11 Del. C. § 8814 — Delaware Code / Title 11 / Chapter 88 / Section 8814
§ Â
        8814. Vesting rights; return to service.
Status: in_force

(a) A member who has 5 years of credited service shall have a vested right to a service pension.

(b) If a member who has less than 5 years of credited service ceases to be an employee, the service credits to the date of termination shall be cancelled unless:

(1) The member again becomes an employee within 4 months after such cessation of employment; or

(2) The member subsequently acquires 5 years of credited service; or

(3) The member has joined a state pension plan which provides for a unified state service pension and subsequently acquires 5 years of credited service; and provided that, if the member has withdrawn that member’s own contributions, the member repays them with interest at a rate determined by the Board.

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

(d) A former employee’s vested right shall be forfeited upon application for a refund of accumulated contribution.
11 Del. C. § 2402 — Delaware Code / Title 11 / Chapter 24 / Subchapter I / Section 2402
§ Â
        2402. Interception of communications generally; divulging contents of communications, violations of chapter.
Status: in_force

(a) Prohibited acts. — Except as specifically provided in this chapter or elsewhere in this Code no person shall:

(1) Intentionally intercept, endeavor to intercept, or procure any other person to intercept or endeavor to intercept any wire, oral or electronic communication;

(2) Intentionally disclose or endeavor to disclose to any other person the contents of any wire, oral or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral or electronic communication in violation of this chapter; or

(3) Intentionally use or endeavor to use the contents of any wire, oral or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral or electronic communication in violation of this chapter.

(b) Penalties for violation of subsection (a) of this section. — Any person who violates subsection (a) of this section shall be guilty of a class E felony and be fined not more than $10,000.

(c) Lawful acts. — It is lawful:

(1) For an operator of a switchboard or an officer, employee or agent of a provider of wire or electronic communication service whose facilities are used in the transmission of wire or electronic communication to intercept, disclose or use such communication in the normal course of employment while engaged in any activity that is necessarily incident to the rendition of such person’s service or to the protection of the rights or property of the provider of that service, except that a provider of wire communications service to the public may not utilize service observing or random monitoring except for mechanical or service quality control checks.

(2) For a provider of wire or electronic communication service, its officers, employees and agents, landlords, custodians or other persons to provide information, facilities or technical assistance to persons authorized by federal or State law to intercept wire, oral, or electronic communications or to conduct electronic surveillance, if the provider, its officers, employees or agents, landlord, custodian or other specified person has been provided with a court order signed by an authorizing judge directing the provision of information, facilities or technical assistance.

a. An order as prescribed by this paragraph shall set forth the period of time during which the provision of the information, facilities or technical assistance is authorized and specify the information, facilities or technical assistance required.

b. A provider of wire or electronic communication service, its officers, employees or agents, or landlord, custodian or other specified person may not disclose the existence of any interception or surveillance or the device used to accomplish the interception or surveillance with respect to which the person has been furnished an order under this paragraph, except as may otherwise be required by legal process and then only after prior notification to the judge who granted the order, if appropriate, or the Attorney General of this State or the Attorney General’s designee. Any unauthorized disclosure shall render the person liable for compensatory damages.

c. No cause of action shall lie in any court against any provider of wire or electronic communication service, its officers, employees or agents, or landlord, custodian or other specified person for providing information, facilities, or assistance in accordance with the terms of a court order issued pursuant to this chapter.

(3) For an investigative or law-enforcement officer acting in a criminal investigation or any other person acting at the prior direction and under the supervision of an investigative or law-enforcement officer in such investigation pursuant to a court order issued by the Superior Court pursuant to § 2407 of this title to intercept a wire, oral or electronic communication in order to provide evidence of the commission of the offenses including racketeering, murder, kidnapping, human trafficking, gambling, robbery, bribery, extortion, dealing in narcotic drugs or dangerous drugs, dealing in central nervous system depressant or stimulant drugs, controlled substances or counterfeit controlled substances, prison escape, jury tampering, stalking, any felony involving risk of physical injury to a victim or any conspiracy or solicitation to commit any of the foregoing offenses or which may provide evidence aiding in the apprehension of the perpetrator of any of the foregoing offenses.

(4) For a person to intercept a wire, oral or electronic communication where the person is a party to the communication or where one of the parties to the communication has given prior consent to the interception, unless the communication is intercepted for the purpose of committing any criminal or tortious act in violation of the constitutions or laws of the United States, this State or any other state or any political subdivision of the United States or this or any other state.

(5) For a law-enforcement officer in the course of the officer’s regular duty to intercept an oral communication, if:

a. The law-enforcement officer initially detained 1 of the parties and overhears a conversation;

b. The law-enforcement officer is a party to the oral communication;

c. Both parties to the oral communication are present in a law-enforcement facility where there is notice to occupants that such communications are monitored;

d. The law-enforcement officer has been identified as a law-enforcement officer to the other party to the oral communication prior to any interception; or

e. The oral interception is being made as part of a video tape recording.

(6) For an officer, employee or agent of a government emergency communications center to intercept a wire, oral or electronic communication where the officer, agent or employee is a party to a conversation concerning an emergency.

(7) For law-enforcement personnel or those acting under their direction to utilize body wires to intercept oral communications in the course of a criminal investigation when the law-enforcement personnel or a person acting under their direction is a party to the communication. Communications intercepted by such means may be recorded and may be used against the defendant in a criminal proceeding.

(8) For a person:

a. To intercept or access an electronic communication made through an electronic communication system that is configured so that the electronic communication is readily accessible to the general public;

b. To intercept any radio communication that is transmitted:

1. By any station for the use of the general public or that relates to ships, aircraft, vehicles or persons in distress;

2. By any governmental, law enforcement, civil defense, private land mobile or public safety communications system, including police and fire, readily accessible to the general public;

3. By a station operating on an authorized frequency within the bands allocated to the amateur, citizens band or general mobile radio services; or

4. By any marine or aeronautical communications system;

c. To intercept any wire or electronic communication the transmission of which is causing harmful interference to any lawfully operating station or consumer electronic equipment to the extent necessary to identify the source of the interference; or,

d. For other users of the same frequency to intercept any radio communication made through a system that utilizes frequencies monitored by individuals engaged in the provision or the use of the system, if the communication is not scrambled or encrypted.

(9) To use a pen register or trap and trace device.

(10) For a provider of electronic communication service to record the fact that a wire or electronic communication was initiated or completed in order to protect the provider or another provider furnishing service toward the completion of the wire or electronic communication or a user of that service, from fraudulent, unlawful or abusive use of the service.

(11) For a person acting under color of law and employed for such purpose by the Department of Correction to intercept an electronic or oral communication of any individual confined to a State correctional facility. At the direction of the Commissioner of Correction or the Commissioner’s designee, a person performing an official investigation into suspected criminal activity may monitor and intercept the incoming and outgoing electronic communication of any individual incarcerated in a State correctional facility. The Department may also employ devices to monitor any incarcerated individual’s incoming and outgoing electronic communication for words or phrases that would justify further investigation. The Department shall not monitor or intercept any communication between an individual confined in a State correctional facility and that individual’s attorney.

(d) Divulging contents of communications. — Except as provided in this subsection, a person or entity providing an electronic communication service to the public may not intentionally divulge the contents of any communication (other than one to the person or entity providing the service, or an agent of the person or entity) while in transmission on that service to any person or entity other than an addressee or intended recipient of the communication or an agent of the addressee or intended recipient.

(1) A person or entity providing electronic communication service to the public may divulge the contents of a communication:

a. As otherwise authorized by federal or state law;

b. To a person employed or authorized, or whose facilities are used, to forward the communication to its destination; or

c. That were inadvertently obtained by the service provider and that appear to pertain to the commission of a crime, if the divulgence is made to a law-enforcement agency.

(2) Unless the conduct is for the purpose of direct or indirect commercial advantage or private financial gain, conduct that would otherwise be an offense under this subsection is not an offense if the conduct consists of or relates to the interception of a satellite transmission that is not encrypted or scrambled and that is transmitted:

a. To a broadcasting station for purposes of retransmission to the general public; or

b. As an audio subcarrier intended for redistribution to facilities open to the public, but not including data transmissions or telephone calls.

(e) Penalties for divulging contents of communications. — Whoever violates subsection (d) of this section shall:

(1) Except as otherwise provided in this subsection, be guilty of a class F felony and fined not more than $10,000.

(2) For any offense that is a first offense:

a. Which was not for a tortious or illegal purpose or for purposes of direct or indirect commercial advantage or private commercial gain; and

b. Which involved a wire or electronic communication that was a radio communication that was not scrambled or encrypted; and

c. Which involved a communication that was not the radio portion of a cellular telephone communication, a public land mobile radio service communication or a paging service communication;

be guilty of a class A misdemeanor.

(3) For any offense that is a first offense:

a. Which was not for a tortious or illegal purpose or for purposes of direct or indirect commercial advantage or private commercial gain; and

b. Which involved a wire or electronic communication that was a radio communication that was not scrambled or encrypted; and

c. Which involved a communication that was the radio portion of a cellular telephone communication, a public land mobile radio service communication or a paging service communication;

be guilty of an unclassified misdemeanor.

(f) Civil liability for violations of § 2402 or § 2403 of this title. — A person who engages in conduct in violation of § 2402 or § 2403 of this title is subject to suit by the federal government or by the State in a court of competent jurisdiction, if the communication is:

(1) A private satellite video communication that is not scrambled or encrypted and the conduct in violation of § 2402 or § 2403 of this title is the private viewing of that communication and is not for a tortious or illegal purpose or for purposes of direct or indirect commercial advantage or private commercial gain; or

(2) A radio communication that is transmitted on frequencies allocated under Subpart D of Part 74 [47 C.F.R. § 74.401 et seq.] of the Rules of the Federal Communications Commission that is not scrambled or encrypted and the conduct in violation of § 2402 or § 2403 of this title is not for a tortious or illegal purpose or for purpose of direct or indirect commercial advantage or private commercial gain.

(g) Injunctive relief — Civil penalties. — The State is entitled to appropriate injunctive relief in an action under this subsection if the violation is the person’s first offense under paragraph (e)(1) of this section and the person has not been found liable in a prior civil action under § 2409 of this title. However, in any action under this subsection, if the violation is a second or subsequent offense under paragraph (e)(1) of this section or if the person has been found liable in a prior civil action under § 2409 of this title, the person is subject to a mandatory civil fine of not less than $400. The Court may use any means within its authority to enforce an injunction issued under this subsection and shall impose a civil fine of not less than $500 for each violation of an injunction issued under this subsection.
11 Del. C. § 1320 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1320
§ Â
        1320. Loitering on property of a state-supported school, college or university; violation.
Status: in_force

A person is guilty of loitering on property of a state-supported school, college or university when the person loiters or remains in or about the buildings or grounds of a school, college or university supported in whole or in part with state funds, not having any reason or relationship involving custody of or responsibility for a pupil or student, or any other specific, legitimate reason for being there, and not having written permission from anyone authorized to grant the same.

Any law-enforcement officer, state official or employee, the owner or occupier of such lands or property, an agent or employee of such persons, or any other person or persons whom they may call to their assistance, may arrest such loiterer, either with or without warrant, either upon the premises or in immediate flight therefrom and, if with warrant, then at any place.

Loitering on property of a state-supported school, college or university is a violation.
11 Del. C. § 1366 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1366
§ Â
        1366. Outdoor motion picture theaters.
Status: in_force

(a) Whoever being the owner or operator of an outdoor motion picture theater exhibits or permits to be exhibited any film not suitable for minors or harmful to minors and which film can be viewed by such minors not in attendance at the said outdoor motion picture theater shall be guilty of a class A misdemeanor.

(b) Definitions as used in this section:

(1) “Code and Rating Administration of the Motion Picture Association of America” ratings are:

“G” — All ages admitted. General audiences;

“PG” — All ages admitted. Parental guidance suggested;

“R” — Restricted. Under 17 requires accompanying parent or adult guardian;

“X” — No one under 17 admitted.

(2) “Film” means any motion picture film or series of films, whether full length or short subject, but does not include newsreels portraying actual current events or pictorial news of the day.

(3) “Harmful to minors” means that quality of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement or sado-masochistic abuse which predominately appeals to the prurient, shameful or morbid interest of minors and is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors, and taken as a whole the work lacks serious literary, artistical, political or scientific value for minors.

(4) “Minor” means any person under the age of 17 years.

(5) “Not suitable for minors” means any film, reel or view which has a rating of “R” or “X” according to the Code and Rating Administration of the Motion Picture Association of America.

(6) “Nudity” means the showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple or the depiction of covered male genitals in a discernibly turgid state.

(7) “Sado-masochistic abuse” means flagellation or torture practiced by or upon a person clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.

(8) “Sexual conduct” means acts of masturbation, homosexuality, sexual intercourse or physical contact with a person’s unclothed genitals or pubic area or a female person’s breast.

(9) “Sexual excitement” means the condition of human male or female genitals in a state of sexual stimulation or arousal.

(10) “Suitable for minors” means any film, reel or view which has a rating of “G” or “PG” according to the Code and Rating Administration of the Motion Picture Association of America.
11 Del. C. § 1267 — Delaware Code / Title 11 / Chapter 5 / Subchapter VI / Section 1267
§ Â
        1267. Misconduct by a juror; class A misdemeanor.
Status: in_force

A person is guilty of misconduct by a juror when, in relation to an official proceeding pending or about to be brought before the juror:

(1) The juror agrees to give a vote, opinion, judgment decision or report for or against any party to the action or proceeding, or

(2) The juror solicits, negotiates, accepts or agrees to accept any payment or benefit for himself or herself for a third person in consideration for supplying any information depicting the juror’s service.

For purposes of this section, a juror shall be any person who has received notice of summons to appear for jury service.

Misconduct by a juror is a class A misdemeanor.
11 Del. C. § 281 — Delaware Code / Title 11 / Chapter 2 / Section 281
§ Â
        281. Criminal liability of organizations.
Status: in_force

An organization is guilty of an offense when:

(1) The conduct constituting the offense consists of an omission to discharge a specific duty of affirmative performance imposed on organizations by law; or

(2) The conduct constituting the offense is engaged in, authorized, solicited, requested, commanded or recklessly tolerated by the board of directors or by a high managerial agent acting within the scope of employment and in behalf of the organization; or

(3) The conduct constituting the offense is engaged in by an agent of the organization while acting within the scope of employment and in behalf of the organization and:

a. The offense is a misdemeanor or a violation; or

b. The offense is one defined by a statute which clearly indicates a legislative intent to impose such criminal liability on an organization.
11 Del. C. § 2421 — Delaware Code / Title 11 / Chapter 24 / Subchapter II / Section 2421
§ Â
        2421. Obtaining, altering or preventing authorized access.
Status: in_force

(a) General provisions. — Except as provided in subsection (c) of this section, a person may not obtain, alter or prevent authorized access to a wire or electronic communication while it is in electronic storage in an electronic communications system by:

(1) Intentionally accessing with authorization a facility through which an electronic communication service is provided; or

(2) Intentionally exceeding an authorization to access a facility through which an electronic communication service is provided.

(b) Penalties. — A person who violates the provisions of subsection (a) of this section is subject to the following penalties:

(1) If the offense is committed for purposes of commercial advantage, malicious destruction or damage, or private commercial gain:

a. For a first offense, the person shall be guilty of a class B misdemeanor and be fined not more than $250,000; and

b. For a second or subsequent offense, the person shall be guilty of a Class A misdemeanor and be fined not more than $250,000.

(2) In all other circumstances, the person shall be guilty of a class B misdemeanor and be fined not more than $5,000.

(c) Applicability of section. — Subsection (a) of this section does not apply to conduct authorized:

(1) By the person or entity providing a wire or electronic communications service;

(2) By a user of a wire or electronic communications service with respect to a communication of or intended for that user; or

(3) Under the provisions of this chapter.
11 Del. C. § 8531 — Delaware Code / Title 11 / Chapter 85 / Subchapter II / Section 8531
§ Â
        8531. Definitions.
Status: in_force

For purposes of this subchapter:

(1) “Complaint” means a report, notification, or information given to a law-enforcement officer that a person is missing or cannot, with reasonable care, be located.

(2) “Missing person” means a person who is missing, and who also meets 1 of the following characteristics:

a. Is a person with physical, intellectual, or developmental disabilities.

b. The person was, or is, in the company of another person under circumstances indicating that the missing person’s safety may be in danger.

c. The person is missing under circumstances indicating that the disappearance was not voluntary.

d. The person is a child.

(3) “Verified location” means the location where it has been confirmed that the missing person was last seen. For purposes of this paragraph (3), “confirmed” includes credible witness identification and verification by video surveillance or similar technology.
11 Del. C. § 8521 — Delaware Code / Title 11 / Chapter 85 / Subchapter I / Section 8521
§ Â
        8521. Access to files.
Status: in_force

Only employees of the Bureau and persons specifically authorized by the Director shall have access to the files or records of the Bureau. No such file or record or information shall be disclosed by any person so authorized except to officials as in this subchapter provided.
11 Del. C. § 1116 — Delaware Code / Title 11 / Chapter 5 / Subchapter V / Section 1116
§ Â
        1116. Sale or distribution of tobacco products or tobacco substitutes to individuals under the age of 21 years.
Status: in_force

(a) It shall be unlawful for any person to sell or distribute any tobacco product or tobacco substitute to an individual who has not attained the age of 21 years or to purchase any tobacco product or tobacco substitute on behalf of an individual under 21 years of age.

(b) A person engaged in the sale or distribution of tobacco products or tobacco substitutes shall have the right to demand proof of age from a prospective purchaser or recipient of such products.

(c) A person engaged in the sale or distribution of tobacco products or tobacco substitutes shall demand proof of age from a prospective purchaser or recipient of such products who is under 30 years of age.
11 Del. C. § 470 — Delaware Code / Title 11 / Chapter 4 / Section 470
§ Â
        470. Provisions generally applicable to justification.
Status: in_force

(a) When the defendant reasonably believes that the use of force upon or toward the person of another is necessary for any of the purposes for which such relief would establish a justification under § § 462-468 of this title but the defendant is reckless or negligent in having such belief or in acquiring or failing to acquire any knowledge or belief which is material to the justifiability of the use of force, the justification afforded by those sections is unavailable in a prosecution for an offense for which recklessness or negligence, as the case may be, suffices to establish culpability.

