photograph of a juvenile unless all of the following apply:

(1) The juvenile is charged with a violent felony.

(2) Release or publication of the photograph or name of the juvenile is necessary to protect the public’s safety.
11 Del. C. § 852 — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 852
§ Â
        852. Receiving stolen property; presumption of knowledge.
Status: in_force

Knowledge that property has been acquired under circumstances amounting to theft may be presumed in the case of a person who acquires it for a consideration which the person knows is substantially below its reasonable value, or that a person possesses property whose affixed identification or serial number is altered, removed, defaced or falsified. In addition, knowledge that property has been acquired under circumstances amounting to theft shall be presumed in the case of a person or dealer who acquires it for a consideration, when such property consists of traffic signs, other traffic control devices or historical markers and the acquisition is not accompanied by a written authorization for the property’s disposition from the Department of Transportation, Department of State or other entity which owns the property.
11 Del. C. § 2701 — Delaware Code / Title 11 / Chapter 27 / Subchapter I / Section 2701
§ Â
        2701. Original jurisdiction.
Status: in_force

(a) The justices of the peace shall have original jurisdiction to hear, try and finally determine all violations alleged to have been committed. They shall have such jurisdiction over misdemeanors alleged to have been committed only when it is expressly conferred by law. Such jurisdiction, unless otherwise expressly provided by law, shall be throughout the State.

(b) The Court of Common Pleas for the State shall have original jurisdiction to hear, try and finally determine all misdemeanors and violations alleged to have been committed within the State, except where jurisdiction over such offenses is vested exclusively in another court.

The Court of Common Pleas shall have original jurisdiction to hear, try and finally determine all offenses committed within the City of Wilmington against any of the laws, ordinances, regulations or charter of the City.

The jurisdiction conferred by this subsection includes concurrent jurisdiction with the justices of the peace in all cases in which the justices of the peace have jurisdiction.

(c) The Superior Court shall have jurisdiction, original and concurrent, over all crimes, except where jurisdiction is exclusively vested in another court.

(d) The Family Court of the State shall have such criminal jurisdiction, exclusive or concurrent, as is expressly conferred upon it by law.

(e) The jurisdiction conferred by this section to hear, try and finally determine prosecutions of a crime or offense includes the power to issue all process and to conduct such proceedings as may be necessary or appropriate for the complete exercise of such jurisdiction.
11 Del. C. § 604 — Delaware Code / Title 11 / Chapter 5 / Subchapter II / Section 604
§ Â
        604. Reckless endangering in the first degree; class E felony.
Status: in_force

A person is guilty of reckless endangering in the first degree when the person recklessly engages in conduct which creates a substantial risk of death to another person.

Reckless endangering in the first degree is a class E felony.
11 Del. C. § 4332 — Delaware Code / Title 11 / Chapter 43 / Subchapter III / Section 4332
§ Â
        4332. Conditions of probation or suspension of sentence; house arrest.
Status: in_force

(a) (1) The Department may adopt standards concerning the conditions of probation or suspension of sentence which the court may use in a given case.

(2) The standard conditions apply in the absence of any other specific or inconsistent conditions imposed by the court under this subsection.

(3) The presentence report may recommend conditions to be imposed by the court.

(4) Nothing in this chapter limits the authority of the court to impose or modify any standard or special conditions of probation or suspension of sentence.

(5) The Department may recommend and, by order, the court may impose and may at any time order modification of any conditions of probation or suspension of sentence. Before any conditions are modified, a report by the Department must be presented to and considered by the court.

(6) The court shall cause a copy of any order to be delivered to the Department and to the individual on probation.

(7) Unless the offense for which an individual on probation is sentenced mandates specific conditions, a court, Board of Parole, or probation and parole officer shall presumptively impose the least number of special conditions, and least restrictive special conditions of supervision, necessary to achieve the goals of supervision.

a. A special condition imposed may not be more restrictive than reasonably necessary to achieve the goals of supervision or address criminogenic needs.

b. Before imposing a special condition, the court, Board of Parole, or probation and parole officer must consider whether the special condition is more restrictive than reasonably necessary to achieve the goals of supervision.

c. A special condition must be reasonably related to the criminogenic needs of the individual on probation or goals of supervision.

d. For each special condition imposed, the court, Board of Parole, or probation and parole officer must state the reasonable relation to the criminogenic needs of the individual on probation or the goals of supervision.

e. Before imposing a special condition, the court, Board of Parole, or probation and parole officer must consider whether fewer special conditions or less restrictive special conditions do not achieve the goals of supervision.

(8) Unless the offense for which the person is sentenced mandates specific conditions, the court, Board of Parole, or probation and parole officer may not impose a special condition of supervision with which the individual on probation cannot reasonably comply. Unless the offense for which the person is sentenced mandates specific conditions, before imposing a special condition, the court, Board of Parole, or probation and parole officer must consider if the individual on probation has the necessary resources and ability to comply with the special condition.

(9) The Board of Parole or probation and parole officer shall ensure that reporting requirements are as minimally-intrusive as possible in order to address criminogenic needs or achieve the goals of supervision, and may provide an individual on probation with alternative reporting options, including the option of reporting remotely, when appropriate.

a. A probation and parole officer must set the required reporting times and locations for an individual on probation at times and locations reasonably designed to accommodate the verifiable work schedule of an individual on probation, as well as considerations related to education, childcare, healthcare, and transportation availability.

b. A probation and parole officer may utilize audio and visual communications, or audio-only communication, in lieu of requiring a face-to-face in-person reporting for an individual on probation.

c. A probation and parole officer may excuse an in-person probation visit as a graduated incentive for compliance with treatment program requirements.

(10) If a program is a requirement of supervision, the Board of Parole or probation and parole officer must facilitate a referral into the program.

a. If a required program is not available and a violation of probation is filed, the court must consider the totality of the circumstances when deciding whether to establish the alleged violation.

b. If the sentencing court determines on the record that the Board of Parole or probation and parole officer did not reasonably facilitate an individual on probation’s referral into the program, a longer period of probation or suspension of sentence is prohibited.

c. The Department is not required to contract for or create a program that is a requirement of supervision.

(11) Before pursuing sanctions up to and including revocation for an alleged violation of probation, the probation and parole officer shall make reasonable efforts to inquire into why an individual on probation failed to abide by a condition, including by affirmatively attempting to re-engage an individual on probation who fails to report before deeming the individual on probation to have violated the individual on probation’s conditions of supervision. The probation and parole officer shall make reasonable efforts to connect the individual on probation with needed services and resources before pursuing sanctions against the individual on probation.

(b) The Department may adopt standards governing any program of house arrest. The presentence report may recommend conditions to be imposed by the court. In addition to any conditions imposed by the Department or by the court, each program involving house arrest, regardless of the official or unofficial name of the program, must include all of the following:

(1) Clear and consistent incentives for compliance and sanctions for noncompliance with conditions of supervision.

(2) That the Department owns or leases all equipment.

(c) The Department may use electronic monitoring systems and any new or emerging monitoring technology that will assist in the supervision of an individual placed on house arrest, as reasonably necessary. A probation and parole officer may utilize audio and visual communications, or audio-only communication, in lieu of requiring a face-to-face in-person reporting for an individual placed on house arrest.

(d) The Department may supervise an individual placed on house arrest without the use of any specific electronic equipment, if sufficient and reasonable methods for ensuring compliance with the terms of house arrest are employed.
11 Del. C. § 232 — Delaware Code / Title 11 / Chapter 2 / Section 232
§ Â
        232. Definition relating to elements of offense.
Status: in_force

“Elements of an offense” are those physical acts, attendant circumstances, results and states of mind which are specifically included within the definition of the offense or, if the definition is incomplete, those states of mind which are supplied by the general provisions of this Criminal Code. Facts establishing jurisdiction and venue and establishing that the offense was committed within the time period prescribed in § 205 of this title must also be proved as elements of the offense.
11 Del. C. § 778A — Delaware Code / Title 11 / Chapter 5 / Subchapter II / Section 778A
§ Â
        778A. Sexual abuse of a child by a person in a position of trust, authority, or supervision in the second degree; penalties.
Status: in_force

(a) A person is guilty of sexual abuse of a child by a person in a position of trust, authority, or supervision in the second degree when the person:

(1) Intentionally has sexual contact with a child who has not yet reached that child’s sixteenth birthday or causes the child to have sexual contact with the person or a third person and the person stands in a position of trust, authority, or supervision over the child, or is an invitee or designee of a person who stands in a position of trust, authority, or supervision over the child.

(2) a. Is a male who intentionally exposes his genitals or buttocks to a child who has not yet reached that child’s sixteenth birthday under circumstances in which he knows his conduct is likely to cause annoyance, affront, offense, or alarm when the person is at least 4 years older than the child and he stands in a position of trust, authority, or supervision over the child, or is an invitee or designee of a person who stands in a position of trust, authority, or supervision over the child.

b. Is a female who intentionally exposes her genitals, breast or buttocks to a child who has not yet reached that child’s sixteenth birthday under circumstances in which she knows her conduct is likely to cause annoyance, affront, offense, or alarm when the person is at least 4 years older than the child and she stands in a position of trust, authority, or supervision over the child, or is an invitee or designee of a person who stands in a position of trust, authority, or supervision over the child.

(3) Suggests, solicits, requests, commands, importunes, or otherwise attempts to induce a child who has not yet reached that child’s sixteenth birthday to have sexual contact or sexual intercourse or unlawful sexual penetration with the person or a third person, knowing that the person is thereby likely to cause annoyance, affront, offense, or alarm to the child or another when the person is at least 4 years older than the child and the person stands in a position of trust, authority, or supervision over the child, or is an invitee or designee of a person who stands in a position of trust, authority, or supervision over the child.

(b) (1) Sexual abuse of a child by a person in a position of trust, authority, or supervision in the second degree as set forth in paragraph (a)(1) of this section is a class D felony.

(2) Sexual abuse of a child by a person in a position of trust, authority, or supervision in the second degree as set forth in paragraph (a)(2) of this section is a class F felony.

(3) Sexual abuse of a child by a person in a position of trust, authority, or supervision in the second degree as set forth in paragraph (a)(3) of this section is a class G felony.

(c) Nothing contained in this section shall preclude a separate charge, conviction, and sentence for any other crime set forth in this title, or in the Delaware Code.
11 Del. C. § 876 — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 876
§ Â
        876. Tampering with public records in the first degree; class E felony.
Status: in_force

A person is guilty of tampering with public records in the first degree when, with intent to defraud, and knowing that the person does not have the authority of anyone entitled to grant it, the person knowingly removes, mutilates, destroys, conceals, makes a false entry in or falsely alters any record or other written instrument filed with, deposited in or otherwise constituting a record of a public office or public servant.

