reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter II. Offenses Against the Person › § 773. Rape in the first degree; class A felony.

§ 773. Rape in the first degree; class A felony.
(a) A person is guilty of rape in the first degree when the person intentionally engages in sexual intercourse with another person and any of the following circumstances exist:
(1) The sexual intercourse occurs without the victim's consent and during the commission of the crime, or during the immediate flight following the commission of the crime, or during an attempt to prevent the reporting of the crime, the person causes physical injury or serious mental or emotional injury to the victim; or
(2) The sexual intercourse occurs without the victim's consent and it was facilitated by or occurred during the course of the commission or attempted commission of:
a. Any felony; or
b. Any of the following misdemeanors:
reckless endangering in the second degree; assault in the third degree; terroristic threatening; unlawfully administering drugs; unlawful imprisonment in the second degree; coercion; or criminal trespass in the first, second or third degree; or
(3) In the course of the commission of rape in the second, third or fourth degree, or while in the immediate flight therefrom, the defendant displayed what appeared to be a deadly weapon or represents by word or conduct that the person is in possession or control of a deadly weapon or dangerous instrument; or
(4) The sexual intercourse occurs without the victim's consent, and a principal-accomplice relationship within the meaning set forth in § 271 of this title existed between the defendant and another person or persons with respect to the commission of the crime; or
(5) The victim has not yet reached that victim's twelfth birthday, and the defendant has reached that defendant's eighteenth birthday.
(6) [Repealed.]
(b) Nothing contained in this section shall preclude a separate charge, conviction and sentence for any other crime set forth in this title, or in the Delaware Code.
(c) Notwithstanding any law to the contrary, a person convicted of rape in the first degree shall be sentenced to life imprisonment without benefit of probation, parole or any other reduction if:
(1) The victim had not yet reached that victim's sixteenth birthday at the time of the offense and the person inflicts serious physical injury on the victim; or
(2) The person intentionally causes serious and prolonged disfigurement to the victim permanently, or intentionally destroys, amputates or permanently disables a member or organ of the victim's body; or
(3) The person is convicted of rape against 3 or more separate victims; or
(4) The person has previously been convicted of unlawful sexual intercourse in the first degree, rape in the second degree or rape in the first degree, or any equivalent offense under the laws of this State, any other state or the United States.
Rape in the first degree is a class A felony.
71 Del. Laws, c. 285, §  13;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 93, §  3;  77 Del. Laws, c. 318, §  7;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter II. Offenses Against the Person › § 774. Sexual extortion; class E felony.

§ 774. Sexual extortion; class E felony.
A person is guilty of sexual extortion when the person intentionally compels or induces another person to engage in any sexual act involving contact, penetration or intercourse with the person or another or others, or to produce a visual depiction of the person or another who is nude, or who is engaging in sexual conduct, with the person or another or others by means of instilling in the victim a fear that, if such sexual act or production is not performed, the defendant or another will:
(1) Cause physical injury to anyone;
(2) Cause damage to property;
(3) Engage in other conduct constituting a crime;
(4) Accuse anyone of a crime or cause criminal charges to be instituted against anyone;
(5) Expose a secret or publicize an asserted fact, whether true or false, intending to subject anyone to hatred, contempt or ridicule;
(6) Falsely testify or provide information or withhold testimony or information with respect to another's legal claim or defense;
(7) Reproduce, distribute, exhibit, publish, transmit, or otherwise disseminate a visual depiction of any person who is nude, or who is engaging in sexual conduct; or
(8) Perform any other act which is calculated to harm another person materially with respect to the other person's health, safety, business, calling, career, financial condition, reputation or personal relationships.
Sexual extortion is a class E felony.
68 Del. Laws, c. 379, §  1;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 318, §§  2, 6;  83 Del. Laws, c. 406, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter II. Offenses Against the Person › § 775. Bestiality.

§ 775. Bestiality.
A person is guilty of bestiality when the person intentionally engages in any sexual act involving sexual contact, penetration or intercourse with the genitalia of an animal or intentionally causes another person to engage in any such sexual act with an animal for purposes of sexual gratification.
Bestiality is a class D felony.
69 Del. Laws, c. 91, §  1;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 318, §  6;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter II. Offenses Against the Person › § 776. Continuous sexual abuse of a child; class B felony.

