11 Del. C. § 1301 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1301
§ Â
        1301. Disorderly conduct; unclassified misdemeanor.
Status: in_force

(a) A person is guilty of disorderly conduct when any of the following apply:

(1) The person intentionally causes public inconvenience, annoyance or alarm to any other person, or creates a risk thereof by:

a. Engaging in fighting or in violent, tumultuous or threatening behavior; or

b. Making an unreasonable noise or an offensively coarse utterance, gesture or display, or addressing abusive language to any person present; or

c. Disturbing any lawful assembly or meeting of persons without lawful authority; or

d. Obstructing vehicular or pedestrian traffic; or

e. Congregating with other persons in a public place and refusing to comply with a lawful order of the police to disperse; or

f. Creating a hazardous or physically offensive condition which serves no legitimate purpose; or

g. Congregating with other persons in a public place while wearing masks, hoods or other garments rendering their faces unrecognizable, for the purpose of and in a manner likely to imminently subject any person to the deprivation of any rights, privileges or immunities secured by the Constitution or laws of the United States of America.

(2) The person engages with at least 1 other person in a course of disorderly conduct as defined in paragraph (a)(1) of this section which is likely to cause substantial harm or serious inconvenience, annoyance or alarm, and refuses or knowingly fails to obey an order to disperse made by a peace officer to the participants.

(3) The person intentionally interferes with the operation of a school bus if both of the following apply:

a. The school bus is transporting, picking up, or dropping off students.

b. The person does any of the following:

1. Boards the school bus and refuses to exit after being lawfully ordered to exit by the school bus driver or bus attendant.

2. Wrongfully restricts the movement of the school bus.

3. Threatens the school bus driver or a school bus passenger, including when the school bus driver or the school bus passenger is entering, leaving, or waiting for the school bus. For purposes of this paragraph (a)(3)b.3., a statement that a person plans to hire an attorney, seek a legal remedy, or inform others about concerns, is not a threat.

(b) Disorderly conduct is an unclassified misdemeanor.

(c) A passenger, including a student, authorized to be on the school bus in the ordinary course of business may not be guilty of disorderly conduct for a violation of paragraph (a)(3) of this section.

(d) (1) A parent of a student with an individualized education program (IEP) under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq., or a § 504 plan under § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, does not violate paragraphs (a)(3)b.1. and (a)(3)b.2. of this section if they are addressing a health or safety concern involving their student in a manner that is safe for the other occupants of the school bus.

(2) For purposes of this subsection, “parent” means as defined in § 3101 of Title 14, if the student satisfies the definition of “child with a disability” under § 3101 of Title 14. Otherwise, “parent” means as defined in § 401A of Title 14.
11 Del. C. § 779- 779A — Delaware Code / Title 11 / Chapter 5 / Subchapter II / Section 779- 779A
§ ÂÂ
        779, 779A.  Dangerous crime against a child, definitions, sentences; sex offender unlawful conduct against a child [Transferred].
Status: in_force

Transferred to §§ 777 and 777A of this title by 77 Del. Laws, c. 318, § 6, effective June 30, 2010.
11 Del. C. § 6708 — Delaware Code / Title 11 / Chapter 67 / Section 6708
§ Â
        6708. Evaluation of program participants.
Status: in_force

Each participant shall be evaluated by members of the boot camp staff on a continual basis throughout the period of such person’s participation in the program. Such evaluation shall include the participant’s performance within the program, the likelihood of successful adjustment after release, and such other matters which the boot camp staff deems relevant or important.
11 Del. C. § 829 — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 829
§ Â
        829. Definitions relating to criminal trespass, burglary and home invasion.
Status: in_force

(a) “Burglar’s tool or instruments” includes the term “bump key” which is a type of key used for a specific lock picking technique called lock bumping.

(b) “Dwelling” means a building which is usually occupied by a person lodging therein at night including a building that has been adapted or is customarily used for overnight accommodation.

(c) “Occupied dwelling” means a dwelling, and a person is lawfully present on the property at the time of the offense.

(d) A person “enters” upon premises when the person introduces any body part or any part of any instrument, by whatever means, into or upon the premises.

(e) A person “enters or remains unlawfully” in or upon premises when the person is not licensed or privileged to do so. A person who, regardless of intent, enters or remains upon premises which appear at the time to be open to the public does so with license and privilege unless the person defies a lawful order not to enter or remain, personally communicated by the owner of the premises or another authorized person. A license or privilege to enter or remain in a building which is only partly open to the public is not a license or privilege to enter or remain in that part of the building which is not open to the public.

(f) The “intent to commit a crime therein” may be formed prior to the unlawful entry, be concurrent with the unlawful entry or such intent may be formed after the entry while the person remains unlawfully.

(g) “Night” means a period between 30 minutes after sunset and 30 minutes before sunrise.

(h) “Premises” include the term “building” as defined in § 222 of this title, and any real property.

(i) “Security device” includes any lock, whether mechanical or electronic; or any warning device designed to alert a person or the general public of a possible attempt to gain unlawful entry into or upon premises or a possible attempt to unlock, bypass or otherwise disable a lock.

(j) A person possesses burglar tools or instruments facilitating theft “under circumstances evincing an intent to use or knowledge that some other person intends to use” such when the person possesses the tools or instruments at a time and a place proximate to the commission or attempt to commit a trespass, burglary, home invasion, or theft-related offense or otherwise under circumstances not manifestly appropriate for what lawful uses the tools or instruments may have.
11 Del. C. § 1224 — Delaware Code / Title 11 / Chapter 5 / Subchapter VI / Section 1224
§ Â
        1224. Definition of âswears falsely.â
Status: in_force

A person “swears falsely” when the person intentionally makes a false statement or affirms the truth of a false statement previously made, knowing it to be false or not believing it to be true, while giving testimony or under oath in a written instrument or in an unsworn declaration made pursuant to Chapter 53A of Title 10 or § 3927 of Title 10. A false swearing in a written instrument is not complete until the instrument is delivered by its maker, or by someone acting in the maker’s behalf to another person with intent that it be uttered or published as true. A person who gives an oral and/or written statement while granted the privilege of the floor during a session of the House of Representatives or Senate of the General Assembly, whether or not that person is under oath, gives testimony within the scope of this section.
11 Del. C. § 2108 — Delaware Code / Title 11 / Chapter 21 / Section 2108
§ Â
        2108. Conditions for release [Effective until July 1, 2026].
Status: in_force

(a) In addition to the mandatory conditions set forth in § 2104(b) of this title, in connection with any form of bail for a defendant the court may also impose 1 or more of the following conditions:

(1) Place the defendant in the custody of a designated person or organization agreeing to supervise the defendant;

(2) Place the defendant under the supervision of a presentence or probation officer;

(3) Place restrictions on the travel, associations, activities, consumption of alcoholic beverages, drugs or barbiturates, or place of abode of the defendant during the period of release;

(4) Require the defendant to have no contact or restricted contact with the victim, the victim’s family, victim’s residence, place of employment, school or location of offense;

(5) Require periodic reports from the defendant to an appropriate agent or officer of the court including the attorney for the defendant;

(6) Require psychiatric or medical treatment of the defendant;

(7) Require the defendant to provide suitable support for the defendant’s family under supervision of an officer of the court or the Family Court, with the consent of the Family Court;

(8) Require a defendant who has been convicted to duly prosecute any post-conviction remedies or appeals; and if the case is affirmed or reversed and remanded, such defendant shall forthwith surrender to the Court;

(9) Impose any other condition deemed reasonably necessary to assure appearance as required and to carry out the purpose of this chapter.

(b) In connection with any form of bail for a defendant charged with any crime involving child sexual abuse or exploitation, the court shall also impose a condition that the defendant have no contact with children, except upon good cause shown, and as otherwise provided by the court, and that such condition remain in full force and effect until a nolle prosequi is filed, the case is dismissed or an adjudication of not guilty is returned, whichever shall first occur, or if the defendant is adjudicated guilty by way of a plea of guilty or a conviction by court or jury, at the time of sentencing, unless further made a condition of probation by the sentencing judge.

(c) In connection with any form of bail for a defendant charged with a violation of § 4177 of Title 21 which is alleged to be punishable as a felony pursuant to that section, the court shall impose a condition that the defendant not drive a vehicle, as defined by that section, until a nolle prosequi is filed, the case is dismissed or an adjudication of not guilty is returned, whichever shall first occur, or if the defendant is adjudicated guilty by way of plea of guilty or a conviction by court or jury, at the time of sentencing, unless further made a condition of probation by the sentencing judge.(a) In addition to the mandatory conditions set forth in § 2104(b) of this title, in connection with any form of bail for a defendant the court may also impose 1 or more of the following conditions:

(1) Place the defendant in the custody of a designated person or organization agreeing to supervise the defendant;

(2) Place the defendant under the supervision of a presentence or probation officer;

(3) Place restrictions on the travel, associations, activities, consumption of alcoholic beverages, drugs or barbiturates, or place of abode of the defendant during the period of release;

(4) Require the defendant to have no contact or restricted contact with the victim, the victim’s family, victim’s residence, place of employment, school or location of offense;

(5) Require periodic reports from the defendant to an appropriate agent or officer of the court including the attorney for the defendant;

(6) Require psychiatric or medical treatment of the defendant;

(7) Require the defendant to provide suitable support for the defendant’s family under supervision of an officer of the court or the Family Court, with the consent of the Family Court;

(8) Require a defendant who has been convicted to duly prosecute any post-conviction remedies or appeals; and if the case is affirmed or reversed and remanded, such defendant shall forthwith surrender to the Court;

(9) Impose any other condition deemed reasonably necessary to assure appearance as required and to carry out the purpose of this chapter.

(b) In connection with any form of bail for a defendant charged with any crime involving child sexual abuse or exploitation, the court shall also impose a condition that the defendant have no contact with children, except upon good cause shown, and as otherwise provided by the court, and that such condition remain in full force and effect until a nolle prosequi is filed, the case is dismissed or an adjudication of not guilty is returned, whichever shall first occur, or if thedefendant is adjudicated guilty by way of a plea of guilty or a conviction by court or jury, at the time of sentencing, unless further made a condition of probation by the sentencing judge.

(c) In connection with any form of bail for a defendant charged with a violation of § 4177 of Title 21 which is alleged to be punishable as a felony pursuant to that section, the court shall impose a condition that the defendant not drive a vehicle, as defined by that section, until a nolle prosequi is filed, the case is dismissed or an adjudication of not guilty is returned, whichever shall first occur, or if the defendant is adjudicated guilty by way of plea of guilty or a conviction by court or jury, at the time of sentencing, unless further made a condition of probation by the sentencing judge.

(d) (1) In connection with any form of bail for a defendant charged with an offense listed in § 2116(b) of this title, the court shall impose a condition that the defendant relinquish any firearm in the defendant’s possession and that the defendant not possess or control any firearm.

(2) Unless the condition imposed under paragraph (d)(1) of this section is further required by law or is made a condition of the defendant’s sentence by the sentencing judge, the court shall state that the condition imposed under paragraph (d)(1) of this section only remains in effect until 1 of the following:

a. A nolle prosequi is filed, the case is dismissed, or an adjudication of not guilty is returned, whichever first occurs.

b. If the defendant is adjudicated guilty by way of a plea of guilty or a conviction by court or jury, at the time of sentencing.
11 Del. C. § 8328 — Delaware Code / Title 11 / Chapter 83 / Subchapter II / Section 8328
§ Â
        8328. Adjustment of benefits.
Status: in_force

(a) On and after July 1, 1972, no pension which has been in effect for 3 years shall be subject to adjustment. This provision shall not apply to adjustments of pensions required to implement subsection (b) of this section.

(b) Effective September 1, 1972, the amount of any pension in effect on July 1, 1969, shall be the greater of: (1) The monthly pension rate paid in July, 1969, or (2) the recalculated amount determined as a result of audits made between May, 1971, and June 30, 1972, inclusive of any increases provided between July 1, 1969, and June 30, 1972, provided that the minimum pension payable for any month after July, 1969, shall be the monthly pension rate paid in July, 1969.

(c) Any pension overpayments discovered as a result of audits made between May, 1971, and June 30, 1972, shall not be subject to recovery.
11 Del. C. § 9021 — Delaware Code / Title 11 / Chapter 90 / Section 9021
§ Â
        9021. Persons to whom chapter applicable.
Status: in_force

This chapter shall apply to:

(1) All persons, including nonresidents of Delaware, who are victims of crimes committed on January 1, 1975, or thereafter within this State; and

(2) All Delaware residents and domiciliaries who are victims of terrorist acts.
11 Del. C. § 607 — Delaware Code / Title 11 / Chapter 5 / Subchapter II / Section 607
§ Â
        607. Strangulation or suffocation; class B or D felony; penalty; affirmative defense.
Status: repealed

(a) (1) A person commits the offense of strangulation if the person knowingly or intentionally impedes the normal breathing or circulation of the blood of another person by applying pressure on the throat or neck of the other person.

(2) A person commits the offense of suffocation if the person knowingly or intentionally prevents another person from breathing by blocking or obstructing the nose or mouth of the other person.

(b) (1) Except as provided in paragraph (b)(2) of this section, strangulation or suffocation is a class D felony.

(2) Strangulation or suffocation is a class B felony if:

a. The person used or attempted to use a dangerous instrument or a deadly weapon while committing the offense; or

b. The person caused serious physical injury to the other person while committing the offense; or

c. [Repealed]

d. The person was subject to an existing court order prohibiting contact with the victim at the time of the offense; or

e. The person committed the offense against a pregnant female; or

f. The person committed the offense against a child.

(c) Notwithstanding any provisions of this Code to the contrary, any person who commits an offense under subsection (a) of this section within 5 years of a prior conviction under either subsection (a) or (b) of this section or a substantially similar section of another state, shall receive a minimum sentence of 1 year at Level 5.

(d) The absence of visible bodily injury shall not preclude a conviction under this section.

(e) It is an affirmative defense that an act constituting strangulation was the result of a legitimate medical procedure.
11 Del. C. § 1457C — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1457C
§ Â
        1457C. Possession of firearm in a college or university safe zone; class A misdemeanor.
Status: in_force

(a) As used in this section:

(1) a. “College or university safe zone” means all of the following:

1. Any building, structure, athletic field, sports stadium or real property owned, operated, leased, or rented by any public or private college or university.

2. Any motor vehicle owned, operated, leased, or rented by any public or private college or university.

b. “College or university safe zone” does not include state or locally owned or maintained roads, streets, and pedestrian routes and bike paths pertaining to those roads or streets, running through or adjacent to premises or property owned, operated, or controlled by any public or private college or university, which are open full time to public vehicular traffic.

(2) “Commissioned security guard” means as defined in § 1302 of Title 24.

(3) “Constable” means a person licensed under Chapter 56 of Title 24.

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

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

(6) “Qualified law-enforcement officer” means as defined in § 1441A of this title.

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

(b) Any person who knowingly possesses a firearm while in or on a college or university safe zone is guilty of the crime of possession of a firearm in a college or university safe zone.

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

(1) A police officer.

(2) A qualified law-enforcement officer who is acting in an official capacity.

(3) A constable or commissioned security guard employed by a college or university who is acting in an official capacity.

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

(5) A holder of a valid license to carry concealed deadly weapons under § 1441 of this title but only if the firearm is in a vehicle.

(6) An employee of the Department of Services for Children, Youth, and Their Families who is authorized by the Secretary of the Department to carry a firearm, while acting in the employee’s official capacity.

(7) A probation and parole officer acting within the officer’s official capacity.

(8) A qualified retired law-enforcement officer.

(9) An individual who has written authorization to possess a firearm from the college or university administration or a designated representative of the college or university administration.

(d) Subsection (b) of this section does not apply to possession of a firearm in the following circumstances:

(1) Possession of a firearm if the firearm is in a locked container or locked firearms rack that is in or on a motor vehicle.

(2) When engaged in lawful hunting, firearm instruction, or firearm-related sports at a time, place, and manner authorized by a college or university.

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

(f) The Superior Court has jurisdiction of an offense under this section.
11 Del. C. § 801 — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 801
§ Â
        801. Arson in the third degree; affirmative defense; class G felony.
Status: in_force

(a) A person is guilty of arson in the third degree when the person recklessly damages a building by intentionally starting a fire or causing an explosion.

(b) In any prosecution under this section it is an affirmative defense that no person other than the accused had a possessory or proprietary interest in the building.

Arson in the third degree is a class G felony.
11 Del. C. § 8524 — Delaware Code / Title 11 / Chapter 85 / Subchapter I / Section 8524
§ Â
        8524. Admissible evidence.
Status: in_force

Nothing in this subchapter, or amendments adopted pursuant thereto, shall provide the basis for exclusion or suppression of otherwise admissible evidence in any proceeding before a court, or other official body empowered to subpoena such evidence.
11 Del. C. § 1471 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1471
§ Â
        1471. Prohibited acts.
Status: in_force

(a) It shall be unlawful for any person to use a cheating device in a video lottery machine or at a table game or to have possession of such a device in a video lottery facility, including its parking areas and/or adjacent facilities.

(b) It shall be unlawful for any person to possess, use or have paraphernalia for manufacturing cheating devices.

(c) It shall be unlawful for any person to cheat in order to collect or take or attempt to cheat in order to collect or take money or anything of value, for themselves or for another, in or from a video lottery machine or a table game in a video lottery facility, including its parking areas and/or adjacent facilities.

(d) It shall be unlawful for any person to manipulate or alter, with the intent to cheat, any physical, mechanical, electromechanical, electronic, or computerized component of a video lottery machine or of a table game, contrary to the designed and normal operational purpose for the component, including, but not limited to, varying the pull of the handle of a video lottery machine, knowing that the manipulation can or could affect the outcome of the game.

(e) It shall be unlawful for any person to use, sell or possess counterfeit slugs, counterfeit tokens, counterfeit gaming chips, counterfeit debit instruments or other counterfeit wagering instruments or any other counterfeit device resembling tokens, gaming chips, debit or other wagering instruments approved by the State Lottery Office for use in a video lottery machine or at a table game in a video lottery facility, including its parking areas and/or adjacent facilities.

(f) It shall be unlawful for any person to place, increase or decrease a wager or to determine the course of play after acquiring knowledge, not available to all players, of the outcome of a table game or any event that affects the outcome of the game or which is the subject of the wager or to aid anyone in acquiring such knowledge for the purpose of placing, increasing or decreasing a wager or determining the course of play contingent upon that event or outcome.

(g) It shall be unlawful for any person to claim, collect or take, or attempt to claim, collect or take, money or anything of value in or from a video lottery machine or a table game, with intent to defraud, without having made a wager contingent thereon, or to claim, collect or take an amount greater than the amount won.

(h) It shall be unlawful for any employee or agent of a video lottery facility to knowingly fail to collect a losing wager or pay an amount greater on any wager than required under the rules of a table game.

(i) It shall be unlawful for any person to place or increase a wager or attempt to place or increase a wager after acquiring knowledge of the outcome of the table game or other event which is the subject of the wager.

