reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 71. CRIMINAL NUISANCE ABATEMENT › § 7104. Maintaining a criminal nuisance.

§ 7104. Maintaining a criminal nuisance.
Any person, including but not limited to any owner, agent, employee or lessee, who uses occupies, establishes, promotes, permits, facilitates, or conducts a criminal nuisance, or aids or abets therein, shall be liable for maintaining a criminal nuisance and shall be enjoined as provided in this chapter.
30 Del. Laws, c. 234, §  2;  Code 1935, §  5273;  10 Del. C. 1953, §  7102;  72 Del. Laws, c. 484, §  1;  76 Del. Laws, c. 158, §  8;  78 Del. Laws, c. 161, §  9;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 71. CRIMINAL NUISANCE ABATEMENT › § 7105. Action to abate criminal nuisance.

§ 7105. Action to abate criminal nuisance.
(a) Whenever a criminal nuisance exists and it adversely impacts the community, the Attorney General may bring an action to abate a criminal nuisance under this title to obtain temporary and permanent abatement relief under §§ 7111 and 7113 of this title and to seek civil penalties provided under § 7126 of this title.
(b) Any other person, as defined in § 7103 of this title, may bring an action to abate a criminal nuisance under this title on behalf of the Attorney General in the name of the State, provided the person serves the State Solicitor with a copy of the complaint within 5 days of filing. The Attorney General may elect to intervene and proceed with the action after it receives a copy of the complaint. If the Attorney General reviews the complaint and determines that there is insufficient evidence to support the claim, the Attorney General may dismiss the complaint.
30 Del. Laws, c. 234, §  3;  Code 1935, §  5274;  10 Del. C. 1953, §  7103;  72 Del. Laws, c. 484, §  1;  78 Del. Laws, c. 161, §  10;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 71. CRIMINAL NUISANCE ABATEMENT › § 7106. Jurisdiction; complaint; notice of lis pendens.

§ 7106. Jurisdiction; complaint; notice of lis pendens.
(a) Any action under this chapter shall be brought in the Superior Court of the county in which the property is located.
(b) At or before the commencement of the action a verified complaint alleging the facts constituting the criminal nuisance shall be filed in the office of the prothonotary of Superior Court, together with a notice of the pendency of the action, containing the names of the parties, the object of the action, and a brief description of the property affected thereby. Such notice of lis pendens shall be immediately recorded by the prothonotary.
(c) The Court shall have in rem jurisdiction over the premises alleged to be a criminal nuisance, and the complaint initiating the civil action pursuant to this chapter shall name as a defendant the premises involved, describing it by block, lot number and street address, or by such means as are appropriate in the circumstances.
30 Del. Laws, c. 234, §  4;  Code 1935, §  5275;  10 Del. C. 1953, §  7104;  72 Del. Laws, c. 484, §  1;  78 Del. Laws, c. 161, §§  11, 12;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 71. CRIMINAL NUISANCE ABATEMENT › § 7107. Affirmative defenses.

§ 7107. Affirmative defenses.
It shall be an affirmative defense for the owner or landlord to establish, by a preponderance of the evidence, that said owner or landlord attempted to abate the alleged criminal nuisance prior to receiving notice in writing of the State's intent to bring a criminal nuisance abatement action regarding the premises. Examples of actions that are indicia of attempts to abate alleged criminal nuisances include but are not limited to:
(1) Sending or delivering a notice pursuant to § 5513 of Title 25 that the conduct of the tenant, or their guests or invitees, breaches a rule or covenant that is material to the rental agreement;
(2) Sending or delivering a termination notice pursuant to § 5513(a) or (b) of Title 25;
(3) Filing an action for summary possession of the rental unit;
(4) Seeking police intervention to have those responsible for the action prosecuted and actively assisting the police in efforts to prosecute those responsible for the actions or activities being complained of by the complainants.
72 Del. Laws, c. 484, §  1;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 158, §  9;  78 Del. Laws, c. 161, §  13;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 71. CRIMINAL NUISANCE ABATEMENT › § 7108. Notice to interested parties.