Tampering with public records in the first degree is a class E felony.
11 Del. C. § 8377 — Delaware Code / Title 11 / Chapter 83 / Subchapter III / Section 8377
§ Â
        8377. Dual membership prohibited.
Status: in_force

No member covered by this subchapter may be covered by subchapter II of this chapter.
11 Del. C. § 1468 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1468
§ Â
        1468. Definitions related to large-capacity magazines.
Status: in_force

For purposes of this section and §§ 1469 and 1469A of this title:

(1) “Ammunition feeding device” means any magazine, belt, drum, feed strip, or similar device that holds ammunition for a firearm.

(2) a. “Large-capacity magazine” means any ammunition feeding device capable of accepting, or that can readily be converted to hold, more than 17 rounds of ammunition.

b. “Large-capacity magazine” does not include an attached tubular device designed to accept, and only capable of operating with, .22 caliber rimfire ammunition.

c. For purposes of this subsection, the presence of a removable floor plate in an ammunition feeding device that is not capable of accepting more than 17 rounds of ammunition shall not, without more, be sufficient evidence that the ammunition feeding device can readily be converted to hold more than 17 rounds of ammunition.

(3) “Licensed firearms dealer” means a person licensed under Chapter 9 of Title 24 or 18 U.S.C. § 921 et seq.

(4) “Qualified retired law-enforcement officer” means as defined under § 1441B(c) of this title.
11 Del. C. § 8517 — Delaware Code / Title 11 / Chapter 85 / Subchapter I / Section 8517
§ Â
        8517. Local assistance.
Status: in_force

(a) At the request of any officer or official described in §§ 8507, 8509 and 8510 of this title, the Superintendent of State Police may direct the Director to assist such officer:

(1) In the establishment of local identification and record system;

(2) In investigating the circumstances of any crime and in the identification, apprehension and conviction of the perpetrator or perpetrators thereof, and for this purpose may detail such employee or employees of the Bureau, for such length of time as the Director deems fit; and

(3) Without such request the Director shall, at the direction of the Governor, detail such employee or employees, for such time as the Governor deems fit, to investigate any crime within this State, for the purpose of identifying, apprehending and convicting the perpetrator or perpetrators thereof.

(b) The Governor may, in the Governor’s discretion, delegate to the Secretary of Public Safety the powers, duties or functions set forth in this section.
11 Del. C. § 421 — Delaware Code / Title 11 / Chapter 4 / Section 421
§ Â
        421. Voluntary intoxication.
Status: in_force

The fact that a criminal act was committed while the person committing such act was in a state of intoxication, or was committed because of such intoxication, is no defense to any criminal charge if the intoxication was voluntary.
11 Del. C. § 1121 — Delaware Code / Title 11 / Chapter 5 / Subchapter V / Section 1121
§ Â
        1121. Penalties.
Status: in_force

(a) (1) Notwithstanding any other provision of Delaware law, a person who violates § 1116, § 1118, § 1119, or § 1120 of this title regarding an individual who is under 18 years old is guilty of a violation and is fined $250 for the first offense, $500 for the second offense, and $1,000 for the third and all subsequent offenses.

(2) Notwithstanding any other provision of Delaware law, a person who violates § 1116, § 1118, § 1119, or § 1120 of this title regarding an individual who is at least age 18 years old but fewer than 21 years old is subject to a civil penalty as follows:

a. For a first occurrence, fined $250.

b. For a second occurrence, fined $500.

c. For a third or subsequent occurrence, fined $1,000.

(3) a. Notwithstanding any other provision of Delaware law, a person who violates § 1116, § 1118, § 1119, or § 1120 of this title is subject to a civil penalty for selling or distributing any of the following:

1. A tobacco substitute that does not contain nicotine.

2. A tobacco product under paragraph § 1115(9)b. of this title.

b. The civil penalty under paragraph (3)a. of this section is as follows:

1. For a first occurrence, fined $250.

2. For a second occurrence, fined $500.

3. For a third or subsequent occurrence, fined $1,000.

(b) Additionally, and notwithstanding any other provision of Delaware law, in imposing a penalty for a second, third, or other subsequent offense under this subpart, the court may order the Department of Finance to suspend the defendant’s license for sale of tobacco products, issued under § 5307 of Title 30, for a period not to exceed 6 months. Upon the suspension of such license, the court shall advise the Department of Finance of the suspension in writing. The holder of the license shall surrender the license to the Department of Finance and no refund of fees will be paid. For purposes of this subpart, a subsequent offense is one that occurs within 12 months of a prior like offense.
11 Del. C. § 629 — Delaware Code / Title 11 / Chapter 5 / Subchapter II / Section 629
§ Â
        629. Vehicular assault in the first degree; class F felony.
Status: in_force

A person is guilty of vehicular assault in the first degree when while in the course of driving or operating a motor vehicle and under the influence of alcohol or drugs or with a prohibited alcohol or drug content, as defined by § 4177 of Title 21, the person’s negligent driving or operation of said vehicle causes serious physical injury to another person.

Vehicular assault in the first degree is a class F felony.
11 Del. C. § 1102 — Delaware Code / Title 11 / Chapter 5 / Subchapter V / Section 1102
§ Â
        1102. Endangering the welfare of a child; class A misdemeanor; class B, C, D, E, or G felony.
Status: in_force

(a) A person is guilty of endangering the welfare of a child when:

(1) Being a parent, guardian or any other person who has assumed responsibility for the care or supervision of a child the person:

a. Intentionally, knowingly or recklessly acts in a manner likely to be injurious to the physical, mental or moral welfare of the child; or

b. Intentionally, knowingly or recklessly does or fails to do any act, including failing to report a missing child, with the result that the child becomes a neglected or abused child; or

(2) The person knowingly contributes to the delinquency of any child less than 18 years old by doing or failing to do any act with the result, alone or in conjunction with other acts or circumstances, that the child becomes a delinquent child; or

(3) The person knowingly encourages, aids, abets or conspires with the child to run away from the home of the child’s parents, guardian or custodian; or the person knowingly and illegally harbors a child who has run away from home; or

(4) The person commits any violent felony, or reckless endangering second degree, assault third degree, terroristic threatening, unlawful imprisonment second degree, or child abuse third or fourth degree against a victim, knowing that such felony or misdemeanor was witnessed, either by sight or sound, by a child less than 18 years of age who is a member of the person’s family or the victim’s family; or

(5) The person commits the offense of driving under the influence as set forth in § 4177 of Title 21, or the offense of operating a vessel or boat under the influence as set forth in § 2302 of Title 23, and during the commission of the offense knowingly permits a child less than 18 years of age to be a passenger in or on such vehicle, vessel or boat; or

(6) The person commits any offense set forth in Chapter 47 of Title 16 in any dwelling, knowing that any child less than 18 years of age is present in the dwelling at the time; or

(7) a. A child dies, suffers a serious physical injury, suffers a physical injury, or suffers a period of altered mental or physical state because the person intentionally, knowingly, or recklessly makes available to the child through exposure, consumption, or inhalation any of the following:

1. A controlled substance that is not prescribed to the child by a physician.

2. A prescription drug that is not a controlled substance but for which a prescription is required.

b. As used in this paragraph (a)(7):

1. “Controlled substance” means as defined in § 4701 of Title 16.

2. “Prescription drug” means as defined in § 4701 of Title 16.

(b) Endangering the welfare of a child, except paragraph (a)(7) of this section, shall be punished as follows:

(1) When the death of a child occurs while the child’s welfare was endangered as defined in subsection (a) of this section, endangering the welfare of a child is a class E felony;

(2) When serious physical injury to a child occurs while the child’s welfare was endangered as defined in subsection (a) of this section, endangering the welfare of a child is a class G felony;

(3) When a child becomes the victim of a sexual offense as defined in § 761(i) of this title while the child’s welfare was endangered as defined in subsection (a) of this section, endangering the welfare of a child is a class G felony;

(4) In all other cases, endangering the welfare of a child is a class A misdemeanor.

(c) Endangering the welfare of a child, as set forth in paragraph (a)(7) of this section, shall be punished as follows:

(1) When the death of a child occurs while the child’s welfare was endangered as defined in paragraph (a)(7) of this section, endangering the welfare of a child is a class B felony.

(2) When serious physical injury to a child occurs while the child’s welfare was endangered as defined in paragraph (a)(7) of this section, endangering the welfare of a child is a class C felony.

(3) When physical injury to a child occurs while the child’s welfare was endangered as defined in paragraph (a)(7) of this section, endangering the welfare of a child is a class D felony.

(4) When physical injury to a child does not occur while the child’s welfare was endangered as defined in paragraph (a)(7) of this section, but the child suffers a period of altered mental or physical state, endangering the welfare of a child is a class A misdemeanor.

(d) For the purpose of imposing the penalties prescribed in paragraph (b)(1), (b)(2), (b)(3), (c)(1), (c)(2), (c)(3), or (c)(4) of this section, it is not necessary to prove the person’s state of mind or liability for causation with regard to the resulting death of or physical injury to the child, sexual offense against the child, or altered mental or physical state of the child, notwithstanding the provisions of § 251, § 252, § 261, § 262, § 263 or § 264 of this title, or any other statutes to the contrary.
11 Del. C. § 1222 — Delaware Code / Title 11 / Chapter 5 / Subchapter VI / Section 1222
§ Â
        1222. Perjury in the second degree; class F felony.
Status: in_force

A person is guilty of perjury in the second degree when the person swears falsely and when the false statement is:

(1) Made in a written instrument for which an oath is required by law; and

(2) Made with intent to mislead a public servant in the performance of official functions; and

(3) Material to the action, proceeding or matter involved.

Perjury in the second degree is a class F felony.
11 Del. C. § 2426 — Delaware Code / Title 11 / Chapter 24 / Subchapter II / Section 2426
§ Â
        2426. Reimbursement of costs.
Status: in_force

(a) General provision. — Except as otherwise provided in subsection (c) of this section, an investigative or law-enforcement officer obtaining the contents of communications, records or other information under § 2422, § 2423 or § 2424 of this title shall pay to the person or entity assembling or providing the information a fee for reimbursement for costs that are reasonably necessary and that have been directly incurred in searching for, assembling, reproducing or otherwise providing the information. Reimbursable costs shall include any costs due to necessary disruption of normal operations of an electronic communications service or remote computing service in which the information may be stored.

(b) Amount of fee. — The amount of the fee authorized under subsection (a) of this section shall be mutually agreed upon by the investigative or law-enforcement officer and the person or entity providing the information, or in the absence of agreement, shall be determined by the court which issued the order for production of the information or the court in which a criminal prosecution relating to the information would be brought, if no court order was issued for production of the information.