(j) It shall be unlawful for any person to reduce the amount wagered or remove or cancel the wager or to attempt to reduce the amount wagered or remove or cancel the wager after acquiring knowledge of the outcome of the table game or other event which is the subject of the wager.

(k) It shall be unlawful for any person to directly or indirectly offer, confer or agree to confer to another, or solicit, accept or agree to accept from another, anything of value to anyone, for the purpose of influencing the outcome of a race, sporting event, contest or table game upon which a wager may be made, or to place, increase or decrease a wager after acquiring knowledge, not available to the general public, that anyone has been offered, promised or given anything of value for the purpose of influencing the outcome of the race, sporting event, contest or game upon which the wager is placed, increased or decreased.

(l) It shall be unlawful for any person at a video lottery facility, including its parking areas and/or adjacent facilities, without the written consent of the Delaware Lottery Director to use, or possess with the intent to use, any electronic, electrical or mechanical device that is designed, constructed or programmed to assist the user or another person:

(1) In projecting the outcome of a table game or video lottery machine;

(2) In keeping track of the cards played;

(3) In analyzing the probability of the occurrence of an event relating to the game; or

(4) In analyzing the strategy for playing or wagering to be used in the game.
11 Del. C. § 6601 — Delaware Code / Title 11 / Chapter 66 / Section 6601
§ Â
        6601. Findings and purposes.
Status: in_force

The General Assembly hereby finds that the physical restraint of persons in custody during pregnancy, labor, and recovery presents serious risks to the health and well-being of mother and baby. In most circumstances, the use of restraints is unnecessary and dangerous.
11 Del. C. § 1257 — Delaware Code / Title 11 / Chapter 5 / Subchapter VI / Section 1257
§ Â
        1257. Resisting arrest with force or violence, class G felony; resisting arrest, class A misdemeanor.
Status: in_force

(a) A person is guilty of resisting arrest with force or violence when:

(1) The person intentionally prevents or attempts to prevent a peace officer from effecting an arrest or detention of the person or another person by use of force or violence towards said peace officer; or

(2) The person intentionally flees from a peace officer, who is effecting an arrest or detention of the person, by use of force or violence towards said peace officer; or

(3) While a peace officer is effecting an arrest or detention of a person, the person causes physical injury to the peace officer. Resisting arrest with force or violence is a class G felony.

(b) A person is guilty of resisting arrest when the person intentionally prevents or attempts to prevent a peace officer from effecting an arrest or detention of the person or another person or intentionally flees from a peace officer who is effecting an arrest or detention of the person.

Resisting arrest is a class A misdemeanor.
11 Del. C. § 782 — Delaware Code / Title 11 / Chapter 5 / Subchapter II / Section 782
§ Â
        782. Unlawful imprisonment in the first degree; class G felony.
Status: in_force

A person is guilty of unlawful imprisonment in the first degree when the person knowingly and unlawfully restrains another person under circumstances which expose that person to the risk of serious physical injury.

Unlawful imprisonment in the first degree is a class G felony.
11 Del. C. § 1943 — Delaware Code / Title 11 / Chapter 19 / Subchapter III / Section 1943
§ Â
        1943. Use of police from other jurisdictions in emergencies.
Status: in_force

Whenever the necessity arises during an emergency, upon request, the police of one jurisdiction may, pursuant to this subchapter, lawfully enter into another jurisdiction for the purpose of assisting in meeting such emergency.
11 Del. C. § 1109 — Delaware Code / Title 11 / Chapter 5 / Subchapter V / Section 1109
§ Â
        1109. Dealing in child pornography; class B or D felony.
Status: in_force

A person is guilty of dealing in child pornography when:

(1) The person knowingly ships, transmits, mails or transports by any means, including by computer or any other electronic or digital method, any book, magazine, periodical, pamphlet, video or film depicting a child engaging in a prohibited sexual act or in the simulation of such an act, or knowingly ships, transmits, mails or transports by any means, including by computer or any other electronic or digital method, any other visual depiction of a child engaging in a prohibited sexual act or in the simulation of such an act;

(2) The person knowingly receives for the purpose of selling or sells any magazine, photograph or film which depicts a child engaging in a prohibited sexual act or in the simulation of such an act, or knowingly receives for the purpose of selling or sells any other visual depiction of a child engaging in a prohibited sexual act or in the simulation of such an act;

(3) The person knowingly distributes or disseminates, by means of computer or any other electronic or digital method, or by shows or viewings, any motion picture, video or other visual depiction of a child engaging in a prohibited sexual act or the simulation of such an act. The possession or showing of such motion pictures shall create a rebuttable presumption of ownership thereof for the purposes of distribution or dissemination;

(4) The person, intentionally compiles, enters, accesses, transmits, receives, exchanges, disseminates, stores, makes, prints, reproduces or otherwise possesses any photograph, image, file, data or other visual depiction of a child engaging in a prohibited sexual act or in the simulation of such an act. For the purposes of this subsection, conduct occurring outside the State shall be sufficient to constitute this offense if such conduct is within the terms of § 204 of this title, or if such photograph, image, file or data was compiled, entered, accessed, transmitted, received, exchanged, disseminated, stored, made, printed, reproduced or otherwise possessed by, through or with any computer located within Delaware and the person was aware of circumstances which rendered the presence of such computer within Delaware a reasonable possibility; or

(5) The person knowingly advertises, promotes, presents, describes, transmits or distributes any visual depiction, exhibition, display or performance with intent to create or convey the impression that such visual depiction, exhibition, display or performance is or contains a depiction of a child engaging in a prohibited sexual act or in the simulation of such an act.

Unlawfully dealing in child pornography is a class B felony unless the prohibited sex act is “partial nudity” as defined in § 1100 of this title, then it is a class D felony.
11 Del. C. § 9802 — Delaware Code / Title 11 / Chapter 98 / Section 9802
§ Â
        9802. Voluntary Firearms Do-Not-Sell Registry [For application of this section, see 84 Del. Laws, c. 372, Ââ3].
Status: in_force

(a) The Superintendent of the Delaware State Police shall create a Voluntary Firearms Do-Not-Sell Registry in which an applicant may voluntarily enroll for the purpose of being prohibited from purchasing a firearm. No person may knowingly sell or transfer a firearm to an individual enrolled on the Registry.

(b) The Superintendent shall develop a process and forms for inclusion on, and removal from, the Registry to be maintained by the Delaware State Police within DELJIS. The Superintendent must make the forms for inclusion and removal available by download through the Delaware State Police website and require the applicant to provide, at a minimum, the following information:

(1) Name.

(2) Address.

(3) Date of birth.

(4) Other contact information specified by the Superintendent.

(5) Signature of applicant.

(c) The form for inclusion onto the Registry shall inform the applicant of the process for removal from the Registry.

(d) An applicant requesting inclusion onto the Registry shall deliver the completed form in person to a law-enforcement agency.

(1) The law-enforcement agency shall verify the applicant’s identity before accepting the form and may not accept a form from someone other than the applicant named in the form.

(2) Upon receipt of the application and verification of the applicant’s identity, the law-enforcement agency must add the applicant’s name to the Registry via DELJIS within 12 hours.

(e) An individual who is added to the Registry may not request removal from the Registry unless the individual has been on the Registry for at least 30 days.

(f) An individual requesting removal from the Registry shall deliver a completed removal form in person to any law-enforcement agency within the State. Once a law-enforcement agency receives a removal form, the law-enforcement agency must verify the individual’s identity and remove the individual from the Registry no sooner than 30 days after the law-enforcement agency receives the removal form.

(g) All forms and records created in accordance with this section are not public records under Delaware’s Freedom of Information Act [Chapter 100 of Title 29]. The Registry is subject to the same confidentiality protections that are given to information and records pertaining to the Firearm Transaction Approval Program under § 8573 of this title.

(h) All law-enforcement agency websites must post in a conspicuous place information about the Voluntary Firearms Do-Not-Sell Registry along with downloadable forms for inclusion and removal from the Registry.
11 Del. C. § 5301 — Delaware Code / Title 11 / Chapter 53 / Section 5301
§ Â
        5301. General provisions.
Status: in_force

(a) The accused shall have the right to trial by petit jury in all criminal cases except as otherwise provided by statute.

(b) The Court shall have the power to receive pleas of guilty from persons charged with misdemeanors and to impose sentence or probation according to law, as fully as is now done by the Superior Court.

(c) From any order, rule, decision, judgment or sentence of the Court in a criminal action, the accused shall have the right of appeal to the Superior Court in and for the county wherein the information was filed as provided in § 28, article IV of the Constitution of the State. Such appeal to the Superior Court shall be reviewed on the record and shall not be tried de novo.
11 Del. C. § 626 — Delaware Code / Title 11 / Chapter 5 / Subchapter II / Section 626
§ Â
        626. Unlawfully administering controlled substance or counterfeit substance or narcotic drugs; class G felony.
Status: in_force

A person is guilty of unlawfully administering a controlled substance or counterfeit substance or narcotic drugs when, for a purpose other than lawful medical or therapeutic treatment, the person intentionally introduces or causes introduction into the body of another person, without consent, a controlled substance or counterfeit substance or narcotic drug.

Unlawfully administering controlled substance or counterfeit substance or narcotic drugs is a class G felony.
11 Del. C. § 9008 — Delaware Code / Title 11 / Chapter 90 / Section 9008
§ Â
        9008. Function of the Appeals Board.
Status: in_force

(a) The Appeals Board has the power and authority to meet and function in any place within the State.

(b) The Appeals Board has the power and authority to affirm, reverse, or modify the Agency’s claims decisions under the provisions of § 9012 of this title.
11 Del. C. § 1264 — Delaware Code / Title 11 / Chapter 5 / Subchapter VI / Section 1264
§ Â
        1264. Bribing a juror; class E felony.
Status: in_force

A person is guilty of bribing a juror when the person offers, confers or agrees to confer any benefit upon a juror upon an agreement or understanding that the juror’s vote, opinion, judgment, decision or other action as a juror will thereby be influenced.

Bribing a juror is a class E felony.
11 Del. C. § 8585 — Delaware Code / Title 11 / Chapter 85 / Subchapter VIII / Section 8585
§ Â
        8585. Establishment of the Delaware Blue Alert Program.
Status: in_force

Each investigating law-enforcement agency shall implement an alert program, consistent with the ACIM Alert Program and the Gold Alert Program, for the apprehension of persons suspected of killing or seriously injuring law-enforcement officers, and may promulgate necessary rules and regulations for implementing the program. The rules and regulations shall include the following:

(1) Procedures for the use of the Delaware Information Analysis Center to provide support to the investigating law-enforcement agency as a resource for the receipt, analysis, and dissemination of information regarding the suspect and the suspect’s whereabouts and/or method of escape;

(2) The process for reporting the information to designated media outlets in Delaware; and

(3) Procedures for the investigating law-enforcement agency to determine quickly whether an officer has been “seriously injured or killed” and a Blue Alert therefore needs to be activated.
11 Del. C. § 772 — Delaware Code / Title 11 / Chapter 5 / Subchapter II / Section 772
§ Â
        772. Rape in the second degree; class B felony.
Status: repealed

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

(1) Intentionally engages in sexual intercourse with another person, and the intercourse occurs without the victim’s consent; or

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

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

b. The sexual penetration occurs without the victim’s consent, and was facilitated by or occurred during the course of the commission or attempted commission of:

1. Any felony; or

2. Any of the following misdemeanors: reckless endangering in the second degree; assault in the third degree; terroristic threatening; unlawfully administering drugs; unlawful imprisonment in the second degree; coercion or criminal trespass in the first, second or third degree; or

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

d. The sexual penetration occurs without the victim’s consent and during the commission of the crime, or during the immediate flight from the crime, or during an attempt to prevent the reporting of the crime, the person displays what appears to be a deadly weapon or represents by word or conduct that the person is in possession or control of a deadly weapon or dangerous instrument; or

e. The victim has not yet reached that victim’s sixteenth birthday and during the commission of the crime, or during the immediate flight from the crime, or during an attempt to prevent the reporting of the crime, the person displays what appears to be a deadly weapon or represents by word or conduct that the person is in possession or control of a deadly weapon or dangerous instrument; or

f. The sexual penetration occurs without the victim’s consent, and a principal-accomplice relationship within the meaning set forth in § 271 of this title existed between the defendant and another person or persons with respect to the commission of the crime; or

g. The victim has not yet reached that victim’s twelfth birthday, and the defendant has reached that defendant’s eighteenth birthday.

h. [Repealed.]

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

(c) Notwithstanding any provision of this title to the contrary, the minimum sentence for a person convicted of rape in the second degree in violation of this section shall be 10 years at Level V.

Rape in the second degree is a class B felony.
11 Del. C. § 1203 — Delaware Code / Title 11 / Chapter 5 / Subchapter VI / Section 1203
§ Â
        1203. Receiving a bribe; class E felony.
Status: in_force

(a) A public servant is guilty of receiving a bribe when the public servant solicits, accepts or agrees to accept a personal benefit from another person upon an agreement or understanding that the public servant’s vote, opinion, judgment, action, decision or exercise of discretion as a public servant will thereby be influenced.

(b) A public servant or party officer is guilty of receiving a bribe when the public servant solicits, accepts or agrees to accept personal benefit from another person upon an agreement or understanding that some person will or may be appointed to a public office or designated or nominated as a candidate for public office.

(c) A public servant is guilty of receiving a bribe when the public servant solicits, accepts or agrees to accept a personal benefit from another person for having violated the public servant’s duty as a public servant.

Receiving a bribe is a class E felony.
11 Del. C. § 1206 — Delaware Code / Title 11 / Chapter 5 / Subchapter VI / Section 1206
§ Â
        1206. Receiving unlawful gratuities; class A misdemeanor.
Status: in_force

A public servant is guilty of receiving unlawful gratuities when the public servant solicits, accepts, or agrees to accept any personal benefit for engaging in official conduct which the public servant is required or authorized to perform, and for which the public servant is not entitled to any special or additional compensation.

Receiving unlawful gratuities is a class A misdemeanor.
11 Del. C. § 6710 — Delaware Code / Title 11 / Chapter 67 / Section 6710
§ Â
        6710. Sanctions; removal from the program.
Status: in_force

(a) A participant who is accepted into the boot camp program shall not receive any credit for time spent in the program, except for actual time served, unless such participant completes the full program. Before any participant is deemed to have completed the full boot camp program, such participant must have been graduated from the program with a written certification of successful completion.

(b) A participant who fails to complete the boot camp program, who is administratively terminated from the program, or who violates any conditions of the program, shall be re-classified to serve the full unexpired term of the original sentence.

(c) Upon the successful completion of the boot camp program as determined by the Department in its sole discretion, and having served at least 6 months of incarceration, the participant shall be allowed to serve the remaining part of the participant’s Level V sentence at either Level IV or Level III, in the discretion of the Department. Should a boot camp graduate violate the Level IV or Level III conditions of supervision, such person shall upon conviction of a violation of probation, be returned to Level V custody to serve the full term of the original Level V sentence, less the 6 months served in boot camp.
11 Del. C. § 9505 — Delaware Code / Title 11 / Chapter 95 / Section 9505
§ Â
        9505. Immunity.
Status: in_force

(a) Members of the Victim-Offender Alternative Case Resolution Committee or board of directors of an organization with a victim-offender alternative case resolution program are immune from suit in any civil action based upon any proceedings or other official acts performed in good faith as members of the board.

(b) State employees and employees and volunteers of a victim-offender alternative case resolution program are immune from suit in any civil action based on any proceedings or other official act performed in their capacity as employees or volunteers, except in cases of wilful or wanton misconduct.

(c) A victim-offender alternative case resolution program is immune from suit in any civil action based on any of its proceedings or other official acts performed by its employees, volunteers, or members of its board of directors, except in the following cases:

(1) Wilful or wanton misconduct by its employees or volunteers.

(2) Official acts performed in bad faith by members of its board.
11 Del. C. § 849 — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 849
§ Â
        849. Theft of rented property; class A misdemeanor or class G felony.
Status: in_force

(a) A person is guilty of theft of rental property if the person, with the intent specified in § 841 of this title, takes, destroys, converts, wrongfully withholds or appropriates by fraud, deception, threat, false token, false representation or statement, or by any trick, contrivance or other device to avoid payment for or to otherwise appropriate rental property entrusted to said person. For purposes of this section, “property” shall include the use of vehicles or other movable property.

(b) If the finder of fact shall find:

(1) That one who has leased or rented the personal property of another, failed to return or make arrangements acceptable to the rentor (lessor) to return the property to the rentor or the rentor’s agent within 10 days after proper notice, following the expiration of the rental (lease) contract; and/or

(2) That one who has leased or rented the personal property of another and has returned such property, failed to make payment, at the agreed rental rate, for the full period which the property was rented or leased, except when said person has a good faith dispute with the owner of the rental property as to whether any payment, or additional payment, is due to the owner of the rental property; and/or

(3) That the rentee (lessee) presented identification to the rentor which was materially false, fictitious or not current with respect to name, address, place of employment or other appropriate items,

then the finder of fact shall be permitted, but not required, to presume intent to commit theft.

(c) As used in subsection (b) of this section, “proper notice” shall consist of a written demand by the rentor made after the expiration of the rental period mailed by certified or registered mail to the rentee at:

(1) The address the rentee gave when the rental contract was made; or

(2) The rentee’s last known address if later furnished in writing by the rentee or the rentee’s agent.

(d) The reasonable and fair market value of the property obtained shall be utilized in determining the amount involved in the theft.

(e) The following 3 factors, if established by the rentee by a preponderance of the evidence, shall constitute an affirmative defense to prosecution for theft, that the rentee:

(1) Accurately stated the rentee’s name, address and other material items of identification at the time of the rental;

(2) Failed to receive the rentor’s notice personally due in no significant part to the fault of the rentee; and

(3) Returned the personal property to the rentor or the rentor’s agent within 48 hours of the commencement of the prosecution, together with any charges for the overdue period and the value of damages (if any) to the property.

Theft of rented property is a class A misdemeanor, unless the value of the property is $1,500 or more, in which case it is a class G felony.
11 Del. C. § 8816 — Delaware Code / Title 11 / Chapter 88 / Section 8816
§ Â
        8816. Payment of service pension.
Status: in_force

Service pension payments shall be made to a retired member for each month beginning with the month in which the member becomes eligible to receive such pension and ending with the month in which the member dies.
11 Del. C. § 1449 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1449
§ Â
        1449. Wearing body armor during commission of felony; class B felony.
Status: in_force

(a) A person who wears body armor during the commission of a felony is guilty of wearing body armor during the commission of a felony.

(b) Notwithstanding § 4205 of this title, the minimum sentence for violation of this section shall be not less than 3 years which minimum sentence shall not be subject to suspension and no person convicted for a violation of this section shall be eligible for parole or probation during such 3 years.