§ 7108. Notice to interested parties.
(a) A complaint initiating an action pursuant to this chapter shall be personally served and notice to all in personam defendants shall be provided in the same manner as serving complaints in civil actions. Where the in personam defendant is an owner or landlord, notice shall also be served by leaving a copy of the complaint at the landlord's address as set forth in the lease or as otherwise provided by landlord with an adult person residing therein, or with an agent or other person in the employ of the owner or landlord whose responsibility it is to accept such notice. If the owner or landlord is an artificial entity pursuant to Supreme Court Rule 57, service of the notice or process may be made by leaving a copy thereof at its office or place of business as set forth in the lease with an agent authorized by appointment or by law to receive service of process. Where the in personam defendant is a tenant, notice shall also be served by leaving a copy of the complaint at the person's rental unit or usual place of abode with an adult person residing therein. After filing an affidavit that personal service cannot be had after due diligence on 1 or more in personam defendants, within 20 days after the filing of the complaint, the plaintiff may serve a copy of the complaint by registered or certified mail or first class mail as evidenced by a certificate of mailing postage-prepaid, addressed to the owner or landlord at the owner or landlord's business address as set forth in the lease or as otherwise provided by the owner or landlord, or if the owner or landlord is an artificial entity, pursuant to Supreme Court Rule 57, at its office or place of business, or if the defendant is a tenant, to said tenant at the leased premises. The return receipt of the notice, whether signed, refused or unclaimed, sent by registered or certified mail, or the certificate of mailing if sent by first class mail, shall be held and considered to be prima facie evidence of the service of the notice or process. The plaintiff shall also cause a copy of the complaint to be affixed conspicuously to the premises alleged to be the site of a nuisance. Service shall be deemed completed 5 days after filing with the court proof of such mailing and an affidavit that a copy of the complaint has been affixed to the premises.
(b) All tenants or residents of any premises which is used in whole or in part as a business, home, residence or dwelling, other than transient guests of a guest house, hotel, or motel, who may be affected by any order issued pursuant to this chapter shall be provided such reasonable notice as shall be ordered by the court and shall be afforded opportunity to be heard at all hearings.
72 Del. Laws, c. 484, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 71. CRIMINAL NUISANCE ABATEMENT › § 7110. Delay and dismissal of actions.

§ 7110. Delay and dismissal of actions.
(a) All actions brought pursuant to this chapter shall be heard by the Court on an expedited and priority basis. The Court shall not grant a continuance except for compelling and extraordinary reasons, or upon the application of the Attorney General for good cause shown.
(b) The Court shall not stay the civil proceedings pending the disposition of any related criminal proceeding except for compelling and extraordinary reasons or except upon the application of the Attorney General for good cause shown.
(c) The Court shall not dismiss an action brought pursuant to this chapter for want of prosecution unless the Court is clearly convinced that the interests of justice require such dismissal. In that event and upon such a finding, the dismissal shall be without prejudice to the right of the plaintiff to re-institute the action.
72 Del. Laws, c. 484, §  1;  78 Del. Laws, c. 161, §  15;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 71. CRIMINAL NUISANCE ABATEMENT › § 7112. Enforcing ex parte and temporary abatement orders.

§ 7112. Enforcing ex parte and temporary abatement orders.
(a) Upon order of the Court, ex parte closing orders and temporary abatement orders shall be enforced by the appropriate police agency having jurisdiction over the area where the premises are located.
(b) The officers serving an ex parte closing order or a temporary abatement order shall file with the Court an inventory of the personal property situated in or on the premises closed and shall be allowed to enter the premises to make the inventory. The inventory shall provide an accurate representation of the personal property subject to such inventory including, but not limited to, photographing of furniture, fixtures and other personal or movable property.
(c) The officers serving an ex parte closing order shall, upon service of the order, demand all persons present in the premises closed, to vacate such premises or portion thereof forthwith unless the Court orders otherwise. The premises or portion thereof shall be securely locked and all keys shall be held by the agency closing the premises.
(d) Upon service of an ex parte closing order or a temporary abatement order, the officer shall post a copy thereof in a conspicuous place or upon 1 or more of the principal doors at entrances of the premises. In addition, where an ex parte closing order has been granted, the officers shall affix, in a conspicuous place or upon 1 or more of the principal entrances of such premises, a printed notice that the entire premises or portion thereof have been closed by court order, which notice shall contain a legend “Closed by Court Order” in block lettering of sufficient size to be observed by anyone intending or likely to enter the premises. The printed notice shall also include the date of the order, the Court which issued the order and the name of the office or agency posting the notice. In addition, where a temporary abatement order has been granted, the officer shall affix, in the same manner, a notice similar to the notice provided for in relation to an ex parte closing order except that the notice shall state that certain activity is prohibited by court order and that removal of furniture, fixtures or other personal or movable property is prohibited by court order.
(e) Any person who knowingly or purposely violates any ex parte closing order or temporary abatement order issued pursuant to this chapter shall be subject to civil contempt as well as punishment for criminal contempt pursuant to §§ 1271-1272 of Title 11 and § 7129 of this title.
72 Del. Laws, c. 484, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 71. CRIMINAL NUISANCE ABATEMENT › § 7114. Duty of Attorney General; proceeds of sale in all criminal nuisance actions.