(c) Exceptions. — The requirement of subsection (a) of this section does not apply with respect to records or other information maintained by a communications common carrier that relate to telephone toll records and telephone listings obtained under § 2423 of this title. The court may, however, order a payment described in subsection (a) of this section if the court determines the information required is unusually voluminous in nature or otherwise caused an undue burden on the provider.
11 Del. C. § 5917 — Delaware Code / Title 11 / Chapter 59 / Section 5917
§ Â
        5917. Jurisdiction over violations of ordinances, codes and regulations of the governments of the several counties and municipalities; penalty; appeal; disposition of fines.
Status: in_force

(a) Justices of the peace shall have jurisdiction throughout the State to hear, try and finally determine any violation or violations of any ordinance, code or regulation of the governments of their respective counties and municipalities, including those classified in such ordinance, code or regulation as misdemeanors. Any person convicted of such violations may be fined not more than $1,000 for each violation. The Justice of the Peace Court shall accept administrative transfers from an alderman court or mayor’s court.

(b) Notwithstanding subsection (a) of this section, in any municipality with a population greater than 50,000 people, and in New Castle County, any offense under the building, housing, health or sanitation code which is classified therein as a misdemeanor, the sentence for any person convicted of such a misdemeanor offense shall include the following fines and may include restitution or such other conditions as the court deems appropriate:

(1) For the first conviction, not less than $250, nor more than $1,000.

(2) For the second conviction for the same offense, not less than $500, nor more than $2,500.

(3) For all subsequent convictions for the same offense, not less than $1,000 nor more than $5,000.

(c) In any municipality with a population greater than 50,000 people, a conviction for a misdemeanor offense, which is defined as a “continuing’' or “ongoing’' violation, shall be considered a single conviction for the purposes of paragraphs (b)(1)-(3) of this section. For all convictions subsequent to the second, the minimum fines required herein shall not be suspended, but such amounts imposed over the minimum may be suspended or subject to such other conditions as the court deems appropriate. The provisions of this subsection relating to municipalities with a population greater than 50,000 people shall not apply to offenses or convictions involving single family residences that are occupied by an owner of the property.

(d) Every person convicted under this section shall have the right to appeal to the Court of Common Pleas of this State. No such conviction or sentence shall be stayed pending appeal unless the person convicted shall give bond in an amount and with surety to be fixed by the justice of the peace before whom such person was convicted, at the time such appeal was taken. Such appeal shall be taken and bond given within 5 days from the time of conviction.

(e) Election to have a case tried by the Court of Common Pleas pursuant to § 5303 of this title shall not be applicable to violations under this section, except that any violation under this section accompanied in the same case by an additional charge or charges over which the Court of Common Pleas has jurisdiction is eligible to be transferred under such election.

(f) All fines collected for the violation of any ordinance, code or regulation of any county or municipality of this State where a summons was issued or where an arrest was procured by the authorized representatives of that county or municipality shall be paid to that county or municipality within which such violation occurred for the use of that county or municipality; otherwise such fines shall inure and be paid to the State Treasurer for the General Fund. Nothing in this subsection shall be construed to entitle any county to fines, penalties or forfeitures arising from a summons issued or an arrest made under this section by an authorized representative of that county for a violation committed within any incorporated city or town. Fines, penalties and forfeitures collected under this section shall be collected and disbursed as other fines, penalties and forfeitures are collected and disbursed under the laws of this State, and the officers collecting them shall make a monthly report thereof to the State Treasurer on blanks to be furnished for that purpose by the Department of Safety and Homeland Security. All costs collected for the violation of any county or municipal ordinance, code or regulation shall be paid to the jurisdiction whose court imposed said costs.
11 Del. C. § 4354 — Delaware Code / Title 11 / Chapter 43 / Subchapter IV / Section 4354
§ Â
        4354. Applicability to sentences imposed pursuant to truth in sentencing.
Status: in_force

No sentence imposed pursuant to the provisions of the Truth and Sentencing Act of 1989, including sentences imposed for felonies under § 4177 of Title 21, shall be subject to parole under the provisions of this subchapter.
11 Del. C. § 210 — Delaware Code / Title 11 / Chapter 2 / Section 210
§ Â
        210. Former prosecution before court lacking jurisdiction or when fraudulently procured by defendant.
Status: in_force

A prosecution is not a bar within the meaning of §§ 207, 208 and 209 of this title under any of the following circumstances:

(1) The former prosecution was before a court which lacked jurisdiction over the defendant or the offense; or

(2) The former prosecution was procured by the defendant without the knowledge of the appropriate prosecuting officer and with the purpose of avoiding the sentence which might otherwise be imposed; or

(3) The former prosecution resulted in a judgment of conviction which was held invalid on appeal or in a subsequent proceeding on a writ of habeas corpus, coram nobis or similar process.
11 Del. C. § 1457A — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1457A
§ Â
        1457A. Possession of a firearm or projectile weapon  in a Safe School Zone; class E felony.
Status: in_force

(a) As used in this section:

(1) “Constable” means as licensed under Chapter 56 of Title 24.

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

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

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

(5) “Safe School Zone” means all of the following:

a. Any building, structure, athletic field, sports stadium, or real property owned, operated, leased, or rented by any public or private school including any kindergarten, elementary, secondary, or vocational-technical school.

b. Any motor vehicle owned, operated, leased, or rented by any public or private school including any kindergarten, elementary, secondary, or vocational-technical school.

(b) Any person who knowingly possesses a firearm or projectile weapon while in a Safe School Zone shall be guilty of the crime of possession of a firearm or projectile weapon in a Safe School Zone.

(c) Subsection (b) of this section does not apply to any of the following:

(1) A police officer.

(2) A constable employed by a school or school district who is acting in an official capacity in a Safe School Zone.

(3) An active-duty member of the United States Armed Forces or Delaware National Guard who is acting in an official capacity in a Safe School Zone.

(4) A holder of a valid license to carry concealed deadly weapons under § 1441 of this title, but only if the firearm or projectile weapon is in a motor vehicle.

(5) An employee of the Department of Services for Children, Youth, and Their Families who is acting in an official capacity in a Safe School Zone and who is authorized by the Secretary of the Department to carry a firearm or projectile weapon while acting in the employee’s official capacity.

(6) A probation and parole officer who is acting in an official capacity in a Safe School Zone.

(7) A qualified retired law-enforcement officer who is employed or contracted by a school or school district to assist with security or investigations and who is acting in an official capacity in a Safe School Zone.

(d) Subsection (b) of this section does not apply in any of the following circumstances:

(1) On private property not part of school grounds.

(2) A firearm in a locked container or locked firearms rack that is in or on a motor vehicle.

(3) When engaged in any of the following:

a. Lawful hunting.

b. Firearm or projectile weapon instruction.

c. Firearm or projectile weapon-related sports on public lands, other than those belonging to a public or private school.

d. Projectile weapon-related sports on lands belonging to a public or private school authorized by the public or private school.

(e) A person who violates this section is guilty of a class E felony.

(f) If an elementary or secondary school student possesses a firearm or projectile weapon in a Safe School Zone other than under paragraph (d)(3)d. of this section, in addition to any other penalties contained in this section, the student shall be expelled by the local school board or charter school board of directors for a period of not less than 180 days unless otherwise provided for in federal or state law. The local school board or charter school board of directors may, on a case-by-case basis, modify the terms of the expulsion to less than 180 days.
11 Del. C. § 1201 — Delaware Code / Title 11 / Chapter 5 / Subchapter VI / Section 1201
§ Â
        1201. Bribery; class E felony.
Status: in_force

A person is guilty of bribery when:

(1) The person offers, confers or agrees to confer a personal benefit upon a public servant upon an agreement or understanding that the public servant’s vote, opinion, judgment, action, decision or exercise of discretion as a public servant will thereby be influenced; or

(2) The person offers, confers or agrees to confer a personal benefit upon a public servant or party officer upon an agreement or understanding that some person will or may be appointed to a public office or designated or nominated as a candidate for public office; or

(3) The person offers, confers or agrees to confer a personal benefit upon a public servant for having violated a duty as a public servant.

Bribery is a class E felony.
11 Del. C. § 8601 — Delaware Code / Title 11 / Chapter 86 / Section 8601
§ Â
        8601. Purpose.
Status: in_force

The purpose of this chapter is to manage and maintain an accurate and efficient criminal justice information system in Delaware consistent with Chapter 85 of this title and applicable federal law and regulations, the need of criminal justice agencies and courts of the State for accurate and current criminal justice information, and the right of individuals to be free from improper and unwarranted intrusions into their privacy.
11 Del. C. § 252 — Delaware Code / Title 11 / Chapter 2 / Section 252
§ Â
        252. Prescribed state-of-mind requirement applies to all material elements.
Status: in_force

When a statute defining an offense prescribes the state of mind that is sufficient for the commission of the offense, without distinguishing among the elements thereof, the provision shall apply to all the elements of the offense, unless a contrary legislative purpose plainly appears.
11 Del. C. § 8520 — Delaware Code / Title 11 / Chapter 85 / Subchapter I / Section 8520
§ Â
        8520. Annual report.
Status: in_force

The Director shall submit to the Superintendent of State Police an annual report of the conduct of the office. This report shall present summary statistics of the information collected by the Bureau.
11 Del. C. § 2009 — Delaware Code / Title 11 / Chapter 20 / Subchapter I / Section 2009
§ Â
        2009. Exception for equipment malfunction.
Status: in_force

(a) All or part of a custodial interrogation to which § 2003 of this title otherwise applies need not be recorded electronically to the extent that recording is not feasible because the available electronic recording equipment fails, despite reasonable maintenance of the equipment, and timely repair or replacement is not feasible.

(b) If both audio and video recording of a custodial interrogation are otherwise required by § 2003 of this title, recording may be by audio alone or by the use of a body-worn camera if a technical problem in the video recording equipment prevents video recording, despite reasonable maintenance of the equipment, and timely repair or replacement is not feasible.

(c) If both audio and video recording of a custodial interrogation are otherwise required by § 2003 of this title, recording may be by video alone or by the use of a body-worn camera if a technical problem in the audio recording equipment prevents audio recording, despite reasonable maintenance of the equipment, and timely repair or replacement is not feasible.