§ 776. Continuous sexual abuse of a child; class B felony.
(a) A person is guilty of continuous sexual abuse of a child when, either residing in the same home with the minor child or having recurring access to the child, the person intentionally engages in 3 or more acts of sexual conduct with a child under the age of 18 years of age over a period of time, not less than 3 months in duration.
(b) Sexual conduct under this section is defined as any of those criminal sexual acts defined under § 768, § 769, § 770, § 771, § 772, § 773, 777A, § 778, § 778A or § 1108 of this title.
(c) To convict under this section, the trier of fact, if a jury, need unanimously agree only that the requisite number of acts occurred, not on which acts constitute the requisite number.
(d) Continuous sexual abuse of a child is a class B felony.
69 Del. Laws, c. 442, §  1;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 392, §  4;  77 Del. Laws, c. 318, §§  3, 4, 6;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter II. Offenses Against the Person › § 777. Dangerous crime against a child, definitions, sentences.

§ 777. Dangerous crime against a child, definitions, sentences.
(a) A “dangerous crime against a child” means any criminal sexual conduct against a minor under the age of 14 years as defined in §§ 770-773, § 777A, §§ 778 through 778A, or §§ 1108 through 1112B of this title. For purposes of this section only, and § 762(a) of this title to the contrary notwithstanding, the defendant may use as an affirmative defense that the defendant believed that the victim of the crime was over the age of 16 years of age.
(b) Except as otherwise provided in this title, a person who is at least 18 years of age, or who has been tried as an adult and who is convicted of a dangerous crime against a child as defined in subsection (a) of this section, shall be guilty of a class B felony. For a second offense under this section, the Court shall impose a mandatory sentence of life imprisonment.
(c) A person sentence pursuant to this section shall not be eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the sentence imposed by the Court has been served.
70 Del. Laws, c. 124, §  1;  71 Del. Laws, c. 467, §  7;  77 Del. Laws, c. 318, §§  5, 6;  80 Del. Laws, c. 175, §  3;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter II. Offenses Against the Person › § 777A. Sex offender unlawful sexual conduct against a child.

§ 777A. Sex offender unlawful sexual conduct against a child.
(a) A sex offender who knowingly commits any sexual offense against a child is guilty of sex offender unlawful sexual conduct against a child.
(b) For purposes of this section, “sex offender” means as defined in § 4121 of this title.
(c) For purposes of this section, the term “sexual offense” shall mean any offense designated as a sexual offense by § 761(i) of this title.
(d) For purposes of this section, “child” means any individual who has not reached that child's eighteenth birthday. If the underlying sexual offense involves an offense defined by §§ 1108 through 1112B of this title, “child” also means any individual who is intended by the defendant to appear to be 14 years of age or less. A sex offender who knowingly possesses any material prohibited by § 1111 of this title is committing an offense against a child for purposes of this section.
(e) Sex offender unlawful sexual conduct against a child shall be punished as follows:
(1) If the underlying sexual offense is a misdemeanor, the crime of sex offender unlawful sexual conduct against a child shall be a class G felony except where the child against whom a sexual offense is committed is a child younger than 12 years of age in which case the crime of sex offender unlawful sexual conduct against a child shall be a class C felony;
(2) If the underlying sexual offense is a class C, D, E, F, or G felony, the crime of sex offender unlawful sexual conduct against a child shall be a felony 1 grade higher than the underlying offense except where the child against whom a sexual offense is committed is a child younger than 12 years of age in which case the crime of sex offender unlawful sexual conduct against a child shall be a class B felony;
(3) If the underlying sexual offense is a misdemeanor and the victim is under 18 years of age and has a cognitive disability, the crime of sex offender unlawful sexual conduct against a child shall be a class C felony;
(4) If the underlying sexual offense is a class C, D, E, F, or G felony and the victim is under 18 years of age and has a cognitive disability, the crime of sex offender unlawful sexual conduct against a child shall be a class B felony;
(5) If the underlying sexual offense is a class A or B felony, the crime of sex offender unlawful sexual conduct against a child shall be the same grade as the underlying offense, and the minimum sentence of imprisonment required for the underlying offense shall be doubled.
(f) The provisions of this section shall not apply if the defendant is also a child.
76 Del. Laws, c. 66, §  2;  77 Del. Laws, c. 149, §§  1, 2;  77 Del. Laws, c. 150, §  4;  77 Del. Laws, c. 318, §  6;  80 Del. Laws, c. 175, §  4;  82 Del. Laws, c. 150, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter II. Offenses Against the Person › § 780. Female genital mutilation.