§ 7114. Duty of Attorney General; proceeds of sale in all criminal nuisance actions.
(a) In case the existence of facts, circumstances and/or conditions that would constitute any criminal nuisance is established in a criminal proceeding in any court of competent jurisdiction, the Attorney General shall proceed promptly to enforce the provisions and penalties of this chapter, and the finding of the defendant guilty in such criminal proceedings, unless reversed or set aside, shall be conclusive as against such defendant as to the existence of the criminal nuisance.
(b) All moneys collected under this chapter, including but not limited to proceeds of the sale of personal property, as provided in § 7113 of this title, shall first be applied in payment of the costs of the action and abatement and then in payment of reasonable attorney fees. In the event the action is brought by the Attorney General, all moneys collected in excess of costs and reasonable attorney fees shall be paid to the Special Law Enforcement Assistance Fund, as established in §§ 4110-4116 of Title 11. In actions brought under this chapter by a county or municipality, all moneys collected in excess of costs and reasonable counsel fees shall be paid to said county or municipality. In all actions brought under this chapter by a person or persons other than noted above, all moneys collected in excess of costs, reasonable attorney fees and damage awards shall be paid to the Special Law Enforcement Assistance Fund.
30 Del. Laws, c. 234, §  7;  Code 1935, §  5278;  10 Del. C. 1953, §  7108;  72 Del. Laws, c. 484, §  1;  78 Del. Laws, c. 161, §  18;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 71. CRIMINAL NUISANCE ABATEMENT › § 7115. Lease void if building used for criminal nuisance.

§ 7115. Lease void if building used for criminal nuisance.
Notwithstanding any law, rule or regulation to the contrary, if a tenant or occupant of a building or tenement, under a lawful title, is found after a hearing at which the tenant or occupant has appeared to have used such place for a criminal nuisance-related purpose, such use makes void the lease or other title under which the tenant or occupant holds, at the option of the owner, and, without any act of the owner, causes the right of possession to revert to vest in such owner.
59 Del. Laws, c. 257, §  1;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 484, §  1;  78 Del. Laws, c. 161, §§  19, 20;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 71. CRIMINAL NUISANCE ABATEMENT › § 7118. Notification and provision of treatment resources.

§ 7118. Notification and provision of treatment resources.
(a) The officers serving a closing order involving a criminal nuisance as defined in § 7103(5)(a) of this title shall provide outreach information and referral materials to all residents present on how to obtain alcohol and other drug treatment.
(b) In any case in which the Court orders the removal of any person from any dwelling pursuant to this chapter, the Court shall cause notice to be provided to the local alcohol and drug agency, the Division of Family Services, and other appropriate social services agencies.
(c) A 1-page summary of such information and materials shall be posted next to any ex parte closing order or temporary abatement order posted in accordance with § 7112 of this title.
(d) The State Division of Substance Abuse and Mental Health or its designee shall prepare all materials described in subsections (a) and (b) of this section, and shall disseminate them to all which are empowered to enforce closing orders under this chapter.
72 Del. Laws, c. 484, §  1;  73 Del. Laws, c. 41, §  1;  78 Del. Laws, c. 161, §  23;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 71. CRIMINAL NUISANCE ABATEMENT › § 7119. Premises involving multiple residences or businesses.

§ 7119. Premises involving multiple residences or businesses.
(a) Where the premises constituting the criminal nuisance includes multiple residences, dwellings or business establishments, a temporary or permanent closing order issued pursuant to any provision of this chapter shall, so far as is practicable, be limited to that portion of the entire premises necessary to abate the criminal nuisance and prevent its recurrence.
(b) In addition to any other relief expressly authorized by this chapter, the Court may order a defendant who actually knew or, based on information provided to said defendant, had reason to know of, the criminal nuisance, to provide relocation assistance to any tenant ordered to vacate a premises pursuant to this chapter, provided that the Court determines that such tenant was not involved in the criminal nuisance or any criminal nuisance constituting the criminal nuisance and did not knowingly aid in the commission of any such criminal nuisance. Relocation assistance shall be in the amount necessary to cover moving costs, security deposits for utilities and comparable housing, any lost rent, and any other reasonable expenses the Court may deem fair and reasonable as a result of the Court's order to close a premises or any portion thereof pursuant to this chapter.
72 Del. Laws, c. 484, §  1;  78 Del. Laws, c. 161, §§  24-26;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 71. CRIMINAL NUISANCE ABATEMENT › § 7121. Presumption against closure; vacating closure after abatement of nuisance and proof nuisance is not likely to occur.

§ 7121. Presumption against closure; vacating closure after abatement of nuisance and proof nuisance is not likely to occur.
(a) Where the Court after trial determines that a premises or appropriate portion or portions thereof pursuant to § 7111 of this title constitutes a nuisance, the Court shall order the closure of the premises. No such closure shall be granted unless, in the totality of the circumstances, no less onerous penalty is likely to provide for the abatement of the nuisance. Further, no order of closure shall occur if the Court is clearly convinced that any vacancy resulting from the closure would exacerbate rather than abate the nuisance or would otherwise be extraordinarily harmful to the community or the public interest. In determining whether closure is the least onerous penalty, the Court shall consider:
(1) Whether any previously agreed upon abatement plan, consent order, or other steps taken by a defendant have abated the nuisance;
(2) The duration that any nuisance has existed on the premises and whether any court has previously found the existence of a nuisance on the premises;
(3) The severity of the nuisance;
(4) Whether the defendant has the ability to control the conduct on the premises or the ability to abate the nuisance;
(5) The impact of the continuation of the nuisance upon any neighborhood or community organization; and
(6) The position of any community or civic association which represents the communities in which the premises are located.
(b) The Court at any time after trial may vacate the provisions of the judgment that direct the closing of the premises or any portion thereof provided that the defendant submits clear and convincing proof to the Court that the nuisance has been satisfactorily abated and is not likely to recur. In determining whether the nuisance has been satisfactorily abated and is not likely to recur, the Court shall consider the nature, severity and duration of the nuisance and all other relevant factors, including but not limited to those factors set forth in § 7113 of this title.
72 Del. Laws, c. 484, §  1;  76 Del. Laws, c. 158, §  17;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 71. CRIMINAL NUISANCE ABATEMENT › § 7122. Standard of proof.