(d) If a law-enforcement officer conducts a custodial interrogation under this section, the law-enforcement officer shall prepare a written or electronic report explaining the reasoning for the malfunction, to the best of the officer’s knowledge, and summarizing the custodial interrogation process and the individual’s statements. The law-enforcement officer shall prepare the report as soon as practicable after completing the interrogation.
11 Del. C. § 872 — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 872
§ Â
        872. Falsifying business records; defense.
Status: in_force

In any prosecution for falsifying business records it is an affirmative defense that the defendant was a clerk, bookkeeper or other employee who, without personal benefit, merely executed the orders of the employer or of a superior officer or employee generally authorized to direct the defendant’s activities.
11 Del. C. § 8204 — Delaware Code / Title 11 / Chapter 82 / Section 8204
§ Â
        8204. Uniforms.
Status: in_force

The Chief of Capitol Police shall, subject to the approval of the Department, prescribe the specifications for the standard uniforms to be used by the Capitol Police.
11 Del. C. § 6539 — Delaware Code / Title 11 / Chapter 65 / Subchapter VII / Section 6539
§ Â
        6539. Supervised custody program.
Status: in_force

(a) Notwithstanding any provision of this title to the contrary, the Department may place inmates outside the institutions and facilities under the jurisdiction of the Department.

(b) The Department shall establish rules and regulations governing the eligibility of inmates for such placement and governing the conduct of inmates so placed.

(c) No inmate shall be placed in the supervised custody program established by this section unless, in addition to meeting eligibility requirements imposed by Departmental rules or regulations, the Department, in its discretion, determines that an inmate is trustworthy and does not pose a threat to the safety of the community.

(d) Any inmate released from incarceration pursuant to this section shall continue to be in the legal custody of the Department, notwithstanding the inmate’s absence from a correctional institution.

(e) If any person released pursuant to this section shall violate any of the conditions of the person’s release, the person shall immediately be returned to incarceration. Nothing in this section shall limit the discretion of the Department to return persons released pursuant to this section to incarceration. Placement into the supervised custody program shall be a privilege, not a right or entitlement, which may be withdrawn by the Department, in its absolute discretion. There shall be no judicial review of the refusal by the Department to place any inmate into the supervised custody program; nor shall there be any judicial review of the withdrawal of such privilege by the Department.

(f) Notwithstanding any provision of this title to the contrary, persons convicted of class A felonies, persons detained in default of bail and persons sentenced to minimum mandatory terms of incarceration shall not be eligible for the supervised custody program.
11 Del. C. § 8563 — Delaware Code / Title 11 / Chapter 85 / Subchapter V / Section 8563
§ Â
        8563. Child Protection Registry check for health care.
Status: repealed

(a) Definitions. — (1) “Direct access” means the opportunity to have personal contact with persons receiving care during the course of one’s assigned duties.

(2) “Health-care facility” means any custodial or residential facility where health, nutritional or personal care is provided for persons, including nursing homes, hospitals, home health-care facilities and adult day-care facilities.

(3) “Person seeking employment” means any person applying for employment in a health-care facility.

(b) No employer who operates a health-care facility may hire any person seeking employment without requesting and receiving a Child Protection Registry check for the person. Notwithstanding any provision to the contrary, no person seeking employment with such an employer may be hired if the person seeking employment is currently on the Child Protection Registry at Child Protection Level III or IV as provided in subchapter II of Chapter 9 of Title 16, or has been convicted of any offense contained in Child Protection Level IV, or for 7 years after the conviction date if the person has been convicted of any Level III offense in which a child was the victim. A person who is employed in a health-care facility has an affirmative duty to inform, and shall inform, that person’s own employer of any criminal conviction or of any entry on the Child Protection Registry.

(c) Any employer who is required to request a Child Protection Registry check under this section shall obtain a statement signed by the person seeking employment wherein the person authorizes a full release for the employer to obtain the information provided pursuant to such a check.

(d) Notwithstanding the provisions of this section, when exigent circumstances exist which require an employer to fill a position in order to maintain the required or desired level of service, the employer may hire a person seeking employment on a conditional basis after the employer has requested a Child Protection Registry check. The employment of the person pursuant to this subsection shall be conditional and contingent upon the receipt of the Child Protection Registry check by the employer. Any person hired pursuant to this subsection shall be informed in writing, and shall acknowledge in writing, that the person’s own employment is conditional, and contingent upon receipt of the Child Protection Registry check.

(e) The Department of Services for Children, Youth and Their Families shall promulgate regulations giving guidance for a procedure to notify employers of any relevant matters indicated in the Child Protection Registry check.

(f) Costs associated with providing a Child Protection Registry check shall be borne by the State.

(g) Any employer who hires a person seeking employment without requesting and receiving a Child Protection Registry check for such person shall be subject to a civil penalty or not less than $1,000 nor more than $5,000 for each violation.

(h) [Repealed.]
11 Del. C. § 6581A — Delaware Code / Title 11 / Chapter 65 / Subchapter X / Section 6581A
§ Â
        6581A. Additional duties of the Commission.
Status: in_force

The Delaware Sentencing Accountability Commission (SENTAC) is hereby directed, pursuant to § 6581(j) of this title, to modify or amend its Benchbook, so that the sentencing guidelines set forth in the Benchbook recommend that, in cases in which the weight of the controlled substance significantly exceeds the Tier 2 Controlled Substances Quantity and in which there is a conviction pursuant to § 4752 of Title 16, a sentence guideline range that is commensurate with the seriousness of the offense.
11 Del. C. § 771 — Delaware Code / Title 11 / Chapter 5 / Subchapter II / Section 771
§ Â
        771. Rape in the third degree; class B felony.
Status: repealed

(a) A person is guilty of rape in the third degree when the person:

(1) Intentionally engages in sexual intercourse with another person, and the victim has not reached that victim’s sixteenth birthday and the person is at least 10 years older than the victim, or the victim has not yet reached that victim’s fourteenth birthday and the person has reached that person’s nineteenth birthday and is not otherwise subject to prosecution pursuant to § 772 or § 773 of this title; or

(2) Intentionally engages in sexual penetration with another person under any of the following circumstances:

a. The sexual penetration occurs without the victim’s consent and during the commission of the crime, or during the immediate flight from the crime, or during an attempt to prevent the reporting of the crime, the person causes physical injury or serious mental or emotional injury to the victim; or

b. The victim has not reached that victim’s sixteenth birthday and during the commission of the crime, or during the immediate flight from the crime, or during an attempt to prevent the reporting of the crime, the person causes physical injury or serious mental or emotional injury to the victim.

(3) [Repealed.]

(b) Paragraph (a)(2) of this section does not apply to a licensed medical doctor or nurse who places 1 or more fingers or an object inside a vagina or anus for the purpose of diagnosis or treatment, or to a law-enforcement officer who is engaged in the lawful performance of his or her duties.

(c) Notwithstanding any law to the contrary, in any case in which a violation of subsection (a) of this section has resulted in the birth of a child who is in the custody and care of the victim or the victim’s legal guardian or guardians, the court shall order that the defendant, as a condition of any probation imposed pursuant to a conviction under this section, timely pay any child support ordered by the Family Court for such child.

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

Rape in the third degree is a class B felony.
11 Del. C. § 602 — Delaware Code / Title 11 / Chapter 5 / Subchapter II / Section 602
§ Â
        602. Menacing; unclassified misdemeanor.
Status: in_force

(a) A person is guilty of menacing when by some movement of body or any instrument the person intentionally places another person in fear of imminent physical injury.

Menacing is an unclassified misdemeanor.

(b) A person is guilty of aggravated menacing when by displaying what appears to be a deadly weapon that person intentionally places another person in fear of imminent physical injury. Aggravated menacing is a class E felony.
11 Del. C. § 1424 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1424
§ Â
        1424. Hearing.
Status: in_force

At the time stated in the notice, a hearing shall be held in the Superior Court. At the hearing, evidence bearing on the matter may be presented by the State and by or on behalf of the person served with the notice or alleged to be the occupant or owner of the premises. The Court may grant a continuance if it is reasonably necessary in order that all relevant evidence may be heard.
11 Del. C. § 284 — Delaware Code / Title 11 / Chapter 2 / Section 284
§ Â
        284. Definitions relating to organizational liability.
Status: in_force

(a) “Agent” means any director, officer or employee of an organization, or any other person who is authorized to act in behalf of the organization.

(b) “High managerial agent” means an officer of an organization or any other agent in a position of comparable authority with respect to the formulation of organizational policy or the supervision in a managerial capacity of subordinate employees.

(c) “Organization” means any entity listed in the definition of “person” contained in § 222 of this title, other than an individual human being.
11 Del. C. § 901 — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 901
§ Â
        901. Definition of âissuesâ and âpasses.â
Status: in_force

(a) “Issues.” — A person issues a check when, as drawer thereof or as a person who signs a check as drawer in a representative capacity or as agent of the person whose name appears thereon as the principal drawer or obligor, the person delivers it or causes it to be delivered to a person who thereby acquires a right against the drawer with respect to the check. One who draws a check with intent that it be so delivered is deemed to have issued it if the delivery occurs.

(b) “Passes.” — A person passes a check when, being a payee, holder or bearer of a check which previously has been or purports to have been drawn and issued by another, the person delivers it, for a purpose other than collection to a third person who thereby acquires a right with respect thereto.
11 Del. C. § 6502 — Delaware Code / Title 11 / Chapter 65 / Subchapter I / Section 6502
§ Â
        6502. Purposes and construction; custody of inmates.
Status: in_force

(a) A Department of Correction is established to provide for the treatment, rehabilitation and restoration of offenders as useful, law-abiding citizens within the community. To achieve these purposes more effectively in a coordinated and united manner, the Department shall be completely responsible for the maintenance, supervision and administration of adult detention and correctional services and facilities of the State, which include institutional facilities and probation and parole services. These institutions and services shall be diversified in program, construction and staff to provide effectively and efficiently for the maximum study, care, custody, training and supervision and treatment of those persons committed to the institutional facilities or on probation or parole, so that they may be prepared for release, aftercare, discharge or supervision in the community. This chapter shall be liberally construed so as to effectuate its purposes.

(b) The Department shall accept custody of all persons committed to it by courts of competent jurisdiction. Persons committed to the custody of the Department shall not be released from custody except in accordance with this title or by order of a court of competent jurisdiction.

(c) Nothing in this title shall be construed to require the release of persons committed to the custody of the Department, nor shall anything in this title be construed as a limitation on the inmate population at any of the facilities maintained by the Department.

Nothing in any regulation promulgated by the Department shall be construed as a limitation on the inmate population at any of the facilities maintained by the Department.

(d) In the event that: (1) The number of persons housed by the Department at any of its facilities exceeds the design capacity of that facility; and (2) because the inmate population at that facility exceeds the design capacity of that facility the Department is unable to provide conditions of confinement as may otherwise be required by this title or by the regulations promulgated by the Department, then the Department shall not be required to provide said conditions of confinement to the extent it is unable to do so because of the inmate population at that facility. The Commissioner shall determine the design capacity of each of the facilities maintained by the Department.