§ 780. Female genital mutilation.
(a) A person is guilty of female genital mutilation when:
(1) A person knowingly circumcises, excises or infibulates the whole or any part of the labia majora, labia minora or clitoris of a female minor; or
(2) A parent, guardian or other person legally responsible or charged with the care or custody of a female minor allows the circumcision, excision or infibulation, in whole or in part, of such minor's labia majora, labia minora or clitoris.
(b) Female genital mutilation is a class E felony.
(c) It is not a defense to a violation that the conduct described in subsection (a) of this section above is required as a matter of custom, ritual or standard practice, or that the minor on whom it is performed or the minor's parent or legal guardian consented to the procedure.
(d) A surgical procedure is not a violation of this section if the procedure is:
(1) Necessary to the health of the minor on whom it is performed and is performed by a licensed physician under § 1720 of Title 24 or a physician-in-training under the supervision of a licensed physician; or
(2) Performed on a minor who is in labor or who has just given birth and is performed for medical purposes connected with that labor or birth by a licensed physician under § 1720 of Title 24 or a physician-in-training under the supervision of a licensed physician, or a licensed midwife under § 3336 of Title 18.
70 Del. Laws, c. 438, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter II. Offenses Against the Person › § 780A. Sexual intercourse or penetration with a person in custody; class F felony.

§ 780A. Sexual intercourse or penetration with a person in custody; class F felony.
(a) It is unlawful for a law-enforcement officer, an employee working at a detention facility, a contractor or employee of a contractor working at a detention facility, or a volunteer working at a detention facility to engage in sexual intercourse or sexual penetration with a person who is in custody, as defined in § 1258 of this title.
(b) Subsection (a) of this section does not apply to a licensed medical doctor or nurse when the penetration occurs for the purpose of diagnosis or treatment or to a law-enforcement officer who is lawfully performing job duties.
(c) Consent of the person in custody is not a defense to an act in violation of subsection (a) of this section.
(d) A violation of subsection (a) of this section is a class F felony.
81 Del. Laws, c. 389, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter II. Offenses Against the Person › § 780B. Unlawful sexual contact with a person in custody; class G felony.

§ 780B. Unlawful sexual contact with a person in custody; class G felony.
(a) It is unlawful for a law-enforcement officer, an employee working at a detention facility, a contractor or employee of a contractor working at a detention facility, or a volunteer working at a detention facility to intentionally have sexual contact with a person in custody, as defined in § 1258 of this title.
(b) Subsection (a) of this section does not apply to a licensed medical doctor or nurse when the contact occurs for the purpose of diagnosis or treatment or to a law-enforcement officer who is lawfully performing job duties.
(c) Consent of the person in custody is not a defense to an act in violation of subsection (a) of this section.
(d) A violation of subsection (a) of this section is a class G felony.
81 Del. Laws, c. 389, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter II. Offenses Against the Person › § 781. Unlawful imprisonment in the second degree; class A misdemeanor.

§ 781. Unlawful imprisonment in the second degree; class A misdemeanor.
A person is guilty of unlawful imprisonment in the second degree when the person knowingly and unlawfully restrains another person.
Unlawful imprisonment in the second degree is a class A misdemeanor.
11 Del. C. 1953, §  781;  58 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter II. Offenses Against the Person › § 782. Unlawful imprisonment in the first degree; class G felony.

§ 782. Unlawful imprisonment in the first degree; class G felony.
A person is guilty of unlawful imprisonment in the first degree when the person knowingly and unlawfully restrains another person under circumstances which expose that person to the risk of serious physical injury.
Unlawful imprisonment in the first degree is a class G felony.
11 Del. C. 1953, §  782;  58 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter II. Offenses Against the Person › § 783. Kidnapping in the second degree; class C felony.

§ 783. Kidnapping in the second degree; class C felony.
A person is guilty of kidnapping in the second degree when the person unlawfully restrains another person with any of the following purposes:
(1) To hold the victim for ransom or reward; or
(2) To use the victim as a shield or hostage; or
(3) To facilitate the commission of any felony or flight thereafter; or
(4) To inflict physical injury upon the victim, or to violate or abuse the victim sexually; or
(5) To terrorize the victim or a third person; or
(6) To take or entice any child less than 18 years of age from the custody of the child's parent, guardian or lawful custodian;
and the actor voluntarily releases the victim alive, unharmed and in a safe place prior to trial.
Kidnapping in the second degree is a class C felony.
11 Del. C. 1953, §  783;  58 Del. Laws, c. 497, §  1;  59 Del. Laws, c. 547, §  5;  66 Del. Laws, c. 398, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 148, §  35;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter II. Offenses Against the Person › § 783A. Kidnapping in the first degree; class B felony.