§ 7122. Standard of proof.
Except as may otherwise be expressly provided, the civil causes of action established in this chapter shall be proved by a preponderance of the evidence.
72 Del. Laws, c. 484, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 71. CRIMINAL NUISANCE ABATEMENT › § 7124. Relationship to criminal proceedings.

§ 7124. Relationship to criminal proceedings.
A civil action may be brought and maintained pursuant to this chapter, and the Court may find the existence of a criminal nuisance, notwithstanding that an event or events used to establish the existence of the criminal nuisance have not resulted in an arrest, prosecution, conviction or adjudication of delinquency.
72 Del. Laws, c. 484, §  1;  78 Del. Laws, c. 161, §  33;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 71. CRIMINAL NUISANCE ABATEMENT › § 7125. Release of premises upon inspection or repair.

§ 7125. Release of premises upon inspection or repair.
(a) Unless the Court expressly orders otherwise, no premises or portion thereof ordered to be closed pursuant to any provision of this chapter shall be released or opened unless it has been inspected by the appropriate license and inspection authority or agency and found to be in compliance with applicable local or state housing, building, fire, zoning, health and safety codes, ordinances, rules, regulations or statutes. Where the inspection reveals violations of any such code, ordinance, rule, regulation or statute, the Court shall issue such orders or grant such relief as may be necessary to bring the premises or portion thereof into compliance. In that event, the Court may order the premises or portion thereof to remain closed pending such necessary repairs or modification, notwithstanding that the order of closure may exceed the 1-year time limit prescribed in § 7113 of this title.
(b) The Court may authorize any person or government official to enter a premises or portion thereof closed pursuant to this chapter for the purpose of conducting an inspection or making any repairs or modifications necessary to abate the criminal nuisance or to bring the premises or portion thereof into compliance with any applicable housing, building, fire, zoning, health or safety code, ordinance, rule, regulation or statute.
72 Del. Laws, c. 484, §  1;  78 Del. Laws, c. 161, §§  34, 35;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 71. CRIMINAL NUISANCE ABATEMENT › § 7126. Penalties.

§ 7126. Penalties.
(a) Where the Court after trial finds that a premises is a criminal nuisance, the Court in addition to granting appropriate abatement relief shall impose a civil penalty against a defendant who knowingly conducted, maintained, aided, abetted or permitted the criminal nuisance. The Court shall order civil penalties in the amount of $25,000 or the Court, at its discretion, may order a civil penalty up to $1,000 for each day the criminal nuisance exists, whichever is greater, unless imposition of such penalty would constitute a miscarriage of justice under the totality of the circumstances. In such case, it may lower the penalty amount to the extent necessary to avoid such miscarriage of justice.
(b) For the purpose of imposing a civil penalty pursuant to this section, the following shall be prima facie evidence that the defendant knowingly permitted the criminal nuisance:
(1) The defendant failed to initiate an eviction action pursuant to the provisions of this chapter or a summary possession action pursuant to Chapter 57 of Title 25 or against a tenant after being notified by certified or registered mail of the facts pertaining to the tenant's alleged illegal activities constituting a criminal nuisance committed on the leased premises which would in turn cause a reasonable person to believe the allegations are likely to be true; or
(2) A closure order was vacated under § 7121 of this title within 2 years before the occurrence of the instant criminal nuisance; or
(3) The defendant furthered, conspired as to, or participated in the commission of a crime on the premises.
(c) The Court at any time shall waive, suspend or revoke any unpaid civil penalty imposed pursuant to this section where it is satisfied that:
(1) The defendant against whom the penalty has been imposed has not violated any order issued pursuant to any provision of this chapter; and
(2) The defendant has transferred title to the plaintiff, a government agency or any other neighborhood or community organization approved by the Court, provided that the recipient is a nonprofit incorporated organization or association which is exempt from taxation under 26 U.S.C. § 501(c) and which is authorized by its corporate charter or bylaws to rehabilitate, restore, maintain, manage or operate any commercial or residential premises. Unless otherwise agreed to by the recipient organization, the defendant shall personally retain all state and local tax liability and the obligation shall attach to any other real property in the county owned by the defendant.
72 Del. Laws, c. 484, §  1;  76 Del. Laws, c. 158, §§  20, 21;  78 Del. Laws, c. 161, §§  36-39;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 71. CRIMINAL NUISANCE ABATEMENT › § 7127. Settlements.