(e) For purposes of this section, the term “inmate population” shall include both convicted and pretrial detentioners.
11 Del. C. § 631 — Delaware Code / Title 11 / Chapter 5 / Subchapter II / Section 631
§ Â
        631. Criminally negligent homicide; class D felony.
Status: in_force

A person is guilty of criminally negligent homicide when, with criminal negligence, the person causes the death of another person.

Criminally negligent homicide is a class D felony.
11 Del. C. § 8707 — Delaware Code / Title 11 / Chapter 87 / Section 8707
§ Â
        8707. Annual report; quarterly reports.
Status: in_force

(a) The Council shall compile the recommendations made pursuant to § 8704(4) of this title and such other information as it deems appropriate into an annual report, which shall be made available to the Governor, the criminal justice agencies and courts of the State and political subdivisions thereof, and upon request to members of the General Assembly and the public.

(b) The Council shall compile a record of all funding distributions made by the Council during each fiscal quarter into a quarterly report which shall be made available to the General Assembly at the close of the quarter.
11 Del. C. § 1472 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1472
§ Â
        1472. Penalties.
Status: in_force

(a) Any person convicted of conduct constituting a violation of § 1471(a), (b), (d), (e) or (l) of this title shall be guilty of a class A misdemeanor for a first offense and a class G felony for a second or subsequent conviction in this State or a state with a comparable criminal code section within 3 years of a first offense.

(b) Any person convicted of conduct constituting a violation of § 1471(c), (f), (g), (h), (i), or (j) of this title shall be guilty of:

(1) A class A misdemeanor if the amount involved is less than $1,500 or;

(2) A class G felony if the amount involved is $1,500 or more but not greater than $50,000;

(3) A class E felony if the amount involved is more than $50,000 but less than $100,000;

(4) A class C felony if the amount involved is $100,000 or more.

(c) Any person convicted of conduct constituting a violation of § 1471(k) of this title shall be guilty of a class G felony.

(d) Amounts involved pursuant to 1 scheme or course of conduct, whether from the same person or several persons, may be aggregated in determining the grade of the crime.

(e) Upon conviction, the sentencing judge shall require full restitution to the victim for any monetary losses suffered and shall consider the imposition of community service and/or an appropriate curfew for a minor.

(f) Any cheating devices, slugs, paraphernalia for the manufacturing of cheating devices or related materials used by the person shall be forfeited to the Delaware State Police, including vehicles used to store such devices or paraphernalia. The Courts of the Justices of the Peace shall have concurrent jurisdiction with the Court of Common Pleas for misdemeanor offenses under this subpart and the Superior Court shall have exclusive jurisdiction for felony offenses under this subchapter.
11 Del. C. § 8595 — Delaware Code / Title 11 / Chapter 85 / Subchapter X / Section 8595
§ Â
        8595. Application process.
Status: in_force

(a) The applicant shall appear at the Bureau during regular hours of business, and shall inform the Bureau of the applicant’s desire to avail oneself of the procedure set forth in this section.

(1) The applicant shall produce identification documentation. Acceptable documentation shall include the following, with other documentation to be evaluated on a case-by-case basis:

a. A birth certificate;

b. A foreign passport;

c. A foreign driver’s license; or

d. School Identification that includes a photograph.

(2) The applicant will sign an affidavit attesting to the applicant’s identity. The affidavit will inform the applicant that if any of the information provided is proven to be false the applicant could be prosecuted under § 907 of this title.

(3) The applicant shall be required to submit fingerprints and other necessary information in order for the Bureau to run a search of Delaware state criminal databases. This search shall include a review of the applicant’s Delaware criminal history record to determine if the applicant has an alias linked to fingerprints on file at the Bureau.

(4) If the review pursuant to paragraph (a)(3) of this section identifies a conflict between the name the applicant provided and an alias on file with the State, or the applicant has an outstanding warrant for criminal charges in Delaware, the applicant’s fingerprints and other necessary information will be sent by the Bureau to the Federal Bureau of Investigation for a national background check. This national background check shall be comprised of a report of the applicant’s entire federal criminal history record, pursuant to the Federal Bureau of Investigation appropriation of Title 42 of Public Law 92-544 (28 C.F.R. § 20.33 (a)(3)).The Bureau shall be the recipients of said federal criminal history records. All costs associated with obtaining the criminal history reports required by this paragraph shall be borne by the applicant. The applicant must resolve the conflict prior to becoming eligible to obtain a driving privilege card.

(5) Fees for the criminal history background check shall be paid by the applicant prior to the commencement of the background check.

(b) The Bureau shall maintain a record of all background checks under this section to the same extent as is required by law.

(c) The Bureau will make the result known to the Division of Motor Vehicles once the applicant has successfully completed the background check. The Bureau will coordinate with the Division of Motor Vehicles to develop a procedure to ensure the applicant who successful completes this subchapter’s procedures is the same individual who applies for a driving privilege card.
11 Del. C. § 8552 — Delaware Code / Title 11 / Chapter 85 / Subchapter IV / Section 8552
§ Â
        8552. Guidelines.
Status: in_force

(a) The Director of the State Bureau of Identification shall coordinate the reporting of child sex abuser information to the Child Sex Abuse Information Repository and shall issue guidelines to all law-enforcement agencies in the State to ensure reporting accuracy.

(b) The guidelines established under subsection (a) of this section shall require that all convictions under the criminal child sex abuse laws of this State are reported to the Child Sex Abuse Information Repository.
11 Del. C. § 5304 — Delaware Code / Title 11 / Chapter 53 / Section 5304
§ Â
        5304. Contempt; issuance of process in aid of jurisdiction.
Status: in_force

(a) The Court may punish contempt and may issue all process necessary for the exercise of its criminal jurisdiction, which process may be executed in any part of the State.

(b) The Court, in the exercise of its criminal jurisdiction, may issue subpoenas and other warrants into any county in the State for summoning or bringing any person to give evidence in any matter triable before it and may enforce obedience by fine or imprisonment. Such subpoenas and warrants shall be in such form as may be prescribed by the Rules of the Court.
11 Del. C. § 920 — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 920
§ Â
        920. Transfer of recorded sounds; class G felony.
Status: in_force

(a) No person shall knowingly transfer or cause to be transferred, directly or indirectly by any means, any sounds recorded on a phonograph record, disc, wire, tape, film or other article upon which sounds are recorded, with the intent to sell or cause to be sold, or to use for profit through public performance, or to use to promote the sale of any product, such article on which sounds are so transferred, without consent of the owner; provided, that such owner is domiciled or has its principal place of business in a country which is a signatory to the Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of their Phonograms (executed on October 29, 1971, Geneva).

(b) For the purposes of this section, “owner” means the person who owns the original fixation of sounds embodied in the master phonograph record, master disc, master wire, master tape, master film or other device used for reproducing sounds on phonograph records, discs, wires, tapes, films or other articles upon which sound is recorded, and from which the transferred recorded sounds are directly or indirectly derived.

(c) Violation of this section shall constitute a class G felony.
11 Del. C. § 8402B — Delaware Code / Title 11 / Chapter 84B / Section 8402B
§ Â
        8402B. Law-enforcement agency agreements; prohibitions.
Status: in_force

(a) A law-enforcement agency may not enter into, modify, renew, or extend an agreement for either of the following:

(1) To exercise federal civil immigration authority under § 287(g) of the Immigration and Nationality Act [8 U.S.C. §1357(g)].

(2) To detain or house individuals who are in the custody of a federal immigration authority for violations of federal immigration law.

(b) Each unit of local government, law-enforcement agency, and Delaware agency with an existing immigration enforcement agreement must exercise the termination provision contained in the immigration enforcement agreement by August 13, 2025.

(c) Nothing in this section is intended to limit a law-enforcement agency from enforcing any valid court-issued warrants or orders, nor does this section prohibit a law-enforcement agency from complying with other federal statutory or regulatory requirements regarding disclosure of criminal history record information under 28 C.F.R. § 20.1 et seq.
11 Del. C. § 1453 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1453
§ Â
        1453. Unlawfully dealing with martial arts throwing star; class B misdemeanor.
Status: in_force

A person is guilty of unlawfully dealing with a martial arts throwing star when the person sells, offers for sale or has in possession a sharp metal throwing star.

Unlawfully dealing with a martial arts throwing star is a class B misdemeanor.
11 Del. C. § 9016 — Delaware Code / Title 11 / Chapter 90 / Section 9016
§ Â
        9016. Penalty assessment.
Status: in_force

(a) In addition to, and at the same time as, any fine is assessed to any criminal defendant or any child adjudicated delinquent, there must be levied an additional penalty of 18% of every fine, penalty, and forfeiture imposed and collected by the courts for crimes or offenses as defined in § 233 of this title, or $10 per offense of conviction, whichever is greater. Where multiple offenses are involved, the penalty assessment must be based on the total fine for all offenses. When a fine, penalty, or forfeiture is suspended, in whole or in part, the penalty assessment must not be suspended; provided, however, that if the penalty assessment herein imposed remains uncollected for a period in excess of 3 years, the courts may expunge the record of the assessment.

(b) The penalty assessment under subsection (a) of this section must be paid to the prothonotary or clerk of court, as applicable, and transmitted to the State Treasury to be deposited in a separate account for the administration of this chapter, designated the “Victims’ Compensation Fund”.
11 Del. C. § 1363 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1363
§ Â
        1363. Obscenity; presumption.
Status: in_force

A person who disseminates or possesses obscene material in the course of business is presumed to do so knowingly or recklessly.
11 Del. C. § 3507 — Delaware Code / Title 11 / Chapter 35 / Subchapter I / Section 3507
§ Â
        3507. Use of prior statements as affirmative evidence.
Status: in_force

(a) In a criminal prosecution, the voluntary out-of-court prior statement of a witness who is present and subject to cross-examination may be used as affirmative evidence with substantive independent testimonial value.

(b) The rule in subsection (a) of this section shall apply regardless of whether the witness’ in-court testimony is consistent with the prior statement or not. The rule shall likewise apply with or without a showing of surprise by the introducing party.

(c) This section shall not be construed to affect the rules concerning the admission of statements of defendants or of those who are codefendants in the same trial. This section shall also not apply to the statements of those whom to cross-examine would be to subject to possible self-incrimination.
11 Del. C. § 862 — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 862
§ Â
        862. Possession of forgery devices; class G felony.
Status: in_force

A person is guilty of possession of forgery devices when:

(1) The person makes or possesses with knowledge of its character and intending to use it unlawfully any plate, die or other device, apparatus, equipment or article specifically designed for use in counterfeiting or otherwise forging written instruments; or

(2) The person makes or possesses any device, apparatus, equipment or article capable of or adaptable to use for purposes of forgery, intending to use it unlawfully.