(c) Any sentence imposed upon conviction for wearing body armor during the commission of a felony shall not run concurrently with any other sentence. In any instance where a person is convicted of a felony, together with the conviction for wearing body armor during the commission of a felony, such person shall serve the sentence for the felony itself before beginning the sentence imposed for wearing body armor during the commission of such felony.

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

(e) As used in this section, the term “body armor” means any material designed to provide bullet penetration resistance.

(f) A person may be found guilty of violating this section notwithstanding that the felony for which the person is convicted and during which the person wore body armor is a lesser included felony of the one originally charged.

(g) Wearing body armor during the commission of a felony is a class B felony.
11 Del. C. § 466 — Delaware Code / Title 11 / Chapter 4 / Section 466
§ Â
        466. Justification â Use of force for the protection of property.
Status: in_force

(a) The use of force upon or toward the person of another is justifiable when the defendant reasonably believes that such force is immediately necessary:

(1) To prevent the commission of criminal trespass or burglary in a building or upon real property in the defendant’s possession or in the possession of another person for whose protection the defendant acts; or

(2) To prevent entry upon real property in the defendant’s possession or in the possession of another person for whose protection the defendant acts; or

(3) To prevent theft, criminal mischief or any trespassory taking of tangible, movable property in the defendant’s possession or in the possession of another person for whose protection the defendant acts.

(b) The defendant may in the circumstances named in subsection (a) of this section use such force as the defendant reasonably believes is necessary to protect the threatened property, provided that the defendant first requests the person against whom force is used to desist from interference with the property, unless the defendant reasonably believes that:

(1) Such a request would be useless; or

(2) It would be dangerous to the defendant or another person to make the request; or

(3) Substantial harm would be done to the physical condition of the property which is sought to be protected before the request could effectively be made.

(c) The use of deadly force for the protection of property is justifiable only if the defendant reasonably believes that:

(1) The person against whom the force is used is attempting to dispossess the defendant of the defendant’s dwelling otherwise than under a claim of right to its possession; or

(2) The person against whom the deadly force is used is attempting to commit arson, burglary, robbery or felonious theft or property destruction and either:

a. Had employed or threatened deadly force against or in the presence of the defendant; or

b. Under the circumstances existing at the time, the defendant reasonably believed the use of force other than deadly force would expose the defendant, or another person in the defendant’s presence, to the reasonable likelihood of serious physical injury.

(d) Where a person has used force for the protection of property and has not been convicted for any crime or offense connected with that use of force, such person shall not be liable for damages or be otherwise civilly liable to the one against whom such force was used.
11 Del. C. § 2540 — Delaware Code / Title 11 / Chapter 25 / Subchapter II / Section 2540
§ Â
        2540. Preamble; purpose.
Status: in_force

The Agreement on Detainers is enacted into law and entered into by this State with all other jurisdictions legally joining therein in the form substantially as follows:

  The contracting states solemnly agree that the party states find that charges outstanding against a prisoner, detainers based on untried indictments, informations or complaints, and difficulties in securing speedy trial of persons already incarcerated in other jurisdictions, produce uncertainties which obstruct programs of prisoner treatment and rehabilitation. Accordingly, it is the policy of the party states and the purpose of this agreement to encourage the expeditious and orderly disposition of such charges and determination of the proper status of any and all detainers based on untried indictments, informations or complaints. The party states also find that proceedings with reference to such charges and detainers, when emanating from another jurisdiction, cannot properly be had in the absence of cooperative procedures. It is the further purpose of this agreement to provide such cooperative procedures.
11 Del. C. § 903 — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 903
§ Â
        903. Unlawful use of payment card; class G felony; class A misdemeanor.
Status: in_force

(a) A person is guilty of unlawful use of a payment card when the person uses or knowingly permits or encourages another to use a payment card for the purpose of obtaining money, goods, services, or anything of value knowing that:

(1) The card is stolen, forged or fictitious; or

(2) The card belongs to another person who has not authorized its use; or

(3) The card has been revoked or canceled; or

(4) For any other reason use of the card is unauthorized by the issuer.

(b) A person is guilty of unlawful use of a payment card where such person knowingly:

(1) Makes, possesses, sells, gives or otherwise transfers to another, or offers or advertises a payment card with the intent that it be used or with the knowledge or reason to believe that it will be used to obtain money, goods, services, or anything of value without payment of the lawful charges therefor or without authorization of the card holder; or

(2) Publishes a payment card or code of an existing, canceled, revoked, expired or nonexistent payment card, or the numbering or coding which is employed in the issuance of payment cards, with the intent that it be used or with knowledge or reason to believe that it will be used either: to avoid the payment for any money, goods, services, or anything of value; or without authorization of the card holder. As used in this section “publishes” means the communication of information to any 1 or more persons, either orally, in person or by telephone, radio or television, or in a writing of any kind, including without limitation a letter or memorandum, circular or handbill, newspaper or magazine article or book.

(c) (1) Except where the victim of any violation of this section is a person 62 years of age or older, unlawful use of a payment card is a class A misdemeanor unless the value of the money, goods, services, or anything of value secured or sought to be secured by means of the payment card is $1,500 or more, in which case it is a class G felony.

(2) Where the victim of any violation of this section is a person 62 years of age or older, unlawful use of a payment card is a class G felony unless the value of the money, goods, services, or anything of value secured or sought to be secured by means of the payment card is $1,500 or more, in which case it is a class F felony.

(d) Amounts involved in unlawful use of a payment card pursuant to 1 scheme or course of conduct, whether from the same issuer or several issuers, may be aggregated in determining whether such unlawful use constitutes a class A misdemeanor or a class G felony under this section.

(e) A person may be prosecuted and convicted under this section in such county or counties within Delaware where the money, goods, services, or anything of value giving rise to the prosecution were solicited, were received, or were attempted to be received, or where the charges for the money, goods, services, or anything of value were billable in the normal course of business.
11 Del. C. § 3915 — Delaware Code / Title 11 / Chapter 39 / Subchapter III / Section 3915
§ Â
        3915. Scope.
Status: in_force

A person who is charged with any criminal offense in which it is alleged that the person interfered with the official duties of a law-enforcement officer by biting, scratching, spitting or transferring blood or other bodily fluids on or through the skin or membranes of a law-enforcement officer is subject to a court order requiring testing for the human immunodeficiency virus, any antibody to human immunodeficiency virus or hepatitis.
11 Del. C. § 1114 — Delaware Code / Title 11 / Chapter 5 / Subchapter V / Section 1114
§ Â
        1114. Body-piercing, tattooing or branding; consent for minors; civil and criminal penalties.
Status: in_force

(a) No person shall knowingly or negligently tattoo, brand or perform body-piercing on a minor unless that person obtains the prior written consent of the minor’s parent over the age of 18 or legal guardian to the specific act of tattooing, branding or body-piercing.

(b) No person shall tattoo, brand or perform body-piercing on another person if the other person is under the influence of alcoholic beverages, being beer, wine or spirits or a controlled substance.

(c) Consent forms required by subsection (a) of this section shall be notarized.

(d) (1) A person who violates this section shall be guilty of a class B misdemeanor for the first offense or a class A misdemeanor for a second or subsequent offense. The Court of Common Pleas shall have original jurisdiction over these offenses for those 18 years of age or older, and the Family Court shall have original jurisdiction for those under the age of 18 at the time of the offense.

(2) In any prosecution for an offense under this subsection, it shall be an affirmative defense that the individual, who has not reached the age of 18, presented to the accused identification, with a photograph of such individual affixed thereon, which identification sets forth information which would lead a reasonable person to believe such individual was 18 years of age or older. A photocopy of the identification shall be attached to the information card that a customer shall complete at the time that the tattoo, body-piercing or branding is obtained.

(e) A person who violates subsection (a) of this section is liable in a civil action for actual damages or $1,000, whichever is greater, plus reasonable court costs and attorney fees.

(f) As used in this section:

(1) “Body-piercing” means the perforation of human tissue excluding the ear for a nonmedical purpose.

(2) “Branding” means a permanent mark made on human tissue by burning with a hot iron or other instrument.

(3) “Controlled substance” means that term as defined in Chapter 47 of Title 16.

(4) “Minor” means an individual under 18 years of age who is not emancipated.

(5) “Tattoo” means 1 or more of the following:

a. An indelible mark made upon the body of another person by the insertion of a pigment under the skin.

b. An indelible design made upon the body of another person by production of scars other than by branding.

(6) Nothing in this section shall require a person to tattoo, brand or body pierce a minor with parental consent if the person does not regularly tattoo, brand or body pierce customers under the age of 18.
11 Del. C. § 918 — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 918
§ Â
        918. Ticket scalping.
Status: in_force

(a) No person shall sell, resell or exchange any ticket to any event or exhibit at a price higher than the original price on the day preceding or on the day of an event at the Bob Carpenter Sports/Convocation Center on the South Campus of the University of Delaware or of a NASCAR Race held at Dover Downs, or on any state or federal highway artery within this State.

(b) Any person who violates this section shall be guilty of ticket scalping. Any person convicted a first time of ticket scalping is guilty of a class B misdemeanor. Any person convicted a second or subsequent time of ticket scalping shall be guilty of a class A misdemeanor. The Superior Court shall have jurisdiction over any offense charged under this section.

(c) For purposes of this section the word “ticket” shall mean any admittance, receipt, entrance ticket or other evidence of a right to be admitted to an event or exhibit.
11 Del. C. § 272 — Delaware Code / Title 11 / Chapter 2 / Section 272
§ Â
        272. Liability for the conduct of another â No defense.
Status: in_force

In any prosecution for an offense in which the criminal liability of the accused is based upon the conduct of another person pursuant to § 271 of this title, it is no defense that:

(1) The other person is not guilty of the offense in question because of irresponsibility or other legal incapacity or exemption, or because of unawareness of the criminal nature of the conduct in question or of the accused’s criminal purpose, or because of other factors precluding the mental state required for the commission of the offense; or

(2) The other person has not been prosecuted for or convicted of any offense based on the conduct in question, or has previously been acquitted thereof, or has been convicted of a different offense or in a different degree, or has legal immunity from prosecution for the conduct in question; or

(3) The offense in question, as defined, can be committed only by a particular class of persons, and the defendant, not belonging to that class, is for that reason legally incapable of committing the offense in an individual capacity, unless imposing liability on the defendant is inconsistent with the purpose of the provision establishing the defendant’s incapacity.
11 Del. C. § 1110A — Delaware Code / Title 11 / Chapter 5 / Subchapter V / Section 1110A
§ Â
        1110A. Exclusion for ÂÂ 1108 and 1109 of this title.
Status: in_force

Where the underlying prohibited sexual act is “partial nudity” as defined in § 1100 of this title, a person can only be guilty of sexual exploitation of a child under § 1108 of this title or dealing in child pornography under § 1109 of this title if the person is 18 years of age or older.
11 Del. C. § 3901 — Delaware Code / Title 11 / Chapter 39 / Subchapter I / Section 3901
§ Â
        3901. Fixing term of imprisonment; credits.
Status: repealed

(a) When imprisonment is a part of the sentence, the term shall be fixed, and the time of its commencement and ending specified. An act to be done at the expiration of a term of imprisonment shall be done on the last day thereof, unless it be Sunday, and in that case, the day previous. Months shall be reckoned as calendar months.

(b) All sentences for criminal offenses of persons who at the time sentence is imposed are held in custody in default of bail, or otherwise, shall begin to run and be computed from the date of incarceration for the offense for which said sentence shall be imposed, unless the person sentenced shall then be undergoing imprisonment under a sentence imposed for any other offense or offenses, in which case the said sentence shall begin to run and be computed, either from the date of imposition thereof or from the expiration of such other sentence or sentences, as the court shall, in its discretion, direct.

(c) Any period of actual incarceration of a person awaiting trial, who thereafter before trial or sentence succeeds in securing provisional liberty on bail, shall be credited to the person in determining the termination date of sentence. Where a prisoner is hospitalized, the time spent in an institution under involuntary restraint is to be credited to the person when calculating the sentence under this subsection.

(d) The court shall direct whether the sentence of confinement of any criminal defendant by any court of this State shall be made to run concurrently or consecutively with any other sentence of confinement imposed on such criminal defendant. Notwithstanding the foregoing, no sentence of confinement of any criminal defendant by any court of this State shall be made to run concurrently with any other sentence of confinement imposed on such criminal defendant for any conviction of the following crimes:

Notwithstanding the foregoing, where there are multiple victims, any sentence for each victim shall be consecutive to one another for the following crimes:

(e) [Repealed.]
11 Del. C. § 2422 — Delaware Code / Title 11 / Chapter 24 / Subchapter II / Section 2422
§ Â
        2422. Divulging contents of communications generally.
Status: in_force

(a) Prohibited acts. — (1) Except as provided in subsection (b) of this section, a person or entity providing an electronic communications service to the public may not knowingly divulge to any other person or entity the contents of a communication while the communication is in electronic storage by that service.

(2) Except as provided in subsection (b) of this section, a person or entity providing remote computing service to the public may not knowingly divulge to any other person or entity the contents of any communication which is carried or maintained on that service which it has received:

a. On behalf of and by means of computer processing of communication or by means of electronic transmission from a subscriber or customer of the service; and

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

(b) Lawful acts. — A person or entity may divulge the contents of a communication:

(1) To an addressee or intended recipient of the communication or an agent of the addressee or intended recipient;

(2) With the lawful consent of the originator or an addressee or intended recipient of the communication, or the subscriber, in the case of remote computing service;

(3) To a person employed or authorized by facilities or services used to forward the communication to its destination;

(4) If necessarily incident to the rendition of the service or to the protection of the rights or property of the provider of that service;

(5) To a law-enforcement agency if the contents were inadvertently obtained by the service provider and appear to pertain to the commission of a crime; or

(6) If otherwise authorized under the provisions of this chapter.
11 Del. C. § 2525 — Delaware Code / Title 11 / Chapter 25 / Subchapter I / Section 2525
§ Â
        2525. Immunity from process in civil actions.
Status: in_force

A person brought into this State by, or after waiver of, extradition based on a criminal charge shall not be subject to service of personal process in civil actions arising out of the same facts as the criminal proceedings to answer which the person is being or has been returned, until the person has been convicted in the criminal proceeding, or, if acquitted, until the person has had reasonable opportunity to return to the state from which the person was extradited.
11 Del. C. § 3509 — Delaware Code / Title 11 / Chapter 35 / Subchapter I / Section 3509
§ Â
        3509. Rape â Admissibility of certain evidence.
Status: in_force

(a) Notwithstanding any other provision of this Code to the contrary, and except as provided in this section, in any prosecution for any degree of rape, unlawful sexual intercourse, unlawful sexual penetration or unlawful sexual contact, any opinion evidence, reputation evidence and evidence of specific instances of the complaining witness’ sexual conduct, or any of such evidence, is not admissible by the defendant in order to prove consent by the complaining witness.

(b) This section, however, shall not be applicable to evidence of the complaining witness’ sexual conduct with the defendant.

(c) If the prosecutor introduces evidence, including testimony of a witness, or the complaining witness as a witness gives testimony, and such evidence or testimony relates to the complaining witness’ sexual conduct, the defendant may cross-examine the witness who gives such testimony and offer relevant evidence limited specifically to the rebuttal of such evidence introduced by the prosecutor or given by the complaining witness.

(d) Nothing in this section shall be construed to make inadmissible any evidence offered to attack the credibility of the complaining witness as provided in § 3508 of this title.

(e) As used in this section, “complaining witness” shall mean the alleged victim of the crime charged, the prosecution of which is subject to this section.
11 Del. C. § 4203 — Delaware Code / Title 11 / Chapter 42 / Section 4203
§ Â
        4203. Violations.
Status: in_force

There shall be a class of offenses denominated violations. No offense is a violation unless expressly declared to be a violation in this Criminal Code or in the statute defining the offense.
11 Del. C. § 4502 — Delaware Code / Title 11 / Chapter 45 / Section 4502
§ Â
        4502. Stay of execution on writ of error or certiorari; requirements.
Status: in_force

No writ of error or writ of certiorari issuing from the Supreme Court in any criminal cause shall operate as a stay of execution of the sentence of the trial court unless such writ of error or writ of certiorari be sued out within 30 days from the date of final judgment in the court below, and unless the plaintiff in error obtains from the trial court (or, if the trial court refuses, then from 1 of the Justices of the Supreme Court) a certificate that there is reasonable ground to believe that there is error in the record which might require a reversal of the judgment below, or that the record presents an important question of substantive law which ought to be decided by the Supreme Court, and unless the plaintiff in error furnishes bond to the State, with surety to be approved and in an amount to be fixed by 1 of the Justices of the Supreme Court, conditioned as prescribed by rule of court. In cases where sentence of life imprisonment has been imposed, there shall be no stay of execution, and no supersedeas bond taken or allowed. In cases where sentence of death has been imposed, the trial court, if the certificate provided for in this section has been granted, may stay the execution of the death penalty pending the determination of the cause by the Supreme Court, but the defendant below shall not be released from custody.
11 Del. C. § 8598 — Delaware Code / Title 11 / Chapter 85 / Subchapter XI / Section 8598
§ Â
        8598. Purposes.
Status: in_force

The purposes of this Compact are to:

(1) Provide a legal framework for the establishment of a cooperative federal-state system for the interstate and federal-state exchange of criminal history records for noncriminal justice uses;

(2) Require the FBI to permit use of the National Identification Index and the National Fingerprint File by each party state, and to provide, in a timely fashion, federal and state criminal history records to requesting states in accordance with the terms of this Compact and with rules, procedures, and standards established by the Council under §  8599C of this title;

(3) Require party states to provide information and records for the National Identification Index and the National Fingerprint File and to provide criminal history records, in a timely fashion, to criminal history record repositories of other states and the federal government for noncriminal justice purposes in accordance with the terms of this Compact and with rules, procedures, and standards established by the Council under §  8599C of this title;

(4) Provide for the establishment of a Council to monitor III System operations and to prescribe the system rules and procedures for the effective and proper operations of the III System for noncriminal justice purposes; and

(5) Require the FBI and each party state to adhere to III System standards concerning record dissemination and use, response times, system security, data quality, and other duly established standards, including those that enhance the accuracy and privacy of such records.
11 Del. C. § 254 — Delaware Code / Title 11 / Chapter 2 / Section 254
§ Â
        254. Conditional intention.
Status: in_force

The fact that a defendant’s intention was conditional is immaterial unless the condition negatives the harm or evil sought to be prevented by the statute defining the offense.
11 Del. C. § 4349 — Delaware Code / Title 11 / Chapter 43 / Subchapter IV / Section 4349
§ Â
        4349. Information from the Department and others.
Status: in_force

The Department shall grant to the Board or its representatives access to any person over whom the Board has jurisdiction under this chapter, and shall provide facilities for communicating with and observing such person, and make available to the Board such reports as the Board shall require concerning the conduct and character of any person in the custody of the Department, the institutional plan of treatment for such person or any other facts deemed by the Board pertinent in determining whether the person shall be paroled. The Department shall furnish to the Board such reports as the Board shall require concerning casework performed in the community with relatives or others connected with the person, investigations of parole plans or other reports or facts deemed by the Board pertinent in determining whether or not the person shall be paroled. All police agencies of this State, upon request, shall furnish the Board with any information at their disposal in regard to any person to be considered for parole.
11 Del. C. § 3536 — Delaware Code / Title 11 / Chapter 35 / Subchapter III / Section 3536
§ Â
        3536. Protective orders â Violations.
Status: in_force

(a) A person who violates an order made pursuant to this subchapter may be punished for any substantive offense set forth in this subchapter.

