11 Del. C. § 4205A — Delaware Code / Title 11 / Chapter 42 / Section 4205A
§ Â
        4205A. Additional penalty for serious sex offenders or pedophile offenders.
Status: repealed

(a) Notwithstanding any provision of this chapter or any other laws to the contrary, the Superior Court, upon the State’s application, shall sentence a defendant convicted of any crime set forth in § 771(a)(2), § 772, § 773, § 776, § 777, § 777A, § 778(1) or (2) of this title to not less than 25 years up to life imprisonment to be served at Level V if 1 of the following apply:

(1) The defendant has previously been convicted or adjudicated delinquent of any sex offense set forth in this title and classified as a class A or B felony, or any similar offense under the laws of another state, the United States or any territory of the United States.

(2) The victim of the instant offense is a child less than 14 years of age.

(b) [Repealed.]

(c) Notwithstanding any provision of this chapter or any other laws to the contrary, the Superior Court, upon the State’s application, shall sentence a defendant convicted of any crime set forth in subsection (a) of this section to an additional 5 years to be served at Level V for any sentence imposed under subsection (a) of this section if the victim of the crime set forth in subsection (a) of this section is a child less than 7 years of age.

(d) (1) Notwithstanding any provision of this chapter or any other laws to the contrary, the Superior Court, upon the State’s application, shall sentence a defendant convicted of any crime set forth in § 769 or § 783(4) of this title to not less than 5 years to be served at Level V if the victim of the crime is a child less than 7 years of age.

(2) Notwithstanding any provision of this chapter or any other laws to the contrary, the Superior Court, upon the State’s application, shall sentence a defendant convicted of a crime set forth in § 783A(4) of this title to not less than 10 years to be served at Level V if the victim of the crime is a child less than 7 years of age.
11 Del. C. § 8526 — Delaware Code / Title 11 / Chapter 85 / Subchapter I / Section 8526
§ Â
        8526. Voluntary fingerprinting of certain school children.
Status: in_force

(a) The Superintendent of State Police shall provide for the training on a time-available basis of volunteers who are nominated by the board of education of each reorganized school district or board of trustees of each private school from parent teacher associations, parent teacher organizations, citizens’ advisory councils or other involved groups such as the Girls’ Clubs of Delaware, Incorporated, who are involved in student activities or pilot programs dealing with the subject at hand, or as individuals for the purpose of voluntary fingerprinting of pupils in any grades from kindergarten through grade 9. Upon completion of such training prescribed by the Superintendent of State Police, such volunteers may take fingerprints pursuant to this section.

(b) Public and private school officials shall cooperate with the aforesaid organizations in the nomination of volunteers and in setting dates for fingerprinting pupils pursuant to this section and providing school facilities and personnel to assist the volunteers in the fingerprinting process; provided, however, unless otherwise approved by the local board of education that fingerprinting of a pupil shall not occur during school hours for said pupil.

(c) Each school shall provide a form authorizing a pupil’s participation in the fingerprinting program upon the signature of the pupil’s parent or guardian. No pupil shall be fingerprinted unless a signed authorization form is in the possession of school officials or person conducting the fingerprinting.

(d) School officials shall notify the parents or guardians of eligible pupils of the date set for the fingerprinting program at least 2 weeks prior thereto. For purposes of this subsection, “eligible pupils” means pupils who have not been fingerprinted previously pursuant to this section.

(e) Fingerprinting pursuant to this section shall be done on a fingerprint card provided by the school with the form thereof approved by the Superintendent of State Police. In addition to fingerprints the card shall contain the following information: Name, address, race, sex, date of birth, birthplace, height, weight, color of hair, color of eyes, complexion, scars and the name of the parent or guardian of the pupil.

(f) The completed fingerprint card and any duplicate shall be given to the pupil’s parent or guardian. Only upon the request of the pupil’s parent or guardian may a duplicate fingerprint card be made.
11 Del. C. § 8527 — Delaware Code / Title 11 / Chapter 85 / Subchapter I / Section 8527
§ Â
        8527. Criminal history background checks; state and/or federal CHRI reports; receipt by government agencies; procedures.
Status: in_force

(a) Notwithstanding any other provision of the law to the contrary, any recipient agency seeking a criminal history background check for the purposes of employing or licensing any individual in this State pursuant to a statutory mandate or authorization shall submit to the Bureau, in the manner and form designated by the Superintendent of State Police, fingerprints and other necessary information in order to obtain the following:

(1) A report of the individual’s entire state criminal history record information from the Bureau or a statement from the Bureau that the State Bureau of Identification Central Repository contains no such information relating to that person (state CHRI report);

(2) A report of the individual’s entire federal criminal history record information from the Federal Bureau of Investigation (federal CHRI report); and

(3) A report of an individual’s subsequent criminal history record information as part of ongoing monitoring and reporting through the Bureau, the FBI’s criminal history systems or the Rap Back System.

(b) Unless otherwise specified by statute, the recipient agency shall pay to the Bureau all fees associated with the acquisition of state and federal CHRI reports.

(c) All CHRI reports obtained pursuant this section shall be forwarded to the recipient agency for review associated with the employment and/or licensing of the individual for whom the CHRI reports are sought. For the purposes of this section the Bureau shall be the intermediary and the recipient agency shall be the screening point for the receipt of CHRI reports.

(d) All CHRI reports obtained pursuant to this section are confidential and may only be disclosed to the chief officer of the recipient agency, or the chief officer’s designee, or to the individual employed by the recipient agency who has been designated by statute to receive CHRI reports. If disclosed to a designee of the chief officer of the recipient agency, then prior to processing any state or federal CHRI reports, said designee shall receive training in confidentiality and shall sign an agreement to keep such information confidential. Notwithstanding the foregoing and unless otherwise specified by statute, any recipient agency to whom a CHRI report has been disclosed pursuant to this section shall review such CHRI report with the individual for whom it was sought upon the individual’s request.

(e) The State Bureau of Identification may release any subsequent CHRI reports to a recipient agency when properly requested. No federal CHRI report shall be disclosed to any private entity at any time except as expressly authorized by the Federal Bureau of Investigation.

(f) Information provided to the recipient agency pursuant this section by the individual for whom any CHRI report is being sought shall be accompanied by an oath or affirmation provided by the recipient agency and signed by the individual under penalty of perjury:

(1) Indicating that said information is true and complete to the best of the individual’s knowledge; and

(2) Acknowledging that knowingly and intentionally providing false, incomplete or inaccurate information is a felony.

(g) Any person for whom a CHRI report is being sought pursuant to this section who knowingly and intentionally provides a recipient agency or the Bureau with false, incomplete or inaccurate information shall be guilty of a class F felony and shall be punished according to Chapter 42 of this title. Conviction pursuant to this subsection shall not preclude prosecution for perjury in the second degree pursuant to Chapter 5 of this title.

(h) Fingerprints and other associated information/biometrics collected within this section will be retained for the purpose of continuous comparison to other fingerprints, associated information/biometrics, which are maintained by the Bureau and in the FBI’s Next Generation Identification (NGI) system or its successor systems (including civil, criminal, and latent fingerprint repositories).

(i) This section shall apply to any recipient agency seeking a state or federal CHRI report for the purposes of employing or licensing any individual in this State.
11 Del. C. § 2110 — Delaware Code / Title 11 / Chapter 21 / Section 2110
§ Â
        2110. Modification of bail, security or conditions of release and sanctions for violation [Effective July 1, 2026].
Status: in_force

(a) Unless reviewed earlier, a court with jurisdiction over the defendant shall review conditions of pretrial release for a defendant who remains detained after 72 hours from the defendant’s initial presentment as a result of the inability to meet conditions of pretrial release. This review shall occur within 10 days from the date of detention. Each court shall establish its procedure for timely review.

(b) A defendant, regardless of custody status, or the Attorney General, the Attorney General’s designee, a third-party private or commercial surety, the Department of Correction, or any person or nongovernmental organization to whom a defendant has been released for supervision may apply to the court for modification of any condition of pretrial release. The courts shall establish rules governing the procedure for motions to modify conditions of pretrial release. Motions to modify conditions of pretrial release shall be filed in and decided by the court that has jurisdiction over the defendant at the time the motion is made. The defendant, the Attorney General, or the Attorney General’s designee may make an oral application at any proceeding at which the parties are both present. Once a movant’s application is ruled upon, the movant may initiate subsequent review of conditions of pretrial release only upon a material change in circumstance.

(c) (1) Following a hearing alleging pretrial noncompliance and on a finding that the defendant violated 1 or more material conditions of pretrial release, the court with jurisdiction over the defendant, may continue the current conditions, remove or impose different or additional conditions on the defendant’s release, or revoke the defendant’s bail and reset pretrial conditions of release, including any financial conditions. On a finding that defendant violated a condition of appearance in court, any amount of surety posted to meet a financial term of release may be forfeited.

(2) A defendant who is eligible for preventive detention but was previously released pending adjudication and who wilfully violates any material condition of release may be subject to modification of release conditions or revocation of release and an order of preventive detention following a hearing under § 2116 of this title.

(d) The court may impose different or additional conditions of pretrial release or may remove conditions of pretrial release only when the facts of the individual case or the defendant’s circumstances demonstrate that the conditions to be removed are unnecessary or that the conditions to be added are necessary to reasonably assure the defendant’s appearance at court proceedings, reasonably assure the protection of the community, victims, witnesses, or any other person, and reasonably maintain the integrity of the judicial process, such that the defendant will not obstruct or attempt to obstruct justice.

(e) Upon disposition of the request to modify conditions of pretrial release, the court shall set forth on the record the reasons for amendment of or continuation of the conditions imposed.

(f) If the court modifies conditions of release, the court may impose any conditions under § 2108 of this title, when the conditions are necessary to reasonably assure the appearance of the defendant at court proceedings, reasonably assure the protection of the community, victims, witnesses, or any other person, and reasonably maintain the integrity of the judicial process, such that the defendant will not obstruct justice or attempt to obstruct justice. The court shall review the modified conditions with the defendant.(a) Unless reviewed earlier, a court with jurisdiction over the defendant shall review conditions of pretrial release for a defendant who remains detained after 72 hours from the defendant’s initial presentment as a result of the inability to meet conditions of pretrial release. This review shall occur within 10 days from the date of detention. Each court shall establish its procedure for timely review.

(b) A defendant, regardless of custody status, or the Attorney General, the Attorney General’s designee, a third-party private or commercial surety, the Department of Correction, or any person or nongovernmental organization to whom a defendant has been released for supervision may apply to the court for modification of any condition of pretrial release. The courts shall establish rules governing the procedure for motions to modify conditions of pretrial release. Motions to modify conditions of pretrial release shall be filed in and decided by the court that has jurisdiction over the defendant at the time the motion is made. The defendant, the Attorney General, or the Attorney General’s designee may make an oral application at any proceeding at which the parties are both present. Once a movant’s application is ruled upon, the movant may initiate subsequent review of conditions of pretrial release only upon a material change in circumstance.

(c) Following a hearing alleging pretrial noncompliance and upon a finding that the defendant violated 1 or more material conditions of pretrial release, the court with jurisdiction over the defendant, may continue the current conditions, remove or impose different or additional conditions upon the defendant’s release, or revoke the defendant’s bail and reset pretrial conditions of release, including any financial conditions. Upon a finding that defendant violated a condition of appearance in court, any amount of surety posted to meet a financial term of release may be forfeited.

(d) The court may impose different or additional conditions of pretrial release or may remove conditions of pretrial release only when the facts of the individual case or the defendant’s circumstances demonstrate that modification of conditions is necessary to reasonably ensure the defendant’s appearance at court proceedings, to protect the community, victims, witnesses, or any other person, and to maintain the integrity of the judicial process.

(e) Upon disposition of the request to modify conditions of pretrial release, the court shall set forth on the record the reasons for amendment of or continuation of the conditions imposed.

(f) If the court modifies conditions of release, the court may impose any conditions as are set forth in § 2108 of this title, when such conditions are necessary to provide a reasonable assurance of the appearance of the defendant at court proceedings, the protection of the community, victims, or any other person, and to maintain the integrity of the judicial process. The court shall review the modified conditions with the defendant.
11 Del. C. § 938 — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 938
§ Â
        938. Failure to promptly cease electronic communication upon request.
Status: in_force

(a) A person is guilty of the computer crime of failure to promptly cease electronic communication upon request when that person intentionally, recklessly or negligently, fails to stop sending commercial electronic mail to any receiving address or account under the control of any authorized user of a computer system after being requested to do so. All commercial electronic mail sent to any receiving address within the State shall have information to the recipient on how to unsubscribe or stop further receipt of commercial electronic mail from the sender.

(b) For the purposes of this section, conduct occurring outside of the State shall be sufficient to constitute this offense if such conduct is within the terms of § 204 of this title, or if the receiving address or account was under the control of any authorized user of a computer system who was located in Delaware at the time the authorized user received the electronic mail or communication and the defendant was aware of circumstances which rendered the presence of such authorized user in Delaware a reasonable possibility.
11 Del. C. § 841A — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 841A
§ Â
        841A. Theft of a motor vehicle; class G felony.
Status: in_force

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

(b) As used in this section “motor vehicle” means an automobile, motorcycle, van, truck, trailer, semitrailer, truck tractor and semitrailer combination, or any other vehicle which is self-propelled, which is designed to be operated primarily on a roadway as defined in § 101 of Title 21, and in, upon or by which any person or property is or may be transported. “Motor vehicle” as used in this section shall not include any device that is included within the definitions of “moped,” “off-highway (OHV),” “triped,” “motorized scooter or skateboard,” “motorized wheelchair” or “electric personal assistive mobility device (EPAMD)” as defined in § 101 of Title 21.

(c) Theft of a motor vehicle is a class G felony.
11 Del. C. § 909 — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 909
§ Â
        909. Securing execution of documents by deception; class A misdemeanor.
Status: in_force

A person is guilty of securing execution of documents by deception when, by knowingly misrepresenting the nature of the document, the person causes another person to execute any instrument affecting, purporting to affect or likely to affect the pecuniary interest of any person.

Securing execution of documents by deception is a class A misdemeanor.
11 Del. C. § 1402 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1402
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        1402. Foreign lotteries; prima facie evidence; class A misdemeanor.
Status: in_force

(a) A person is guilty of engaging in a foreign lottery when the person brings, sends or procures to be brought or sent into this State any scheme of any lottery or any drawing of any such scheme or any ticket or part of a ticket or certificate of or a substitute for any ticket or part of a ticket, and sells or offers for sale any such ticket or part of ticket or any certificate or substitute for a certificate, and circulates in any manner any scheme or any drawing.

(b) On the trial of any person under subsection (a) of this section any lottery scheme drawing, ticket, certificate of or a substitute for a ticket or parts of tickets, which shall be proved to have been by the accused brought or procured to be brought, or sent or procured to be sent into this State or printed or procured to be printed within this State, for the purpose of circulating the same by mail or otherwise, shall be prima facie evidence within the description of this section.

(c) Engaging in foreign lotteries is a class A misdemeanor.
11 Del. C. § 8842 — Delaware Code / Title 11 / Chapter 88 / Section 8842
§ Â
        8842. Employer contributions.
Status: in_force

The contribution of the county or municipality for each fiscal year shall be the percentage of covered payroll approved by the Board on the basis of the most recent actuarial valuation and shall equal:

(1) The normal cost; plus

(2) Adjustments for actuarial gains and losses or increases in benefits adopted on or subsequent to participation; plus

(3) Administrative costs.
11 Del. C. § 2520 — Delaware Code / Title 11 / Chapter 25 / Subchapter I / Section 2520
§ Â
        2520. Inquiry into guilt of accused.
Status: in_force

The guilt or innocence of the accused as to the crime of which the accused is charged may not be inquired into by the Governor or in any proceeding after the demand for extradition accompanied by a charge of crime in legal form as provided in this subchapter has been presented to the Governor, except as it is involved in identifying the person held as the person charged with the crime.
11 Del. C. § 4343 — Delaware Code / Title 11 / Chapter 43 / Subchapter IV / Section 4343
§ Â
        4343. Duties.
Status: in_force

The Board shall:

(1) Be the paroling authority for the State;

(2) Establish rules and regulations for the conduct of its own proceedings, and rules of procedure for the effective enforcement of this chapter. Copies of said rules and regulations shall be published and may be obtained upon request;

(3) Determine the salary of any employee within the total appropriation in addition to proper expenses;

(4) Meet at least once a month, for the transaction of business, and a sufficient other number of times as shall be necessary adequately to perform its duties under this chapter;

(5) Keep a record of its acts and notify each applicant for parole, and the Department of its decisions;

(6) Consult with the Department in the formulation and establishment of policies and procedures, fully to carry out the objectives of parole and correctional treatment in the best interests of the public;

(7) Cooperate with the Department in preparing the annual report of the Board to be submitted to the Governor and make available and submit to the Department all statistical and other data of its work and compilation and analysis of dispositions as it shall require. The Board may make a separate statement or include such statement in the report of the Department to the Governor;

(8) Act as advisory board to the Board of Pardons. When a person in legal custody of the Department of Correction applies to the Board of Pardons for recommendation for a pardon or commutation of sentence, the Parole Board, upon request, shall furnish to each member of the Board of Pardons and to the Governor a report of the record of such person, which shall include its opinion as to the state of rehabilitation of such person.
11 Del. C. § 2103 — Delaware Code / Title 11 / Chapter 21 / Section 2103
§ Â
        2103. Persons charged with a capital crime [Effective until July 1, 2026].
Status: in_force

(a) A capital crime shall not be bailable, and a person so charged shall be held in custody without bail until the charge be withdrawn, reduced or dismissed or until the court shall otherwise order after a trial which results in less than a conviction of a capital crime or except as provided in subsection (b) of this section.