(b) When the defendant is justified under §§ 462-468 of this title in using force upon or toward the person of another but the defendant recklessly or negligently injures or creates a risk of injury to innocent persons, the justification afforded by those sections is unavailable in a prosecution for an offense involving recklessness or negligence towards innocent persons.
11 Del. C. § 3103 — Delaware Code / Title 11 / Chapter 31 / Section 3103
§ Â
        3103. Perjury.
Status: in_force

In an indictment for perjury, it is sufficient to set forth the substance of the offense charged, stating before whom or in what court the oath or affirmation was administered or taken, the general nature of the cause or proceedings, with the names of the parties and proper averments to falsify the matter wherein the perjury is assigned, without setting forth the complaint, answer, indictment, information, declaration or any part of any record, either in law or in equity and without setting forth the commission or authority of the court or person, before whom the perjury was committed.
11 Del. C. § 9901 — Delaware Code / Title 11 / Chapter 99 / Section 9901
§ Â
        9901. Family Justice Centers; established [For application of this section, see 84 Del. Laws, c. 508, Â 2].
Status: in_force

(a) Family Justice Centers are hereby established and located within the Criminal Justice Council.

(b) The Family Justice Center Council established under § 9906 of this title must employ an Executive Director of the Family Justice Centers to carry out the mission of the Family Justice Centers. The Executive Director serves at the pleasure of the Council.
11 Del. C. § 1365 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1365
§ Â
        1365. Obscene literature harmful to minors; class A misdemeanor.
Status: in_force

(a) Definitions as used in this section:

(1) “Harmful to minors” means that quality of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement or sado-masochistic abuse which predominately appeals to the prurient, shameful or morbid interest of minors and is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors.

(2) “Known minor” is any person known, in fact, to be under the age of 18 years, or any person, in fact, under the age of 18 years unless a reasonable, bona fide attempt has been made to ascertain the age of that minor.

(3) “Knows” means:

a. Knowledge that the character and content of any material described in paragraph (i)(1) of this section is harmful to minors; or

b. Knowledge of facts that would lead a reasonable person to inquire whether the character and content of any material described in paragraph (i)(1) of this section is harmful to minors; or

c. Knowledge or information that the material described herein has been adjudged to be harmful to minors in a proceeding instituted pursuant to subsection (b) or (i) of this section or is the subject of a pending proceeding instituted pursuant to subsection (b) or (i) of this section.

(4) “Minor” means any person under the age of 17 years.

(5) “Nudity” means the showing of the human male or female genitals, pubic area or buttocks with less than a full opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple or the depiction of covered male genitals in a discernibly turgid state.

(6) “Sado-masochistic abuse” means flagellation or torture practiced by or upon a person clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.

(7) “Sexual conduct” means acts of masturbation, homosexuality, sexual intercourse or physical contact with a person’s unclothed genitals or pubic area or a female person’s breast.

(8) “Sexual excitement” means the condition of human male or female genitals in a state of sexual stimulation or arousal.

(b) Whenever the Attorney General of this State has reasonable cause to believe that any person is or may become engaged in any of the acts described in paragraph (i)(1), (i)(2) or (i)(4) of this section, the Attorney General shall institute an action in the Court of Chancery for the county where such act is or will be performed for adjudication of the question of whether such material is harmful to minors.

(c) The action authorized by subsection (b) of this section shall be commenced by the filing of a complaint to which shall be attached as an exhibit a true copy of the allegedly harmful material. The complaint shall:

(1) Be directed against such material by name or description;

(2) Allege that such material is harmful to minors;

(3) Designate as respondents and list the names and addresses, if known, of any person in this State engaged or about to be engaged in any of the acts described in paragraph (i)(1), (i)(2) or (i)(4) of this section with respect to such material;

(4) Seek an adjudication that such material is harmful to minors; and

(5) Seek a permanent injunction against any respondent prohibiting the respondent from performing any of the acts described in paragraph (i)(1), (i)(2) or (i)(4) of this section.

(d) Upon the filing of the complaint described in subsection (c) of this section, the Attorney General shall present the same, together with the material attached thereto, as soon as practicable to the Court for its examination and reading. If after such examination and reading the Court finds no probable cause to believe such material to be harmful to minors, the Court shall cause an endorsement to that effect to be placed and dated upon the complaint and shall thereupon dismiss the action. If after such examination and reading the Court finds probable cause to believe such material to be harmful to minors, the Court shall cause an endorsement to that effect to be placed and dated upon the complaint whereupon it shall be the responsibility of the Attorney General promptly to request the Register in Chancery to issue summons and to furnish to the Register in Chancery such number of copies of such complaint and endorsement as are needed for the service of summons. Service of such summons and endorsed complaint shall be made upon the respondents thereto in any manner provided by law.

(e) The author, publisher or any person interested in sending or causing to be sent, bringing or causing to be brought, into this State for sale or commercial distribution, or any person in this State preparing, selling, exhibiting or commercially distributing or possessing with intent to sell or commercially distribute or exhibit, the material exhibited to the endorsed complaint, may appear and may intervene in accordance with the Rules of the Court of Chancery. If no person appears and files an answer, or moves to intervene within the time set by the rule or by an order of the Court of Chancery, the Court may forthwith adjudge whether the material so exhibited to the endorsed complaint is harmful to minors and enter an appropriate final judgment.

(f) (1) The public policy of this State requires that all proceedings prescribed in this section, other than criminal actions under subsection (i) of this section, be heard and disposed of with the maximum promptness and dispatch commensurate with constitutional requirements, including due process, freedom of the press and freedom of speech.

(2) The Rules of the Court of Chancery shall be applicable, except as they may be modified by this section.

(3) Any party or intervenor shall be entitled, upon request, to a trial of any issue with an advisory jury and the Court, with the consent of all parties, may order a trial of any issue with a jury whose verdict shall have the same effect as in cases of law.

(4) In any action in which an injunction is sought under this section, any respondent or intervenor shall be entitled to a trial of the issues within 1 day, exclusive of Saturday, Sunday and holidays, after joinder of issue, and a decision shall be rendered by the Court or jury, as the case may be, within 2 days, exclusive of Saturday, Sunday and holidays, of the conclusion of the trial. If the issues are being tried before a jury and the jury shall not be able to render a decision within 2 days of the conclusion of the trial, then notwithstanding any other provision of this section, the jury shall be dismissed and a decision shall be rendered by the Court within 2 days of the conclusion of the trial.

(5) In the event that the Court or jury, as the case may be, finds the material exhibited to the complaint not to be harmful to minors, the Court shall enter judgment accordingly and shall dismiss the complaint.

(6) In the event that the Court or jury, as the case may be, finds the material exhibited to the complaint to be harmful to minors, the Court shall enter judgment to such effect and may, in such judgment or in subsequent orders of enforcement thereof, enter a permanent injunction against any respondent prohibiting the respondent from engaging in any of the acts described in paragraph (i)(1), (i)(2) or (i)(4) of this section.

(g) If the Court, pursuant to subsection (d) of this section, finds probable cause to believe the exhibited material to be harmful to minors, and so endorses the complaint, the Court may, upon the motion of the Attorney General and in accordance with the Chancery Court Rules, issue a temporary restraining order against any respondent prohibiting the respondent from selling, commercially distributing or giving away such material to minors or from permitting minors to inspect such material. No temporary restraining order shall be granted without notice to the respondents unless it clearly appears from specific facts shown by affidavit or by the verified complaint that 1 or more of the respondents are engaged in the sale of material harmful to minors and that immediate and irreparable injury to the morals and general welfare of minors in this State will result before notice can be served and a hearing had thereon. All proceedings for temporary restraining order and preliminary injunction shall be governed by the Rules of the Court of Chancery.

(h) Any respondent, or any officer, agent, servant, employee or attorney of such respondent, or any person in active concert or participation by contract or arrangement with such respondent, who receives actual notice, by personal service or otherwise, of any injunction or restraining order entered pursuant to subsection (f) or (g) of this section, and who shall disobey any of the provisions thereof, shall be guilty of contempt of court and upon conviction shall be guilty of a class A misdemeanor.

(i) Any person is guilty of a class A misdemeanor who:

(1) Exhibits for sale, sells, displays, transfers, gives gratis, loans, rents or advertises to a known minor any book, pamphlet, magazine or printed matter, however reproduced, or sound recording or picture, photograph, drawing, sculpture, motion picture film or similar visual representation that such person knows to be in whole or in part harmful to minors.

(2) Sells, gives gratis or transfers an admission ticket or pass to a known minor or admits a known minor to a premises whereon there is exhibited a motion picture, show or other presentation which, in whole or in part, such person knows to be harmful to minors.

(3) Misrepresents the person’s age as 17 years or older for the purpose of evading the restrictions of this section.

(4) Exhibits for sale, sells, displays, gives gratis, transfers, loans or rents any matter enumerated in paragraph (i)(1) of this section that such person knows to be harmful to minors which does not prominently include in such advertisement the words “unlawful to persons under 17 years of age.”

(j) No criminal proceeding shall be commenced against any person pursuant to paragraph (i)(1), (i)(2) or (i)(4) of this section unless, prior to the act which is the subject of such proceeding, such person:

(1) Had written notice from the Attorney General that the material which is the subject of such proceeding has been adjudged harmful to minors pursuant to subsection (b) or (i) of this section; or

(2) Has been subject to an order entered pursuant to subsection (b) of this section relating to the material which is the subject of such criminal proceeding, or any other material harmful to minors.

(k) No person shall be subject to prosecution pursuant to this section:

(1) For any sale to a minor where such person had reasonable cause to believe that the minor involved was 17 years old or more, and such minor exhibited to such person a draft card, driver’s license, birth certificate or other official or apparently official document purporting to establish that such minor was 17 years old or more; or

(2) For any sale where a minor is accompanied by a parent or guardian, or accompanied by an adult and such person has no reason to suspect that the adult accompanying the minor is not the minor’s parent or guardian; or

(3) Where such person is a bona fide school, museum or public library or is acting in an official capacity as an employee of such organization or as a retail outlet affiliated with and serving the educational purposes of such organization.

(l) In order to provide for the uniform application of this section to all minors within this State, it is intended that the sole and only regulation of the matters herein discussed shall be under this section and no municipality, county or other governmental unit within this State shall make any law, ordinance or regulation relating to the subject matter hereof as to minors. All such laws, ordinances and regulations, as they affect minors, whether enacted before or after this section shall become void, unenforceable and of no effect upon April 1, 1973; provided, however, that such prior laws, ordinances and regulations shall govern litigations commenced prior to April 1, 1973, and shall continue in effect solely for that purpose.

(m) This section may be known and cited as Delaware Law on the Protection of Minors From Harmful Materials, and may be referred to by that designation.
11 Del. C. § 1269 — Delaware Code / Title 11 / Chapter 5 / Subchapter VI / Section 1269
§ Â
        1269. Tampering with physical evidence; class G felony.
Status: in_force

A person is guilty of tampering with physical evidence when:

(1) Intending that it be used or introduced in an official proceeding or a prospective official proceeding the person:

a. Knowingly makes, devises, alters or prepares false physical evidence; or

b. Produces or offers false physical evidence at a proceeding, knowing it to be false; or

(2) Believing that certain physical evidence is about to be produced or used in an official proceeding or a prospective official proceeding, and intending to prevent its production or use, the person suppresses it by any act of concealment, alteration or destruction, or by employing force, intimidation or deception against any person.

Tampering with physical evidence is a class G felony.
11 Del. C. § 5902 — Delaware Code / Title 11 / Chapter 59 / Section 5902
§ Â
        5902. Assault; trial procedure.
Status: in_force

In every case of assault in which the defendant elects to be tried in the Justice of the Peace Court, the prosecution shall proceed consistent with the Justice of the Peace Court Criminal Rules.
11 Del. C. § 4381 — Delaware Code / Title 11 / Chapter 43 / Subchapter VIII / Section 4381
§ Â
        4381. Earned good time.
Status: in_force

(a) Subject to the limitations set forth in subsection (b) of this section, all sentences, other than a life sentence, imposed for any offense pursuant to any provision of this title, Title 16 and/or Title 21 may be reduced by good time credit under the provisions of this subchapter and rules and regulations adopted by the Commissioner of Corrections. This provision will apply regardless of any previously imposed statutory limitations set forth in this title, Title 16 or Title 21.

(b) The awarding of good time credit set forth in subsection (a) of this section above will not apply to sentences imposed pursuant to § 4214 or § 4204(k) of this title or sentences imposed prior to the enactment of this statute.

(c) “Good time” may be earned for good behavior while in the custody of the Department of Correction when the person has not been guilty of any violation of discipline, rules of the Department or any criminal activity and has labored with diligence toward rehabilitation according to the following conditions:

(1) During the first year of any sentence, good time may be awarded at the rate of 2 days per month beginning on the first day of confinement.

(2) After completing 365 days of any sentence, good time may be awarded at the rate of 3 days per month.

(3) No person shall be awarded more than 36 days of good time under this subsection for good behavior in any 1 year consisting of 365 calendar days actually served.

(d) “Good time” may be earned by participation in education, rehabilitation, work, or other programs as designated by the Commissioner. Good time may be awarded for satisfactory participation in approved programs at a rate of up to 10 days per calendar month. For offenders sentenced on or after August 8, 2012, up to 60 days of additional good time may be awarded for successful completion of an approved program designed to reduce recidivism.

(e) No more than a total of 180 days of “good time” may be earned in any 1 year consisting of 365 days actually served. Good time credits shall be applied such that the resulting release date is not prior to the effective completion date of the offender’s approved program. For offenders serving multiple sentences, good time shall be credited to the consolidated time being served, rather than individually to each sentence.

(f) Each person serving a sentence in the custody of the Department shall be provided a copy of all rules, policies, and procedures relating to the accrual and forfeiture of good time, notwithstanding § 4322 of this title, at the person’s initial classification and upon transfer to a different facility. The rules, policies, and procedures shall also be made available upon request of a person in custody.

(g) The Department shall provide each person in its custody with a quarterly accounting of that inmate’s good time, including the good time accrued each month, total good time accrued, and any good time forfeited, together with the reason therefor. If the inmate believes the accounting is incorrect, the Department shall provide the inmate with an in-person meeting with a correctional counselor or designee to discuss and resolve any alleged discrepancy.
11 Del. C. § 2541 — Delaware Code / Title 11 / Chapter 25 / Subchapter II / Section 2541
§ Â
        2541. Definitions.
Status: in_force

As used in this agreement:

(1) “Receiving state” shall mean the state in which trial is to be had on an indictment, information or complaint pursuant to § 2542 or § 2543 of this title.

(2) “Sending state” shall mean a state in which a prisoner is incarcerated at the time that the prisoner initiates a request for final disposition pursuant to § 2542 of this title or at the time that a request for custody or availability is initiated pursuant to § 2543 of this title.

(3) “State” shall mean a state of the United States; the United States of America; a territory or possession of the United States; the District of Columbia; the Commonwealth of Puerto Rico.
11 Del. C. § 2545 — Delaware Code / Title 11 / Chapter 25 / Subchapter II / Section 2545
§ Â
        2545. Time periods; determination; tolling.
Status: in_force

(a) In determining the duration and expiration dates of the time periods provided in §§ 2542 and 2543 of this title, the running of the time periods shall be tolled whenever and for as long as the prisoner is unable to stand trial, as determined by the court having jurisdiction of the matter.

(b) No provision of this agreement, and no remedy made available by this agreement, shall apply to any person who is adjudged to be mentally ill.
11 Del. C. § 403 — Delaware Code / Title 11 / Chapter 4 / Section 403
§ Â
        403. Verdict of ânot guilty by reason of insanity;â commitment to Delaware Psychiatric Center of persons no longer endangering the public safety; periodic review of commitments to Delaware Psychiatric Center; participation of patient in treatment program.
Status: in_force

(a) Upon the rendition of a verdict of “not guilty by reason of insanity,” the court shall, upon motion of the Attorney General, order that the person so acquitted shall forthwith be committed to the Delaware Psychiatric Center.

(b) Except as provided in subsection (c) of this section below, a person committed, confined or transferred to the Delaware Psychiatric Center in accordance with subsection (a) of this section, § 404, § 405, § 406 or § 408 of this title (referred to herein as “the patient”) shall be kept there at all times in a secured building until the Superior Court of the county wherein the case would be tried or was tried is satisfied that the public safety will not be endangered by the patient’s release. The Superior Court shall without special motion reconsider the necessity of continued detention of a patient thus committed after the patient has been detained for 1 year. The Court shall thereafter reconsider the patient’s detention upon petition on the patient’s behalf or whenever advised by the Psychiatric Center that the public safety will not be endangered by the patient’s release.

(c) (1) Upon petition by a patient confined pursuant to this section, § 404, § 405, § 406 or § 408 of this title, or upon petition by the Center Director of the Delaware Psychiatric Center, the Court may permit housing in an unsecured building or participation by the patient in any treatment program that is offered by the Center, which requires or provides that the patient be placed outside a secured building. Such participation shall include, but not be limited to, employment off hospital grounds, job interviews, family visits and other activities inside and outside the Center, as may be prescribed by the Medical Director in the interest of rehabilitation.

(2) The petition shall include an affidavit from the Medical Director which states that the patient has not exhibited dangerous behavior during the last year of confinement and that in the opinion of the Medical Director, the patient will benefit from such participation.

(3) The petition shall set forth any specific treatment program being sought; the specific goals and course of treatment involved; and a schedule for periodic judicial reevaluation of the patient’s treatment status, all of which shall be subject to the Court’s approval and modification.

(4) Copies of the petition shall be served on the Attorney General, the Medical Director and the patient or the patient’s counsel or guardian.

(5) There shall be a judicial hearing on the petition, and any person or agency served with a copy of the petition, or a representative of such person or agency, shall have the right to testify, present evidence and/or cross-examine witnesses. The patient shall have the right to be represented by counsel at any proceeding held in accordance with this section. The Court shall appoint counsel for the patient if the patient cannot afford to retain counsel.

(6) Upon conclusion of a hearing on a petition pursuant to this section, the Court may approve, modify or disapprove any request or matter within the petition. If the patient’s participation in any treatment program is approved, such approval or participation shall be effective for not longer than 6 months from the date of the judge’s signature on the petition or order permitting such participation. Immediately prior to the conclusion of the 6-month period, the Center Director shall report to the Court on the patient’s status, and make recommendations. Any authorization by the Court for continued participation by the patient in any authorized treatment programs may be extended, modified or discontinued at the end of the effective period with or without further hearings, as the Court may determine.