(b) A person who violates an order made pursuant to this subchapter may be punished as a contempt of the court making such order. No finding of contempt shall be a bar to prosecution for a substantive offense under this subchapter, but:

(1) Any person so held in contempt shall be entitled to credit for any punishment imposed therein, against any sentence imposed upon conviction for that offense; and

(2) Any conviction or acquittal for any substantive offense under this subchapter shall be a bar to subsequent punishment for contempt arising out of the same act.

(c) A person who violates an order made pursuant to this subchapter may be punished by revocation of any form of pretrial release, by the forfeiture of bail and/or by the issuance of a bench warrant which requires the defendant’s arrest or which remands the defendant into custody. Said revocation may, after a hearing, and upon a showing by a clear and convincing evidence in the sound discretion of the court, be made either where the violation complained of has been committed by the defendant personally, or has in any way been caused indirectly or through the encouragement of the defendant.
11 Del. C. § 8506 — Delaware Code / Title 11 / Chapter 85 / Subchapter I / Section 8506
§ Â
        8506. Duty to maintain complete and accurate records; performance of annual audit.
Status: in_force

(a) The Bureau shall maintain in a complete and accurate manner information received pursuant to this subchapter to the maximum extent feasible.

(b) Any and all criminal history records and other information which is transmitted directly by computer terminal by a criminal justice agency shall be deemed to have been transmitted to the Bureau within the meaning of this subchapter.

(c) The Bureau shall file all information received by it and shall make a systematic record and index thereof, to the end of providing a method of convenient reference and consultation. No information identifying a person received by the Bureau may be destroyed by it until 10 years after the person identified is known or reasonably believed to be dead, or until that person reaches age 80 or reaches age 75 with no criminal activity listed on the person’s record in the past 40 years, whichever shall first occur, except as otherwise provided by statute.

(d) A criminal justice agency shall, upon finding inaccurate criminal history record information of a material nature, notify all criminal justice agencies, and all other persons and agencies, known to have received such information.

(e) When a criminal justice agency receives notification that an inaccuracy appears in criminal history record information having originated with that agency, such agency shall take appropriate steps to correct the inaccuracy.

(f) The Bureau shall assure that an annual audit is conducted of a representative sample of agencies accessing or maintaining data files as provided in this subchapter. This audit shall encompass both manual and computerized data systems, and shall be conducted at such time and according to procedures as the Bureau shall prescribe. A full report of the findings of each audit made pursuant to this subsection shall be communicated to the individual agency so audited.
11 Del. C. § 8805 — Delaware Code / Title 11 / Chapter 88 / Section 8805
§ Â
        8805. Optional participation of counties and municipalities.
Status: in_force

Any county or municipality may elect to participate in the County and Municipal Police/Firefighter Pension Plan beginning July 1 of any year on or after July 1, 1984. Application to participate shall be by resolution approved by the governing body of the county or municipality and shall be submitted to the Board in such form as the Board shall determine not later than 90 days prior to the date participation is to begin, except such time limit may be reduced by the Board. Any such application, upon approval by the Board, shall be irrevocable. Each participating county and municipality shall provide such information to the Board as it may require for the administration of this chapter.
11 Del. C. § 9612 — Delaware Code / Title 11 / Chapter 96 / Subchapter II / Section 9612
§ Â
        9612. Address Confidentiality Program.
Status: in_force

(a) The Department of Justice shall establish a program to be known as the Address Confidentiality Program. Upon application and certification, persons eligible pursuant to this subchapter shall be provided a substitute address by the Program.

(b) The Program shall forward all correspondence sent by first class, express, registered and certified mail at no expense to a program participant and may arrange to receive and forward other classes or kinds of mail at the program participant’s expense.

(c) Upon a person’s certification for participation in the Program, the Department of Justice will provide notice of that fact and the program participant’s substitute address to the appropriate officials and parties involved in an ongoing civil or criminal case in which a program participant is a victim, witness, or party.

(d) All records relating to applicants and program participants are the property of the Department of Justice. These records, including but not limited to program applications, a participants’ actual addresses and waiver proceedings, shall be deemed to be confidential, and shall also not be subject to the provisions of Chapter 100 of Title 29.
11 Del. C. § 8904 — Delaware Code / Title 11 / Chapter 89 / Section 8904
§ Â
        8904. Access to information and data.
Status: in_force

The Statistical Analysis Center shall have full access to all information and data in any form, including computerized files and official records, to accomplish its research and analysis. All data referencing individuals shall be used only for research purposes and shall not in any way be shared or portrayed as to identify any individual so as to meet both state and federal security and privacy laws. It shall be the duty of all officials of the State or any political subdivision thereof to furnish any information and compile any report that may be requested by the Statistical Analysis Center.
11 Del. C. § 8534 — Delaware Code / Title 11 / Chapter 85 / Subchapter II / Section 8534
§ Â
        8534. Dissemination of missing person report.
Status: in_force

Upon completion of the missing person report, the law-enforcement agency shall send a copy of the report to:

(1) Each law-enforcement officer having jurisdiction over the location in which the missing person was last seen, or the missing person’s last known place of residence;

(2) Each state agency which the reporting law-enforcement agency considers to be potentially involved, and each private agency known to the law-enforcement agency which has, as a part of its functions, the searching for or location of missing persons;

(3) Each state agency to which the nearest relative to the missing person, or the complaint if no relative is located, requests that the report be sent; provided, however, that the forwarding of any report under this section shall be at the discretion of the law-enforcement agency;

(4) Each law-enforcement agency which requests a copy of the missing person report.
11 Del. C. § 6550 — Delaware Code / Title 11 / Chapter 65 / Subchapter VIII / Section 6550
§ Â
        6550. Seal; authentication.
Status: in_force

The Department shall adopt a seal. Copies of all records and papers in the offices of the Department, certified by an authorized agent of the Department and authenticated by the seal, shall be evidence with like effect as the original.
11 Del. C. § 8593 — Delaware Code / Title 11 / Chapter 85 / Subchapter X / Section 8593
§ Â
        8593. Definitions.
Status: in_force

For purposes of this subchapter:

(1) “Applicant” shall mean a prospective driving privilege card holder.

(2) “Driving privilege card” shall mean a card issued pursuant to § 2711(d) of Title 21, to undocumented immigrants who are not eligible for a Delaware driver’s license.
11 Del. C. § 4221 — Delaware Code / Title 11 / Chapter 42 / Section 4221
§ Â
        4221. Modification, deferral, suspension or reduction of sentence for serious physical illness, injury or infirmity.
Status: in_force

Notwithstanding any provision of law to the contrary, a court may modify, defer, suspend or reduce a minimum or mandatory sentence of 1 year or less, or a portion thereof, where the court finds by clear and convincing evidence, or by stipulation of the State, that the person to be sentenced suffers from a serious physical illness, injury or infirmity with continuing treatment needs which make incarceration inappropriate and that such person does not constitute a substantial risk to the community.
11 Del. C. § 475 — Delaware Code / Title 11 / Chapter 4 / Section 475
§ Â
        475. Immunity as an affirmative defense.
Status: in_force

In any prosecution for an offense, it is an affirmative defense that the accused was granted immunity from prosecution for that offense by the Attorney General or a Deputy Attorney General or by court order pursuant to § 3506 of this title. It is also an affirmative defense that the accused was granted immunity from prosecution for a different offense when prosecution for the offense now charged would have been barred by prosecution for the offense as to which immunity was granted under § 208 of this title; provided, that the Attorney General or a Deputy Attorney General may, in granting immunity, stipulate that the immunity applies only to a specific offense, in which case effect shall be given to the stipulation.
11 Del. C. § 6594 — Delaware Code / Title 11 / Chapter 65 / Subchapter XII / Section 6594
§ Â
        6594. Definitions.
Status: in_force

As used in this subchapter:

(1) “Correctional officer” means any active, formerly-active, or retired individual who serves or served as a correctional officer or a probation and parole officer with the Department of Correction.

(2) “Department” means the Department of Correction.

(3) “Family” means as defined in § 901 of Title 10.

(4) “Government agency” includes all agencies, authorities, boards, commissioner, departments, institutions, offices, and any other bodies of this State created by the Constitution or statute, whether in the executive, judicial, or legislative branch; all units and corporate outgrowths created by executive order of the Governor or any constitutional officer, by the Supreme Court, or by resolution of the General Assembly; and agencies, authorities, boards, commissions, departments, institutions, offices, and any other bodies politic and corporate of a unit of local government, or school district.

(5) “Home address” includes a correctional officer’s permanent residence and any secondary residence affirmatively identified by the correctional officer, but does not include a correctional officer’s work address.

(6) “Online privacy vendor” means a company that specializes in or offers services that continuously conduct a basic search and removal of personal information from people finding and database websites.

(7) “Person” means as defined in § 302 of Title 1.

(8) “Personal information” means a home address, home telephone number, mobile telephone number, direct telephone number to a correctional officer’s private office, personal e-mail address, Social Security number, federal tax identification number, checking and savings account numbers, credit or debit card numbers, birth or marital records, property tax records, and identity of children under the age of 18.

(9) “Publicly-available content” means any written, printed, or electronic document or record that provides information or that serves as a document or record maintained, controlled, or in the possession of a government agency that may be obtained by any person, from the Internet, from the government agency upon request either free of charge or for a fee, or in response to a request under the Freedom of Information Act (Chapter 100 of Title 29).

(10) “Publicly post” or “publicly display” means to intentionally communicate or otherwise make available to the general public.

(11) “Written request” means written notice signed by a correctional officer or a representative of the correctional officer’s employer requesting a government agency or person to refrain from posting or displaying publicly-available content that includes the personal information of the correctional officer or of their family.
11 Del. C. § 1441A — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1441A
§ Â
        1441A. State implementation of the federal Law Enforcement Officers Safety Act of 2004 (18 U.S.C. Ââ926B as amended in 2010 and 2013); carrying of concealed firearms by qualified law-enforcement officers.
Status: in_force

(a) Notwithstanding any other provision of the law of any state or any political subdivision thereof, an individual who is a qualified law-enforcement officer and who is carrying the identification required by subsection (d) of this section may carry a concealed firearm that has been shipped or transported in interstate or foreign commerce, subject to subsection (b) of this section.

(b) This section shall not be construed to supersede or limit the laws of any state that:

(1) Permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property; or

(2) Prohibit or restrict the possession of firearms on any state or local government property, installation, building, base, or park.

(c) As used in this section, the term “qualified law-enforcement officer” means an employee of a governmental agency who:

(1) Is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and has statutory powers of arrest or apprehension under 10 U.S.C. § 807(b) (article 7(b) of the Uniform Code of Military Justice);

(2) Is authorized by the agency to carry a firearm;

(3) Is not the subject of any disciplinary action by the agency which could result in suspension or loss of police powers;

(4) Meets standards, if any, established by the agency which require the employee to regularly qualify in the use of a firearm;

(5) Is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and

(6) Is not prohibited by federal law from receiving a firearm.

(d) The identification required by this subsection is the photographic identification issued by the governmental agency for which the individual is employed that identifies the employee as a police officer or law-enforcement officer of the agency.

(e) As used in this section, the term “firearm”:

(1) Except as provided in this subsection, has the same meaning as in 18 U.S.C. § 921;

(2) Includes ammunition not expressly prohibited by federal law or subject to the provisions of the National Firearms Act [26 U.S.C. § 5801 et seq.]; and

(3) Does not include:

a. Any machinegun (as defined in § 5845 of the National Firearms Act [26 U.S.C. § 5845]);

b. Any firearm silencer (as defined in 18 U.S.C. § 921); and

c. Any destructive device (as defined in 18 U.S.C. § 921).

(f) For the purposes of this section, a law-enforcement officer of the Amtrak Police Department, a law-enforcement officer of the Federal Reserve, or a law-enforcement or police officer of the executive branch of the federal government qualifies as an employee of a governmental agency who is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and has statutory powers of arrest or apprehension under 10 U.S.C. § 807(b) (article 7(b) of the Uniform Code of Military Justice).
11 Del. C. § 8603 — Delaware Code / Title 11 / Chapter 86 / Section 8603
§ Â
        8603. Board of Managers â Established; purpose; composition; term of office; staff; powers.
Status: in_force

(a) The Delaware Criminal Justice Information System Board of Managers is hereby established.

(b) The Board shall establish policy for the development, implementation, and operation of comprehensive data systems in support of the criminal justice system of this State.

(c) The Board shall be composed of 16 members, 11 of whom shall be voting members as follows:

(1) One member of the Delaware State Police, to be designated by the Superintendent of the Delaware State Police;

(2) One member of a municipal police department, to be designated by the Chairperson of the Delaware Police Chiefs’ Council;

(3) One member of the Department of Correction, to be designated by the Commissioner of Correction;

(4) One member of the Division of Youth Rehabilitative Services, to be designated by the Director of the Division of Youth Rehabilitative Services;

(5) Three members to be designated by the Chief Justice of the Supreme Court, 1 of whom shall represent the Family Court, and 1 to represent all other courts of the State;

(6) One member of the Department of Justice, to be designated by the Attorney General;

(7) One member of the Office of Defense Services, to be designated by the Chief Defender;

(8) One member-at-large to be designated by the Governor; and

(9) One member of the New Castle County Police Department as designated by the Colonel of the New Castle County Police.

(d) In addition, there shall be 5 nonvoting members:

(1) Two members of the General Assembly, 1 Senator to be designated by the President Pro Tempore of the Senate, and 1 Representative to be designated by the Speaker of the House of Representatives;

(2) One member of the Delaware State Bureau of Identification, to be designated by the Superintendent of the Delaware State Police;

(3) One member of the department (or agency) within the State with overall responsibility for providing information resource management, to be designated by the director or chief official of that agency; and

(4) One member of the Delaware Criminal Justice Council, to be designated by the Chairperson of that Council.

(e) Each Board member shall serve at the pleasure of, and for the term prescribed by, the officer or individual by whom such member was appointed.

(f) The agencies represented on the Board shall provide the Board with adequate staff support to assure that applicable provisions of this chapter are effectively carried out, not inconsistent with state law.

(g) The Board shall have the power and authority to:

(1) Designate an Executive Committee which may act between meetings of the Board, subject to confirmation of its decisions by a quorum of the Board, which Executive Committee shall consist of not less than 3 members of the Board and shall be chaired by the Board Chairperson.

(2) Appoint, supervise and evaluate an Executive Director to implement and administer this chapter.

(3) Approve the Executive Director’s annual budget request and other applications for funds from any sources.

(4) Recommend any legislation necessary for the implementation, operation and maintenance of the criminal justice information system.

(5) Establish and implement policy for providing management and administrative statistics and for coordinating technical assistance to serve the information needs of criminal justice agencies, planners, administrators, legislators and the general public.

(6) Perform all functions necessary to carry out the duties of this chapter.
11 Del. C. § 5104 — Delaware Code / Title 11 / Chapter 51 / Subchapter I / Section 5104
§ Â
        5104. Composition of Court in cases tried without jury; concurrence of all Judges sitting.
Status: in_force

In a criminal case tried without a jury, the Superior Court shall consist of either 1, 2 or 3 Judges, as the Court shall determine; but if more than 1 Judge shall try such case, the concurrence of all the Judges sitting shall be required for a verdict.
11 Del. C. § 2405 — Delaware Code / Title 11 / Chapter 24 / Subchapter I / Section 2405
§ Â
        2405. Authorities permitted to apply for order authorizing interception.
Status: in_force

The Attorney General, Chief Deputy Attorney General, Director of the Division of Civil Rights and Public Trust, Director of the Family Division, Director of the Fraud and Consumer Protection Division, State Prosecutor or chief prosecutor of any county may apply to a judge authorized to receive intercept applications and the judge, in accordance with § 2407 of this title, may grant an order authorizing the interception by investigative or law-enforcement officers of wire, oral, or electronic communications when the interception may provide evidence of any of the following:

(1) Of the commission of the offense of racketeering, murder, kidnapping, human trafficking, gambling, robbery, bribery, extortion, dealing in narcotic drugs or dangerous drugs, dealing in central nervous system depressant or stimulant drugs, dealing in controlled substances or counterfeit controlled substances, prison escape, jury tampering, fraud, official misconduct, deprivation of civil rights, hate crimes, or stalking.

(2) Of the commission of any felony creating a risk of physical injury to a person.

(3) Of any conspiracy or solicitation to commit any of the offenses set forth in paragraph (1) or (2) of this section.

(4) Aiding in the apprehension of the perpetrator of any of the offenses set forth in this section.

No application or order shall be required if the interception is lawful under the provisions of § 2406(c) of this title.
11 Del. C. § 102 — Delaware Code / Title 11 / Chapter 1 / Section 102
§ Â
        102. Applicability to offenses committed prior to July 1, 1973.
Status: in_force

(a) Except as provided in subsections (b) and (c) of this section, this Criminal Code does not apply to offenses committed prior to July 1, 1973. Prosecutions for offenses committed prior to July 1, 1973, shall be governed by the prior law, which is continued in effect for that purpose, as if this Criminal Code were not in force. For the purpose of this section, an offense was committed prior to July 1, 1973, if any of the elements of the offense occurred prior thereto.

(b) In any case pending on or commenced after July 1, 1973, involving an offense committed prior to that date:

(1) Procedural provisions of this Criminal Code shall govern, insofar as they are justly applicable and their applicability does not introduce confusion, delay or manifest injustice;

(2) Provisions of this Criminal Code according a defense or mitigations shall apply, with the consent of the defendant.

(c) Provisions of this Criminal Code governing the treatment and the release or discharge of prisoners, probationers and parolees shall apply to persons under sentence for offenses committed prior to July 1, 1973, except that the minimum or maximum period of their detention or supervision shall in no case be increased, nor shall this Criminal Code affect the substantive or procedural validity of any judgment of conviction entered prior to July 1, 1973, regardless of the fact that appeal time has not run or that an appeal is pending.
11 Del. C. § 824 — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 824
§ Â
        824. Burglary in the third degree; class F felony.
Status: in_force

A person is guilty of burglary in the third degree when the person knowingly enters or remains unlawfully in a building with intent to commit a crime therein.