§ 783A. Kidnapping in the first degree; class B felony.
A person is guilty of kidnapping in the first degree when the person unlawfully restrains another person with any of the following purposes:
(1) To hold the victim for ransom or reward; or
(2) To use the victim as a shield or hostage; or
(3) To facilitate the commission of any felony or flight thereafter; or
(4) To inflict physical injury upon the victim, or to violate or abuse the victim sexually; or
(5) To terrorize the victim or a third person; or
(6) To take or entice any child less than 18 years of age from the custody of the child's parent, guardian or lawful custodian;
and the actor does not voluntarily release the victim alive, unharmed and in a safe place prior to trial.
Kidnapping in the first degree is a class B felony.
59 Del. Laws, c. 547, §  5;  66 Del. Laws, c. 398, §  2;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 148, §  36;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter II. Offenses Against the Person › § 784. Defense to unlawful imprisonment and kidnapping.

§ 784. Defense to unlawful imprisonment and kidnapping.
In any prosecution for unlawful imprisonment or kidnapping it is an affirmative defense that the accused was a relative of the victim, and the accused's sole purpose was to assume custody of the victim. In that case, the liability of the accused, if any, is governed by § 785 of this title, and the accused may be convicted under § 785 when indicted for unlawful imprisonment or kidnapping.
11 Del. C. 1953, §  784;  58 Del. Laws, c. 497, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter II. Offenses Against the Person › § 785. Interference with custody; class G felony; class A misdemeanor.

§ 785. Interference with custody; class G felony; class A misdemeanor.
A person is guilty of interference with custody when:
(1) Being a relative of a child less than 16 years old, intending to hold the child permanently or for a prolonged period and knowing that the person has no legal right to do so, the person takes or entices the child from the child's lawful custodian; or
(2) Knowing that the person has no legal right to do so, the person takes or entices from lawful custody any incompetent person or other person entrusted by authority of law to the custody of another person or an institution.
Interference with custody is a class A misdemeanor except that if the person who interferes with the custody of a child thereafter causes the removal of said child from Delaware, it is a class G felony.
11 Del. C. 1953, §  785;  58 Del. Laws, c. 497, §  1;  63 Del. Laws, c. 268, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter II. Offenses Against the Person › § 786. Kidnapping and related offenses; definitions.

§ 786. Kidnapping and related offenses; definitions.
(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. 1953, §  786;  58 Del. Laws, c. 497, §  1;  66 Del. Laws, c. 269, §  2;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter II. Offenses Against the Person › § 791. Acts constituting coercion; class A misdemeanor.

§ 791. Acts constituting coercion; class A misdemeanor.
A person is guilty of coercion when the person compels or induces a person to engage in conduct which the victim has a legal right to abstain from engaging in, or to abstain from engaging in conduct in which the victim has a legal right to engage, by means of instilling in the victim a fear that, if the demand is not complied with, the defendant or another will:
(1) Cause physical injury to a person; or
(2) Cause damage to property; or
(3) Engage in other conduct constituting a crime; or
(4) Accuse some person of a crime or cause criminal charges to be instituted against a person; or
(5) Expose a secret or publicize an asserted fact, whether true or false, tending to subject some person to hatred, contempt or ridicule; or
(6) Testify or provide information or withhold testimony or information with respect to another's legal claim or defense; or
(7) Use or abuse the defendant's position as a public servant by performing some act within or related to the defendant's official duties, or by failing or refusing to perform an official duty in such manner as to affect some person adversely; or
(8) Perform any other act which is calculated to harm another person materially with respect to that person's health, safety, business, calling, career, financial condition, reputation or personal relationships.
Coercion is a class A misdemeanor.
11 Del. C. 1953, §  791;  58 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter II. Offenses Against the Person › § 792. Coercion; truth and proper motive as a defense.

§ 792. Coercion; truth and proper motive as a defense.
In any prosecution for coercion committed by instilling in the victim a fear that the victim or another person would be charged with a crime, it is a defense that the defendant believed the threatened charge to be true and that the defendant's sole purpose was to compel or induce the victim to take reasonable action to make good the wrong which was the subject of the threatened charge.
11 Del. C. 1953, §  792;  58 Del. Laws, c. 497, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter III. Offenses Involving Property › § 801. Arson in the third degree; affirmative defense; class G felony.