(b) The Superior Court may admit to bail a person charged with a capital crime if, after full inquiry, the Superior Court shall determine that there is good ground to doubt the truth of the accusation, and the burden of demonstrating such doubt shall be on the accused.(a) A capital crime shall not be bailable, and a person so charged shall be held in custody without bail until the charge be withdrawn, reduced or dismissed or until the court shall otherwise order after a trial which results in less than a conviction of a capital crime or except as provided in subsection (b) of this section.

(b) The Superior Court shall admit to bail a person charged with a capital crime unless, after full inquiry, the Superior Court determines that the proof is positive or the presumption great.
11 Del. C. § 4120A — Delaware Code / Title 11 / Chapter 41 / Subchapter III / Section 4120A
§ Â
        4120A. Sex Offender Management Board.
Status: in_force

(a) The General Assembly hereby declares that the comprehensive evaluation, identification, classification, treatment, and continued monitoring of sex offenders who are subject to the supervision of the criminal justice system is necessary in order to work toward the reduction of recidivism by such offenders. Therefore, the General Assembly hereby creates a Board which shall develop and standardize the evaluation, identification, classification, treatment, and continued monitoring of sex offenders at each stage of the criminal justice system so that such offenders will curtail recidivistic behavior and the protection of victims and potential victims will be enhanced. The General Assembly hereby recognizes that some sex offenders cannot or will not respond to treatment and that, in creating the Board described in this section, the General Assembly does not intend to imply that all sex offenders can be successful in treatment. Further, the General Assembly mandates that each member agency as outlined below must act in accordance with the standards established by the Board.

(b) Definitions. — As used in this section, unless the context otherwise requires, the following words and phrases shall have the meaning ascribed to them in this section:

(1) “Board” means the Sex Offender Management Board created in this § 4120A.

(2) “Sex offender” or “offender” means any person who has ever been convicted or adjudicated of an offense as defined in Title 11, §§ 761 and 4121(a)(4) of this title.

(3) “Treatment” means therapy, monitoring, and supervision of any sex offender which conforms to the standards created by the State’s Sex Offender Management Board.

(c) Creation of the Sex Offender Management Board. — (1) There is hereby created, in the Delaware Department of Safety and Homeland Security, a Sex Offender Management Board which shall consist of the following members:

a. The President Judge of the Delaware Superior Court, or the President Judge’s designee;

b. The Commissioner of the Delaware Department of Correction, or the Commissioner’s designee;

c. A representative from the Office of Probation and Parole appointed by the Commissioner of the Delaware Department of Correction;

d. The Chairperson of the Board of Parole or the Chairperson’s designee;

e. A representative from the Division of Prevention and Behavioral Health Services appointed by the Secretary for the Delaware Department of Children, Youth and Their Families;

f. One licensed mental health professional with experience in treatment of adult sex offenders appointed by the Governor, and who shall serve on the Board for a term of 4 years;

g. One member at-large who can represent sex abuse victims, victims’ rights organizations, and/or the community at large appointed by the Governor, and who shall serve on the Board for a term of 4 years;

h. The Secretary for the Delaware Department of Health and Social Services, or the Secretary’s designee;

i. The Superintendent of the Delaware State Police, or the Superintendent’s designee;

j. One member who is a recognized expert in the treatment of juvenile sex offenders, appointed by the Governor, and who shall serve on the Board for a term of 4 years;

k. The Attorney General for the State, or the Attorney General’s designee;

l. The Chief Defender of the State, or the Chief Defender’s designee;

m. The Chairperson of the Police Chief’s Council of Delaware, or the Chairperson’s designee;

n. Two members appointed by the Governor who are recognized experts in the field of sexual abuse and who can represent sexual abuse victims and victims’ rights organizations, and who shall serve on the Board for a term of 4 years;

o. A member of the Delaware State Police Sex Offender Registry appointed by the Superintendent of the Delaware State Police;

p. The Executive Director of Delaware Criminal Justice Information System (DELJIS), or the Executive Director’s designee;

q. A representative from Youth Rehabilitative Services appointed by the Secretary for the Delaware Department of Children, Youth and Their Families;

r. One member from the Delaware Department of Education who has experience in dealing with juvenile sex offenders in the public school system appointed by the Secretary for the Delaware Department of Education;

s. The Chief Judge of Family Court or the Chief Judge’s designee; and,

t. The Secretary for the Delaware Department of Safety and Homeland Security, or the Secretary’s designee.

(2) Members shall serve without compensation.

(3) The Secretary of the Delaware Department of Safety and Homeland Security shall preside as Chairperson of the Board or shall appoint a presiding officer for the Board from among the members appointed in paragraph (c)(1) of this section who shall preside over the Board as Chairperson for a period not to exceed 2 years.

(4) The Board shall elect from amongst its membership, a Vice Chair, who shall become the Chairperson of the Board upon the expiration of the Chairperson’s term.

(5) The Board shall meet on a regular basis. Meetings shall be subject to all relevant open-meeting laws and regulations.

(6) The Sex Offender Management Board shall adopt bylaws, within 6 months from the enactment of this section, to govern itself. Such bylaws shall include, at a minimum, the factors outlined within this section.

(7) The Board may, as needed and appropriate, create subcommittees, task forces, or working groups to explore specific issues or opportunities or to provide subject matter expertise in the promulgation of the rules and regulations and the development of standards and programs as they relate to the evaluation, identification, classification, treatment and continued monitoring of sex offenders within the criminal justice system.

(8) The Board shall adopt rules and regulations to effectuate compliance by all affected agencies.

(d) The duties and authority of the Sex Offender Management Board shall be as follows:

(1) Prior to January 1, 2011, the Board shall develop and prescribe a standardized procedure for the evaluation, identification, and classification of adult and juvenile sex offenders. Such procedure shall provide for an evaluation, identification, and classification of the offender and recommend behavior management, monitoring, and treatment based upon the knowledge that some sex offenders are extremely habituated and that there is no known cure for the propensity to commit sexual abuse. The Board shall develop and implement measures of success based upon a no-cure policy for intervention. The Board shall develop and implement methods of intervention for sex offenders which have as a priority the physical and psychological safety of victims and potential victims and which are appropriate to the needs of the particular offender, so long as there is no reduction of the safety of victims and potential victims.

(2) Prior to January 1, 2011, the Board shall develop guidelines and standards for a system of programs for the treatment of sex offenders which can be utilized by offenders who are incarcerated or under the supervision of the Department of Correction or the Board of Parole. The programs developed pursuant to this subsection shall be as flexible as possible so that such programs may be utilized by each offender to prevent the offender from harming victims and potential victims. Such programs shall be structured in such a manner that the programs provide a continuing monitoring process as well as a continuum of treatment programs for each offender as that offender proceeds through the criminal justice system and may include, but shall not be limited to, group counseling, individual counseling, outpatient treatment, inpatient treatment, or treatment in a therapeutic community. Also, such programs shall be developed in such a manner that, to the extent possible, the programs continue to be accessible by all offenders in the criminal justice system.

(3) On or before January 1, 2011, the Board shall consult on and approve the risk assessment screening instrument to assist any sentencing authority in determining the likelihood that an offender would commit 1 or more sex offenses. In carrying out this duty, the Board shall consider sex offender risk assessment research and shall consider as 1 element the risk posed by a sex offender who suffers from a mental abnormality, psychosis, or personality disorder that makes the person more likely to engage in sexually violent predatory offenses.

(4) The Board shall develop criteria for measuring a sex offender’s progress in treatment. The criteria shall be designed to assist the Courts and the State Board of Parole in determining whether a sex offender would pose an undue public safety threat to the community if that sex offender were released from incarceration, released to a reduced level of supervision, or discharged from probation or parole. The criteria shall not limit the decision-making authority of the courts or the State Board of Parole.

(5) The Board shall research and analyze the effectiveness of the monitoring and tracking, evaluation, identification, classification, and treatment procedures and programs developed pursuant to this section. The Board shall also develop and prescribe a system for implementation of the guidelines and standards developed pursuant to this § 4120A and for tracking offenders who have been subjected to evaluation, identification, classification, and treatment pursuant to this section. The Board shall implement the guidelines and standards so developed in this § 4120A by no later than January 1, 2012.

(6) The Board shall research and analyze the safety issues raised by living arrangements for and the location of sex offenders within the community, including but not limited to shared or structured living arrangements. At a minimum, the Board shall consider the issues raised by the location of sex offender residences, especially in proximity to public or private schools and child care facilities, and public notification of the location of sex offender residences. On or before July 15, 2010, the Board shall prepare and submit a report concerning the research and analysis conducted pursuant to this paragraph and any related legislative recommendations. The Board shall submit the report to the Public Safety, Judiciary and Corrections Committees of the House of Representatives and the Senate. On or before January 1, 2012, the Board shall adopt such guidelines as it may deem appropriate regarding the living arrangements and location of sex offenders. The Board shall accomplish the requirements specified in this paragraph within existing appropriations.

(7) Prior to January 1, 2012, the Board, in collaboration with law-enforcement agencies, victim advocacy organizations, the Department of Education, and the Department of Safety and Homeland Security, shall develop, for use by schools, educational materials regarding general information about sex offenders, safety concerns related to sex offenders, and other relevant material. The Board shall provide these materials to the Department of Education, and the Department of Education shall make these materials available to schools in the State.

(8) The Board and the individual members thereof shall be immune from any liability, whether civil or criminal, for the good faith performance of the duties of the Board as specified in this section except when such performance constitutes wilful or wanton conduct or gross negligence.

(e) Each sex offender sentenced by a court for an offense committed on or after January 1, 2010, shall be required, as a part of any sentence to probation, community corrections, or incarceration with the Department of Correction, to undergo treatment to the extent appropriate to such offender based upon the recommendations of the evaluation and identification.

(f) Each sex offender placed on parole by the State Board of Parole on or after January 1, 2010, shall be required, as a condition of such parole, to undergo treatment based upon the recommendations of the evaluation and identification regarding such offender during the offender’s incarceration or any period of parole.

(g) The Board shall require any person who applies for placement, including any person who applies for continued placement, on the list of persons who may provide sex offender treatment and sex offender services pursuant to this section, to submit fingerprints and other necessary information in order to obtain the following:

(1) A report of the applicant’s entire criminal history record from the State Bureau of Identification or a statement from the State Bureau of Identification that the State Bureau of Identification Central Repository contains no such information relating to that person.

(2) A report of the applicant’s entire federal criminal history record pursuant to the Federal Bureau of Investigation appropriation of Title II of Public Law 92-544 (28 U.S.C. § 534). The State Bureau of Identification shall be the intermediary for the purposes of this section and the Board shall be the screening point for the receipt of said federal criminal history records.

(3) The Board may obtain such other information and recommendations from third parties which may be relevant to the applicant’s fitness to provide sex offender treatment and sex offender services pursuant to this section.

(h) The Board shall use the information obtained from the State and national criminal history record check and the current background investigation in determining whether to place or continue the placement of the person on the approved provider list.
11 Del. C. § 8525 — Delaware Code / Title 11 / Chapter 85 / Subchapter I / Section 8525
§ Â
        8525. Information voluntarily supplied by individuals.
Status: in_force

Whenever a person appears before any of the officers mentioned in § 8507 of this title, and requests an impression of the person’s fingerprints, such mentioned officer shall comply with the request, and make at least 2 copies of the impressions on forms supplied by the Bureau. One copy shall be forwarded to the Federal Bureau of Investigation at Washington, D.C., and 1 copy shall be forwarded promptly to the Bureau, subject to § 8513 of this title, together with any personal identification data obtainable. The Bureau shall accept and file such fingerprints and personal identification data submitted voluntarily by such resident in a separate filing system, for the purpose of securing a more certain and easy identification in case of death, injury, loss of memory or change of appearance.
11 Del. C. § 2309A — Delaware Code / Title 11 / Chapter 23 / Subchapter I / Section 2309A
§ Â
        2309A. Objects subject to search and seizure.
Status: in_force

(a) When used in this subchapter, the terms “property” and “papers, articles or things” shall, in addition to their ordinary meanings, include any funds placed in a bank or other monetary account.

(b) Any papers, articles, things or other property which represent or is traceable to the fruits of a crime or which represent or is traceable to the proceeds obtained, directly or indirectly, as a result of the commission of a crime, shall be subject to search and seizure pursuant to this subchapter.
11 Del. C. § 6551 — Delaware Code / Title 11 / Chapter 65 / Subchapter VIII / Section 6551
§ Â
        6551. Cooperation with other departments and agencies.
Status: in_force

The Department shall cooperate with the courts and with public and private agencies and offices to assist it in attaining its purposes. The Department may enter into agreements with other departments of federal, state and municipal government for the employment of persons committed to the charge of the Department.
11 Del. C. § 873 — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 873
§ Â
        873. Tampering with public records in the second degree; class A misdemeanor.
Status: in_force

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

Tampering with public records in the second degree is a class A misdemeanor.
11 Del. C. § 9403 — Delaware Code / Title 11 / Chapter 94 / Subchapter I / Section 9403
§ Â
        9403. Rights of victims.
Status: in_force

A victim of crime has all of the following rights:

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

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

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

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

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

1. The individual waives confidentiality in writing.

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

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

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

(2) To the expeditious disposition of the criminal action.

a. The court shall consider the interest of the victim in a speedy prosecution.

b. If the victim is a child, the trial must be expedited, especially if the case involves child abuse or child sexual abuse.

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

(3) To be safe.

a. A law-enforcement agency shall provide information to a victim about the procedures to follow if the victim is threatened, intimidated, or harassed.

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

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

d. A law-enforcement agency must provide a victim notice of the availability of information concerning pretrial release.

e. Postconviction, a victim has a right to notice of the defendant’s projected release date and actual date of release or release to a community-based program.

(4) a. To confer with the prosecutor.

b. If the victim is an individual with a cognitive disability, to an explanation, in language the victim understands, of all proceedings in which the victim will be involved.

(5) To review the portions of recordings derived from body-worn cameras that includes statements made by the victim.

(6) To be present at all stages of criminal proceedings for the crime under § 3512 of this title.

a. A victim must be promptly informed of the date, time, and place of each proceeding at which the victim has a right to be present or if a proceeding has been rescheduled, unless the victim requests that notice of proceedings not be provided.

b. A member of the victim’s family has the right to attend proceedings with the victim.

c. A victim may designate another individual to attend proceedings if the victim chooses not to attend.

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

e. If the victim is an individual with a cognitive disability, the individual who attends the proceedings under paragraph (6)d. of this section may advise the judge, when appropriate, as a friend of the court, regarding the victim’s cognitive disability and the victim’s ability to understand proceedings and questions.

(7) To be notified of significant developments regarding the defendant or the case, including any of the following:

a. If the Department of Justice chooses not to pursue prosecution and the legal basis for the decision.

b. Any appeal or request for postconviction remedy, information about related hearings, and the decision from any such hearing.

c. If there is a change or a pending change in the defendant’s custody status.

(8) To have a voice in the sentencing and postsentencing process, including all of the following:

a. To confer with the Investigative Services Officer during a presentence investigation under § 4331 of this title.

b. To be present at sentencing and to make a statement. This statement may be made in addition to the statement under § 4331 of this title.

c. To address, in writing or in person, the Board of Parole under § 4347 of this title and the Board of Pardons under § 4361 of this title.

(9) a. If available, to have a victim advocate present with them during all of the following:

1. A medical exam.

2. Meetings with law-enforcement, including when reporting and during interviews.

3. Trial preparation.

4. Court appearances, including a hearing for a Protection From Abuse or Sexual Violence Protective order, a trial and ancillary discussions, or sentencing.

5. A hearing of the Board of Parole or the Board of Pardons.

b. Paragraph (9)a. of this section means that a victim advocate cannot be prohibited from attending with a victim if the victim requests that the victim advocate attend.

c. Paragraph (9)a. of this section does not require that a law-enforcement agency or victim services agency make a victim advocate available to attend an event with a victim.

(10) To the prompt return of property from a law-enforcement agency when the property is no longer needed for evidentiary purposes unless the property is illegal or subject to forfeiture.

(11) a. To information about victim services.

b. If a victim is an individual with a cognitive disability, the victim’s family is also entitled to the information under paragraph (11)a. of this section and to specific information regarding coping with the emotional impact of the crime and the subsequent proceedings in which the victim will be involved.

(12) a. To notice of the rights of victims under this chapter.

b. To file a complaint against the law-enforcement agency under § 9402 of this title for non-compliance with this chapter.
11 Del. C. § 2409 — Delaware Code / Title 11 / Chapter 24 / Subchapter I / Section 2409
§ Â
        2409. Civil liability; defense to civil or criminal action.
Status: in_force

(a) Civil liability. — Any person whose wire, oral or electronic communication is intercepted, disclosed or used in violation of this chapter shall have a civil cause of action against any person who intercepts, discloses, uses, or procures any other person to intercept, disclose or use the communications and be entitled to recover from any person:

(1) Actual damages, but not less than liquidated damages computed at the rate of $100 a day for each day of violation or $1,000, whichever is higher;

(2) Punitive damages; and,

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

(b) Defense. — A good faith reliance on a court order or legislative authorization shall constitute a complete defense to any civil or criminal action brought under this chapter or under any other law.
11 Del. C. § 8535 — Delaware Code / Title 11 / Chapter 85 / Subchapter II / Section 8535
§ Â
        8535. Missing person report involving a child.
Status: in_force

(a) If a report of a missing person under § 8532 of this title involves a child, the law-enforcement agency preparing the report under § 8533 of this title shall comply with § 8544 of this title.