Burglary in the third degree is a class F felony.
11 Del. C. § 1426 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1426
§ Â
        1426. Official removal upon noncompliance with removal order.
Status: in_force

In the event that the obstructions are not removed within a period of 7 days after the order for removal, the Attorney General shall cause the obstructions to be removed from the premises or place.
11 Del. C. § 2550 — Delaware Code / Title 11 / Chapter 25 / Subchapter II / Section 2550
§ Â
        2550. Power of Commissioner of Correction; transfer of inmate.
Status: in_force

It shall be lawful and mandatory upon the Commissioner of Correction or other official in charge of a penal or correctional institution in this State to give over the person of any inmate whenever so required by the operation of the Agreement on Detainers.
11 Del. C. § 1910 — Delaware Code / Title 11 / Chapter 19 / Subchapter I / Section 1910
§ Â
        1910. Identification of witness.
Status: in_force

Whenever a peace officer has reasonable ground to believe that a crime has been committed, the officer may stop any person who the officer has reasonable ground to believe was present thereat and may demand the person’s name and address. If the person fails to give identification to the satisfaction of the officer, the officer may take the person forthwith before a magistrate. If the person fails to give identification to the satisfaction of the magistrate, the latter may require the person to furnish bond or may commit the person to jail until the person so gives identification.
11 Del. C. § 8599D — Delaware Code / Title 11 / Chapter 85 / Subchapter XI / Section 8599D
§ Â
        8599D. Ratification of Compact
Status: in_force

This Compact shall take effect upon being entered into by 2 or more states as between those states and the federal government. Upon subsequent entry into this Compact by additional states, it shall become effective among those states and the federal government and each party state that has previously ratified it. When ratified, this Compact shall have the full force and effect of law within the ratifying jurisdictions. The form of ratification shall be in accordance with the laws of the executing state.
11 Del. C. § 2101 — Delaware Code / Title 11 / Chapter 21 / Section 2101
§ Â
        2101. Purposes of this chapter [Effective until July 1, 2026].
Status: in_force

It is the purpose of this chapter to reform the system governing the release of defendants pending a final determination of guilt of such persons. The various courts of this State are empowered and encouraged to make individualized decisions about terms and conditions of pretrial release. Each court shall utilize a system of pretrial release imposing reasonable nonmonetary conditions of release when those conditions adequately provide a reasonable assurance of the appearance of the defendant at court proceedings, the protection of the community, victims, witnesses and any other person, and to maintain the integrity of the judicial process.It is the purpose of this chapter to reform the system governing the release of defendants pending a final determination of guilt of such persons. The various courts of this State shall make individualized decisions about terms and conditions of pretrial release or the need for preventive detention. Each court shall utilize a system of pretrial release aimed at imposing the least restrictive conditions of release so as to account for each defendant’s fundamental right to pretrial liberty while also reasonably assuring the appearance of the defendant at court proceedings, reasonably assuring the protection of the community, victims, witnesses, and any other person, and reasonably maintaining the integrity of the judicial process, such that the defendant will not obstruct or attempt to obstruct justice.
11 Del. C. § 4302 — Delaware Code / Title 11 / Chapter 43 / Subchapter I / Section 4302
§ Â
        4302. Definitions.
Status: in_force

As used in this chapter:

(1) “Board of Pardons” means that Board as established by the Constitution and laws.

(2) “Commissioner” or “Commissioner of the Department” means Commissioner of the Department of Correction.

(3) “Community service” means the performance of work or service for a nonprofit or other tax-supported entity by an offender without pay for a specified period of time. Such service is intended as a symbolic form of restitution meant to serve as an appropriate means of punishment and rehabilitation of the offender and as a means of addressing the community’s need to be made whole.

(4) “Conditional release” means the release of an offender from incarceration to the community by reason of diminution of the period of confinement through merit and good behavior credits. A person so released shall be known as a releasee.

(5) “Court” means Superior Court, Family Court, Court of Common Pleas, or Justices of the Peace Courts.

(6) “Criminogenic needs” means the dynamic factors or conditions that, when addressed in an individualized manner with evidence-based interventions, can significantly reduce the likelihood of recidivism.

(7) “Department” means the Department of Correction.

(8) “Goals of supervision” means deterrence of criminal conduct, protection of the community, protection of victims, and rehabilitation of the individual on probation.

(9) “Judge” means any judge of any court as herein defined.

(10) “Law” means the laws of this State, including any ordinance of any subdivision or municipality.

(11) “Merit and good behavior credits” means that diminution of the period of confinement, as provided by law, by reason of industrious and cooperative conduct.

(12) “Offender” means any person who has been brought within the jurisdiction of the Superior Court, Family Court, or Court of Common Pleas or within the scope of duties of the Board of Parole or the Board of Pardons.

(13) “Parole” means the release by the Parole Board of an offender from incarceration to the community prior to the expiration of the offender’s term, subject to the supervision and guidance of the Department. A person placed upon parole shall be known as a parolee.

(14) “Parole Board” means the duly established Board of Parole as the paroling authority of the State.

(15) “Presentence investigation” means the procedure by which the court, subsequent to conviction but prior to sentencing, obtains information concerning the offender sufficient to evaluate the offender’s conduct and to determine the offender’s potentialities for rehabilitation, with appropriate recommendations for judicial disposition. Said presentence investigation shall be embodied in a written report.

(16) “Probation” means the sentencing without imprisonment of an offender by judgment of the court following establishment of guilt, subject to the conditions imposed by the court, including the supervision and guidance of the Department’s field services. A person placed upon probation or under suspended sentence under supervision shall be known as a probationer.

(17) “Probation and parole officer” means an employee of the Department with the qualifications, and having powers and responsibilities pertaining to investigation, supervision and otherwise, provided by law or determined by the Department within the scope of this chapter.
11 Del. C. § 9019 — Delaware Code / Title 11 / Chapter 90 / Section 9019
§ Â
        9019. Oaths; production of witnesses and records.
Status: in_force

The Executive Director and each member of the Appeals Board shall have the power to administer oaths, subpoena witnesses and compel the production of books, papers and records relevant to any investigation or hearing authorized by this chapter. Any person who shall fail to appear in response to a subpoena or to answer any question, or produce any books, papers and records relevant to any such investigation or hearing may be compelled to do so by order of the Superior Court.
11 Del. C. § 303 — Delaware Code / Title 11 / Chapter 3 / Section 303
§ Â
        303. Credible evidence to support defenses.
Status: in_force

(a) No defense defined by this Criminal Code or by another statute may be considered by the jury unless the court is satisfied that some credible evidence supporting the defense has been presented.

(b) Evidence supports a defense when it tends to establish the existence of each element of the defense.

(c) If some credible evidence supporting a defense is presented, the defendant is entitled to a jury instruction that the jury must acquit the defendant if they find that the evidence raises a reasonable doubt as to the defendant’s guilt.
11 Del. C. § 262 — Delaware Code / Title 11 / Chapter 2 / Section 262
§ Â
        262. Intentional or knowing causation; different result from that expected.
Status: in_force

The element of intentional or knowing causation is not established if the actual result is outside the intention or the contemplation of the defendant unless:

(1) The actual result differs from that intended or contemplated, as the case may be, only in the respect that a different person or different property is injured or affected or that the injury or harm intended or contemplated would have been more serious or more extensive than that caused; or

(2) The actual result involves the same kind of injury or harm as the probable result and is not too remote or accidental in its occurrence to have a bearing on the actor’s liability or on the gravity of the offense.
11 Del. C. § 6603 — Delaware Code / Title 11 / Chapter 66 / Section 6603
§ Â
        6603. Use of restraints on pregnant prisoners; other prohibitions.
Status: in_force

(a) (1) Except as provided in paragraphs (a)(2) and (3) of this section, a correctional institution may not use restraints on a pregnant prisoner who is in the second or third trimester of pregnancy, in labor, in delivery, or in the immediate postpartum period. Under no circumstances shall leg or waist restraints be used on any prisoner or detainee who is in labor or delivery. Where allowed, wrist restraints must be fastened in front of the body.

(2) If a corrections official makes an individualized determination that an extraordinary circumstance exists, restraints may be used for the limited period that such circumstance exists, subject to the limitations in paragraphs (a)(2)a., b., and c. of this section.

a. A licensed medical professional must be notified as soon as practicable upon the application of leg or waist restraints and shall examine the restrained prisoner within 10 minutes of the notification.

b. If a doctor, nurse, or other health professional treating the prisoner requests that restraints not be used, the corrections officer accompanying the prisoner shall immediately remove all restraints.

(3) Wrist restraints fastened in the front of the body may be used when a prisoner who is pregnant or in the immediate postpartum period is being transported outside of the facility for medical or other appointments. Absent extraordinary circumstances, no restraints may be used, including in transport, on a woman who is in labor, delivery, or being transported with a newborn.

(b) If restraints are used on a prisoner pursuant to paragraph (a)(2) of this section:

(1) The type of restraint applied and the application of the restraint must be done in the least restrictive manner necessary.

(2) The corrections official shall make written findings within 10 days as to the extraordinary circumstances that dictated the use of the restraints. These findings shall be kept on file by the correctional institution for at least 5 years.

(c) A pregnant prisoner who is required to squat and cough must be provided with accommodations or supports to prevent the risk of falls.

(d) A pregnant prisoner may not be required to undergo a vaginal examination unless prescribed and performed by a licensed health-care professional.
11 Del. C. § 1510 — Delaware Code / Title 11 / Chapter 15 / Section 1510
§ Â
        1510. Registration of foreign corporations.
Status: in_force

(a) Each foreign corporation desiring to acquire of record any real property shall have, prior to acquisition, and shall continuously maintain in this State during any year thereafter in which such real property is owned by the corporation:

(1) A registered office; and

(2) A registered agent, which agent may be either:

a. An individual resident in this State, whose business office is identical with such registered office; or

b. Another corporation authorized to transact business in this State, having a business office identical with such registered office.

A foreign corporation that, prior to acquisition of any real property in this State, complies with the requirements of § 371 of Title 8 and thereafter continuously maintains a registered agent in this State for the purposes of that section shall be deemed to have complied with the requirements of this subsection.

(b) Each foreign corporation shall file with the Secretary of State on or before June 30 of each year, a sworn report on such forms as the Secretary of State shall prescribe, setting forth:

(1) The name of such corporation;

(2) The street address and the principal office of such corporation;

(3) The name and street address of the registered agent and registered office of such corporation; and

(4) The signature of the corporate president, vice-president, secretary, assistant secretary or treasurer attesting to the accuracy of the report as of the date immediately preceding filing of the report.

A foreign corporation that complies with § 374 of Title 8 by filing the annual report as required by that section shall be deemed to have complied with this subsection.

(c) Each foreign corporation which fails to comply with subsections (a) and (b) of this section shall not be entitled to sue or to defend in the courts of the State, until such corporation has a registered agent and registered office pursuant to subsection (a) of this section (or until such corporation registers with the Secretary of State pursuant to § 371 of Title 8) and complies with subsection (b) of this section by filing a report pursuant to such subsection (or pursuant to § 374 of Title 8).

(d) The filing of a report by a corporation as required by this section shall be solely for the purposes of this chapter and, notwithstanding any other act, shall not be used as a determination of whether the corporation is doing business in this State; provided, however, that this subsection shall not apply to a foreign corporation which satisfies the requirements of subsection (b) of this section by filing an annual report under § 374 of Title 8.

(e) This section shall not apply to any foreign financial, banking, insurance or lending organization whose lending activities are regulated by any other state or the United States of America.

(f) The Secretary of State may establish fees for any filings required by this section, which fees shall not exceed those prescribed for similar filings as stated in § 391 of Title 8.
11 Del. C. § 773 — Delaware Code / Title 11 / Chapter 5 / Subchapter II / Section 773
§ Â
        773. Rape in the first degree; class A felony.
Status: repealed

(a) A person is guilty of rape in the first degree when the person intentionally engages in sexual intercourse with another person and any of the following circumstances exist:

(1) The sexual intercourse occurs without the victim’s consent and during the commission of the crime, or during the immediate flight following the commission of the crime, or during an attempt to prevent the reporting of the crime, the person causes physical injury or serious mental or emotional injury to the victim; or

(2) The sexual intercourse occurs without the victim’s consent and it was facilitated by or occurred during the course of the commission or attempted commission of:

a. Any felony; or

b. Any of the following misdemeanors: reckless endangering in the second degree; assault in the third degree; terroristic threatening; unlawfully administering drugs; unlawful imprisonment in the second degree; coercion; or criminal trespass in the first, second or third degree; or

(3) In the course of the commission of rape in the second, third or fourth degree, or while in the immediate flight therefrom, the defendant displayed what appeared to be a deadly weapon or represents by word or conduct that the person is in possession or control of a deadly weapon or dangerous instrument; or

(4) The sexual intercourse occurs without the victim’s consent, and a principal-accomplice relationship within the meaning set forth in § 271 of this title existed between the defendant and another person or persons with respect to the commission of the crime; or

(5) The victim has not yet reached that victim’s twelfth birthday, and the defendant has reached that defendant’s eighteenth birthday.

(6) [Repealed.]

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

(c) Notwithstanding any law to the contrary, a person convicted of rape in the first degree shall be sentenced to life imprisonment without benefit of probation, parole or any other reduction if:

(1) The victim had not yet reached that victim’s sixteenth birthday at the time of the offense and the person inflicts serious physical injury on the victim; or

(2) The person intentionally causes serious and prolonged disfigurement to the victim permanently, or intentionally destroys, amputates or permanently disables a member or organ of the victim’s body; or

(3) The person is convicted of rape against 3 or more separate victims; or

(4) The person has previously been convicted of unlawful sexual intercourse in the first degree, rape in the second degree or rape in the first degree, or any equivalent offense under the laws of this State, any other state or the United States.

Rape in the first degree is a class A felony.
11 Del. C. § 832 — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 832
§ Â
        832. Robbery in the first degree; class B felony.
Status: in_force

(a) A person is guilty of robbery in the first degree when the person commits the crime of robbery in the second degree and when, in the course of the commission of the crime or of immediate flight therefrom, the person or another participant in the crime:

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

(2) Displays what appears to be a deadly weapon or represents by word or conduct that the person is in possession or control of a deadly weapon; or

(3) Is armed with and uses or threatens the use of a dangerous instrument; or

(4) Commits said crime against a person who is 65 years of age or older; or

(5) Threatens death upon another.

Robbery in the first degree is a class B felony.

(b) Notwithstanding any provisions of this section or Code to the contrary, any person convicted of robbery in the first degree shall receive a minimum sentence of:

(1) Three years at Level V; or

(2) Five years at Level V, if the conviction was either of the following:

a. For an offense that was committed pursuant to paragraph (a)(2) of this section and the deadly weapon was a firearm or projectile weapon, and within 7 years of the date of a previous conviction for robbery in the first degree or if the conviction is for an offense that was committed within 7 years of the date of termination of all periods of incarceration or confinement imposed pursuant to a previous conviction for robbery in the first degree, whichever is the later date.

b. For an offense committed within 2 years of the date of a previous conviction for robbery in the first degree or if the conviction is for an offense that was committed within 2 years of the date of termination of all periods of incarceration or confinement imposed pursuant to a previous conviction for robbery in the first degree, whichever is the later date.

(c) The sentencing provisions of this section apply to attempted robbery in the first degree as well as robbery in the first degree.
11 Del. C. § 5102 — Delaware Code / Title 11 / Chapter 51 / Subchapter I / Section 5102
§ Â
        5102. Subpoenas and warrants generally; enforcement.
Status: in_force

The Superior Court, in the exercise of its criminal jurisdiction, may issue subpoenas and other warrants into any county in the State, for summoning or bringing any person to give evidence in any matter triable before it and may enforce obedience by fine or imprisonment. Such subpoenas and warrants shall be in such form as may be prescribed by the Rules of the Court.
11 Del. C. § 221 — Delaware Code / Title 11 / Chapter 2 / Section 221
§ Â
        221. Principles of definitions.
Status: in_force

(a) In this Criminal Code when the word “means” is employed in defining a word or term, the definition is limited to the meaning given.

(b) In this Criminal Code, when the word “includes” is employed in defining a word or term, the definition is not limited to the meaning given, but in appropriate cases the word or term may be defined in any way not inconsistent with the definition given.

(c) If a word used in this Criminal Code is not defined herein, it has its commonly accepted meaning, and may be defined as appropriate to fulfill the purposes of the provision as declared in § 201 of this title.
11 Del. C. § 263 — Delaware Code / Title 11 / Chapter 2 / Section 263
§ Â
        263. Reckless or negligent causation; different result from that expected or overlooked.
Status: in_force

The element of reckless or negligent causation is not established if the actual result is outside the risk of which the defendant is aware or, in the case of negligence, of which the defendant should be aware unless:

(1) The actual result differs from the probable result only in the respect that a different person or different property is injured or affected or that the probable injury or harm would have been more serious or more extensive than that caused; or

(2) The actual result involves the same kind of injury or harm as the probable result and is not too remote or accidental in its occurrence to have a bearing on the actor’s liability or on the gravity of the offense.
11 Del. C. § 6534B — Delaware Code / Title 11 / Chapter 65 / Subchapter VI / Section 6534B
§ Â
        6534B. Delaware Correctional Industries Special Fund.
Status: in_force

(a) There is hereby established a Delaware Correctional Industries Special Fund which shall consist of:

(1) Moneys received from the sale of products as described in § 6532 of this title;

(2) Moneys received through the contract of service or labor as described in § 6532 of this title;

(3) Moneys received per § 6532(f)(3) of this title;

(4) Moneys received per § 6531A(c) of this title; and

(5) Moneys received per § 6531(d) of this title.

(b) Funds from the Delaware Correctional Industries Special Fund shall be expended only for the following purposes:

(1) Financing the Delaware Correctional Industries programs, including, but not limited to, all prison manufacturing, construction, contractual services and labor provided;

(2) Financing the educational programs required by § 6531A of this title;

(3) Financing the treatment and rehabilitation programs required by § 6531 of this title;

(4) Financing any and all programs as itemized in § 6532(f)(3) of this title; and

(5) Financing the casual/seasonal positions referenced in § 6506(c) of this title.

(c) The Delaware Correctional Industries Special Fund shall be appropriated and expended in conformity with the annual Appropriations Act of the State.

