11 Del. C. § 301 — Delaware Code / Title 11 / Chapter 3 / Section 301
§ Â
        301. Stateâs prima facie case; proof beyond reasonable doubt.
Status: in_force

(a) In any prosecution for an offense, a prima facie case for the State consists of some credible evidence tending to prove the existence of each element of the offense.

(b) No person may be convicted of an offense unless each element of the offense is proved beyond a reasonable doubt.

(c) In any prosecution for any compound crime, including but not limited to first degree murder under § 636(a)(2) or (a)(6) of this title or for second degree murder under § 635(2) of this title, the corpus delicti of the underlying felony need not be proved independently of a defendant’s extrajudicial statement.
11 Del. C. § 6597 — Delaware Code / Title 11 / Chapter 65 / Subchapter XII / Section 6597
§ Â
        6597. Public display or public posting of a correctional officerâs personal information by persons.
Status: in_force

(a) Prohibited conduct. —

(1) No person shall publicly post or publicly display the personal information of a correctional officer or their family if the correctional officer has made a written request under § 6598 of this title of that person not to publicly post or publicly display.

(2) No person shall share, solicit, sell, or trade the personal information of a correctional officer or their family with the intent to pose an imminent and serious threat to the health and safety of the correctional officer or their family.

(b) Required conduct. —

(1) After a person has received a written request from a correctional officer to protect the personal information of the correctional officer or their family, that person must remove the personal information from public display within 72 hours or, in the case of a printed directory, no later than the next update to the directory.

(2) After a person has received a written request from a correctional officer, that person shall ensure that the correctional officer’s personal information is not publicly displayed, including on any website or subsidiary website controlled by that person.

(c) Remedies. —

(1) Equitable relief. —

A correctional officer or family member whose personal information is made public as a result of a violation of this subchapter may bring an action seeking injunctive or declaratory relief in any court of competent jurisdiction. If the court grants injunctive or declaratory relief, the person responsible for the violation shall be required to pay the correctional officer’s costs and reasonable attorneys’ fees.

(2) Private right of action. —

A correctional officer or family member whose personal information is publicly posted or publicly displayed in violation of this subsection may bring an action in any court of competent jurisdiction. A prevailing plaintiff in such action shall be awarded damages in an amount not greater than 3 times the actual damages to the plaintiff and not less than $10,000.

(3) Criminal penalties. —

Public posting or display of a correctional officer’s personal information after receipt of a written request may result in criminal penalties under Title 11 where the statutory elements of a crime defined under that title are met.

(d) Affirmative defense. —

Nothing in this section shall be construed to limit or enlarge the protections that 47 U.S.C § 230 confers on an interactive computer service for content provided by another information content provider, as those terms are defined in 47 U.S.C. § 230.
11 Del. C. § 5122 — Delaware Code / Title 11 / Chapter 51 / Subchapter II / Section 5122
§ Â
        5122. Conflict between rules and statutes.
Status: in_force

Any inconsistency or conflict between any rule of court promulgated under the authority of § 5121 of this title, or prior law, and any of the provisions of this Code or other statute of this State, dealing with practice and procedure in criminal actions in the Superior Court, shall be resolved in favor of such rule of court.
11 Del. C. § 2011 — Delaware Code / Title 11 / Chapter 20 / Subchapter I / Section 2011
§ Â
        2011. Notice of intent to introduce unrecorded statement.
Status: in_force

If the prosecution intends to introduce in its case in chief a statement made by an individual during a custodial interrogation to which § 2003 of this title applies which was not recorded electronically, the prosecution shall serve the individual with written notice of that intent and of any exception on which the prosecution intends to rely. The prosecution must serve the notice no later than when the statement is provided to the individual as part of discovery.
11 Del. C. § Â§â1334 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section Â§â1334
§ Â
        Ââ1334. Unlawful use of an unmanned aircraft system; unclassified misdemeanor; class B misdemeanor; class A misdemeanor.
Status: in_force

(a) Definitions. —

The following terms shall have the following meanings as used in this section.

(1) “Critical infrastructure” means petroleum refineries, petroleum storage facilities, chemical storage facilities, chemical manufacturing facilities, fuel storage facilities, electric substations, power plants, electric generation facilities, military facilities, commercial port and harbor facilities, rail yard facilities, drinking water treatment or storage facilities, correctional facilities, government buildings, and public safety buildings or facilities.

(2) “First responder” means federal, state, and local law-enforcement officers, fire, and emergency medical services personnel, hazardous materials response team members, 911 dispatchers, or any individual who is responsible for the protection and preservation of life and is directed to respond to an incident that could result in death or serious injury.

(3) “Unmanned aircraft system” means a powered, aerial vehicle that:

a. Does not carry a human operator;

b. Uses aerodynamic forces to provide vehicle lift;

c. Can fly autonomously or be piloted remotely; and

d. Can be expendable or recoverable.

(b) Prohibited acts. —

Except as provided in this section, no person shall knowingly operate, direct, or program an unmanned aircraft system to fly:

(1) Over any sporting event, concert, automobile race, festival, or other event at which more than 1500 people are in attendance; or

(2) Over any critical infrastructure; or

(3) Over any incident where first responders are actively engaged in response or air, water, vehicular, ground, or specialized transport; or

(4) So as to subject another person, who is on private property, to harassment in violation of § 1311(a) of this title; or

(5) So as to invade the privacy of another person, who is on private property, in violation of § 1335(a)(1), (2), (3), (4), or (6) of this title; or

(6) So as to violate or fail to obey any provision of a protective order issued by any of the following:

a. The Family Court.

b. A court of any state, territory, or Indian nation in the United States, as long as such violation or failure to obey occurs in Delaware.

c. A court of Canada, as long as such violation or failure to obey occurs in Delaware.

(c) Exemptions. —

The prohibitions set forth in subsection (b) of this section shall not apply to:

(1) An unmanned aircraft system used for law enforcement purposes; or

(2) An unmanned aircraft system flying over property where written permission has been granted by the property owner or occupier; or

(3) An unmanned aircraft system operated by an institution of higher education for educational purposes in compliance with Federal Aviation Administration regulations; or

(4) An unmanned aircraft system that is being used for a commercial or other purpose if the operator is authorized by the Federal Aviation Administration.

(d) Penalties. —

Except as set forth in § 1256 of this title, unlawful use of an unmanned aircraft system is an unclassified misdemeanor for a first offense and a class B misdemeanor for a second or subsequent offense, except that in any case where physical injury to a person or damage to property occurs as a result of a violation of this section unlawful use of an unmanned aircraft system is a class A misdemeanor.

(e) Preemption. —

Only the State may enact a law or take any other action to prohibit, restrict, or regulate the testing or operation of an unmanned aircraft systems in the State. This section preempts the authority of a county or municipality to prohibit, restrict, or regulate the testing or operating of unmanned aircraft systems and supersedes any existing law or ordinance of a county or municipality that prohibits, restricts, or regulates the testing or operating of unmanned aircraft systems.
11 Del. C. § 1103C — Delaware Code / Title 11 / Chapter 5 / Subchapter V / Section 1103C
§ Â
        1103C. Child abuse in the first degree; class A felony.
Status: in_force

(a) A person is guilty of child abuse in the first degree when the person intentionally or recklessly causes serious physical injury to a child and that injury causes permanent disfigurement, permanent impairment of health, or permanent loss or impairment of a bodily organ.

(b) Child abuse in the first degree is a class A felony.
11 Del. C. § 3523 — Delaware Code / Title 11 / Chapter 35 / Subchapter II / Section 3523
§ Â
        3523. Testimony in this State.
Status: in_force

(a) If a person in any state, which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions or grand jury investigations commenced or about to commence in this State, is a material witness in a prosecution pending in a court of record in this State or in a grand jury investigation which has commenced or is about to commence, a judge of such court may issue a certificate under the seal of the court stating these facts and specifying the number of days the witness will be required. The certificate may include a recommendation that the witness be taken into immediate custody and delivered to an officer of this State to assure attendance in this State. This certificate shall be presented to a judge of a court of record in the county in which the witness is found.

(b) If the witness is summoned to attend and testify in this State the witness shall be tendered the sum of 10 cents a mile for each mile by the ordinarily traveled route to and from the court where the prosecution is pending and $5.00 for each day that the witness is required to travel and attend as a witness. A witness who has appeared in accordance with the summons shall not be required to remain within this State a longer period of time than the period mentioned in the certificate, unless otherwise ordered by the court. If such witness, after coming into this State, fails without good cause to attend and testify as directed in the summons, the witness shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this State.
11 Del. C. § 8580 — Delaware Code / Title 11 / Chapter 85 / Subchapter VII / Section 8580
§ Â
        8580. Definitions.
Status: in_force

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

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

(2) “Gold Alert Program” or “Program” means the procedures used to aid in the identification and location of a missing person as defined under paragraphs (4), (5), (6), and (7) of this section. Gold Alerts may be local, regional, or statewide. The initial decision to issue a local Gold Alert is at the discretion of the investigating law-enforcement agency.

(3) “Investigating law-enforcement agency” means the law-enforcement agency which has primary jurisdiction in the area in which a missing person complaint has been filed.

(4) “Missing person with a disability” means a person who is all of the following:

a. Whose whereabouts are unknown.

b. Whose domicile at the time that the person is reported missing is Delaware.

c. Who has a disability.

d. Whose disappearance poses a credible threat to the health or safety of the person, as determined by the investigating law-enforcement agency.

(5) “Missing senior citizen” means a person who is all of the following:

a. Whose whereabouts are unknown.

b. Whose domicile at the time that the person is reported is missing is Delaware.

c. Whose age at the time that the person is first reported missing is 60 years of age or older.

d. Whose disappearance poses a credible threat to the health or safety of the person, as determined by the investigating law-enforcement agency.

(6) “Missing suicidal person” means a person who is all of the following:

a. Whose whereabouts are unknown.

b. Whose domicile at the time that the person is reported missing is Delaware.

c. Whose disappearance is voluntary.

d. Whose statement, actions, or conduct indicate that the missing person may voluntarily cause or inflict harm on themselves, and whose disappearance poses a credible threat to the health or safety of the person, as determined by the investigating law-enforcement agency.

(7) “Missing child” means a person who is all of the following:

a. Whose whereabouts are unknown.

b. Whose domicile at the time that the person is reported missing is Delaware.

c. Who is a minor who has not married, and who resides with a parent or other legal guardian.

d. Whose disappearance does not meet the criteria for an Amber Alert but does pose a credible threat to the health and safety of the person, as determined by the investigating law-enforcement agency.
11 Del. C. § 8101 — Delaware Code / Title 11 / Chapter 81 / Section 8101
§ Â
        8101. Declaration of policy.
Status: in_force

It shall be the policy of this State for its various law-enforcement agencies to fully employ electronic technology and interjurisdictional information and analysis sharing programs to deter and solve gun crimes.
11 Del. C. § 8804 — Delaware Code / Title 11 / Chapter 88 / Section 8804
§ Â
        8804. Waiver of benefits.
Status: in_force

Any individual entitled to any benefits under this chapter may decline to accept all or any part of such benefits by a waiver signed and filed with the Board. Such waiver may be revoked in writing at any time, but no payment of the benefits waived shall be made covering the period during which such waiver was in effect.
11 Del. C. § 841B — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 841B
§ Â
        841B. Theft: Organized retail crime; class A misdemeanor; class E felony.
Status: in_force

(a) A person is guilty of “theft: organized retail crime” when the person takes, exercises control over, or obtains retail merchandise of another person intending to deprive that person of it, or receives stolen property in violation of § 851 of this title, in quantities that would not normally be purchased for personal use or consumption, with the intent to appropriate or to resell or reenter the merchandise into commerce.

(b) For purposes of this section, a series of organized retail crime thefts committed by a person or group of persons may be aggregated into 1 count or charge, with the sum of the value of all the retail merchandise being the value considered in determining the degree of theft: organized retail crime.

(c) In addition to the provisions of § 841(c) and (d) of this title, if a defendant has 2 or more times been convicted of theft: organized retail crime, the offense of theft: organized retail crime is a class E felony.
11 Del. C. § 2511 — Delaware Code / Title 11 / Chapter 25 / Subchapter I / Section 2511
§ Â
        2511. Denial of rights of accused; penalty.
Status: in_force

Whoever, being an officer, delivers to the agent for extradition of the demanding state a person in the officer’s custody under the Governor’s warrant, in wilful disobedience of § 2510 of this title, shall be fined not more than $1,000 or imprisoned not more than 6 months, or both.
11 Del. C. § 9301 — Delaware Code / Title 11 / Chapter 93 / Section 9301
§ Â
        9301. Police chief removal; right to hearing; appeal.
Status: in_force

(a) No colonel, chief of police or any officer who is the highest ranking officer of a legislatively authorized police department within this State, except the Police Chief of the City of Wilmington, Chief of New Castle County Police, and any colonel, chief of police or highest ranking officer of a police agency that is a division of the Department of Safety and Homeland Security, shall be dismissed, demoted or otherwise removed from office unless there is a showing of just cause and such person has been given notice in writing of the specific grounds for such action and an opportunity to be heard in the person’s own defense, personally and/or by counsel, at a hearing, which may be public at the request of the person, before a panel appointed under the auspices of the Delaware Criminal Justice Council, such panel to consist of 3 persons, 1 to be appointed by the Chair of the Delaware Police Chiefs’ Council, 1 by the President of the Delaware League of Local Governments, and 1 by the Chair of the Delaware Criminal Justice Council, provided that the Delaware Criminal Justice Council appointee shall not be an actively-serving law-enforcement officer. Such hearing shall be held on not less than 5 days written notice and not more than 30 days after such notice, unless the parties agree otherwise, in writing. The hearing panel’s decision shall be by majority vote and based upon the evidence presented at the hearing. The hearing panel shall issue a written decision as to whether the charges against the colonel, chief or highest ranking officer were substantiated or unsubstantiated within 20 days of the conclusion of the hearing.

(b) If the hearing panel determines that the charges against the colonel, chief or highest ranking officer were unsubstantiated, it may award the colonel, chief or highest ranking officer his or her reasonable attorneys’ fees.

(c) Any appeals from the process described in subsection (a) of this section shall be on the record to the Superior Court from the county in which the hearing was held. All such appeals shall be undertaken by filing a notice of appeal with the Court within 90 days of receipt of the hearing panel’s written decision.

(d) By September 30, 2013, the Delaware Criminal Justice Council, the Delaware Police Chiefs’ Council, and the Delaware League of Local Governments shall each appoint 2 representatives to a Rules Committee. One representative from the Delaware Criminal Justice Council shall chair the committee.

(e) By March 30, 2014, the Rules Committee created pursuant to subsection (d) of this section shall adopt rules and procedures to govern proceedings brought under this section. Thereafter, the Rules Committee shall meet at the call of the Chair to amend the rules and procedures as deemed necessary or appropriate.
11 Del. C. § 2323 — Delaware Code / Title 11 / Chapter 23 / Subchapter II / Section 2323
§ Â
        2323. Transportation of controlled substances as grounds for seizure.
Status: repealed

Whenever any vehicle, as defined in this subchapter, is used or intended for use to transport or in any manner to facilitate the transportation of any controlled substance in violation of subchapter IV of Chapter 47 of Title 16, it shall forthwith be seized and taken into custody by the peace officer or officers having knowledge of the facts of such use, and any forfeiture proceeding shall be conducted in accordance with subchapter VI of Chapter 47 of Title 16.

(1)-(4) [Repealed.]
11 Del. C. § 904 — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 904
§ Â
        904. Definition of âpayment cardâ.
Status: in_force

“Payment card” includes any instrument or device, whether known as a credit card, credit plate, bank service card, banking card, check guarantee card, electronic benefits transfer (“EBT”) card, or debit card or by any other name, issued with or without fee by an issuer for the use of the cardholder in obtaining money, goods, services, or anything else of value on credit, by the withdrawing of funds from a deposit account, or through the use of value stored on the card. “Payment card” also includes the number that is assigned to the card even if the physical card, instrument or device is not used or presented.
11 Del. C. § 1304 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1304
§ Â
        1304. Hate crimes; class A misdemeanor, class G felony, class F felony, class E felony, class D felony, class C felony, class B felony, class A felony.
Status: in_force

(a) Any person who commits, or attempts to commit, any crime as defined by the laws of this State, and who intentionally does any of the following is guilty of a hate crime:

(1) Commits the crime for the purpose of interfering with the victim’s free exercise or enjoyment of any right, privilege, or immunity protected by the First Amendment to the United States Constitution, or commits the crime because the victim has exercised or enjoyed a First Amendment right, privilege, or immunity.

(2) Commits the crime and is motivated in whole or in part by a belief or perception regarding the race, religion, color, disability, sexual orientation, sex, age, gender identity, national origin, or ancestry of a person or group, regardless of whether the belief or perception is accurate.

(b) For purposes of this section:

(1) “Group” includes an organization or association of persons, whether formal or informal.

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

(3) “Race” includes traits historically associated with race, including hair texture and protective hairstyle.

(c) A hate crime is punished as follows:

(1) If the underlying offense is a violation or unclassified misdemeanor, the hate crime is a class A misdemeanor;

(2) If the underlying offense is a class A, B, or C misdemeanor, the hate crime is a class G felony;

(3) If the underlying offense is a class C, D, E, F, or G felony, the hate crime is 1 grade higher than the underlying offense;

(4) If the underlying offense is a class A or B felony, the hate crime is the same grade as the underlying offense, and the minimum sentence of imprisonment required for the underlying offense must be doubled.

(d) The Superior Court has exclusive jurisdiction over a violation of this section.
11 Del. C. § 5912 — Delaware Code / Title 11 / Chapter 59 / Section 5912
§ Â
        5912. Subpoenas and warrants in criminal cases; enforcement.
Status: in_force

Any justice of the peace, in the exercise of that justice’s 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 the justice 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. § 6556 — Delaware Code / Title 11 / Chapter 65 / Subchapter VIII / Section 6556
§ Â
        6556. Facilities, equipment and supplies.
Status: in_force

The Department shall acquire, by lease, purchase or otherwise, all necessary facilities, equipment, supplies or articles for the carrying out of its duties in the safekeeping, maintenance, improvement and rehabilitation of those in its care.
11 Del. C. § 1306 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1306
§ Â
        1306. Cross or religious symbol burning; class A misdemeanor.
Status: in_force

(a) A person is guilty of cross or religious symbol burning when the person attempts or does burn, or causes to be burned, any cross or other religious symbol, on any private or public property with the intent to intimidate an individual or a group of individuals.

(b) A person is guilty of cross or religious symbol burning when the person burns, or causes to be burned, any cross or other religious symbol, on any private or public property without all of the following:

(1) The express written consent of the owner of the property.

(2) A minimum of 48 hours advanced notification of the proposed burning to the fire board or call board of the county in which the burning is to take place.