(b) If a report of a missing person under § 8532 of this title involves a child, the law-enforcement agency may not prevent an immediate active investigation based on an agency rule that specifies an automatic time limitation for a missing person investigation.
11 Del. C. § 2513 — Delaware Code / Title 11 / Chapter 25 / Subchapter I / Section 2513
§ Â
        2513. Arrest prior to requisition.
Status: in_force

Whenever any person within this State shall be charged on the oath of any credible person before any judge or justice of the peace of this State with the commission of any crime in any other state and, except in cases arising under § 2506 of this title, with having fled from justice, or with having been convicted of a crime in that state and having escaped from confinement, or having broken the terms of bail, probation or parole, or whenever complaint has been made before any judge or justice of the peace in this State setting forth on the affidavit of any credible person in another state that a crime has been committed in such other state and that the accused has been charged in such state with the commission of the crime, and, except in cases arising under § 2506 of this title, has fled from justice, or with having been convicted of a crime in that state and having escaped from confinement, or having broken the terms of bail, probation or parole, and is believed to be in this State, the judge or justice of the peace shall issue a warrant directed to any peace officer commanding the officer to apprehend the person named therein, wherever the person so named is found in this State, and to bring the accused before the same or any other judge, justice of the peace or court who or which is available in or convenient of access to the place where the arrest is made, to answer the charge or complaint and affidavit.
11 Del. C. § 1356 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1356
§ Â
        1356. Definitions relating to prostitution.
Status: in_force

As used in §§ 1342-1355 of this title:

(1) “Advance prostitution.” — A person advances prostitution when, acting other than as a prostitute or as a patron thereof, the person knowingly causes or aids a person to commit or engage in prostitution, procures or solicits patrons for prostitution, provides persons or premises for prostitution purposes, operates or assists in the operation of a house of prostitution or a prostitution enterprise or engages in any other conduct designed to institute, aid or facilitate an act or enterprise of prostitution.

(2) “Profit from prostitution.” — A person profits from prostitution when, acting other than as a prostitute receiving compensation for personally rendered prostitution services, the person accepts or receives money or other property pursuant to an agreement or understanding with any person whereby the person participates or is to participate in the proceeds of prostitution activity.

(3) “School” means any preschool, kindergarten, elementary school, secondary school, vocational technical school or any other institution which has as its primary purpose the education or instruction of children under 18 years of age.

(4) “Sexual conduct” means any act designed to produce sexual gratification to either party. It is not limited to intercourse or deviate sexual intercourse.
11 Del. C. § 1422 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1422
§ Â
        1422. Posting of notice.
Status: in_force

If the occupant or owner cannot be found, the prescribed notice shall be posted upon the outside of the premises.
11 Del. C. § 3106 — Delaware Code / Title 11 / Chapter 31 / Section 3106
§ Â
        3106. Allegation of intent to defraud.
Status: in_force

Whenever it may be necessary, in any indictment or information, to allege an intent to injure or defraud, it shall be sufficient to allege an intent to injure or defraud without naming the particular person or body corporate intended to be injured or defrauded, and on the trial of the action it shall not be deemed a variance, but be deemed sufficient, if there appear to be an intent to injure or defraud the United States, or any state, territory, county, town or other municipal or public corporation, or any public officer in an official capacity, or any private corporation, copartnership or member thereof, or any particular person or persons.
11 Del. C. § 605 — Delaware Code / Title 11 / Chapter 5 / Subchapter II / Section 605
§ Â
        605. Abuse of a pregnant female in the second degree; class C felony.
Status: in_force

(a) A person is guilty of abuse of a pregnant female in the second degree when in the course of or in furtherance of the commission or attempted commission of assault third degree or any violent felony against or upon a pregnant female, or while in immediate flight therefrom, the person recklessly and without her consent causes the unlawful termination of her pregnancy.

(b) It is no defense to a prosecution under this section that the person was unaware that the victim was pregnant.

(c) Prosecution under this section does not preclude prosecution under any other section of the Delaware Code. Abuse of a pregnant female in the second degree is a class C felony.
11 Del. C. § 3916 — Delaware Code / Title 11 / Chapter 39 / Subchapter III / Section 3916
§ Â
        3916. Petition and hearing.
Status: in_force

(a) The law-enforcement officer or the employing agency or entity may petition the Superior Court for an order authorizing testing for the human immunodeficiency virus, any antibody to human immunodeficiency virus, or hepatitis. The Superior Court shall hear the petition promptly.

(b) If the Court finds that probable cause exists to believe that a possible transfer of blood or other bodily fluid occurred between the person charged and the law-enforcement officer, the Court shall order that the person charged provide 2 specimens of blood for testing.
11 Del. C. § 8817 — Delaware Code / Title 11 / Chapter 88 / Section 8817
§ Â
        8817. Payment of disability pension.
Status: repealed

(a) Disability pension payments shall be made to a member for each month beginning with the month in which the member becomes eligible to receive such pension and ending with the month in which the member ceases to be eligible or dies.

(b) [Repealed.]

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

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

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

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

(e) A member aggrieved by the reclassification or termination of disability pension pursuant to subsection (c) or (d) of this section may appeal such decision to the Superior Court within 30 days of the day the decision is mailed. The appeal shall be on the record, without a trial de novo. The Court may remand the case to the Board for further proceedings on the record if the Court determines that the record is insufficient for review. When factual determinations are at issue, the Court’s review, in the absence of actual fraud, shall be limited to a determination of whether the Board’s decision is supported by substantial evidence in the record.
11 Del. C. § 4376 — Delaware Code / Title 11 / Chapter 43 / Subchapter VII / Section 4376
§ Â
        4376. Disclosure of expunged records.
Status: in_force

(a) (1) Except for disclosure to law-enforcement officers acting in the lawful performance of their duties in investigating criminal activity or for the purpose of an employment application as an employee of a law-enforcement agency, it is unlawful for any person having or acquiring access to an expunged court or law-enforcement agency record to open or review it or to disclose to another person any information from it without an order from the court which ordered the record expunged.

(2) In addition to such other lawful purposes as may be prescribed by law or otherwise, criminal justice agencies shall have access to the following:

a. Records of expunged probations before judgment and past participation in the First Offenders Controlled Substance Diversion Program, First Offenders Domestic Violence Diversion Program, or a court-supervised drug diversion program for the purpose of determining whether a person is eligible for a probation before judgment, under § 4218 of this title; participation in the First Offenders Controlled Substance Diversion Program, under § 4767 of Title 16; participation in the First Offenders Domestic Violence Diversion Program, under § 1024 of Title 10; or participation in a court-supervised drug diversion program.

b. For criminal justice agencies involved in the licensing of individuals to carry a concealed deadly weapon under § 1441 of this title, records of expunged cases for the purpose of determining whether an individual meets the requirements to be granted a license to carry a concealed deadly weapon.

(b) Where disclosure to law-enforcement officers in the lawful performance of their duties in investigating criminal activity is permitted by subsection (a) of this section, such disclosure applies for the purpose of investigating particular criminal activity in which the person, whose records have been expunged, is considered a suspect or pursuant to an investigation of an employment application as an employee of a law-enforcement agency.

(c) Nothing contained in this subchapter requires the destruction of photographs or fingerprints taken in connection with any felony arrest, or DNA taken under § 4713 of Title 29, and which are utilized solely by law-enforcement officers in the lawful performance of their duties in investigating criminal activity.

(d) Nothing contained in this subchapter requires the destruction of court records or records of the Department of Justice. However, all such records, including docket books, relating to a charge or conviction which has been the subject of a destruction order must be so handled to ensure that they are not open to public inspection or disclosure.

(e) An offense for which records have been expunged under this subchapter does not have to be disclosed by the person for any reason.

(f) Any person who violates subsection (a) of this section is guilty of a class B misdemeanor, and must be punished accordingly.

(g) The State Bureau of Identification shall make available to criminal justice agencies such electronic records as will enable criminal justice agencies to determine whether a person who seeks to participate in the First Offenders Controlled Substance Diversion Program, participate in the First Offenders Domestic Violence Diversion Program, obtain a probation before judgment disposition, or participate in a court-supervised drug diversion program has done so before and had the record expunged.

(h) Notwithstanding subsection (a) of this section, if a defendant is convicted of an offense after an expungement is granted under this subchapter, the Supervisor of the State Bureau of Identification shall, upon request, provide all of the following with expunged records for the following purposes:

(1) A court, the Attorney General, and the defendant, for use or consideration during the defendant’s sentencing.

(2) The Governor or the Board of Pardons, for use or consideration if the defendant applies for a pardon for the subsequent offense.
11 Del. C. § 3510 — Delaware Code / Title 11 / Chapter 35 / Subchapter I / Section 3510
§ Â
        3510. Admissibility of certificate of title in criminal proceedings involving motor vehicles.
Status: in_force

In any criminal proceeding in which ownership, possession or use of a motor vehicle is an issue, a certified copy of the certificate of title on file with the Division of Motor Vehicles shall be admissible as proof of ownership of the motor vehicle.
11 Del. C. § 881 — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 881
§ Â
        881. Bribery; class A misdemeanor.
Status: in_force

A person is guilty of bribing when:

(1) The person offers, confers or agrees to confer any benefit upon any employee, agent or fiduciary without the consent of the latter’s employer or principal, with intent to influence the latter to take some action with regard to the latter’s employer’s or principal’s affairs which would not be warranted upon reasonable consideration of the factors which that person should have taken into account; or

(2) The person offers, confers or agrees to confer any benefit upon duly appointed representative of a labor organization or duly appointed trustee or representative of an employee welfare trust fund, with intent to influence the latter in respect to any of that person’s acts, decisions or duties as a representative or trustee; or

(3) The person offers, confers or agrees to confer any benefit upon a participant in a sports contest, with intent to influence that the participant not to give the best effort in a sports contest; or

(4) The person offers, confers or agrees to confer any benefit upon an official in a sports contest, with intent to influence the official to perform duties improperly.

Bribing is a class A misdemeanor.
11 Del. C. § 6561 — Delaware Code / Title 11 / Chapter 65 / Subchapter VIII / Section 6561
§ Â
        6561. Police powers of correction officers, employees and internal affairs investigators.
Status: in_force

(a) All correctional officers and employees of the Department shall have the full power of a State Police officer when:

(1) On duty at 1 of the correctional institutions; or

(2) In charge of prisoners at any place within the State and while going to or returning from such duty; or

(3) Searching for escaped prisoners.

(b) Only those correctional officers and employees who have been sworn in by the Commissioner shall have the power of a police officer under this section. The Department shall provide appropriate identification for all such correctional officers and employees.

(c) In addition to the police powers set forth in subsection (a) of this section, any internal affairs investigator in the Department who has been sworn in by the Commissioner in accordance with subsection (b) of this section shall:

(1) Exercise the full power of a State Police officer when acting in the course and scope of the investigator’s duties as an internal affairs investigator on or off the premises of a correctional institution; provided, however, that before an internal affairs investigator executes a search warrant or makes an arrest off the premises of a correctional institution, the Commissioner shall notify the Superintendent of the Delaware State Police or the Attorney General or both;

(2) Have the right of access at all times to the books, papers, records and other documents of the Department or any of its bureaus, divisions, units or other administrative subdivisions; and

(3) Have the power to summon employees of the Department as witnesses pursuant to a lawful internal affairs investigation.
11 Del. C. § 9606 — Delaware Code / Title 11 / Chapter 96 / Subchapter I / Section 9606
§ Â
        9606. Source of funding.
Status: in_force

All expenses incurred by the Attorney General to provide any service pursuant to this subchapter shall be paid from the Special Law Enforcement Assistance Fund established by § 4110 of this title.
11 Del. C. § 2508 — Delaware Code / Title 11 / Chapter 25 / Subchapter I / Section 2508
§ Â
        2508. Contents of warrant.
Status: in_force

Such warrant shall authorize the peace officer or other person to whom directed to arrest the accused at any time and any place where the accused may be found within the State and to command the aid of all peace officers or other persons in the execution of the warrant, and to deliver the accused, subject to this subchapter, to the duly authorized agent of the demanding state.
11 Del. C. § 6527 — Delaware Code / Title 11 / Chapter 65 / Subchapter V / Section 6527
§ Â
        6527. Creation and responsibility of classification boards.
Status: in_force

(a) The Department shall classify persons in the several institutions and facilities by the use of 2 separate and distinct classification boards to be known as The Institutional Classification Board and The Institutional Release Classification Board with powers and responsibilities delineated in subchapter VI of this chapter.

(b) The Institutional Classification Board shall be responsible for the classification of all inmates residing and remaining in the several institutions and facilities.

(c) The Institutional Release Classification Board shall be responsible for the classification of all inmates that are being considered for release from the several institutions and facilities under the jurisdiction of the Department.
11 Del. C. § 1452 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1452
§ Â
        1452. Unlawfully dealing with knuckles-combination knife; class B misdemeanor.
Status: in_force

A person is guilty of unlawfully dealing with a knuckles-combination knife when the person sells, offers for sale or has in possession a knife, the blade of which is supported by a knuckle ring grip handle.

Unlawfully dealing with a knuckles-combination knife is a class B misdemeanor.
11 Del. C. § 9401 — Delaware Code / Title 11 / Chapter 94 / Subchapter I / Section 9401
§ Â
        9401. Definitions.
Status: in_force

For purposes of this chapter:

(1) “Crime” means any of the following:

a. An offense against the person under subchapter II of Chapter 5 of this title.

b. Any of the following offenses involving property:

1. A felony under Subpart A through Subpart E of Chapter 5 of this title.

2. An offense under § 811, § 820, § 823, § 840, § 841, § 848, § 851, § 861, § 900, or § 903 of this title.

c. Under Subpart A of subchapter V of Chapter 5 of this title, an offense relating to children or a vulnerable adult.

d. An offense relating to judicial or similar proceedings under § 1261, § 1263, § 1263A, § 1264, § 1271, or § 1271A of this title.

e. An offense against public health, order or decency under § 1311 through § 1313, or § 1339 of this title.

f. Noncompliance with conditions of release bond under § 2113 of this title.

g. Intimidation of a victim or witness under § 3532 or § 3533 of this title.

h. Under § 4176A of Title 21, operation of a vehicle causing death.

i. Any offense when any of the following apply:

1. The act was committed against an individual who is in a protected class as defined in § 1041(2) of Title 10.

2. The conduct constitutes abuse under § 1041(1) of Title 10.

3. The conduct is grounds for a sexual violence protective order under Chapter 72 of Title 10.

(2) a. “Individual with a cognitive disability” means an individual with a cognitive disability as “cognitive disability” is defined in § 761 of this title.

b. “Individual with a cognitive disability” does not include an individual with a cognitive disability accused of committing a felony, however, at the court’s discretion, “individual with a cognitive disability” may include any of the following:

1. An individual with a cognitive disability when the individual’s participation in a felony appears to have been induced, coerced, or unwilling.

2. An individual with a cognitive disability who participated in the felony, but who has subsequently and voluntarily agreed to testify on behalf of this State.

(3) “Law-enforcement agency” means any of the following:

a. A police department.

b. The Department of Justice.

c. The Department of Correction, including Probation and Parole.

(4) “Member of the victim’s family” means a spouse, child, stepchild, parent, stepparent, or sibling. “Member of the victim’s family” does not include an individual who is accountable for the crime or a crime arising from the same conduct, criminal episode, or plan.

(5) “Person” means an individual, estate, business or nonprofit entity, government or governmental subdivision, agency, or instrumentality, or any other legal entity.

(6) a. “Representative of a victim” means any of the following:

1. An individual designated by the victim or by a court.

2. A. If the victim is deceased, a member of the victim’s family, except if paragraph (6)a.2.B. of this section applies.

B. If the deceased victim is a child and a sibling of the victim is in the custody of the Department of Services for Children, Youth and their Families (DSCYF) under Chapter 25 of Title 13, DSCYF or the sibling’s attorney appointed under § 9007A of Title 29.

3. The parent, guardian, or custodian of a victim who is unable to meaningfully understand or participate in the proceedings because the victim is a child or an individual with a physical, psychological, or mental impairment.

4. If the victim is a child in the custody of the DSCYF under Chapter 25 of Title 13, DSCYF or the child’s attorney appointed under § 9007A of Title 29.

b. “Representative of a victim” does not include an individual who is accountable for the crime or a crime arising from the same conduct, criminal episode, or plan.

(7) “Sex offense” means all offenses under Chapter 5, subchapter II, Subpart D of this title.

(8) “Supervisor” means an employee or official of an agency who has legal authority to issue directives to subordinate employees or officials.

(9) “Victim” means the victim of a crime and includes all of the following:

a. The person identified as the victim of a crime in a police report, a criminal complaint or warrant, an indictment or information or other charging instrument; or

b. The representative of a victim.

(10) “Victim advocate” means an individual who is an employee or in a formal volunteer role with a victim services agency to provide victim services to victims and includes victim services professionals.

(11) “Victim services” means any of the following, including by referral to another entity:

a. Crisis intervention services, including a crisis hotline.

b. Emergency assistance, which includes food, shelter, housing assistance, clothing, financial assistance, and legal assistance.

c. Orientation to and information about the criminal justice system, including court proceedings.

d. Information about legal rights, protections, and the criminal justice process.

e. Trauma-informed counseling.

f. Advocacy regarding legal protection provided to victims of crime, including legal assistance.

g. Assistance with understanding and completing civil court documents.

h. Assistance with an application to the Victims’ Compensation Assistance Program.

i. Assistance with safety planning.

j. Support during any meeting, process, or proceeding necessary as a result of the crime.