(d) Nothing in this subchapter shall preclude the appropriation of general funds to support the programs itemized in subsection (b) of this section.
11 Del. C. § 1450 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1450
§ Â
        1450. Receiving a stolen firearm; class F felony.
Status: in_force

A person is guilty of receiving a stolen firearm if the person intentionally receives, retains or disposes of a firearm of another person with intent to deprive the owner of it or to appropriate it, knowing that it has been acquired under circumstances amounting to theft, or believing that it has been so acquired. Receiving a stolen firearm is a class F felony. Knowledge that a firearm has been acquired under circumstances amounting to theft may be presumed in the case of a person who acquires it for a consideration which the person knows is substantially below its reasonable value.
11 Del. C. § 6559 — Delaware Code / Title 11 / Chapter 65 / Subchapter VIII / Section 6559
§ Â
        6559. Contracts; limitations for interest.
Status: in_force

No officer or employee of the Department may be directly or indirectly concerned or interested in any contract, purchase or sale made by the Department or by its authority, or may accept any reward or gift, or any promise of any reward or gift, directly or indirectly from any person interested in any contract, purchase or sale made by the Department or its authority, and every officer and employee shall report to the Department all offenses coming to the officer’s or employee’s knowledge.
11 Del. C. § 8905 — Delaware Code / Title 11 / Chapter 89 / Section 8905
§ Â
        8905. Criminal justice agencies and courts to provide assistance.
Status: in_force

It shall be the duty of all criminal justice agencies and courts of the State or any political subdivision thereof to provide such assistance as may reasonably be requested by the Statistical Analysis Center to carry out its mission under this chapter.
11 Del. C. § 472 — Delaware Code / Title 11 / Chapter 4 / Section 472
§ Â
        472. Mitigating factors and defenses based on a victimâs sexual orientation, sex, gender, gender identity, or sex assigned at birth.
Status: in_force

(a) Notwithstanding any other provision of this Criminal Code, in any prosecution or sentencing for an offense, a defendant is not justified in using force against another based on the discovery of, knowledge or belief about, or the potential or actual disclosure of the victim’s actual or perceived sexual orientation, sex, gender, gender identity, or sex assigned at birth.

(b) Notwithstanding any other provision of this Criminal Code, in any prosecution or sentencing for an offense, for the purposes of determining whether there is a reasonable explanation or excuse for the existence of extreme emotional disturbance or other asserted mitigating factor or circumstance, such explanation or excuse is not reasonable if it is based on the discovery of, knowledge or belief about, or the potential or actual disclosure of the victim’s actual or perceived sexual orientation, sex, gender, gender identity, or sex assigned at birth.

(c) Notwithstanding any other provision of this Criminal Code, in any prosecution or sentencing for an offense, a defendant does not, based on the discovery of, knowledge or belief about, or the potential or actual disclosure of the victim’s actual or perceived sexual orientation, sex, gender, gender identity, or sex assigned at birth, suffer from a mental illness, mental defect, mental disorder, serious mental disorder, psychiatric disorder, or other impairment affecting or impacting the defendant’s mental state relating to questions of any of the following:

(1) Intent.

(2) Knowledge.

(3) Capacity to appreciate the wrongfulness of the defendant’s conduct.

(4) Disturbance of the defendant’s thinking, feeling, or behavior.

(5) Culpability.

(6) Willpower to choose whether to do or refrain from doing an act.

(7) Ability to distinguish right from wrong.
11 Del. C. § 1114A — Delaware Code / Title 11 / Chapter 5 / Subchapter V / Section 1114A
§ Â
        1114A. Tongue-splitting; class A misdemeanor; class B misdemeanor; class G felony; additional civil penalties.
Status: in_force

(a) A person is guilty of tongue-splitting in the first degree if the person is neither a physician nor a dentist, holding a valid license issued under the laws of the State of Delaware, and the person performs an act of tongue-splitting on any other person in this State. Tongue-splitting in the first degree is a class A misdemeanor.

(b) A doctor or dentist is guilty of tongue-splitting in the second degree if the doctor or dentist performs an act of tongue-splitting in this State and the person on whom the act of tongue-splitting is performed is either:

(1) Under the influence of alcohol or a controlled substance; or

(2) Is a minor and the person has failed to obtain the prior written and notarized consent of the minor’s adult parent or legal guardian to the specific act of tongue-splitting.

Tongue-splitting in the second degree is a class B misdemeanor.

(c) Any person found guilty of a second or subsequent violation of this section is guilty of a class G felony for such second or subsequent offense.

(d) In any prosecution for an offense under paragraph (b)(2) of this section, it shall be an affirmative defense that the accused was presented with a piece of photo identification by the person on whom the accused performed the procedure setting forth such information that would lead a reasonable person to believe the individual was the person pictured on the identification and that the person was 18 years of age or older. Failure of the accused to present a photocopy of the identification to the court when raising a defense under this subsection shall be affirmative proof that no such identification exists.

(e) An act of tongue-splitting performed in violation of subsection (a) of this section constitutes both the practice of medicine without a license and the practice of dentistry without a license. Nothing in this section shall prohibit prosecution under the provisions of either § 1134 of Title 24 relating to the practice of dentistry without a license, or § 1766 of Title 24 relating to the practice of medicine without a license, or both.

(f) In addition to the penalties set forth herein, any person who has performed an act of tongue-splitting in violation of this section shall be held liable in a civil action, brought by any person aggrieved by such act, for actual damages or $1,000, whichever is greater; plus reasonable court costs and attorney fees.

(g) For the purposes of this section “tongue-splitting” means the surgical procedure of cutting a human tongue into 2 or more parts giving it a forked or multi-tipped appearance.
11 Del. C. § 1361 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1361
§ Â
        1361. Obscenity; acts constituting; class E felony or class G felony; subsequent violations.
Status: in_force

(a) A person is guilty of obscenity when the person knowingly:

(1) Sells, delivers or provides any obscene picture, videotape, video game, writing, record, audio cassette tape, compact disc or other representation or embodiment of the obscene;

(2) Presents or directs an obscene play, dance or performance or participates in that portion thereof which makes it obscene;

(3) Publishes, exhibits or otherwise makes available any obscene material;

(4) Possesses any obscene material for purposes of sale or other commercial dissemination; or

(5) Permits a person under the age of 12 to be on the premises where material harmful to minors, as defined by § 1365 of this title, is either sold or made available for commercial distribution and which material is readily accessible to or easily viewed by such minors. Any material covered by this paragraph shall not be considered readily accessible to or easily viewed by minors if it has been placed or otherwise located 5 feet or more above the floor of the subject premises or if the material is concealed so that no more than the top 3 inches is visible to the passerby.

(b) Obscenity is a class E felony if a person sells, delivers or provides any obscene picture, videotape, video game, writing, record, audio cassette tape, compact disc or other representation or embodiment of the obscene to a person under the age of 18. In all other cases, obscenity is a class G felony. In addition to the above penalties, upon conviction of obscenity involving live conduct as defined in § 1364 of this title, the court shall order the business or establishment which presented, displayed or exhibited such conduct closed for a period of 6 months.

(c) Notwithstanding Chapter 42 of this title, the minimum sentence for a subsequent violation of this section occurring within 5 years of a former conviction shall be a fine in the amount of $5,000, imprisonment for a minimum period of 9 months, no portion which may be suspended or reduced, and probation for a period of 2 years; provided, however, that where the defendant is an organization, the fine shall be $10,000. In addition to the above penalties, upon conviction of obscenity involving conduct as defined in § 1364 of this title, the court shall order the business or establishment which presented, displayed or exhibited such conduct closed for a period of 2 years.

(d) Where the criminality of conduct depends on a child being under the age of 12, paragraph (a)(5) of this section, or under the age of 18, subsection (b) of this section, it is no defense that the actor did not know the child’s age.
11 Del. C. § 1271 — Delaware Code / Title 11 / Chapter 5 / Subchapter VI / Section 1271
§ Â
        1271. Criminal contempt; class A misdemeanor; class B misdemeanor.
Status: in_force

A person is guilty of criminal contempt when the person engages in any of the following conduct:

(1) Disorderly, contemptuous or insolent behavior, committed during the sitting of a court, in its immediate view and presence, and directly tending to interrupt its proceedings or to impair the respect due to its authority; or

(2) Breach of the peace, noise or other disturbance directly tending to interrupt a court’s proceedings; or

(3) Intentional disobedience or resistance to the process, injunction or other mandate of a court; or

(4) Contumacious refusal to be sworn as a witness in any court proceeding or, after being sworn, to answer any proper interrogatory; or

(5) Knowingly publishing a false or grossly inaccurate report of a court’s proceedings; or

(6) Intentional refusal to serve as a juror; or

(7) Intentional and unexcused failure by a juror to attend a trial at which the person has been chosen to serve as a juror; or

(8) Intentional failure to appear personally on the required date, having been released from custody, with or without bail, by court order or by other lawful authority, upon condition that the person will subsequently appear personally in connection with a criminal action or proceeding.

Criminal contempt is a class A misdemeanor, except for violations of paragraph (1) of this section. A violation of paragraph (1) of this section shall be a class B misdemeanor.
11 Del. C. § 207 — Delaware Code / Title 11 / Chapter 2 / Section 207
§ Â
        207. When prosecution is barred by former prosecution for the same offense.
Status: in_force

When a prosecution is for a violation of the same statutory provisions and is based upon the same facts as a former prosecution, it is barred by the former prosecution under the following circumstances:

(1) The former prosecution resulted in an acquittal which has not subsequently been set aside. There is an acquittal if the prosecution resulted in a finding of not guilty by the trier of fact or in a determination by the court that there was insufficient evidence to warrant a conviction. A finding of guilty of a lesser included offense is an acquittal of the greater inclusive offense, although the conviction is subsequently set aside.

(2) The former prosecution was terminated, after the information had been filed or the indictment found, by a final order or judgment for the defendant, which has not been set aside, reversed or vacated and which necessarily required a determination inconsistent with a fact or a legal proposition that must be established for conviction of the offense.

(3) The former prosecution resulted in a conviction. There is a conviction if the prosecution resulted in a judgment of conviction which has not been reversed or vacated, a verdict of guilty which has not been set aside and which is capable of supporting a judgment or a plea of guilty or nolo contendere accepted by the court.

(4) The former prosecution was improperly terminated. Except as provided in this subdivision there is an improper termination of a prosecution if the termination is for reasons not amounting to an acquittal, and it takes place after the first witness is sworn but before verdict. Termination under any of the following circumstances is not improper:

a. The defendant consents to the termination or waives, by motion to dismiss or otherwise, the right to object to the termination.

b. The trial court declares a mistrial in accordance with law.
11 Del. C. § 1263A — Delaware Code / Title 11 / Chapter 5 / Subchapter VI / Section 1263A
§ Â
        1263A. Interfering with child witness.
Status: in_force

(a) A person commits an offense if, intending to interfere with or prevent the prosecution of any person, the person intentionally or knowingly:

(1) Removes a child from the county of residence of the child knowing that the child is or is likely to become a witness in a criminal case in the county of residence; or

(2) Refuses or fails to produce a child in the person’s custody before a court in which there is pending a criminal case in which the child is a witness; or

(3) Confers or offers or agrees to confer a benefit on another person in order to:

a. Cause a child to be removed from the county of residence of the child, knowing the child is or is likely to become a witness in a criminal case in the county of residence; or

b. Cause a person in custody of a child to refuse or fail to produce the child before a court in which there is pending a criminal case in which the child is a witness; or

(4) Harms or threatens to harm another person in order to:

a. Cause a child to be removed from the county of residence, knowing the child is or is likely to become a witness in a criminal case in the county of residence; or

b. Cause a person in custody of a child to refuse to produce the child before a court in which there is pending a criminal case in which the child is a witness.

(b) For purposes of this section:

(1) The county of residence of a child is the county in which the child resides at the time of the commission of the offense being prosecuted in the criminal case in which the child is a witness;

(2) A child is in the custody of a person if the person is the parent or guardian of the child, is acting in loco parentis to the child or exercises control over the location or supervision of the child; and

(3) A criminal case is pending in a court if an indictment, information or complaint in the case has been filed with or presented to the court.

(c) “Witness” as used in this section means any natural person:

(1) Having knowledge of the existence or nonexistence of facts relating to any crime; or

(2) Whose declaration under oath is received, or has been received, as evidence for any purpose; or

(3) Who has reported any crime to any peace officer, prosecuting agency, law-enforcement officer, probation officer, parole officer, correctional officer or judicial official; or

(4) Who has been served personally or through a parent, guardian, person acting in loco parentis or other custodian, with a subpoena issued under the authority of any court of this State, or any other state or of the United States; or

(5) Who would be believed by any reasonable person to be an individual described in any paragraph of this subsection.

An offense under paragraph (a)(2), (a)(3)b. or (a)(4)b. of this section is a class E felony.

An offense under paragraph (a)(1), (a)(3)a. or (a)(4)a. of this section is a class G felony unless the child is a complaining witness, in which event the offense is a class F felony.
11 Del. C. § 9420 — Delaware Code / Title 11 / Chapter 94 / Subchapter I / Section 9420
§ Â
        9420. Polygraph testing of a victim.
Status: in_force

(a) A law-enforcement officer, prosecutor, or other government official may not ask or require a victim of an alleged sex offense to submit to a polygraph examination or truth telling device as a condition for proceeding with the investigation.

(b) If a law-enforcement officer, prosecutor, or other government official violates subsection (a) of this section, the refusal of a victim to submit to a polygraph examination or other truth telling device does not prevent the investigation, charging, or prosecution of an alleged sex offense.
11 Del. C. § 8586 — Delaware Code / Title 11 / Chapter 85 / Subchapter VIII / Section 8586
§ Â
        8586. Activation of the Blue Alert Program.
Status: in_force

(a) The Blue Alert Program shall be activated when a suspect for a crime involving the death or serious injury of a law-enforcement officer has not been apprehended and may be a serious threat to the public. Upon notification by an investigating law-enforcement agency that a suspect in a case involving the death or serious injury of a peace officer has not been apprehended and may be a serious threat to the public, the investigating law-enforcement agency shall activate the Blue Alert system and shall notify appropriate participants in the Blue Alert system, as established by regulations promulgated pursuant to this subchapter, when the investigating law-enforcement agency believes that:

(1) A suspect has not been apprehended;

(2) A suspect may be a serious threat to the public; and

(3) Sufficient information is available to disseminate to the public that could assist in locating and apprehending the suspect.

(b) When a Blue Alert is activated pursuant to subsection (a) of this section, the investigating law-enforcement agency shall provide the descriptive information to the Delaware Criminal Justice Information System and the National Crime Information Center system. The investigating law-enforcement agency shall also notify the Delaware Information Analysis Center, which shall make all necessary notifications and provide appropriate assistance to the investigating law-enforcement agency.

(c) When an investigating law-enforcement agency receives notice that a law-enforcement officer has been seriously injured or killed, the agency shall send an alert to designated media outlets in Delaware. The alert must include all appropriate information that may assist in the speedy apprehension of the suspect, including a statement instructing any person with information relating to the incident causing the serious injury or death of the law-enforcement officer to contact the investigating law-enforcement agency.

(d) The investigating law-enforcement agency shall assess the appropriate boundaries of the Blue Alert based on the nature of the suspect and the circumstances surrounding the crime. The Blue Alert area may be less than statewide if the investigating law-enforcement agency determines that the nature of the event makes it probable that the suspect did not leave a designated geographic location.
11 Del. C. § 854A — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 854A
§ Â
        854A. Identity theft passport; application; issuance.
Status: in_force

(a) The Office of the Attorney General, in cooperation with any law-enforcement agency, may issue an identity theft passport to a person who is a victim of identity theft in this State and who has filed a police report citing that such person is a victim of a violation of § 854 of this title. A person who has filed with a law-enforcement agency a police report alleging identity theft may apply for an identity theft passport through any law-enforcement agency. The agency shall send a copy of the application and the supporting police report to the Office of the Attorney General. After processing the application and police report, the Office of the Attorney General may issue to the victim an identity theft passport in the form of a card or certificate which may include photo identification.

(b) A victim of identity theft may present that victim’s identity theft passport issued under subsection (a) of this section to the following:

(1) A law-enforcement agency to help prevent the victim’s arrest or detention for an offense committed by someone other than the victim who is using the victim’s identity;

(2) Any of the victim’s creditors to aid in a creditor’s investigation and establishment of whether fraudulent charges were made against accounts in the victim’s name or whether accounts were opened using the victim’s identity;

(3) A consumer reporting agency, as defined in § 603(f) of the federal Fair Credit Reporting Act (15 U.S.C. § 1681a(f)), which must accept the passport as an official notice of a dispute and must include notice of the dispute in all future reports that contain disputed information caused by the identity theft.

(c) Acceptance or rejection of an identity theft passport presented by the victim to a law-enforcement agency or creditor pursuant to paragraph (b)(1) or (2) of this section is at the discretion of the law-enforcement agency or creditor. In making a decision for acceptance or rejection, a law-enforcement agency or creditor may consider the surrounding circumstances and available information regarding the offense of identity theft pertaining to the victim.

(d) An application made with the Office of the Attorney General pursuant to subsection (a) of this section, including any supporting documentation, is confidential criminal justice information, is not a public record, and is specifically exempted from public disclosure under the Freedom of Information Act, Chapter 100 of Title 29. However, the Office of the Attorney General may provide access to applications and supporting documentation filed pursuant to this section to other criminal justice agencies in this or another State.

(e) The Office of the Attorney General shall adopt regulations to implement this section. The regulations must include a procedure by which the Office of the Attorney General is reasonably assured that an identity theft passport applicant has an identity theft claim that is legitimate and adequately substantiated.
11 Del. C. § 1455 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1455
§ Â
        1455. Engaging in a firearm or projectile weapon transaction on behalf of another; class E felony; class C felony.
Status: in_force

(a) A person is guilty of engaging in a firearm or projectile weapon transaction on behalf of another when the person purchases or obtains a firearm or projectile weapon on behalf of a person not qualified to legally purchase, own or possess a firearm or projectile weapon in this State or for the purpose of selling, giving or otherwise transferring a firearm or projectile weapon to a person not legally qualified to purchase, own or possess a firearm or projectile weapon in this State.

(b) Engaging in a firearm or projectile weapon transaction on behalf of another is a class E felony for the first offense, and a class C felony for each subsequent like offense.

(c) (1) A federal firearms licensee who suspects a person engaged in a firearm or projectile weapon transaction may be violating this section may alert SBI through the same hotline established under § 8572 of this title for background checks.

(2) Upon receiving notice of a possible transaction in violation of this section, SBI shall forward information relating to the transaction to the appropriate law-enforcement agency for further investigation.
11 Del. C. § 202 — Delaware Code / Title 11 / Chapter 2 / Section 202
§ Â
        202. All offenses defined by statute.
Status: in_force

(a) No conduct constitutes a criminal offense unless it is made a criminal offense by this Criminal Code or by another law.

(b) This section does not affect the power of a court to punish for civil contempt or to employ any sanction authorized by law for the enforcement of an order or a civil judgment or decree.
11 Del. C. § 8393 — Delaware Code / Title 11 / Chapter 83 / Subchapter III / Section 8393
§ Â
        8393. Establishment of Fund.
Status: in_force

There shall be established a State Police Retirement Fund, hereinafter referred to as the “Fund,” separate and distinct from the Fund established under subchapter II of this chapter, to which state 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. § 1110 — Delaware Code / Title 11 / Chapter 5 / Subchapter V / Section 1110
§ Â
        1110. Subsequent convictions of Ââ1108 or Ââ1109 of this title; class B felony.
Status: in_force

Any person convicted of a class B felony under § 1109 of this title who is convicted of a second or subsequent violation of that section shall, upon such second or subsequent conviction, be guilty of a class B felony. Any person convicted of a class B felony under § 1108 of this title who is convicted of a second or subsequent violation of that section shall, upon such second or subsequent conviction, be sentenced to life imprisonment.
11 Del. C. § 8391 — Delaware Code / Title 11 / Chapter 83 / Subchapter III / Section 8391
§ Â
        8391. Member contributions.
Status: in_force

Effective January 1, 2001, member contributions to the Fund shall be 7% of monthly compensation. 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.
11 Del. C. § 917 — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 917
§ Â
        917. New home construction fraud; class B felony; class D felony; class G felony; class A misdemeanor.
Status: in_force

(a) For the purpose of this section, the following definitions shall apply:

(1) A “dwelling” means a building which is usually occupied by a person lodging therein at night but shall not include a mobile home as defined in § 7003(13) of Title 25.