§ 801. Arson in the third degree; affirmative defense; class G felony.
(a) A person is guilty of arson in the third degree when the person recklessly damages a building by intentionally starting a fire or causing an explosion.
(b) In any prosecution under this section it is an affirmative defense that no person other than the accused had a possessory or proprietary interest in the building.
Arson in the third degree is a class G felony.
11 Del. C. 1953, §  801;  58 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter III. Offenses Involving Property › § 802. Arson in the second degree; affirmative defense; class D felony.

§ 802. Arson in the second degree; affirmative defense; class D felony.
(a) A person is guilty of arson in the second degree when the person intentionally damages a building by starting a fire or causing an explosion.
(b) In any prosecution under this section it is an affirmative defense that:
(1) No person other than the accused had a possessory or proprietary interest in the building, or if other persons had such interests, all of them consented to the accused's conduct; and
(2) The accused's sole intent was to destroy or damage the building for a lawful purpose; and
(3) The accused had no reasonable ground to believe that the conduct might endanger the life or safety of another person or damage another building.
Arson in the second degree is a class D felony.
11 Del. C. 1953, §  802;  58 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter III. Offenses Involving Property › § 803. Arson in the first degree; class C felony.

§ 803. Arson in the first degree; class C felony.
A person is guilty of arson in the first degree when the person intentionally damages a building by starting a fire or causing an explosion and when:
(1) The person knows that another person not an accomplice is present in the building at the time; or
(2) The person knows of circumstances which render the presence of another person not an accomplice therein a reasonable possibility.
Arson in the first degree is a class C felony.
11 Del. C. 1953, §  803;  58 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter III. Offenses Involving Property › § 804. Reckless burning or exploding; class A misdemeanor.

§ 804. Reckless burning or exploding; class A misdemeanor.
(a) A person is guilty of reckless burning or exploding when the person intentionally starts a fire or causes an explosion, whether on the person's own property or on another's, and thereby recklessly places a building or other real or personal property of another in danger of destruction or damage or places another person in danger of physical injury.
(b) Reckless burning or exploding shall be punished as follows:
(1) Where the total amount of pecuniary loss caused by the burning or exploding, when totaled for all victims, is less than $1,500, such burning or exploding shall be a class A misdemeanor.
(2) Where the total amount of pecuniary loss caused by the burning or exploding, when totaled for all victims, is $1,500 or more, such burning or exploding shall be a class G felony.
11 Del. C. 1953, §  804;  58 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 344, §§  1, 2;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter III. Offenses Involving Property › § 811. Criminal mischief; classification of crime; defense.

§ 811. Criminal mischief; classification of crime; defense.
(a) A person is guilty of criminal mischief when the person intentionally or recklessly:
(1) Damages tangible property of another person; or
(2) Tampers with tangible property of another person so as to endanger person or property; or
(3) Tampers or makes connection with tangible property of a gas, electric, steam or waterworks corporation, telegraph or telephone corporation or other public utility, except that in any prosecution under this subsection it is an affirmative defense that the accused engaged in the conduct charged to constitute an offense for a lawful purpose.
(b) Criminal mischief is punished as follows:
(1) Criminal mischief is a class G felony if the actor intentionally causes pecuniary loss of $5,000 or more, or if the actor intentionally causes a substantial interruption or impairment of public communication, transportation, supply of water, gas or power, or other public service;
(2) Criminal mischief is a class A misdemeanor if the actor intentionally or recklessly causes pecuniary loss in excess of $1,000;
(3) Otherwise criminal mischief is an unclassified misdemeanor;
(4) If an actor commits an act of criminal mischief of any degree on or along a Delaware byway, as defined in §101 of Title 17, the court shall impose a minimum mandatory fine of at least $500.
(c) It is a defense that the defendant has a reasonable ground to believe that the defendant has a right to engage in the conduct set forth in subsection (a) of this section.
11 Del. C. 1953, §  811;  58 Del. Laws, c. 497, §  1;  60 Del. Laws, c. 590, §  6;  65 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 211, §  1;  77 Del. Laws, c. 133, §  14;  77 Del. Laws, c. 350, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter III. Offenses Involving Property › § 812. Graffiti and possession of graffiti implements; class G felony; class A misdemeanor; class B misdemeanor.