(d) Any treatment program approved by the Court under this section may be terminated by the Medical Director of the Delaware Psychiatric Center. When a treatment program is terminated earlier than its court-approved expiration date, the Medical Director shall immediately notify the Superior Court. The Superior Court shall, after giving appropriate notice, hear the matter and review the decision of the Medical Director. At such termination hearing, the patient shall have such rights as are provided for other hearings under this section, including the right to counsel, the right to present evidence and the right to cross-examine witnesses. Where the Medical Director’s decision to terminate is based upon the patient’s mental or psychological condition, the patient may be examined by an independent psychiatrist or other qualified expert; provided, however, that the termination hearing shall not be held until such examination has been finally concluded.
11 Del. C. § 2302 — Delaware Code / Title 11 / Chapter 23 / Subchapter I / Section 2302
§ Â
        2302. Search without warrant in hot pursuit.
Status: in_force

A search of a person, house, building, conveyance, place or other thing may be made without a warrant if the search is made for a person hotly pursued provided the pursuer has probable cause to believe that such person has committed a felony or a misdemeanor.
11 Del. C. § 8602 — Delaware Code / Title 11 / Chapter 86 / Section 8602
§ Â
        8602. Definitions.
Status: in_force

For the purposes of this chapter:

(1) “Access” means the physical or electronic privilege to view, modify, or make use of criminal justice information, whether direct or indirect. For purposes of this term:

a. “Direct” means access to CJIS whether via authorized and approved Delaware Criminal Justice Information system (DELJIS) credentials or an authorized agency portal.

b. “Indirect” means access to criminal justice information, in oral, online or printed form, by an individual without approved DELJIS credentials for direct access.

(2) “Administration of criminal justice” means performance of any of the following activities: detection, apprehension, detention, pretrial release, posttrial release, prosecution, adjudication, correction supervision or rehabilitation of accused persons or criminal offenders, criminal identification activities, and the collection, storage, and dissemination of criminal justice information.

(3) “Authorized agency” means any entity, criminal justice agency, or governmental agency which the Board determines complies with §§ 8610 and 8611 of this title.

(4) “Authorized user” means any employee, intern, extern, contractor, volunteer, or other individual, acting on behalf of an authorized agency, who has been appropriately vetted by the Board and has been granted access to criminal justice information.

(5) “Biographic data” means information about individuals associated with a unique case, and not necessarily connected to identity data. Biographic data does not provide a history of an individual, only information related to a unique case.

(6) “Biometric data” means data derived from 1 or more intrinsic physical or behavioral traits of humans typically for the purpose of uniquely identifying individuals from within a population. The term includes fingerprints, palm prints, iris scans, and facial recognition data.

(7) “Board” means the Delaware Criminal Justice Information System Board of Managers.

(8) “Case or incident history” means all relevant information gathered about an individual, organization, incident, or combination thereof, arranged so as to serve as an organized record to provide analytic value for a criminal justice agency. In regard to criminal justice information, it is the information about the history of incidents.

(9) “Criminal history record information” has the same meaning as set forth in § 8502 of this title.

(10) “Criminal justice agency” has the same meaning as set forth in § 8502 of this title.

(11) “Criminal justice information” or “CJI” means all Criminal Justice Information System data. The term includes: criminal history record information; biographic data; biometric data; identity history; person, organization, property, or Division of Motor Vehicles data; case or incident history; and other data necessary for authorized agencies to make hiring decisions, perform their mission, and enforce the laws of this State.

(12) “Criminal Justice Information System” or “CJIS” means the computer hardware, software, and communication network which is managed, operated, and maintained by the DELJIS for the collection, warehousing, and timely dissemination of CJI to authorized agencies.

(13) “Disposition” includes: trial verdicts of guilty or not guilty; nolle prosequis; Attorney General probations; pleas of guilty or nolo contendere; dismissals; findings of incompetence to stand trial, delinquency or nondelinquency, or responsible or not responsible; and the initiation and completion of appellate proceedings.

(14) “Dissemination” means the transmission of criminal justice information, or the confirmation of the existence or nonexistence of such information. The term shall not include any of the following:

a. Internal use of information by an officer or employee of the agency which maintains such information.

b. Transmission of information to the State Bureau of Identification.

c. Transmission of information to a criminal justice agency in order to permit the initiation of subsequent criminal justice proceedings.

d. Transmission of information in response to inquiries from criminal justice agencies.

(15) “Governmental agency” means any agency of the government of the United States or the State of Delaware or any political subdivision thereof. It does not include a private individual, corporation, or other nongovernmental entity.

(16) “Identity history” means textual data that corresponds with an individual’s biometric data, providing a history of criminal or civil events for the identified individual.

(17) “Property data” means information about vehicles and property associated with a crime.

(18) “Requesting party” means any entity, criminal justice agency, or governmental agency seeking access to CJIS.
11 Del. C. § 308 — Delaware Code / Title 11 / Chapter 3 / Section 308
§ Â
        308. Construction of provisions allowing no defense.
Status: in_force

When a provision of this Criminal Code expressly denies the applications of a specific defense, no inference is thereby created that any other defense is valid.
11 Del. C. § 8564 — Delaware Code / Title 11 / Chapter 85 / Subchapter V / Section 8564
§ Â
        8564. Adult Abuse Registry check.
Status: in_force

(a) Definitions. — As used in this section:

(1) “Adult abuse” means:

a. Physical abuse by unnecessarily inflicting pain or injury to an adult who is impaired. This includes, but is not limited to, hitting, kicking, pinching, slapping, pulling hair or any sexual molestation. When any act constituting physical abuse has been proven, the infliction of pain shall be assumed.

b. Emotional abuse which includes, but is not limited to, ridiculing or demeaning an adult who is impaired, making derogatory remarks to an adult who is impaired or cursing directed towards an adult who is impaired, or threatening to inflict physical or emotional harm on an adult who is impaired.

(2) “Adult who is impaired” means any person 18 years of age or older who, because of physical or mental disability, is substantially impaired in the ability to provide adequately for the person’s own care and custody or any person who is a patient or resident of a nursing facility and similar facility.

(3) “Child care facility” means any child care facility that is required to be licensed by the Department of Education, Office of Child Care Licensing.

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

(5) “Financial exploitation” means the illegal or improper use or abuse by another person, whether for profit or other advantage, of the resources or financial rights of an adult who is impaired.

(6) “Health-care service provider” means any person or entity that provides services in a custodial or residential setting where health, nutritional or personal care is provided for persons receiving care, including, but not limited to, hospitals, home health-care agencies, adult care facilities, temporary employment agencies and contractors that place employees or otherwise provide services in custodial or residential settings for persons receiving care, and hospice agencies. “Health-care services provider” does not include any private individual who is seeking to hire a self-employed health caregiver in a private home.

(7) “Long-term care facility” means any facility required to be licensed under Chapter 11 of Title 16; the Delaware Psychiatric Center; and hospitals certified by the Department of Health and Social Services under § 5001 of Title 16.

(8) “Mistreatment” includes the inappropriate use of medications, isolation, or physical or chemical restraints on or of an adult who is impaired.

(9) “Neglect” means:

a. Lack of attention to physical needs of the adult who is impaired including, but not limited to, toileting, bathing, meals and safety;

b. Failure to report the health problems or changes in health problems or changes in health condition of an adult who is impaired to an immediate supervisor or nurse;

c. Failure to carry out a prescribed treatment plan for an adult who is impaired; or

d. A knowing failure to provide adequate staffing which results in a medical emergency to any adult who is impaired where there has been documented history of at least 2 prior cited instances of such inadequate staffing levels in violation of staffing levels required by statute or regulations promulgated by the Department of Health and Social Services, all so as to evidence a wilful pattern of such neglect.

(10) “Person receiving care” means a person who, because of that person’s physical or mental condition, requires a level of care and services suitable to that person’s needs to contribute to that person’s health, comfort and welfare.

(11) “Person seeking employment” means any person applying for employment with or in a health-care service provider, nursing facility or similar facility or child care facility where the employment may afford direct access, or a person applying for licensure to operate a child care facility. It shall also include a self-employed health caregiver who has direct access in any private home.

(b) The name of any person found, after investigation by the Department of Health and Social Services, to have committed adult abuse, neglect, mistreatment or financial exploitation shall be entered on the Adult Abuse Registry; provided, however, that such person may request an administrative hearing pursuant to Department of Health and Social Services regulations before such entry becomes final. The hearing officer for the administrative hearing shall have the power to compel the attendance of witnesses and the production of evidence. The finding by the hearing officer shall constitute the final decision of the Department of Health and Social Services and shall be appealable, on the record, by either party to Superior Court.

(c) No health-care service provider, nursing home or similar facility, or child care facility shall hire any person seeking employment without first checking the Adult Abuse Registry. For purposes of this subsection, the Adult Abuse Registry shall be the central registry of information maintained pursuant to Chapter 79 of Title 29 relating to the individuals against whom a charge of patient abuse, neglect, mistreatment or financial exploitation has been substantiated.

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

(e) Records relating to the Adult Abuse Registry are not public records and are not subject to disclosure under Chapter 100 of Title 29. Regulations promulgated by the Department of Health and Social Services may authorize online access to the names of those actively listed on the Adult Abuse Registry and whether the listing is due to a substantiated finding of abuse, neglect, mistreatment or financial exploitation.

(f) The Delaware Department of Health and Social Services shall promulgate regulations to implement this section. Such regulations may include regulations for Adult Abuse Registry checks of contractors providing services in a custodial or residential setting for persons receiving care, regulations for the disclosure of Adult Abuse Registry records, regulations to establish hearing procedures and length of time on the Adult Abuse Registry, and regulations for the removal of a person from the Adult Abuse Registry before the expiration of the person’s registration period where the Delaware Department of Health and Social Services deems that the person no longer poses a threat to any person receiving care.

(g) Costs associated with providing an Adult Abuse Registry check shall be borne by the State.

(h) Any employer who is required to request and receive an Adult Abuse Registry check and fails to do so shall be subject to a civil penalty of not less than $1,000 nor more than $5,000 for each violation. The Justice of the Peace Courts shall have jurisdiction over this offense.
11 Del. C. § 9903 — Delaware Code / Title 11 / Chapter 99 / Section 9903
§ Â
        9903. Mission [For application of this section, see 84 Del. Laws, c. 508, Â 2].
Status: in_force

Family Justice Centers provide multi-agency and multidisciplinary support and services to victims or survivors of domestic violence, abuse, sexual assault, stalking, and human trafficking, to ensure that victims or survivors are able to access most or all needed services in 1 location in order to enhance victim safety, to increase offender accountability, and to reduce to a minimum the number of times a victim or survivor is questioned and examined and the number of places a victim must visit to receive assistance.
11 Del. C. § 1233 — Delaware Code / Title 11 / Chapter 5 / Subchapter VI / Section 1233
§ Â
        1233. Making a false written statement; class A misdemeanor.
Status: in_force

A person is guilty of making a false written statement when the person makes a false statement which the person knows to be false or does not believe to be true in a written instrument bearing a notice, authorized by law, to the effect that false statements therein are punishable.

Making a false written statement is a class A misdemeanor.
11 Del. C. § 2015 — Delaware Code / Title 11 / Chapter 20 / Subchapter I / Section 2015
§ Â
        2015. Limitation of liability.
Status: in_force

(a) A law-enforcement agency that is a governmental entity in this State which has implemented procedures to enforce the rules adopted under § 2014 of this title and ensure compliance with this subchapter is not subject to civil liability for damages arising from a violation of this subchapter.

(b) This subchapter does not create a right of action against a law-enforcement officer.
11 Del. C. § 201 — Delaware Code / Title 11 / Chapter 2 / Section 201
§ Â
        201. General purposes.
Status: in_force

The general purposes of this Criminal Code are:

(1) To proscribe conduct which unjustifiably and inexcusably causes or threatens harm to individual or public interests;

(2) To give fair warning of the nature of the conduct proscribed and of the sentences authorized upon conviction;

(3) To define the act or omission and the accompanying mental state which constitute each offense;

(4) To differentiate upon reasonable grounds between serious and minor offenses and to prescribe proportionate penalties therefor; and

(5) To insure the public safety by preventing the commission of offenses through the deterrent influence of the sentences authorized, the rehabilitation of those convicted and their confinement when required in the interests of public protection.
11 Del. C. § 1947 — Delaware Code / Title 11 / Chapter 19 / Subchapter III / Section 1947
§ Â
        1947. Immunities; benefits.
Status: in_force

Police, when acting outside their respective jurisdictions pursuant to mutual assistance, shall have all the immunities from liability and exemptions from law, ordinances and regulations and shall have all the pension, relief, disability workers’ compensation and other benefits enjoyed by them while performing their respective duties within their own jurisdiction. Nothing in this subchapter shall be construed as in any way limiting the provisions of § 1911 of this title.
11 Del. C. § 606 — Delaware Code / Title 11 / Chapter 5 / Subchapter II / Section 606
§ Â
        606. Abuse of a pregnant female in the first degree; class B felony.
Status: in_force

(a) A person is guilty of abuse of a pregnant female in the first degree when in the course of or in furtherance of the commission or attempted commission of assault third degree any violent felony against or upon a pregnant female, or while in immediate flight therefrom, the person intentionally 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 first degree is a class B felony.
11 Del. C. § 6532 — Delaware Code / Title 11 / Chapter 65 / Subchapter VI / Section 6532
§ Â
        6532. Work by inmates.
Status: in_force

(a) The Department may establish compulsory programs of employment, work experience and training for all physically able inmates. To the maximum extent practical, these programs shall approximate normal conditions of employment in free agriculture, industry and business, with respect to equipment, management practices and general procedures.

(b) The products of inmate labor and services may be sold and marketed to tax-supported departments and institutions and agencies of the State and its governmental subdivisions and such other employers or entities within or outside of the State, as the Department shall determine. The Department may make contractual arrangements for the use of inmate labor by other tax-supported units of government responsible for the conservation of natural resources or other public works. The Department may also assign inmates to community work projects including, but not limited to, litter control along state highways and on state beaches and trash removal from state facilities, as provided in subsection (c) of this section.

(c) Before entering into an agreement with any other state department seeking prisoner-workers in accordance with this section, the Department shall have established a pilot litter-control program in each of the 3 counties with the cooperation of the Department of Transportation. The Department of Transportation shall advise the Department as to the kinds of equipment and the costs thereof that will be required and will act at all times as the consultant to the Department in this program.

(d) Inmates shall be compensated or awarded additional good time credits, at the discretion of and at rates fixed by the Department, for labor performed, including institutional maintenance.

(e) In the event that an inmate shall labor for more than 40 hours in 1 week, said inmate shall be compensated at 11/2 times the regular hourly rates paid to said inmates for such work time the inmate has labored in excess of 40 hours in 1 week.

(f) The Department shall cause to be placed into an account, payable to each inmate upon the inmate’s discharge, income from the inmate’s employment and any other income or benefits, accruing to or payable to, and for the benefit of said inmate, including but not limited to any worker’s compensation or Social Security benefits. From the account of each inmate, the Department shall deduct, in order of the priority set forth herein, the following sums:

(1) Support payments for dependents of the inmate who are receiving public assistance during the period of incarceration, or to whom the inmate is under a court ordered obligation to provide support and restitution as may have been assessed against said inmate pursuant to court order;

(2) Court costs, fines, and such other items as may be assessed against said inmate pursuant to court order; and

(3) A proportionate share of the costs of incarceration of inmates in the facility in which said inmate is housed including but not limited to room, board, medical care, legal services, prison education, training, library services, counseling and treatment services, religious services and other programs and services as shall be provided together with an allocation of the overhead for operating such prison and the Department in accordance with a fee schedule to be established by the Department.

(g) In assigning inmates to employment, work experience, training and community work project programs in accordance with this section:

(1) Assignments to programs conducted or operated outside the physical boundaries of Department-run correctional facilities shall not be available to inmates serving time for any crime classified as a class A felony, or any crime classified as a class B felony which involves a sex offense, escape or assault.

(2) The Department is authorized to establish regulations or guidelines further restricting the participation of inmates in such programs so as to minimize potential danger to the community.

(h) The Department is authorized to revoke previously earned good time (whether such good time was earned pursuant to this section or other provisions of this title) from inmates who refuse to perform labor as required by the Department pursuant to this section. In addition, the Department may impose such other lawful disciplinary measures as it deems appropriate upon inmates refusing to perform labor as required by the Department pursuant to this section.

(i) No greater amount of labor shall be required of any inmate than the inmate’s physical health and strength will reasonably permit, nor shall any inmate be placed at such labor as the institutional physician determines to be beyond the inmate’s ability to perform.

(j) An inmate’s refusal to participate in compulsory programs of employment established by the Department does not prohibit an application for sentence modification under § 4217 of this title or eligibility for parole under § 4346(e) of this title, but may be considered by the court under § 4217(b) of this title. An inmate refusing to participate in compulsory programs of employment established by the Department under this section is subject to disciplinary measures as the Commissioner may establish by regulation.
11 Del. C. § 1202 — Delaware Code / Title 11 / Chapter 5 / Subchapter VI / Section 1202
§ Â
        1202. Bribery; defense.
Status: in_force

In any prosecution for bribery under § 1201(1) of this title, it is a defense that the accused offered, conferred or agreed to confer the benefit upon the public servant as a result of conduct of the public servant constituting theft or coercion or an attempt to commit theft or coercion.
11 Del. C. § 4101 — Delaware Code / Title 11 / Chapter 41 / Subchapter I / Section 4101
§ Â
        4101. Payment of fines, fees, costs, assessments, and restitution on conviction.
Status: repealed

(a) On conviction on indictment or information for any crime or offense, a defendant must pay all costs imposed by a court.

(b) (1) When a court sentence includes a fine, fee, cost, assessment, or restitution, the full amount imposed becomes a judgement against the defendant immediately on sentencing.

(2) A judgment under this subsection is executable, enforceable, or transferable by the State in the same manner as other judgments of the court.

(3) If not paid promptly on its imposition or in accordance with the terms of the order of the court, or immediately if so requested by the State, the clerk or Prothonotary may cause the judgment to be entered on the civil judgment docket of the court. If a stay of execution is otherwise permitted by law, the stay may not be granted as a matter of right but only within the discretion of the court.

(4) If the court imposing a sentence to pay a fine, fee, cost, assessment, or restitution does not have a civil docket for the entry of a judgment, then the court may immediately transfer the judgment to the civil judgment docket of an appropriate court, as determined by the court imposing the sentence.