§ 7127. Settlements.
(a) Nothing in this chapter shall be construed in any way to prevent the parties to the action at any time before or after trial from negotiating and agreeing to a fair settlement of the dispute, subject to the approval of the Court. Any such settlement, once approved by the Court, shall be entered as an order of the Court. Any violation of such an order by the defendant shall be punishable as contempt as provided in this chapter.
(b) The Court, on application of a plaintiff may vacate a closing order issued pursuant to this chapter where the defendant has transferred title to the premises to the plaintiff, a government agency or any other neighborhood or community organization approved by the Court, provided that the recipient is a nonprofit incorporated organization or association which is exempt from taxation under 26 U.S.C. § 501(c) and which is authorized by its corporate charter or bylaws to rehabilitate, restore, maintain, manage or operate by commercial or residential premises. In that event, the requirements for prerelease inspection set forth in § 7125 of this title shall not apply.
72 Del. Laws, c. 484, §  1;  76 Del. Laws, c. 158, §  22;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 71. CRIMINAL NUISANCE ABATEMENT › § 7128. Recovery of costs.

§ 7128. Recovery of costs.
(a) Whenever an action for abatement relief or penalties brought pursuant to this chapter terminates in a settlement or judgment favorable to the plaintiff, the plaintiff and any other governmental entity shall be entitled to recover the actual cost of the suit, including but not limited to reasonable attorney fees and expenses and disbursements by the plaintiff or any governmental entity in investigating, bringing, maintaining and enforcing the action and any court orders issued pursuant thereto. All defendants shall be jointly and severally liable for the payment of taxed costs imposed pursuant to this section.
(b) A judgment awarding a permanent abatement pursuant to this chapter shall be a lien upon the premises declared to be a criminal nuisance unless title thereto has been transferred pursuant to §§ 7126 and 7127 of this title. In addition, a judgment against an in personam defendant imposing a civil penalty or bill of taxed costs pursuant to this chapter shall be a lien upon the real estate owned by the defendant at the time of such rendition, and also upon all real estate the defendant may subsequently acquire, for a period of 10 years from the date of the judgment, subject to renewal of the judgment pursuant to § 4711 of this title.
72 Del. Laws, c. 484, §  1;  78 Del. Laws, c. 161, §  40;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 71. CRIMINAL NUISANCE ABATEMENT › § 7129. Contempt.

§ 7129. Contempt.
(a) Any person who knowingly violated any order issued pursuant to this chapter shall be subject to civil contempt as well as punishment for criminal contempt under §§ 1271 and 1272 of Title 11. Nothing in this chapter shall be construed in any way to preclude or preempt a criminal prosecution for violation of a controlled substance offense or any other criminal offense.
(b) In case of the violation of any abatement or closing order granted under this chapter, or the commission of any contempt of court in proceedings under this chapter, the Court may summarily try and punish the offender.
(c) The proceeding shall be commenced by filing in the pending action with the prothonotary's office a motion for a rule to show cause pursuant to Superior Court Civil Rule 64.1, accompanied by an affidavit showing service on the defendant and setting forth the facts constituting the violation. The Court shall thereupon cause a subpoena to issue under which the defendant shall be required to appear and defend the allegations. The hearing shall be oral before the Court, unless otherwise ordered by the Court and either party may demand the production and oral examination of the witnesses.
(d) A party found guilty of contempt under this chapter shall be fined not less than $500 nor than $10,000, or imprisoned not less than 3 months nor more than 1 year, or both. In addition, the court may impose an order of restitution or other conditions as the Court deems appropriate.
30 Del. Laws, c. 234, §  8;  Code 1935, §  5279;  10 Del. C. 1953, §  7109;  72 Del. Laws, c. 484, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 71. CRIMINAL NUISANCE ABATEMENT › § 7130. Cumulative remedies.

§ 7130. Cumulative remedies.
The causes of action and remedies authorized by this chapter shall be cumulative with each other and shall be in addition to, not in lieu of, any other causes of action or remedies which may be available at law or equity. Further, nothing herein shall be construed as to limit the power or authority of the Court in the enforcement of this chapter. However, in every case initiated under this chapter, the Court shall impose the least onerous remedy possible.
72 Del. Laws, c. 484, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 71. CRIMINAL NUISANCE ABATEMENT › § 7131. Liability for damage to closed properties.

§ 7131. Liability for damage to closed properties.
(a) A court-ordered closing of a premises or portion thereof pursuant to this chapter shall not constitute an act of possession, ownership or control by the Court, the plaintiff or any government official or entity responsible for enforcing the court order.
(b) Any person or entity bringing, maintaining or enforcing any civil action or order issued in accordance with the provisions of this chapter shall have immunity from any civil liability that might otherwise be incurred for any theft of, or loss, damage or injury to any premises constituting the criminal nuisance, or to any fixture, furniture, personal or movable property located in or on any such premises.
72 Del. Laws, c. 484, §  1;  78 Del. Laws, c. 161, §  41;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 71. CRIMINAL NUISANCE ABATEMENT › § 7132. Civil immunity.