§ 812. Graffiti and possession of graffiti implements; class G felony; class A misdemeanor; class B misdemeanor.
(a) (1) A person is guilty of the act of graffiti when the person intentionally, knowingly or recklessly draws, paints, etches or makes any significant mark or inscription upon any public or private, real or personal property of another without the permission of the owner.
(2) Graffiti is a class A misdemeanor, unless the property damage caused thereby exceeds $1500, in which case it is a class G felony. The penalty for graffiti shall include a minimum fine of not less than $1000 which shall not be subject to suspension, restitution for damages to the property and 250 hours of community service, at least 1/2 of which shall be served removing graffiti on public property. The minimum fine and community service hours shall be doubled for a second or subsequent conviction of an act of graffiti. The minimum fine shall also be doubled, and may not be suspended, for a first, second, or subsequent conviction of an act of graffiti which is performed on or along a “Delaware byway,” as defined in § 101 of Title 17.
(b) (1) A person is guilty of possession of graffiti implements when the person possesses any tool, instrument, article, substance, solution or other compound designed or commonly used to etch, paint, cover, draw upon or otherwise place a mark upon a piece of property which that person has no permission or authority to etch, paint, cover, draw upon or otherwise mark, under circumstances evidencing an intent to use the same in order to commit an act of graffiti or damage such property.
(2) Possession of graffiti implements is a class B misdemeanor. The penalty for possession of graffiti implements shall include a minimum fine of not less than $500 which shall not be subject to suspension, restitution for damages to the property and 100 hours of community service, at least 1/2 of which shall be served removing graffiti on public property. The minimum fine and community service hours shall be doubled for a second or subsequent conviction of possession of graffiti implements.
71 Del. Laws, c. 464, §  1;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 68, §  1;  76 Del. Laws, c. 377, §  1;  77 Del. Laws, c. 181, §§  1, 2;  77 Del. Laws, c. 350, §  2;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter III. Offenses Involving Property › § 813. Theft of property from a cemetery.

§ 813. Theft of property from a cemetery.
A person commits theft of property from a cemetery when, with the intent as prescribed in § 841 of this title, the person exercises control over flowers, burial mounds, mementos or any other property left by its owner in a cemetery for purposes of honoring the dead; provided, however, that this section shall not be applicable to employees of a cemetery who remove property from a grave site pursuant to cemetery regulations. Whoever commits theft of property from a cemetery shall be guilty of a class A misdemeanor.
78 Del. Laws, c. 125, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter III. Offenses Involving Property › § 820. Trespassing with intent to peer or peep into a window or door of another; class B misdemeanor.

§ 820. Trespassing with intent to peer or peep into a window or door of another; class B misdemeanor.
A person is guilty of trespassing with intent to peer or peep into a window or door of another when the person knowingly enters upon the occupied property or premises of another utilized as a dwelling, with intent to peer or peep into the window or door of such property or premises and who, while on such property or premises, otherwise acts in a manner commonly referred to as “Peeping Tom.” Any person violating this section may be referred by the court to the Delaware Psychiatric Center for examination and for treatment. Justices of the peace shall have concurrent jurisdiction of violations of this section.
Trespassing with intent to peer or peep into a window or door of another is a class B misdemeanor.
11 Del. C. 1953, §  820;  58 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 550, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter III. Offenses Involving Property › § 821. Criminal trespass in the third degree; a violation.

§ 821. Criminal trespass in the third degree; a violation.
A person is guilty of criminal trespass in the third degree when the person knowingly enters or remains unlawfully upon real property.
Criminal trespass in the third degree is a violation.
11 Del. C. 1953, §  821;  58 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter III. Offenses Involving Property › § 822. Criminal trespass in the second degree; unclassified misdemeanor.

§ 822. Criminal trespass in the second degree; unclassified misdemeanor.
A person is guilty of criminal trespass in the second degree when the person knowingly enters or remains unlawfully in a building or upon real property which is fenced or otherwise enclosed in a manner manifestly designed to exclude intruders.
Criminal trespass in the second degree is an unclassified misdemeanor.
11 Del. C. 1953, §  822;  58 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter III. Offenses Involving Property › § 823. Criminal trespass in the first degree; class A misdemeanor.

§ 823. Criminal trespass in the first degree; class A misdemeanor.
A person is guilty of criminal trespass in the first degree when the person knowingly enters or remains unlawfully in a dwelling or building used to shelter, house, milk, raise, feed, breed, study or exhibit animals.
Criminal trespass in the first degree is a class A misdemeanor.
11 Del. C. 1953, §  823;  58 Del. Laws, c. 497, §  1;  65 Del. Laws, c. 482, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter III. Offenses Involving Property › § 824. Burglary in the third degree; class F felony.