(2) A “home buyer” means a person who intends to enter into a new home construction contract for oneself or on behalf of any person.

(3) A “new home contractor” means any person who offers or provides new home construction services as a general contractor or a subcontractor and shall, in addition, include, but not be limited to, an architect, engineer or real estate broker or agent.

(4) “New home construction” means the erection, installation or construction of a dwelling on a fixed foundation on land which is owned or purchased by a home buyer.

(5) A “new home construction contract” is any agreement, whether written or oral, between a new home contractor and a home buyer whereby the new home contractor agrees to provide new home construction services in exchange for a payment of money.

(6) “Payment of money” means tender of money or other consideration of value by a home buyer or by any lending institution on behalf of the home buyer to a new home contractor as part of a new home construction contract.

(7) For the purpose of this section, land is “purchased” by a home buyer when the home buyer acquires it by sale, negotiation, mortgage, pledge, lien, gift or any other transaction creating an interest in the property prior to the formation of the new home construction contract, or if the home buyer is to purchase the land as part of the new home construction contract.

(b) A person is guilty of new home construction fraud who, with the intent specified in § 841 of this title, enters into a new home construction contract and:

(1) Uses or employs any false pretense or false promise as those acts are defined in §§ 843 and 844 of this title; or

(2) Receives payments and intentionally fails to use said payment or payments for the purpose or purposes identified in the new home construction contract and/or diverts said payment or payments to a use or uses other than the erection, installation or construction of the dwelling identified therein; or

(3) Receives payment or payments and fails to provide that person’s own true name or provides a false name, address or phone number of the business offering said new home construction services.

(c) For new home construction fraud under this section, it shall be prima facie evidence of the intent specified in § 841 of this title that the new home contractor:

(1) Has been previously convicted under this section, § 916 of this title, or § 3505 of Title 6 within 10 years of the first payment under the new home construction contract in question; or

(2) Is currently subject to any administrative order, judgment or injunction under Chapter 25 of Title 6 relating to new home construction or home improvements (as defined in paragraph (a)(4) of this section).

(d) New construction fraud is a class A misdemeanor, unless:

(1) The loss to the home buyer is $1,500 or more but less than $50,000, in which case it is a class G felony;

(2) The loss to the home buyer is at least $50,000 but less than $100,000, in which case it is a class D felony; or

(3) The loss to the home buyer is $100,000 or more, in which case it is a class B felony.

(e) For the purpose of calculating the amount of the loss to the home buyer, the loss shall be deemed to be the lesser of the total of all payments actually made by the home buyer or the cost to the home buyer to complete the new home construction according to the terms of the original new home construction contract, whether or not said new home is actually completed.
11 Del. C. § 1119 — Delaware Code / Title 11 / Chapter 5 / Subchapter V / Section 1119
§ Â
        1119. Distribution of tobacco products or tobacco substitutes through vending machines.
Status: in_force

(a) It shall be unlawful for any person to distribute or permit the distribution of tobacco products or tobacco substitutes through the operation of a vending machine in a public place, except as provided in subsection (b) of this section.

(b) Pursuant to subsection (a) of this section, a person may distribute or permit the distribution of tobacco products or tobacco substitutes through the operation of a vending machine in a taproom, tavern, tobacco shop or in premises in which an individual who has not attained the age of 21 years is prohibited by law from entering. A tobacco vending machine must be operated a minimum of 25 feet from any entrance to the premises and must be directly visible to the owner or supervisor of the premises.

(c) It shall be unlawful for any person who owns, operates or manages a business establishment where tobacco products or tobacco substitutes are offered for sale over the counter at retail to maintain such products in any display accessible to customers that is not under the control of a cashier or other employee. This prohibition shall not apply to business establishments to which individuals under the age of 21 are not admitted unless accompanied by an adult, tobacco vending machines as permitted under subsection (b) of this section, or tobacco stores. As used in this subsection, “under the control” means customers cannot readily access the tobacco products or tobacco substitutes without the assistance of a cashier or other employee. A display that holds tobacco products or tobacco substitutes behind locked doors shall be construed as under the control of a cashier or other employee.
11 Del. C. § 9207 — Delaware Code / Title 11 / Chapter 92 / Section 9207
§ Â
        9207. Hearing â Written decision and findings of fact to be delivered to officer.
Status: in_force

Any decision, order or action taken following the hearing shall be in writing and shall be accompanied by findings of fact. The findings shall consist of a concise statement upon each issue in the case. A copy of the decision or order accompanying findings and conclusions along with the written action and right of appeal, if any, shall be delivered or mailed promptly to the law-enforcement officer or to the officer’s attorney or representative of record.
11 Del. C. § 1265 — Delaware Code / Title 11 / Chapter 5 / Subchapter VI / Section 1265
§ Â
        1265. Bribe receiving by a juror; class E felony.
Status: in_force

A juror is guilty of bribe receiving by a juror when the juror solicits, accepts or agrees to accept any benefit from another person upon agreement or understanding that the juror’s vote, opinion, judgment, decision or other action as a juror will thereby be influenced.

Bribe receiving by a juror is a class E felony.
11 Del. C. § 860 — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 860
§ Â
        860. Possession of shoplifterâs tools or instruments facilitating theft; class F felony.
Status: in_force

(a) A person is guilty of possession of shoplifter’s tools or instruments facilitating theft when the person possesses any tool, instrument or other thing adapted, designed or commonly used for committing or facilitating:

(1) Offenses involving shoplifting; or

(2) Offenses involving the overriding, disabling or evading of a security device without authorization.

(3) [Deleted.]

(b) “Security device” includes any lock, whether mechanical or electronic, or any warning device designed to alert a person or the general public of a possible attempt to shoplift any goods, wares or merchandise that are displayed for sale. “Security device” specifically includes, but is not limited to, any electronic or other device that is attached or affixed to any goods, wares or merchandise on display for sale in a mercantile establishment.

(c) A person possesses shoplifting tools or instruments facilitating theft “under circumstances evincing an attempt to use or knowledge that some other person intends to use such” when the person possesses the tools or instruments at a time and a place proximate to the commission or attempt to commit a shoplifting offense or otherwise under circumstances not manifestly appropriate for what lawful uses the tools or instruments may have.

(d) Possession of shoplifters tools or instruments facilitating theft is a class F felony.
11 Del. C. § 5915 — Delaware Code / Title 11 / Chapter 59 / Section 5915
§ Â
        5915. Fines, costs and restitution; collection and disposition.
Status: in_force

(a) All fines, costs, restitution, penalties, charges and emoluments imposed or levied by the Justice of the Peace Court, including those costs now levied for constables, shall be for such amounts as are provided by law, and all such amounts imposed or levied shall be collected by the Justice of the Peace Court imposing the same for which a proper receipt shall be given to the person paying the same. Every and all amounts so collected shall be recorded showing the purpose for which the amounts were collected, the name of the person paying same and such other information as the Justice of the Peace Court may require. The information so maintained shall be open to inspection by the State Treasurer and the State Auditor or their authorized agents at all times. All fines and penalties collected for each calendar month shall be paid over by the Justice of the Peace Court to the State Treasurer within 15 days after the first day of the succeeding calendar month, provided that any such fines or forfeitures which, by the laws of this State, are due and payable to a county or municipality thereof shall be paid by the Justice of the Peace Court to the county or municipality entitled thereto.

(b) All fines collected for the violation of any of this title, in the limits of any county, incorporated city or town in this State where arrests are procured by the authorized representatives of that county, incorporated city or town, shall be paid to that county, incorporated city or town within which such offense was committed for the use of that county, incorporated city or town. Nothing in this subsection shall be construed to entitle any county to fines, penalties or forfeitures arising from an arrest made under this title by an authorized representative of that county for a violation committed within any incorporated city or town. All the fines, penalties and forfeitures imposed and collected in any county of this State for violation of any of the laws of this title, where the arrests are procured by the authorized representatives of the Department of Safety and Homeland Security, shall inure and be paid to the State Treasurer for the General Fund. Such fines, penalties and forfeitures shall be collected as other fines, penalties and forfeitures are collected under the laws of this State, and the officers collecting them shall make a monthly report thereof to the State Treasurer on blanks to be furnished for that purpose by the Department of Safety and Homeland Security. All costs collected for the violation of any of this title shall be paid to the jurisdiction whose court imposed said costs.
11 Del. C. § 845 — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 845
§ Â
        845. Theft of services.
Status: in_force

(a) A person commits theft when, with the intent specified in § 841 of this title, the person obtains services which the person knows are available only for compensation by deception, threat, false token, false representation or statement or by installing, rearranging or tampering with any facility or equipment or by any other trick, contrivance or any other device to avoid payment for the services.

(b) In any prosecution for theft of services where services have been obtained from a public utility by the installation of, rearrangement of or tampering with any facility or equipment owned or used by the public utility to provide such services, without the consent or permission of the public utility, or by any other trick or contrivance, it shall be a rebuttable presumption that the person to whom the services are being furnished has created, caused or knows of the condition which is a violation of this section.

(c) A person who has obtained services from a public utility by installing, rearranging or tampering with any facility or equipment owned or used by the public utility to provide such services, or by any other trick or contrivance, is presumed to have done so with an intent to avoid, or to enable others to avoid, payment for the services involved.

(d) The rebuttable presumptions referred to in subsections (b) and (c) of this section shall not apply to any person to whom such services have been furnished for less than 31 days or until there has been at least 1 meter reading.
11 Del. C. § 255 — Delaware Code / Title 11 / Chapter 2 / Section 255
§ Â
        255. Knowledge of high probability.
Status: in_force

When knowledge of the existence of a particular fact is an element of an offense, such knowledge is established if a person is aware of a high probability of its existence, unless the person actually believes that it does not exist.
11 Del. C. § 253 — Delaware Code / Title 11 / Chapter 2 / Section 253
§ Â
        253. Substitutes for criminal negligence, recklessness and knowledge.
Status: in_force

Whenever a statute provides that negligence suffices to establish an element of an offense, the element is also established if a person acts intentionally, knowingly, recklessly or with criminal negligence. When a statute provides that criminal negligence suffices to establish an element of an offense, the element also is established if a person acts intentionally, knowingly or recklessly. When recklessness suffices to establish an element of an offense, the element also is established if a person acts intentionally or knowingly. When acting knowingly suffices to establish an element of an offense, the element also is established if a person acts intentionally.
11 Del. C. § 8394 — Delaware Code / Title 11 / Chapter 83 / Subchapter III / Section 8394
§ Â
        8394. Employer pickup of member contributions.
Status: in_force

(a) Each participating employer, pursuant to the provisions of § 414(h)(2) of the United States Internal Revenue Code [26 U.S.C. § 414(h)(2)], shall pick up and pay the contributions which would otherwise be payable by the members under § 8391 of this title. The contributions so picked up shall be treated as employer contributions for purposes of determining the amounts of federal income taxes to withhold from the member’s compensation.

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

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

(d) The contributions, although designated as employee contributions, are being paid by the employer in lieu of the contributions by the employee. The employee will not be given the option of choosing to receive the contributed amounts directly instead of having them paid by the employer to the retirement system.
11 Del. C. § 462 — Delaware Code / Title 11 / Chapter 4 / Section 462
§ Â
        462. Justification â Execution of public duty.
Status: in_force

(a) Unless inconsistent with the ensuing sections of this Criminal Code defining justifiable use of physical force, or with some other provision of law, conduct which would otherwise constitute an offense is justifiable when it is required or authorized by a provision of law or by a judicial decree, including:

(1) Laws defining duties and functions of public officers;

(2) Laws defining duties of private citizens to assist public servants in the performance of certain of their functions;

(3) Laws governing the execution of legal process;

(4) Laws governing the military services and the conduct of war; and

(5) Judgments or orders of competent courts or tribunals.

(b) The justification afforded by subsection (a) of this section applies when:

(1) The defendant’s conduct is required or authorized by the judgment or order of a competent court or tribunal or in the lawful execution of legal process, notwithstanding lack of jurisdiction of the court or defect in the legal process; or

(2) The defendant believes the conduct to be required or authorized to assist a public officer in the performance of the officer’s duties, notwithstanding that the officer exceeded the officer’s legal authority.
11 Del. C. § 1225 — Delaware Code / Title 11 / Chapter 5 / Subchapter VI / Section 1225
§ Â
        1225. Inconsistent statements under oath; no need to prove one false; framing indictment; proof of irreconcilable inconsistency; conviction of lesser offense.
Status: in_force

When a person has made 2 statements under oath which are inconsistent to the degree that 1 of them is necessarily false, and the circumstances are such that each statement, if false, is perjurious, the inability of the prosecution to establish specifically which of the 2 statements is the false one does not preclude a prosecution for perjury. The prosecution may be conducted as follows:

(1) The indictment or information may set forth the 2 statements and, without designating either, charge that 1 of them is false and perjurious.

(2) The falsity of one or the other of the 2 statements may be established by proof of their irreconcilable inconsistency. Such proof is sufficient to establish a prima facie case of falsity.

(3) If perjury of different degrees would be established by the making of the 2 statements, hypothetically assuming that each is false and perjurious, the defendant may be convicted of the lesser degree at most.
11 Del. C. § 776 — Delaware Code / Title 11 / Chapter 5 / Subchapter II / Section 776
§ Â
        776. Continuous sexual abuse of a child; class B felony.
Status: in_force

(a) A person is guilty of continuous sexual abuse of a child when, either residing in the same home with the minor child or having recurring access to the child, the person intentionally engages in 3 or more acts of sexual conduct with a child under the age of 18 years of age over a period of time, not less than 3 months in duration.

(b) Sexual conduct under this section is defined as any of those criminal sexual acts defined under § 768, § 769, § 770, § 771, § 772, § 773, 777A, § 778, § 778A or § 1108 of this title.

(c) To convict under this section, the trier of fact, if a jury, need unanimously agree only that the requisite number of acts occurred, not on which acts constitute the requisite number.

(d) Continuous sexual abuse of a child is a class B felony.
11 Del. C. § 8543 — Delaware Code / Title 11 / Chapter 85 / Subchapter III / Section 8543
§ Â
        8543. Duties.
Status: in_force

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

(1) Provide a form of missing child report for use by private citizens and law-enforcement agencies.

(2) Establish a system of interstate communication of information relating to children determined to be missing.

(3) Provide a centralized file for the exchange of information of missing children within the State.

(4) Interface with the National Crime Information Center (“NCIC”) for the exchange of information on a missing child suspected of interstate travel.

(5) Collect, process, maintain, and disseminate information on missing children and strive to maintain or disseminate only accurate and complete information.

(6) Publish the name of and relevant available information on a missing child.

(7) Publish annual statistics regarding missing children.

(b) The Clearinghouse may establish and maintain a list of organizations and groups that provide volunteer search teams for resources relating to missing children.
11 Del. C. § 922 — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 922
§ Â
        922. Improper labeling; class G felony.
Status: in_force

(a) No person shall advertise or offer for sale or resale, or sell or resell, or possess for such purposes, any phonograph record, disc, wire, tape, film or other article on which sounds are recorded, unless the cover, box, jacket, or label clearly and conspicuously discloses the actual name and address of the manufacturer thereof, and the name of the actual performer or group.

(b) Violation of this section involving 100 or more improperly labeled sound recordings shall constitute a class G felony, otherwise it is/shall constitute an unclassified misdemeanor.

(c) A second or subsequent violation of this section involving 100 or more improperly labeled sound recordings, or in which the second or subsequent violation plus any and all prior violations of this section added together involve 100 or more improperly labeled sound recordings, shall constitute a class F felony.
11 Del. C. § 6570 — Delaware Code / Title 11 / Chapter 65 / Subchapter IX / Section 6570
§ Â
        6570. Title.
Status: in_force

This subchapter may be cited as the “Interstate Corrections Compact.”
11 Del. C. § 101 — Delaware Code / Title 11 / Chapter 1 / Section 101
§ Â
        101. Short title.
Status: in_force

Part I of this title shall be known as the “Delaware Criminal Code.”
11 Del. C. § 1232 — Delaware Code / Title 11 / Chapter 5 / Subchapter VI / Section 1232
§ Â
        1232. Perjury; no defense.
Status: in_force

It is no defense to a prosecution for perjury that:

(1) The accused was not competent under the relevant rules of evidence to make the false statement alleged; or

(2) The accused mistakenly believed the false statement to be immaterial; or

(3) The oath was administered or taken in an irregular manner; or

(4) A document purporting to be made upon oath and uttered or published as so made by the accused was not in fact made under oath; or

(5) The court in which the acts constituting the offense were committed lacked jurisdiction over the person of the accused or over the subject matter.
11 Del. C. § 1209 — Delaware Code / Title 11 / Chapter 5 / Subchapter VI / Section 1209
§ Â
        1209. Definitions relating to bribery and improper influence.
Status: in_force

As used in §§ 1201-1208 of this title:

(1) “Harm” means loss, disadvantage or injury, or anything so regarded by the person affected, including loss, disadvantage or injury to any other person in whose welfare the person is interested.

(2) “Party officer” means a person who holds any position or office in a political party, whether by election, appointment or otherwise.

(3) “Personal benefit” means gain or advantage to the recipient personally or anything regarded by the recipient as such gain or advantage, including gain or advantage conferred on the behalf or at the request of the person upon another person in whose welfare the person is interested but not a gain or advantage promised generally to a group or class of voters as a consequence of public measures which a candidate engages to support or oppose.

(4) “Public servant” means any officer or employee of the State or any political subdivision thereof, including legislators and judges, and any person participating as juror, advisor or consultant in performing a governmental function but the term does not include witnesses. This definition includes persons who are candidates for office or who have been elected to office but who have not yet assumed office.
11 Del. C. § 915A — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 915A
§ Â
        915A. Credit and debit card transaction receipts; unclassified misdemeanor.
Status: in_force

(a) Except as provided in subsection (b) of this section, a person who accepts credit or debit cards in exchange for goods or services shall print not more than 5 digits of that credit or debit card account number on the credit or debit card receipt provided to the cardholder.

(b) This section applies only to receipts that are electronically printed and does not apply to transactions in which the sole means of recording the credit or debit card number is by handwriting or by an imprint or copy of the credit or debit card.