(c) A violation of this section is a class A misdemeanor.

(d) The Superior Court has exclusive jurisdiction over a violation of this section.
11 Del. C. § 2731 — Delaware Code / Title 11 / Chapter 27 / Subchapter II / Section 2731
§ Â
        2731. Bigamy.
Status: in_force

In any case of bigamy, prosecution may be had in the county where the bigamous marriage was contracted, where the offender resides or where the offender is apprehended.
11 Del. C. § 8301 — Delaware Code / Title 11 / Chapter 83 / Subchapter I / Section 8301
§ Â
        8301. Appointment and classification; primary duty.
Status: in_force

The Department of Safety and Homeland Security, hereinafter in this chapter referred to as “Department,” may appoint police officers whose primary duty shall be to compel the enforcement of all laws relating to the weight, speed and operation of vehicles on the public highways of the State. They shall be officially known and referred to as “State Police.” The Department may classify such State Police according to such rank as the Department determines, and according to the duties assigned to them from time to time by the Department. The Superintendent of the State Police shall hold the rank of Colonel and shall be so classified by the Department. There may not be less than 660 authorized police officers. Calculations for determining the number of such positions shall include any appropriated (ASF) and nonappropriated (NSF) special funded positions.
11 Del. C. § 9504 — Delaware Code / Title 11 / Chapter 95 / Section 9504
§ Â
        9504. Eligibility.
Status: in_force

(a) An offender may not be admitted to the program unless the Attorney General certifies that the offender is appropriate for the program, regardless of any criteria established under any program or this chapter.

(b) A person who voluntarily enters an alternative case resolution process at a victim-offender alternative case resolution program established under this chapter may revoke that person’s consent, withdraw from the alternative case resolution process, and seek judicial or administrative redress before reaching a written agreement. A legal penalty, sanction, or restraint may not be imposed on the person for such withdrawal.
11 Del. C. § 932 — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 932
§ Â
        932. Unauthorized access.
Status: in_force

A person is guilty of the computer crime of unauthorized access to a computer system when, knowing that the person is not authorized to do so, the person accesses or causes to be accessed any computer system without authorization.
11 Del. C. § 409 — Delaware Code / Title 11 / Chapter 4 / Section 409
§ Â
        409. Verdict of âguilty, but mentally illâ â Parole; probation.
Status: in_force

(a) A person who has been adjudged “guilty, but mentally ill” and who during incarceration is discharged from treatment may be placed on prerelease or parole status under the same terms and laws applicable to any other offender. Psychological or psychiatric counseling and treatment may be required as a condition for such status. Failure to continue treatment, except by agreement of the Department of Correction, shall be a basis for terminating prerelease status or instituting parole violation hearings.

(b) If the report of the Delaware Psychiatric Center or other facility recommends parole, the paroling authority shall within 45 days or at the expiration of the offender’s minimum sentence, whichever is later, meet to consider the offender’s request for parole. If the report does not recommend parole, but other laws or administrative rules of the Department permit parole, the paroling authority may meet to consider a parole request. When the paroling authority considers the offender for parole, it shall consult with the State Hospital or other facility at which the offender had been treated, or from which the offender has been discharged.

(c) If an offender who has been found “guilty, but mentally ill” is placed on probation, the court, upon recommendation by the Attorney General, shall make treatment a condition of probation. Reports as specified by the trial judge shall be filed with the probation officer, and the sentencing court. Treatment shall be provided by an agency of the State or, with the approval of the sentencing court and at individual expense, private agencies, private physicians or other mental health personnel.
11 Del. C. § 8843 — Delaware Code / Title 11 / Chapter 88 / Section 8843
§ Â
        8843. Fund established.
Status: in_force

There shall be established a County and Municipal Police/Firefighter Retirement Fund, hereinafter referred to as the “Fund,” separate and distinct from the fund established under subchapters II and III of Chapter 83 of this title, to which county or municipal appropriations and other employer contributions shall be deposited monthly, and to which member contributions shall be deposited upon deduction from the member’s paycheck, and to which earnings on investments, refunds and reimbursements shall be deposited upon receipt, and from which benefits shall be paid and fees and expenses authorized by the Board shall be paid. Subject to Internal Revenue Code § 401(a)(24) [26 U.S.C. § 401(a)(24)], the assets of the Fund will be commingled in the Delaware Public Employees’ Retirement System as provided for by § 8308 of this title. The assets of the Fund are held in trust and may not be used for or diverted to any purpose other than for the exclusive benefit of the employees and their beneficiaries.
11 Del. C. § 1262 — Delaware Code / Title 11 / Chapter 5 / Subchapter VI / Section 1262
§ Â
        1262. Bribe receiving by a witness; class E felony.
Status: in_force

A witness or a person about to be called as a witness in any official proceeding is guilty of bribe receiving by a witness when the witness solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that:

(1) The witness’s testimony will thereby be influenced; or

(2) The witness will be absent from, or otherwise avoid or seek to avoid appearing or testifying at, the official proceeding.

Bribe receiving by a witness is a class E felony.
11 Del. C. § 2735 — Delaware Code / Title 11 / Chapter 27 / Subchapter II / Section 2735
§ Â
        2735. Transportation of stolen property by thief.
Status: in_force

If property is stolen in 1 county of this State and carried into another by the thief, the thief may be prosecuted in either county.
11 Del. C. § 2546 — Delaware Code / Title 11 / Chapter 25 / Subchapter II / Section 2546
§ Â
        2546. Commissioner of Correction designated enforcing officer.
Status: in_force

Each state party to this agreement shall designate an officer who, acting jointly with like officers of other party states, shall promulgate rules and regulations to carry out more effectively the terms and provisions of this agreement, and who shall provide, within and without the state, information necessary to the effective operation of this agreement; for purposes of this section in this State the Commissioner of the Department of Correction of this State is so designated.
11 Del. C. § 1122 — Delaware Code / Title 11 / Chapter 5 / Subchapter V / Section 1122
§ Â
        1122. Affirmative defense.
Status: in_force

In any prosecution for an offense under this subpart, it shall be an affirmative defense that the purchaser or recipient of tobacco products or tobacco substitutes who had not reached the age of 21 years presented to the accused proof of age which set forth information that would lead a reasonable person to believe that such individual was 21 years of age or older.
11 Del. C. § 5906 — Delaware Code / Title 11 / Chapter 59 / Section 5906
§ Â
        5906. Examination of law-enforcement officerâs warrant of arrest; form.
Status: in_force

(a) When complaint is made in due form to a justice of the peace by a law-enforcement officer, alleging that an offense has been committed, the justice shall carefully examine the law-enforcement officer on oath or affirmation and if the justice considers there is probable ground for the accusation, the justice shall issue the law-enforcement officer a warrant.

(b) A warrant of arrest may be in the form prescribed by the Justice of the Peace Court Criminal Rules.

(c) The warrant shall ordinarily be directed to any law-enforcement officer in the county in which the alleged offense was committed, but in case of an emergency the warrant may be directed to any law-enforcement officer in the State.

(d) A copy of the complaint shall be attached to the warrant.
11 Del. C. § 1324 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1324
§ Â
        1324. Obstructing ingress to or egress from public buildings; unclassified misdemeanor.
Status: in_force

A person is guilty of obstructing ingress to or egress from public buildings when the person knowingly prevents any person from passing through any entrance or exit to a public building, except that this section shall not apply to lawful picketing or to picketing for any lawful union objective.

Obstructing ingress to or egress from public buildings is an unclassified misdemeanor.
11 Del. C. § 1103A — Delaware Code / Title 11 / Chapter 5 / Subchapter V / Section 1103A
§ Â
        1103A. Child abuse in the third degree; class D felony.
Status: in_force

(a) A person is guilty of child abuse in the third degree when the person intentionally or recklessly causes physical injury to a child and any 1 of the following applies:

(1) The child is less than 6 years of age.

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

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

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

(c) For an offense under this section, it is not a defense that the person did not know the child has an intellectual, developmental, or physical disability or that the person reasonably believed the child did not have an intellectual, developmental, or physical disability.

(d) Child abuse in the third degree is a class D felony.
11 Del. C. § 926 — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 926
§ Â
        926. Trademark counterfeiting.
Status: in_force

(a) Any person who knowingly manufactures, uses, displays, advertises, distributes, offers for sale, sells or possesses with intent to sell or distribute any items or services bearing or identified by a counterfeit mark shall be guilty of the crime of trademark counterfeiting.

(b) Definitions. — As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

(1) “Counterfeit mark” means:

a. Any unauthorized reproduction or copy of intellectual property.

b. Intellectual property affixed to any item knowingly sold, offered for sale, manufactured or distributed or identifying services offered or rendered, without the authority of the owner of the intellectual property.

(2) “Intellectual property” means any trademark, service mark, trade name, label, term, device, design or word adopted or used by a person to identify that person’s goods or services.

(3) “Retail value” means the counterfeiter’s regular selling price for the item or service bearing or identified by the counterfeit mark. In the case of items bearing a counterfeit mark which are components of a finished product, the retail value shall be the counterfeiter’s regular selling price of the finished product on or in which the component would be utilized.

(c) Presumption. — A person having possession, custody or control of more than 25 items bearing a counterfeit mark shall be presumed to possess said items with intent to sell or distribute.

(d) Penalties. — (1) Except as provided in paragraphs (d)(2) and (3) of this section, a violation of this section constitutes a class A misdemeanor.

(2) A violation of this section constitutes a class G felony if:

a. The defendant has previously been convicted under this section; or

b. The violation involved more than 100 but less than 1,000 items bearing a counterfeit mark or the total retail value of all items or services bearing or identified by a counterfeit mark is more than $2,000, but less than $10,000.

(3) A violation of this section constitutes a class E felony if:

a. The defendant has been previously convicted of 2 or more offenses under this section;

b. The violation involved the manufacture or production of items bearing counterfeit marks; or

c. The violation involved 1,000 or more items bearing a counterfeit mark or the total retail value of all items or services bearing or identified by a counterfeit mark is $10,000 or more.

(e) Quantity or retail value. — The quantity or retail value of items or services shall include the aggregate quantity or retail value of all items or services bearing or identified by every counterfeit mark the defendant manufactures, uses, displays, advertises, distributes, offers for sale, sells or possesses.

(f) Fine. — Any person convicted under this section shall be fined not less than $5,000 or an amount up to 3 times the retail value of the items or services bearing or identified by a counterfeit mark, whichever is greater, unless extenuating circumstances are shown by the defendant.

(g) Seizure, forfeiture and disposition. — (1) Any items bearing a counterfeit mark, and all personal property, including, but not limited to, any items, objects, tools, machines, equipment, instrumentalities or vehicles of any kind, knowingly employed or used in connection with a violation of this section may be seized by any law enforcement officer.

(2) All seized personal property referenced in paragraph (g)(1) of this section shall be forfeited in accordance with applicable law, unless the prosecuting attorney responsible for the charges and the intellectual property owner consent in writing to another disposition.

(h) Evidence. — Any federal or state certificate of registration of any intellectual property shall be prima facie evidence of the facts stated therein.
11 Del. C. § 780B — Delaware Code / Title 11 / Chapter 5 / Subchapter II / Section 780B
§ Â
        780B. Unlawful sexual contact with a person in custody; class G felony.
Status: in_force

(a) It is unlawful for a law-enforcement officer, an employee working at a detention facility, a contractor or employee of a contractor working at a detention facility, or a volunteer working at a detention facility to intentionally have sexual contact with a person in custody, as defined in § 1258 of this title.

(b) Subsection (a) of this section does not apply to a licensed medical doctor or nurse when the contact occurs for the purpose of diagnosis or treatment or to a law-enforcement officer who is lawfully performing job duties.

(c) Consent of the person in custody is not a defense to an act in violation of subsection (a) of this section.

(d) A violation of subsection (a) of this section is a class G felony.
11 Del. C. § 3535 — Delaware Code / Title 11 / Chapter 35 / Subchapter III / Section 3535
§ Â
        3535. Protective orders â Issuance.
Status: in_force

Any court with jurisdiction over any criminal matter may in its discretion and upon good cause (which may include, but is not limited to, such matters as credible hearsay, the declaration of the prosecutor or the declaration of the defense attorney) find that intimidation or dissuasion of a victim or witness has occurred (or is reasonably likely to occur) and may issue orders including, but not limited to, the following:

(1) An order that a defendant not violate any provision of this subchapter;

(2) An order that a person before the court other than a defendant (including, but not limited to, a subpoenaed witness) not violate any provision of this subchapter;

(3) An order that a designated person maintain a prescribed geographic distance from any other person specified by the court;

(4) An order that any designated person have no communication whatsoever with any person specified by the court, except through an attorney, and under such reasonable restrictions as the court may impose;

(5) An order for a hearing to determine if any order under this section should be issued;

(6) An order that a particular law-enforcement agency within the jurisdiction of the court provide protection for a person specified by the court.
11 Del. C. § 4503 — Delaware Code / Title 11 / Chapter 45 / Section 4503
§ Â
        4503. Convictions before alderman or mayor; advising accused of right to trial by Court of Common Pleas.
Status: in_force

(a) Excepting those cases in which the sentence for the conviction of a crime was imprisonment not exceeding 1 month, or a fine not exceeding $100, any person convicted before any alderman or mayor of any incorporated city or town in this State for the violation of any city or town ordinance may appeal from such conviction to the Court of Common Pleas of the county in which the person has been so convicted, upon giving bond to the State with surety satisfactory to the alderman or mayor before whom such person was convicted, binding the person taking the appeal to appear before the Court. Notice of such an appeal shall be given to such alderman or mayor within 15 days from the time of conviction, counting the date of conviction as 1, and the bond with surety shall be filed within 15 days. Such appeal shall be prosecuted and the proceedings therein shall be had as in an appeal from a conviction before a justice of the peace in the case of a violation of the laws relating to the operation of motor vehicles.

(b) In all criminal cases in all incorporated cities or towns where a mayor or alderman has jurisdiction to hear and determine the matter and the accused has the right to elect to have the case tried by the Court of Common Pleas, every mayor or alderman shall advise such accused of the right to so elect, before the mayor or alderman shall have jurisdiction to try the case.
11 Del. C. § 463 — Delaware Code / Title 11 / Chapter 4 / Section 463
§ Â
        463. Justification â Choice of evils.
Status: in_force

Unless inconsistent with the ensuing sections of this Criminal Code defining justifiable use of physical force, or with some other provisions of law, conduct which would otherwise constitute an offense is justifiable when it is necessary as an emergency measure to avoid an imminent public or private injury which is about to occur by reason of a situation occasioned or developed through no fault of the defendant, and which is of such gravity that, according to ordinary standards of intelligence and morality, the desirability and urgency of avoiding such injury clearly outweigh the desirability of avoiding the injury sought to be prevented by the statute defining the offense in issue. The necessity and justifiability of such conduct may not rest upon considerations pertaining only to the morality and advisability of the statute, either in its general application or with respect to its application to a particular class of cases arising thereunder.
11 Del. C. § 211 — Delaware Code / Title 11 / Chapter 2 / Section 211
§ Â
        211. Repeal of statutes as affecting existing liabilities.
Status: in_force

(a) The repeal of any statute creating, defining or relating to any criminal offense set forth under the laws of this State, shall not have the effect of releasing or extinguishing any penalty, forfeiture or liability incurred under such statute, unless the repealing act shall so expressly provide, and such statute shall be treated as remaining in full force and effect for the purpose of sustaining any proper action or prosecution for the enforcement of such penalty, forfeiture or liability.

(b) Any action, case, prosecution, trial or other legal proceeding in progress under or pursuant to any statute relating to any criminal offense set forth under the laws of this State shall be preserved and shall not become illegal or terminated in the event that such statute is later amended by the General Assembly, irrespective of the stage of such proceeding, unless the amending act expressly provides to the contrary. For the purposes of such proceedings, the prior law shall remain in full force and effect.
11 Del. C. § 2017 — Delaware Code / Title 11 / Chapter 20 / Subchapter I / Section 2017
§ Â
        2017. Uniformity of application and construction.
Status: in_force

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
11 Del. C. § 2521 — Delaware Code / Title 11 / Chapter 25 / Subchapter I / Section 2521
§ Â
        2521. Recall of warrant; issuance of alias.
Status: in_force

The Governor may recall the Governor’s own warrant of arrest or may issue another warrant whenever the Governor deems proper.
11 Del. C. § 307 — Delaware Code / Title 11 / Chapter 3 / Section 307
§ Â
        307. Jury inference of defendantâs intention, recklessness, knowledge or belief.
Status: in_force

(a) The defendant’s intention, recklessness, knowledge or belief at the time of the offense for which the defendant is charged may be inferred by the jury from the circumstances surrounding the act the defendant is alleged to have done. In making the inference permitted by this section, the jury may consider whether a reasonable person in the defendant’s circumstances at the time of the offense would have had or lacked the requisite intention, recklessness, knowledge or belief.

(b) When the defendant’s intention, recklessness, knowledge or belief is an element of an offense, it is sufficient to establish a prima facie case for the State to prove circumstances surrounding the act which the defendant is alleged to have done from which a reasonable juror might infer that the defendant’s intention, recklessness, knowledge or belief was of the sort required for commission of the offense.
11 Del. C. § 8305 — Delaware Code / Title 11 / Chapter 83 / Subchapter I / Section 8305
§ Â
        8305. State Police stations; location, staff and equipment.
Status: in_force

The Department shall establish and maintain at least 5 State Police stations in the State, 1 of which shall be located at Penny Hill, New Castle County, 1 of which shall be located at or near the intersection of Routes 40 and 896, New Castle County, 1 of which shall be located at or near the City of Dover, Kent County, 1 of which shall be located at or near Bridgeville, Sussex County and 1 of which shall be located at or near Georgetown, Sussex County, and such other stations as the Department deems necessary for the proper policing of the highways of the State and for the enforcement of the laws of the State. Such State Police stations as are herein directed to be established and maintained shall each be staffed with members of the State Police, and shall each be equipped with radio equipment to aid in the police work of the Department.
11 Del. C. § 1221 — Delaware Code / Title 11 / Chapter 5 / Subchapter VI / Section 1221
§ Â
        1221. Perjury in the third degree; class A misdemeanor.
Status: in_force

A person is guilty of perjury in the third degree when the person swears falsely.