§ 824. Burglary in the third degree; class F felony.
A person is guilty of burglary in the third degree when the person knowingly enters or remains unlawfully in a building with intent to commit a crime therein.
Burglary in the third degree is a class F felony.
11 Del. C. 1953, §  824;  58 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;  82 Del. Laws, c. 215, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter III. Offenses Involving Property › § 825. Burglary in the second degree; class D felony.

§ 825. Burglary in the second degree; class D felony.
(a) A person is guilty of burglary in the second degree when the person knowingly enters or remains unlawfully in a dwelling with intent to commit a crime therein.
(b) A person is guilty of burglary in the second degree when the person knowingly enters or remains unlawfully in a building with intent to commit a crime therein and where the person is armed with explosives or a deadly weapon or where the person causes physical injury to any other person who is not a participant in the crime.
Burglary in the second degree is class D felony.
(c) [Repealed.]
11 Del. C. 1953, §  825;  58 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 126, §  7;  74 Del. Laws, c. 106, §  4;  74 Del. Laws, c. 345, §  4;  82 Del. Laws, c. 215, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter III. Offenses Involving Property › § 826. Burglary in the first degree; class C or B felony.

§ 826. Burglary in the first degree; class C or B felony.
(a) A person is guilty of burglary in the first degree when the person knowingly enters or remains unlawfully in an occupied dwelling with intent to commit a crime therein.
(b) A person is guilty of home invasion burglary first degree if the elements of subsection (a) of this section are met and in effecting entry or when in the dwelling or immediate flight therefrom, the person or another participant in the crime engages in the commission of, or attempts to commit, any of the following felonies:
(1) Robbery in the first or second degree;
(2) Assault in the first or second degree;
(3) Murder in the first or second degree;
(4) Manslaughter;
(5) Rape in any degree;
(6) Kidnapping in the first or second degree;
(c) Burglary in the first degree is a class C felony. A person convicted of burglary in the first degree shall receive a minimum sentence of 1 year at Level V.
(d) Notwithstanding any provision of this section or Code to the contrary, where a person is convicted of burglary in the first degree pursuant to subsection (a) of this section and who either (1) is armed with explosives or a deadly weapon; or (2) causes physical injury to any person who is not a participant in the crime, burglary in the first degree is a class B felony.
(e) Notwithstanding any provision of this section or Code to the contrary, any person convicted of home invasion burglary first degree as defined in subsection (b) of this section, shall receive a minimum sentence of 6 years at Level V.
(f) The sentencing provisions applicable to this section apply to the attempted burglary in the first degree as well as attempted home invasion burglary in the first degree.
(g) It is no defense that the accused did not know that the dwelling was occupied at the time of entry.
11 Del. C. 1953, §  826;  58 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 126, §  8;  74 Del. Laws, c. 106, §  5;  74 Del. Laws, c. 345, §  5;  82 Del. Laws, c. 215, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter III. Offenses Involving Property › § 827. Multiple offenses.

§ 827. Multiple offenses.
A person may be convicted both of burglary and of the offense which it was the purpose of the person's unlawful entry to commit or for an attempt to commit that offense. A person may be convicted both of home invasion burglary first degree and any of the underlying offenses designated in § 826(b) of this title.
11 Del. C. 1953, §  827;  58 Del. Laws, c. 497, §  1;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 252, §  6;  82 Del. Laws, c. 215, § 1;  83 Del. Laws, c. 37, § 6;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter III. Offenses Involving Property › § 828. Possession of burglar's tools or instruments facilitating theft; class F felony.

§ 828. Possession of burglar's tools or instruments facilitating theft; class F felony.
(a) A person is guilty of possession of burglar's tools or instruments facilitating theft when, under circumstances evidencing an intent to use or knowledge that some other person intends to use the same in the commission of an offense of such character, the person possesses any tool, instrument, or other thing adapted, designed, or commonly used for committing or facilitating:
(1) Offenses involving unlawful entry into or upon premises,
(2) Offenses involving the unlocking, overriding, or disabling of a security device without authorization,
(3) Offenses involving forcible breaking or opening of safes, vending machines, automatic teller machines, lock boxes, gates, doors or any container or depositories of property, or
(4) The offense of identity theft, such as a credit card, driver license or other document issued in a name other than the name of the person who possesses the document.
(b) Possession of burglar's tools or instruments facilitating theft is a class F felony.
11 Del. C. 1953, §  828;  58 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 478, §§  1, 2;  72 Del. Laws, c. 297, §  2;  75 Del. Laws, c. 162, §  1;  82 Del. Laws, c. 215, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter III. Offenses Involving Property › § 829. Definitions relating to criminal trespass, burglary and home invasion.