(5) Judgments docketed under this subsection are exempt from the provisions of § 4711 of Title 10, which mandate the expiration of judgments and require the renewal of judgments; however, no such judgment will attach to a parcel of real property for more than 7 years after the convicted person has sold, transferred, or lost ownership interest in that specific parcel of real property.

(c) The provisions of this section are cumulative and shall not impair any judgment given upon any conviction.

(d) In addition to, and at the same time as, any fine, penalty or forfeiture is assessed to any criminal defendant or any child adjudicated delinquent, there shall be levied an additional penalty of $1.00 imposed and collected by the courts for crimes or offenses as defined in § 233 of this title. When a fine, penalty or forfeiture is suspended, in whole or in part, the penalty assessment shall not be suspended.

(1) Upon collection of the penalty assessment, the same shall be paid over to the prothonotary or clerk of courts, as the case may be, who shall collect the same and transmit it to the State Treasury to be deposited in a separate account for the administration of this subsection, which account shall be designated the “Videophone Fund,” which is hereby created. This fund is to be administered by the Criminal Justice Council. Funds shall be utilized to cover line charges, maintenance costs and purchase and upgrade of videophone systems used by state and local agencies in the criminal justice system.

(2) For each fiscal year, if the balance in the Videophone Fund exceeds $250,000, said funds shall be transferred to the General Fund of the State of Delaware on June 30. The Criminal Justice Council shall submit a detailed spending plan for the use of the videophone funds to the Director of the Office of Management and Budget and Controller General no later than September 30 of each fiscal year. No funds shall be expended until the plan is approved by the Director of the Office of Management and Budget and the Controller General.

(3) The courts may expunge the record of any videophone assessment which remains uncollected for a period in excess of 3 years.

(e) (1) If any school teacher or administrator who holds a license or certificate under Title 14 or who is a teacher or administrator in a charter school but is exempt from licensing under § 507(c) of Title 14 or is a teacher or administrator employed by any state agency or under contract to a state agency is convicted of a violation of § 904(c) of Title 4 as a felony offense in this title, any offense in Chapter 47 of Title 16, and/or any offense in the Delaware Code that is a crime against a child, or a similar statute of another state, commonwealth or the District of Columbia, the court shall forward a copy of the conviction data to the employing school district’s superintendent, school person-in-charge or state agency head.

(2) If the arrest and conviction occurs outside the State of Delaware, the teacher or administrator shall notify the superintendent, school person-in-charge or state agency head by providing copies of the conviction documents and sentence.

A teacher or administrator who fails to comply with paragraph (e)(2) of this section shall be guilty of a violation.

(f) [Repealed.]

(g) (1) In addition to, and at the same time as any fine, penalty or forfeiture is assessed to a criminal defendant, recipient of a civil offense, or any child adjudicated delinquent, there shall be levied an additional surcharge of 50% of the fine for the Transportation Trust Fund imposed and collected for any violations of Title 21.

(2) For fiscal years ending prior to July 1, 2008, no more than $1.5 million of the surcharge collected under this Section shall be deposited into the Transportation Trust Fund. Any amount in excess of $1.5 million collected prior to July 1, 2008, shall be deposited into the General Fund.

(3) If a fine or penalty is waived in whole or in part, the court may, in its discretion, waive up to the same percentage of the assessment.

(h) In addition to, and at the same time as, any fine or other penalty is assessed to any criminal or traffic defendant or any child adjudicated delinquent, there shall be levied an additional penalty of $15 imposed and collected by the courts for each crime and offense as defined in § 233 of this title or for any civil violation or civil penalty under this title, subchapters IV and V of Chapter 47 of Title 16, or Title 21. When a fine or other penalty is suspended in whole or in part, the penalty assessment may not be suspended, except for a violation of § 4129 of Title 21.

(1) Upon collection of the penalty assessment, the assessment must be paid over to the prothonotary or clerk of courts, as the case may be, who shall collect the same and transmit it to the State Treasury to be deposited in a separate account for the administration of this subsection, which account shall be designated the “Fund to Combat Violent Crimes,” which is hereby created.

(2) One-half of the Fund, but no more than $2,125,000 per year, shall be distributed to the Department of Safety and Homeland Security for use in connection with initiatives to combat violent crime. Funds distributed to the Department of Safety and Homeland Security hereunder may be used to cover salaries, overtime and other salary costs, expenses, equipment, and supplies for state troopers and other personnel.

(3) One-half of the Fund, but no more than $2,125,000 per year, shall be distributed to local law-enforcement agencies for use in connection with initiatives to combat violent crime. Funds may be used to cover overtime, expenses, equipment and supplies, and as otherwise set forth in paragraph (h)(6) of this section.

(4) The Fund to Combat Violent Crimes Committee shall administer the moneys distributable to local law-enforcement agencies hereunder. The Committee shall be comprised of 5 members, namely the Secretary of the Department of Safety and Homeland Security, the Superintendent of the Delaware State Police, the Attorney General, the President of the Delaware Police Chiefs Council and the President of the Delaware State Lodge of the Fraternal Order of Police, or the respective designees of such members. The Secretary of the Department of Safety and Homeland Security shall be the chairperson of the Committee.

a. All local law-enforcement agencies seeking funds hereunder shall submit a yearly request for funding to the Committee. Such request shall include, without limitation:

1. A detailed description of how the requested funds will be used by the local law-enforcement agency to combat violent crime;

2. The amount of any and all funds received by said local law-enforcement agency from the Fund during the previous 5 fiscal years; and

3. The name of the local law-enforcement agency requesting said funds and the name of the individual in such agency who shall be responsible for keeping accurate records as to the use of said funds.

b. In addition, prior to receiving any funds hereunder in any fiscal year, all local law-enforcement agencies shall certify in writing to the Committee that:

1. Funds received from the Fund to Combat Violent Crimes will supplement, not supplant, any nonstate funding to local law-enforcement agencies that would otherwise be available for activities funded under this paragraph;

2. The award of any funds hereunder shall not guarantee that funding shall be available to the same extent in future fiscal years;

3. The responsibility for any future decrease in funding shall be borne by the local law-enforcement agency, not the State.

c. The Committee may require such additional information from local law-enforcement agencies, and may otherwise adopt such procedures and forms, as shall be necessary for the effective administration of this paragraph.

(5) If a majority of the Committee determines that all of the funds requested by a local law-enforcement agency will be used for purposes permitted hereunder, the Committee shall authorize payment to each local law-enforcement agency as follows:

a. Each full-time local law-enforcement agency shall receive $15,000 per year and each part-time local law-enforcement agency shall receive $7,500 per year.

b. All funds in excess of the amounts set forth above shall be distributed to local law-enforcement agencies on a pro rata basis, based upon the local law-enforcement agency’s actual strength of full-time sworn officers.

(6) Local law-enforcement agencies shall not be permitted to use moneys hereunder to cover salaries or other salary costs, except overtime, unless the Committee:

a. Determines that sufficient funding is available from the Fund to Combat Violent Crimes to support such expenditures on a long-term basis; and

b. Issues a written opinion to that effect, signed by all of the members of the Committee and provided to the Governor and the chair and co-chair of the Joint Finance Committee, no earlier than June 30, 2012.

(7) Any funds granted to a local law-enforcement agency pursuant to paragraphs (h)(5) and (6) of this section that are not fully expended within 12 months of receipt thereof must be returned by the agency to the Fund to Combat Violent Crimes within 60 days, unless the agency has requested and has received an authorization in writing for an extension of up to 120 days by the Committee.

(8) Notwithstanding anything to the contrary herein, no more than $4.25 million of the funds collected under this paragraph in each fiscal year shall be deposited into the Fund to Combat Violent Crimes. Any amount in excess of $4.25 million in each fiscal year shall be deposited into the General Fund.

(9) For purposes of this subsection:

a. “Full-time local law-enforcement agency” shall mean any local law-enforcement agency providing continuous, 24-hour coverage to a county or municipality.

b. “Fund” shall mean the Fund to Combat Violent Crimes.

c. “Initiative to combat violent crime” means any initiative, plan, proposal, operation, or strategy designed to reduce the prevalence of 1 or more offenses classified as “violent felonies” under § 4201(c) of this title.

d. “Local law-enforcement agency” means any county or municipal police department within this State, but does not include any county sheriff’s office.

e. “Part-time local law-enforcement agency” shall mean any local law-enforcement agency providing less than continuous, 24-hour coverage to a county or municipality.

(i) [Repealed.]

(j) In addition to, and at the same time as any fine, penalty, or forfeiture assessed to a criminal defendant or recipient of a civil offense, there shall be levied an additional penalty of $10 imposed and collected for any violations of Title 21. When a fine, penalty, or forfeiture is suspended, in whole or in part, this penalty assessment may not be suspended, except for a violation of § 4129 of Title 21.

(1) This penalty assessment shall, for collection purposes, have first priority over all other penalty assessments created by this section and shall:

a. Have first priority after payments to the Victim Compensation Fund and restitution, consistent with § 4106(c) of this title, and the Court Security Fund, created by § 8505 of Title 10; and

b. Have priority over all other penalty assessments, costs, or fees established by an act of the General Assembly.

(2) Upon collection of this penalty assessment, the assessment must be paid over to the State Treasury to be deposited in a separate account for the administration of this subsection, which account shall be designated as the “Volunteer Ambulance Company Fund” (Fund), which is hereby created.

(3) The Fund shall be administered by the State Fire Prevention Commission. The Commission shall pay the moneys from the Fund directly to each volunteer ambulance company in this State in proportion to the number of ambulance runs by a volunteer ambulance company out of the total number of ambulance runs by all volunteer ambulance companies in this State.

(4) For the purposes of this subsection:

a. “Ambulance runs” means volunteer ambulance company responses to dispatched calls for service.

b. “Basic life support (BLS)” shall have the same meaning as set forth in § 9702 of Title 16.

c. “Volunteer ambulance company” means a nonprofit ambulance company that is certified by the State Fire Prevention Commission and is providing basic life support (BLS) services.
11 Del. C. § 4201 — Delaware Code / Title 11 / Chapter 42 / Section 4201
§ Â
        4201. Transition provisions.
Status: in_force

(a) Felonies are classified, for the purpose of sentence, into 7 categories:

(1) Class A felonies;

(2) Class B felonies;

(3) Class C felonies;

(4) Class D felonies;

(5) Class E felonies;

(6) Class F felonies;

(7) Class G felonies.

(b) Any crime or offense which is designated as a felony but which is not specifically given a class shall be a class G felony and shall carry the sentence provided for said class felony.

(c) (1) The following felonies shall be designated as violent felonies:

(2) Any attempt to commit any felony designated in paragraph (c)(1) of this section as a violent felony shall also be designated as a violent felony.
11 Del. C. § 8606 — Delaware Code / Title 11 / Chapter 86 / Section 8606
§ Â
        8606. Office of the Director; function and duties.
Status: in_force

(a) Appointment and duties of Executive Director. — The Executive Director shall be appointed by and serve at the pleasure of the Board. The duties of the Executive Director shall include:

(1) The employment and supervision of required employees.

(2) The preparation and management of an annual budget, and such other funds as are designated for the development and operation of the Criminal Justice Information System.

(3) Providing such administrative support to the Board as may be necessary.

(4) The preparation of policy or procedure to implement this chapter and Chapter 85 of this title.

(5) Being the Chief Operational Officer of the Criminal Justice Information System.

(6) The preparation of an annual report on the status of the Criminal Justice Information System.

(7) Making and entering into a cooperative agreement, contract, or memorandum of understanding, whenever deemed necessary or desirable to perform the functions of the Criminal Justice Information System and whenever funds are available for such purpose. All necessary legal services shall be provided under Chapter 25 of Title 29.

(b) Primary functions. — The primary function of the Office of the Director shall be the assurance of the efficient and reliable development and operation of the hardware, software, and database which comprise the Criminal Justice Information System; thereby, effectively collecting, storing, and disseminating through the automated system, for all authorized users, criminal justice information.

(c) Duty to provide security. — The Office of the Director shall provide for automated security as follows:

(1) Provide secure access for all authorized users through the administration of the Delaware Criminal Justice Information System security programs.

(2) Employ effective and technologically adequate software and hardware designs to prevent unauthorized access or modifications to any information contained within the Criminal Justice Information System.

(3) Ensure that access to computer facilities, systems operating environments, data file contents, and system documentation, whether in use or stored in a media library, shall be restricted to authorized agencies and authorized users.

(4) Procedures shall be instituted to assure that all Delaware Justice Information System facilities provide safe and secure record storage.

(5) Procedures shall be instituted to assure that any authorized agency or authorized user shall be responsible for the physical security of criminal justice information, or other such sensitive information, under its control or in its custody, and such information shall be protected from unauthorized access, disclosure, or dissemination.

(6) Direct access to criminal justice information, or other such sensitive information, shall be available only to authorized users essential to the proper operation of the Criminal Justice Information System.

(7) Each authorized user working with, or having access to the Criminal Justice Information System shall be made familiar with the substance and intent of this chapter, Chapter 85 of this title, and any rules and regulations promulgated by the Board under § 8605 of this title.

(d) Duty to maintain complete and accurate records; performance of an audit. — The Office of the Director, or such contracted firms as may be employed, shall conduct an audit of the Criminal Justice Information System files and of the agencies accessing the system. The audit will be conducted according to established systems auditing procedures, and other such procedures as the Board may prescribe.

(e) Duty to provide training. — The Office of the Director shall assure that training programs are established for all automated systems within the scope of the Criminal Justice Information System and provide for adequate documentation and manuals for the use of such systems. No authorized user will be granted access to criminal justice information without attending minimum training as prescribed by the Board.

(f) Duty to assure system operations. — The Office of the Director shall provide for the continued operation of the Criminal Justice Information System, including such maintenance as required.

(g) Duty to provide information resource management. — The Office of the Director shall provide the management of the Criminal Justice Information System data, assuring the effective use of the information resource.

(h) Duty to assure compliance with state criminal justice system; duty to provide effective management. — The Office of the Director shall have the duty to assure that all Criminal Justice Information System developments shall meet the requirements of the state criminal justice system and its authorized agencies, and provide for the effective management of the development process.

(i) Duties pursuant to cooperative agreement, contract, or memorandum of understanding. — The Office of the Director shall perform such duties as the Board deems necessary within the bounds of the Criminal Justice Information System, its management and maintenance, as established through cooperative agreement, contract, or memorandum of understanding.
11 Del. C. § 786 — Delaware Code / Title 11 / Chapter 5 / Subchapter II / Section 786
§ Â
        786. Kidnapping and related offenses; definitions.
Status: in_force

(a) “Harm” to a kidnap victim, in addition to its ordinary meaning, includes rape, unlawful sexual intercourse, unlawful sexual penetration or unlawful sexual contact, even if such rape, unlawful sexual intercourse, unlawful sexual penetration or unlawful sexual contact is not accompanied by physical violence.

(b) “Relative” means a parent, ancestor, brother, sister, uncle or aunt.

(c) “Restrain” means to restrict another person’s movements intentionally in such a manner as to interfere substantially with the person’s liberty by moving the person from 1 place to another, or by confining the person either in the place where the restriction commences or in a place to which the person has been moved, without consent. A person is moved or confined “without consent” when the movement or confinement is accomplished by physical force, intimidation or deception, or by any means, including acquiescence of the victim, if the victim is a child less than 16 years old or an incompetent person and the parent, guardian or other person or institution having lawful control or custody of the person has not acquiesced in the movement or confinement.
11 Del. C. § 9017 — Delaware Code / Title 11 / Chapter 90 / Section 9017
§ Â
        9017. Annual reports.
Status: in_force

The Department of Justice shall transmit to the Governor, State Auditor, and the General Assembly an annual report of the activity of the Agency under this chapter.
11 Del. C. § 1505 — Delaware Code / Title 11 / Chapter 15 / Section 1505
§ Â
        1505. Civil remedies.
Status: in_force

(a) The Superior Court of this State shall have jurisdiction to prevent and restrain violations of this chapter by issuing appropriate orders, including but not limited to: Ordering any person to divest any interest, direct or indirect, in any enterprise; imposing reasonable restrictions on the future activities or investments of any person including, but not limited to, prohibiting any person from engaging in the same type of endeavor as the enterprise engaged in; or ordering the dissolution or reorganization of any enterprise, making due provision of the rights of innocent persons.

(b) The Attorney General may institute proceedings under § 1503 of this title and in addition for damages, civil forfeiture and a civil penalty of up to $100,000 for each incident of activity constituting a violation of this chapter. In any action brought by the State under § 1503 of this title, the Court shall proceed as soon as practicable to hold a hearing and reach a final determination in the matter. Pending final determination thereof, the Court may at any time enter such restraining orders or prohibitions, or take such other actions, including the acceptance of any satisfactory performance bond, as it shall deem proper.

(c) Any person directly or indirectly injured by reason of any conduct constituting a violation of this chapter may sue therefor in any appropriate court, and if successful shall recover 3 times the actual damages sustained and, when appropriate, punitive damages. Damages under this subsection are not limited to competitive or distinct injury. Plaintiffs who substantially prevail shall also recover attorneys’ fees in the trial and appellate courts, together with the costs of investigation and litigation, reasonably incurred; provided, however, no action may be had under § 1503 of this title except against a defendant who has been criminally convicted of a racketeering activity which was the source of the injury alleged, and no action may be brought under this provision except within 1 year of such conviction.

(d) Any person who is injured by reason of any violation of this chapter shall have a right or claim to property forfeited under § 1504 of this title, or to the proceeds derived therefrom, which right or claim shall be superior to that of the State (other than for costs) in the same property or proceeds. To enforce such right or claim, the injured person must intervene.

(e) Upon the filing of a civil proceeding or action, the plaintiff shall immediately notify the Attorney General of the filing. The Attorney General may intervene upon certification that in the opinion of the Attorney General the action is of general public interest.