Perjury in the third degree is a class A misdemeanor.
11 Del. C. § 2518 — Delaware Code / Title 11 / Chapter 25 / Subchapter I / Section 2518
§ Â
        2518. Forfeiture of bail.
Status: in_force

If the prisoner is admitted to bail, and fails to appear and surrender according to the conditions of the bond, the judge or justice of the peace by proper order shall declare the bond forfeited and order the accused’s immediate arrest, without warrant if the accused is within this State. Recovery may be had on such bond in the name of the State as in the case of other bonds given by the accused in criminal proceedings within this State.
11 Del. C. § 3906 — Delaware Code / Title 11 / Chapter 39 / Subchapter I / Section 3906
§ Â
        3906. Domestic violence offenses.
Status: in_force

The sentence for a second conviction for any crime or attempt to commit any crime hereinafter specifically named when such crime is committed by a member of the victim’s family as defined by § 901(12) of Title 10, regardless of the state of residence of the parties; by a former spouse of the victim; by a person who cohabited with the victim at the time of the offense; or by a person with a child in common with the victim shall include completion of a psychocial assessment. Such crimes shall be:

(1) Any offense set forth in subchapter II of Chapter 5 of this title;

(2) Any offense set forth in subparts A and B of subchapter III of Chapter 5 of this title;

(3) Any offense set forth in subpart A of subchapter V of Chapter 5 of this title;

(4) Any offense set forth in § 1301, § 1311, § 1312 or § 1312A [transferred to § 1312] of this title, administered by any agency or batterer’s intervention treatment provider certified by the Domestic Violence Coordinating Council, and adherence to all recommendations made in the completed assessment. The court shall impose any other appropriate legal sanction, including fines or incarceration, along with the required completion of the assessment.

Nothing in this section shall be construed to preclude a court from mandating this treatment in any first offense situation.
11 Del. C. § 1351 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1351
§ Â
        1351. Promoting prostitution in the third degree; class F felony.
Status: in_force

A person is guilty of promoting prostitution in the third degree when the person knowingly advances or profits from prostitution.

Promoting prostitution in the third degree is a class F felony.
11 Del. C. § 6534A — Delaware Code / Title 11 / Chapter 65 / Subchapter VI / Section 6534A
§ Â
        6534A. Claims for costs of support; lien.
Status: in_force

Upon the sentencing of any convicted criminal to incarceration in any state correctional facility, the Attorney General may file a claim for future maintenance and support of such inmate with the court from which said inmate was sentenced, and thereupon the court may make an order making such inmate’s estate or property liable for the expenses of such future care and support by the Department as is more fully provided in § 6532(f) of this title, and such claim, upon approval by the court, shall constitute a lien upon all property, real and personal, of said prisoner.
11 Del. C. § 601 — Delaware Code / Title 11 / Chapter 5 / Subchapter II / Section 601
§ Â
        601. Offensive touching; unclassified misdemeanor; class A misdemeanor.
Status: in_force

(a) A person is guilty of offensive touching when the person:

(1) Intentionally touches another person either with a member of his or her body or with any instrument, knowing that the person is thereby likely to cause offense or alarm to such other person; or

(2) Intentionally strikes another person with saliva, urine, feces or any other bodily fluid, knowing that the person is thereby likely to cause offense or alarm to such other person.

(b) When charged with a violation of paragraph (a)(2) of this section, the defendant shall be tested for diseases transmittable through bodily fluids, the cost of such tests to be assessed as costs upon conviction. The results of such tests shall be provided only to the Attorney General, the victim of the offense, the defendant and the Department of Correction’s medical care provider.

(c) Any violation of paragraph (a)(1) of this section shall be an unclassified misdemeanor. Notwithstanding the above, any violation of paragraph (a)(1) of this section shall be a class A misdemeanor when the victim is acting in the lawful performance of the victim’s duty as 1 of the following: law-enforcement officer, hospital or nursing home employee, physician, medical professional, ambulance attendant, emergency medical technician, advanced emergency medical technician, paramedic, Delaware State Fire Police Officer, correctional officer, volunteer firefighter or full-time firefighter. Any violation of paragraph (a)(2) of this section shall be a class A misdemeanor.
11 Del. C. § 8599C — Delaware Code / Title 11 / Chapter 85 / Subchapter XI / Section 8599C
§ Â
        8599C. Establishment of Compact Council
Status: in_force

(a) Establishment. —

(1) In general. —

There is established a council to be known as the “Compact Council,” which shall have the authority to promulgate rules and procedures governing the use of the III System for noncriminal justice purposes not to conflict with FBI administration of the III System for criminal justice purposes.

(2) Organization. —

The Council shall:

a. Continue in existence as long as this Compact remains in effect;

b. Be located, for administrative purposes, within the FBI; and

c. Be organized and hold its first meeting as soon as practicable after the effective date of this Compact.

(b) Membership. —

The Council shall be composed of 15 members, each of whom shall be appointed by the Attorney General, as follows:

(1) Nine members, each of whom shall serve a 2-year term, who shall be selected from among the compact officers of party states based on the recommendation of the compact officers of all party states, except that, in the absence of the requisite number of compact officers available to serve, the chief administrators of the criminal history record repositories of nonparty states shall be eligible to serve on an interim basis.

(2) Two at-large members, nominated by the Director of the FBI, each of whom shall serve a 3-year term, of whom:

a. One shall be a representative of the criminal justice agencies of the federal government and may not be an employee of the FBI; and

b. One shall be a representative of the noncriminal justice agencies of the federal government.

(3) Two at-large members, nominated by the Chairman of the Council, once the Chairman is elected pursuant to subsection (c) of this section, each of whom shall serve a 3-year term, of whom:

a. One shall be a representative of state or local criminal justice agencies; and

b. One shall be a representative of state or local noncriminal justice agencies.

(4) One member, who shall serve a 3-year term and who shall simultaneously be a member of the FBI’s advisory policy board on criminal justice information services, nominated by the membership of that policy board.

(5) One member, nominated by the Director of the FBI, who shall serve a 3-year term and who shall be an employee of the FBI.

(c) Chairman and Vice Chairman. —

(1) In general. —

From its membership, the Council shall elect a Chairman and a Vice Chairman of the Council, respectively. Both the Chairman and Vice Chairman of the Council:

a. Shall be a compact officer, unless there is no compact officer on the Council who is willing to serve, in which case the Chairman may be an at-large member; and

b. Shall serve a 2-year term and may be reelected to only 1 additional 2-year term.

(2) Duties of Vice Chairman. —

The Vice Chairman of the Council shall serve as the Chairman of the Council in the absence of the Chairman.

(d) Meetings. —

(1) In general. —

The Council shall meet at least once each year at the call of the Chairman. Each meeting of the Council shall be open to the public. The Council shall provide prior public notice in the Federal Register of each meeting of the Council, including the matters to be addressed at such meeting.

(2) Quorum. —

A majority of the Council or any committee of the Council shall constitute a quorum of the Council or of such committee, respectively, for the conduct of business. A lesser number may meet to hold hearings, take testimony, or conduct any business not requiring a vote.

(e) Rules, procedures and standards. —

The Council shall make available for public inspection and copying at the Council office within the FBI, and shall publish in the Federal Register, any rules, procedures, or standards established by the Council.

(f) Assistance from FBI. —

The Council may request from the FBI such reports, studies, statistics, or other information or materials as the Council determines to be necessary to enable the Council to perform its duties under this Compact. The FBI, to the extent authorized by law, may provide such assistance or information upon such a request.

(g) Committees. —

The Chairman may establish committees as necessary to carry out this Compact and may prescribe their membership, responsibilities, and duration.
11 Del. C. § 273 — Delaware Code / Title 11 / Chapter 2 / Section 273
§ Â
        273. Liability for the conduct of another â Exemption.
Status: in_force

Unless otherwise provided by this Criminal Code or by the statute defining the offense, a person is not liable for an offense committed by another person if:

(1) The person is a victim of that offense; or

(2) The offense is so defined that the person’s conduct is inevitably incident to its commission; or

(3) The person terminates complicity prior to commission of the offense and:

a. Wholly deprives it of effectiveness in the commission of the offense; or

b. Gives timely warning to the Attorney General or the police or otherwise makes a proper effort to prevent the commission of the offense.

If the actor’s conduct constitutes a separate offense, the actor is liable for that offense only and not for the conduct or offense committed by the other person.
11 Del. C. § 8333 — Delaware Code / Title 11 / Chapter 83 / Subchapter II / Section 8333
§ Â
        8333. Attachment and assignment of benefits.
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. § 805 — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 805
§ Â
        805. Cross or religious symbol burning; class A misdemeanor [Transferred].
Status: in_force

Transferred to § 1306 of this title by 83 Del. Laws, c. 477, § 3, effective Oct. 21, 2022.
11 Del. C. § 1354 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1354
§ Â
        1354. Promoting prostitution; attempt to promote prostitution; corroboration.
Status: in_force

A person shall not be convicted of promoting prostitution or of an attempt to promote prostitution solely on the uncorroborated testimony of a person whose prostitution activity the person is alleged to have advanced or attempted to advance or from whose prostitution activity the person is alleged to have profited or attempted to profit.
11 Del. C. § 907B — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 907B
§ Â
        907B. Criminal impersonation of a law-enforcement official; class D felony, class C felony.
Status: in_force

(a) A person is guilty of criminal impersonation of a law-enforcement official when the person, intending to facilitate the commission of a crime or while in immediate flight therefrom does either of the following:

(1) Intentionally and without lawful authority impersonates or otherwise pretends to be a law-enforcement official.

(2) Without lawful authority does any act intended to create or reinforce a false impression that the person is a law-enforcement official.

(b) Criminal impersonation of a law-enforcement official is a class D felony, unless during the course of the commission of the crime, or while in immediate flight therefrom, the person or another participant in the crime does either of the following, in which case it is a class C felony:

(1) Causes physical injury to any person who is not a participant in the crime.

(2) Commits a class A felony or class B felony as defined by this title or any sexual offense as defined by § 761(i) of this title.

(c) Nothing in this section precludes a separate charge, conviction, or sentence for any other crime.

(d) For purposes of this section:

(1) “Federal officer” means an officer or agent of the federal government who has the power to make arrests under federal law.

(2) “Law-enforcement official” means a police officer, firefighter, emergency medical technician (EMT), paramedic, fire police, or federal officer.
11 Del. C. § 5914 — Delaware Code / Title 11 / Chapter 59 / Section 5914
§ Â
        5914. Transcripts of docket entries.
Status: in_force

(a) The Justice of the Peace Court, upon request and payment or tender of the legal fee, shall make and certify under seal a true transcript of all the docket entries in any cause before the court, or upon any record in the Court’s possession, or if specially required, a full and true copy of all the records, entries, process and papers in or touching in such cause. Such transcript or copy shall be received in evidence in any court.

(b) Upon an appeal, a transcript shall be sufficient, unless a full copy be specially requested. Upon a certiorari, the Justice of the Peace Court shall make a full copy of the entire record and proceedings.

(c) Whoever, being authorized to prepare or issue a transcript or record of the proceedings, upon such request and payment or tender of the lawful fees:

(1) Refuses or neglects to perform the duty required by this section; or

(2) Falsely certifies any such transcript or full copy; or

(3) Uses any fraud, falsehood or deceit in making the same,

shall be fined not more than $100, and shall be liable to the party aggrieved in double damages.

(d) Any court reviewing the record on appeal or on application for a writ may, in a proper case, supported by affidavit, require the production of the original record.
11 Del. C. § 1407 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1407
§ Â
        1407. Engaging in a crap game; violation.
Status: in_force

A person is guilty of engaging in a crap game when the person takes part in or is knowingly present at the form of gambling commonly known as crap, in which money or other valuable things are played for by means of dice.

Engaging in a crap game is a violation.
11 Del. C. § 6526 — Delaware Code / Title 11 / Chapter 65 / Subchapter V / Section 6526
§ Â
        6526. Special facilities for witnesses and those awaiting trial.
Status: in_force

Special facilities shall be provided for witnesses detained for inability to give bail and those awaiting trial, as the Department deems fit and necessary.
11 Del. C. § 6590 — Delaware Code / Title 11 / Chapter 65 / Subchapter XI / Section 6590
§ Â
        6590. Comprehensive plan.
Status: in_force

The Department shall develop a comprehensive plan for determining the need for establishing various types of correctional facilities, for selecting the location of a correctional facility, and for determining the size of the correctional facility. The comprehensive plan shall include procedures for evaluation of environmental, social, economic, transportation, land use, property value, public and social services impacts generated by the construction of a particular facility in any proposed location within the State. The comprehensive plan shall not be implemented until the General Assembly, by concurrent resolution adopted by a majority of those elected and serving in each house thereof by a roll call vote, approves the comprehensive plan.
11 Del. C. § 8700 — Delaware Code / Title 11 / Chapter 87 / Section 8700
§ Â
        8700. Mission statement.
Status: in_force

The Delaware Criminal Justice Council is an independent body committed to leading the criminal justice system through a collaborative approach that calls upon the experience and creativity of the Council, all components of the system, and the community. The Council shall continually strive for an effective system that is fair, efficient, and accountable.
11 Del. C. § 1903 — Delaware Code / Title 11 / Chapter 19 / Subchapter I / Section 1903
§ Â
        1903. Searching questioned person for weapon.
Status: in_force

A peace officer may search for a dangerous weapon any person whom the officer has stopped or detained to question as provided in § 1902 of this title, whenever the officer has reasonable ground to believe that the officer is in danger if the person possesses a dangerous weapon. If the officer finds a weapon, the officer may take and keep it until the completion of the questioning, when the officer shall either return it or arrest the person. The arrest may be for the illegal possession of the weapon.
11 Del. C. § 9205 — Delaware Code / Title 11 / Chapter 92 / Section 9205
§ Â
        9205. Hearing â Procedure.
Status: in_force

(a) An official record including testimony and exhibits shall be kept of the hearing.

(b) The hearing shall be conducted within the department by an impartial board of officers. The prosecuting party and the officer and/or the officer’s representative shall be given an opportunity to present evidence and argument with respect to the issues involved. Both the department and the officer may be represented by legal counsel. In the event an impartial board cannot be convened, then a board of 3 officers or more shall be convened under the auspices of the Delaware Criminal Justice Council. Any officer appointed under this subsection, either within the department or under the auspices of the Criminal Justice Council, shall not be liable for civil damages from any acts or omissions arising out of such officer’s service on the board as long as the member of the board of officers acted in good faith and without malice in carrying out that member’s responsibilities or duties. A member of the board of officers is presumed to have acted in good faith and without malice unless proven otherwise.

(c) Evidence which possesses probative value commonly accepted by reasonable and prudent persons in the conduct of their affairs shall be admissible in evidence and given probative effect. The tribunal conducting the hearing shall give effect to the rules of privilege recognized by law and may exclude incompetent, irrelevant, immaterial and unduly repetitious evidence. All records and documents which any party desires to use shall be offered and made a part of the record. Documentary evidence may be received in the form of copies of excerpts or by incorporation by reference.

(d) Every party shall have the right of cross-examination of witnesses who testify and may submit rebuttal evidence.

(e) The tribunal may take notice of judicially cognizable facts and in addition may take notice of general, technical or scientific facts within its specialized knowledge. Parties shall be notified beforehand of the materials so noticed by the trial board. No law-enforcement officer may be adjudged guilty of any offense unless the hearing tribunal is satisfied that guilt has been established by substantial evidence.
11 Del. C. § 4205 — Delaware Code / Title 11 / Chapter 42 / Section 4205
§ Â
        4205. Sentence for felonies.
Status: in_force

(a) A sentence of incarceration for a felony shall be a definite sentence.

(b) The term of incarceration which the court may impose for a felony is fixed as follows:

(1) For a class A felony not less than 15 years up to life imprisonment to be served at Level V except for conviction of first degree murder in which event § 4209 of this title shall apply.

(2) For a class B felony not less than 2 years up to 25 years to be served at Level V.

(3) For a class C felony up to 15 years to be served at Level V.

(4) For a class D felony up to 8 years to be served at Level V.

(5) For a class E felony up to 5 years to be served at Level V.

(6) For a class F felony up to 3 years to be served at Level V.

(7) For a class G felony up to 2 years to be served at Level V.

(c) In the case of the conviction of any felony, the court shall impose a sentence of Level V incarceration where a minimum sentence is required by subsection (b) of this section and may impose a sentence of Level V incarceration up to the maximum stated in subsection (b) of this section for each class of felony.

(d) Where a minimum, mandatory, mandatory minimum or minimum mandatory sentence is required by subsection (b) of this section, such sentence shall not be subject to suspension by the court.

(e) Where no minimum sentence is required by subsection (b) of this section, or with regard to any sentence in excess of the minimum required sentence, the court may suspend that part of the sentence for probation or any other punishment set forth in § 4204 of this title.

(f) 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.

(g) 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.

(h) 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.

(i) 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.

(j) No sentence to Level V incarceration imposed pursuant to this section is subject to parole.

(k) In addition to the penalties set forth above, the court may impose such fines and penalties as it deems appropriate.

(l) 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. § 1702 — Delaware Code / Title 11 / Chapter 17 / Section 1702
§ Â
        1702. Information against organization; process.
Status: in_force

Whenever an organization is informed against in a criminal proceeding, process shall be issued against such organization in the usual form and shall be served upon such organization in the same manner as process is served upon organizations in civil cases. An organization so served with process shall appear by an attorney in the court out of which such process has been issued by the time of the return of such writ, or upon motion of the Attorney General, final judgment shall be given against it upon the information.
11 Del. C. § 469 — Delaware Code / Title 11 / Chapter 4 / Section 469
§ Â
        469. Justification â Person unlawfully in dwelling.
Status: in_force

In the prosecution of an occupant of a dwelling charged with killing or injuring an intruder who was unlawfully in said dwelling, it shall be a defense that the occupant was in the occupant’s own dwelling at the time of the offense, and:

(1) The encounter between the occupant and intruder was sudden and unexpected, compelling the occupant to act instantly; or

(2) The occupant reasonably believed that the intruder would inflict personal injury upon the occupant or others in the dwelling; or

(3) The occupant demanded that the intruder disarm or surrender, and the intruder refused to do so.
11 Del. C. § 908 — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 908
§ Â
        908. Unlawfully concealing a will; class G felony.
Status: in_force

A person is guilty of unlawfully concealing a will when, with intent to defraud, the person conceals, secretes, suppresses, mutilates or destroys a will, codicil or other testamentary instrument.

Unlawfully concealing a will is a class G felony.
11 Del. C. § 2522 — Delaware Code / Title 11 / Chapter 25 / Subchapter I / Section 2522
§ Â
        2522. Warrant to receive fugitive from State.
Status: in_force

Whenever the Governor of this State demands a person charged with crime or with escaping from confinement or breaking the terms of bail, probation or parole in this State, from the executive authority of any other state, or from the Chief Justice or an Associate Justice of the Supreme Court of the District of Columbia authorized to receive such demand under the laws of the United States, the Governor shall issue a warrant under the seal of this State, to some agent, commanding the agent to receive the person so charged if delivered to the agent and convey the accused to the proper officer of the county in this State in which the offense was committed.
11 Del. C. § 511 — Delaware Code / Title 11 / Chapter 5 / Subchapter I / Section 511
§ Â
        511. Conspiracy in the third degree; class A misdemeanor.
Status: in_force

A person is guilty of conspiracy in the third degree when, intending to promote or facilitate commission of a misdemeanor, the person:

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

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

Conspiracy in the third degree is a class A misdemeanor.
11 Del. C. § 4361 — Delaware Code / Title 11 / Chapter 43 / Subchapter VI / Section 4361
§ Â
        4361. Board of Pardons; attendance of victims and witnesses.
Status: in_force

(a) The Board of Pardons as constituted by article VII of the Constitution of this State shall have power to issue subpoenas requiring the attendance of such witnesses and the production of such records, books, papers and documents necessary for investigation of the case of any person before it. Subpoenas may be signed and oaths administered by any member of the Board. Subpoenas so issued may be served by Department employees or by any person authorized to serve subpoenas by the Rules of Civil Procedure of the Superior Court and shall be served and returned as provided by said Rules.