§ 829. Definitions relating to criminal trespass, burglary and home invasion.
(a) “Burglar's tool or instruments” includes the term “bump key” which is a type of key used for a specific lock picking technique called lock bumping.
(b) “Dwelling” means a building which is usually occupied by a person lodging therein at night including a building that has been adapted or is customarily used for overnight accommodation.
(c) “Occupied dwelling” means a dwelling, and a person is lawfully present on the property at the time of the offense.
(d) A person “enters” upon premises when the person introduces any body part or any part of any instrument, by whatever means, into or upon the premises.
(e) A person “enters or remains unlawfully” in or upon premises when the person is not licensed or privileged to do so. A person who, regardless of intent, enters or remains upon premises which appear at the time to be open to the public does so with license and privilege unless the person defies a lawful order not to enter or remain, personally communicated by the owner of the premises or another authorized person. A license or privilege to enter or remain in a building which is only partly open to the public is not a license or privilege to enter or remain in that part of the building which is not open to the public.
(f) The “intent to commit a crime therein” may be formed prior to the unlawful entry, be concurrent with the unlawful entry or such intent may be formed after the entry while the person remains unlawfully.
(g) “Night” means a period between 30 minutes after sunset and 30 minutes before sunrise.
(h) “Premises” include the term “building” as defined in § 222 of this title, and any real property.
(i) “Security device” includes any lock, whether mechanical or electronic; or any warning device designed to alert a person or the general public of a possible attempt to gain unlawful entry into or upon premises or a possible attempt to unlock, bypass or otherwise disable a lock.
(j) A person possesses burglar tools or instruments facilitating theft “under circumstances evincing an intent to use or knowledge that some other person intends to use” such when the person possesses the tools or instruments at a time and a place proximate to the commission or attempt to commit a trespass, burglary, home invasion, or theft-related offense or otherwise under circumstances not manifestly appropriate for what lawful uses the tools or instruments may have.
11 Del. C. 1953, §  829;  58 Del. Laws, c. 497, §  1;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 478, §  3;  76 Del. Laws, c. 267, §  1;  76 Del. Laws, c. 310, §  1;  78 Del. Laws, c. 252, §§  7, 8;  82 Del. Laws, c. 215, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter III. Offenses Involving Property › § 831. Robbery in the second degree; class E or D felony.

§ 831. Robbery in the second degree; class E or D felony.
(a) A person is guilty of robbery in the second degree when, in the course of committing theft, the person uses or threatens the immediate use of force upon another person with intent to:
(1) Prevent or overcome resistance to the taking of the property or to the retention thereof immediately after the taking; or
(2) Compel the owner of the property or another person to deliver up the property or to engage in other conduct which aids in the commission of the theft.
(b) Except as provided in paragraph (d) of this section, robbery second degree is a class E felony.
(c) In addition to its ordinary meaning, the phrase “in the course of committing theft” includes any act which occurs in an attempt to commit theft or in immediate flight after the attempt or commission of the theft.
(d) Robbery in the second degree is a class D felony when, in the course of committing an offense under subsection (a) of this section, the person takes possession of a motor vehicle, and while in possession or control of such vehicle, the person does any of the following:
(1) Commits or attempts to commit a class D or greater felony.
(2) Drives or operates the vehicle in violation of § 4177 of Title 21.
(3) Commits any offense set forth in Chapter 47 of Title 16.
(4) Engages in conduct which causes or creates a substantial risk of physical injury to another person.
(e) Definitions relating to subsection (d) of this section. —
(1) “Another person” means and includes the owner of the motor vehicle or any operator, occupant, passenger of the motor vehicle or any other person who has an interest in the use of the motor vehicle which the offender is not privileged to infringe.
(2) “Motor vehicle” or “vehicle,” means its ordinary meaning and includes any watercraft.
11 Del. C. 1953, §  831;  58 Del. Laws, c. 497, §  1;  65 Del. Laws, c. 517, §  1;  67 Del. Laws, c. 130, §  8;  68 Del. Laws, c. 129, §  4;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 47, §  1;  82 Del. Laws, c. 216, § 1;