§ 7132. Civil immunity.
Any person or entity who, in good faith, institutes, participates in, testifies in, or encourages any person or entity to institute, participate in or testify in a civil action brought pursuant to this chapter or who in good faith provides any information relied upon by any person or entity in instituting or participating in a civil action pursuant to this chapter, including but not limited to those persons defined or otherwise identified in §§ 7103 and 7107 of this title, shall have immunity from any civil liability that might otherwise be incurred or imposed.
72 Del. Laws, c. 484, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 71. CRIMINAL NUISANCE ABATEMENT › § 7133. Civil action for damages resulting from criminal nuisance.

§ 7133. Civil action for damages resulting from criminal nuisance.
(a) Notwithstanding the provisions of § 7105 of this title, any person damaged in his or her business or property by reason of a criminal nuisance may bring a separate civil action for actual damages in the Superior Court against any person who knowingly conducted, maintained, aided, abetted or permitted criminal nuisance as defined in this chapter.
(b) In a civil action for damages pursuant to this section, the failure of an owner or landlord to initiate an eviction action against a tenant in accordance with the provisions of Chapter 57 of Title 25, if the owner or landlord has been notified by certified or registered mail of the tenant's involvement in a criminal nuisance on the leased premises, shall be prima facie evidence that the owner knowingly gave permission to engage in conduct constituting the criminal nuisance.
(c) In a civil action for damages pursuant to this section, expert testimony may be used to determine the amount of any actual damage or loss incurred by reason of the criminal nuisance as defined in this chapter.
(d) Whenever an action for damages brought pursuant to this section terminated in a settlement or judgment favorable to the plaintiff, the plaintiff shall be entitled to recover the actual cost of the suit, including but not limited to reasonable attorney fees and all expenses and disbursements by the plaintiff in investigating, bringing and maintaining the action. All defendants shall be jointly and severally liable for the payments of taxed costs imposed pursuant to this section.
(e) In any civil action for damages brought pursuant to this section, any evidence admitted or admissible in a civil action for abatement relief or penalty pursuant to this chapter shall be admissible.
72 Del. Laws, c. 484, §  1;  78 Del. Laws, c. 161, §§  42-47;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 71. CRIMINAL NUISANCE ABATEMENT › § 7134. Presumptions.

§ 7134. Presumptions.
(a) The person in whose name the premises involved is recorded in the recorder of deeds office shall be presumed to be the owner thereof.
(b) Whenever there is evidence that a person was the manager, operator, supervisor or was in any other way in charge of the premises involved at the time of any conduct constituting the criminal nuisance is alleged to have been committed, such evidence shall be rebuttably presumptive that such person was an agent or employee of the owner, landlord or lessee of the premises.
78 Del. Laws, c. 161, §  48;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 72. Victims of Sexual Violence Protective Order › § 7201. Purpose.

§ 7201. Purpose.
Sexual violence is heinous. Perpetrators of sexual violence inflict humiliation, degradation, and terror on victims. Rape is recognized as a significantly under reported crime. Victims who do not report the crime of rape or other sexual violence nevertheless desire safety and protection from future interactions with the perpetrator of the rape or other sexual violence. The purpose of this chapter is to provide a civil remedy to a victim of a rape or other sexual violence which requires the offender to stay away from the victim. This civil remedy is available only for petitioners who would not qualify for a protection from abuse order because there is no family or dating relationship between the victim and perpetrator and where the respondent is at least 18 years of age.
83 Del. Laws, c. 449, § 1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 72. Victims of Sexual Violence Protective Order › § 7202. Definitions.

§ 7202. Definitions.
As used in this chapter:
(1) “Firearm” means as defined in § 222 of Title 11.
(2) “Law-enforcement officer” means as defined in § 222 of Title 11.
(3) “Non-consensual” means “without consent” as defined under § 761 of Title 11.
(4) “Non-physical contact” means telephone calls, mail, e-mail, fax, texts or other written, verbal, or digital communication.
(5) “Petitioner” means the person named in a petition seeking a sexual violence protective order, or any named victim of non-consensual sexual conduct or non-consensual sexual penetration on whose behalf the petition is brought, and who is not a member of a protected class under § 1041(2)a. or (2)b. of this title.
(6) “Physical injury” means, with respect to an adult petitioner, as defined in § 222 of Title 11. With respect to a minor petitioner, “physical injury” means any impairment of physical condition or pain.
(7) “Respondent” means the person alleged to have engaged in the conduct giving rise to the petitioner's desire to seek a sexual violence protective order.
(8) “Sexual conduct” means any of the following:
a. Any intentional or knowing touching or fondling of the genitals, anus, or breasts, directly or indirectly, including through clothing.
b. Any intentional or knowing display of the genitals, anus, or breasts for the purpose of arousal or sexual gratification of the respondent.
c. Any intentional or knowing touching or fondling of the genitals, anus, or breasts, directly or indirectly, including through clothing, that the petitioner is forced to perform by the respondent or another person.
d. Any forced display of the petitioner's genitals, anus, or breasts for the purposes of arousal or sexual gratification of the respondent or others.
e. Any intentional or knowing touching of the clothed or unclothed body of a child under the age of 12, or of age 16 if the respondent is more than 4 years older than the child, if done for the purpose of sexual gratification or arousal of the respondent or others.
f. Any coerced or forced touching or fondling by a child under the age of 12, or of age 16 if the respondent is more than 4 years older than the child, directly or indirectly, including through the clothing, of the genitals, anus, or breast of the respondent or others.
(9) “Sexual penetration” means any contact, however slight, between the sex organ or anus of 1 person by an object, the sex organ, mouth, or anus of another person, or any intrusion, however slight, of any part of the body of 1 person, or of any animal, or object into the sex organ or anus of another person, including cunnilingus, fellatio, or anal penetration. Evidence of emission of semen is not required for an act of sexual penetration.
(10) “Sexual violence protective order” means an ex parte temporary order or final order granted under this chapter which includes a remedy specified by § 7204 or § 7205 of this title.
83 Del. Laws, c. 449, § 1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 72. Victims of Sexual Violence Protective Order › § 7206. Termination and renewal.