Possession of forgery devices is a class G felony.
11 Del. C. § 2412 — Delaware Code / Title 11 / Chapter 24 / Subchapter I / Section 2412
§ Â
        2412. Obstruction, impediment or prevention of interception.
Status: in_force

(a) Giving notice of interception. — A person who has knowledge that an investigative or law-enforcement officer has been authorized or has applied for authorization under this chapter to intercept wire, oral or electronic communications may not give notice or attempt to give notice of an authorized interception or pending application for authorization for interception to any other person in order to obstruct, impede or prevent such interception.

(b) Penalties. — A person who violates the provisions of subsection (a) of this section shall be guilty of a class F felony and be fined not more than $10,000.
11 Del. C. § 9426 — Delaware Code / Title 11 / Chapter 94 / Subchapter II / Section 9426
§ Â
        9426. Requirements for information from law-enforcement agencies [For application of this section, see 85 Del. Laws, c. 142, Â 13].
Status: in_force

(a) The Department of Justice shall create a summary of the rights under §§ 9423 and 9425 of this title.

(b) The summary under subsection (a) of this section must include the address of the website under § 9414(d) of this title and at a minimum, must be in English and Spanish and in a format that is as accessible as possible for individuals with disabilities.

(c) A law-enforcement agency must provide the information under this section to a witness.
11 Del. C. § 6572 — Delaware Code / Title 11 / Chapter 65 / Subchapter IX / Section 6572
§ Â
        6572. Powers.
Status: in_force

The Commissioner of the Department of Correction is hereby authorized and directed to do all things necessary or incidental to the carrying out of the Compact in every particular.
11 Del. C. § 1316 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1316
§ Â
        1316. Registration of out-of-state liquor agents; violation.
Status: in_force

(a) In order to promote and protect the public safety and the peace of the community, by reason of the presence of many persons engaged in the enforcement of the laws of other states, any agent, employee, or representative of another state shall register with the Delaware Alcoholic Beverage and Tobacco Enforcement not less than 30 days in advance of each entry into a county for the purpose of observing any alcoholic beverage sales.

(b) At the time of registration the person shall provide the following information:

(1) A written statement setting forth the identity of the out-of-state official;

(2) The purpose of the intended entry into the county;

(3) The make, model and license number of each and every vehicle to be used in the conduct of any surveillance activity;

(4) The specific establishments at which surveillance will be conducted; and

(5) The specific times for surveillance of each establishment.

(c) Any person who registers shall be issued a certificate of registration which must be retained in the possession of the person during all investigative or surveillance activities.

(d) Any person who fails to register as required by this section, or who having registered violates any provision of this section, shall lose the right to register or the person’s registration, as the case may be, for a period of 6 months.

(e) Any person who, during the period imposed by subsection (d) of this section, violates this section is guilty of a violation.

(f) Upon written request, the Delaware Alcoholic Beverage and Tobacco Enforcement shall release the information regarding agencies and officers who have registered under this section.
11 Del. C. § 2528 — Delaware Code / Title 11 / Chapter 25 / Subchapter I / Section 2528
§ Â
        2528. Prosecution for other crimes after extradition.
Status: in_force

After a person has been brought back to this State by or after waiver of extradition proceedings, the person may be tried in this State for other crimes which the person may be charged with having committed here as well as that specified in the requisition for extradition.
11 Del. C. § 1341 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1341
§ Â
        1341. Lewdness; class B misdemeanor.
Status: in_force

A person is guilty of lewdness when the person does any lewd act in any public place or any lewd act which the person knows is likely to be observed by others who would be affronted or alarmed.

Lewdness is a class B misdemeanor.
11 Del. C. § 8536 — Delaware Code / Title 11 / Chapter 85 / Subchapter II / Section 8536
§ Â
        8536. Dental records.
Status: in_force

(a) Each law-enforcement agency shall be provided with dental authorization forms, promulgated by the Attorney General, which when signed by a parent, guardian, or legal custodian of a child permits the release of dental records to law-enforcement authorities.

(b) If the missing person complaint indicates that the missing person is a child, a properly executed dental authorization must be taken to the family dentist and any other dentist who has records that would assist in identification of the missing person. The dental identification must be disseminated to the Medical Examiner and all other appropriate state agencies.
11 Del. C. § 848 — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 848
§ Â
        848. Misapplication of property; class G felony; class A misdemeanor.
Status: in_force

A person is guilty of misapplication of property when, knowingly possessing personal property of another pursuant to an agreement that it will be returned to the owner at a future time, the person sells, loans, leases, pledges, pawns or otherwise encumbers the property without the consent of the owner thereof in such a manner as to create a risk that the owner will be unable to recover it or will suffer pecuniary loss.

Misapplication of property is a class A misdemeanor, unless the value of the property received, retained or disposed of is $1,500 or more, in which case it is a class G felony.
11 Del. C. § 1406 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1406
§ Â
        1406. Being concerned in interest in keeping any gambling device; class A misdemeanor.
Status: in_force

(a) A person is guilty of being concerned in interest in keeping any gambling device when:

(1) The person keeps or exhibits a gaming table, faro bank, sweat cloth, roulette table or other device under any denomination at which cards, dice or any other game of chance is played for money, or other thing of value or other gambling device of any kind whatsoever; or

(2) The person, with the intent that it shall be kept or exhibited for use by the public, buys, sells or distributes a gaming table, faro bank, sweat cloth or other gambling device; or

(3) The person is a partner or concerned in interest in the keeping or exhibiting of a gaming table, faro bank, sweat cloth or other gambling device.

(b) Being concerned in interest in keeping any gambling device is a class A misdemeanor.

(c) An antique slot machine, as defined in § 1405 of this title, is not a gambling device for purposes of this section.
11 Del. C. § 8705 — Delaware Code / Title 11 / Chapter 87 / Section 8705
§ Â
        8705. Officials to furnish information.
Status: in_force

It shall be the duty of all officials of the State or any political subdivision thereof to furnish any information and compile any report which may be requested by the Council.
11 Del. C. § 1002 — Delaware Code / Title 11 / Chapter 5 / Subchapter IV / Section 1002
§ Â
        1002. Bigamy; defenses.
Status: in_force

In any prosecution for bigamy it is a defense that, at the time of the allegedly bigamous marriage:

(1) The accused believed, after diligent inquiry, that the prior spouse was dead; or

(2) The parties to the former marriage had been living apart for 7 consecutive years throughout which the accused had no reasonable grounds to believe that the prior spouse was alive; or

(3) A court in any American or foreign jurisdiction had entered a judgment purporting to terminate or annul any prior disqualifying marriage, and the accused did not know that judgment to be invalid; or

(4) The accused otherwise reasonably believed that the accused was legally eligible to remarry.
11 Del. C. § 8801 — Delaware Code / Title 11 / Chapter 88 / Section 8801
§ Â
        8801. Definitions.
Status: in_force

As used in this chapter:

(1) “Board” shall mean the Board of Pension Trustees established by § 8308 of Title 29.

(2) “Compensation” shall mean all salary or wages, excluding overtime payments and special payments for extra duties, payable to a member for service.

(3) “Credited service” shall mean, for any member:

a. Service as an employee;

b. Equalized state service if the member elects a unified pension;

c. Service as an employee before the date of affiliation with the Fund by the employer, provided the actuarially-determined past service cost associated with such service is paid into the Fund on a schedule approved by the Board of Pension Trustees; and

d. Service with a police department not covered under paragraph (6) of this section by someone who is subsequently employed as a police officer by a county or municipality in Delaware, which has affiliated with the Fund established by this chapter may receive credit for such previous service upon payment to the Fund, on or before the date of issuance of the individual’s first benefit check, of a single lump sum payment equal to the actuarial value of the pension benefits to be derived from such service credits compiled on the basis of actuarial assumption approved by the board and the individual’s attained age and final average compensation.

(4) “Dependent” shall mean a dependent child or dependent parent. A dependent child is a person who is unmarried and either has not attained age 18, or has attained age 18 but not age 22 and is attending school on a full-time basis, or has attained age 18 and is permanently disabled as the result of a disability which began before the dependent attained age 18. A dependent parent is the parent of a member who was receiving at least one half of the support from the member at the time of the member’s death.

(5) “Employee” shall mean:

a. An individual who is employed on a full-time basis as a police officer by a county or municipality in Delaware which has affiliated with the Fund established by this chapter; or

b. An individual who is employed on a full-time basis as a uniformed firefighter by the City of Wilmington after affiliation by the City of Wilmington with the Fund established by this chapter; or

c. An individual employed on a full-time basis as a uniformed paramedic by a county in Delaware which has affiliated with the Fund established by this chapter;or

d. An individual employed on a full-time basis with duties as both a paid firefighter and a paid emergency medical technician in a volunteer fire company which has affiliated with the Fund established by this chapter.

(6) “Equalized state service” shall mean:

a. Years of service as an “employee” as defined in § 5501(f)(1) and (3) of Title 29, multiplied by 25/30, provided that the individual is not accruing nor collecting benefits under Chapter 55 of Title 29. It shall not include service for which the employee has received the withdrawal benefit provided by § 5530 of Title 29, or the refund provided by § 5523(b) of Title 29, unless such benefit or refund is first repaid with interest at a rate determined by the Board before such service may be equalized.

b. Years of service as an “employee” as defined in § 5551(5) of Title 29, multiplied by 25/30, provided that the individual is not accruing nor collecting benefits under Chapter 55A of Title 29. It shall not include service for which the employee has received the withdrawal benefit provided by § 5580 of Title 29, or the refund provided by § 5573(b) of Title 29, unless such benefit or refund is first repaid with interest at a rate determined by the Board before such service may be equalized.

c. Years of service as an “employee” as defined in § 8351(5) of this title, multiplied by 25/25, provided that the individual is not accruing nor collecting benefits under subchapter III of Chapter 83 of this title. It shall not include service for which the employee has received the withdrawal benefit provided by § 8374 of this title, or the refund provided by § 8364(d) of this title, unless such benefit or refund is first repaid with interest at a rate determined by the Board before such service may be equalized.

(7) “Final average compensation” shall mean 1/36 of the compensation paid to an employee during any period of 36 consecutive months for services rendered during those 36 months, in the years of credited service in which the compensation was highest.

(8) The clause “for which the member is eligible under the Federal Social Security Act” shall mean the old age insurance benefit or the disability insurance benefit for which an individual is or will be eligible by virtue of age and the wage credits under the Federal Social Security Act (42 U.S.C. § 301 et seq.), based on the final average compensation and the Federal Social Security Act (42 U.S.C. § 301 et seq.) in effect when the individual ceased to be an employee under this chapter and computed in accordance with rules and regulations approved by the Board, regardless of any other factors such as, without limitation, whether the employee has made application for Social Security benefits or is subsequently employed.

(9) “Fund” shall mean the Fund established by § 8843 of this title.