(12) “Victim services agency” means a public or private organization that provides victim services.

(13) “Victim services professional” means an individual who is employed by a law-enforcement agency to provide victim services.

(14) a. “Witness” means an individual for whom any of the following apply:

1. Has knowledge of the existence or nonexistence of any fact related to any crime.

2. Has reported any crime to a law-enforcement officer or probation officer.

3. Has been designated for service with a subpoena.

4. Would be believed by any reasonable person to be an individual under paragraphs (14)a.1. through (14)a.3. of this section.

b. “Witness” does not include a law-enforcement officer or probation officer in the performance of their official duties.

(15) The following terms mean as defined in § 4701A of Title 29:

a. “Biological sample.”

b. “Deoxyribonucleic acid” or “DNA.”

c. “DNA profile.”

d. “Sexual assault kit” or “SAK.”
11 Del. C. § 523 — Delaware Code / Title 11 / Chapter 5 / Subchapter I / Section 523
§ Â
        523. Criminal solicitation and conspiracy unaffected by matters relating to the complicity of other persons.
Status: in_force

(a) It is no defense to a prosecution for criminal solicitation that the person solicited could not be guilty of the crime solicited because of irresponsibility or other legal incapacity or exemption, or because of unawareness of the criminal nature of the conduct solicited or of the defendant’s criminal purpose or because of other factors precluding the mental state required for the commission of the crime in question.

(b) It is no defense to a prosecution for criminal conspiracy that, because of irresponsibility or other legal incapacity or exemption, or because of unawareness of the criminal nature of the agreement or the conduct contemplated or of the defendant’s criminal purpose or because of other factors precluding the mental state required for commission of the conspiracy or the crime contemplated, 1 or more of the defendant’s coconspirators could not be guilty of the conspiracy or the crime contemplated.
11 Del. C. § 5913 — Delaware Code / Title 11 / Chapter 59 / Section 5913
§ Â
        5913. Endorsing names of witnesses on commitments and recognizances.
Status: in_force

(a) Justices of the peace and other officers of this State, who give persons charged with the commission of any crime, preliminary hearings, shall endorse on the back of such commitments and recognizances, the names of state’s witnesses, and their place of residence. The prothonotaries of the respective counties shall insert the place of residence of such witnesses after their names in the subpoenas.

(b) Whoever violates this section shall be fined not more than $10.
11 Del. C. § 302 — Delaware Code / Title 11 / Chapter 3 / Section 302
§ Â
        302. Jury instruction for defendant on reasonable doubt.
Status: in_force

(a) Pursuant to § 301(b) of this title, the defendant is entitled to a jury instruction that the jury must acquit if they fail to find each element of the offense proved beyond a reasonable doubt.

(b) The defendant may produce whatever evidence the defendant has tending to negate the existence of any element of the offense, and, if the court finds that a reasonable juror might believe that evidence, the defendant is entitled to a jury instruction that the jury must consider whether the evidence raises a reasonable doubt as to the defendant’s guilt.
11 Del. C. § 401 — Delaware Code / Title 11 / Chapter 4 / Section 401
§ Â
        401. Mental illness or psychiatric disorder.
Status: in_force

(a) In any prosecution for an offense, it is an affirmative defense that, at the time of the conduct charged, as a result of mental illness or serious mental disorder, the accused lacked substantial capacity to appreciate the wrongfulness of the accused’s conduct. If the defendant prevails in establishing the affirmative defense provided in this subsection, the trier of fact shall return a verdict of “not guilty by reason of insanity.”

(b) Where the trier of fact determines that, at the time of the conduct charged, a defendant suffered from a mental illness or serious mental disorder which substantially disturbed such person’s thinking, feeling or behavior and/or that such mental illness or serious mental disorder left such person with insufficient willpower to choose whether the person would do the act or refrain from doing it, although physically capable, the trier of fact shall return a verdict of “guilty, but mentally ill.”

(c) It shall not be a defense under this section if the alleged insanity or mental illness was proximately caused by the voluntary ingestion, inhalation or injection of intoxicating liquor, any drug or other mentally debilitating substance, or any combination thereof, unless such substance was prescribed for the defendant by a licensed health-care practitioner and was used in accordance with the directions of such prescription. As used in this chapter, the terms “insanity” or “mental illness” do not include an abnormality manifested only by repeated criminal or other antisocial conduct.
11 Del. C. § 1909 — Delaware Code / Title 11 / Chapter 19 / Subchapter I / Section 1909
§ Â
        1909. Hearing without delay; permissible delay.
Status: in_force

(a) If not otherwise released, every person arrested shall be brought before a magistrate without unreasonable delay, and in any event the person shall, subject to the limitations contained in subsection (b) of this section below, be so brought within 24 hours of arrest, unless the court, for good cause shown, orders that person be held for a further period not to exceed 48 hours.

(b) Persons unable to knowingly and intelligently participate in the presentment proceedings because of incapacitation as a result of the consumption of alcohol or the use of drugs may, until such time as they are able to meaningfully participate in those proceedings, be held in police custody or be temporarily committed with bail and conditions of release to the custody of the Department of Correction on order of and following a determination of incapacitation by a magistrate. This temporary holding or commitment should not exceed 12 hours from the time of commitment until presentment, unless the court, for good cause shown, orders that person be held for a further period not to exceed 24 additional hours.
11 Del. C. § 4112 — Delaware Code / Title 11 / Chapter 41 / Subchapter II / Section 4112
§ Â
        4112. Source of funds.
Status: in_force

(a) Upon the forfeiture of any money in a criminal case in any court of this State, the same shall be paid over to the Prothonotary or clerk of the court, as the case may be, who shall collect the same and transmit it to the State Treasurer to be held as special funds for the purposes referred to in §§ 4110 and 4111 of this title. The Special Law Enforcement Assistance Fund shall not include fines, court costs or restitution ordered by the court in any criminal case, nor shall it include bail forfeitures. It shall, however, include any money or the proceeds obtained from the sale or other disposition of any property which is forfeited to the State by determination of the court that the property was:

(1) Used for criminal purposes; or

(2) Obtained as the fruits of a criminal enterprise.

(b) Upon the signing of any forfeiture order pursuant to this section, the clerk of the court or the Prothonotary in which the order was signed shall transmit a copy of said order to the State Treasurer. If the forfeited money is not in the possession of the court clerk or Prothonotary, the money shall be transmitted to the State Treasurer, for deposit into the Special Law Enforcement Assistance Fund directly by the law-enforcement agency which is in possession of the money.
11 Del. C. § 6552 — Delaware Code / Title 11 / Chapter 65 / Subchapter VIII / Section 6552
§ Â
        6552. Discharge of employees.
Status: in_force

All discharges shall be for cause and in accordance with regulations and procedures established by the Department. Upon requesting in writing, any discharged employee shall be given a hearing before the Board.
11 Del. C. § 6536 — Delaware Code / Title 11 / Chapter 65 / Subchapter VII / Section 6536
§ Â
        6536. Medical care.
Status: in_force

(a) The Department shall promulgate reasonable standards, and shall establish reasonable health, medical and dental services, for each institution, including preventive, diagnostic and therapeutic measures on both an out-patient and hospital basis for all types of patients. The nature and extent of such medical and dental services shall be determined by the Commissioner of Correction in consultation with the Bureau Chief of Correctional Healthcare Services. The Department may authorize, under regulations, inmates to be taken, with or without guard, to a medical institution or facility outside the institution.

(b) The Department shall charge a reasonable fee as defined by the Department for every inmate initiated visit with an institutional health-care practitioner for examination and/or treatment. The Department shall not charge an inmate for medical visits initiated by medical/mental health staff, visits as a result of a reference to a physician from a physician’s assistant or nurse practitioner, follow-up visits initiated by a medical professional or visits resulting from a chronic medical condition. The Department shall not be responsible for the cost of medical visits to or by outside medical consultants if the visits were not ordered by institutional medical services personnel. Notwithstanding the above, an inmate shall not be refused medical treatment for financial reasons; provided, however, that the Department shall debit an inmate’s account for future payment to the Department in the event funds are deposited in said account and the Department shall retain records of an inmate’s account upon the release of the inmate from the custody of the Department if such account has a negative balance. The outstanding balance of such an account shall be reinstated should that person be committed to the custody of the Department at some future time.

(c) The Department may charge a reasonable fee, not to exceed the cost to the Department, for any prescription or nonprescription medication. The Department shall not be responsible for the cost of prescriptive drugs or medications prescribed by outside medical consultants unless approved by institutional medical services personnel. Notwithstanding the above, an inmate shall not be refused medications for financial reasons; provided, however, that the Department shall debit an inmate’s account for future payment to the Department in the event funds are deposited in said account and the Department shall retain account records upon the release of the inmate from the custody of the Department if such account has a negative balance. The outstanding balance of such account shall be reinstated should that person be committed to the custody of the Department in the future.

(d) Notwithstanding any provision of the Delaware Code to the contrary, there shall be established a special fund of the State to be known as the Medical Cost Recovery Fund. The Department of Correction shall, commencing upon July 1, 1996, deposit funds assessed pursuant to subsections (b) and (c) of this section into the Medical Cost Recovery Fund. The Department may use the Medical Cost Recovery Fund to defray the costs of medical services provided to inmates.

(e) The Department shall provide onsite hospice services to any terminally ill inmate or defendant confined in facilities operated by the Department at the request of a care provider with whom the Department has a contract. Hospice services provided by the Department, or its contractor, must be provided in a manner consistent with the regulations of the Department of Health and Social Services (DHSS), and shall meet all licensure standards set forth therein, governing the provision of hospice services in the State to the fullest extent possible without compromising the security and safety considerations of the institutions wherein the hospice services are being provided. The Department of Correction (DOC) may require alternate procedures for the provision of hospice services in any DOC facility where strict adherence to DHSS regulations would compromise the security and safety considerations of that facility. DOC contractors need not apply for or obtain a license from DHSS in order to provide hospice services in any DOC facility. For the purposes of this section, “hospice” and “hospice services” shall be as defined by DHSS regulations.

(f) The Department shall ensure that all female inmates in a Department of Correction facility, at level IV or V, receive annual or biennial screening mammograms as recommended by the United States Preventive Services Task Force. The decision as to whether an inmate receives a mammogram annually or biennially shall be made by the inmate and the inmate’s health-care practitioner and shall be based on the inmate’s individual risk factors for developing breast cancer.
11 Del. C. § 8513 — Delaware Code / Title 11 / Chapter 85 / Subchapter I / Section 8513
§ Â
        8513. Dissemination of criminal history record information.
Status: in_force

(a) Upon application, the Bureau shall furnish a copy of all information available pertaining to the identification and criminal history of any person or persons of whom the Bureau has a record to:

(1) Criminal justice agencies and/or courts of the State or of any political subdivision thereof or to any similar agency and/or court in any State or of the United States or of any foreign country for purposes of the administration of criminal justice and/or criminal justice employment;

(2) Any person or the person’s attorney of record who requests a copy of the person’s own Delaware criminal history record, provided that such person:

a. Submits to a reasonable procedure established by standards set forth by the Superintendent of the State Police to identify one’s self as the person whose record this individual seeks; and

b. Pays a reasonable fee as set by the Superintendent, payable to the Delaware State Police;

(3) The Office of Defense Services when requesting information about an individual for whom the Office of Defense Services is attorney of record;

(4) The Commissioner of Elections when requesting the results of a criminal history background check concerning an individual who seeks to become a candidate for an elected office and, who is required to obtain a criminal history background check under Title 15.

(b) Upon application, the Bureau shall, based on the availability of resources and priorities set by the Superintendent of State Police, furnish information pertaining to the identification and criminal history of any person or persons of whom the Bureau has a record, provided that the requesting agency or individual submits to a reasonable procedure established by standards set forth by the Superintendent of the State Police to identify the person whose record is sought. These provisions shall apply to the dissemination of criminal history record information to all of the following:

(1) Individuals and public bodies for any purpose authorized by Delaware state statute or executive order, court rule or decision or order.

(2) Individuals and agencies pursuant to a specific agreement with a criminal justice agency to provide services required for the administration of criminal justice pursuant to that agreement. Said agreement shall embody an agency agreement as prescribed in § 8611 of this title.

(3) Individuals and agencies for the express purpose of research, evaluative, or statistical activities pursuant to a specific agreement with a criminal justice agency. Said agreement shall embody an agency agreement as prescribed in 8611 of this title.

(4) Individuals and agencies for purposes of international travel.

(5) Individuals and agencies required to provide a security clearance for matters of national security.

(c) Upon application the Bureau may, based upon the availability of resources and priorities set by the Superintendent of State Police, furnish information pertaining to the identification and conviction data of any person or persons of whom the Bureau has record, provided that the requesting agency or individual submits to a reasonable procedure established by standard set forth by the Superintendent of State Police to identify the person whose record is sought. These provisions shall apply to the dissemination of conviction data to:

(1) Individuals and agencies for the purpose of employment of the person whose record is sought, provided:

a. The requesting individual or agency pays a reasonable fee as set by the Superintendent, payable to the Delaware State Police; and

b. The use of the conviction data shall be limited to the purpose for which it was given;

(2) Members of the news media, provided that the use of conviction data shall be limited to the purpose for which it was given, and the requesting media or news agency pays a reasonable fee as set by the Superintendent, payable to the Delaware State Police.

(d) Dissemination of criminal history record information, by any person or agency other than the Bureau or its designee is prohibited. Notwithstanding this prohibition, the dissemination of criminal history record information by any criminal justice agency is authorized:

(1) In those cases in which time is of the essence and the Bureau is technologically incapable of responding within the necessary time period, or

(2) Whenever dissemination of arrest data to members of the public is authorized by this chapter.

(e) Appropriate records of dissemination shall be retained by the Bureau and criminal justice agencies storing, collecting and disseminating criminal history record information to facilitate audits. Such records shall include, but not be limited to, the names of persons and agencies to whom information is disseminated and the date upon which such information is disseminated.

(f) Unless otherwise specified by the court order directing that a record be sealed, such sealing shall not preclude dissemination of the arrest or conviction information concerning the subject of the court order, nor shall it preclude dissemination of the fact a sealed record exists, providing any dissemination made is pursuant to this chapter and Chapter 43 of this title.

(g) Notwithstanding any law or court rule to the contrary, the dissemination to the defendant or defense attorney in a criminal case of criminal history record information pertaining to any juror in such case is prohibited. For the purposes of this subsection, “juror” includes any person who has received notice or summons to appear for jury service. This subsection shall not prohibit the disclosure of such information as may be necessary to investigate misconduct by any juror.
11 Del. C. § 405 — Delaware Code / Title 11 / Chapter 4 / Section 405
§ Â
        405. Confinement in Delaware Psychiatric Center of persons developing mental illness after conviction but before sentencing; adjustment of sentences.
Status: in_force

(a) Whenever the court is satisfied that a prisoner has developed a mental illness after conviction but before sentencing so that the prisoner is unable understandingly to participate in the sentencing proceedings, and if the court is satisfied that a sentence of imprisonment may be appropriate, the court may order the prisoner to be confined and treated in the Delaware Psychiatric Center until the prisoner is capable of participating in the sentencing proceedings.

(b) When the court finds that the prisoner is capable of participating in the sentencing proceedings, the prisoner may be sentenced in the ordinary way, but the court may make any adjustment in the sentence which is required in the interest of justice, including a remission of all or any part of the time spent in the Psychiatric Center.
11 Del. C. § 8701 — Delaware Code / Title 11 / Chapter 87 / Section 8701
§ Â
        8701. Created; composition; compensation.
Status: in_force

(a) There is hereby created the Criminal Justice Council.

(b) The Council shall consist of 29 members as follows:

(1) The Chief Justice of the Supreme Court, or the Chief Justice’s designee;

(2) The President Judge of Superior Court, or the President Judge’s designee;

(3) The Chief Judge of Family Court, or the Chief Judge’s designee;

(4) The Chief Magistrate of the Justice of the Peace Courts, or the Chief Magistrate’s designee;

(5) The Attorney General, or the Attorney General’s designee;

(6) The Chief Defender, or the Chief Defender’s designee;

(7) The Commissioner of the Department of Correction, or the Commissioner’s designee;

(8) The Chief of the Bureau of Prisons of the Department of Correction, or the Bureau Chief’s designee;

(9) The Director of the Division of Youth Rehabilitation, or the Director’s designee;

(10) The Chairperson of the Board of Parole, or the Chairperson’s designee;

(11) The Superintendent of the State Police, or the Superintendent’s designee;

(12) The Chief of the New Castle County Police Department, or the Chief’s designee;

(13) The Chief of the Wilmington Police Department, or the Chief’s designee;

(14) The Chairperson of the Delaware Police Chiefs’ Council, or the Chairperson’s designee;

(15) The Director of the Division of Forensic Science, or the Director’s designee;

(16) The Secretary of Health and Social Services, or the Secretary’s designee;

(17) The Secretary of Labor, or the Secretary’s designee;

(18) The United States Attorney for the District of Delaware, or the United States Attorney’s designee;

(19) The Secretary of Education, or the Secretary’s designee;

(20) Five at-large members who shall serve at the pleasure of the Governor for a term of 5 years each;

(21) The Secretary of the Department of Technology and Information, or the Secretary’s designee;

(22) The Chief Judge of the Court of Common Pleas, or the Chief Judge’s designee;

(23) The Secretary of the Department of Services for Children, Youth and their Families, or the Secretary’s designee;

(24) The Secretary of Public Safety, or the Secretary’s designee; and

(25) A sitting judge of the United States District Court for the District of Delaware as designated by the Chief Judge of the United States District Court for the District of Delaware.