(c) Violation of this section is an unclassified misdemeanor.
11 Del. C. § 8334 — Delaware Code / Title 11 / Chapter 83 / Subchapter II / Section 8334
§ Â
        8334. Establishment of Fund.
Status: in_force

There shall be established a State Police Retirement Fund, hereinafter referred to as “Fund,” to which state appropriations and other employer contributions shall be deposited monthly and to which employee contributions shall be deposited upon deduction from the employee’s paycheck and to which earnings on investments, any other contributions, gifts, donations, grants, 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. § 8410 — Delaware Code / Title 11 / Chapter 84 / Section 8410
§ Â
        8410. Uncertified police officers.
Status: in_force

(a) Police officers of the State or any county or municipality or the University of Delaware or Delaware State University who do not meet the requirements of this chapter and the criteria as established by the Commission have no authority to enforce the laws of the State.

(b) A police force of any county or municipality which does not meet the requirements of this chapter and the criteria established by the Commission will be ineligible to apply for or receive state aid to local law-enforcement funds.
11 Del. C. § 627 — Delaware Code / Title 11 / Chapter 5 / Subchapter II / Section 627
§ Â
        627. Prohibited acts as to substances releasing vapors or fumes; unclassified misdemeanor.
Status: in_force

No person shall:

(1) Intentionally smell or inhale the vapors or fumes from any substance having the property of releasing vapors or fumes for the purpose of producing a condition of intoxication, inebriation, exhilaration, stupefaction or lethargy or for the purpose of dulling the brain or nervous system; provided, that nothing in this section shall prohibit the inhalation of the vapors or fumes of any anesthesia for medical or dental purposes;

(2) Sell or offer to sell to any person any material, product or article of commerce containing any substance having a property of releasing vapors or fumes, if the person has knowledge or is in the possession of such facts that the person should have knowledge that the material, product or article of commerce sold or offered will be used for the purpose of committing any of the acts proscribed in paragraph (1) of this section;

(3) Purchase or offer to purchase for the person or any other person any material, product or article of commerce containing any substance having the property of releasing vapors and fumes if such purchase or offer to purchase is made for the purpose of committing any of the acts proscribed in paragraph (1) of this section.

Any violation of this section shall be an unclassified misdemeanor.
11 Del. C. § 9805 — Delaware Code / Title 11 / Chapter 98 / Section 9805
§ Â
        9805. Rules and regulations [For application of this section, see 84 Del. Laws, c. 372, Ââ3].
Status: in_force

The Superintendent may promulgate rules and regulations necessary to administer and enforce this chapter.
11 Del. C. § 4373A — Delaware Code / Title 11 / Chapter 43 / Subchapter VII / Section 4373A
§ Â
        4373A. Mandatory expungement; automatic.
Status: in_force

(a) A case that is eligible for mandatory expungement under § 4373 of this title is eligible for automatic expungement under this section.

(b) Beginning August 1, 2024, on a monthly basis, the State Bureau of Identification shall identify cases that are eligible for mandatory expungement and proceed under § 4372(e)(2) of this title to expunge the eligible records.

(c) The Department of Safety and Homeland Security may promulgate reasonable regulations necessary for the State Bureau of Identification to accomplish the purposes of this section.

(d) Nothing in this section precludes an individual from filing a petition for expungement of records under § 4373(a) of this title that are eligible for automatic expungement under this section if an automatic expungement has not occurred.

(e) An individual does not have a cause of action for damages as a result of the failure to identify an individual’s case as eligible for automatic expungement.
11 Del. C. § 603 — Delaware Code / Title 11 / Chapter 5 / Subchapter II / Section 603
§ Â
        603. Reckless endangering in the second degree; class A misdemeanor.
Status: in_force

(a) A person is guilty of reckless endangering in the second degree when:

(1) The person recklessly engages in conduct which creates a substantial risk of physical injury to another person; or

(2) Being a parent, guardian or other person legally charged with the care or custody of a child less than 18 years old, the person knowingly, intentionally or with criminal negligence acts in a manner which contributes to or fails to act to prevent the unlawful possession and/or purchase of a firearm by a juvenile. It shall be an absolute defense to this paragraph if the person charged had a lock on the trigger and did not tell or show the juvenile where the key to the trigger lock was kept. It shall also be an absolute defense to this paragraph if the person had locked the firearm in a key or combination locked container and did not tell or show the juvenile where the key was kept or what the combination was.

(b) Reckless endangering in the second degree is a class A misdemeanor.
11 Del. C. § 2002 — Delaware Code / Title 11 / Chapter 20 / Subchapter I / Section 2002
§ Â
        2002. Definitions.
Status: in_force

For purposes of this subchapter:

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

(2) “Crime” means defined as § 233 of this title.

(3) “Custodial interrogation” means questioning or other conduct by a law-enforcement officer which is reasonably likely to elicit an incriminating response from an individual and occurs when reasonable individuals in the same circumstances would consider themselves in custody.

(4) “Delinquent act” means an act committed by a child that, if committed by an adult, would constitute a crime.

(5) “Electronic recording” means an audio recording or an audio and video recording that accurately records a custodial interrogation. “Record electronically” and “recorded electronically” have a corresponding meaning.

(6) “Law-enforcement agency” means a governmental entity or individual authorized by a governmental entity or state law to enforce criminal laws or investigate suspected criminal activity. “Law-enforcement agency” does not include a law-enforcement officer.

(7) “Law-enforcement officer” means either of the following:

a. An individual employed by a law-enforcement agency whose responsibilities include enforcing criminal laws or investigating suspected criminal activity.

b. An individual acting at the request or direction of an individual described in paragraph (7)a. of this section.

(8) a. “Place of detention” means a fixed location under the control of a law-enforcement agency where individuals are questioned about alleged crimes or delinquent acts.

b. “Place of detention” includes a jail, police station, holding cell, correctional or detention facility, police vehicle, and, for a child, school.

(9) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

(10) “Statement” means communication whether oral, written, electronic, or nonverbal.
11 Del. C. § 1253 — Delaware Code / Title 11 / Chapter 5 / Subchapter VI / Section 1253
§ Â
        1253. Escape after conviction; class B felony; class C felony; class D felony.
Status: in_force

A person shall be guilty of escape after conviction if such person, after entering a plea of guilty or having been convicted by the court, escapes from a detention facility or other place having custody of such person or from the custody of the Department of Health and Social Services or the Department of Correction.

Escape after conviction shall be a class D felony; provided, however, that if the defendant uses force or the threat of force against another person or possesses a deadly weapon at the time of escape, it shall be a class C felony. If the defendant inflicts injury upon another person during the escape or from the time of escape until such person is again in custody, it shall be a class B felony. Any sentence imposed upon conviction of escape after conviction shall not run concurrently with any other sentence.
11 Del. C. § 8704 — Delaware Code / Title 11 / Chapter 87 / Section 8704
§ Â
        8704. Powers and duties.
Status: in_force

The Council shall:

(1) Continuously study the administration of justice in this State and develop and implement policies and programs for improving the effectiveness of the criminal justice system in this State;

(2) Receive, consider and, at its discretion, investigate criticisms and suggestions pertaining to the administration of justice in the State;

(3) Submit to the General Assembly each January a program of recommended legislation to improve the criminal justice system;

(4) Recommend to the Governor and criminal justice agencies and courts of the State or political subdivisions thereof, either upon request or upon the Council’s own motion, such changes in rules, organization or methods of operation as it may deem advisable;

(5) Review any application for federal funds by any criminal justice agency or court of the State or political subdivision thereof, prior to the submission of said application or request to the Delaware State Clearinghouse Committee, and provide the Clearinghouse Committee with any comments the Council deems appropriate;

(6) Allocate among the criminal justice agencies and courts of the State or political subdivisions thereof all federal funds for the improvement of the state criminal justice system if such funds are provided by the federal government in the form of a block or categorical grant;

(7) Have the authority to collect from any state or local governmental entity information, reports, statistics or other such material which is necessary to carry out the Council’s function;

(8) Provide training and technical assistance to criminal justice agencies;

(9) Perform such other duties as may be necessary to carry out this chapter;

(10) Allocate funds resulting from the certified copy fees for marriage license/certificates, pursuant to § 3132(b) of Title 16. Moneys resulting from the copy fees shall constitute The Domestic Violence Fund. The Fund shall be administered by the Criminal Justice Council and shall be used to make grants to programs providing direct services to victims of domestic violence and submit an annual report each fiscal year to the General Assembly delineating how and where the funds collected were spent. The Criminal Justice Council shall publish a Domestic Violence Fund, Request for Proposals, once a year and provide annual grants to eligible programs. The Domestic Violence Coordinating Council will participate in the review of grant applications. To be eligible to receive funds under this section, a domestic violence program must meet the following requirements:

a. It shall have been in operation on the preceding July 1 and shall continue to be in service;

b. It shall offer direct victim services; and

c. It must be a nonprofit corporation; and

(11) Oversee the Delaware Anti-Trafficking Action Council, established under § 787(k) of this title. The Criminal Justice Council shall have the duties and authorities with respect to the Delaware Anti-Trafficking Action Council that are necessary to carry out this paragraph (11).
11 Del. C. § 628 — Delaware Code / Title 11 / Chapter 5 / Subchapter II / Section 628
§ Â
        628. Vehicular assault in the third degree; class B misdemeanor [Transferred].
Status: in_force

A person is guilty of vehicular assault in the third degree when, while in the course of driving or operating a motor vehicle, the person’s criminally negligent driving or operation of said vehicle causes physical injury to another person.

Vehicular assault in the third degree is a class B misdemeanor.
11 Del. C. § 8599F — Delaware Code / Title 11 / Chapter 85 / Subchapter XI / Section 8599F
§ Â
        8599F. Renunciation.
Status: in_force

(a) In general. —

This Compact shall bind each party state until renounced by the party state.

(b) Effect. —

Any renunciation of this Compact by a party state shall:

(1) Be effected in the same manner by which the party state ratified this Compact; and

(2) Become effective 180 days after written notice of renunciation is provided by the party state to each other party state and to the federal government.
11 Del. C. § 476 — Delaware Code / Title 11 / Chapter 4 / Section 476
§ Â
        476. Racketeering activities; excluded defenses.
Status: in_force

(a) In any prosecution under Chapter 15 of this title where it is alleged that the offender or offenders were acting as members of a group or informal organization it shall be no defense to such prosecution or were engaged in any form of racketeering or racketeering activity, that:

(1) One or more members of the group or organization are not criminally responsible for the offense for which the prosecution is brought;

(2) One or more members of the group or organization have been acquitted, have not been prosecuted or convicted, have been convicted of a different offense or are immune from prosecution;

(3) A different person has been charged with, acquitted or convicted of any offense set forth in Chapter 15 of this title.

(b) Once an act of racketeering has been initiated by a group and there is a subsequent change in the number or identity of persons in such group or organization, as long as 2 or more of the original members remain in such group or are involved in a continuing course of conduct constituting an offense under Chapter 15 of this title, it shall be no defense to claim that the defendant was not part of the group or organization.
11 Del. C. § 2734 — Delaware Code / Title 11 / Chapter 27 / Subchapter II / Section 2734
§ Â
        2734. Receiving stolen property.
Status: in_force

A person charged with receiving stolen property may be prosecuted either in the county wherein the theft was committed or in the county where property was received.
11 Del. C. § 913 — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 913
§ Â
        913. Insurance fraud; class G felony.
Status: in_force

(a) A person is guilty of insurance fraud when, with the intent to injure, defraud or deceive any insurer the person:

(1) Presents or causes to be presented to any insurer, any written or oral statement including computer-generated documents as part of, or in support of, a claim for payment or other benefit pursuant to an insurance policy, knowing that such statement contains false, incomplete or misleading information concerning any fact or thing material to such claim; or

(2) Assists, abets, solicits or conspires with another to prepare or make any written or oral statement that is intended to be presented to any insurer in connection with, or in support of, any claim for payment or other benefit pursuant to an insurance policy, knowing that such statement contains any false, incomplete or misleading information concerning any fact or thing material to such claim.

Insurance fraud is a class G felony.

(b) All insurance claims forms shall contain a statement that clearly states in substance the following:

  “Any person who knowingly, and with intent to injure, defraud or deceive any insurer, files a statement of claim containing any false, incomplete or misleading information is guilty of a felony.”

The lack of such a statement shall not constitute a defense against prosecution under this section.

(c) For the purposes of this section, “statement” includes, but is not limited to, a police report, any notice, statement, proof of loss, bill of lading, receipt for payment, invoice, account, estimate of property damages, bill for services, diagnosis, prescription, hospital or doctor records, X rays, test result or other evidence of loss, injury or expense; “insurer” shall include, but is not limited to, a health service corporation or health maintenance organization; and “insurance policy” shall include, but is not limited to, the subscriber and members contracts of health service corporations and health maintenance organizations.
11 Del. C. § 767 — Delaware Code / Title 11 / Chapter 5 / Subchapter II / Section 767
§ Â
        767. Unlawful sexual contact in the third degree; class A misdemeanor.
Status: in_force

A person is guilty of unlawful sexual contact in the third degree when the person has sexual contact with another person or causes the victim to have sexual contact with the person or a third person and the person knows that the contact is either offensive to the victim or occurs without the victim’s consent.

Unlawful sexual contact in the third degree is a class A misdemeanor.
11 Del. C. § 6536A — Delaware Code / Title 11 / Chapter 65 / Subchapter VII / Section 6536A
§ Â
        6536A. Medical care [Effective July 21, 2026].
Status: in_force

(a) The Department shall make reasonable accommodations for the provision of available midwifery or doula services to pregnant or postpartum persons who have given birth in the last 6 weeks who are subject to the custody of the Department at Level IV or V. Persons providing midwifery or doula services must be granted appropriate facility access, must be allowed to attend and provide assistance during labor and childbirth where feasible, and must have access to the pregnant or postpartum person's relevant, otherwise protected health-care information if the pregnant or postpartum person seeking midwifery or doula services authorizes disclosure.

(b) The Department shall provide written notice to all pregnant and postpartum persons subject to the custody of the Department at Level IV or V of the availability of midwifery and doula services.

(c) Definitions. —

As used in this section:

(1) “Doula services” means services provided by a trained doula and designed to provide physical, emotional, or information support to a pregnant person before, during, and after delivery of a child. “Doula services” include the following:

a. Support and assistance during labor and childbirth.

b. Prenatal and postpartum education.

c. Breastfeeding assistance and lactation support.

d. Parenting education.

e. Support in the event that a postpartum person has been or will become separated from the child.

(2) “Midwife” means a midwife licensed under subchapter XIII of Chapter 17 of Title 24 or a certified nurse midwife licensed under Chapter 19 of Title 24.

(3) “Midwifery services” means medical aid rendered by a midwife to a person during prenatal, intrapartum, or postpartum stages, or to a postpartum person's newborn outside of the correctional facility up to 2 weeks of age.

(d) Subject to the availability of funds, the Department shall provide midwifery or doula services to pregnant or postpartum persons who have given birth in the last 6 weeks who are subject to the custody of the Department at Level IV or V.

(e) The Department shall ensure that pregnant persons subject to this section are able to meet with a doula or midwife to create a written birth plan surrounding the birth of their child. The birth plan shall include the following:

(1) Preferred methods of pain management during and after birth.

(2) A statement recommending the preferred caretaker of the newborn child.

(3) A statement on whether the pregnant person intends to express breast milk and a plan on how the pregnant person will do so.

(f) Nothing in this section prevents the Department from adopting policy guidelines for the delivery of midwifery or doula services to pregnant or postpartum person subject to the custody of the Department at Level IV or V. Services under this section may not supplant health-care services routinely provided to persons subject to the custody of the Department at Level IV or V.

(g) The Department shall publish an annual report with the following information regarding pregnant and postpartum persons subject to the custody of the Department at Level IV or V:

(1) The number of pregnant or postpartum persons eligible for doula and midwife assistance pursuant to this section.

(2) The number of times a doula or midwife is requested.

(3) The number of times a doula or midwife is provided.

(4) The reason why a doula or midwife is not provided if these services are requested.

(5) The number of birth plans created.

(6) The number of times lactation support is offered to each pregnant or postpartum person.

(7) The number of times the doula or midwife is able to attend a birth and reasons why a doula or midwife are not able to attend a birth.

(8) The number of times a doula or midwife provided postpartum assistance.

(h) The Department shall submit the annual report under subsection (g) of this section, along with the annual report created under § 6536B of this title, to the Governor, the General Assembly, and the Director and the Librarian of the Division of Legislative Services not later than January 1.
11 Del. C. § 9902 — Delaware Code / Title 11 / Chapter 99 / Section 9902
§ Â
        9902. Definitions [For application of this section, see 84 Del. Laws, c. 508, Â 2].
Status: in_force

For the purposes of this chapter:

(1) “Abuse” means as defined in § 1041 of Title 10.

(2) “Council” means the Family Justice Center Council set forth in § 9906 of this title.

(3) “Domestic violence” means as defined in § 1041 of Title 10.

(4) “Executive Director” means the Executive Director of the Family Justice Centers.

(5) “Family Justice Center” means a multi-agency, multidisciplinary service center that provides services to victims and survivors of domestic violence, abuse, sexual assault, stalking, or human trafficking in accordance with the mission set forth in § 9903 of this title.

(6) “Human trafficking” means as defined in § 787 of this title.

(7) “Sexual assault” means physical contact of a sexual nature perpetrated without consent or where consent is unable to be given.

(8) “Stalking” means a course of conduct directed at a specific person that would cause a reasonable person to fear physical injury to the person or to another person, or that would cause a reasonable person to suffer other significant mental anguish or distress.

(9) “Victim,” “victim of crime,” “survivor,” or “survivor of crime” means an individual who was subjected to 1 or more instance of domestic violence, abuse, sexual assault, stalking, or human trafficking, whether or not the victim or survivor reported the offense to law enforcement and whether or not any alleged perpetrator was charged or convicted.
11 Del. C. § 907A — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 907A
§ Â
        907A. Criminal impersonation, accident related; class G felony.
Status: in_force

A person is guilty of criminal impersonation, accident related, when after being in a motor vehicle accident involving serious physical injury or death to any person:

(1) A driver knowingly pretends to have been someone other than the driver of the vehicle the person was operating; or

(2) Any person knowingly pretends to have been a driver of 1 of the vehicles involved in the accident.

Criminal impersonation, accident related, is a class G felony. The driving privileges of anyone convicted of violating paragraph (1) of this section shall be suspended by the Division of Motor Vehicles for a period of 2 years.
11 Del. C. § 4344 — Delaware Code / Title 11 / Chapter 43 / Subchapter IV / Section 4344
§ Â
        4344. Compensation and expenses.
Status: in_force

(a) Each member of the Board except the Chairperson shall receive $300 per day, for services when attending a meeting of the Board. The meetings of the Board shall not exceed 50 in any year; however, the Governor may, in the Governor’s discretion, give written authorization to the Board to hold as many meetings in excess of 50 in any year as the business of the Board may require.

(b) In addition, each member shall receive mileage incurred attending such meetings and performing such duties.