(b) The fees of witnesses shall be the same as allowed in the Superior Court and shall be paid by the State Treasurer from any moneys in the Treasury of the State not otherwise appropriated, upon a warrant signed by a member of the Board and its secretary.

(c) Any person who testifies falsely or fails to appear when subpoenaed, or refuses to produce such material pursuant to the subpoena, shall be subject to the same orders and penalties to which a person before the Superior Court is subject.

(d) (1) Upon the application for a pardon, the Board shall notify the Superior Court and the Department of Justice of the application.

(2) The Department of Justice, in cooperation with the Superior Court, shall send notice of the application for a pardon to each person who was a victim or witness of the offense that is the basis for the application for the pardon. For purposes of this section:

a. “Offense” means a “crime” as defined in § 9401 of this title.

b. “Representative of the victim” and “victim” mean as defined in § 9401 of this title.

c. “Witness” means an individual who testified for the prosecution at the trial which is the basis for the application for the pardon. “Witness” does not include a law enforcement officer, an individual who testified merely as an expert witness, or any person who was merely a custodian of the evidence, with no knowledge of the circumstances of the offense.

(3) The notice under paragraph (d)(2) of this section must contain the time, date, and place where the matter will be heard by the Board.

a. If a victim or witness is known to be deceased, a child, or an individual who is unable to meaningfully understand or participate in the proceeding because of a physical, psychological, or mental impairment, a good faith effort must be made to send the notice required under paragraph (d)(2) of this section as follows:

1. To the representative of the victim.

2. To the parent, guardian, or custodian of the witness.

b. Notice required under this section must be provided under § 9414(a) of this title.

(4) Each victim or witness under paragraph (d)(2) of this section must be permitted to testify at the pardons hearing. A victim or witness may, in lieu of appearing before the Board, submit a written statement to the Board at any time before the hearing.

(e) The Superior Court, upon application of the Board, may in its discretion compel the attendance of witnesses, the production of such material and the giving of testimony before the Board, by an attachment for contempt or otherwise in the same manner as production of evidence may be compelled before the Superior Court.

(f) Upon the request of the Board of Pardons, the Department, to the extent authorized by the Commissioner, shall make investigations and recommendations and report thereon with respect to any application before the Board of Pardons.
11 Del. C. § 8324 — Delaware Code / Title 11 / Chapter 83 / Subchapter II / Section 8324
§ Â
        8324. Eligibility of permanently injured; retirement for injury or disease.
Status: in_force

Any former, present or future member of the State Highway Police or the State Police, who has heretofore received or who may hereafter receive permanent injuries in the performance of the member’s duties, shall upon certification of a physician selected by the Board of Pension Trustees or by the injured person, be entitled to receive a pension equal to 1/2 of the member’s salary at the time the injury was received; but no such pension shall be paid as long as such person is regularly employed as a State Police Officer. When, however, a member of the State Police shall desire to retire by reason of injury or disease, the member shall make application in writing to the Board of Pension Trustees for such retirement. Whereupon, the Board of Pension Trustees shall call to its assistance the aid of a physician or surgeon representing the Board of Pension Trustees, and the member may also call to the member’s aid a physician or surgeon. Any member of the Board of Pension Trustees may administer oaths to such physician or surgeon or to any other person called as a witness with respect to the matter before the Board of Pension Trustees, and the Board of Pension Trustees shall determine by resolution passed by at least a majority of the members of the Board of Pension Trustees, whether such member is entitled to the benefits of this subchapter, and if so determined, such member shall be retired upon a pension equal to 3/4 of the member’s salary at the time of retirement, together with cost of medical attention, if such medical attention be made necessary by reason of such injury or disease; provided, however, that members of the State Police who by reason of permanent injuries received in the performance of their duties and who for that reason have retired prior to January 1, 1972, shall as of that date receive an amount equal to 3/4 of the monthly salary provided under this chapter for an active duty officer of an equivalent rank in accordance with § 8326 of this title. Thereafter, pensions of State Police retired by reason of permanent injuries received in the performance of their duties shall not be recomputed based on the salaries of active duty State Police; provided further, however, that members of the State Police retired by reason of injury not received in the performance of their duties or disease prior to January 1, 1972, shall as of that date receive an amount equal to one half of the monthly salary provided under this chapter for an active duty officer of equivalent rank in accordance with § 8326 of this title. Thereafter, pensions of State Police members retired by reason of injury or disease shall not be recomputed based on the salaries of active duty State Police; provided further, however, that as of July 1, 1974, the monthly amount payable to State Police retired by reason of permanent injuries received in the performance of their duties and by State Police retired by reason of other injury or disease shall increase on July 1 of each year by any cumulative percentage increase in the national consumer price index average of the previous calendar year, plus the aggregated cumulative percentage change in the national consumer price index average of the previous consecutive years in which an increase was not granted. A cumulative percentage decrease in any calendar year shall not result in any reduction in the pension rates.

Any member who is entitled to a pension equal to 3/4 of the member’s salary pursuant to this section shall be examined by at least 2 competent physicians employed by the Department of Health and Social Services every 6 months in order to determine the continuing eligibility of said member. Should such pensioner reside without the territorial limits of the State, the pensioner shall submit certificates of examination by 2 competent physicians approved by the Department of Health and Human Services or comparable agency of the state of residence for the foregoing purpose.
11 Del. C. § 1323 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1323
§ Â
        1323. Obstructing public passages; violation.
Status: in_force

A person is guilty of obstructing public passages when alone or with other persons and having no legal privilege to do so, the person intentionally or recklessly renders any public passage unreasonably inconvenient or hazardous to use, or the person wilfully enters upon or tampers with or obstructs any public utility right-of-way.

Obstructing a public passage is a violation.
11 Del. C. § 613 — Delaware Code / Title 11 / Chapter 5 / Subchapter II / Section 613
§ Â
        613. Assault in the first degree; class B felony.
Status: in_force

(a) A person is guilty of assault in the first degree when:

(1) The person intentionally causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument; or

(2) The person intentionally disfigures another person seriously and permanently, or intentionally destroys, amputates or disables permanently a member or organ of another person’s body; or

(3) The person recklessly engages in conduct which creates a substantial risk of death to another person, and thereby causes serious physical injury to another person; or

(4) While engaged in the commission of, or attempt to commit, or flight after committing or attempting to commit any felony, the person intentionally or recklessly causes serious physical injury to another person; or

(5) The person intentionally causes serious physical injury to a law-enforcement officer, a volunteer firefighter, a full-time firefighter, emergency medical technician, paramedic, fire police officer, fire marshal, public transit operator, a code enforcement constable or a code enforcement officer who is acting in the lawful performance of duty; or

(6) The person intentionally causes serious physical injury to the operator of an ambulance, a rescue squad member, licensed practical nurse, registered nurse, paramedic, licensed medical doctor or any other person while such person is rendering emergency care; or

(7) The person intentionally causes serious physical injury to another person who is 62 years of age or older.

(b) It is no defense, for an offense under paragraph (a)(7) of this section, that the accused did not know the person’s age or that the accused reasonably believed the person to be under the age of 62.

(c) Assault in the first degree is a class B felony.
11 Del. C. § 2549 — Delaware Code / Title 11 / Chapter 25 / Subchapter II / Section 2549
§ Â
        2549. Habitual offenders law; application.
Status: in_force

Nothing in this agreement shall be construed to require the application of the habitual offenders law to any person on account of any conviction had in a proceeding brought to final disposition by reason of the use of the agreement.
11 Del. C. § 762 — Delaware Code / Title 11 / Chapter 5 / Subchapter II / Section 762
§ Â
        762. Provisions generally applicable to sexual offenses.
Status: in_force

(a) Mistake as to age. — Whenever in the definition of a sexual offense, the criminality of conduct or the degree of the offense depends on whether the person has reached that person’s sixteenth birthday, it is no defense that the actor did not know the person’s age, or that the actor reasonably believed that the person had reached that person’s sixteenth birthday.

(b) Gender. — Unless a contrary meaning is clearly required, the male pronoun shall be deemed to refer to both male and female.

(c) Separate acts of sexual contact, penetration and sexual intercourse. — Nothing in this title precludes a defendant from being charged with separate offenses when multiple acts of sexual contact, penetration or intercourse are committed against the same victim.

(d) Teenage defendant. — As to sexual offenses in which the victim’s age is an element of the offense because the victim has not yet reached that victim’s sixteenth birthday, where the person committing the sexual act is no more than 4 years older than the victim, it is an affirmative defense that the victim consented to the act “knowingly” as defined in § 231 of this title. Sexual conduct pursuant to this section will not be a crime. This affirmative defense will not apply if the victim had not yet reached that victim’s twelfth birthday at the time of the act.
11 Del. C. § 9020 — Delaware Code / Title 11 / Chapter 90 / Section 9020
§ Â
        9020. Filing false claim.
Status: in_force

(a) Any claim under this chapter, which is false in part or in whole, constitutes a false written statement in violation of § 1233 of this title.

(b) Any person who files a false claim under this chapter shall forfeit any compensation and shall reimburse and repay the Agency for any compensation received under this chapter.
11 Del. C. § 5106 — Delaware Code / Title 11 / Chapter 51 / Subchapter I / Section 5106
§ Â
        5106. Plea negotiations by the State.
Status: in_force

(a) In every criminal case in the Superior Court involving a felony wherein the Department of Justice agrees to accept a plea of guilty to less than the original most serious charge indicted by the county grand jury or originally filed by information, the prosecuting attorney shall state on the record:

(1) That the prosecuting attorney notified and discussed the plea agreement with the victim prior to its entry; or

(2) If notification was not reasonably possible, what steps were taken to give such information to the victim.

(b) In any case where the victim is deceased, the information required by subsection (a) of this section shall be given to any known next of kin. If the victim is an organization, such information shall be given to a responsible officer. If the victim is a minor child, such information shall be given to the parent or guardian of said child.

(c) For purposes of this section, “victim” is one who was injured or killed as the result of a criminal offense or who suffered monetary loss as a result of such an offense.

(d) No violation of this section shall be considered as a basis for setting aside a guilty plea entered by a defendant or for any other relief.
11 Del. C. § 2007 — Delaware Code / Title 11 / Chapter 20 / Subchapter I / Section 2007
§ Â
        2007. Exception for interrogation conducted by other jurisdiction.
Status: in_force

If a custodial interrogation occurs in another state in compliance with that state’s law or is conducted by a federal law-enforcement agency in compliance with federal law, the interrogation need not be recorded electronically unless the interrogation is conducted with intent to avoid the requirement of electronic recording in § 2003 of this title.
11 Del. C. § 3516 — Delaware Code / Title 11 / Chapter 35 / Subchapter I / Section 3516
§ Â
        3516. Hearsay exception for an adult who is impaired or patient or resident victimâs out-of-court statement of abuse.
Status: in_force

(a) An out-of-court statement made by an adult who is impaired, as defined in § 3902 of Title 31, or by a patient or resident of a state facility, as defined in § 1131 of Title 16, at the time of the proceeding concerning an act that is a material element of any of the following offenses:

(1) Abuse, neglect, exploitation or mistreatment of an adult who is impaired or a patient/resident, as set forth in § 3913 of Title 31 and § 1136 of Title 16 respectively; or

(2) Any felony set forth in this title which is defined as a violent felony pursuant to § 4201 of this title; or

(3) Any felony set forth in subparts D, E, H or I of subchapter III of Chapter 5 of this title, that is not otherwise admissible in evidence, is admissible in any judicial proceeding if the requirements of subsections (b) through (f) of this section are met.

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

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

(2) a. The victim is found by the court to be unavailable to testify on any of these grounds and there is corroborative evidence to support the out-of-court statement:

1. The victim’s death;

2. The victim’s absence from the jurisdiction;

3. The victim’s total failure of memory due to age or other infirmity;

4. The victim’s physical or mental disability including the inability to communicate about the offense because of fear or a similar reason; or

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

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

(c) A finding of unavailability under paragraph (b)(2)a.5. of this section must be supported by expert testimony.

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

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

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

(2) The victim’s communicative and cognitive abilities at the time the statement is made;

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

(4) Any apparent motive the victim may have to falsify or distort the event, including bias, corruption, coercion or a history of false reporting;

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

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

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

(8) The nature and duration of any alleged abuse, neglect, exploitation or mistreatment;

(9) Whether the statement has a “ring of verity,” has internal consistency or coherence and uses terminology appropriate to the victim’s mental abilities;

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

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

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

(f) The court shall support with findings on the record any rulings pertaining to the victim’s unavailability and the trustworthiness of the out-of-court statement.
11 Del. C. § 305 — Delaware Code / Title 11 / Chapter 3 / Section 305
§ Â
        305. Exemption from criminal liability; affirmative defense to be proved by defendant.
Status: in_force

When this Criminal Code or another statute specifically exempts a person or activity from the scope of its application and the defendant contends that the defendant is legally entitled to be exempted thereby, the burden is on the defendant to prove, as an affirmative defense, facts necessary to bring the defendant within the exemption.
11 Del. C. § 1107 — Delaware Code / Title 11 / Chapter 5 / Subchapter V / Section 1107
§ Â
        1107. Endangering children; unclassified misdemeanor.
Status: in_force

A person is guilty of endangering children when the person negligently abandons or leaves unattended in any place accessible to children any refrigerator, icebox or similar airtight box or container which has a locking device inoperable from within, without first unhinging and removing the door or lid thereof or detaching the locking device from the door or lid. Nothing in this section prohibits the normal use of a refrigerator, icebox or freezer for the storage of food.

Endangering children is an unclassified misdemeanor.
11 Del. C. § 4504 — Delaware Code / Title 11 / Chapter 45 / Section 4504
§ Â
        4504. Postconviction remedy.
Status: in_force

(a) Except at a time when direct appellate review is available, and subject to the time limitations set forth in this subsection, a person convicted of a crime may file in the court that entered the judgment of conviction a motion requesting the performance of forensic DNA testing to demonstrate the person’s actual innocence. Any such motion may not be filed more than 3 years after the judgment of conviction is final. The motion may be granted if:

(1) The testing is to be performed on evidence secured in relation to the trial which resulted in the conviction;

(2) The evidence was not previously subject to testing because the technology for testing was not available at the time of the trial;

(3) The movant presents a prima facie case that identity was an issue in the trial;

(4) The movant presents a prima facie case that the evidence to be tested has been subject to a chain of custody sufficient to establish that the evidence has not been substituted, tampered with, degraded, contaminated, altered or replaced in any material aspect;

(5) The requested testing has the scientific potential to produce new, noncumulative evidence materially relevant to the person’s assertion of actual innocence; and

(6) The requested testing employs a scientific method which is generally accepted within the relevant scientific community, and which satisfies the pertinent Delaware Rules of Evidence concerning the admission of scientific testimony or evidence.

(b) Except at a time when direct appellate review is available, a person convicted of a crime who claims that DNA evidence not available at trial establishes the petitioner’s actual innocence may commence a proceeding to secure relief by filing a motion for a new trial in the court that entered the judgment of conviction. The court may grant a new trial if the person establishes by clear and convincing evidence that no reasonable trier of fact, considering the evidence presented at trial, evidence that was available at trial but was not presented or was excluded, and the evidence obtained pursuant to subsection (a) of this section would have convicted the person.

(c) The court shall impose reasonable conditions on the testing designed to protect the state’s interests in the integrity of the evidence and the testing process.

(d) Any motion filed pursuant to this section shall be served upon the State. The State shall have an absolute right to appeal to an appellate court any order granting a motion for a new trial pursuant to this section.

(e) The cost of DNA testing ordered under subsection (a) of this section shall be borne by the State or the applicant, as the court may order in the interests of justice, if it is shown that the applicant is not indigent and possesses the means to pay.
11 Del. C. § 9024 — Delaware Code / Title 11 / Chapter 90 / Section 9024
§ Â
        9024. Payment for child psychological assessments and short-term counseling.
Status: in_force

(a) The costs of a psychological assessment done for the purposes of evaluating the mental health needs of a child victim may be paid from the Victims’ Compensation Fund.

(b) The costs of short-term counseling, as defined by the Agency, for the purposes of meeting the mental health needs of a child victim may be paid from the Victims’ Compensation Fund.

(c) Any psychological assessment or counseling provided pursuant to this section shall be provided by a qualified mental health practitioner as determined by the Agency. The Agency shall authorize the repayment of reasonable expenses for a psychological assessment and/or short-term counseling. Such reimbursement shall not exceed a maximum amount to be determined by the Agency. Any mental health practitioner performing a psychological assessment and/or short-term counseling pursuant to this section shall seek reimbursement for such services from the patient’s insurance carrier, including Medicaid and Medicare, if available. If the mental health practitioner has recovered from insurance, the Agency shall only provide compensation sufficient to total the maximum amount provided for in the Board’s rules and regulations. Funding for psychological assessments and/or short-term counseling shall be available to the victim regardless of other health insurance resources which may exist.

(d) A parent or guardian acting on behalf of a child victim shall not pay any out-of-pocket costs associated with a psychological assessment or short-term counseling, and shall not be required to file an application with the Agency. Notwithstanding other language in this chapter, all psychological assessments and short-term counseling expenses of child victims shall be paid for through the Victims’ Compensation Fund and such payment shall be considered full compensation to the mental health practitioner providing such services.

(e) Nothing in this section shall preclude a victim from applying to the Agency for other costs incurred.

(f) For the purpose of this section, “child victim” or “child” means any victim or person who had not yet reached that victim’s or person’s eighteenth birthday on the date of the commission of the crime.
11 Del. C. § 4102 — Delaware Code / Title 11 / Chapter 41 / Subchapter I / Section 4102
§ Â
        4102. Payment of costs upon acquittal.
Status: in_force

(a) If, upon indictment or information, the defendant is acquitted, the costs shall be paid by the county.