§ 7206. Termination and renewal.
(a) A respondent subject to a sexual violence protective order issued under § 7205 of this chapter, or renewed under subsection (b) of this section, may submit 1 written request at any time during the effective period of the order for a hearing to terminate the order.
(1) The Court must provide notice to all parties and a hearing before the Court may terminate the order.
(2) The respondent must prove by a preponderance of the evidence that the respondent no longer poses a danger of causing petitioner harm.
(3) If the Court finds after a hearing that the respondent has met the burden imposed by paragraph (a)(2) of this section, the Court shall terminate the order.
(b) A petitioner may request a renewal of a sexual violence protective order at any time within 3 months before the expiration of a sexual violence protective order issued under § 7205 of this title or this subsection.
(1) The Court must provide notice to all parties and a hearing before the Court may renew an order issued under § 7205 of this title or this subsection.
(2) The petitioner must prove by a preponderance of the evidence that the respondent continues to pose a danger of causing petitioner harm.
(3) If the Court finds after a hearing that the petitioner has met the burden imposed by paragraph (b)(2) of this section, the Court shall renew the sexual violence protective order.
(4) The Court shall set the duration of the renewed sexual violence protective order, which may be up to 3 years. The order remains in effect unless terminated under subsection (a) of this section, renewed under this subsection, or expired and not renewed.
83 Del. Laws, c. 449, § 1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 72. Victims of Sexual Violence Protective Order › § 7207. Return and disposal of firearms.

§ 7207. Return and disposal of firearms.
If an order issued under this chapter is vacated under § 7205 of this title, terminated under § 7206 of this title, or expired and is not renewed, the law-enforcement agency shall return to the respondent any firearms or ammunition taken from the respondent under this chapter unless the respondent is otherwise prohibited under § 1448 of Title 11.
83 Del. Laws, c. 449, § 1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 72. Victims of Sexual Violence Protective Order › § 7208. Limitation on liability.

§ 7208. Limitation on liability.
(a) Nothing in this chapter precludes a law-enforcement officer from removing firearms under other authority or the filing of criminal charges when probable cause exists.
(b) A law-enforcement agency is immune from civil or criminal liability for any damage or deterioration of firearms stored or transported under this chapter. This subsection does not apply if the damage or deterioration occurred as a result of recklessness, gross negligence, or intentional misconduct by the law-enforcement agency or federally-licensed firearms dealer.
83 Del. Laws, c. 449, § 1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 72. Victims of Sexual Violence Protective Order › § 7209. Sanctions.

§ 7209. Sanctions.
(a) Any person who violates a sexual violence protection order may be guilty of criminal contempt under § 1271A of Title 11.
(b) Any person who “swears falsely,” as defined by § 1224 of Title 11, in an affidavit or verified pleading under § 7203, § 7204, or § 7205 of this title, a written request to terminate or renew a sexual violence protective order under § 7206 of this title, or in any court hearing under § 7204, § 7205, or § 7206 may be guilty of perjury under § 1221, § 1222, or § 1223 of Title 11.
83 Del. Laws, c. 449, § 1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 73. INSOLVENCY › Subchapter I. Proceedings for Discharge › § 7301. Right of discharge from imprisonment for debt; conditions.

§ 7301. Right of discharge from imprisonment for debt; conditions.
Whoever is imprisoned for debt, damages, or costs, by virtue of any process or commitment, in a civil action (except process or commitment of the Court of Chancery), having resided in this State for 1 year next preceding such imprisonment, may obtain discharge from such imprisonment upon petition to the Superior Court of the county wherein he or she is imprisoned, and compliance with the provisions of this subchapter.
Code 1852, §  2679;  Code 1915, §  4612;  Code 1935, §  5070;  10 Del. C. 1953, §  7301;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 73. INSOLVENCY › Subchapter I. Proceedings for Discharge › § 7302. Contents of petition.