(f) Notwithstanding any other provision of law providing a shorter period of limitations, a civil proceeding or action under this paragraph may be commenced within 5 years after the conduct made unlawful under § 1504 of this title or when the cause of action otherwise accrues or within an longer statutory period that shall be applicable. If a criminal proceeding or civil action or other proceeding is brought or intervened in by the Attorney General to punish, prevent or restrain any activity made unlawful under § 1504 of this title, the running of the period of limitations prescribed by this subsection with respect to any other cause of action of an aggrieved person based in whole or part upon any matter complained of in any such prosecution, action or proceeding, shall be suspended during the pendency of such prosecution, action or proceeding and for 2 years following its termination.
11 Del. C. § 2324 — Delaware Code / Title 11 / Chapter 23 / Subchapter II / Section 2324
§ Â
        2324. Condemnation proceedings; rule-making power of Superior Court.
Status: in_force

The vehicle seized under this subchapter shall be proceeded against by the Attorney General on behalf of this State in accordance with the procedure set forth in subchapter VI of Chapter 47 of Title 16.
11 Del. C. § 891 — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 891
§ Â
        891. Defrauding secured creditors; class A misdemeanor.
Status: in_force

A person is guilty of defrauding secured creditors if the person destroys, removes, conceals, encumbers, transfers or otherwise deals with property subject to a security interest, intending to defeat enforcement of that interest.

Defrauding secured creditors is a class A misdemeanor.
11 Del. C. § 1118 — Delaware Code / Title 11 / Chapter 5 / Subchapter V / Section 1118
§ Â
        1118. Distribution of samples or coupons.
Status: in_force

(a) It shall be unlawful for any person to distribute tobacco product or tobacco substitute samples or coupons for subsequent receipt of free or discounted tobacco products or tobacco substitutes to an individual who has not attained the age of 21 years.

(b) A person engaged in sampling shall have the right to demand proof of age from a prospective recipient of samples or of coupons for the redemption of tobacco products or tobacco substitutes.
11 Del. C. § 6591 — Delaware Code / Title 11 / Chapter 65 / Subchapter XI / Section 6591
§ Â
        6591. Procedure.
Status: in_force

(a) The Department shall determine the need for a correctional facility based upon the comprehensive plan developed pursuant to § 6590 of this title.

(b) Following a formal determination of need for such facility by the Department, the Department shall publish a notice in 2 newspapers of general circulation within this State that it proposes to establish a correctional facility in a particular town, city or county.

(c) In addition to the general notice specified in subsection (b) of this section, the Department shall further provide written notice within 30 days of the publishing of said general notice to the following officials:

(1) The state senator and the state representative representing the district or districts in the county and town or city where the proposed correctional facility is to be located.

(2) The chief elected official of the county and town or city in which the proposed correctional facility is to be located.

(3) Each member of the governing body of the county and town or city in which the proposed correctional facility is to be located.

(4) The president of the local school board of the school district or districts in the county and town or city in which the proposed correctional facility is to be located.

(5) The president of each state-supported college or university whose campus is located within the county, town or city where the proposed correctional facility is to be located.

(d) In addition to the notice required by paragraph (c)(3) of this section, the Department, on or before the date of the issuance of said notice, shall request the chief elected official of the county in which the proposed correctional facility is to be located to create a local advisory board to assist in the identification of potential sites for the correctional facility, to act as a liaison between the Department and the local community, and to ensure that the comprehensive plan is being followed by the Department. The advisory board shall consist of no less than 7 and no more than 11 citizens of the county, town or city in which the proposed correctional facility is to be located. The citizens appointed to the advisory committee shall be fairly representative, in terms of economic status, race, education and the like, of the population of the county, city or town where the proposed correctional facility is to be located.

(e) After the requirements of subsections (a), (b), (c) and (d) of this section are completed, and the Department has identified a potential site, the Department shall hold public hearing or hearings on at least 2 different dates in the city or town in which the potential site is located. If the potential site is in an unincorporated area, the public hearings shall be held in the county seat of the county in which the potential site is located. The Department shall participate in the hearings and shall make a reasonable effort to respond in writing to concerns and questions raised on the record at the hearings. The hearing shall not be held until the local advisory board created by subsection (d) of this section has organized or no sooner than 30 days after the notice is sent pursuant to subsection (c) of this section, whichever occurs first.

(f) The hearings to be conducted under subsection (e) of this section shall be open to the public and shall be held in a place available to the general public. Any person shall be permitted to attend a hearing except as otherwise provided herein. A person shall not be required as a condition of attendance at a hearing to register or otherwise provide the person’s name or other information. A person shall be permitted to address the hearing under written procedures established by the Department. A person shall not be excluded from a hearing except for a breach of peace actually committed at the meeting.

(g) The following provisions shall apply with respect to public notice of hearings required under this section:

(1) The public notice required under this section shall always contain the name of the Department, its telephone number and address.

(2) A copy of the public notice shall always be posted at the Department’s principal office and other locations considered appropriate by the Department.

(3) Public notice of the hearings required under this section shall be prominently posted in the office of the county clerk of the county in which the proposed facility is to be located at least 10 days prior to each hearing and shall state the date, time and place of the hearing. The required public notice of hearing shall also be published at least 10 days prior to the hearing in a newspaper of general circulation within the county in which the proposed facility is to be located.

(4) A public notice stating the date, time and place of the hearing shall be prominently posted at least 10 days before the hearing.

(h) Minutes of each hearing required under this section shall be kept by the Department showing the date, time, place, members of the local advisory board present, members of the local advisory board absent, and a summary of the discussions at the hearing. The minutes shall be public record open to public inspection and shall be available at the address designated on the posted public notices. Copies of the minutes shall be available from the Department to the public at the reasonable estimated cost for printing and copying.

(i) On the basis of the information developed by the Department during the course of the site selection process and after community concerns have been responded to by the Department pursuant to subsection (e) of this section, a final site determination shall be made by the Department for the proposed correctional facility. The Department shall make a finding that the site determination was made in compliance with this section.
11 Del. C. § 1101 — Delaware Code / Title 11 / Chapter 5 / Subchapter V / Section 1101
§ Â
        1101. Abandonment of child; class E felony; class F felony.
Status: in_force

A person is guilty of abandonment of a child when, being a parent, guardian or other person legally charged with the care or custody of a child, the person deserts the child in any place intending permanently to abandon the child.

Abandonment of a child is a class E felony unless the child is 14 years of age or older. Abandonment of a child 14 years of age or older is a class F felony.
11 Del. C. § 951 — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 951
§ Â
        951. Money laundering; class D felony.
Status: in_force

(a) A person is guilty of money laundering when:

(1) The person knowingly acquires or maintains an interest in, conceals, possesses, transfers, or transports the proceeds of criminal activity; or

(2) The person knowingly conducts, supervises, or facilitates a transaction involving the proceeds of criminal activity; or

(3) The person knowingly invests, expends, or receives, or offers to invest, expend, or receive the proceeds of criminal activity or funds that the person believes are the proceeds of criminal activity; or

(4) The person knowingly finances or invests or intends to finance or invest funds that the person believes are intended to further the commission of criminal activity; or

(5) The person knowingly engages in a transaction involving the proceeds of criminal activity intended, in whole or in part, to avoid a currency transaction reporting requirement under the laws of this State or any other state or of the United States.

(b) Knowledge of the specific nature of the criminal activity giving rise to the proceeds is not required to establish a culpable mental state under this section.

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

(1) “Criminal activity” means any offense that is a crime under the Laws of Delaware, another state, or the United States.

(2) “Funds” includes:

a. Coin or currency of the United States or any other country;

b. Bank checks or money orders; or

c. Investment or negotiable instruments, in bearer form or otherwise in such form that title thereto passes upon delivery.

(3) “Funds that the person believes are the proceeds of criminal activity” means any funds that are believed to be proceeds of criminal activity including funds that are not the proceeds of criminal activity.

(4) “Proceeds” means funds acquired or derived directly or indirectly from, produced through, or realized through an act.

(5) “Structure” or “structuring” means that a person, acting alone, or in conjunction with, or on behalf of, other persons, conducts or attempts to conduct 1 or more transactions in currency, in any amount, at 1 or more financial institutions, including video lottery facilities, on 1 or more days, in any manner, for the purpose of evading currency transaction reporting requirements provided by state or federal law. “In any manner” includes, but is not limited to, the breaking down into smaller sums of a single sum of currency meeting or exceeding that which is necessary to trigger a currency reporting requirement or the conduct of a transaction, or series of currency transactions, at or below the reporting requirement. The transaction or transactions need not exceed the reporting threshold at any single financial institution on any single day in order to meet the definition of “structure” or “structuring” provided in this paragraph. Among the factors that the finder of fact may consider in determining that a transaction has been designed to avoid a transaction reporting requirement shall be whether the person, acting alone or with others, conducted 1 or more transactions in currency, in any amount, at 1 or more financial institutions, on 1 or more days, in any manner.

(d) It is a defense to prosecution under this section that the transaction was necessary to preserve a person’s right to representation as guaranteed by the Sixth Amendment of the United States Constitution or by article I, § 17 of the Delaware Constitution or that the funds were received as bona fide legal fees by a licensed attorney and at the time of their receipt, the attorney did not have actual knowledge that the funds were derived from criminal activity.

(e) A violation of subsection (a) of this section is a class D felony.

(f) Structuring; avoiding a transaction reporting requirement. — A person is guilty of a crime if, with the purpose to evade a transaction reporting requirement of this State or of 31 U.S.C. § 5311 et seq. or 31 C.F.R. § 103 et seq., or any rules or regulations adopted under those chapters and sections, the person:

(1) Causes or attempts to cause a financial institution, including a video lottery facility, foreign or domestic money transmitter or an authorized delegate thereof, check casher, person engaged in a trade or business or any other individual or entity required by state or federal law to file a report regarding currency transactions or suspicious transactions to fail to file a report; or

(2) Causes or attempts to cause a financial institution, including a video lottery facility, foreign or domestic money transmitter or an authorized delegate thereof, check casher, person engaged in a trade or business or any other individual or entity required by state or federal law to file a report regarding currency transactions or suspicious transactions to file a report that contains a material omission or misstatement of fact; or

(3) Structures or assists in structuring, or attempts to structure or assist in structuring, any transaction with one or more financial institutions, including a video lottery facility, foreign or domestic money transmitters or an authorized delegate thereof, check cashers, persons engaged in a trade or business or any other individuals or entities required by state or federal law to file a report regarding currency transactions or suspicious transactions.

(g) A violation of subsection (f) of this section is a class G felony.

(h) Money laundering shall not be deemed to be a related or included offense of any other provision of this Code. Prosecution and sentencing for money laundering shall not be deemed to preclude prosecution or sentencing under any other provision of this Code.
11 Del. C. § 8611 — Delaware Code / Title 11 / Chapter 86 / Section 8611
§ Â
        8611. Agency agreements.
Status: in_force

(a) Use of criminal justice information shall be restricted to the purpose for which it was given.

(b) An authorized agency shall not disseminate criminal justice information, except as otherwise provided in Chapter 85 of this title or as required by Delaware law.

(c) An agency agreement shall, at a minimum, do all of the following:

(1) Specifically authorize access to the data or information.

(2) Limit the use of the data or information to purpose for which it was given.

(3) Ensure the security and confidentiality of the data or information consistent with this chapter.

(d) An authorized agency which has entered into an agency agreement, and which knowingly or recklessly violates the terms of that agreement, shall be guilty of a class A misdemeanor and shall be punished according to Chapter 42 of this title. Upon such violation, the agency agreement shall be terminable at the option of the State Bureau of Identification or the Board.
11 Del. C. § 787 — Delaware Code / Title 11 / Chapter 5 / Subchapter II / Section 787
§ Â
        787. Trafficking an individual, forced labor and sexual servitude; class D felony; class C felony; class B felony; class A felony.
Status: repealed

(a) For the purposes of this section:

(1) “Adult” has the meaning ascribed in § 302 of Title 1;

(2) “Adult entertainment establishment” means as defined in § 1602 of Title 24.

(3) “Along a major highway” means abutting Interstate 95, Interstate 295, Interstate 495, Route 1, Route 9, Route 13, Route 40, Route 113, Route 141, or Route 202.

(4) “Bar” means “cabaret,” “taproom,” or “tavern,” as defined in § 101 of Title 4.

(5) “Casino” means “video lottery agent,” as defined in § 4803 of Title 29.

(6) “Coercion” means:

a. The use or threat of force against, abduction of, serious harm to, or physical restraint of an individual;

b. The use of a plan, pattern, or statement with intent to cause an individual to believe that failure to perform an act will result in the use of force against, abduction of, serious harm to, or physical restraint of an individual;

c. The abuse or threatened abuse of law or legal process;

d. Controlling or threatening to control an individual’s access to a controlled substance enumerated in § 4714, § 4716, § 4718, § 4720 or § 4722 of Title 16;

e. The destruction of, taking of, or the threat to destroy or take an individual’s identification document or other property;

f. Use of debt bondage;

g. The use of an individual’s physical, cognitive disability or mental impairment, where such impairment has substantial adverse effects on the individual’s cognitive or volitional functions; or

h. The commission of civil or criminal fraud;

(7) “Commercial sexual activity” means any sexual activity for which anything of value is given, promised to, or received by any person;

(8) “Debt bondage” means inducing an individual to provide:

a. Commercial sexual activity in payment toward or satisfaction of a real or purported debt; or

b. Labor or services in payment toward or satisfaction of a real or purported debt if:

1. The reasonable value of the labor or services is not applied toward the liquidation of the debt; or

2. The length of the labor or services is not limited and the nature of the labor or services is not defined;

(9) “Department” as used in subsection (l) of this section, means the Department of Labor, unless a different Department is specified by name.

(10) “Establishment” means an individual, partnership, limited liability company, corporation, firm, trust, association, society, or other entity engaged in a business, industry, profession, trade, or other enterprise, including a nonprofit entity, with a physical premises open to employees or the public in the State of Delaware.

(11) “Forced labor or services” means labor, as defined in this section, or services, as defined in this section, that are performed or provided by another person and are obtained or maintained through coercion as enumerated in paragraph (b)(1) of this section;

(12) “Hotel” means “hotel,” “motel,” or “tourist home,” as defined in § 2301 of Title 30.

(13) “Human trafficking” means the commission of any of the offenses created in subsection (b) of this section;

(14) “Identification document” means a passport, driver’s license, immigration document, travel document, or other government-issued identification document, including a document issued by a foreign government, whether actual or purported;

(15) “Labor or services” means activity having economic or financial value, including commercial sexual activity. Nothing in this definition should be construed to legitimize or legalize prostitution;

(16) “Maintain” means in relation to labor or services, to secure continued performance thereof, regardless of any initial agreement on the part of the victim to perform such type of service;

(17) “Massage establishment” means as defined in § 5302 of Title 24.

(18) “Minor” has the meaning ascribed in § 302 of Title 1;

(19) “Obtain” means in relation to labor or services, to secure performance thereof;

(20) “Public awareness sign” as used in subsection (l) of this section, means the sign created under paragraph (k)(3)e. of this section or a sign created by an establishment that meets all of the following requirements:

a. Is at least 8 inches wide by 11 inches long.

b. Contains at least all of the information required to be in a sign under paragraph (k)(3)e. of this section.

c. Meets any other requirements established by regulation.

(21) “Residential child care facility” means as defined in the Office of Child Care Licensing regulations promulgated under Chapter 30A of Title 14.

(22) “Restaurant with a liquor license” means a “restaurant,” as defined in § 101 of Title 4, with a “license,” as defined in § 101 of Title 4.

(23) “Serious harm” means harm, whether physical or nonphysical, including psychological, economic, or reputational, to an individual which would compel a reasonable individual of the same background and in the same circumstances to perform or continue to perform labor or services or sexual activity to avoid incurring the harm;

(24) “Sexual activity” means any of the sex-related acts enumerated in § 761 of this title, or in § 1342, § 1351, § 1352(1), § 1353(1), § 1354 or § 1355 of this title or sexually-explicit performances;

(25) “Sexually explicit performance” means a live public act or show, production of pornography, or the digital transfer of any of such, intended to arouse or satisfy the sexual desires or appeal to the prurient interest of viewers;

(26) “Shopping mall” means an enclosed indoor retail complex containing a variety of shops and restaurants, whether contained in a series of connected or adjacent buildings or in a single large building, and usually anchored by department stores.

(27) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band recognized by federal law or formally acknowledged by state; and

(28) “Victim” means a person who is subjected to the practices set forth in subsection (b) of this section or to conduct that would have constituted a violation of subsection (b) of this section had 79 Del. Laws, c. 276 been in effect when the conduct occurred, regardless of whether a perpetrator is identified, apprehended, prosecuted or convicted.

(29) “Wellness center” means an urgent care clinic, walk-in health clinic, “school-based health center,” as defined in § 3571G of Title 18, substance abuse treatment clinic, psychiatric treatment facility, family planning clinic, or community health clinic.

(b) Prohibited activities. — (1) Trafficking an individual. — A person is guilty of trafficking an individual if the person knowingly recruits, transports, harbors, receives, provides, obtains, isolates, maintains, advertises, solicits, or entices an individual in furtherance of forced labor in violation of paragraph (b)(2) of this section or sexual servitude in violation of paragraph (b)(3) of this section. Trafficking an individual is a class C felony unless the individual is a minor, in which case it is a class B felony.

(2) Forced labor. — A person is guilty of forced labor if the person knowingly uses coercion to compel an individual to provide labor or services, except where such conduct is permissible under federal law or law of this State other than 79 Del. Laws, c. 276. Forced labor is a class C felony unless the individual is a minor, in which case it is a class B felony.

(3) Sexual servitude. — a. A person commits the offense of sexual servitude if the person knowingly:

1. Maintains or makes available a minor for the purpose of engaging the minor in commercial sexual activity; or

2. Uses coercion or deception to compel an adult to engage in commercial sexual activity.

b. Sexual servitude is a class C felony unless the individual is a minor, in which case it is a class B felony.

c. It is not a defense in a prosecution under paragraph (b)(3)a.1. of this section that the minor consented to engage in commercial sexual activity or that the defendant believed the minor was an adult.

(4) Patronizing a victim of sexual servitude. — A person is guilty of patronizing a victim of sexual servitude if the person knowingly gives, agrees to give, or offers to give anything of value so that the person may engage in commercial sexual activity with another person and the person knows that the other person is a victim of sexual servitude. Patronizing a victim of sexual servitude is a class D felony unless the victim of sexual servitude is a minor, in which case it is a class C felony. It is not a defense in a prosecution when the victim of sexual servitude is a minor that the minor consented to engage in commercial sexual activity or that the defendant believed the minor was an adult.

(5) Trafficking of persons for use of body parts. — A person is guilty of trafficking of persons for use of body parts when a person knowingly:

a. Recruits, entices, harbors, provides or obtains by any means, another person, intending or knowing that the person will have body parts removed for sale; or

b. Benefits, financially or by receiving anything of value, from participation in a venture which has engaged in an act described in violation of this section. Such person shall be guilty of a class A felony. Nothing contained herein shall be construed as prohibiting the donation of an organ by an individual at a licensed medical facility after giving an informed voluntary consent.