(b) In cases of surety of the peace (which are herein deemed to be cases of a criminal nature) the court may order that the costs shall be paid by the defendant or by the prosecutor or by the county, as it deems just.
11 Del. C. § 1123 — Delaware Code / Title 11 / Chapter 5 / Subchapter V / Section 1123
§ Â
        1123. Liability of employer.
Status: in_force

(a) If a sale or distribution of any tobacco product or tobacco substitute or coupon is made in violation of § 1116, § 1118, § 1119, or § 1120 of this title, the owner, proprietor, franchisee, store manager or other person in charge of the establishment where the violation occurred shall be guilty of the violation and shall be subject to the fine only if the retail licensee has received written notice of the provisions of §§ 1116 through 1121 of this title by the Department of Safety and Homeland Security. For purposes of determining the liability of a person who owns or controls franchises or business operations in multiple locations, for a second or subsequent violation of this subpart, each individual franchise or business location shall be deemed a separate establishment.

(b) Notwithstanding any other provision of this subpart, in any prosecution for a violation of § 1116, § 1118, or § 1120 of this title, the owner, proprietor, franchisee, store manager, or other person in charge of the establishment where the alleged violation occurred has an affirmative defense if the person or entity can establish that before the date of the violation, the person or entity did all of the following:

(1) Adopted and enforced a written policy against selling tobacco products or tobacco substitutes to individuals under 21 years of age.

(2) Informed its employees of the applicable laws regarding the sale of tobacco products or tobacco substitutes to individuals under 21 years of age.

(3) Required employees to sign a form indicating that they have been informed of and understand the written policy required under this subsection.

(4) Required employees to verify the age of tobacco product or tobacco substitute customers by means of photographic identification.

(5) Established and enforced disciplinary sanctions for noncompliance.

(c) The affirmative defense established in subsection (b) of this section may be used by an owner, proprietor, franchisee, store manager, or other person in charge of the establishment no more than 1 time at each location within any 36-month period.
11 Del. C. § 6592 — Delaware Code / Title 11 / Chapter 65 / Subchapter XI / Section 6592
§ Â
        6592. Action for noncompliance with site selection process.
Status: in_force

(a) Any person who resides in the city, town or county in which the Department has determined a need for a correctional facility may bring an action in a court of proper jurisdiction if the Department has not followed the site selection process set forth in this subchapter.

(b) An action brought under this section shall not be maintained if it is filed more than 60 days after the Department formally announces its final site selection.
11 Del. C. § 9701 — Delaware Code / Title 11 / Chapter 97 / Section 9701
§ Â
        9701. Legislative intent.
Status: in_force

WHEREAS, the safety of all Delawareans is of paramount importance; and

WHEREAS, municipal, county, university, and Delaware River and Bay Authority police departments, in addition to the Delaware State Police and other State agency police departments, provide a critical role in protecting the lives and property of the citizens of Delaware; and

WHEREAS, many smaller police departments within the State do not have the resources or manpower to complete the rigorous standards issued by the Commission on Accreditation of Law Enforcement Agencies, Inc.; and

WHEREAS, the effectiveness of public safety departments would be better served by a statewide accreditation council and standards achievable by a majority of the departments; and

WHEREAS, the citizens who reside in those jurisdictions would benefit by those departments achieving State accreditation and maintaining those standards; and

WHEREAS, the establishment of Delaware standards for a State accreditation program requires statewide coordination and leadership.
11 Del. C. § 6596 — Delaware Code / Title 11 / Chapter 65 / Subchapter XII / Section 6596
§ Â
        6596. Public display or public posting of a correctional officerâs personal information by government agencies.
Status: in_force

Government agencies may not publicly post or publicly display content that includes the personal information of the correctional officer or their family if the correctional officer has made a written request under § 6598 of this title that the government agency not disclose such personal information. After a government agency has received a written request, that agency shall remove the personal information from publicly-available content within 72 hours. After the government agency has removed the correctional officer’s personal information from publicly-available content, the agency shall not publicly post, display or otherwise release the information unless the government agency has received the correctional officer’s consent to make the personal information available to the public.
11 Del. C. § 846 — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 846
§ Â
        846. Extortion; class E felony.
Status: in_force

A person commits extortion when, with the intent prescribed in § 841 of this title, the person compels or induces another person to deliver property to the person or to a third person by means of instilling in the victim a fear that, if the property is not so delivered, the defendant or another will:

(1) Cause physical injury to anyone; or

(2) Cause damage to property; or

(3) Engage in other conduct constituting a crime; or

(4) Accuse anyone of a crime or cause criminal charges to be instituted against anyone; or

(5) Expose a secret or publicize an asserted fact, whether true or false, tending to subject anyone to hatred, contempt or ridicule; or

(6) Falsely testify or provide information or withhold testimony or information with respect to another’s legal claim or defense; or

(7) Use or abuse the defendant’s position as a public servant by performing some act within or related to the defendant’s official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely; or

(8) Perform any other act which is calculated to harm another person materially with respect to the person’s health, safety, business, calling, career, financial condition, reputation or personal relationships.

Extortion is a class E felony, except where the victim is a person 62 years of age or older, in which case any violation of this section shall be a class D felony.
11 Del. C. § 6504 — Delaware Code / Title 11 / Chapter 65 / Subchapter I / Section 6504
§ Â
        6504. General powers and duties of the Department.
Status: repealed

The Department, subject only to powers vested in the judicial and certain executive departments and officers of the State, shall have the duties set forth in this chapter and the exclusive jurisdiction over the care, charge, custody, control, management, administration and supervision of:

(1) All offenders and persons under the custody of the Department;

(2) All institutions for the custody, correction and rehabilitation of persons committed to its care;

(3) Such other facilities as may be established by the Department for the safekeeping, correction or rehabilitation of offenders and persons;

(4) Probation services for courts having jurisdiction of offenders;

(5) Parole services for persons within the institutions and facilities of the Department or on parole;

(6) Furnishing the Board of Parole adequate office facilities and supplies to properly perform its duties;

(7) Providing consultation services and establishing standards on the design and construction of buildings, programs, administration of detention, jail or other facilities, operated by any county or municipality, and to provide a course of training for the personnel of same and establish standards for the same, with annual inspections, publishing the results of such inspections, as well as statistical and other data on persons held in the same;

(8) Operating classification committees, diagnostic and treatment programs and such other programs as may be desirable to fulfill the purposes of this chapter;

(9) Employing such officers, employees and agents and securing offices and quarters as deemed necessary to discharge the functions of the Department;

(10) Receiving all offenders committed to the Department;

(11) Executing the orders of the court as to sentences of corporal and capital punishment;

(12) Selling the products of its institutions and farms to other institutions supported in all or part by taxes levied within the State, prices to be set as provided by rules of the Department. All funds received from such sales shall be deposited in the General Fund. In the event that there is a surplus of the products of the Department’s institutions and farms which cannot be sold to the other institutions supported in whole or part by taxes levied within the State, the Department may sell such surplus products on the open market. All funds received from such sales shall be deposited in the General Fund;

(13) To agree with the proper authorities of the United States for payment to the General Fund of the State of such sums as shall be fixed by the Department for the maintenance and support of offenders committed to the Department by authority of the United States.

(14) [Repealed.]
11 Del. C. § 1245A — Delaware Code / Title 11 / Chapter 5 / Subchapter VI / Section 1245A
§ Â
        1245A. Providing a false statement to law enforcement; class G felony; class A misdemeanor.
Status: in_force

(a) A person is guilty of providing a false statement to law enforcement when, with intent to prevent, hinder or delay the investigation of any crime or offense by a law-enforcement officer or agency, the person knowingly provides any false written or oral statement to the law-enforcement officer or agency when such statement is material to the investigation.

(b) As used in this section:

(1) A “statement” is any oral or written assertion and includes, but is not limited to, any oral utterance, any written document or instrument, any computer-generated document or instrument, any police report, or any representation that a person makes under circumstances evidencing an intent that such be used or knowledge that a law-enforcement officer or agency may use such as an assertion of fact.

(2) A statement is “false” when such statement contains untrue, incomplete or misleading information concerning any fact or thing material to the investigation of a crime or offense by a law-enforcement officer or agency.

(3) A statement is “material” when, regardless of its eventual use or admissibility in an official proceeding, it could have affected the course or outcome of the investigation of a crime or offense by a law-enforcement officer or agency.

(4) An “official proceeding” includes any action or proceeding conducted by or before a legally constituted judicial, administrative or other governmental agency or official, in which evidence or testimony of witnesses may properly be received.

(c) Providing a false statement to law enforcement is a class G felony if the crime or offense being investigated is a felony.

(d) Providing a false statement to law enforcement is a class A misdemeanor if the crime or offense being investigated is other than a felony.
11 Del. C. § 282 — Delaware Code / Title 11 / Chapter 2 / Section 282
§ Â
        282. Criminal liability of an individual for organizational conduct.
Status: in_force

A person is criminally liable for conduct constituting an offense which the person performs or causes to be performed in the name of or in behalf of an organization to the same extent as if the conduct were performed in the person’s own name or behalf.
11 Del. C. § 4107 — Delaware Code / Title 11 / Chapter 41 / Subchapter I / Section 4107
§ Â
        4107. Annual report.
Status: in_force

(a) The Administrative Office of the Courts shall prepare an annual report by February 15 on behalf of the Superior Court, the Family Court, the Court of Common Pleas, the Justice of the Peace Court, and the Office of State Courts Collection Enforcement.

(b) The report under subsection (a) of this section must include information on the following:

(1) Amount of each of the following collected by the Judiciary:

a. Fines.

b. Fees and costs.

c. Assessments.

d. Restitution.

(2) Amount of fines, fees, costs, or assessments retained by the Judiciary and as a percentage of the Judiciary’s budget.

(3) Amount of fines, fees, costs, assessments, or restitution distributed to the State, a municipality, or a statutorily-created fund.

(c) The report under subsection (a) of this section must be publicly available on the Administrative Office of the Courts’ website or published as part of the Judiciary’s annual report.

(d) The Delaware Criminal Justice Information System shall prepare an annual report by February 15 detailing the amount of fines, fees, costs, and assessments collected by entities other than the Judiciary. The report must be publicly available on the Delaware Criminal Justice Information System’s website.

(e) The reports by the Administrative Office of the Courts and the Delaware Criminal Justice Information System must be submitted to the President Pro Tempore of the Senate and the Speaker of the House of Representatives, with copies to all members of the General Assembly, the Governor, the Chief Justice, the Attorney General, the Chief Defender, the Director and the Librarian of the Division of Legislative Services, and the Delaware Public Archives.
11 Del. C. § 6540 — Delaware Code / Title 11 / Chapter 65 / Subchapter VII / Section 6540
§ Â
        6540. Discharge allowance.
Status: in_force

(a) Persons discharged upon completion of their term or released on parole or mandatory conditional release may be supplied in accordance with the Department’s rules and regulations, within budget requirements, with satisfactory clothing and transportation to the point of destination within the State. If the inmate’s family is financially able, or if the inmate has resources, these shall be used prior to the use of public funds.

(b) Payments to eligible inmates who upon their release from an adult correctional facility are financially unable to obtain transportation away from the facility shall be expended as follows:

(1) Upon release, a prisoner who within 30 days prior to release has $50 or more in the prisoner’s inmate account or accounts shall not be eligible for such payment, but shall be paid the amount in the prisoner’s inmate account or accounts.

(2) Upon release, a prisoner who has less than $50 in the prisoner’s inmate account or accounts shall be paid the amount remaining in the prisoner’s account or accounts and may be paid an additional sum sufficient to ensure transportation to the prisoner’s place of residence. Such sum sufficient, together with the funds available in the inmate account, shall not exceed $50.

(3) Any prisoner who, after using option (1) or (2) of this subsection, has insufficient funds to provide a one-way bus ticket to the prisoner’s place of residence, shall forfeit all such funds and shall be provided with a 1-way bus ticket to the prisoner’s place of residence, as well as sufficient funding to provide food during travel.
11 Del. C. § 1244 — Delaware Code / Title 11 / Chapter 5 / Subchapter VI / Section 1244
§ Â
        1244. Hindering prosecution; class A misdemeanor.
Status: in_force

(a) A person is guilty of hindering prosecution when, with intent to prevent, hinder or delay the discovery or apprehension of, or the lodging of a criminal charge against, a person whom the person accused of hindering prosecution knows has committed acts constituting a crime, or is being sought by law-enforcement officers for the commission of a crime, the person accused of hindering prosecution:

(1) Harbors or conceals the person; or

(2) Warns the person of impending discovery or apprehension; or

(3) Provides the person with money, transportation, weapon, disguise or other means of avoiding discovery or apprehension; or

(4) Prevents or obstructs, by means of force, intimidation or deception, anyone from performing an act which might aid in the discovery or apprehension of the person or in the lodging of a criminal charge against the person; or

(5) Suppresses, by an act of concealment, alteration or destruction, any physical evidence which might aid in the discovery or apprehension of the person or in the lodging of a criminal charge against the person; or

(6) Aids the person to protect or profit expeditiously from an advantage derived from the person’s crime.

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

(c) Hindering prosecution is a class A misdemeanor if the person commits any of the acts set forth in subsection (a) of this section with intent to prevent, hinder or delay the discovery or apprehension of, or the lodging of a criminal charge against, a person whom that person knows committed acts constituting a crime other than a felony, or is being sought by law-enforcement officers for the commission of a crime other than a felony.
11 Del. C. § 8821 — Delaware Code / Title 11 / Chapter 88 / Section 8821
§ Â
        8821. Amount of ordinary disability pension.
Status: in_force

The ordinary 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 the following:

(1) In the case of total disability, the minimum pension shall be 50% of final coverage compensation plus 5% of final average compensation for each dependent during the period of dependency, not to exceed a total of 20% of final average compensation for all dependents; and

(2) In the case of partial disability, the minimum pension shall be 30% of final average compensation.
11 Del. C. § 3512 — Delaware Code / Title 11 / Chapter 35 / Subchapter I / Section 3512
§ Â
        3512. Presence of victims.
Status: in_force

A “victim” or a “member of the victim’s family,” as defined in § 9401 of this title, has the right to be present during all stages of a criminal proceeding even if called upon to testify therein, except as follows:

(1) A grand jury proceeding.

(2) If the defendant shows good cause to exclude them.
11 Del. C. § 784 — Delaware Code / Title 11 / Chapter 5 / Subchapter II / Section 784
§ Â
        784. Defense to unlawful imprisonment and kidnapping.
Status: in_force

In any prosecution for unlawful imprisonment or kidnapping it is an affirmative defense that the accused was a relative of the victim, and the accused’s sole purpose was to assume custody of the victim. In that case, the liability of the accused, if any, is governed by § 785 of this title, and the accused may be convicted under § 785 when indicted for unlawful imprisonment or kidnapping.
11 Del. C. § 4332A — Delaware Code / Title 11 / Chapter 43 / Subchapter III / Section 4332A
§ Â
        4332A. Imposition of community service.
Status: in_force

(a) A court may impose a period of community service, as defined in this chapter, either as a condition of probation or as the sole sanction imposed at sentencing.

(b) The specified number of hours of community service shall be fixed by the court, but in no case shall the total number of hours imposed exceed the maximum term of incarceration provided by law for the instant offense. In cases where no incarceration is provided by law, the number of hours of community service fixed by the court shall not exceed 100.

(c) In the event that community service is imposed by the court as a condition of probation, noncompliance with the community service order shall constitute a violation of the conditions of probation.

(d) In the event that community service is imposed as the sole sanction by the court, noncompliance with the community service order shall constitute criminal contempt.

(e) The Department shall, by the promulgation of regulations or other appropriate standards, administer and enforce the terms of all court orders involving the imposition of community service.
11 Del. C. § 1934 — Delaware Code / Title 11 / Chapter 19 / Subchapter II / Section 1934
§ Â
        1934. Short title.
Status: in_force

This subchapter may be cited as the “Uniform Law on Fresh Pursuit.”
11 Del. C. § 1252 — Delaware Code / Title 11 / Chapter 5 / Subchapter VI / Section 1252
§ Â
        1252. Escape in the second degree; class G felony.
Status: in_force

A person is guilty of escape in the second degree when the person escapes from a detention facility or from the custody of the Department of Health and Social Services or the Department of Correction.

Escape in the second degree is a class G felony.
11 Del. C. § 1242 — Delaware Code / Title 11 / Chapter 5 / Subchapter VI / Section 1242
§ Â
        1242. Limitation of civil liability for aiding a police officer.
Status: in_force

(a) A person who complies with § 1241 of this title by aiding a police officer, upon command, to affect an arrest or prevent the commission of an offense, shall not be held liable to any person for any damages resulting therefrom; provided, that the person employs means which would have been employed by a reasonable person under the circumstances known to the person at the time.

(b) A duly licensed physician, medical technician or registered nurse requested to withdraw blood from a person by a police officer so as to prevent the loss of evidence of blood alcohol content or the presence of drugs in the blood stream, and a hospital employing such physician, technician or nurse shall not be liable for civil damages for any acts or omissions arising out of the taking of such sample, or the reporting of the results to law-enforcement officials.
11 Del. C. § 9702 — Delaware Code / Title 11 / Chapter 97 / Section 9702
§ Â
        9702. Establishment of the Delaware Police Accreditation Commission.
Status: in_force

(a) The Delaware Police Accreditation Commission (hereinafter “the DPAC”) is hereby created.

(b) The DPAC is comprised of the following 12 members serving by virtue of position, or a designee appointed by the member, as follows:

(1) The Attorney General.

(2) The President Pro Tem of the State Senate.

(3) The Speaker of the House of Representatives.

(4) The Chairperson, Delaware Police Chiefs’ Council.

(5) The Superintendent, Delaware State Police.

(6) The Colonel of the New Castle County Police.

(7) The Chairperson, Sussex County Chiefs organization.

(8) The Chairperson, Kent County Chiefs organization.

(9) The Chief of Police, City of Dover.

(10) The Executive Director, Delaware League of Local Governments.

(11) The Secretary of the Department of Safety and Homeland Security will serve as Chair, but may not vote unless necessary to break a tie.

(12) The Chief of the Wilmington Police Department.

(c) A designee of a member serves at the pleasure of the member that appointed the designee.

(d) The Chairperson of the DPAC may form subcommittees consistent with the needs of the DPAC to address police accreditation issues including technical support, operations support, and training support. The subcommittees may include individuals who are not members of the DPAC, but who have an interest or expertise in police accreditation issues. Each subcommittee shall be chaired by a member of the DPAC.
11 Del. C. § 8580A — Delaware Code / Title 11 / Chapter 85 / Subchapter VII-A / Section 8580A
§ Â
        8580A. Definitions.
Status: in_force

As used in this subchapter:

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

(2) “Gold Alert Program” means as defined in § 8580 of this title.

(3) “Green Alert Program” or “Green Alert” means the procedures used to aid in the identification of a missing member of the armed forces.

(4) “Investigating law-enforcement agency” means the law-enforcement agency that has primary jurisdiction in the area in which a complaint regarding a missing member of the armed forces is filed.

