2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter VI. Offenses Against Public Administration › § 1211. Official misconduct; class A misdemeanor, class G, F, D, B felony.

§ 1211. Official misconduct; class A misdemeanor, class G, F, D, B felony.
(a) A public servant is guilty of official misconduct when, intending to obtain a personal benefit or to cause harm to another person, the public servant knowingly does any of the following:
(1) Commits an act constituting an unauthorized exercise of official functions, knowing that the act is unauthorized.
(2) Refrains from performing a duty, or breaches a duty which is imposed by law or is clearly inherent in the nature of the office.
(3) Performs official functions in a way intended to benefit the public servant's own property or financial interests under circumstances in which the public servant's actions would not have been reasonably justified in consideration of the factors which ought to have been taken into account in performing official functions.
(4) Performs official functions in a way intended to practice discrimination on the basis of race, religion, color, disability, sexual orientation, sex, age, gender identity, national origin, or ancestry.
(5) Uses or relies upon their position of trust or authority to engage in criminal conduct.
Official misconduct is a class A misdemeanor.
(b) Official misconduct shall be punished as follows:
(1) For a violation of either paragraph (a)(1) or (a)(2) of this section the offense shall be a class A misdemeanor.
(2) For a violation of paragraph (a)(3), (a)(4), or (a)(5) of this section the offense shall be a class G felony.
(3) Official misconduct is a class F felony where the value of the personal benefit received, or the harm caused, is $1,500 or more.
(4) Official misconduct is a class D felony where the value of the personal benefit received, or the harm caused, is $50,000 or more, but less than $100,000.
(5) Official misconduct is a class B felony where the value of the personal benefit received, or the harm caused, is $100,000 or more.
(6) Official misconduct is a class F felony where the harm caused is physical injury, or the public servant engages in conduct constituting an offense which is punishable as an unclassified misdemeanor, a class B misdemeanor, or a class A misdemeanor.
(7) Official misconduct is a class D felony where the harm caused is serious physical injury, or the public servant engages in conduct constituting an offense which is punishable as a class G felony, a class F felony, or a class E felony.
(8) Official misconduct shall be 1 grade higher than the underlying offense where the public servant engages in conduct constituting an offense which is punishable as a class D felony or a class C felony.
(9) Official misconduct shall be a class A felony where the public servant engages in conduct constituting an offense which is punishable as a class B felony or a class A felony or where the harm caused is death.
(c) The Superior Court has exclusive jurisdiction over a violation of this section.
11 Del. C. 1953, §  1211;  58 Del. Laws, c. 497, §  1;  61 Del. Laws, c. 327, §  1;  64 Del. Laws, c. 48, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;  84 Del. Laws, c. 225, § 1;