(10) “Inactive member” shall mean a member who is an employee on or after the member:

a. Has terminated service;

b. Is not eligible to begin receiving a service or disability pension; and

c. Has neither applied for nor received a refund of contributions.

(11) “Member” shall mean a person who is an employee on or after the date the employer affiliates with the Fund.

(12) “Normal retirement date’' shall mean the date at which a member is eligible for a service pension pursuant to § 8813(a) of this title. For a member who has received a disability benefit, the period of disability plus credited service, not to exceed 20 years, shall be used in determining normal retirement date.

(13) “Partial disability” shall mean a medically determined physical or mental impairment which renders the member unable to function as a police officer and which is reasonably expected to last at least 12 months.

(14) “Primary survivor” shall mean a person in the following order of priority, unless the priority is changed by the member on a form prescribed by the Board on file with the Board at the time of the member’s death:

a. The surviving spouse, or

b. If there is no eligible surviving spouse, a dependent child (or with the survivor’s pension divided among them in equal shares, all such children, including and resulting from a pregnancy prior to the member’s death), or

c. If there is no eligible surviving spouse, or eligible dependent child, a dependent parent (or, with the survivor’s pension divided between them in equal shares, both such parents).

(15) “Retired member” shall mean a member who has terminated service, other than an inactive member, who is eligible to receive a service or disability pension under this chapter.

(16) “Total disability” shall mean a medically determined physical or mental impairment which renders the member totally unable to work in any occupation for which the member is reasonably suited by training or experience, which is reasonably expected to last at least 12 months.
11 Del. C. § 792 — Delaware Code / Title 11 / Chapter 5 / Subchapter II / Section 792
§ Â
        792. Coercion; truth and proper motive as a defense.
Status: in_force

In any prosecution for coercion committed by instilling in the victim a fear that the victim or another person would be charged with a crime, it is a defense that the defendant believed the threatened charge to be true and that the defendant’s sole purpose was to compel or induce the victim to take reasonable action to make good the wrong which was the subject of the threatened charge.
11 Del. C. § 6533 — Delaware Code / Title 11 / Chapter 65 / Subchapter VI / Section 6533
§ Â
        6533. Outside employment; work release.
Status: in_force

(a) The Department shall adopt rules and regulations governing the employment of trustworthy inmates outside the institutions and facilities under the jurisdiction of the Department. Said Department shall adopt policies and procedures outlining the latitude and limitations of employers who utilize the service of inmates and provide provisions for any violation by said employer.

(b) Any inmate employed under subsection (a) of this section shall continue to be in the legal custody of the Department, notwithstanding the inmate’s absence from an institution by reason of such employment and any employer of any such person shall be considered the representative of, or keeper for, the Department.

(c) Whoever, being an employer or other person, through negligent control of the inmate or otherwise, permits, or whoever counsels, advises, aids, assists, abets or procures the escape from the legal control of the Department of any inmate employed under this subchapter, shall be fined, or imprisoned, or both.

(d) Notwithstanding any other provision of this section or title to the contrary, no person shall be permitted work release under this section, until such person is within 6 months from the date of such person’s release from custody, as determined by the Department, if the person is:

(1) Serving a sentence imposed for a class A felony; or

(2) Serving a sentence imposed pursuant to § 4214 of this title; or

(3) Has previously been convicted of 2 or more of the following crimes set forth in this title under sections:

513 Conspiracy first degree;

531 Any attempt to commit any crime listed in this paragraph;

604 Reckless endangering first degree;

612 Assault second degree;

613 Assault first degree;

629 Vehicular assault first degree;

630 Vehicular homicide second degree;

630A Vehicular homicide first degree;

631 Criminally negligent homicide;

632 Manslaughter;

635 Murder second degree;

768 Unlawful sexual contact second degree;

769 Unlawful sexual contact first degree;

[Former] 770 Unlawful sexual penetration third degree;

[Former] 771 Unlawful sexual penetration second degree;

[Former] 772 Unlawful sexual penetration first degree;

[Former] 773 Unlawful sexual intercourse third degree;

[Former] 774 Unlawful sexual intercourse second degree;

770 Rape in the fourth degree;

771 Rape in the third degree;

772 Rape in the second degree;

773 Rape in the first degree;

776 Continuous sexual abuse of a child;

782 Unlawful imprisonment first degree;

783 Kidnapping second degree;

783A Kidnapping first degree;

801 Arson third degree;

802 Arson second degree;

803 Arson first degree;

831 Robbery second degree;

832 Robbery first degree;

[Former] 835 Carjacking in the second degree;

[Former] 836 Carjacking in the first degree;

1108 Sexual exploitation of a child;

1254 Assault in a detention facility;

1302 Riot;

1312A Stalking;

1338 Bombs, incendiary devices, Molotov cocktails and explosive devices;

1447 Possession of a deadly weapon during the commission of a felony;

1447A Possession of a firearm or projectile weapon during the commission of a felony;

1448 Possession of a deadly weapon by a person prohibited; or

3533 Aggravated act of intimidation.

(e) All wages, salary, or other compensation earned by or payable to an inmate employed in accordance with this section shall be placed in said inmate’s account and subject to deductions in accordance with the provisions of § 6532(f) of this title.

(f) Notwithstanding any other provision of this section or title to the contrary, no person who has previously been convicted under § 1252 or § 1253 of this title or any attempt to commit such crimes under § 531 of this title shall be permitted outside employment or work release under this section.

(g) Funds collected for goods produced or services performed by offenders housed at a Community Corrections facility shall be deposited in the Bureau of Community Corrections Special Services Fund. Such funds shall be used to support the operational costs for offender re-entry and work programs in the Bureau of Community Corrections. The Bureau of Community Corrections Special Services Fund shall be appropriated and expended in conformity with the annual Appropriations Act of the State.
11 Del. C. § 1104 — Delaware Code / Title 11 / Chapter 5 / Subchapter V / Section 1104
§ Â
        1104. Treatment of a child by a prayer as a defense to a charge of not providing medical care or treatment.
Status: in_force

In any prosecution for endangering the welfare of a child, except where it is alleged to be punishable under § 1102(b)(1) or (b)(2) of this title, which is based upon an alleged failure or refusal to provide proper medical care or treatment to an ill child, it is an affirmative defense that the accused is a member or adherent of an organized church or religious group, the tenets of which prescribe prayer as the principal treatment for illness, and treated or caused the ill child to be treated in accordance with those tenets; provided, that the accused may not assert this defense when the person has violated any laws relating to communicable or reportable diseases and to sanitary matters.
11 Del. C. § 423 — Delaware Code / Title 11 / Chapter 4 / Section 423
§ Â
        423. Involuntary intoxication as a defense.
Status: in_force

In any prosecution for an offense it is a defense that, as a result of intoxication which is not voluntary, the actor at the time of the conduct lacked substantial capacity to appreciate the wrongfulness of the conduct or to perform a material element of the offense, or lacked sufficient willpower to choose whether the person would do the act or refrain from doing it.
11 Del. C. § 634 — Delaware Code / Title 11 / Chapter 5 / Subchapter II / Section 634
§ Â
        634. Murder by abuse or neglect in the first degree; class A felony.
Status: in_force

(a) A person is guilty of murder by abuse or neglect in the first degree when the person recklessly causes the death of a child:

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

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

(b) For the purpose of this section:

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

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

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

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

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

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

(d) Murder by abuse or neglect in the first degree is a class A felony.
11 Del. C. § 2423 — Delaware Code / Title 11 / Chapter 24 / Subchapter II / Section 2423
§ Â
        2423. Disclosure of information.
Status: in_force

(a) Disclosure of contents of communications to investigative or law-enforcement officers by electronic communication service or remote computing service. — (1) An investigative or law-enforcement officer may require a provider of electronic communication service or remote computing service to disclose the contents of an electronic communication that is in electronic storage in an electronic communications system or remote computing service for 180 days or less only in accordance with a search warrant issued by a court of competent jurisdiction.

(2) An investigative or law-enforcement officer may require a provider of electronic communication service or remote computing service to disclose the contents of an electronic communication that is in electronic storage in an electronic communications system or remote computing service for more than 180 days in accordance with the procedures provided under subsection (b) of this section.

(b) Procedures. — (1) An investigative or law-enforcement officer may require a provider of remote computing service to disclose the contents of an electronic communication to which this section applies:

a. Without notice to the subscriber or customer if the officer obtains a search warrant issued by a court of competent jurisdiction; or

b. With prior notice to the subscriber or customer if the officer:

1. Obtains a subpoena issued by a court of competent jurisdiction, a grand jury, or as authorized by Chapter 25 of Title 29; or

2. Obtains a court order requiring the disclosure under subsection (d) of this section.

(2) The procedures set forth in this subsection apply to any electronic communication that is held or maintained on a remote computer service that it has received:

a. On behalf of and by means of electronic transmission from or created by means of computer processing of communications received by means of electronic transmission from a subscriber or customer of the remote computing service; and

b. Solely for the purpose of providing storage or computer processing services to the subscriber or customer if the provider is not authorized to access the contents of any communication for purposes of providing any services other than storage or computer processing.

(c) Definition of “record or other information.” — (1) For the purposes of this subsection, “record or other information” does not include the contents of communications to which subsections (a) and (b) of this section apply.

(2) Except as provided in this subdivision, a provider of electronic communications service or remote computing service may not disclose a record or other information pertaining to a subscriber or customer of the service to any person other than an investigative or law-enforcement officer.

A provider of electronic communications service or remote computing service shall disclose a record or other information pertaining to a subscriber to or a customer of the service to an investigative or law-enforcement officer only if the officer:

a. Obtains a subpoena issued by a court of competent jurisdiction, a grand jury, or as authorized by Chapter 25 of Title 29;

b. Obtains a search warrant from a court of competent jurisdiction;

c. Obtains a court order requiring the disclosure under subsection (d) of this section; or

d. Has the consent of the subscriber or customer to the disclosure.

(3) An investigative or law-enforcement officer receiving records or information under this subsection is not required to provide notice to a subscriber or customer.

(d) Court orders. — (1) A court of competent jurisdiction may issue an order requiring disclosure under subsection (b) or (c) of this section only if the investigative or law-enforcement officer shows that there is reason to believe the contents of an electronic communication that is in an electronic communications system or remote computing service or the record or other information sought is relevant to a legitimate law-enforcement inquiry.

(2) A court issuing an order under this section may quash or modify the order on a motion made promptly by the service provider if the information or records requested are unusually voluminous in nature or if compliance with the order otherwise would cause an undue burden on the provider.