(c) The terms of those members who serve by virtue of the office they hold shall be concurrent with service in the office from which they derive their membership.

(d) Commission members shall serve without salary, but shall be entitled to reimbursement for travel and other necessary expenses incurred in the performance of official duties.
11 Del. C. § 6541 — Delaware Code / Title 11 / Chapter 65 / Subchapter VII / Section 6541
§ Â
        6541. Publication of names of inmates on supervised custody, work release or furloughs.
Status: in_force

(a) Upon placing an inmate on supervised custody, work release or furloughs which shall include personal special visits whether escorted or unescorted the Department shall publish the name of that inmate and the crimes for which the inmate is incarcerated. Said information shall be published in each of the 3 counties of this State in a newspaper located in that county and having a general circulation throughout the county. No inmate shall be placed on supervised custody, work release or furloughs which shall include personal special visits whether escorted or unescorted until the notice provided for herein has been released for publication to the newspaper. This section shall not apply to those inmates being released on furlough or special visit for the purpose of attending the funeral of an immediate family member as specified under § 6538(b) of this title.

(b) In cases of inmates convicted of crimes against persons, including robbery, prior to publication of names, the Department shall notify the victim at the victim’s last known place of residence.
11 Del. C. § 9013 — Delaware Code / Title 11 / Chapter 90 / Section 9013
§ Â
        9013. Attorney fees.
Status: in_force

A claimant need not be represented by an attorney before the Appeals Board, but if such person is represented the Appeals Board may award an amount for services rendered. Such fees shall not exceed $1,000 or 15% of the amount awarded, whichever sum is less, and shall be in addition to the amount of compensation awarded to the claimant. An attorney shall not charge, demand, receive or collect for services rendered in connection with any proceedings under this chapter any amount other than awarded as attorneys’ fees under this section.
11 Del. C. § 9501 — Delaware Code / Title 11 / Chapter 95 / Section 9501
§ Â
        9501. Purpose.
Status: repealed

(a) The General Assembly finds and declares that:

(1) The resolution of felony, misdemeanor and juvenile delinquent offenses can be costly and complex in a judicial setting where the parties involved are necessarily in an adversary posture and subject to formalized procedures; and

(2) Victim-offender alternative case resolutions can meet the needs of Delaware’s citizens by providing forums in which persons may voluntarily participate in the resolution of certain criminal offenses in an informal and less adversarial atmosphere.

(b) It is the intent of the General Assembly that each program established under this chapter do all of the following:

(1) Establish and use victim-offender alternative case resolution programs to help meet the need for alternatives to the courts for the resolution of certain criminal offenses, whether before or after adjudication.

(2) Encourage continuing community participation in the development, administration and oversight of local victim-offender alternative case resolution.

(3) Offer structures for victim-offender alternative case resolution which may serve as models for programs in other communities.

(4) [Repealed.]
11 Del. C. § 6518 — Delaware Code / Title 11 / Chapter 65 / Subchapter II / Section 6518
§ Â
        6518. Adult Correction Healthcare Review Committee.
Status: in_force

(a) The Adult Correction Healthcare Review Committee (Committee) is hereby established.

(b) For administrative and budgetary purposes, the Committee shall be placed within the Criminal Justice Council. The Criminal Justice Council shall provide fiscal oversight as determined by the Executive Director of the Criminal Justice Council. Staff of the Committee are under the authority of and subject to the oversight and supervision of the Executive Director of the Criminal Justice Council.

(c) The Committee shall consist of 9 voting members, appointed by the Governor and confirmed by the Delaware State Senate which shall include all of the following;

(1) A Delaware licensed physician.

(2) A Delaware licensed forensic psychologist.

(3) A Delaware licensed psychologist.

(4) A Delaware licensed registered nurse.

(5) A member of the Delaware Bar.

(6) An expert in the field of substance abuse treatment.

(7) Any additional healthcare professional who by virtue of training, education, and specialization holds expertise in correctional healthcare.

(8) An individual representing a nonprofit that is serving the families of inmates or the inmates themselves, or a local civil rights organization.

(9) A Delaware licensed psychiatrist.

(d) The Committee shall also consist of the following 3 nonvoting ex-officio members:

(1) The Chief of the Bureau of Healthcare, Substance Abuse, and Mental Health Services.

(2) Chairperson of the House Corrections Committee.

(3) Chairperson of the Senate Corrections and Public Safety Committee.

(e) Voting members shall be appointed for a term of 3 years.

(f) No member of the committee other than those designated in subsection (d) of this section may be an employee of the Department of Correction or a contractor providing medical services under the direction of the Department of Correction.

(g) Nonvoting ex-officio members may designate another individual to attend Committee meetings. The nonvoting ex-officio members identified in paragraphs (d)(2) and (d)(3) of this section may only designate a member of their respective corrections committees.

(h) Members shall receive no salary for their service, but may be reimbursed for reasonable expenses incurred in their work for the commission.

(i) Five voting members of the Committee must be present to constitute a quorum.

(j) The Medical Society of Delaware, the Delaware Psychiatric Society, the Delaware Psychological Association, the Delaware Nurses Association, and the Delaware State Bar Association, may submit recommendations to the Governor for consideration of appointment.

(k) The chair of the Committee shall be elected annually by majority vote of the voting Committee members.

(l) The Committee serves in an advisory capacity to the Governor, the General Assembly, and the Commissioner of the Department of Correction on all matters in Delaware’s adult correction system relating to the provision of inmate health-care services, the review of all inmate deaths and autopsies relating to those deaths, the construction of health-care contracts that provide inmate health-care services, and the review of all statistics relating to inmate health care.

(m) The Committee shall not be considered a public body as defined at § 10002 of Title 29.

(n) The Committee shall do all of the following:

(1) Perform advisory reviews of medical records and autopsies of inmates who have died while incarcerated.

(2) Review and monitor the quality and appropriateness of health-care services rendered in Delaware’s adult correctional facilities.

(3) Review critical incident and mortality and morbidity review reports.

(4) Receive and review monthly summaries of inmate, staff, public, and other health-care related grievances and the resolutions of these grievances in order to be fully appraised of the state of health-care services in Delaware’s adult correction facilities.

(5) Receive and review monthly reports of inmate hospital admissions and infectious disease diagnoses, such as hepatitis C, tuberculosis, human immunodeficiency virus (HIV), methicillin resistant staphylococcus aureus (MRSA), and meningitis, from all adult correction facilities.

(6) Have access to any and all otherwise protected health-care information relating to current and former inmates supervised by the Department of Correction notwithstanding any other statute to the contrary.

(7) Advise the Governor, the General Assembly, and the Commissioner of the Department of Correction on any other matters relating to adult inmate health care that the Committee considers reasonable and worthwhile including all of the following:

a. Assurance that all inmates receive appropriate and timely services in a safe environment.

b. Systematic monitoring of the treatment environment.

c. Assisting in the reduction of professional and general liability risks.

d. Enhancing efficient utilization of resources.

e. Assisting in credential review.

f. Enhancing the identification of continuing educational needs.

g. Facilitating the identification of strengths, weaknesses, and opportunities for improvement.

h. Facilitating the coordination and integration of information systems.

i. Assuring the resolution of identified problems.

j. Changes considered necessary by the Committee.

(8) By November 30, 2021, provide a report to the Governor, the General Assembly, and the Commissioner of the Department of Correction regarding the efficacy and appropriateness of the Department’s response to COVID-19 from March 12, 2020, to March 30, 2021.

a. All of the following shall be included in the report identified in this paragraph (n)(8):

1. The total number of inmates who tested positive for COVID-19.

2. The total number of inmates at each correctional institution who tested positive for COVID-19.

3. The total number of correctional officers who tested positive for COVID-19.

4. The total number of correctional officers at each correctional institution who tested positive for COVID-19.

5. The total number of deaths of inmates and correctional officers due to COVID-19.

6. The strengths, weaknesses, and opportunities for improvement of the Department’s response to COVID-19.

7. An assessment of the medical treatment provided to inmates who tested positive for COVID-19.

b. In order to discharge its obligations under this paragraph (n)(8), the Committee may do all of the following:

1. Request records of or the appearance of the Department or any contractor who provided medical services to an inmate from March 12, 2020, to March 30, 2021, relating to COVID-19.

2. Consult with any additional medical professional.

3. Engage additional staff other than the Criminal Justice Council.

c. Any individual who provides services to the Committee under this paragraph (n)(8) must abide by federal and state laws regarding privacy of protected health information. Any person aggrieved by a violation of this paragraph shall have, in additional to any other rights, a right of action in the Superior Court pursuant to subsection (t) of this section.

(o) The Committee may request the appearance of any contractor providing medical and behavioral health services to an inmate under the direction of the Department of Correction at a Committee meeting in order to provide information to the Committee.

(p) The Committee shall refer to the appropriate licensing board grievance cases in which there is a serious deviation from the community standard of care by a health-care worker or other employee of a prison health-care contractor, if the health-care worker or other employee’s profession or occupation is governed under Title 24.

(q) The Department of Correction shall forward copies of National Commission of Correctional Health Care (NCCHC) and American Correctional Association (ACA) surveys, reports, and evaluations to the Committee upon their request. Whenever a survey, evaluation, or similar act is conducted by or on behalf of NCCHC or ACA, the Committee may be contacted and be allowed to contribute to the survey, evaluation, or other activity. The transmission of documents in the possession of the Department of Correction to the Committee shall not be considered a waiver of any statutory or common law privilege.

(r) All of the following shall be provided to the Committee at the Committee’s request:

(1) Autopsy reports of inmates who have died while incarcerated within the control of the Department of Safety and Homeland Security.

(2) Evaluations performed by the Delaware Psychiatric Center of an inmate within the control of the Department of Health and Social Services except those records protected by 42 C.F.R. Part 2 [42 C.F.R. §  2.1 et seq.].

(3) Inmate medical and behavioral health services records in the custody of the Department of Correction.

(4) Records of a contractor providing medical and behavioral health services to an inmate under the direction of the Department of Correction.

(s) Any document received or generated by the Committee is hereby specifically excluded from the definition of public record as set forth at § 10002 of Title 29.

(t) All Committee members must abide by federal and state laws regarding privacy of protected health information. In addition any other remedies available under federal and state law, any person aggrieved by a violation of this paragraph shall have a right of action in the Superior Court and may recover for each violation all of the following:

(1) Against any person who intentionally or recklessly violates a provision of this paragraph, damages of $5,000 or actual damages, whichever is greater.

(2) Reasonable attorney’s fees.

(3) Such other relief, including an injunction, as a court may deem appropriate.

(u) This section is intended only to provide ongoing independent review, monitoring, advice, and critique of the provision of health-care services to inmates within the custody of the Department of Correction. Accordingly, nothing in this chapter shall give rise to any right, entitlement or a private cause of action for civil damages or injunctive relief for any public or private party.

(v) The Committee shall submit a report by December 31 of each year to the Governor, the General Assembly and the Commissioner of the Department of Correction on the state of inmate health-care services in Delaware’s adult correction system by delivering a copy to the Governor, and the Clerks of the House of Representatives and the Senate, and the Commissioner of the Department of Correction.

(w) Notwithstanding any provision of this section to the contrary, for 2021 and 2022, the Chairperson of the House Corrections Committee and the Chairperson of the Senate Corrections and Public Safety Committee shall be voting members of the Committee, but cannot designate another individual to attend Committee meetings or vote.
11 Del. C. § 4106 — Delaware Code / Title 11 / Chapter 41 / Subchapter I / Section 4106
§ Â
        4106. Restitution for property damage or loss.
Status: in_force

(a) Any person convicted of stealing, taking, receiving, converting, defacing or destroying property, shall be liable to each victim of the offense for the value of the property or property rights lost to the victim and for the value of any property which has diminished in worth as a result of the actions of such convicted offender and shall be ordered by the court to make restitution. If the court does not require that restitution be paid to a victim, the court shall state its reason on the record. The convicted offender shall also be liable for direct out-of-pocket losses, loss of earnings and other expenses and inconveniences incurred by victim as a direct result of the crime. For each criminal offense resulting in arrest in which property is alleged to have been unlawfully taken, damaged or otherwise diminished in value, a loss statement shall be prepared, by the police or by the victim when there is no police involvement, documenting for the court the value of the property lost or diminished as a direct result of the crime.

(b) In accordance with the evidence presented to the court, the court shall determine the nature and amount of restitution, if any, to be made to each victim of the crime of each convicted offender. The offender shall be ordered to pay a fixed sum of restitution or shall be ordered to work a fixed number of hours under the work referral program administered by the Department of Correction, or both.

(c) In the event a convicted offender is ordered by the court to pay fines, costs or other financial obligations along with restitution, payments shall first be applied to Victim Compensation Fund, next to pay restitution and then to the other payments ordered to be made.

(d) Each court shall establish procedures for the collection and disbursement of funds ordered under this section, including notification of the victim that restitution has been ordered. Such procedures shall at minimum include the following:

(1) All restitution payments shall be disbursed to victims within 90 days of receipt or whenever the accumulated amount of the restitution payments received is $50 or more, whichever event first occurs.

(2) Where there are multiple victims, disbursements shall be in proportion to the amounts owed to each victim, with individuals to receive disbursements in full before insurance companies receive any disbursements.

(3) Any and all interest earned on deposited restitution payments shall be set aside and deposited on at least a quarterly basis to the Victim Compensation Fund.

Any and all principal amounts received as restitution payments which are unclaimed after 5 years from date of receipt shall be deposited in the Victim Compensation Fund.

If, at any time in the future, the victim owed restitution requests the transferred funds, and makes application to the Victim Compensation Fund Board, said moneys will be refunded, following verification by the transferring Court.

(e) An order of restitution may not preclude the victim from proceeding in a civil action to recover damages from the offender. A civil verdict shall be reduced by the amount of restitution paid under the criminal restitution order.

(f) Except as provided under § 9014(c) of this title, restitution may not be ordered to an insurance provider on behalf of a victim to recover the provider’s losses due to a crime. An insurance provider may seek a civil judgement to recover losses.
11 Del. C. § 8599G — Delaware Code / Title 11 / Chapter 85 / Subchapter XI / Section 8599G
§ Â
        8599G. Severability.
Status: in_force

The provisions of this Compact shall be severable, and, if any phrase, clause, sentence, or provision of this Compact is declared to be contrary to the constitution of any participating state or to the Constitution of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If a portion of this Compact is held contrary to the constitution of any party state, all other portions of this Compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected as to all other provisions.
11 Del. C. § 936 — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 936
§ Â
        936. Destruction of computer equipment.
Status: in_force

A person is guilty of the computer crime of destruction of computer equipment when that person, without authorization, intentionally or recklessly tampers with, takes, transfers, conceals, alters, damages or destroys any equipment used in a computer system or intentionally or recklessly causes any of the foregoing to occur.
11 Del. C. § 264 — Delaware Code / Title 11 / Chapter 2 / Section 264
§ Â
        264. Causation in offenses of strict liability.
Status: in_force

When causing a particular result is an element of an offense for which strict liability is imposed by law, the element is not established unless the actual result is a probable consequence of the actor’s conduct.
11 Del. C. § 1466 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1466
§ Â
        1466. Manufacture, sale, transport, transfer, purchase, receipt, and possession of assault weapons; class E or F felony.
Status: in_force

(a) Prohibitions. —

Except as provided in subsection (b) or (c) of this section, it is unlawful for a person to do any of the following:

(1) Transport an assault weapon into this State.

(2) Manufacture, sell, offer to sell, transfer, purchase, receive, or possess an assault weapon.

(b) Applicability. —

This section does not apply to any of the following:

(1) The following individuals, if acting within the scope of official business:

a. Personnel of the United States government or a unit of that government.

b. Members of the armed forces of the United States or of the National Guard.

c. A law-enforcement officer.

(2) An assault weapon modified to render it permanently inoperative.

(3) Possession, importation, manufacture, receipt for manufacture, shipment for manufacture, storage, purchases, sales, and transport to or by a licensed firearms dealer or manufacturer who does any of the following:

a. Provides or services an assault weapon for a law-enforcement agency of this State or for personnel exempted under paragraph (b)(1) of this section.

b. Acts to sell or transfer an assault weapon to a licensed firearm dealer in another state or to an individual purchaser in another state through a licensed firearms dealer.

c. Acts to return to a customer in another state an assault weapon transferred to the licensed firearms dealer or manufacturer under the terms of a warranty or for repair.

(4) Organizations that are required or authorized by federal law governing their specific business or activity to maintain assault weapons.

(5) The receipt of an assault weapon by inheritance, and possession of the inherited assault weapon, if the decedent lawfully possessed the assault weapon and the person inheriting the assault weapon is not otherwise a person prohibited under § 1448 of this title.

(6) The receipt of an assault weapon by a personal representative of an estate for purposes of exercising the powers and duties of a personal representative of an estate, including transferring the assault weapon according to will or probate proceedings.

(7) Possession by a qualified retired law-enforcement officer who is not otherwise prohibited from receiving an assault weapon if either of the following applies:

a. The assault weapon is sold or transferred to the qualified retired law-enforcement officer by the law-enforcement agency on retirement.

b. The assault weapon was purchased or obtained by the qualified retired law-enforcement officer for official use with the law-enforcement agency before retirement.