(6) Aggravating circumstance. — An aggravating circumstance during the commission of an offense under paragraphs (b)(1)-(3) of this section occurs when:

a. The person recruited, enticed, or obtained the victim from a shelter designed to serve victims of human trafficking, victims of domestic violence, victims of sexual assault, runaway youth, foster children, or the homeless; or

b. The person used or threatened use of force against, abduction of, serious harm to, or physical restraint of the victim.

If an aggravating circumstance occurred, the classification of the offense under paragraphs (b)(1)-(3) of this section is elevated by 1 felony grade higher than the underlying offense.

(c) Organizational liability. — (1) An organization may be prosecuted for an offense under this section pursuant to § 281 of this title (Criminal liability of organizations).

(2) The court may consider the severity of an organization’s offense under this section and order penalties in addition to those otherwise provided for the offense, including:

a. A fine of not more than $25,000 per offense;

b. Disgorgement of profit from illegal activity in violation of this section; and

c. Debarment from state and local government contracts.

(d) Restitution is mandatory under this section. — (1) In addition to any other amount of loss identified, the court shall order restitution, including the greater of:

a. The gross income or value to the defendant of the victim’s labor or services; or

b. The value of the victim’s labor as guaranteed under the minimum wage and overtime provisions of the Fair Labor Standards Act (FLSA) (29 U.S.C. § 201 et seq.) or of Title 19, whichever is greater.

(2) The court shall order restitution under this subsection (d) even if the victim is unavailable to accept payment of restitution.

(3) If the victim is unavailable for 5 years from the date of the restitution order, the restitution ordered under this subsection (d) must be paid to the Victim Compensation Fund established under § 9016 of this title.

(e) Forfeiture. — (1) On motion, the court shall order a person convicted of an offense under paragraphs (b)(1) through (b)(5) of this section to forfeit any interest in real or personal property that was used or intended to be used to commit or facilitate the commission of the offense or that constitutes or derives from proceeds that the person obtained, directly or indirectly, as a result of the offense.

(2) In any proceeding against real or personal property under this section, the owner may assert a defense, and has the burden of establishing, by a preponderance of the evidence, that the forfeiture is manifestly disproportional to the seriousness of the offense.

(3) Proceeds from the public sale or auction of property forfeited under this subsection must be distributed in the manner otherwise provided for the distribution of proceeds of judicial sales.

(f) Admissibility of certain evidence. — In a prosecution or civil action for damages under this section, evidence of a specific instance of the alleged victim’s past sexual behavior, or reputation or opinion evidence of past sexual behavior of the alleged victim, is not admissible unless the evidence is:

(1) Admitted in accordance with §§ 3508 and 3509 of this title; or

(2) Offered by the prosecution in a criminal case to prove a pattern of trafficking by the defendant.

(g) Special provisions regarding a minor. — (1) A minor who has engaged in commercial sexual activity is presumed to be a neglected or abused child under § 901 et seq. of Title 10. Whenever a police officer has probable cause to believe that a minor has engaged in commercial sexual activity, the police officer shall make an immediate report to the Department of Services for Children, Youth and Their Families pursuant to § 901 et seq. of Title 16.

(2) A party to a juvenile delinquency proceeding in which a minor is charged with loitering, or an attorney guardian ad litem or court-appointed special advocate appointed in a proceeding under § 901 et seq. of Title 10, may file a motion on behalf of a minor in a juvenile delinquency proceeding seeking to stay the juvenile delinquency proceedings. Such motion may be opposed by the Attorney General. The Family Court may consider such a motion and, in its discretion, may stay the juvenile delinquency proceeding indefinitely. Upon such motion, the Department of Services for Children, Youth and Their Families and/or the Family Court may identify and order available specialized services for the minor that, in the opinion of the Department of Services for Children, Youth and Their Families or Family Court, are best suited to the needs of the juvenile. So long as the minor substantially complies with the requirement of services identified by the Department of Services for Children, Youth and Their Families and/or ordered by the Family Court, the Attorney General shall, upon motion, nolle prosequi the stayed charges no earlier than 1 year after the stay was imposed. Upon motion of the Attorney General that the minor has not substantially complied with the requirement of services identified by the Department of Services for Children, Youth and Their Families and/or ordered by the Family Court, the Family Court shall lift the stay for further proceedings in accordance with the regular course of such proceedings.

(h) Defense to charge of prostitution or loitering. — An individual charged with prostitution or loitering committed as a direct result of being a victim of human trafficking may assert as an affirmative defense that the individual is a victim of human trafficking.

(i) Civil action. — (1) A victim may bring a civil action against a person that commits an offense under subsection (b) of this section for compensatory damages, punitive damages, injunctive relief, and any other appropriate relief.

(2) In an action under this subsection, the court shall award a prevailing victim reasonable attorneys’ fees and costs, including reasonable fees for expert witnesses.

(3) An action under this subsection must be commenced not later than 5 years after the later of the date on which the victim:

a. Was freed from the human trafficking situation; or

b. Attained 18 years of age.

(4) Damages awarded to the victim under this subsection for an item must be offset by any restitution paid to the victim pursuant to subsection (d) of this section for the same item.

(5) This subsection does not preclude any other remedy available to the victim under federal law or law of this State other than this section.

(j) Application for pardon and petition to expunge; motion to vacate adjudication of delinquency or conviction and expungement record. — (1) Notwithstanding any provision of Chapter 43 of this title or any other law to the contrary, a person arrested or convicted of any crime, except those deemed to be violent felonies pursuant to § 4201 of this title committed as a direct result of being a victim of human trafficking may file an application for a pardon pursuant to article VII of the Delaware Constitution and § 4361 et seq. of this title and may file a petition requesting expungement of such criminal record pursuant to § 4371 et seq. of this title.

(2) A person convicted or adjudicated delinquent of any crime, except those deemed to be violent felonies pursuant to § 4201 of this title, committed as a direct result of being a victim of human trafficking may file a motion in the court in which the adjudication of delinquency or conviction was obtained to vacate the adjudication or judgment of conviction. A motion filed under this paragraph must:

a. Be in writing;

b. Be sent to the Delaware Department of Justice;

c. [Repealed.]

d. Describe the evidence and provide copies of any official documents showing that the person is entitled to relief under this paragraph.

If the motion satisfies the foregoing requirements, the court shall hold a hearing on a motion, provided that the court may dismiss a motion without a hearing if the court finds that the motion fails to assert grounds on which relief may be granted. Official documentation of the person’s status as a victim of this section, “trafficking in persons”, or “a severe form of trafficking” from a federal, state, or local government agency shall create a presumption that the person’s participation in any crime, except those deemed to be violent felonies pursuant to § 4201 of this title, committed was a direct result of having been a victim of human trafficking but shall not be required for the court to grant a petition under this paragraph. If the petitioner can show to the satisfaction of the court that such petitioner is entitled to relief in a proceeding under this paragraph, the court shall grant the motion and, pursuant to this paragraph, enter an order vacating the adjudication of delinquency or judgment of conviction and dismissing the accusatory pleading, and may take such additional action as is appropriate in the circumstances or as justice requires.

(3) Notwithstanding any provisions of Chapter 43 of this title, Chapter 9 of Title 10, or any other law to the contrary, any person filing a motion under paragraph (j)(2) of this section in Superior Court or Family Court may also seek in that motion expungement of the criminal or juvenile record related to such conviction. If the court grants the motion to vacate the adjudication of delinquency or conviction under paragraph (j)(2) of this section and the movant also requested expungement, the court’s order shall require expungement of the police and court records relating to the charge and conviction or adjudication of delinquency. This order must contain a statement that the expungement is ordered under this paragraph (j)(3) and, notwithstanding any limitations to the contrary, that the provisions of §§ 4372(e), 4376, and 4377 of this title and § 1019 of Title 10 apply to the order.

(4) Notwithstanding any provision of Chapter 43 of this title or any other law to the contrary, upon granting the motion, the Court of Common Pleas shall provide Superior Court with the certified order granting the motion to vacate. Upon finding that the Court of Common Pleas entered an order under paragraph (j)(2) of this section, the Superior Court shall enter an order requiring expungement of the police and court records relating to the charge and conviction. This order must contain a statement that the expungement is ordered under this paragraph (j)(4) and, notwithstanding any limitations to the contrary, that the provisions of §§ 4372(e), 4376, and 4377 of this title apply to the order.

(k) (1) The Human Trafficking Interagency Coordinating Council is renamed as the Delaware Anti-Trafficking Action Council (Council). The Council shall administer and implement this subsection, and perform such other responsibilities as may be entrusted to it by law.

(2) The Council consists of the following 25 members:

a. Three representatives of the Judicial Branch, as appointed by the Chief Justice.

b. A representative of the Department of Justice to be appointed by the Attorney General.

c. A representative of the Office of Defense Services to be appointed by the Chief Defender.

d. A representative of the law-enforcement community to be appointed by the Speaker of the Delaware House of Representatives.

e. A representative of the health-care community to be appointed by the President Pro Tempore of the Delaware State Senate.

f. A representative of the Department of Health and Social Services to be appointed by the Secretary of the Department of Health and Social Services.

g. A representative of the Department of Labor to be appointed by the Secretary of Labor.

h. A representative of the Department of Services for the Children, Youth and Their Families to be appointed by the Secretary of the Department of Services for the Children, Youth and Their Families.

i. Four members who are advocates or persons who work with victims of human trafficking to be appointed by the Governor for a 3-year term and shall be eligible for reappointment. Members shall include representation from all 3 counties of the State.

j. [Repealed.]

k. A representative of the Delaware Department of Education to be appointed by the Secretary of the Department of Education.

l. A representative of the Division of Professional Regulation to be appointed by the Director of the Division of Professional Regulation.

m. Two members of the House of Representatives to be appointed by the Speaker of the House, 1 of which must be a member of the minority caucus.

n. Two members of the Senate to be appointed by the President Pro Tempore of the Senate, 1 of which must be a member of the minority caucus.

o. A representative of the Department of Transportation to be appointed by the Secretary of the Department of Transportation.

p. A representative from the Criminal Justice Council to be appointed by the Executive Director of the Criminal Justice Council.

q. A person who has been a victim of human trafficking to be appointed by the Governor for a 3-year term and shall be eligible for reappointment.

r. A resident of any county who has prior experience in working with victims of human trafficking in a legal or advocacy capacity to be appointed by the Chair of the Council with approval of a quorum of all members of the Council.

s. A retired judicial officer with knowledge of human trafficking to be appointed by the Speaker of the Delaware House of Representatives.

(3) The Council shall do all of the following:

a. Develop a comprehensive plan to provide victims of human trafficking with services.

b. Effectuate coordination between agencies, departments, and the courts with victims of human trafficking.

c. Collect and evaluate data on human trafficking in this State.

d. Promote public awareness about human trafficking, victim remedies and services, and trafficking prevention.

e. Create a public-awareness sign that contains centralized human trafficking hotline information.

f. Coordinate training on human trafficking prevention and victim services for individuals who may have recurring contact with victims or perpetrators, including government employees, health-care workers, business owners, potential victims of human trafficking, and private sector employees.

g. Pursue funding opportunities, including federal grants, through the Criminal Justice Council.

h. Conduct other appropriate activities.

i. Receive quarterly updates and annual reports from the Child Protection Accountability Commission on the Commission’s efforts regarding suspected human trafficking of a child.

(4) Meetings; quorum; officers; committees; procedure. —

a. The Council shall meet at least 4 times per year. Ten members constitute a quorum. Except as set forth under paragraph (k)(5) of this section, the Council may take action upon the affirmative vote of a majority of Council members present at a meeting.

b. A Chair and Vice Chair must be elected annually from among the members of the Council.

c. The Chair shall convene and preside over meetings of the Council and prepare an agenda for meetings.

d. The Vice Chair shall act as Chair in the absence of the Chair.

e. The Council shall establish committees composed of Council members and other knowledgeable individuals, as it deems advisable, to assist in planning, policy, goal and priority recommendations, and developing implementation plans to carry out the statutory duties of the Council.

f. 1. The Council shall submit an annual written report of its activities and recommendations to the Governor, General Assembly, the Chief Justice of the Supreme Court, and the Executive Director of the Criminal Justice Council on or before September 15.

2. For purposes of submitting the report to the General Assembly, the Council shall submit the report to the Secretary of the Senate, Chief Clerk of the House, the Chair of the Joint Finance Committee, and the Vice Chair of the Joint Finance Committee, who shall distribute the report to the General Assembly and the Joint Finance Committee.

3. The Council shall include in the annual report an explanation of the spending of any state, federal, or other funds received. For purposes of this paragraph (k)(4)f.3., “state funds” means any state money allocated to the Council other than funding for staff positions.

4. [Repealed.]

g. The Council may hold a virtual meeting in compliance with § 10006A of Title 29, except that the Council is permitted to have a staff member present at an anchor location in lieu of or in addition to having a member of the council present.

(5) a. The Council shall employ an Executive Director to be appointed by the Chair with approval of a majority of the full membership of the Council. The Executive Director will serve at the pleasure of a majority of the full membership of the Council. A vacant position is not counted for purposes of calculating full membership of the Council under this paragraph (k)(5).

b. The Executive Director of the Council shall support the Council in carrying out its duties under this subsection.

c. Within the limits of any appropriation made by the General Assembly or available funding from another funding source, the Executive Director of the Council shall employ staff and contract for services as necessary to carry out the functions of the Council.

d. The Executive Director of the Council shall report to the Council. For matters involving anything that may affect the Criminal Justice Council’s budget, the Executive Director of the Council shall also report to the Executive Director of the Criminal Justice Council. The Executive Director of the Criminal Justice Council has final approval over matters involving anything that may affect the Criminal Justice Council’s budget.

(l) Display of public awareness sign; civil penalty for failure to display. —

(1) a. Display of a public awareness sign in State of Delaware facilities. —

The Department of Transportation shall display a public awareness sign in every State-of-Delaware-operated transportation station, rest area, and welcome center which is open to the public.

b. The Department of Health and Social Services shall display a public awareness sign in every State of Delaware service center and wellness center that is operated by the Department of Health and Social Services.

c. The Department of Services for Children, Youth and Their Families shall display a public awareness sign in every residential child care facility that is operated by the Department of Services for Children, Youth and Their Families.

(2) a. A public awareness sign must be displayed in an establishment within a category designated by the Delaware Anti-Trafficking Action Council (Council) and within all of the following categories:

1. Adult entertainment establishment.

2. Entity found to be maintaining a criminal nuisance involving prostitution under § 7104 of Title 10.

3. Job recruitment center.

4. Hospital.

5. [Repealed.]

6. Wellness center other than those covered in paragraph (l)(1)b. of this section.

7. Shelter or residential service designed to serve victims of domestic violence or sexual assault, or individuals experiencing homelessness or food insecurity.

8. Residential child care facility other than those covered in paragraph (l)(1)c. of this section.

9. Independent and transitional living service provider for youth aging out of foster care.

10. Hotel.

11. Convenience store along a major highway.

12. Gas station along a major highway.

13. Casino.

14. Restaurant with a liquor license.

15. Poultry processing plant.

16. Bus or train station other than those covered in paragraph (l)(1)a. of this section.

17. Bar.

18. Massage establishment.

19. Shopping mall.

b. 1. The Council may promulgate regulations to designate a category of establishments that must display a public awareness sign in addition to those categories identified in paragraph (l)(2)a. of this section.

2. The Council may promulgate regulations to designate a specific location on the premises for a category of establishments where a public awareness sign must be displayed. If the Council designates a specific location, the Council shall include the specific location requirement within the list under paragraph (l)(2)d. of this section.

c. The Council may promulgate regulations to change the requirements as to what constitutes a public awareness sign so long as the regulations are consistent with paragraph (k)(3)e. of this section and subsection (a) of this section. If the Council promulgates regulations under this paragraph (l)(2)c., the Executive Director of the Council, or their designee, shall inform the Director of the Department’s Division of Industrial Affairs, Office of Labor Law Enforcement of the changes.

d. The Council shall publish a list of categories of establishments that must display a public awareness sign on an annual basis for notification and outreach purposes. The publication must occur in all of the following:

1. A newspaper with statewide circulation.

2. The Register of Regulations.

3. Department website.

e. 1. Except as otherwise provided in paragraphs (l)(2)e.2. through (l)(2)e.8. of this section, an establishment shall display a public awareness sign in a place that is clearly conspicuous and visible to employees and the public. To comply with the requirement that a public awareness sign be clearly conspicuous and visible to employees and the public, an establishment may need to display a public awareness sign at more than 1 location on its premises.

2. An establishment with a location on its premises designated by the Council through promulgation of regulations under paragraph (l)(2)b.2. of this section shall comply with the specific location requirement. If the establishment does not have that specific location on its premises, then the establishment shall display the public awareness sign as described in paragraph (l)(2)e.1. of this section unless the regulations state otherwise.

3. An establishment that is a hotel may not be required to display a public awareness sign in guest bedrooms. However, a public awareness sign must be displayed in a manner that is clearly conspicuous and visible in all public restrooms, all staff breakrooms, and at least 1 of the following publicly accessible locations that is present on the premises:

A. All lobbies.

B. All elevators.

C. All stairwells.

D. All vending machine or ice machine areas.

4. An establishment that is a restaurant with a liquor license must display a public awareness sign in a manner that is clearly conspicuous and visible in all staff breakrooms, or if no staff breakrooms, where clearly conspicuous and visible to employees.

5. An establishment that is a poultry processing plant must display a public awareness sign in a manner that is clearly conspicuous and visible in all staff breakrooms, or if no staff breakrooms, where clearly conspicuous and visible to employees.

6. An establishment that is a casino must display a public awareness sign in a manner that is clearly conspicuous and visible in all public restrooms, all staff breakrooms, and all lobbies.

7. An establishment that is a massage establishment must display a public awareness sign in a manner that is clearly conspicuous and visible in all staff breakrooms, or if no staff breakrooms, where clearly conspicuous and visible to employees.

8. An establishment that is a shopping mall must display a public awareness sign in a manner that is clearly conspicuous and visible in all food courts and all public restrooms provided by the management of the shopping mall.

f. The Executive Director of the Council, or their designee, shall oversee the distribution of public awareness signs to State of Delaware facilities and establishments. The public awareness signs must be provided free of cost to all State of Delaware facilities and establishments that request them.