(e) Causes of action. — Nothing in this chapter may be construed as creating a cause of action against any provider of electronic communication service or remote computing service, such service’s officers, employees, or agents or other specified persons for providing information, facilities or assistance in accordance with the terms of a court order, warrant, subpoena or certification under this chapter.
11 Del. C. § 645 — Delaware Code / Title 11 / Chapter 5 / Subchapter II / Section 645
§ Â
        645. Promoting suicide; class F felony.
Status: in_force

A person is guilty of promoting suicide when the person intentionally causes or aids another person to attempt suicide, or when the person intentionally aids another person to commit suicide.

Promoting suicide is a class F felony.
11 Del. C. § 1257A — Delaware Code / Title 11 / Chapter 5 / Subchapter VI / Section 1257A
§ Â
        1257A. Use of an animal to avoid capture, class G felony; class A misdemeanor.
Status: in_force

(a) A person is guilty of using an animal to avoid capture when, with the intent to prevent, hinder or delay the apprehension of a wanted person, including themselves, they release any animal against a law-enforcement or other authorized person to make arrests under Delaware law.

(b) Use of an animal to avoid capture is a class G felony:

(1) If the person commits any of the acts set forth in subsection (a) of this section with intent to prevent, hinder or delay the discovery or apprehension of, or the lodging of a criminal charge against, a person whom that person knows committed acts constituting a felony, or is being sought by law-enforcement officers for the commission of a felony, or

(2) If the animal injures the law-enforcement officer.

(c) Use of an animal to avoid capture is a class A misdemeanor if the person commits any of the acts set forth in subsection (a) of this section with intent to prevent, hinder or delay the discovery or apprehension of, or the lodging of a criminal charge against, a person whom that person knows committed acts constituting a crime other than a felony, or is being sought by law-enforcement officers for the commission of a crime other than a felony.
11 Del. C. § 1345 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1345
§ Â
        1345. Screening for sexually transmissible diseases.
Status: in_force

(a) Any person convicted under § 1342 or § 1343 of this title shall be ordered to undergo testing for sexually transmitted diseases, abbreviated “STD,” as designated by the Department of Health and Social Services in its rules and regulations.

(b) The result of any STD test conducted pursuant to this subsection shall not be a public record for purposes of Chapter 100 of Title 29.

(c) The result of any STD testing conducted pursuant to this section shall only be released by the Division of Public Health to the defendant, the defendant’s spouse and the court issuing the order for testing except as otherwise permitted under § 711 of Title 16.

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

(e) Filing of a notice of appeal shall not automatically stay an order that the defendant submit to STD testing.
11 Del. C. § 5303 — Delaware Code / Title 11 / Chapter 53 / Section 5303
§ Â
        5303. Election by accused to have case tried by Court when proceeding brought before justice of the peace.
Status: in_force

The accused in all criminal cases in which there is a possibility that a period of incarceration may be imposed or the maximum fine is $100 or more where a justice of the peace or alderman or mayor of any incorporated city or town, except the City of Newark, in the county where the charge is brought has jurisdiction and power to hear and finally determine the matter, may elect at any time prior to day of trial to have the case tried by the Court. If an offense or criminal case within the exclusive jurisdiction of a justice of the peace or alderman or mayor of any incorporated city or town, except the City of Newark, is or may be joined properly with a criminal case or other offense that is within the jurisdiction of the Court and has been transferred upon the accused’s election pursuant to this section, such criminal case shall be within the jurisdiction of the Court.
11 Del. C. § 9423 — Delaware Code / Title 11 / Chapter 94 / Subchapter II / Section 9423
§ Â
        9423. Rights of witnesses to crime.
Status: in_force

A witness to a crime has all of the following rights:

(1) To maintain the confidentiality of their personal information as follows:

a. A law-enforcement agency may not disclose the identity, residential address, telephone number, school, or place of employment of a witness or a member of the witness’ family, except as allowed under paragraph (1)d. of this section.

b. A court may not compel a witness or a member of the witness’s family testifying in a criminal proceeding to disclose their residential address, school, or place of employment on the record unless allowed under paragraph (1)d. of this section.

c. The information about a witness or a member of the witness’s family under paragraphs (1)a. and (1)b. of this section is not a public record under the Freedom of Information Act, Chapter 100 of Title 29.

d. A law-enforcement agency may disclose, or a court may compel testimony about, the information under paragraphs (1)a. and (1)b. of this section if any of the following apply:

1. The individual waives confidentiality in writing.

2. The individual’s residential address, school, or place of employment is the site of the crime.

3. A. Disclosure of the information is required by law or the Rules of Criminal Procedure, necessary for law-enforcement purposes, or a court finds that there is good cause and the disclosure is necessary.

B. To alert a school district or charter school, under § 8502(8)e. of this title, that a minor child or a child that has reached the age of 18 that continues to be enrolled in high school has been identified at the scene of a traumatic event.

(2) If the witness is a child, to an expedited trial, especially if the case involves child abuse or child sexual abuse.

(3) If the witness is an individual with a cognitive disability, all of the following apply:

a. The witness has a right to an explanation, in language the witness understands, of all legal proceedings in which the witness will be involved.

b. The witness, and the witness’s family, to information about appropriate social services and programs to assist witnesses, specifically information regarding coping with the emotional impact of the crime and the subsequent court proceedings in which the witness will be involved.

c. The court and the prosecution shall take appropriate action to ensure a prompt trial in order to minimize the length of time the witness must endure the stress of the witness’s involvement in the proceedings. In ruling on any motion or other request for a delay or continuance of proceedings, the court shall consider and give weight to any adverse impact such delay or continuance might have on the well-being of a witness with a cognitive disability.

d. The court shall provide a waiting area for a witness that is separate and secure from the defendant, defendant’s relatives, and defense witnesses if available and the use of the area is practicable. If a separate and secure waiting area is not available or practicable, the court shall provide other safeguards to minimize the witness’s contact with the defendant, defendant’s relatives, and defense witnesses during court proceedings.

e. When attending proceedings at a court, a witness has the right to express safety concerns and to request reasonable measures to ensure their safety, including modifications to standard practices, policies, and procedures.

f. At the witness’s request, the court shall permit the presence of an individual to provide support to the witness at a proceeding unless the court determines that the exclusion of the individual is necessary to protect the defendant’s right to a fair trial.

g. If the witness is an individual with a cognitive disability, the individual who attends the proceedings under paragraph (3)f. of this section may advise the judge, when appropriate, as a friend of the court, regarding the witness’s cognitive disability and the witness’s ability to understand proceedings and questions.

(4) To the prompt return of property from a law-enforcement agency when the property is no longer needed to evidentiary purposes unless the property is illegal or subject to forfeiture.
11 Del. C. § 8351 — Delaware Code / Title 11 / Chapter 83 / Subchapter III / Section 8351
§ Â
        8351. Definitions.
Status: in_force

For purposes of this subchapter:

(1) “Board” shall mean the Board of Pension Trustees established by § 8308 of Title 29.

(2) “Compensation” shall mean all salary or wages, excluding overtime payments and special payments for extra duties, payable to a member for service.

(3) “Credited service” shall mean, for any member:

a. Service as an employee; and

b. Equalized state service if the member elects a unified pension.

(4) “Dependent” shall mean a dependent child or dependent parent. A dependent child is a person who is unmarried and either:

a. Has not attained age 18; or

b. Has attained age 18 but not age 22 and is attending school on a full-time basis; or

c. Has attained age 18 and is permanently disabled as the result of a disability which began before the child attained age 18.

A dependent parent is the parent of a member who was receiving at least one half of the parent’s support from the member at the time of the member’s death.

(5) “Employee” shall mean an individual who is first employed by the State on or after July 1, 1980, on a full-time basis pursuant to an appointment as a State Police officer, as provided in § 8301 of this title.

(6) “Equalized state service” shall mean:

a. Years of service as an “employee” as defined in § 5501(f)(1), (f)(2), and (f)(3) of Title 29, multiplied by 25/30, provided that the individual is not accruing nor collecting benefits under Chapter 55 of Title 29. It does not include service for which the employee has received the withdrawal benefit provided under § 5530 of Title 29, or the refund provided under § 5523(b) of Title 29, unless such benefit or refund is first repaid with interest at a rate determined by the Board before such service may be equalized.

b. Years of service as an "employee" as defined in § 5551(5) of Title 29, multiplied by 25/30, provided that the individual is not accruing nor collecting benefits under Chapter 55A of Title 29. It shall not include service for which the employee has received the withdrawal benefit provided by §  5580 of Title 29, or the refund provided by §  5573(b) of Title 29, unless such benefit or refund is first repaid with interest at a rate determined by the Board before such service may be equalized.

c. Years of service as an “employee” as defined in § 8801(5) of this title multiplied by 25/25, provided that the individual is not accruing nor collecting benefits under Chapter 88 of this title. It shall not include service for which the employee has received the withdrawal benefit provided by § 8824 of this title, or the refund provided by § 8814(d) of this title, unless such benefit or refund is first repaid with interest at a rate determined by the Board before such service may be equalized.

(7) “Final average compensation” shall mean 1/36 of the compensation paid to an employee during any period of 36 consecutive months or any 36 months comprised of 3 periods of 12 consecutive months in the years of credited service in which the compensation was highest.

(8) “Fund” shall mean the Fund established by § 8393 of this title.

(9) “Inactive member” shall mean a member who:

a. Has terminated service;

b. Is not eligible to begin receiving a service or disability pension; and

c. Has neither applied for nor received a refund of the contributions.

(10) “Member” shall mean a person who is first hired as an employee on or after July 1, 1980, and whose compensation is not subject to the federal old-age, survivors and disability insurance tax.

(11) Normal retirement date’' shall mean the date at which a member is eligible for a service pension pursuant to § 8363(a) of this title. For a member who has received a disability benefit, the period of disability plus credited service, not to exceed 20 years, shall be used in determining normal retirement date.

(12) “Partial disability” shall mean a medically determined physical or mental impairment which renders the member unable to function as a State Police officer and which is reasonably expected to last at least 12 months.

(13) “Primary survivor” shall mean a person in the following order of priority, unless the priority is changed by the member on a form prescribed by the Board and filed with the Board at the time of the member’s death:

a. The surviving spouse; or

b. If there is no eligible surviving spouse, a dependent child (or with the survivor’s pension divided among them in equal shares, all such children, including any resulting from a pregnancy prior to the member’s death); or

c. If there is no eligible surviving spouse, or eligible dependent child, a dependent parent (or, with the survivor’s pension divided between them in equal shares, both such parents).

(14) “Retired member” shall mean a member who has terminated service, other than an inactive member, who is eligible to receive a service or disability pension under this subchapter.

(15) “Total disability” shall mean a medically determined physical or mental impairment which renders the member totally unable to work in any occupation for which the member is reasonably suited by training or experience, which is reasonably expected to last at least 12 months.