(8) Possession or transport by an “armored car guard,” as defined in § 1302 of Title 24, if the armored car agency is acting within the scope of employment with an “armored car agency,” as defined under § 1302 of Title 24, and is licensed under Chapter 13 of Title 24.

(9) Possession, receipt, and testing by, or shipping to or from any of the following:

a. An ISO 17025 accredited, National Institute of Justice-approved ballistics testing laboratory.

b. A facility or entity that manufactures or provides research and development testing, analysis, or engineering for personal protective equipment or vehicle protection systems.

(c) Exceptions. —

(1) A licensed firearms dealer may continue to do all of the following with an assault weapon that the licensed firearms dealer lawfully possessed on or before June 30, 2022:

a. Possess the assault weapon.

b. Sell the assault weapon or offer the assault weapon for sale. But, the licensed firearms dealer may only sell the assault weapon or offer the assault weapon for sale as permitted under paragraph (b)(3)b. of this section.

c. Transfer the assault weapon. But, the licensed firearms dealer may only transfer the assault weapon as permitted by paragraph (b)(3)b. or (b)(3)c. of this section.

(2) a. A licensed firearms dealer may take possession of an assault weapon from a person who lawfully possessed the assault weapon before June 30, 2022, for the purposes of servicing or repairing the assault weapon.

b. A licensed firearms dealer may transfer possession of an assault weapon received under paragraph (c)(2)a. of this section for purposes of accomplishing service or repair of the assault weapon.

(3) A person who lawfully possessed, or completed a purchase of an assault weapon prior to June 30, 2022, may possess and transport the assault weapon on or after June 30, 2022, only under the following circumstances:

a. At that person’s residence, place of business, or other property owned by that person, or on property owned by another person with the owner’s express permission.

b. While on the premises of a shooting range.

c. While attending any exhibition, display, or educational project that is about firearms and that is sponsored by, conducted under the auspices of, or approved by a law-enforcement agency or a nationally or state-recognized entity that fosters proficiency in, or promotes education about, firearms.

d. While transporting the assault weapon between any of the places set forth in this this paragraph (c)(3) of this section, or to any licensed firearms dealer for servicing or repair under paragraph (c)(2) of this section, if the person places the assault weapon in secure storage.

(4) A person may transport an assault weapon to or from any of the following if the person places the assault weapon in secure storage:

a. An ISO 17025 accredited, National Institute of Justice-approved ballistics testing laboratory.

b. A facility or entity that manufactures or provides research and development testing, analysis, or engineering for personal protective equipment or vehicle protection systems.

(5) Ownership of an assault weapon may be transferred from the person owning the assault weapon to a member of that person’s family, and it is lawful for the family member to possess the transferred assault weapon under paragraph (c)(3) of this section, if the transferor lawfully possessed the assault weapon and the family member to whom the assault weapon is transferred is otherwise lawfully permitted to possess it.

(d) Penalty. —

A violation of this section is a class D felony.

(e) Disposal. —

A law-enforcement agency in possession of a person’s assault weapon as a result of an arrest under this section shall dispose of the assault weapon under the process established for deadly weapons and ammunition under § 2311 of this title following the person’s adjudication of delinquency or conviction under this section or by the person’s agreement to forfeit the assault weapon under an agreement to plead delinquent or guilty to another offense.
11 Del. C. § 1941 — Delaware Code / Title 11 / Chapter 19 / Subchapter III / Section 1941
§ Â
        1941. Short title.
Status: in_force

This subchapter may be cited as the “Police Mutual Assistance Act.”
11 Del. C. § 8519 — Delaware Code / Title 11 / Chapter 85 / Subchapter I / Section 8519
§ Â
        8519. Certified copies of records.
Status: in_force

Any copy of a record, picture, photograph, fingerprint or other paper or document in the files of the Bureau certified by the Director or the Director’s designee to be a true copy of the original shall be admissible in evidence in any court of this State in the same manner as the original might be.
11 Del. C. § 841 — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 841
§ Â
        841. Theft; class B felony; class D felony; class F felony; class G felony; class A misdemeanor; restitution.
Status: in_force

(a) A person is guilty of theft when the person takes, exercises control over or obtains property of another person intending to deprive that person of it or appropriate it. Theft includes the acts described in this section, as well as those described in §§ 841A-846 of this title.

(b) A person is guilty of theft if the person, in any capacity, legally receives, takes, exercises control over or obtains property of another which is the subject of theft, and fraudulently converts same to the person’s own use.

(c) (1) Except where a victim is 62 years of age or older, or an “adult who is impaired” as defined in § 3902 of Title 31, or a “person with a disability” as defined in § 3901(a)(2) of Title 12, theft is a class A misdemeanor unless the value of the property received, retained or disposed of is $1,500 or more, in which case it is a class G felony.

(2) Where a victim is 62 years of age or older, or an “adult who is impaired” as defined in § 3902 of Title 31, or a “person with a disability” as defined in § 3901(a)(2) of Title 12, theft is a class G felony unless the value of the property received, retained or disposed of is $1,500 or more, in which case it is a class F felony.

(3) Notwithstanding paragraphs (c)(1) and (2) of this section:

a. Where the value of the property received, retained or disposed of is more than $50,000 but less than $100,000, theft is a class D felony;

b. Where the value of the property received, retained or disposed of is $100,000 or more, theft is a class B felony.

(d) Upon conviction, the sentencing judge shall require full restitution to the victim for any monetary losses suffered and shall consider the imposition of community service and/or an appropriate curfew for a minor.
11 Del. C. § 8523 — Delaware Code / Title 11 / Chapter 85 / Subchapter I / Section 8523
§ Â
        8523. Penalties.
Status: in_force

(a) Whoever intentionally neglects or refuses to make any report lawfully required of the person under this subchapter, or to do or perform any other act so required to be done or performed by the person, or hinders or prevents another from doing an act so required to be done by such person, shall be guilty of a class A misdemeanor and shall be punished according to Chapter 42 of this title.

(b) Any person who knowingly and wrongfully destroys or falsifies by addition or deletion any computerized or manual record of the Bureau or of a criminal justice agency, which contains criminal history record information, or who knowingly permits another to do so, shall be guilty of a class E felony and shall be punished according to Chapter 42 of this title.

(c) Any person who knowingly provides CHRI to another for profit is guilty of a class E felony and shall be punished according to Chapter 42 of this title.

(d) Any person who knowingly provides criminal history record information to a person or agency not authorized by this subchapter to receive such information or who knowingly and wrongfully obtains or uses such information shall be guilty of a class A misdemeanor and shall be punished according to Chapter 42 of this title.

(e) Conviction of a violation of this section shall be prima facie grounds for removal from employment by the State or any political subdivision thereof, in addition to any fine or other sentence imposed.
11 Del. C. § 1509 — Delaware Code / Title 11 / Chapter 15 / Section 1509
§ Â
        1509. Investigative powers of Attorney General.
Status: in_force

(a) Whenever the Attorney General has reasonable cause to believe that any person or enterprise may have knowledge of, has been engaged in or is engaging in any conduct in violation of this chapter, the Attorney General may, in the Attorney General’s discretion, conduct an investigation of such conduct. The Attorney General is authorized before the commencement of any civil or criminal proceeding under this chapter to subpoena witnesses. The Attorney General may issue in writing and cause to be served on any person an investigative demand to compel the attendance of witnesses, examine witnesses under oath, require the production of evidence or documentary materials, and require answers to written interrogatories to be furnished under oath.

(b) The production of documentary material in response to an investigative demand served under this section shall be made pursuant to a sworn certificate, in such form as the demand designates, by the person, if a natural person, to whom the demand is directed or, if not a natural person, by an individual having knowledge of the facts and circumstances relating to the production of materials, which certificate shall affirm that all of the documentary material required by the investigative demand and in the possession, custody or control of the person to whom the demand is directed has been produced and made available to the custodian.

(c) The Attorney General may, in the Attorney General’s discretion, require the production under this section of documentary materials prior to the taking of any testimony of the person subpoenaed. The required documentary materials shall be made available for inspection or copying during normal business hours at the principal place of business of the person served, or at such other time and place as may be agreed upon between the person served and the Attorney General.

(d) The examination of all persons pursuant to this section shall be conducted by the Attorney General or by a person designated in writing to be the Attorney General’s representative, before an officer chosen by the Attorney General who is authorized to administer oaths in this State. The statements made shall be taken down stenographically, or by a sound-recording device, and shall be transcribed.

(e) No person shall, with intent to avoid, evade, prevent or obstruct compliance in whole or in part by any person with any duly served investigative demand of the Attorney General under this section, knowingly remove to any place, conceal, withhold, destroy, mutilate, alter or by any other means falsify any documentary material or materials that are the subject of the demand. A violation of this subsection is a class E felony. The Attorney General shall investigate suspected violations of this section.

(f) In the event a witness subpoenaed under this section fails or refuses to appear, or to produce documentary materials as provided herein, or to give testimony relevant or material to an investigation, the Attorney General may petition the Superior Court in the county where the witness resides for an order requiring the witness to attend and testify, or to produce the documentary materials. Any failure or refusal by the witness to obey an order of the Court may be punishable by the Court as contempt.
11 Del. C. § 8332 — Delaware Code / Title 11 / Chapter 83 / Subchapter II / Section 8332
§ Â
        8332. Payment of benefits.
Status: in_force

Benefits shall be due and payable under this chapter only to the extent provided in this chapter, and neither the State nor the Closed State Police Retirement Fund shall be liable for any amount in excess of such sums.
11 Del. C. § 9022 — Delaware Code / Title 11 / Chapter 90 / Section 9022
§ Â
        9022. Conflict of interest.
Status: in_force

Any member of the Agency, Council, or Appeals Board with a direct or indirect interest in a matter in question shall disqualify themselves from any consideration of that matter.
11 Del. C. § 8708 — Delaware Code / Title 11 / Chapter 87 / Section 8708
§ Â
        8708. Public hearings.
Status: in_force

The Council shall hold public hearings annually in each county for the purpose of carrying out its duties under § 8704(1), (2) and (4) of this title.
11 Del. C. § 2013 — Delaware Code / Title 11 / Chapter 20 / Subchapter I / Section 2013
§ Â
        2013. Handling and preserving an electronic recording.
Status: in_force

Each law-enforcement agency in this State shall establish and enforce procedures to ensure that the electronic recording of all or part of a custodial interrogation and a report or other document required to be prepared under this subchapter is identified, accessible, and preserved consistent with the law of this State governing the preservation of evidence in criminal and delinquency cases.
11 Del. C. § 9703 — Delaware Code / Title 11 / Chapter 97 / Section 9703
§ Â
        9703. Specific functions, bylaws.
Status: repealed

The purpose of the DPAC shall be to provide policy level direction and draft and implement state level police accreditation standards for matters related to accreditation. To that end, it shall:

(1) Develop a statewide police accreditation program.

(2) Develop standards for the police accreditation program to ensure consistency of police operations statewide.

(3) Promote cooperation among state, municipal, university, and Delaware River and Bay Authority police agencies in addressing statewide accreditation needs in Delaware.

(4) Provide recommendations to the Governor and the Delaware General Assembly, when appropriate, concerning issues related to state level police accreditation standards in Delaware.

(5) The DPAC shall operate in accordance with bylaws that it adopts. These bylaws may be amended, supplemented, or repealed by the DPAC in accordance with the Freedom of Information Act, Chapter 100 of Title 29.
11 Del. C. § 9209 — Delaware Code / Title 11 / Chapter 92 / Section 9209
§ Â
        9209. Application of chapter.
Status: in_force

The chapter shall apply to all law-enforcement disciplinary proceedings throughout the State, conducted by the law-enforcement agencies specified in § 9200(b) of this title.
11 Del. C. § 6523 — Delaware Code / Title 11 / Chapter 65 / Subchapter V / Section 6523
§ Â
        6523. Rehabilitation services.
Status: in_force

(a) The Department shall make social, medical, psychological and other appropriate studies and investigations of persons committed to its care for the purpose of rehabilitation of said persons. At the request of any sentencing court, the Department shall, to the extent possible, receive for study and report to the court concerning any person who has been convicted, is before the court for sentencing and is subject to commitment to the Department.

(b) The Department shall take steps to ensure that infectious diseases are not disseminated among the persons committed to the Department’s care and staff. In performing the function, the Department is empowered to review medical histories, to complete medical histories, to complete appropriate medical examinations, to perform laboratory tests as are deemed appropriate, and to begin a course of treatment on persons committed to its care.
11 Del. C. § 8845 — Delaware Code / Title 11 / Chapter 88 / Section 8845
§ Â
        8845. Payment of benefits.
Status: in_force

Benefits shall be due and payable under this chapter only to the extent provided in this chapter, and neither the State nor the County and Municipal Police/Firefighter Retirement Fund shall be liable for any amount in excess of such sums.
11 Del. C. § 1112C — Delaware Code / Title 11 / Chapter 5 / Subchapter V / Section 1112C
§ Â
        1112C. Enticement for purposes of sexual contact; class F felony.
Status: in_force

(a) A person is guilty of enticement if the person, being 18 years of age or older and at least 4 years older than a child, knowingly engages in a course of conduct to persuade, induce, entice, or coerce that involves or results in the person gaining access to and time alone with that child, with the intent of building trust with that child for the purpose of ultimately engaging in sexual contact or penetration with that child.

(b) For purposes of this section, “child” means any individual who is younger than 18 years of age.

(c) For purposes of this section, “a course of conduct” means 3 or more separate incidents that a reasonable person would find inappropriate, in isolation or collectively, given the nature and circumstances of the relationship between the person and the child, including:

(1) Showing, offering, or sending the child sexually-explicit materials, including images, videos, audio recordings, or any other depiction of sexual activity;

(2) Exposing the child to sexually-explicit language or jokes;

(3) Making comments to the child about that child’s sexual or physical development;

(4) Bathing the child;

(5) Walking in on the child who is changing clothes or using the toilet, or watching the child do either;

(6) Asking the child to watch an adult change clothes or use the toilet;

(7) Taking pictures of or videorecording the child while the child is nude or wearing only underwear;

(8) Wrestling the child in underwear or while nude;

(9) Tickling the child;

(10) Playing games with the child that involve touching genitalia;

(11) Buying the child gifts that are not in celebration of a holiday or birthday;

(12) Giving special privileges to the child, such as car rides to or from school or practices; or

(13) Committing any sexual offense, as defined in subpart D of subchapter II of Chapter 5 of this title, or any attempt or solicitation to commit any such sexual offense, against the child;

(d) A conviction is not required for any predicate act relied upon to establish a course of conduct. A conviction for any predicate act relied upon to establish a course of conduct does not preclude prosecution under this section. Nothing in this section shall preclude a separate charge, conviction, or sentence for any other crime set forth in this title, or in the Delaware Code.

(e) For the purposes of this section, it is not a defense to prosecution that no sexual contact or penetration actually occurred.

(f) Enticement for purposes of sexual contact is a class F felony.
11 Del. C. § 8511 — Delaware Code / Title 11 / Chapter 85 / Subchapter I / Section 8511
§ Â
        8511. Time period for submission of required information.
Status: in_force

If no time period is prescribed in this subchapter for the submission of information to the Bureau, the information required shall be submitted within such time period and in such manner as the Director shall designate.
11 Del. C. § 9801 — Delaware Code / Title 11 / Chapter 98 / Section 9801
§ Â
        9801. Definitions  [For application of this section, see 84 Del. Laws, c. 372, Ââ3].
Status: in_force

For purposes of this chapter:

(1) “DELJIS” means the Delaware Criminal Justice Information System.

(2) “Firearm” means as defined in § 8571 of this title.

(3) “Law-enforcement agency” means an agency established by this State, or by any county or municipality within this State, to enforce criminal laws or investigate suspected criminal activity.

(4) “Registry” means the Voluntary Firearms Do-Not-Sell Registry created by this chapter.

(5) “Superintendent” means the Superintendent of the Delaware State Police.

(6) “Transfer” means as defined in § 1448B of this title.
11 Del. C. § 6529A — Delaware Code / Title 11 / Chapter 65 / Subchapter VI / Section 6529A
§ Â
        6529A. Institutional Release Classification Board.
Status: in_force

(a) The Institutional Release Classification Board shall classify any and all inmates seeking release from an institution for whatever reason.

(b) The Institutional Release Classification Board shall consist of 7 members: Two members each from the custodial staff and treatment staff as well as 3 individuals to be appointed by the Criminal Justice Council and whose terms shall run for a period of 4 years from the date of appointment.

(c) The 3 individuals to be appointed by the Criminal Justice Council shall receive compensation in the amount of $90 per meeting. However, no member so appointed shall receive compensation in excess of $4,000 per annum.

(d) The warden of the institution shall possess veto power over decisions of the Board and also shall possess discretionary authority to grant a furlough in the event of the sudden death of a member in an inmate’s immediate family.
11 Del. C. § 856 — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 856
§ Â
        856. Theft, receiving stolen property no defense; receiving stolen property, theft no defense; conviction of both offenses.
Status: in_force

(a) In any prosecution for theft or theft of a firearm, it is no defense that the accused is in fact guilty of receiving stolen property or receiving a stolen firearm. A person may be convicted of the crime which the person has in fact committed.

(b) In any prosecution for receiving stolen property or receiving a stolen firearm, it is no defense that the accused is in fact guilty of theft or theft of a firearm. A person may be convicted of the crime which the person has in fact committed.