(5) “Missing member of the armed forces” means an individual who meets all of the following:

a. The individual’s location is unknown.

b. The individual’s domicile is in this State at the time the individual is reported missing.

c. The individual is a veteran or is an active duty member of the United States Armed Forces, including the National Guard or the reserves.

d. The individual is known to have a physical or mental health condition that is related to the individual’s service as an active duty member of the United States Armed Forces, including the National Guard or reserves.

e. The individual’s disappearance poses a credible threat to the health or safety of the individual, as determined by the investigating law-enforcement agency.

(6) “Veteran” means an individual who has served in the United States Armed Forces, including the National Guard or the reserves.
11 Del. C. § 821 — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 821
§ Â
        821. Criminal trespass in the third degree; a violation.
Status: in_force

A person is guilty of criminal trespass in the third degree when the person knowingly enters or remains unlawfully upon real property.

Criminal trespass in the third degree is a violation.
11 Del. C. § 464 — Delaware Code / Title 11 / Chapter 4 / Section 464
§ Â
        464. Justification â Use of force in self-protection.
Status: in_force

(a) The use of force upon or toward another person is justifiable when the defendant reasonably believes that such force is immediately necessary for the purpose of protecting the defendant against the use of unlawful force by the other person on the present occasion.

(b) Except as otherwise provided in subsections (d) and (e) of this section, a person employing protective force may estimate the necessity thereof under the circumstances as the person reasonably believes them to be when the force is used, without retreating, surrendering possession, doing any other act which the person has no legal duty to do or abstaining from any lawful action.

(c) The use of deadly force is justifiable under this section if the defendant reasonably believes that such force is necessary to protect the defendant against death, serious physical injury, kidnapping or sexual intercourse compelled by force or threat.

(d) The use of force is not justifiable under this section to resist an arrest which the defendant knows or should know is being made by a peace officer, whether or not the arrest is lawful.

(e) The use of deadly force is not justifiable under this section if:

(1) The defendant, with the purpose of causing death or serious physical injury, provoked the use of force against the defendant in the same encounter; or

(2) The defendant knows that the necessity of using deadly force can be avoided with complete safety by retreating, by surrendering possession of a thing to a person asserting a claim of right thereto or by complying with a demand that the defendant abstain from performing an act which the defendant is not legally obligated to perform except that:

a. The defendant is not obliged to retreat in or from the defendant’s dwelling; and

b. The defendant is not obliged to retreat in or from the defendant’s place of work, unless the defendant was the initial aggressor; and

c. A public officer justified in using force in the performance of the officer’s duties, or a person justified in using force in assisting an officer or a person justified in using force in making an arrest or preventing an escape, need not desist from efforts to perform the duty or make the arrest or prevent the escape because of resistance or threatened resistance by or on behalf of the person against whom the action is directed.
11 Del. C. § 1425 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1425
§ Â
        1425. Findings of Court; order for removal.
Status: in_force

If the Court, after a hearing upon the requisite matters, finds that there is reasonable cause to believe that the premises are resorted to for the purpose of gambling and that access is barred by an obstruction, the Court shall order the occupant or owner to remove the obstruction.
11 Del. C. § 1343 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1343
§ Â
        1343. Patronizing a prostitute prohibited.
Status: in_force

(a) A person is guilty of patronizing a prostitute when:

(1) Pursuant to a prior agreement or understanding, the person pays a fee to another person as compensation for that person’s having engaged in sexual conduct with the person; or

(2) The person pays or agrees to pay a fee to another person pursuant to an agreement or understanding that in return therefor that person or a third person will engage in sexual conduct with the person; or

(3) The person solicits or requests another person to engage in sexual conduct with the person in return for a fee.

(b) (1) Patronizing a prostitute is a misdemeanor, except as set forth under paragraph (b)(2) of this section. The minimum mandatory fine shall be $500. This fine shall not be suspended.

(2) Patronizing a prostitute is a class E felony if the person from whom prostitution is sought is a minor. It is not a defense that the minor consented to engage in commercial sexual activity or that the defendant believed the minor was an adult.

(c) Whenever any vehicle, as defined in § 2321 of this title, has been used in, or in connection with, the offense of patronizing a prostitute, it shall forthwith be seized and taken into custody by the peace officer or officers having knowledge of the facts of such use.

(d) Vehicle seizure shall apply in the case of a defendant who has a previous conviction for the same offense in the previous 5 years. For the purpose of this section, “prior offense” shall be defined as a conviction of § 1343 of this title.

(e) (1) Any person found guilty of patronizing a prostitute and such crime has occurred on or within 1,000 feet of the property of any school, residence, church, synagogue or other place of worship shall be guilty of a class A misdemeanor, unless the person from whom prostitution is sought is a minor, in which case the offense is a class E felony. The minimum mandatory fine shall be $1,000. This fine shall not be suspended.

(2) It shall not be a defense to prosecution for a violation of this section that the person was unaware that the prohibited conduct took place on or within 1,000 feet of any school property, residence, church, synagogue or other place of worship.
11 Del. C. § 5901 — Delaware Code / Title 11 / Chapter 59 / Section 5901
§ Â
        5901. Advising accused of right to trial by Court of Common Pleas.
Status: in_force

In all criminal cases in all counties where a justice of the peace has jurisdiction to hear and determine the matter and the accused has the right to elect to have the case tried by the Court of Common Pleas, every justice of the peace shall advise such accused of the accused’s right to so elect, before the justice shall have jurisdiction to try the case.
11 Del. C. § 1412 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1412
§ Â
        1412. Revocation of service contracts or denial of application for service; exemption from liability.
Status: in_force

(a) The Attorney General, if the Attorney General has reasonable cause to believe that any service furnished by a public utility is being used or will be used to disseminate information in furtherance of gambling or for gambling purposes, may give notice to the person who has contracted with or is applying to the public utility for such service that the Attorney General intends to seek a court order that the service contract be revoked or the application for service be denied.

(b) The notice permitted in subsection (a) of this section shall be served personally upon the person who has contracted with or is applying to the public utility for the service. If personal service is not reasonably possible, the notice may be posted in a conspicuous place on the premises to which the service is furnished. The notice shall specify the time and place where the hearing will be held, and the court before which it will be held.

(c) A hearing shall be held in the Superior Court at the time specified in the notice. At the hearing, evidence bearing on the use of the public utility service in question may be presented by the State and by or on behalf of the person who has contracted for or is applying for the service.

(d) If the Court, after hearing, determines that there is probable cause to believe that the service furnished by the public utility is being used or will be used to disseminate information in furtherance of gambling or for gambling purposes, it shall order that the contract to furnish the service be revoked or that the application for service be denied.

(e) No public utility shall be held liable at law or in equity for revocation of a contract, or denying an application for service, when ordered to do so as provided by this section.
11 Del. C. § 2403 — Delaware Code / Title 11 / Chapter 24 / Subchapter I / Section 2403
§ Â
        2403. Manufacture, possession or sale of intercepting device.
Status: in_force

(a) Prohibited acts. — Except as otherwise specifically provided by this chapter, any person who manufactures, assembles, possesses or sells any electronic, mechanical or other device knowing or having reason to know that the design of the device is primarily for the purpose of the surreptitious interception of wire, oral or electronic communications, shall be guilty of a Class F felony and be fined not more than $10,000.

(b) Lawful acts. — It is lawful under this section for:

(1) A provider of wire or electronic communication service or an officer, agent, employee of, or person under contract with a service provider, in the normal course of the business of providing that wire or electronic communication service, to manufacture, assemble, possess or sell any electronic, mechanical or other device knowing or having reason to know that the design of the device is primarily for the purpose of the surreptitious interception of wire, oral or electronic communications.

(2) A person under contract with the United States, a state, a political subdivision of a state or the District of Columbia, in the normal course of the duties of the United States, a state, a political subdivision thereof or the District of Columbia to manufacture, assemble, possess or sell any electronic, mechanical or other device knowing or having reason to know that the design of the device is primarily for the purpose of the surreptitious interception of wire, oral or electronic communications.

(3) An officer, agent or employee of the United States in the normal course of that individual’s lawful duties to manufacture, assemble, possess or sell any electronic, mechanical or other device knowing or having reason to know that the design of the device is primarily for the purpose of the surreptitious interception of wire, oral or electronic communications. However, any sale made under the authority of this paragraph may only be for the purpose of disposing of obsolete or surplus devices.

(4) An officer, agent or employee of a law-enforcement agency of this State or a political subdivision of this State in the normal course of that individual’s lawful duties to manufacture, assemble, possess or sell any electronic, mechanical or other device knowing or having reason to know that the design of the device is primarily for the purpose of the surreptitious interception of wire, oral or electronic communications; provided, however, that the particular officer, agent or employee is specifically authorized by the chief administrator of such law-enforcement agency to manufacture, assemble or possess the device for a particular law-enforcement purpose. However, any sale made under the authority of this paragraph may only be for the purpose of disposing of obsolete or surplus devices.
11 Del. C. § 441 — Delaware Code / Title 11 / Chapter 4 / Section 441
§ Â
        441. Ignorance or mistake of fact as defense.
Status: in_force

In any prosecution for an offense, it is a defense that the accused engaged in the conduct charged to constitute the offense under ignorance or mistake of fact if:

(1) The ignorance or mistake negatives the state of mind for the commission of the offense; or

(2) The statute defining the offense or a statute related thereto expressly provides that the ignorance or mistake constitutes a defense or exemption; or

(3) The ignorance or mistake is of a kind that supports a defense of justification as defined in this Criminal Code.
11 Del. C. § 1457B — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1457B
§ Â
        1457B. Possession of a firearm or projectile weapon  at a polling place; class A misdemeanor.
Status: repealed

(a) As used in this section:

(1) a. “Election day” means a day on which in-person voting is offered at a polling place, and includes early voting under Chapter 54 of Title 15, for any of the following elections:

1. Primary, general, or special election.

2. School election conducted by the Department of Elections pursuant to Title 14 or Title 15.

3. Municipal election conducted in accordance with the municipality’s charter, ordinance, or code.

b. “Election day” includes 2 hours before the polls open until 2 hours after the polls close.

(2) [Repealed.]

(3) a. “Polling place” means 1 of the following locations in the State:

1. Designated by the Department of Elections for in-person voting under §§ 4512 and 5402 of Title 15.

2. Designated in accordance with a municipality’s charter, ordinance, or code for in-person voting on an election day.

3. Designated by the Department of Elections for the tabulation and counting of votes.

4. Department of Elections office locations where sealed absentee ballot envelopes may be returned under the provisions of § 5507 of Title 15.

b. “Polling place” shall not mean an area outside of the actual polling place, such as parking areas or adjoining structures that are not part of the polling place.

(b) Except as otherwise provided under subsection (c) of this section, a person who knowingly possesses a firearm or projectile weapon at a polling place on election day is guilty of possession of a firearm or projectile weapon at a polling place.

(c) Subsection (b) of this section does not apply if at the time of an alleged violation the person is any of the following:

(1) Legally in possession of a firearm or projectile weapon within a private residence located at a polling place.

(2) Engaged in lawful hunting, firearm or projectile weapon instruction, or firearm or projectile weapon-related sports on public lands that are designated for such activity, other than those being used as a polling place on election day.

(3) Employed as any of the following:

a. A law-enforcement officer.

b. A “commissioned security guard,” as defined under § 1302 of Title 24, who is acting in an official capacity at a polling place on election day.

c. A constable, as licensed under Chapter 56 of Title 24, who is acting in an official capacity at a polling place on election day.

d. An active-duty member of the United States Armed Forces or Delaware National Guard, who is acting in an official capacity at a polling place on election day.

(d) It is an affirmative defense that a person was legally in possession of a firearm or projectile weapon and was only traveling through the polling place to reach private property located therein or to leave private property therein to reach a location outside the polling place. This defense is not available to any person who committed any of the following acts or conspired to commit any of the following acts:

(1) Intimidation of voters

(2) Interference with the election.

(3) Traveling through the polling place with a firearm or projectile weapon for any purpose other than reaching a permitted destination.

(e) It is not a defense if the person was unaware that the person possessed a firearm or projectile weapon at a polling place on election day.

(f) Possession of a firearm or projectile weapon at a polling place is a class A misdemeanor.

(g) The Superior Court has exclusive jurisdiction over offenses under this section.

(h) The Department of Elections shall post signs at the entrance of each polling place on election day to notify the public that firearms and projectile weapons are not permitted at the polling place.
11 Del. C. § 8570 — Delaware Code / Title 11 / Chapter 85 / Subchapter VI / Section 8570
§ Â
        8570. Purpose and intent.
Status: in_force

The purpose and intent of this subchapter is to establish the Delaware Firearm Transaction Approval Program that is compliant with the federal Brady Act, P.L. 103-159, 107 Stat. 1536, 18 U.S.C. § 921 et seq., and to make this State a federally-compliant point of contact state in conjunction with the federal National Instant Criminal Background Check System.
11 Del. C. § 8307 — Delaware Code / Title 11 / Chapter 83 / Subchapter I / Section 8307
§ Â
        8307. Disposition of lost or stolen property or money.
Status: in_force

(a) Whenever any personal property of any kind, except money, comes into the custody of the State Police and the person entitled to possession of the same cannot be located and fails to claim the same for a period of 1 year, the Superintendent of the State Police may dispose of the same at public sale at some place which shall be convenient and accessible to the public, provided that the time, place and terms of said sale, together with a description of said personal property, shall be inserted in 1 or more daily newspapers published in the State at least once each week for 2 successive weeks prior to said sale. The Superintendent shall in the Superintendent’s discretion fix the terms of sale and may employ an auctioneer to make the sale. If the personal property be of the kind for which a certificate of title or registration shall or should have been issued by any commissioner, commission or department, whether state or federal, the Superintendent shall cause notice by registered mail to be sent at least 10 days prior to the sale to the owner and lien holder, if any, shown on the records of such commissioner, commission or department, or to the person entitled to the possession thereof, if an address be known or if it can be ascertained by the exercise of reasonable diligence; and if said address cannot be so ascertained, then such notice shall not be required to be given.

(b) After deducting from the proceeds of the sale the expense of making the same and the amount of storage and any other repair or tow charges incurred during the period in which the same was in custody, and after the payment of all liens to which said property was subject in the order of their priority, the balance remaining, if any, shall be paid into the Police Retirement Fund of the State Police. If the owner or the person entitled to the possession of personal property, sold as aforesaid, shall present to the Superintendent a claim, duly sworn to, at any time within 3 years from the date of such sale, for the balance remaining from the proceeds of such sale, the Superintendent shall cause to be paid from said Police Retirement Fund the amount of such balance, without interest, to such claimant. If no claim for such balance is made within 3 years from the date of such sale, such balance shall become the property of said Police Retirement Fund in the same manner as other sums contributed thereto.

(c) Whenever any lost, abandoned or stolen money comes into the custody of the State Police, the Superintendent of the State Police shall make a reasonable effort to locate the owner thereof. If the owner of any stolen money cannot be located or fails to claim such stolen money within 1 year from the date that it came into the custody of the State Police, such money shall become the property of the State Police Retirement Fund in the same manner as other sums contributed thereto. If the owner of any lost or abandoned money cannot be located or fails to claim such lost or abandoned money within 1 year from the date that it came into the custody of the State Police, such money shall become the property of the person who delivered custody of such money to the State Police and shall be returned by the Superintendent to such person as soon as is practicable.

(d) No action for the recovery of personal property, money or damages arising under this section shall be brought after the expiration of 3 years from the accruing of the cause of such action; provided, however, that this subsection shall not be deemed to constitute a waiver of any immunity from suit to which the Superintendent of State Police may otherwise by law be entitled.

(e) The certificate of the Superintendent that any such personal property has been sold to a purchaser as provided in this section shall constitute sufficient evidence of title to any property so sold in order to enable any such purchaser to obtain a certificate of title and registration from the appropriate commissioner, commission or department, which shall recognize such certificate of the Superintendent as sufficient authority for the issuance of a certificate of title and registration.

(f) This section shall not apply to any property the disposition of which is provided for elsewhere in this title.
11 Del. C. § 1444 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1444
§ Â
        1444. Possessing a destructive weapon; class E felony.
Status: repealed

(a) A person is guilty of possessing a destructive weapon when the person makes, sells, transfers, buys, receives, or has possession of any of the following:

(1) A bomb.

(2) A bombshell.

(3) A firearm silencer.

(4) A sawed-off shotgun.

(5) A machine gun or any other firearm or weapon which is adaptable for use as a machine gun.

(6) A bump stock, trigger crank, or rapid fire device.

a. “Bump stock” means an after-market device that increases the rate of fire achievable with a semi-automatic rifle by using energy from the recoil of the weapon to generate a reciprocating action that facilitates repeated activation of the trigger.

b. “Rapid fire device” means a part, kit, tool, accessory, or device that increases the rate of fire of a semi-automatic firearm to a rate of fire that mimics the rate of fire of a machine gun.

c. “Trigger crank” means an after-market device designed and intended to be added to a semi-automatic rifle as a crank operated trigger actuator capable of triggering multiple shots with a single rotation of the crank.

(b) (1) Possessing a destructive weapon listed in paragraphs (a)(1) through (a)(5) of this section is a class E felony. This section does not apply to members of the military forces or to members of a police force in this State duly authorized to carry a weapon of the type described; nor shall the provisions contained herein apply to authorized and certified (by an accredited state enforcement agency) state and federal wildlife biologists possessing firearm silencers for the purposes of wildlife disease or wildlife population control, or persons possessing machine guns for scientific or experimental research and development purposes, which machine guns have been duly registered under the National Firearms Act of 1968 (26 U.S.C. § 5801 et seq.).

(2) A person who is convicted of only having possession of a destructive weapon listed under paragraph (a)(6) of this section commits the following:

a. A class B misdemeanor for a first offense.

b. A class E felony for a second or subsequent offense.

(c) For purposes of this section:

(1) a. “Machine gun” means any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger.

b. “Machine gun” includes the frame or receiver of a machine gun, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machine gun, and any combination of parts from which a machine gun can be assembled if the parts are in the possession or under the control of a person.

(2) “Shotgun” means a weapon designed or redesigned, made, or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of projectiles (ball shot) or a single projectile for each pull of the trigger.

(3) “Sawed-off shotgun” means a shotgun having 1 or more barrels less than 18 inches in length or any weapon made from a shotgun (whether by alteration, modification, or otherwise) if such weapon as modified has an overall length of less than 26 inches.

(d) The Superior Court has exclusive jurisdiction over offenses under this section.

(e) (1) Any destructive weapon as defined in paragraph (a)(6) of this section shall be relinquished to a law-enforcement agency of this State and may be destroyed by the law-enforcement agency 30 days after relinquishment.

(2) Relinquishment to a law-enforcement agency is not a transfer or evidence of possession under paragraph (a)(6) of this section.