(3) The Department may enforce the public awareness sign requirements in paragraphs (l)(2)a. and (l)(2)e. of this section, as well as determine whether a sign not distributed by the Council satisfies the definition of “public awareness sign” under subsection (a) of this section, using the rules and procedures of the Administrative Procedures Act, Chapter 101 of Title 29.

(4) a. The Department may conduct an inspection of an establishment following receipt of a complaint alleging that the establishment is noncompliant with public awareness sign requirements. If the Department conducts an inspection and confirms that the establishment has failed to comply with 1 or more public awareness sign requirements, the Department shall provide the establishment with public awareness signs, if needed, and written notice of all the following:

1. What noncompliance has occurred, including a citation to the specific law or regulation with which the establishment has not complied.

2. The date the Department inspected and determined there was noncompliance.

3. The possible civil penalties for noncompliance.

4. A prominently displayed statement that this notice serves as a warning.

b. If, within 3 years from the postmark date or date of hand delivery of the warning notice under paragraph (l)(4)a. of this section, the Department determines the establishment is exhibiting the same, or a substantially similar, noncompliance that was identified in the warning notice under paragraph (l)(4)a. of this section, then the Department shall assess a civil penalty against the noncompliant establishment. The Department shall provide the noncompliant establishment with public awareness signs, if needed, and written notice of all the following:

1. What noncompliance has occurred, including a citation to the specific law or regulation with which the establishment has not complied.

2. The dates the Department inspected and determined there was noncompliance.

3. The postmark or hand delivery date of the warning notice under paragraph (l)(4)a. of this section.

4. Whether this is a first or subsequent violation.

5. The civil penalty assessed.

6. That the owner of the establishment may file an appeal, including instructions on how to request a hearing.

c. 1. A request for a hearing must be made in writing, addressed to the Secretary of the Department (Secretary), and made within 10 business days from the postmark date or the date of hand delivery of the notice under paragraph (l)(4)b. of this section.

2. If a hearing is not requested under paragraph (l)(4)c.1. of this section, the determination made by the Department under paragraph (l)(4)b. of this section is final.

3. The Department shall review a request for a hearing under paragraph (l)(4)c.1. of this section to determine if the dispute can be resolved at an informal settlement conference. If the Department determines a dispute cannot be resolved at an informal settlement conference or if the Department holds an informal settlement conference and a settlement is not reached, the Department shall forward the hearing request to the Secretary to schedule a hearing.

4. The Secretary shall issue a final case decision at the conclusion of a hearing held under paragraph (l)(4)c. of this section as required under Chapter 101 of Title 29.

5. An establishment owner may seek judicial review of the Secretary’s final case decision by commencing an action in Superior Court within 30 days of the date of the final decision under paragraph (l)(4)c.4. of this section.

d. The notices required under paragraphs (l)(4)a. and (l)(4)b. of this section may be hand delivered or mailed to the noncomplying establishment.

e. The notice under paragraph (l)(4)a. of this section is not a case decision for purposes of the Administrative Procedures Act, Chapter 101 of Title 29.

f. All civil penalties collected under this subsection must be paid to the State of Delaware General Fund.

g. If the Council becomes aware of potential noncompliance with the public awareness sign requirements, the Executive Director of the Council, or their designee, shall report the potential noncompliance to the Director of the Department’s Division of Industrial Affairs, Office of Labor Law Enforcement and the Department may conduct an inspection.

h. The Department has the same authority under this subsection as in § 107 of Title 19.

i. Nothing in this subsection may be interpreted to prevent the Department from initiating its own inspections into an establishment’s compliance with the public awareness sign requirements independent of a report from the Council or a complaint.

(5) The civil penalties for noncompliance with the public awareness sign requirements in paragraphs (l)(2)a. and (l)(2)e. of this section or for failure to use a sign that satisfies the definition of “public awareness sign” under subsection (a) of this section are as follows:

a. If an establishment does not correct the same, or a substantially similar, noncompliance identified in the warning notice under paragraph (l)(4)a. of this section, the establishment owner is subject to a civil penalty of not more than $500.

b. On a second or subsequent failure by an establishment to correct the same, or a substantially similar, noncompliance identified in the warning notice under paragraph (l)(4)a. of this section, the establishment owner is subject to a civil penalty of not more than $2,500.

(6) a. The Department shall submit to the General Assembly and the Council an annual written report that contains all of the following information:

1. Number of inspections conducted by the Department to check compliance with the public awareness sign requirements in paragraphs (l)(2)a. and (l)(2)e. of this section, as well as determine whether a sign not distributed by the Council satisfies the definition of “public awareness sign” under subsection (a) of this section.

2. Number of warning notices under paragraph (l)(4)a. of this section issued by the Department, disaggregated by category of establishments.

3. Number of noncompliance notices under paragraph (l)(4)b. of this section issued by the Department, disaggregated by first, second, and subsequent violations and further disaggregated by category of establishments.

4. Total amount of civil penalties collected by the Department from enforcement of this subsection.

b. For purposes of submitting the report to the General Assembly, the Department shall submit the report to the Secretary of the Senate, Chief Clerk of the House, the Director and the Librarian of the Division of Legislative Services, and the Controller General of the Office of the Controller General.

c. The Department shall submit its report by December 1 of each year, beginning December 1, 2023. If the deadline falls on a weekend or Delaware state holiday, then the report is due by the State of Delaware’s next following business day.

(m) Eligibility for services. (1) A victim of human trafficking is eligible for a benefit or service, which is available through the State and identified in the plan developed under paragraph (k)(3)a. of this section, including compensation under § 9009 of this title, regardless of immigration status.

(2) A minor engaged in commercial sexual activity is eligible for a benefit or service, which is available through the State and identified in the plan developed under paragraph (k)(3)a. of this section, regardless of immigration status.

(3) As soon as practicable after a first encounter with an individual who reasonably appears to a police officer to be a victim or a minor engaged in commercial sexual activity, the police officer shall notify the appropriate state or local agency, as identified in the plan developed under paragraph (k)(3)a. of this section, that the individual may be eligible for a benefit or service under this section.

(n) Law-enforcement agency protocol. — (1) On request from an individual who a police officer or prosecutor reasonably believes is a victim who is or has been subjected to a severe form of trafficking or criminal offense required for the individual to qualify for a nonimmigrant T or U visa under 8 U.S.C. § 1101(a)(15)(T), as amended from time to time, or 8 U.S.C. § 1101(a)(15)(U), as amended from time to time, or for continued presence, under 22 U.S.C. § 7105(c)(3), as amended from time to time, the police officer or prosecutor, as soon as practicable after receiving the request, shall request that a certifying official in that police officer’s or prosecutor’s law-enforcement agency complete, sign, and give to the individual the Form I-914B or Form I-918B provided by the United States Citizenship and Immigration Services on its Internet website, and ask a federal law-enforcement officer to request continued presence.

(2) If the law-enforcement agency having responsibility under paragraph (n)(1) of this section determines that an individual does not meet the requirements for such agency to comply with paragraph (n)(1) of this section, that agency shall inform the individual of the reason and that the individual may make another request under paragraph (n)(1) of this section and submit additional evidence satisfying the requirements.

(o) Nothing contained in this section shall preclude a separate charge, conviction and sentence for any other crime set forth in this title, or in the Delaware Code.
11 Del. C. § 1447A — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1447A
§ Â
        1447A. Possession of a firearm or projectile weapon  during commission of a felony; class B felony.
Status: repealed

(a) A person who is in possession of a firearm or projectile weapon during the commission of a felony is guilty of possession of a firearm or projectile weapon during the commission of a felony. Possession of a firearm or projectile weapon during the commission of a felony is a class B felony.

(b) A person convicted under subsection (a) of this section shall receive a minimum sentence of 3 years at Level V, notwithstanding the provisions of § 4205(b)(2) of this title.

(c) A person convicted under subsection (a) of this section, and who has been at least twice previously convicted of a felony in this State or elsewhere, shall receive a minimum sentence of 5 years at Level V, notwithstanding the provisions of §§ 4205(b)(2) and 4215 of this title.

(d), (e) [Repealed.]

(f) Every person charged under this section over the age of 16 years who, following an evidentiary hearing where the Superior Court finds proof positive or presumption great that the accused used, displayed, or discharged a firearm or projectile weapon during the commission of a Title 11 or a Title 31 violent felony as set forth in § 4201(c) of this title, shall be tried as an adult, notwithstanding any contrary provisions or statutes governing the Family Court or any other state law. The provisions of this section notwithstanding, the Attorney General may elect to proceed in Family Court.

(g) A person may be found guilty of violating this section notwithstanding that the felony for which the person is convicted and during which the person possessed the firearm or projectile weapon is a lesser included felony of the one originally charged.
11 Del. C. § 4104 — Delaware Code / Title 11 / Chapter 41 / Subchapter I / Section 4104
§ Â
        4104. Fines, fees, costs, assessments, or restitution; how collected; suspending driverâs license for nonpayment prohibited.
Status: repealed

(a) (1) When a court imposes a fine, fee, cost, assessment, or restitution on a defendant, the court may order any of the following:

a. That the defendant pay the entire amount at the time sentence is imposed.

b. That the defendant pay a specified portion of the fine, fee, cost, assessment, or restitution at designated periodic intervals.

(2) If the defendant is sentenced to a period of probation as well as to pay a fine, fee, cost, or assessment, the court may not make the payment of the fine, fee, cost, or assessment a condition of the probation.

(3) a. A court may not impose an additional fee for any of the following:

1. The payment of a fine, fee, cost, assessment, or restitution that is made at designated periodic intervals.

2. A late payment of a fine, fee, cost, assessment, or restitution.

3. Supervision by probation of the payment of a fine, fee, cost, assessment, or restitution.

b. A court may not charge interest for a payment of a fine, fee, cost, assessment, or restitution that is made late or at designated periodic intervals.

c. A court may not charge a convenience fee for a payment made at a court-designated payment kiosk or through an Internet-based court payment system.

(4) A court may not charge a penalty, assessment, or fee to a defendant for a capias issued due to the defendant’s nonpayment of a fine, fee, cost, assessment, or restitution.

(b) (1) A defendant’s ability or inability to pay a fine, fee, cost, or assessment may not influence a court’s decision whether to impose a custodial or probationary sentence.

(2) A court shall advise a defendant on the record or in writing of the financial obligations and the possible sanctions for noncompliance.

(c) (1) A court may direct a defendant sentenced to pay a fine, fee, cost, assessment, or restitution on conviction of a crime, who is employed within this State or by a Delaware resident or employer, to execute an assignment of a specified periodic sum not to exceed ¼ of the defendant’s total earnings. The assignment must direct the defendant’s employer to withhold and remit that amount to this State up to the total of the fine, fee, cost, assessment, or restitution imposed.

(2) An assignment of earnings executed under this subsection is binding on an employer in the same manner as an attachment of wages under Title 10, except that an assignment must be filed only once with the defendant’s employer. The defendant’s employer shall make the withholding and remittances until the full amount is paid. An amount of total earnings consistent with federal law may be assigned. A defendant’s employer may not take an action against an employee who has executed an assignment, and the penalty imposed on a defendant solely because of an assignment under this subsection must be in accordance with the manner set forth for attachments.

(d) For purposes of ensuring the payment of a fine, fee, cost, assessment, or restitution and the enforcement of any orders imposed under this section, the court shall retain jurisdiction over a defendant until the fine, fee, cost, assessment, or restitution is paid in full. The court may write off the fine, fee, cost, assessment, or restitution of a defendant when the court receives evidence that the defendant is deceased.

(e) The Division of Motor Vehicles of the Department of Transportation or a court may not suspend a defendant’s driver’s license as a penalty for nonpayment of a fine, fee, cost, assessment, or restitution.

(1) Except as provided under § 2732(g)(1) of Title 21, a defendant whose driver’s license was suspended before October 3, 2022, only as a penalty for nonpayment of a fine, fee, cost, assessment, or restitution is eligible for restoration of the defendant’s driving privileges.

(2) The Division of Motor Vehicles of the Department of Transportation shall develop policies and procedures to implement the restoration of driving privileges under paragraph (e)(1) of this section by April 4, 2023. The policies and procedures must address the process for restoration of driving privileges for defendants convicted of a motor vehicle offense that originated in the voluntary assessment center under § 709 of Title 21 before, on, or after October 3, 2022.

(3) A defendant who seeks to restore the defendant’s driving privileges under paragraph (e)(1) of this section is not required to pay a fee to do so.

(f)-(h) [Repealed.]
11 Del. C. § 903A — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 903A
§ Â
        903A. Reencoder and scanning devices.
Status: in_force

(a) Any person who knowingly, wilfully, and with the intent to defraud, possesses a scanning device, or who knowingly, wilfully, and with intent to defraud, uses a scanning device to access, read, obtain, memorize or store, temporarily or permanently, information encoded on the computer chip or magnetic strip or stripe of a payment card without the permission of the authorized user of the payment card is guilty of a class D felony.

(b) Any person who knowingly, wilfully, and with the intent to defraud, possesses a reencoder, or who knowingly, wilfully, and with intent to defraud, uses a reencoder to place encoded information on the computer chip or magnetic strip or stripe of a payment card or any electronic medium that allows an authorized transaction to occur, without the permission of the authorized user of the payment card from which the information is being reencoded is guilty of a class D felony.

(c) Any scanning device or reencoder described in subsection (e) of this section allegedly possessed or used in violation of subsection (a) or (b) of this section shall be seized and upon conviction shall be forfeited.

(d) Any computer, computer system, computer network, or any software or data, owned by the defendant, which is used during the commission of any public offense described in this section or any computer, owned by the defendant, which is used as a repository for the storage of software or data illegally obtained in violation of this section shall be subject to forfeiture.

(e) As used in this section, the following definitions apply:

(1) “Reencoder” means an electronic device that places encoded information from the computer chip or magnetic strip or stripe of a payment card onto the computer chip or magnetic strip or stripe of a different payment card or any electronic medium that allows an authorized transaction to occur.

(2) “Scanning device” means a scanner, reader, or any other electronic device that is used to access, read, scan, obtain, memorize, or store, temporarily or permanently, information encoded on the computer chip or magnetic strip or stripe of a payment card.

(f) Nothing in this section shall preclude prosecution under any other provision of law.
11 Del. C. § 2102 — Delaware Code / Title 11 / Chapter 21 / Section 2102
§ Â
        2102. Definitions [Effective July 1, 2026].
Status: in_force

For purposes of this chapter:

(1) “Attorney General” includes any Deputy Attorney General or any other prosecutor of the State, county or municipality.

(2) “Bail” means the pretrial release of a defendant from custody upon the terms and conditions specified by an order of the court with jurisdiction. Bail may be any of the following:

a. A conditions of release bond.

b. A conditions of release bond not guaranteed by financial terms.

c. A conditions of release bond guaranteed by financial terms.

d. A conditions of release bond guaranteed by financial terms secured by cash only.

(3) “Capital crime” means any crime for which the punishment shall be death.

(4) “Conditions of release bond” means a commitment by the defendant promising appearance in court and compliance with all conditions ordered by the court and mandated by statute.

(5) “Conditions of release bond guaranteed by financial terms” means a commitment by the defendant promising appearance in court and compliance with all conditions ordered by the court and mandated by statute guaranteed by a surety, property, cash or other assets.

(6) “Conditions of release bond guaranteed by financial terms secured by cash” means a commitment by the defendant promising appearance in court and compliance with all conditions ordered by the court and mandated by statute guaranteed by cash only.

(7) “Conditions of release bond not guaranteed by financial terms” means a commitment by the defendant promising appearance in court and compliance with all conditions ordered by the court and mandated by statute, whereupon failure to appear or comply with conditions, the defendant may be liable for the amount of the bond, but the bond is not guaranteed by any surety or specific pledge of property or other assets.

(8) “Court” means any of the following, as the context requires: the Superior Court, Court of Common Pleas, Family Court, Justice of the Peace Court, and alderman’s court.

(9) “Crime” means any offense which is punishable by a fine or imprisonment.

(10) “Detention-eligible defendant” means any person charged with an offense under § 2116(b) of this title for which an order of preventive detention may be entered.

(11) “Pretrial success” means a defendant’s compliance with orders to appear in court as directed and not commit any new criminal offense between the initial arrest and adjudication of the pending criminal charges.

(12) “Record finding” is a memorandum, notation, opinion, order or other writing in the file of the case of the accused reflecting the decision made by the court.

(13) “Violent felonies” or “violent felony” shall consist of all felonies designated as violent felonies in § 4201(c) of this title.For purposes of this chapter the following definitions shall apply:

(1) “Attorney General” includes any Deputy Attorney General or any other prosecutor of the State, county or municipality.

(2) “Bail” means the pretrial release of a defendant from custody upon the terms and conditions specified by an order of the court with jurisdiction. Bail may be any of the following:

a. A conditions of release bond.

b. A conditions of release bond not guaranteed by financial terms.

c. A conditions of release bond guaranteed by financial terms.

d. A conditions of release bond guaranteed by financial terms secured by cash only.

(3) “Bailable offense” is any offense not punishable by death.

(4) “Capital crime” means any crime for which the punishment shall be death.

(5) “Conditions of release bond” means a commitment by the defendant promising appearance in court and compliance with all conditions ordered by the court and mandated by statute.

(6) “Conditions of release bond guaranteed by financial terms” means a commitment by the defendant promising appearance in court and compliance with all conditions ordered by the court and mandated by statute guaranteed by a surety, property, cash or other assets.

(7) “Conditions of release bond guaranteed by financial terms secured by cash” means a commitment by the defendant promising appearance in court and compliance with all conditions ordered by the court and mandated by statute guaranteed by cash only.

(8) “Conditions of release bond not guaranteed by financial terms” means a commitment by the defendant promising appearance in court and compliance with all conditions ordered by the court and mandated by statute, whereupon failure to appear or comply with conditions, the defendant may be liable for the amount of the bond, but the bond is not guaranteed by any surety or specific pledge of property or other assets.

(9) “Court” means Superior Court, Court of Common Pleas, Family Court, and Justice of the Peace Court.

(10) “Crime” means any offense which is punishable by a fine or imprisonment.

(11) “Pretrial success” means a defendant’s compliance with orders to appear in court as directed and not commit any new criminal offense between the initial arrest and adjudication of the pending criminal charges.

(12) “Record finding” is a memorandum, notation, opinion, order or other writing in the file of the case of the accused reflecting the decision made by the court.