(c) A person may not be convicted of both theft and receiving stolen property, or both theft of a firearm and receiving a stolen firearm, with regard to property appropriated in the same transaction or series of transactions. A person may be charged with the crime the person seems most likely to have committed and may be convicted as provided in subsections (a) and (b) of this section.
11 Del. C. § 271 — Delaware Code / Title 11 / Chapter 2 / Section 271
§ Â
        271. Liability for the conduct of another â Generally.
Status: in_force

A person is guilty of an offense committed by another person when:

(1) Acting with the state of mind that is sufficient for commission of the offense, the person causes an innocent or irresponsible person to engage in conduct constituting the offense; or

(2) Intending to promote or facilitate the commission of the offense the person:

a. Solicits, requests, commands, importunes or otherwise attempts to cause the other person to commit it; or

b. Aids, counsels or agrees or attempts to aid the other person in planning or committing it; or

c. Having a legal duty to prevent the commission of the offense, fails to make a proper effort to do so; or

(3) The person’s conduct is expressly declared by this Criminal Code or another statute to establish the person’s complicity.

Nothing in this section shall apply to any law-enforcement officer or the officer’s agent while acting in the lawful performance of duty.
11 Del. C. § 8822 — Delaware Code / Title 11 / Chapter 88 / Section 8822
§ Â
        8822. Ordinary survivorâs pension [For application of this section, see 79 Del. Laws, c. 315, Ââ10].
Status: in_force

(a) Upon the death of a member in service, a monthly survivor’s pension shall be payable to his or her eligible survivor or survivors equal to 3/4 of the service pension the employee would have been eligible to receive had he or she elected the option provided under § 8821A(b) of this title.

(b) Upon the death of an employee in service, whose death occurred in the line of duty, a monthly survivor’s pension shall be payable to the primary survivor equal to 3/4 of the member’s compensation.

(c) Upon the death of an individual receiving a service or disability pension at the time of his or her death, a monthly survivor’s pension shall be payable to the primary survivor and surviving dependents equal to the greater of: (i) 50% of such service or disability pension; (ii) if such pension was computed under the provisions of § 8821A(a) of this title,2/3 of such service or disability pension; (iii) if such pension was computed under the provisions of § 8821A(b) of this title, 75% of such service or disability pension; or (iv) if such pension was computed under the provisions of § 8821A(c) of this title, 100% of such service or disability pension. If the primary survivor is the surviving spouse, such person must have been married to the deceased member:

(1) Prior to retirement; or

(2) For at least 1 year before the date of death, unless the death was the result of an accident.

(d) A survivor’s pension shall begin with the month following the month in which the member or retired member dies. If payable to a surviving spouse who dies or marries, it shall become payable in the following month to the next primary survivor as defined in § 8801 of this title or cease with that month in the absence of the eligible dependents. If payable to a child who dies or fails to meet the conditions of eligibility in § 8801(4) of this title, it shall become payable in the following month to a dependent parent or cease with that month in the absence of eligible parents. If payable to a parent, it shall cease with the month in which the parent dies.
11 Del. C. § 208 — Delaware Code / Title 11 / Chapter 2 / Section 208
§ Â
        208. When prosecution is barred by former prosecution for different offense.
Status: in_force

Although a prosecution is for a violation of a different statutory provision or is based on different facts, it is barred by a former prosecution in a court having jurisdiction over the subject matter of the second prosecution under the following circumstances:

(1) The former prosecution resulted in an acquittal which has not subsequently been set aside or in a conviction as defined in § 207 of this title and the subsequent prosecution is for:

a. Any offense of which the defendant could have been convicted on the first prosecution; or

b. The same conduct, unless:

1. The offense for which the defendant is subsequently prosecuted requires proof of a fact not required by the former offense and the law defining each of the offenses is intended to prevent a substantially different harm or evil; or

2. The second offense was not consummated when the former trial began.

(2) The former prosecution was terminated by an acquittal or by a final order or judgment for the defendant which has not been set aside, reversed or vacated and which acquittal, final order or judgment necessarily required a determination inconsistent with a fact which must be established for conviction of the second offense.

(3) The former prosecution was improperly terminated as improper termination is defined in § 207(4) of this title and the subsequent prosecution is for an offense of which the defendant could have been convicted had the former prosecution not been improperly terminated.
11 Del. C. § 9616 — Delaware Code / Title 11 / Chapter 96 / Subchapter II / Section 9616
§ Â
        9616. Disclosure of actual address.
Status: in_force

The Department of Justice shall not disclose the actual address of a program participant except when any of the following apply:

(1) A federal, state or local government agency has been granted a waiver by the Program and the disclosure is made pursuant to § 9617 of this title.

(2) The Program determines that disclosure is required due to an emergency and the disclosure is made pursuant to § 9618 of this title.

(3) A court of competent jurisdiction orders the Program to disclose the program participant’s actual address and disclosure is made pursuant to the court order.
11 Del. C. § 2408 — Delaware Code / Title 11 / Chapter 24 / Subchapter I / Section 2408
§ Â
        2408. Reports to President Judge.
Status: in_force

(a) Report by Judge. — Within 30 days after the expiration of an order or an extension or renewal thereof entered under this chapter or the denial of an order confirming verbal approval of interception, the issuing or denying Judge shall make a report to the President Judge of the Superior Court stating:

(1) That an order, extension or renewal for which application was made;

(2) The type of order for which application was made;

(3) That the order was granted as applied for, was modified or was denied;

(4) The period of the interceptions authorized by the order and the number and duration of any extensions or renewals of the order;

(5) The offense specified in the order or extension or renewal of an order;

(6) The identity of the person authorizing the application and of the investigative or law-enforcement officer and agency for whom it was made; and

(7) The character of the facilities from which or the place where the communications were to be intercepted.

(b) Reports by Attorney General. — The Attorney General or Deputy Attorney General specifically designated by the Attorney General shall make and file all reports required by federal law.
11 Del. C. § 1908 — Delaware Code / Title 11 / Chapter 19 / Subchapter I / Section 1908
§ Â
        1908. Release of person arrested without warrant.
Status: in_force

(a) Any officer in charge of a police department or any officer delegated by the officer may release, instead of taking before a magistrate, any person who has been arrested without a warrant by an officer of that department whenever:

(1) The officer is satisfied either that there is no ground for making a criminal complaint against the person and no further proceedings are desirable; or

(2) The person was arrested for a misdemeanor and has signed an agreement to appear in court at a time designated, if the officer is satisfied that the person is a resident of the State and will appear in court at the time designated.

(b) A person released as provided in this section shall have no right to sue on the ground that the person was released without being brought before a magistrate.
11 Del. C. § 6560 — Delaware Code / Title 11 / Chapter 65 / Subchapter VIII / Section 6560
§ Â
        6560. Annual reports.
Status: in_force

The Commissioner shall make a report every year on or before November 15 to the Governor, showing the financial operation of the Department for the preceding year, together with adequate statistical information concerning the persons committed to the Department, or under the supervision of the Department, with such research reports, analysis, planning, evaluation and recommendations as may appear necessary to the advancement of the interest of the Department and its objectives. A copy of said report shall be sent to each member of the General Assembly and shall be made available to other agencies and citizens, as desired.
11 Del. C. § 2506 — Delaware Code / Title 11 / Chapter 25 / Subchapter I / Section 2506
§ Â
        2506. Persons absent at time of commission of crime.
Status: in_force

The Governor of this State may surrender, on demand of the executive authority of any other state, any person in this State charged in such other state in the manner provided in § 2503 of this title with committing an act in this State, or in a third state, intentionally resulting in a crime in the state whose executive authority is making the demand, and the provisions of this chapter not otherwise inconsistent shall apply to such cases, even though the accused was not in that state at the time of the commission of the crime, and has not fled therefrom, provided the acts for which extradition is sought would be punishable by the laws of this State, if the consequences claimed to have resulted from those acts in the demanding state had taken effect in this State.
11 Del. C. § 1274 — Delaware Code / Title 11 / Chapter 5 / Subchapter VI / Section 1274
§ Â
        1274. Offenses relating to judicial and similar proceedings; definitions.
Status: in_force

As used in §§ 1261-1273 of this title:

(1) “Benefit” means gain or advantage, or anything regarded by the beneficiary as gain or advantage, including benefit to any other person in whose welfare the beneficiary is interested.

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

(3) “Physical evidence” means any article, object, document, record or other thing of physical substance which is or is about to be produced or used as evidence in an official proceeding.
11 Del. C. § 2404 — Delaware Code / Title 11 / Chapter 24 / Subchapter I / Section 2404
§ Â
        2404. Admissibility of evidence.
Status: in_force

Whenever any wire or oral communication has been intercepted, no part of the contents of the communication and no evidence derived therefrom may be received in evidence in any trial, hearing or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee or other authority of this State or a political subdivision thereof if the disclosure of that information would be in violation of this chapter.
11 Del. C. § 8202 — Delaware Code / Title 11 / Chapter 82 / Section 8202
§ Â
        8202. Powers and duties of Capitol Police; local police officers assisting Capitol Police.
Status: in_force

Capitol Police shall have police powers similar to those of constables and other police officers, and shall be conservators of the peace throughout the State, and they shall suppress all acts of violence, and enforce all laws relating to the safety of persons and property. In addition to the foregoing, Capitol Police shall be authorized to develop, implement, maintain, exercise and update Comprehensive School Safety Plans (CSSPs) pursuant to § 8237 of Title 29 and such regulations adopted in connection therewith, as directed by the Secretary of Safety and Homeland Security.
11 Del. C. § 1112 — Delaware Code / Title 11 / Chapter 5 / Subchapter V / Section 1112
§ Â
        1112. Sexual offenders; prohibitions from school zones.
Status: in_force

(a) Any person who is a sexual offender and who:

(1) Resides on or within 500 feet of the property of any school shall be guilty of a class G felony.

(2) Loiters on or within 500 feet of the property of any school shall be guilty of a class F felony.

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

(1) “Loiter” means:

a. Standing, sitting idly, whether or not the person is in a vehicle, or remaining in or around school property, while not having reason or relationship involving custody of or responsibility for a pupil or any other specific or legitimate reason for being there; or

b. Standing, sitting idly, whether or not the person is in a vehicle, or remaining in or around school property, for the purpose of engaging or soliciting another person to engage in sexual intercourse, sexual penetration, sexual contact, or sexual harassment, sexual extortion, or indecent exposure.

(2) “Reside” means to dwell permanently or continuously or to occupy a dwelling or home as one’s permanent or temporary place of abode.

(3) “School” means any preschool, kindergarten, elementary school, secondary school, vocational technical school or any other institution which has as its primary purpose the education or instruction of children under 16 years of age.

(4) “Sex offender” means as defined in § 4121 of this title.

(c) It shall not be a defense to a prosecution for a violation of this section that the person was unaware that the prohibited conduct took place on or within 500 feet of any school property.
11 Del. C. § 8408 — Delaware Code / Title 11 / Chapter 84 / Section 8408
§ Â
        8408. Appropriations.
Status: in_force

The General Assembly shall appropriate each year to the Commission through the Department of Safety and Homeland Security such funds as are necessary for the purpose of carrying out this chapter.
11 Del. C. § 857 — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 857
§ Â
        857. Theft and related offenses; definitions.
Status: in_force

For purposes of §§ 841-856, 1450 and 1451 of this title:

(1) “Appropriate” means to exercise control, or to aid a third person to exercise control, over property of another person permanently or for so extended a period or under such circumstances as to acquire a major portion of its economic value or benefit, or to dispose of property for the benefit of the actor or a third person.

(2) “Dealer” means a person in the business of buying, selling or lending on the security of goods.

(3) “Deprive” means to withhold property of another person permanently or for so extended a period or under such circumstances as to withhold a major portion of its economic value or benefit, or with intent to restore it only upon payment of a reward or other compensation, or to dispose of property of another person so as to make it unlikely that the owner will recover it.

(4) “Obtain” means to bring about or receive a transfer or purported transfer of any interest in property, whether to the defendant or to another person.

(5) “Owner” means a person who has an interest in property which the defendant is not privileged to infringe, as described in paragraph (5) of this section.

(6) “Property” means anything of value except land, and includes things growing on, affixed to or found in land such as topsoil, sand, minerals, gravel and the like, documents although the rights represented thereby have no physical location, contract rights, trade secrets, choses in action and other interests in or claims to admission or transportation tickets, captured or domestic animals, food, drink and electric or other power.

(7) “Property of another person” includes property in which any person other than the defendant has an interest which the defendant is not privileged to infringe, regardless of the fact that the defendant also has an interest in the property and regardless of the fact that the other person might be precluded from civil recovery because the property was used in an unlawful transaction or was subject to forfeiture as contraband. Property in possession of the actor shall not be deemed property of another who has only a security interest therein, even if legal title is in the creditor pursuant to a conditional sales contract or other security agreement.

(8) “Services” include labor, professional service, transportation, telephone, gas, electricity or other public service, accommodation in hotels, restaurants or elsewhere, admission to exhibitions and use of vehicles or other movable property.

(9) “Trade secret” shall mean “trade secret” as defined in § 2001 of Title 6.
11 Del. C. § 4346 — Delaware Code / Title 11 / Chapter 43 / Subchapter IV / Section 4346
§ Â
        4346. Eligibility for parole.
Status: in_force

(a) A person confined to any correctional facility administered by the Department may be released on parole by the Board if the person has served 1/3 of the term imposed by the court, such term to be reduced by such merit and good behavior credits as have been earned, or 120 days, whichever is greater. For the purpose of this subchapter, “court” shall include any court committing an offender to the Department.

(b) Consistent with law, the Board, upon written recommendation of the court which imposed the sentence, or the Department, may reduce the minimum term of eligibility when the Board is satisfied that the best interest of the public and the welfare of the person will be served by such reduction. Such reduction in the minimum term of eligibility for parole shall be by order of the Board stating the specific date when said person shall become eligible for parole; but such reduction of the minimum term of eligibility for parole shall have no effect on the maximum limits of the sentence. The order of reduction by the Board shall be made in open hearing.

(c) The Board shall have authority to act where the maximum term has been commuted by the Governor. For all purposes of this section, a person sentenced to imprisonment for life shall be considered as having been sentenced to a fixed term of 45 years.

(d) Consistent with law, the Board may adopt such other rules as it deems proper or necessary with respect to the eligibility of persons for parole, the conduct of parole hearings or conditions to be imposed upon parolees.

(e) If good cause for release on the grounds of serious medical illness or infirmity would exist under § 4217 of this title, the Department shall recommend, or the person seeking release may request, that the person’s case be considered by the Board of Parole at a regular or special meeting. When the case is so considered, the Board of Parole, if satisfied that good cause exists and that the release of the person does not constitute a substantial risk under § 4217(b)(1)c. of this title, may order the release of the person on parole without regard to the time already served by the person. The Board of Parole may impose any conditions of parole on the person and may revoke the person’s parole without hearing at any time and for any cause and order the return of the person to the Department.
11 Del. C. § 1243 — Delaware Code / Title 11 / Chapter 5 / Subchapter VI / Section 1243
§ Â
        1243. Obstructing fire-fighting operations; class A misdemeanor.
Status: in_force

A person is guilty of obstructing fire-fighting operations when the person intentionally and unreasonably obstructs the efforts of any firefighter in extinguishing a fire, or prevents or dissuades another person from extinguishing or helping to extinguish a fire.

Obstructing fire-fighting operations is a class A misdemeanor.
11 Del. C. § 454 — Delaware Code / Title 11 / Chapter 4 / Section 454
§ Â
        454. Knowledge of victimâs age.
Status: in_force

Notwithstanding any provision of law to the contrary, it is no defense for an offense or sentencing provision defined in this title or in Title 16 or 31 which has as an element of such offense or sentencing provision the age of the victim that the accused did not know the age of the victim or reasonably believed the person to be of an age which would not meet the element of such offense or sentencing provision unless the statute defining such offense or sentencing provision or a statute directly related thereto expressly provides that knowledge of the victim’s age is an element of the offense or that lack of such knowledge is a defense.
11 Del. C. § 2001 — Delaware Code / Title 11 / Chapter 20 / Subchapter I / Section 2001
§ Â
        2001. Short title.
Status: in_force

This subchapter may be cited as the “Uniform Electronic Recordation of Custodial Interrogations Act.”
11 Del. C. § 1408A — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1408A
§ Â
        1408A. Savings promotion raffle not gambling.
Status: in_force

A savings promotion raffle that conforms with the requirement of § 933 of Title 5 is not gambling and does not constitute a lottery unless the chance to win a prize requires consideration. The deposit of a specified minimum amount of money in a savings account or other savings program that results in an entry in a savings promotion raffle is not consideration.
11 Del. C. § 8599 — Delaware Code / Title 11 / Chapter 85 / Subchapter XI / Section 8599
§ Â
        8599. Responsibilities of compact parties.
Status: in_force

(a) FBI responsibilities. —

The Director of the FBI shall:

(1) Appoint an FBI compact officer who shall:

a. Administer this Compact within the Department of Justice and among federal agencies and other agencies and organizations that submit search requests to the FBI pursuant to §  8599B(c) of this title;

b. Ensure that Compact provisions and rules, procedures, and standards prescribed by the Council under §  8599C of this title are complied with by the Department of Justice and the federal agencies and other agencies and organizations referred to in paragraph (a)(1)a. of this section; and

c. Regulate the use of records received by means of the III System from party states when such records are supplied by the FBI directly to other federal agencies;

(2) Provide to federal agencies and to state criminal history record repositories, criminal history records maintained in its database for the noncriminal justice purposes described in §  8599A of this title, including:

a. Information from nonparty states; and

b. Information from party states that is available from the FBI through the III System but is not available from the party state through the III System;

(3) Provide a telecommunications network and maintain centralized facilities for the exchange of criminal history records for both criminal justice purposes and the noncriminal justice purposes described in §  8599A of this title and ensure that the exchange of such records for criminal justice purposes has priority over exchange for noncriminal justice purposes; and

(4) Modify or enter into user agreements with nonparty state criminal history record repositories to require them to establish record request procedures conforming to those prescribed in §  8599B of this title.