(f) [Repealed.]
11 Del. C. § 1003 — Delaware Code / Title 11 / Chapter 5 / Subchapter IV / Section 1003
§ Â
        1003. Bigamous marriage contracted outside the State.
Status: in_force

Whoever, being a resident of Delaware, goes out of the State and contracts a marriage contrary to § 1001 of this title, intending to return and reside in Delaware, and returns accordingly, is guilty of bigamy.
11 Del. C. § 1442 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1442
§ Â
        1442. Carrying a concealed deadly weapon; class G felony; class D felony.
Status: in_force

(a) A person is guilty of carrying a concealed deadly weapon when the person carries concealed a deadly weapon upon or about the person without a license to do so as provided by § 1441 of this title.

(b) Carrying a concealed deadly weapon is a class G felony, unless the deadly weapon is a firearm or a projectile weapon, in which case it is a class D felony.

(c) It shall be a defense that the defendant has been issued an otherwise valid license to carry a concealed deadly weapon pursuant to terms of § 1441 of this title, where:

(1) The license has expired,

(2) The person had applied for renewal of said license within the allotted time frame prior to expiration of the license, and

(3) The offense is alleged to have occurred while the application for renewal of said license was pending before the court.

(d) It shall be a defense that the defendant complied with § 1456(b) of this title.
11 Del. C. § 243 — Delaware Code / Title 11 / Chapter 2 / Section 243
§ Â
        243. Definition of âvoluntary act.â
Status: in_force

“Voluntary act” means a bodily movement performed consciously or habitually as a result of effort or determination, and includes possession if the defendant knowingly procured or received the thing possessed or was aware of the defendant’s control thereof for a sufficient period to have been able to terminate possession.
11 Del. C. § 3511 — Delaware Code / Title 11 / Chapter 35 / Subchapter I / Section 3511
§ Â
        3511. Videotaped deposition and procedures for child witnesses.
Status: in_force

(a) In any criminal case or hearing on delinquency, upon motion of the Deputy Attorney General prior to trial and with notice to the defense, the court may order all questioning of any witnesses under the age of 12 years to be videotaped in a location designated by the court. Persons present during the videotaping shall include the witness, the Deputy Attorney General, the defendant’s attorney and any person whose presence would contribute to the welfare and well-being of the witness, and if the court permits, the person necessary for operating the equipment. Only the attorneys or a defendant acting pro se may question the child. The court shall permit the defendant to observe and hear the videotaping of the witness in person or, upon motion by the State, the court may exclude the defendant providing the defendant is able to observe and hear the witness and communicate with the defense attorney. The court shall ensure that:

(1) The recording is both visual and oral and is recorded on film or videotape or by other electronic means;

(2) The recording equipment was capable of making an accurate recording, the operator was competent to operate such equipment and the recording is accurate and is not altered;

(3) Each voice on the recording is identified;

(4) Each party is afforded an opportunity to view the recording before it is shown in the courtroom.

(b) If the court orders testimony of a witness taken under this section, the witness may not be compelled to testify in court at the trial or upon any hearing for which the testimony was taken. At the trial or upon any hearing, a part or all of the videotaped deposition, so far as otherwise admissible under the rules of evidence, may be used as substantive evidence. If only a part of a deposition is offered in evidence by a party, an adverse party may require the party to offer all of it which is relevant to the part offered and any party may offer other parts. Objections to deposition testimony or evidence or parts thereof and the grounds for the objection shall be stated at the time of the taking of the deposition.

(c) The witness need not be physically present in the courtroom when the videotape is admitted into evidence.

(d) The cost of such videotaping shall be paid by the court.

(e) Videotapes which are part of the court record are subject to a protective order of the court for the purpose of protecting the privacy of the witness.
11 Del. C. § 831 — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 831
§ Â
        831. Robbery in the second degree; class E or D felony.
Status: in_force

(a) A person is guilty of robbery in the second degree when, in the course of committing theft, the person uses or threatens the immediate use of force upon another person with intent to:

(1) Prevent or overcome resistance to the taking of the property or to the retention thereof immediately after the taking; or

(2) Compel the owner of the property or another person to deliver up the property or to engage in other conduct which aids in the commission of the theft.

(b) Except as provided in paragraph (d) of this section, robbery second degree is a class E felony.

(c) In addition to its ordinary meaning, the phrase “in the course of committing theft” includes any act which occurs in an attempt to commit theft or in immediate flight after the attempt or commission of the theft.

(d) Robbery in the second degree is a class D felony when, in the course of committing an offense under subsection (a) of this section, the person takes possession of a motor vehicle, and while in possession or control of such vehicle, the person does any of the following:

(1) Commits or attempts to commit a class D or greater felony.

(2) Drives or operates the vehicle in violation of § 4177 of Title 21.

(3) Commits any offense set forth in Chapter 47 of Title 16.

(4) Engages in conduct which causes or creates a substantial risk of physical injury to another person.

(e) Definitions relating to subsection (d) of this section. —

(1) “Another person” means and includes the owner of the motor vehicle or any operator, occupant, passenger of the motor vehicle or any other person who has an interest in the use of the motor vehicle which the offender is not privileged to infringe.

(2) “Motor vehicle” or “vehicle,” means its ordinary meaning and includes any watercraft.
11 Del. C. § 532 — Delaware Code / Title 11 / Chapter 5 / Subchapter I / Section 532
§ Â
        532. âSubstantial stepâ defined.
Status: in_force

A “substantial step” under § 531 of this title is an act or omission which leaves no reasonable doubt as to the defendant’s intention to commit the crime which the defendant is charged with attempting.
11 Del. C. § 8573 — Delaware Code / Title 11 / Chapter 85 / Subchapter VI / Section 8573
§ Â
        8573. Confidentiality of NICS check and POC records.
Status: in_force

(a) The SBI is responsible for maintaining the security, integrity, and confidentiality of all information and records pertaining to the Firearm Transaction Approval Program. The SBI may share such information and records with another state or federal law-enforcement agency or the Judicial Information Center in order to carry out its functions under §§ 8572 and 8574 of this title.

(b) As this State’s designated NICS POC, the SBI shall strictly adhere to the federal regulations pertaining to the confidentiality and security of NICS information including 28 C.F.R. §§ 25.6, 25.7, 25.8, 25.9, and 25.11.

(c) (1) The SBI may promulgate regulations consistent with 28 C.F.R. Part 25 to ensure the security, integrity, and confidentiality of all information and records coming into its custody under the Firearm Transaction Approval Program.

(2) Regulations under this section may protect the privacy and confidentiality of this State’s citizens to a greater extent than federal law.

(d) Nothing in this subchapter may be construed to allow the State to maintain records containing the names of FFLs who receive unique approval numbers or to maintain records of firearm transactions, including the names or other identification of FFLs and potential buyers or transferees, involving individuals who are not prohibited by § 1448 of this title or federal law from the receipt or possession of firearms for longer than 6 months. However, the SBI may retain whatever information it receives including the identifying information of a potential buyer or transferee if the SBI has reasonable cause to believe the potential buyer or transferee is committing a crime. Nothing in this paragraph may be construed to be a waiver of sovereign immunity.

(e) The Superior Court has exclusive jurisdiction over a violation of subsection (d) of this section.
11 Del. C. § 1115 — Delaware Code / Title 11 / Chapter 5 / Subchapter V / Section 1115
§ Â
        1115. Definitions.
Status: in_force

(1) “Coupon” means any card, paper, note, form, statement, ticket or other issue distributed for commercial or promotional purposes to be later surrendered by the bearer so as to receive any tobacco product without charge or at a discounted price.

(2) “Distribute” means give, deliver or sell, offer to give, deliver or sell, or cause or hire any person to give, deliver or sell, or offer to give, deliver or sell.

(3) “Health warning” means any tobacco product or tobacco substitute label mandated by federal law and intended to alert all users of such tobacco product or tobacco substitute to the health risks associated with tobacco use, including, but not limited to, warning labels imposed under the Federal Cigarette Labeling and Advertising Act (15 U.S.C. § 1331 et seq.) and the Comprehensive Smokeless Tobacco Health Education Act of 1986 (15 U.S.C. § 4401 et seq.).

(4) “Proof of age” means a driver’s license or other government-issued identification with a photograph of the individual affixed thereon that indicates that the individual is 21 years old or older.

(5) “Public place” means any area to which the general public is invited or permitted, including, but not limited to, parks, streets, sidewalks or pedestrian concourses, sports arenas, pavilions, gymnasiums, public malls and property owned, occupied or operated by the State or by any agency thereof.

(6) “Sample” means a tobacco product or tobacco substitute distributed to members of the general public at no cost for the purpose of promoting the product.

(7) “Sampling” means the distribution of samples or coupons for redemption of tobacco products or tobacco substitutes to members of the general public in a public place.

(8) “Tax stamp” means any required state or federal stamp imposed for the purpose of collecting excise tax revenue.

(9) a. “Tobacco product” means any product that is made from or derived from tobacco or that contains nicotine, including: cigarettes, cigars, pipe tobacco, hookah tobacco, chewing tobacco, snuff, snus, or smokeless tobacco and is intended for human consumption by any means including smoking, heating, chewing, absorbing, dissolving, inhaling, or ingesting.

b. “Tobacco product” also means a component or accessory used in the consumption of a tobacco product, including filters, rolling papers, and pipes.

c. “Tobacco product” does not mean a drug, device, or combination product authorized for sale by the United States Food and Drug Administration under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 301 et seq.).

(10) “Tobacco store” means any retail establishment where 60% of the retail establishment’s gross revenue comes from the retail sale of tobacco products and smoking paraphernalia.

(11) a. “Tobacco substitute” means an electronic smoking device employing a mechanical heating element, battery, or circuit to produce aerosol or vapor for inhalation into the body of an individual.

b. “Tobacco substitute” also means liquid used in a device under paragraph (11)a. of this section, including liquids that contain nicotine and liquids that do not contain nicotine.

c. “Tobacco substitute” does not mean a drug, device, or combination product authorized for sale by the United States Food and Drug Administration under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 301 et seq.).

(12) “Vending machine” means any mechanical, electronic or other similar device which automatically dispenses tobacco products or tobacco substitutes, usually upon the insertion of a coin, token or slug.
11 Del. C. § 1307 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1307
§ Â
        1307. Civil remedies for violations of hate crimes and related offenses.
Status: in_force

(a) A person incurring injury to self, including emotional distress, or damage or loss to property, as a result of conduct committed in violation of § 1304, § 1305, or § 1306 of this title has a civil cause of action to secure an injunction, damages, or other appropriate relief in law or in equity.

(b) In an action under subsection (a) of this section, whether a violation of § 1304, § 1305, or § 1306 of this title has occurred is to be determined according to the burden of proof used in other civil actions for similar relief.

(c) (1) The Attorney General may initiate a cause of action against a person or group who violates § 1304, § 1305, or § 1306 of this title on behalf of any person or group that has sustained injury to person or property.

(2) For purposes of this subsection, “group” means as defined under § 1304(b) of this title,

(d) (1) In an action to enforce this section, the court may award the prevailing party or the Attorney General a reasonable attorneys’ fee. In awarding attorneys’ fees under this subsection, the court may include reasonable expert fees as part of the attorneys’ fee.

(2) On prevailing in an action under subsection (a) of this section, the plaintiff may recover both special and general damages, including damages for emotional distress and punitive damages.

(e) Notwithstanding any other provision of the law to the contrary, a parent or legal guardian of an unemancipated minor is liable for a judgment rendered against the minor under this section if the parent or legal guardian knew of the propensity of the minor to commit a violation of § 1304, § 1305, or § 1306 of this title.
11 Del. C. § 3905 — Delaware Code / Title 11 / Chapter 39 / Subchapter I / Section 3905
§ Â
        3905. Instructions on separate issues of guilt and insanity; instructions on verdicts.
Status: in_force

At the conclusion of a trial under this title, where warranted by the evidence, the charge to the jury shall contain instructions that shall consider separately the issues of guilt and the presence or absence of insanity, and shall also contain instructions as to the verdicts of “guilty;” “guilty, but mentally ill;” “not guilty by reason of insanity;” and “not guilty” with regard to the offense or offenses charged and, as required by law, any lesser included offenses.
11 Del. C. § 1404 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1404
§ Â
        1404. Providing premises for gambling; class A misdemeanor; unclassified  misdemeanor.
Status: in_force

A person is guilty of providing premises for gambling when:

(1) The person lets, demises or transfers to another person any building, structure, room or rooms knowing that the same will be used for the purpose of committing any gambling offense; or

(2) The person knowingly permits any house, structure, building, room or rooms of which the person has possession or control to be used for the purpose of committing any gambling offense; or

(3) The person contributes to the support and maintenance of any house or place where gambling is carried on or conducted; or

(4) The person keeps or maintains any house or place where gambling is carried on.

Providing premises for gambling or contributing thereto is an unclassified misdemeanor, unless the accused has been convicted, within the previous 5 years, of the same offense or of an offense under § 663 or § 665 of this title as the same existed prior to July 1, 1973, in which case it is a class A misdemeanor.
11 Del. C. § 9613 — Delaware Code / Title 11 / Chapter 96 / Subchapter II / Section 9613
§ Â
        9613. Persons eligible to apply.
Status: in_force

All of the following persons are eligible to apply to become program participants:

(1) A victim of domestic violence, sexual assault, human trafficking, kidnapping, or stalking who has filed for a protection from abuse order or who is or was named as a victim in any criminal or delinquency proceeding brought for the purpose of determining liability for the commission of any crime or offense as those terms are defined in § 233 of this title, and who further states that the victim fears future violent acts by the perpetrator of the abuse.

(2) A person who has a valid agreement with the Department of Justice as set out in § 9601(f) of this title.

(3) A person who is a member of the same household as a program participant. A parent or guardian may apply to the program on behalf of a minor; or in the case of an adult individual who is incapacitated, application may be made by the person holding power of attorney.

(4) A person who has obtained or is seeking relief from a domestic violence program or service, as certified by the director of that program or the director’s designee.

(5) A person who is a reproductive health service provider or employee who fears for such person’s safety because of providing reproductive health services.
11 Del. C. § 9012 — Delaware Code / Title 11 / Chapter 90 / Section 9012
§ Â
        9012. Form of claim; investigationâhearing.
Status: in_force

(a) All claims filed with the Agency must be in writing on the Agency’s provided claim form and signed by the claimant. The Agency shall initiate an investigation of the claim within 30 days of the filing of the claim. After this investigation, the Agency shall render a decision on whether or not to award compensation to the claimant. The Agency shall immediately mail a copy of its decision to the claimant, together with written notice of the claimant’s options for redress if dissatisfied with the Agency decision.

(b) If the claimant is dissatisfied with the Agency’s decision, the claimant may, within 30 days after the date the Agency decision is mailed, file a request for reconsideration of the claim. The request must include additional information from the claimant that supports the claim request. If the request is not timely made, then the Agency decision is final and not appealable to the Appeals Board or the Superior Court.

(c) If a reconsideration is timely requested, the Executive Director shall review the claimant’s information and render a final decision. This decision will immediately be mailed to the claimant, together with written notice of the claimant’s right to request an appeal.

(d) If the claimant is dissatisfied with the Agency’s final decision, the claimant may, within 30 days after the date the decision is mailed, request a hearing before the Appeals Board. If an appeal is timely requested, the Appeals Board shall fix the time and place for hearing the appeal. The Agency shall, at least 20 days before the time set for the hearing, mail notices of the time and place of the hearing to all interested persons and agencies. At the appeal hearing, the claimant may present evidence to the Appeals Board to show why the Agency’s decision should be reversed or modified. Within 90 days of the conclusion of all hearings on the matter, the Appeals Board shall mail to the claimant a statement of its final decision to award or deny the claim and a statement of any conditions under which the claim will be awarded. The Appeals Board may affirm, reverse, or modify the Agency’s decision.

(e) The claimant or the Agency, if dissatisfied by the Appeals Board’s decision concerning compensation or any conditions attached to the award of the compensation, may appeal to the Superior Court within 30 days following the date the decision of the Appeals Board is mailed to the appealing party. An appeal to Superior Court must be based on the record of the Appeals Board hearing.
11 Del. C. § 3301 — Delaware Code / Title 11 / Chapter 33 / Section 3301
§ Â
        3301. Examination upon voir dire in capital cases.
Status: in_force

When a juror is called in a capital case, the juror shall be first sworn or affirmed upon the voir dire and then asked, under the direction of the court, if the juror has formed or expressed any opinion in regard to the guilt or innocence of the prisoner at the bar. If the answer is in the negative, the juror shall be sworn as a juror in the case, unless the juror has conscientious scruples against finding a verdict of guilty in a case where the punishment is death, even if the evidence should so warrant, or unless the juror shall be peremptorily challenged, challenged for cause or excused by consent of counsel on both sides. If the juror’s answer to the question be in the affirmative, the juror shall be disqualified to sit in the case, unless the juror shall say, upon oath or affirmation, to the satisfaction of the court, that the juror feels able, notwithstanding such an opinion, to render an impartial verdict upon the law and the evidence, in which event the juror shall be a competent juror, if not otherwise disqualified, challenged or excused.
11 Del. C. § 9407 — Delaware Code / Title 11 / Chapter 94 / Subchapter I / Section 9407
§ Â
        9407. Presence at court proceedings; notice [Transferred].
Status: in_force

Transferred to § 9403 of this title by 85 Del. Laws, c. 142, § 1, effective Aug. 20, 2025.
11 Del. C. § 4501 — Delaware Code / Title 11 / Chapter 45 / Section 4501
§ Â
        4501. Formal defects and clerical errors.
Status: in_force

In a criminal case, judgment shall not be reversed for any clerical misprision or formal defect, if the record contains substantial ground for judgment.