(13) “Violent felonies” or “violent felony” shall consist of all felonies designated as violent felonies in § 4201(c) of this title.
11 Del. C. § 2112 — Delaware Code / Title 11 / Chapter 21 / Section 2112
§ Â
        2112. Bail after transfer to another court or after conviction [Effective July 1, 2026].
Status: in_force

Once bail has been given and a charge is pending or is thereafter filed in or transferred to a court of competent jurisdiction, the latter court may continue the original bail in that court. After conviction, the court may order that the original bail stand as bail pending imposition of sentence or appeal, modify conditions of release, or issue an order detaining any defendant convicted of any offense.Once bail has been given and a charge is pending or is thereafter filed in or transferred to a court of competent jurisdiction, the latter court may continue the original bail in that court. After conviction, the court may order that the original bail stand as bail pending appeal or deny, increase or reduce bail, or modify the conditions of release.
11 Del. C. § 1506 — Delaware Code / Title 11 / Chapter 15 / Section 1506
§ Â
        1506. Forfeiture proceedings.
Status: in_force

(a) The Attorney General is authorized to institute and conduct any proceedings under this chapter for the forfeiture of real or personal property to the State. All property of every kind used or intended for use in the course of, derived from, or realized through a pattern of racketeering conduct is subject to forfeiture to the State. Forfeiture shall be by means of a procedure which may be known and referred to as a “R.I.C.O. forfeiture proceeding.”

(b) A R.I.C.O. forfeiture proceeding under this chapter may be commenced before or after seizure of the property. If the complaint is filed before seizure, it shall state what property is sought to be forfeited; that the property is within the jurisdiction of the Court; the grounds for forfeiture; and the name of each person known to have or claim an interest in the property.

(c) To the extent that property which has been forfeited under this chapter cannot be located; has been transferred, sold or deposited with third parties; or has been placed beyond the jurisdiction of the State, the Attorney General may institute and conduct any proceedings to retrieve such property as are necessary and appropriate, including forfeiture of any other property of the defendant up to the value of the property that is unreachable.

(d) No person convicted under this chapter nor any person acting in concert with or on behalf of the person shall be eligible to purchase forfeited property from the State. The interests of an innocent party in the property shall not be subject to forfeiture.

(e) The Court may, upon such terms and conditions as it deems appropriate, order that the property be sold by an innocent party who holds a lien on, or security interest in, the property at any time during the proceedings. Any proceeds from such sale, over and upon the amount necessary to satisfy the lien or security interest, shall be paid into the court pending final judgment in the forfeiture proceeding. No such sale shall be ordered, however, unless the obligation upon which the lien or security interest is based is in default.

(f) The proceeds of any sale or other disposition of forfeited property imposed under this chapter, whether by final judgment, settlement or otherwise, shall be applied in the following order:

(1) To the fees and costs of the forfeiture and sale, including expenses of seizure, maintenance and custody of the property pending its disposition, advertising and court costs;

(2) If any funds remain, then to all costs and expenses of investigation and prosecution, including costs of resources and personnel incurred in investigation and prosecution;

(3) If any funds remain, then the remainder or $1,000, whichever is less, to the Crime Victim Compensation Fund;

(4) If any funds remain, to the Special Law Enforcement Assistance Fund, or its successor; or if no such fund is in existence, to the fund which is dedicated entirely to law enforcement.
11 Del. C. § 1207 — Delaware Code / Title 11 / Chapter 5 / Subchapter VI / Section 1207
§ Â
        1207. Improper influence; class A misdemeanor.
Status: in_force

A person is guilty of improper influence when:

(1) The person threatens unlawful harm to any person with intent to influence the latter’s decision, opinion, recommendation, vote or other exercise of discretion as a public servant, party officer or voter; or

(2) The person threatens unlawful harm to any public servant or party officer with intent to influence that public servant or party officer to violate that public servant’s or party officer’s duty as a public servant or party officer.

Improper influence is a class A misdemeanor.
11 Del. C. § 4204 — Delaware Code / Title 11 / Chapter 42 / Section 4204
§ Â
        4204. Authorized disposition of convicted offenders.
Status: repealed

(a) Every person convicted of an offense shall be sentenced in accordance with this Criminal Code, with the exception of an environmental misdemeanor as defined in § 1304 of Title 7. This section applies to all judgments of conviction, whether entered after a trial or upon a plea of guilty or nolo contendere.

(b) A person convicted of a class A felony may be sentenced to life imprisonment in accordance with § 4205 of this title, unless the conviction is for first-degree murder, in which event § 4209 of this title shall apply. Notwithstanding any other statute, a sentence under § 4209 of this title may not be suspended or reduced by the court.

(c) When a person is convicted of any offense other than a class A felony the court may take the following action:

(1) Impose a sentence involving an Accountability Level I sanction. — Such sanctions include imposition of a fine as provided by law for the offense or placement of the offender upon unsupervised probation with or without special conditions, or with or without the imposition of a fine as provided by law for the offense;

(2) Impose a sentence involving an Accountability Level II sanction. — Such a sanction includes a placement of the offender upon supervised probation amounting to field supervision rather than intensive supervision, with or without special conditions, or with or without the imposition of a fine as provided by law for the offense;

(3) Impose a sentence involving an Accountability Level III sanction. — Such sanctions include placement of the offender upon intensive supervision or placement of the offender upon community service, with or without special conditions, or with or without the imposition of a fine as provided by law for the offense. Such intensive supervision shall entail at least the equivalent of 1 hour of supervision per day and no more than 56 hours of supervision per week;

(4) Impose a sentence involving an Accountability Level IV sanction. — Such sanctions include placement of the offender upon partial confinement under house arrest under the supervision of the Department of Correction or commitment of the offender to the Department of Correction under partial confinement to a half-way house or restitution center or placement of the offender in a residential treatment facility, all with or without special conditions, and all with or without the imposition of a fine as provided by law for the offense;

(5) Impose a sentence involving an Accountability Level V sanction. — Such a sentence consists of the commitment of the offender to the Department of Correction for a period of incarceration, with or without the imposition of a fine provided by law for the offense;

(6) Impose a period of incarceration, with or without the imposition of a fine provided by law for the offense, and placement of the offender in a less restrictive sanction, with or without special conditions, to commence when the offender is released from incarceration;

(7) Suspend the imposition or execution of sentence, or suspend a portion thereof;

(8) Impose any sentence as authorized in this subsection to include any special condition such as the payment of restitution to the victim or victims of the crime for which the offender is being sentenced and/or participation in a drug/alcohol outpatient treatment program, job training program, mental health treatment program, education program, community service program or other like programs. With regard to any such programs, the offender may be ordered to pay a fee covering, in whole or in part, the costs of such program and such fees shall be based upon the offender’s ability to pay therefor;

(9) Wherever a victim of crime suffers a monetary loss as a result of the defendant’s criminal conduct, the sentencing court shall impose as a special condition of the sentence that the defendant make payment of restitution to the victim in such amount as to make the victim whole, insofar as possible, for the loss sustained. Notwithstanding any law, rule or regulation to the contrary, for the purposes of ensuring the payment of restitution the court shall retain jurisdiction over the offender until the amount of restitution ordered has been paid in full;

(10) Whenever restitution is ordered pursuant to paragraph (c)(9) of this section or any other applicable statute or rule, and if deemed appropriate to ensure or facilitate the collection of restitution from the defendant or if otherwise required by statute, the court may impose a sentence involving an Accountability Level I—Restitution Only sanction. Such a sanction shall be limited to the placement of the offender upon unsupervised probation, and the conditions of such probation shall be limited to those that are necessary to ensure or facilitate the collection of restitution. No offender shall be found to be in violation of the conditions of such a sanction unless the offender is found to be in violation of an applicable restitution order.

(d) Notwithstanding anything in this Criminal Code to the contrary, probation or a suspended sentence shall not be substituted for imprisonment where the statute specifically indicates that a prison sentence is a mandatory sentence, a minimum sentence, a minimum mandatory sentence or a mandatory minimum sentence, or may not otherwise be suspended.

(e) The court may authorize the payment of a fine in installments. When imposing probation the court shall direct that the offender be subject to the supervision of the Department of Correction and the court order shall specify those conditions under which the offender may remain at liberty on probation.

(f) In committing an offender to the Department of Correction the court shall fix the maximum term of incarceration.

(g) Where modification of judgment is not provided by rule of court, the court may modify a judgment within 90 days after it is ordered. Dispositions other than commitment to the Department of Correction, and such commitments which are revoked, shall not entail the loss by the offender of any civil rights, except as provided in the state Constitution.

(h) The court may direct that a person placed on probation be released on entering into a recognizance, with or without surety, during such period as the court directs, to appear and receive sentence when called upon, and, in the meantime, to keep the peace and be of good behavior.

(i) The court may, if it thinks proper, direct that the offender pay the costs of the prosecution or some portion thereof, and may further impose terms and conditions to be complied with by the offender during any period which it deems proper.

(j) At any time within the period mentioned in the recognizance, but not afterwards, the court may, upon being satisfied by information on oath that the offender has failed to observe any of the conditions of recognizance, or any of the terms or conditions of probation, issue an order for the offender’s apprehension and thereupon, after proper hearing, impose sentence upon the offender.

(k) (1) Except as provided in this subsection, notwithstanding any statute, rule, regulation or guideline to the contrary, the court may direct as a condition to a sentence of imprisonment to be served at Level V or otherwise that all or a specified portion of said sentence shall be served without benefit of any form of early release, good time, furlough, work release, supervised custody or any other form of reduction or diminution of sentence.

(2) For the purposes of this subsection, statutes which authorize early release, good time, furlough, work release, supervised custody, or reduction or diminution of sentence include §§ 4205(h) and (i), 4206(g) and (h), 4381, 6533, 6533A [repealed] and 6537-6539 of this title, but do not include § 4217 of this title.

(3) The provisions of this subsection shall be applicable only to sentences of imprisonment at Level V for 1 year or less, or to sentences of imprisonment at Level V which are equal to the statutory maximum Level V sentence available for the crime or offense.

(l) Except when the court imposes a life sentence or sentence of death, whenever a court imposes a period of incarceration at Level V custody for 1 or more offenses that totals 1 year or more, then that court must include as part of its sentence a period of custodial supervision at either Level IV, III or II for a period of not less than 6 months to facilitate the transition of the individual back into society. The 6-month transition period required by this subsection may, at the discretion of the court, be in addition to the maximum sentence of imprisonment established by the statute.

(m) As a condition of any sentence, and regardless of whether such sentence includes a period of probation or suspension of sentence, the court may order the offender to engage in a specified act or acts, or to refrain from engaging in a specified act or acts, as deemed necessary by the court to ensure the public peace, the safety of the victim or the public, the rehabilitation of the offender, the satisfaction of the offender’s restitution obligation to the victim or the offender’s financial obligations to the State, or for any other purpose consistent with the interests of justice. The duration of any order entered pursuant to this subsection shall not exceed the maximum term of commitment provided by law for the offense or 1 year, whichever is greater; provided that in all cases where no commitment is provided by law the duration of such order shall not exceed 1 year. A violation of any order issued pursuant to this subsection shall be prosecuted pursuant to § 1271 of this title. Any such prosecution pursuant to § 1271 of this title shall not preclude prosecution under any other provision of this Code.

(n) Whenever a court imposes a sentence inconsistent with the presumptive sentences adopted by the Sentencing Accountability Commission, such court shall set forth on the record its reasons for imposing such penalty.
11 Del. C. § 8397 — Delaware Code / Title 11 / Chapter 83 / Subchapter III / Section 8397
§ Â
        8397. Other post-employment benefits appropriations.
Status: in_force

Funds appropriated to implement this section shall be deposited into the OPEB Fund as established by § 5281 of Title 29.
11 Del. C. § 6538 — Delaware Code / Title 11 / Chapter 65 / Subchapter VII / Section 6538
§ Â
        6538. Furloughs.
Status: in_force

(a) The Department shall promulgate strict rules and regulations subject to the approval of the Institutional Release Classification Board under which inmates, as part of a program looking to their release from the custody of the Department, or their treatment, may be granted temporary furloughs from the institution to visit their families or to be interviewed by prospective employers.

(b) In the case of death, furloughs shall only be granted to an inmate for an immediate family which would include said inmate’s mother, father, son, daughter, brother, sister, husband or wife. An inmate shall only be granted a furlough to attend a private viewing or wake with the inmate’s immediate family. The Institutional Release Classification Board, or the warden in charge of the institution, in cases of emergency, shall set the conditions of an inmate’s furlough, including the determination of whether the inmate should be handcuffed to the officer and when such action should take place.

(c) Inmates taking part in choral presentations and other legitimate programs shall be escorted by custodial officers whenever leaving the institution. Transportation and custodial costs shall be borne by the individuals or groups requesting the inmates’ appearance and shall not be at the State’s expense.

(d) The Department may permit inmates to participate in Community Service Projects by granting special furloughs for the period of such projects, not to exceed 14 days. Such furloughs shall not be considered personal furloughs under the Department rules and regulations. The time spent participating in a Community Service Project may be counted towards a restitution or community service component of a sentence. During a Community Service Project, the inmate need not be under the continual escort and supervision of custodial officers. All associated transportation and custodial costs shall be the responsibility of the organization which sponsors the Community Service Project.

(e) Notwithstanding any provision of this section or title to the contrary, no person serving a sentence imposed for a class A felony shall be permitted to participate in any furlough or furlough program under this section.
11 Del. C. § 2702 — Delaware Code / Title 11 / Chapter 27 / Subchapter I / Section 2702
§ Â
        2702. Jurisdiction of the Justice of the Peace Court of offenses contained in Chapter 5 of this title.
Status: repealed

(a) The Justice of the Peace Court shall have original jurisdiction to hear, try and finally determine all misdemeanors created in Chapter 5 of this title, and any attempt, conspiracy or solicitation to commit such misdemeanors unless such jurisdiction is excluded by subsection (b) of this section or is otherwise excluded by law.

(b) The Justice of the Peace Court shall not have jurisdiction over the following misdemeanors created in Chapter 5 of this title:

(1) Section 601(a)(2) of this title (offensive touching with bodily fluid).

(2) Section 614 of this title (assault on a sports official);

(3) Section 625 of this title (unlawfully administering drugs);

(4) Section 627 of this title (prohibited acts as to substances releasing vapors or fumes);

(5) Section 628A of this title (vehicular assault in the second degree);

(6) Section 652 of this title (self-abortion) [repealed];

(7) Section 653 of this title (issuing abortional articles) [repealed];

(8) Section 763 of this title (sexual harassment);

(9) Section 764 of this title (indecent exposure 2nd degree);

(10) Section 765 of this title (indecent exposure 1st degree);

(11) Section 766 of this title (incest);

(12) Section 767 of this title (unlawful sexual contact 3rd degree);

(13) Section 785 of this Title (interference with custody);

(14) Section 805 of this title (cross or religious symbol burning) [repealed];

(15) Section 850 of this title (use, possession, manufacture, distribution and sale of unlawful telecommunication and access devices);

(16) Section 871 of this title (falsifying business records);

(17) Section 873 of this title (tampering with public records);

(18) Section 877 of this title (offering a false instrument for filing);

(19) Section 881 of this title (bribery);

(20) Section 882 of this title (bribe receiving);

(21) Section 892 of this title (fraud in insolvency);

(22) Section 906 of this title (deceptive business practices);

(23) Section 910 of this title (debt adjusting);

(24) Section 916 of this title (home improvement fraud);

(25) Section 917 of this title (new home construction fraud);

(26) Section 918 of this title (ticket scalping)

(27) Section 921 of this title (sale of transferred recorded sounds);

(28) Section 932 of this title (unauthorized access to computer system);

(29) Section 933 of this title (theft of computer services);

(30) Section 934 of this title (interruption of computer services);

(31) Section 935 of this title (misuse of computer system information);

(32) Section 936 of this title (destruction of computer equipment);

(33) Section 937 of this title (unrequested or unauthorized electronic mail);

(34) Section 938 of this title (failure to promptly cease electronic communication upon request);

(35) Section 1101 of this title (abandonment of a child);

(36) Section 1103 of this title (child abuse in the fourth degree);

(37) Section 1102 of this title (endangering the welfare of a child).

(38) Section 1105 of this title (crime against a vulnerable adult);

(39) Section 1106 of this title (unlawfully dealing with a child);

(40) Section 1113 of this title (criminal nonsupport);

(41) Section 1114 of this title (body-piercing; tattooing or branding);

(42) Section 1205 of this title (giving unlawful gratuities);

(43) Section 1206 of this title (receiving unlawful gratuities);

(44) Section 1207 of this title (improper influence);

(45) Section 1211 of this title (official misconduct);

(46) Section 1212 of this title (profiteering);

(47) Section 1246 of this title (compounding a crime);

(48) Section 1249 of this title (abetting the violation of driver’s license restrictions);

(49) Section 1250 of this title (offenses against law-enforcement animals);

(50) Section 1256 of this title (promoting prison contraband);

(51) Section 1260 of this title (misuse of prisoner mail);

(52) Section 1266 of this title (tampering with a juror);

(53) Section 1267 of this title (misconduct by a juror);

(54) Section 1271A of this title (criminal contempt of a domestic violence protective order);

(55) Section 1273 of this title (unlawful grand jury disclosure);

(56) Section 1304 of this title (hate crimes);

(57) Section 1327 of this title (maintaining a dangerous animal);

(58) Section 1332 of this title (abusing a corpse);

(59) Section 1333 of this title (trading in human remains and associated funerary objects);

(60) Section 1335 of this title (violation of privacy);

(61) Section 1365 of this title (obscene literature harmful to minors);

(62) Section 1366 of this title (outdoor motion picture theatres);

(63) Section 1411 of this title (unlawfully disseminating gambling information);

(64) Section 1428 of this title (maintaining an obstruction of gambling location);

(65) Section 1448A of this title (offenses related to criminal history record checks for sale of firearms);

(66) Section 1456 of this title (unsafe storage of a firearm);

(67) Section 1457 of this title (possession of a weapon in a safe school zone).
11 Del. C. § 8846 — Delaware Code / Title 11 / Chapter 88 / Section 8846
§ Â
        8846. Burial benefits.
Status: in_force

(a) After July 1, 2016, upon the death of a member under this chapter, a benefit will be paid in the same manner as benefits provided under § 5546 of Title 29.

(b) The benefit granted under this section shall not be construed as a contractual obligation of the State or of the Fund and may be revised or terminated by an act of the General Assembly.