(b) State responsibilities. —

Each party state shall:

(1) Appoint a compact officer who shall:

a. Administer this Compact within that state;

b. Ensure that Compact provisions and rules, procedures, and standards established by the Council under §  8599C of this title are complied with in the state; and

c. Regulate the in-state use of records received by means of the III system from the FBI or from other party states;

(2) Establish and maintain a criminal history record repository, which shall provide:

a. Information and records for the National Identification Index and the National Fingerprint File; and

b. The state’s III System-indexed criminal history records for noncriminal justice purposes described in §  8599A of this title;

(3) Participate in the National Fingerprint File; and

(4) Provide and maintain telecommunications links and related equipment necessary to support the services set forth in this Compact.

(c) Compliance with III System standards. —

In carrying out their responsibilities under this Compact, the FBI and each party state shall comply with III System rules, procedures, and standards duly established by the Council concerning record dissemination and use, response times, data quality, system security, accuracy, privacy protection, and other aspects of III System operation.

(d) Maintenance of record services. —

(1) Use of the III system for noncriminal justice purposes authorized in this Compact shall be managed so as not to diminish the level of services provided in support of criminal justice purposes.

(2) Administration of compact provisions shall not reduce the level of service available to authorized noncriminal justice users on the effective date of this Compact.
11 Del. C. § 851 — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 851
§ Â
        851. Receiving stolen property; class G felony; class A misdemeanor.
Status: in_force

A person is guilty of receiving stolen property if the person intentionally receives, retains or disposes of property 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 stolen property is a class A misdemeanor unless the value of the property received, retained or disposed of is $1,500 or more, or unless the receiver has twice before been convicted of receiving stolen property, in which case it is a class G felony.
11 Del. C. § 8819 — Delaware Code / Title 11 / Chapter 88 / Section 8819
§ Â
        8819. Amount of unified service, disability or survivor pension.
Status: in_force

The amount of the unified pension payable to an employee, former employee or survivor shall be the sum of the following:

(1) The amount computed according to this chapter, exclusive of service credited under § 8801(6) of this title; plus

(2) The sum of the amounts computed, based on credited service as an employee, according to subchapter II of Chapter 55 of Title 29; subchapter II of Chapter 55A of Title 29; and subchapter III of Chapter 83 of this title.
11 Del. C. § 9106 — Delaware Code / Title 11 / Chapter 91 / Section 9106
§ Â
        9106. Penalties.
Status: in_force

Any person convicted of a violation of this chapter shall be guilty of a class A misdemeanor.
11 Del. C. § 4353 — Delaware Code / Title 11 / Chapter 43 / Subchapter IV / Section 4353
§ Â
        4353. Mental health evaluations required prior to parole.
Status: in_force

(a) No person who has been convicted of and imprisoned for any class A felony, felony sex offense or any felony wherein death or assault to a victim occurred shall be released from incarceration by the Parole Board until the Parole Board has considered a mental health evaluation of such person. The Parole Board, in its discretion, may request mental health evaluations on persons convicted and imprisoned for any offense not enumerated above.

(b) The Department of Correction shall ensure that mental health evaluations required by subsection (a) of this section are available to the Parole Board at the time of the hearing in those cases wherein a favorable recommendation is made by the Department to the Board.

In cases wherein a favorable recommendation is not made by the Department but the Parole Board has determined that the person is otherwise suitable for release on parole, the Parole Board must request a mental health evaluation, pursuant to this section.

(c) The Parole Board may consider any mental health evaluation conducted within 12 months prior to the person’s parole hearing in lieu of requesting a new mental health evaluation. However, for persons convicted and imprisoned for any of the offenses listed in subsection (a) of this section, the Parole Board may determine that it requires additional information. In such case as additional information is required, no person shall be released from incarceration until such additional information has been considered by the Parole Board.

(d) Mental health evaluations conducted pursuant to this section will be administered by a person with professional education and training. The mental health evaluation to the Parole Board shall consist of:

(1) Background information or historical information about the person’s mental health;

(2) Information about the person’s functioning in the prison or institutional setting;

(3) A description of the person’s current mental health; and

(4) A summary with a prognosis of expected behavior if the person were paroled, including any specific recommendations for mental health care.

(e) Any mental health evaluations prepared pursuant to this section will be provided to each member of the Parole Board for their consideration in determining whether the person should be released from prison.

(f) Nothing in this section shall preclude the parole of a person for treatment to another institution because of a physical or mental condition, as provided in § 4346 of this title.
11 Del. C. § 1368 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1368
§ Â
        1368. Unauthorized participation in a boxing, mixed martial arts or in a combative sports or combative sports entertainment or combative fighting match, contest, or event; class A misdemeanor.
Status: in_force

(a) A person is guilty of the unauthorized participation in a boxing, mixed martial arts or in a combative sports or combative sports entertainment or combative fighting match, contest, or event if the person participates as a competitor in a boxing, mixed martial arts or in a combative sports entertainment or combative fighting match, contest, or event in violation of Chapter 1 of Title 28.

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

(c) The unauthorized participation in a boxing, mixed martial arts or in a combative sports or combative sports entertainment or combative fighting match, contest, or event is a class A misdemeanor.
11 Del. C. § 1944 — Delaware Code / Title 11 / Chapter 19 / Subchapter III / Section 1944
§ Â
        1944. Mutual assistance.
Status: repealed

(a) The police agency of a jurisdiction may in its discretion enter into agreements to provide mutual assistance for such periods as it deems advisable with any other jurisdiction within or without the State, including the District of Columbia. Such agreements must set forth the rights and obligations of the parties with respect to the mutual assistance contemplated under the agreement.

(b) [Repealed.]
11 Del. C. § 8841 — Delaware Code / Title 11 / Chapter 88 / Section 8841
§ Â
        8841. Member contributions.
Status: in_force

(a) Effective January 1, 2006, member contributions to the fund shall be 7% of monthly compensation.

(b) An employee can repay a withdrawal benefit using a rollover distribution from:

(1) A direct rollover of an eligible rollover distribution from:

a. A qualified plan described in § 401(a) of the United States Internal Revenue Code [26 U.S.C. § 401(a)];

b. An annuity contract described in § 403(b) of the United States Internal Revenue Code [26 U.S.C. § 403(b)]; or

c. An eligible plan under § 457(b) of the United States Internal Revenue Code [26 U.S.C. § 457(b)].

(2) A participant contribution of an eligible rollover distribution from:

a. A qualified plan described in § 401(a) of the United States Internal Revenue Code [26 U.S.C. § 401(a)];

b. An annuity contract described in § 403(b) of the United States Internal Revenue Code [26 U.S.C. § 403(b)]; or

c. An eligible plan under § 457(b) of the United States Internal Revenue Code [26 U.S.C. § 457(b)].

(3) A participant rollover contribution of the portion of a distribution from an individual retirement account or annuity described in § 408 of the United States Internal Revenue Code [26 U.S.C. § 408] that is eligible to be rolled over and would otherwise be includible in gross income.
11 Del. C. § 3522 — Delaware Code / Title 11 / Chapter 35 / Subchapter II / Section 3522
§ Â
        3522. Testimony in another state.
Status: in_force

(a) If a judge of a court of record in any state which by its laws has made provision for commanding persons within that state to attend and testify in this State certifies under the seal of such court that there is a criminal prosecution pending in such court, or that a grand jury investigation has commenced or is about to commence, that a person being within this State is a material witness in such prosecution or grand jury investigation, and that the person’s presence will be required for a specified number of days, upon presentation of such certificate to any judge of a court of record in the county in which such person is, such judge shall fix a time and place for a hearing, and shall make an order directing the witness to appear at a time and place certain for the hearing.

(b) If at a hearing the judge determines that the witness is material and necessary, that it will not cause undue hardship to the witness to be compelled to attend and testify in the prosecution or a grand jury investigation in the other state and that the laws of the state in which the prosecution is pending or grand jury investigation has commenced or is about to commence will give to the witness protection from arrest and the service of civil and criminal process, the judge shall issue a summons, with a copy of the certificate attached, directing the witness to attend and testify in the court where the prosecution is pending or where a grand jury investigation has commenced or is about to commence at a time and place specified in the summons. In any such hearing the certificate shall be prima facie evidence of all the facts stated therein.

(c) If the certificate recommends that the witness be taken into immediate custody and delivered to an officer of the requesting state to assure attendance in the requesting state, such judge may, in lieu of notification of the hearing, direct that such witness be forthwith brought before the judge for said hearing; and the judge at the hearing being satisfied of the desirability of such custody and delivery, for which determination the certificate shall be prima facie proof of such desirability, may, in lieu of issuing subpoena or summons, order that said witness be forthwith taken into custody and delivered to an officer of the requesting state.

(d) If the witness, who is summoned as above provided, after being paid or tendered by some properly authorized person the sum of 10 cents a mile for each mile by the ordinarily traveled route to and from the court where the prosecution is pending and $5 for each day that the witness is required to travel and attend as a witness, fails without good cause to attend and testify as directed in the summons, the witness shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this State.
11 Del. C. § 8823 — Delaware Code / Title 11 / Chapter 88 / Section 8823
§ Â
        8823. Death benefit.
Status: in_force

Upon the death of a member, inactive member, retired member or individual receiving a survivor’s pension, there shall be paid to the designated beneficiary or beneficiaries or, in the absence of a designated beneficiary, to the estate of the member, inactive member, retired member or survivor, a lump sum equal to the excess, if any, of the accumulated member contributions with interest over the aggregate of all pension payments made.
11 Del. C. § 769 — Delaware Code / Title 11 / Chapter 5 / Subchapter II / Section 769
§ Â
        769. Unlawful sexual contact in the first degree; class D felony.
Status: repealed

(a) A person is guilty of unlawful sexual contact in the first degree when:

(1) In the course of committing unlawful sexual contact in the third degree or in the course of committing unlawful sexual contact in the second degree, or during the immediate flight from the crime, or during an attempt to prevent the reporting of the crime, the person causes physical injury to the victim or the person displays what appears to be a deadly weapon or dangerous instrument; or represents by word or conduct that the person is in possession or control of a deadly weapon or dangerous instrument.

(2) [Repealed.]

(3) The person intentionally has sexual contact with another person who is less than 13 years of age or causes the victim to have sexual contact with the person or a third person.

(b) Unlawful sexual contact in the first degree is a class D felony.
11 Del. C. § 9203 — Delaware Code / Title 11 / Chapter 92 / Section 9203
§ Â
        9203. Hearing â Required on suspension or other disciplinary action.
Status: in_force

If a law-enforcement officer is:

(1) Suspended for any disciplinary reason; or

(2) Charged with conduct alleged to violate the rules or regulations or general orders of the agency that employs the officer; or

(3) Charged with a breach of discipline of any kind, which charge could lead to any form of disciplinary action (other than a reprimand) which may become part of the officer’s permanent personnel record,

then that officer shall be entitled to a hearing which shall be conducted in accordance with this chapter unless a contractual disciplinary grievance procedure executed by and between the agency and the bargaining unit of that officer is in effect, in which case the terms of that disciplinary grievance procedure shall take precedence and govern the conduct of the hearing.
11 Del. C. § 408 — Delaware Code / Title 11 / Chapter 4 / Section 408
§ Â
        408. Verdict of âguilty, but mentally illâ â Sentence; confinement; discharge from treating facility.
Status: in_force

(a) Where a defendant’s defense is based upon allegations which, if true, would be grounds for a verdict of “guilty, but mentally ill” or the defendant desires to enter a plea to that effect, no finding of “guilty, but mentally ill” shall be rendered until the trier of fact has examined all appropriate reports (including the presentence investigation); has held a hearing on the sole issue of the defendant’s mental illness, at which either party may present evidence; and is satisfied that the defendant did in fact have a mental illness at the time of the offense to which the plea is entered. Where the trier of fact, after such hearing, is not satisfied that the defendant had a mental illness at the time of the offense, or determines that the facts do not support a “guilty, but mentally ill” plea, the trier of fact shall strike such plea, or permit such plea to be withdrawn by the defendant. A defendant whose plea is not accepted by the trier of fact shall be entitled to a jury trial, except that if a defendant subsequently waives the right to a jury trial, the judge who presided at the hearing on mental illness shall not preside at the trial.

(b) In a trial under this section a defendant found guilty but mentally ill, or whose plea to that effect is accepted, may have any sentence imposed which may lawfully be imposed upon any defendant for the same offense. Such defendant shall be committed into the custody of the Department of Correction, and shall undergo such further evaluation and be given such immediate and temporary treatment as is psychiatrically indicated. The Commissioner shall retain exclusive jurisdiction over such person in all matters relating to security. The Commissioner shall thereupon confine such person in the Delaware Psychiatric Center, or other suitable place for the residential treatment of criminally culpable persons with a mental illness under the age of 18 who have been found nonamenable to the processes of Family Court. Although such person shall remain under the jurisdiction of the Department of Correction, decisions directly related to treatment for the mental illness for individuals placed at the Delaware Psychiatric Center, shall be the joint responsibility of the Director of the Division of Substance Abuse and Mental Health and those persons at the Delaware Psychiatric Center who are directly responsible for such treatment. The Delaware Psychiatric Center, or any other residential treatment facility to which the defendant is committed by the Commissioner, shall have the authority to discharge the defendant from the facility and return the defendant to the physical custody of the Commissioner whenever the facility believes that such a discharge is in the best interests of the defendant. The offender may, by written statement, refuse to take any drugs which are prescribed for treatment of the offender’s mental illness; except when such a refusal will endanger the life of the offender, or the lives or property of other persons with whom the offender has contact.

(c) When the Psychiatric Center or other treating facility designated by the Commissioner discharges an offender prior to the expiration of such person’s sentence, the treating facility shall transmit to the Commissioner and to the Parole Board a report on the condition of the offender which contains the clinical facts; the diagnosis; the course of treatment, and prognosis for the remission of symptoms; the potential for the recidivism, and for danger to the offender’s own person or the public; and recommendations for future treatment. Where an offender under this section is sentenced to the Psychiatric Center or other facility, the offender shall not be eligible for any privileges not permitted in writing by the Commissioner (including escorted or unescorted on-grounds or off-grounds privileges) until the offender has become eligible for parole. Where the court finds that the offender, before completing the sentence, no longer needs nor could benefit from treatment for the offender’s mental illness, the offender shall be remanded to the Department of Correction. The offender shall have credited toward the sentence the time served at the Psychiatric Center or other facility.

(d) No individual under the age of 18 shall be placed at the Delaware Psychiatric Center. Nothing herein shall prevent either the transfer to or placement at the Delaware Psychiatric Center any person who has reached the age of 18 following any finding of guilty, but mentally ill.
11 Del. C. § 5920 — Delaware Code / Title 11 / Chapter 59 / Section 5920
§ Â
        5920. Appeals.
Status: in_force

From any order, ruling, decision, judgment or sentence of the Court entered in a Justice of the Peace Court in a criminal action pursuant to this title in which the sentence shall be imprisonment exceeding 1 month or a fine exceeding $100, the accused shall have the right of appeal to the Court of Common Pleas in and for the county wherein the offense was committed. Such appeal to the Court of Common Pleas shall be tried de novo.
11 Del. C. § 8594 — Delaware Code / Title 11 / Chapter 85 / Subchapter X / Section 8594
§ Â
        8594. Authority of the State Bureau of Identification.
Status: in_force

This subchapter is intended for use by an applicant for a driving privilege card who may or may not have sufficient identification or documentation to prove his or her identity, pursuant to the procedures established in § 8595 of this title. The State Bureau of Identification, hereinafter referred to as “Bureau,” shall facilitate the criminal background check of applicants. The Bureau is hereby authorized to promulgate such reasonable forms, fees, and regulations as may be necessary or desirable to effectuate the provisions of this subchapter.
11 Del. C. § 2547 — Delaware Code / Title 11 / Chapter 25 / Subchapter II / Section 2547
§ Â
        2547. Effect of agreement; repeal; preservation of rights.
Status: in_force

This agreement shall enter into full force and effect as to a party state when such state has enacted the same into law. A state party to this agreement may withdraw by enacting a statute repealing the same. However, the withdrawal of any state shall not affect the status of any proceedings already initiated by inmates or by state officers at the time such withdrawal takes effect, nor shall it affect their rights in respect thereof.
11 Del. C. § 1241 — Delaware Code / Title 11 / Chapter 5 / Subchapter VI / Section 1241
§ Â
        1241. Refusing to aid a police officer; class B misdemeanor.
Status: in_force

A person is guilty of refusing to aid a police officer when, upon command by a police officer identifiable or identified by the officer as such, the person unreasonably fails or refuses to aid the police officer in effecting an arrest, or in preventing the commission by another person of any offense.

Refusing to aid a police officer is a class B misdemeanor.
11 Del. C. § 1261 — Delaware Code / Title 11 / Chapter 5 / Subchapter VI / Section 1261
§ Â
        1261. Bribing a witness; class E felony.
Status: in_force

A person is guilty of bribing a witness when the person offers, confers or agrees to confer any benefit upon a witness or a person about to be called as a witness in any official proceeding upon an agreement or understanding that:

(1) The testimony of the witness will thereby be influenced; or

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

Bribing a witness is a class E felony.