The omission of the words “with force and arms” shall be deemed a defect in form merely.
11 Del. C. § 241 — Delaware Code / Title 11 / Chapter 2 / Section 241
§ Â
        241. Conviction to precede punishment.
Status: in_force

The punishments prescribed by this Criminal Code or by any other statute of a criminal nature may be inflicted only after a judgment of conviction by a court having jurisdiction over the person of the defendant and over the subject matter.
11 Del. C. § 452 — Delaware Code / Title 11 / Chapter 4 / Section 452
§ Â
        452. Consent of victim to inflictions of physical injury as defense.
Status: in_force

In any prosecution for an offense involving or threatening physical injury, it is a defense that the victim consented to the infliction of physical injury of the kind done or threatened, provided that:

(1) The physical injury done or threatened by the conduct consented to is not serious physical injury; or

(2) The physical injury done or threatened is a reasonably foreseeable hazard of joint participation in any concerted activity, athletic contest or sport not prohibited by law.
11 Del. C. § 9614 — Delaware Code / Title 11 / Chapter 96 / Subchapter II / Section 9614
§ Â
        9614. Application, certification and termination process.
Status: in_force

A person shall file an application with the Program in a manner prescribed by the Program. The Department of Justice shall have the authority to promulgate appropriate policies and procedures regarding certification and termination. Certification shall be valid for a period of 3 years following the date of certification unless the certification is withdrawn or canceled before the expiration of that period, or a person’s participation in the program is otherwise terminated.
11 Del. C. § 8205 — Delaware Code / Title 11 / Chapter 82 / Section 8205
§ Â
        8205. Capitol Police stations; location, staff and equipment.
Status: in_force

The Department shall establish and maintain at least 3 Capitol Police offices in the State, 1 of which shall be located at New Castle County Courthouse, New Castle County, 1 of which shall be located in Kent County, and 1 of which shall be located in Sussex County, and such other offices as the Department deems necessary for the proper policing of, and for the enforcement of the laws of the State. Such Capitol Police stations as are herein directed to be established and maintained shall each be staffed with members of the Capitol Police, and shall each be equipped with radio equipment to aid in the police work of the Department.
11 Del. C. § 8583 — Delaware Code / Title 11 / Chapter 85 / Subchapter VII / Section 8583
§ Â
        8583. Cancellation of a Gold Alert.
Status: in_force

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

(b) A law-enforcement agency that locates a missing person who is the subject of a Gold Alert shall notify DELJIS, NCIC, and DIAC as soon as possible that the missing person has been located. A law-enforcement agency must remove any notifications concerning the missing person from all law-enforcement media platforms, including social media platforms, and law-enforcement websites within 72 hours of being advised that the missing person has been located. Once the data is electronically removed the law-enforcement agency must follow retention and disposition requirements under Chapter 5 of Title 29.
11 Del. C. § 283 — Delaware Code / Title 11 / Chapter 2 / Section 283
§ Â
        283. Impermissible organizational activity no defense.
Status: in_force

In any prosecution for an offense alleged to have been committed by an organization, it is no defense that the act charged to constitute the offense was an impermissible organizational activity.
11 Del. C. § 4342 — Delaware Code / Title 11 / Chapter 43 / Subchapter IV / Section 4342
§ Â
        4342. Adequate quarters; personnel; seal.
Status: in_force

(a) The Board shall obtain and maintain suitable and adequate quarters and shall employ those persons necessary to carry out its functions. For administrative and budgetary purposes, the Board shall be placed within the Criminal Justice Council. Fiscal oversight shall be provided by the Criminal Justice Council as determined by the Executive Director of the Criminal Justice Council.

(b) The Board shall adopt an official seal of which the courts shall take judicial notice.
11 Del. C. § 9204 — Delaware Code / Title 11 / Chapter 92 / Section 9204
§ Â
        9204. Hearing â Scheduling; notice.
Status: in_force

In the event an officer is entitled to a hearing, a hearing shall be scheduled within a reasonable period of time from the alleged incident, but in no event more than 45 days following the conclusion of the internal investigation, unless waived in writing by the charged officer. The officer shall be given written notice of the time and place of the hearing and the issues involved, including a specification of the actual facts that the officer is charged with having committed; a statement of the rule, regulation or order that those facts are alleged to violate; and a copy of the rule, regulation or order. The charge against the law-enforcement officer shall advise the officer of the alleged facts and that the violation of the rule constituted a basis for discipline, and shall specify the range of applicable penalties that could be imposed.
11 Del. C. § 2504 — Delaware Code / Title 11 / Chapter 25 / Subchapter I / Section 2504
§ Â
        2504. Investigation by Governor.
Status: in_force

When a demand is made upon the Governor of this State by the executive authority of another state for the surrender of a person so charged with crime, the Governor may call upon the Attorney General or any prosecuting officer in this State to investigate or assist in investigating the demand, and to report to the Governor the situation and circumstances of the person so demanded, and whether the person ought to be surrendered.
11 Del. C. § 8581 — Delaware Code / Title 11 / Chapter 85 / Subchapter VII / Section 8581
§ Â
        8581. Establishment of the Delaware Gold Alert Program.
Status: in_force

(a) Each investigating law-enforcement agency shall implement an alert program, consistent with the ACIM Alert Program, for missing senior citizens, missing suicidal persons, missing persons with disabilities, and missing children, and may promulgate necessary rules and regulations for the program. The rules and regulations shall include the following:

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

(2) Procedures for the investigating law-enforcement agency to use to verify whether a senior citizen, a suicidal person, a person with a disability, or a missing child is missing and the circumstances under which the agency must enter descriptive information of the missing person into the Delaware Criminal Justice Information System (DELJIS) and the National Crime Information Center (NCIC) system. The investigating law-enforcement agency shall further notify DIAC, who shall make all the necessary notifications and assist the investigating law-enforcement agency.

(3) The process for reporting the information to designated media outlets in Delaware.

(b) The Delaware State Police shall adopt rules and regulations for the use of DIAC 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 the missing person.
11 Del. C. § 8367 — Delaware Code / Title 11 / Chapter 83 / Subchapter III / Section 8367
§ Â
        8367. Payment of disability pension.
Status: repealed

(a) Disability pension payments shall be made to a 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 ceases to be eligible or dies.

(b) [Repealed.]

(c) If a member who is initially determined to be totally disabled recovers, yet is still partially disabled, the total disability pension shall be reduced to a partial disability pension for as long as the member shall remain partially disabled.

(d) If a member who is disabled recovers and is no longer totally or partially disabled, the disability pension shall be discontinued unless:

(1) The member has reached normal retirement date; or

(2) In the case of a duty-connected disability, the member is not offered employment by the State in a position for which the member is suited by training and experience.

(e) A member aggrieved by the reclassification or termination of disability pension pursuant to subsection (c) or (d) of this section may appeal such decision to the Superior Court within 30 days of the day the decision is mailed. The appeal shall be on the record, without a trial de novo. The Court may remand the case to the Board for further proceedings on the record if the Court determines that the record is insufficient for review. When factual determinations are at issue, the Court’s review, in the absence of actual fraud, shall be limited to a determination of whether the Board’s decision is supported by substantial evidence in the record.
11 Del. C. § 6562A — Delaware Code / Title 11 / Chapter 65 / Subchapter VIII / Section 6562A
§ Â
        6562A. Furnishing contraband; penalty.
Status: in_force

Whoever furnishes to any person committed to the jurisdiction of the Department:

(1) Any intoxicating liquor or narcotic drug of any kind except as prescribed by a physician for medical treatment; or

(2) Any money without the knowledge and consent of the Department; or

(3) Any deadly weapon or part thereof, or any instrument or article which may be used to effect an escape,

shall be punished by fine or imprisonment, or both.
11 Del. C. § 910 — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 910
§ Â
        910. Debt adjusting; class B misdemeanor.
Status: in_force

A person is guilty of debt adjusting if the person makes a contract, either express or implied, with a particular debtor, whereby the debtor agrees to pay a certain amount of money periodically to the person engaged in the debt-adjusting business who shall, for a consideration, distribute the same among certain specified creditors in accordance with a plan agreed upon.

This section shall not apply to those situations involving debt adjusting incurred incidentally in the lawful practice of law in this State, nor shall anything in this section be construed to apply to any provider which is licensed under Chapter 24A of Title 6.

Debt adjusting is a class B misdemeanor.
11 Del. C. § 402 — Delaware Code / Title 11 / Chapter 4 / Section 402
§ Â
        402. Rules to prescribe procedures for psychiatric examination; testimony of psychiatrist or other expert.
Status: in_force

(a) The procedures for examination of the accused by the accused’s own psychiatrist or by a psychiatrist employed by the State and the circumstances under which such an examination will be permitted may be prescribed by rules of the court having jurisdiction over the offense.

(b) A psychiatrist or other expert testifying at trial concerning the mental condition of the accused shall be permitted to make a statement as to the nature of the examination, the psychiatrist’s or expert’s diagnosis of the mental condition of the accused at the time of the commission of the offense charged and the psychiatrist’s or expert’s opinion as to the extent, if any, to which the capacity of the accused to appreciate the wrongfulness of the accused’s conduct or to choose whether the accused would do the act or refrain from doing it or to have a particular state of mind which is an element of the offense charged was impaired as a result of mental illness or serious mental disorder at that time. The psychiatrist or expert shall be permitted to make any explanation reasonably serving to clarify the diagnosis and opinion and may be cross-examined as to any matter bearing on the psychiatrist’s or expert’s competence or credibility or the validity of the diagnosis or opinion.
11 Del. C. § 8812 — Delaware Code / Title 11 / Chapter 88 / Section 8812
§ Â
        8812. Retirement option.
Status: in_force

When the member applies for a pension, the member shall choose either a unified pension or an ordinary pension.
11 Del. C. § 1305 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1305
§ Â
        1305. Desecration; class A misdemeanor.
Status: in_force

(a) A person is guilty of desecration if the person attempts or does intentionally deface, damage, pollute or otherwise physically mistreat any of the following:

(1) A burial place.

(2) A public monument or structure.

(3) A place of worship or place primarily used for religious purposes.

(4) A school, educational institution, or community center.

(b) (1) Any person who commits desecration of a burial place is guilty of a class A misdemeanor and upon conviction the court may impose a fine of up to $2,300.

(2) Any person who commits desecration under paragraph (a)(2) through (a)(4) of this section is guilty of a class A misdemeanor.

(3) The penalty for a violation of this section may include restitution and 250 hours of community service.

(c) The Superior Court has exclusive jurisdiction over a violation of this section.
11 Del. C. § 1413 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1413
§ Â
        1413. Exemption for operations of lottery under State control.
Status: in_force

The sale, lease, transport, ownership, possession, exhibition, manufacture, servicing, marketing or use of a video lottery machine, sports lottery machine, table game equipment or any equipment, supplies, information or data in connection with the operations of a lottery under State control (including the operations of a video lottery agent in accordance with Chapter 48 of Title 29) shall not be a violation of §§ 1401-1412 of this title.
11 Del. C. § 777 — Delaware Code / Title 11 / Chapter 5 / Subchapter II / Section 777
§ Â
        777. Dangerous crime against a child, definitions, sentences.
Status: in_force

(a) A “dangerous crime against a child” means any criminal sexual conduct against a minor under the age of 14 years as defined in §§ 770-773, § 777A, §§ 778 through 778A, or §§ 1108 through 1112B of this title. For purposes of this section only, and § 762(a) of this title to the contrary notwithstanding, the defendant may use as an affirmative defense that the defendant believed that the victim of the crime was over the age of 16 years of age.

(b) Except as otherwise provided in this title, a person who is at least 18 years of age, or who has been tried as an adult and who is convicted of a dangerous crime against a child as defined in subsection (a) of this section, shall be guilty of a class B felony. For a second offense under this section, the Court shall impose a mandatory sentence of life imprisonment.

(c) A person sentenced pursuant to this section shall not be eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the sentence imposed by the Court has been served.
11 Del. C. § 8508 — Delaware Code / Title 11 / Chapter 85 / Subchapter I / Section 8508
§ Â
        8508. Information to be supplied by court officials.
Status: in_force

Every court of this State or of any political subdivision thereof having original or appellate jurisdiction over indictable offenses, or over such nonindictable offenses as are herein mentioned, shall transmit to the Bureau in such manner as the Director shall designate such information regarding every indictment, information, petitions or complaints of delinquency, or other formal criminal charge, and every change in release status, disposition and sentencing made thereof within 90 days of said action.
11 Del. C. § 8541 — Delaware Code / Title 11 / Chapter 85 / Subchapter III / Section 8541
§ Â
        8541. Established.
Status: in_force

The Missing Children Information Clearinghouse, hereinafter referred to as “Clearinghouse,” is created within the State Bureau of Identification. The Clearinghouse is established as a central repository of information regarding missing children. Such information shall be collected and disseminated to assist in the location of missing children. The Director of the State Bureau of Identification shall establish services deemed appropriate by the Superintendent of State Police to aid in the location of missing children.
11 Del. C. § 8572 — Delaware Code / Title 11 / Chapter 85 / Subchapter VI / Section 8572
§ Â
        8572. SBI as point of contact for NICS, entity to conduct required background checks.
Status: in_force

(a) (1) The SBI shall serve as the NICS POC for this State.

(2) Except as provided by other laws of this State, SBI’s NICS POC operations are governed by and shall strictly adhere to 28 C.F.R. Part 25 and the NICS POC Guidelines.

(b) The SBI shall conduct background checks required for the lawful sale, transfer, or delivery of firearms under federal law and the law of this State, including under §§ 1448A and 1448B of this title, that occur within this State.

(c) (1) The SBI shall establish a toll-free telephone number that must be operational between the hours of 9:00 a.m. and 9:00 p.m. local time, Monday through Saturday, and 9:00 a.m. and 5:00 p.m. local time, Sunday, to respond to inquiries from FFLs for background checks required under subsection (b) of this section. The SBI may establish another electronic means to respond to inquiries from FFLs for background checks required under subsection (b) of this section in addition to a toll-free telephone number.

(2) Notwithstanding paragraph (c)(1) of this section, the telephone number may, but need not be, operational on Thanksgiving Day, Christmas Day, Good Friday, or on Easter Sunday.

(3) The SBI shall employ and maintain personnel as necessary to effectively and efficiently administer this subchapter and to otherwise effectively serve as this State’s federal NICS POC.

(d) On receipt of a request for a background check required under paragraph (c)(1) of this section, SBI shall do all of the following:

(1) Transmit a request for a background check to the Federal Bureau of Investigation, NICS Section, and search other available databases to determine if the potential buyer or transferee is prohibited from receipt or possession of a firearm under § 1448 of this title or federal law.

(2) After receipt of a response from the Federal Bureau of Investigation, NICS Section, and the completion of its search of other available databases, inform the FFL making the inquiry of 1 of the following:

a. That the potential buyer or transferee is prohibited from receipt or possession of a firearm under § 1448 of this title or federal law.

b. That the FFL may proceed with the sale, transfer, or delivery of the firearm may proceed with the process for issuing a license to carry concealed deadly weapons. SBI shall provide the FFL with a unique approval number.

(e) If electronic failure or similar emergency beyond the control of the SBI occurs, the SBI shall immediately notify a requesting FFL of the reason for, and estimated length of, the delay. After a notification under this subsection, the SBI shall inform the FFL making the inquiry of 1 of the following no later than the end of the third business day following a request for a background check by the FFL:

(1) That the potential buyer or transferee is prohibited from receipt or possession of a firearm under § 1448 of this title or federal law.

(2) That the FFL may proceed with the sale, transfer, or delivery of the firearm. SBI shall provide the FFL with a unique approval number.

(f) The SBI may promulgate regulations necessary to administer and enforce this section.
11 Del. C. § 406 — Delaware Code / Title 11 / Chapter 4 / Section 406
§ Â
        406. Transfer of convicted persons becoming mentally disabled from prison to Delaware Psychiatric Center; appointment of physicians to conduct inquiry; expenses of transfer.
Status: in_force

(a) Whenever in any case it appears to the Superior Court, upon information received from the Department of Health and Social Services, that a prisoner confined with the Department has developed a mental illness after conviction and sentence, the Court may appoint 2 reputable practicing physicians to inquire of the mental condition of the prisoner and make report of their finding to the Court within 2 days from the date of their appointment, by writing under their hands and seals. Should the report of the physicians be that the prisoner has a mental illness, the prisoner shall at once be ordered by the Court transferred from the prison facility where the prisoner is confined to the Delaware Psychiatric Center.

(b) The expenses of the removal of such a person with a mental illness and of admission into such Psychiatric Center and maintenance therein up and until the time the person is discharged by the Court shall be borne by the State. If any such person with a mental illness has any real or personal estate, the Department of Health and Social Services shall have for the expenses and charges so incurred the same remedy as is provided in § 5019 of Title 16.
11 Del. C. § 900 — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 900
§ Â
        900. Issuing a bad check; class A misdemeanor; class G felony.
Status: in_force

(a) A person is guilty of issuing a bad check when the person issues or passes a check knowing that it will not be honored by the drawee. For the purpose of this section, as well as in any prosecution for theft committed by means of a bad check, it is prima facie evidence of knowledge that the check (other than a postdated check) would not be honored that:

(1) The issuer had no account with the drawee at the time the check was issued; or

(2) Payment was refused by the drawee upon presentation because the issuer had insufficient funds or credit, and the issuer failed to make good within 10 days after receiving notice of that refusal.

Issuing a bad check is a class A misdemeanor unless the amount of the check is $1,500 or more, in which case it is a class G felony.

(b) The failure of any business or other commercial entity, prior to the completion of a transaction (other than a transaction by mail) for which a check is accepted in person by the payee as consideration for goods or services provided by the payee, to:

(1) Request and inspect the person’s valid driver’s license or other photo identification card, which lists the person’s name, address, date of birth and approximate height and weight, to validate the identity of the person presenting the check; and

(2) Record on the check being presented the person’s name, driver’s license number, if such person has a driver’s license, date of birth and address,

may result in the refusal of a law-enforcement agency to investigate violations of subsection (a) of this section.
11 Del. C. § 8322 — Delaware Code / Title 11 / Chapter 83 / Subchapter II / Section 8322
§ Â
        8322. Police Retirement Fund.
Status: in_force

The Police Retirement Fund, hereafter in this subchapter referred to as “Fund,” shall be created in the following manner:

All rewards offered for any particular service, when otherwise payable to any member of the State Police, shall be paid to the Secretary of Finance and shall be credited by the Secretary to the account of the Fund. Also there shall be deducted each month from the monthly payroll of each member of the State Police 5 percent of the amount of the member’s salary and such amount shall be paid to the Secretary of Finance and shall be credited by the Secretary to the account of the Fund; provided, however, that for any member of the State Police who has completed 20 years of credited service and who was hired before July 1, 1980, and for any member of the State Police who has completed 25 years of credited service and who was hired after July 1, 1980, as defined in this chapter, there shall be deducted from the monthly payroll of each such member of the State Police 2 percent of the amount of the member’s salary and such amount shall be paid to the Secretary of Finance and shall be credited by the Secretary to the account of the Fund. At the same time, the Secretary of Finance shall transfer from the funds of the Department of Safety and Homeland Security and credit to the Fund, each month, a sum equivalent to 5 percent of the amount of the monthly payroll of all of the members of the State Police. If at any time there shall be insufficient money in the Fund for the purposes of this subchapter, the Secretary of Finance shall transfer from the funds of the Department of Safety and Homeland Security sufficient money to make up any such deficiency. No money shall be paid out of the Fund thus created, except for the purposes of this subchapter and on warrants of the Board of Pension Trustees. The assets of the Fund will be commingled in the Delaware Public Employees’ Retirement System as provided for by § 8308 of Title 29. Effective July 1, 1997, employee pension contributions made pursuant to this section shall not be subject to adjustment or recovery after the expiration of 3 full calendar years from December 31 of the year in which the contributions were made unless no contributions were paid during that calendar year.