§ 7302. Contents of petition.
The petition for discharge shall set forth the imprisonment and the cause thereof, the insolvency of the petitioner, a full and true account of all the petitioner's real and personal estate, debts, credits, rights, money, and effects whatsoever, with the sums and dates of all the petitioner's bonds, notes, or other securities, and a true list, according to the best of the petitioner's knowledge and belief, of all the petitioner's creditors, with the sums due to them respectively. If the petitioner at any time has given, conveyed, assigned, settled, or disposed of money, stock, or property of any kind, upon trust, it shall be mentioned.
Code 1852, §  2680;  Code 1915, §  4613;  Code 1935, §  5071;  10 Del. C. 1953, §  7302;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 73. INSOLVENCY › Subchapter I. Proceedings for Discharge › § 7303. Summons to creditors; service.

§ 7303. Summons to creditors; service.
The petition being preferred, the court shall award process for summoning the creditors of the petitioner to appear in the court, on some certain day, and show cause, if any they have, why the petitioner should not be discharged from imprisonment upon assigning his or her property for the benefit of his or her creditors. Service of such summons upon the agent or attorney of a creditor not residing in the State shall be a valid service as to such creditor. Service of a summons upon 1 of several parties, joint plaintiffs, or joint creditors, shall be sufficient so far as concerns a partnership, or joint debt.
Code 1852, §  2681;  Code 1915, §  4614;  Code 1935, §  5072;  10 Del. C. 1953, §  7303;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 73. INSOLVENCY › Subchapter I. Proceedings for Discharge › § 7304. Proof of service; appearance as waiver.

§ 7304. Proof of service; appearance as waiver.
Proof of the service of a summons under § 7303 of this title shall be by the affidavit of the person serving the same written upon the summons.
An appearance entered, either personally or by attorney, shall be as effectual as proof of the service of the summons.
Code 1852, §§  2682, 2683;  Code 1915, §  4615;  Code 1935, §  5073;  10 Del. C. 1953, §  7304;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 73. INSOLVENCY › Subchapter I. Proceedings for Discharge › § 7305. Creditor's affidavit of fraud; jury trial.

§ 7305. Creditor's affidavit of fraud; jury trial.
Any creditor in any sum not less than $50, the amount of which shall be proved by affidavit, may file an allegation of fraud against the petitioner, specifying the supposed fraudulent transactions, to which allegation the petitioner may plead. Thereupon the same shall be tried by a jury at the same term to which the petition is preferred.
Code 1852, §  2684;  Code 1915, §  4616;  Code 1935, §  5074;  10 Del. C. 1953, §  7305;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 73. INSOLVENCY › Subchapter I. Proceedings for Discharge › § 7306. Hearing by court in absence of allegation of fraud.

§ 7306. Hearing by court in absence of allegation of fraud.
If an allegation of fraud is not filed, or being filed is withdrawn, the court shall hear what is alleged and proved for or against granting the prayer of the petition.
Code 1852, §  2685;  Code 1915, §  4617;  Code 1935, §  5075;  10 Del. C. 1953, §  7306;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 73. INSOLVENCY › Subchapter I. Proceedings for Discharge › § 7307. Interrogatories to petitioner.

§ 7307. Interrogatories to petitioner.
Interrogatories may be proposed by any creditor to the petitioner, touching the causes of the petitioner's insolvency, the ownership, disposal and state of any property, the time of contracting any debt, or of executing any security, deed, or other instrument, and the consideration thereof, and any other matter which the court deems a proper subject of such inquiry. The petitioner shall, upon the requirement of any creditor, fully and distinctly answer the interrogatories upon oath or affirmation. The petitioner's answers, being reduced to writing, shall be signed by the petitioner.
Code 1852, §  2686;  Code 1915, §  4618;  Code 1935, §  5076;  10 Del. C. 1953, §  7307;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 73. INSOLVENCY › Subchapter I. Proceedings for Discharge › § 7308. Order to surrender property.

§ 7308. Order to surrender property.
Upon sufficient cause shown, the court may order the petitioner to produce any money in the petitioner's possession or control, or any deeds, bonds, notes, books of account, or other writings relating to his or her estate, and remand the petitioner until such order is complied with.
Code 1852, §  2687;  Code 1915, §  4619;  Code 1935, §  5077;  10 Del. C. 1953, §  7308;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 73. INSOLVENCY › Subchapter I. Proceedings for Discharge › § 7309. Penalties for fraud of petitioner.

§ 7309. Penalties for fraud of petitioner.
If it appears to the court that the petitioner has fraudulently secreted, transferred, disposed of, or removed any goods, chattels, rights, credits, money, or other property, or has been guilty of deception or fraud in contracting any debt, or has not fully and truly answered the interrogatories proposed, or has committed any fraud by which the petitioner's creditors may be injured, the petition shall be dismissed and the petitioner remanded.
Code 1852, §  2688;  Code 1915, §  4620;  Code 1935, §  5078;  10 Del. C. 1953, §  7309;  70 Del. Laws, c. 186, §  1;