reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 24. WIRETAPPING, ELECTRONIC SURVEILLANCE AND INTERCEPTION OF COMMUNICATIONS › Subchapter I. Electronic Surveillance and Interception of Communications › § 2403. Manufacture, possession or sale of intercepting device.

§ 2403. Manufacture, possession or sale of intercepting device.
(a) Prohibited acts. — Except as otherwise specifically provided by this chapter, any person who manufactures, assembles, possesses or sells any electronic, mechanical or other device knowing or having reason to know that the design of the device is primarily for the purpose of the surreptitious interception of wire, oral or electronic communications, shall be guilty of a Class F felony and be fined not more than $10,000.
(b) Lawful acts. — It is lawful under this section for:
(1) A provider of wire or electronic communication service or an officer, agent, employee of, or person under contract with a service provider, in the normal course of the business of providing that wire or electronic communication service, to manufacture, assemble, possess or sell any electronic, mechanical or other device knowing or having reason to know that the design of the device is primarily for the purpose of the surreptitious interception of wire, oral or electronic communications.
(2) A person under contract with the United States, a state, a political subdivision of a state or the District of Columbia, in the normal course of the duties of the United States, a state, a political subdivision thereof or the District of Columbia to manufacture, assemble, possess or sell any electronic, mechanical or other device knowing or having reason to know that the design of the device is primarily for the purpose of the surreptitious interception of wire, oral or electronic communications.
(3) An officer, agent or employee of the United States in the normal course of that individual's lawful duties to manufacture, assemble, possess or sell any electronic, mechanical or other device knowing or having reason to know that the design of the device is primarily for the purpose of the surreptitious interception of wire, oral or electronic communications. However, any sale made under the authority of this paragraph may only be for the purpose of disposing of obsolete or surplus devices.
(4) An officer, agent or employee of a law-enforcement agency of this State or a political subdivision of this State in the normal course of that individual's lawful duties to manufacture, assemble, possess or sell any electronic, mechanical or other device knowing or having reason to know that the design of the device is primarily for the purpose of the surreptitious interception of wire, oral or electronic communications; provided, however, that the particular officer, agent or employee is specifically authorized by the chief administrator of such law-enforcement agency to manufacture, assemble or possess the device for a particular law-enforcement purpose. However, any sale made under the authority of this paragraph may only be for the purpose of disposing of obsolete or surplus devices.
72 Del. Laws, c. 232, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 24. WIRETAPPING, ELECTRONIC SURVEILLANCE AND INTERCEPTION OF COMMUNICATIONS › Subchapter I. Electronic Surveillance and Interception of Communications › § 2404. Admissibility of evidence.

§ 2404. Admissibility of evidence.
Whenever any wire or oral communication has been intercepted, no part of the contents of the communication and no evidence derived therefrom may be received in evidence in any trial, hearing or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee or other authority of this State or a political subdivision thereof if the disclosure of that information would be in violation of this chapter.
72 Del. Laws, c. 232, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 24. WIRETAPPING, ELECTRONIC SURVEILLANCE AND INTERCEPTION OF COMMUNICATIONS › Subchapter I. Electronic Surveillance and Interception of Communications › § 2405. Authorities permitted to apply for order authorizing interception.

§ 2405. Authorities permitted to apply for order authorizing interception.
The Attorney General, Chief Deputy Attorney General, Director of the Division of Civil Rights and Public Trust, Director of the Family Division, Director of the Fraud and Consumer Protection Division, State Prosecutor or chief prosecutor of any county may apply to a judge authorized to receive intercept applications and the judge, in accordance with § 2407 of this title, may grant an order authorizing the interception by investigative or law-enforcement officers of wire, oral, or electronic communications when the interception may provide evidence of any of the following:
(1) Of the commission of the offense of racketeering, murder, kidnapping, human trafficking, gambling, robbery, bribery, extortion, dealing in narcotic drugs or dangerous drugs, dealing in central nervous system depressant or stimulant drugs, dealing in controlled substances or counterfeit controlled substances, prison escape, jury tampering, fraud, official misconduct, deprivation of civil rights, hate crimes, or stalking.
(2) Of the commission of any felony creating a risk of physical injury to a person.
(3) Of any conspiracy or solicitation to commit any of the offenses set forth in paragraph (1) or (2) of this section.
(4) Aiding in the apprehension of the perpetrator of any of the offenses set forth in this section.
No application or order shall be required if the interception is lawful under the provisions of § 2406(c) of this title.
72 Del. Laws, c. 232, §  1;  79 Del. Laws, c. 276, §  7;  84 Del. Laws, c. 204, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 24. WIRETAPPING, ELECTRONIC SURVEILLANCE AND INTERCEPTION OF COMMUNICATIONS › Subchapter I. Electronic Surveillance and Interception of Communications › § 2408. Reports to President Judge.

§ 2408. Reports to President Judge.
(a) Report by Judge. — Within 30 days after the expiration of an order or an extension or renewal thereof entered under this chapter or the denial of an order confirming verbal approval of interception, the issuing or denying Judge shall make a report to the President Judge of the Superior Court stating:
(1) That an order, extension or renewal for which application was made;
(2) The type of order for which application was made;
(3) That the order was granted as applied for, was modified or was denied;
(4) The period of the interceptions authorized by the order and the number and duration of any extensions or renewals of the order;
(5) The offense specified in the order or extension or renewal of an order;
(6) The identity of the person authorizing the application and of the investigative or law-enforcement officer and agency for whom it was made; and
(7) The character of the facilities from which or the place where the communications were to be intercepted.
(b) Reports by Attorney General. — The Attorney General or Deputy Attorney General specifically designated by the Attorney General shall make and file all reports required by federal law.
72 Del. Laws, c. 232, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 24. WIRETAPPING, ELECTRONIC SURVEILLANCE AND INTERCEPTION OF COMMUNICATIONS › Subchapter I. Electronic Surveillance and Interception of Communications › § 2409. Civil liability; defense to civil or criminal action.

§ 2409. Civil liability; defense to civil or criminal action.
(a) Civil liability. — Any person whose wire, oral or electronic communication is intercepted, disclosed or used in violation of this chapter shall have a civil cause of action against any person who intercepts, discloses, uses, or procures any other person to intercept, disclose or use the communications and be entitled to recover from any person:
(1) Actual damages, but not less than liquidated damages computed at the rate of $100 a day for each day of violation or $1,000, whichever is higher;
(2) Punitive damages; and,
(3) A reasonable attorneys' fee and other litigation costs reasonably incurred.
(b) Defense. — A good faith reliance on a court order or legislative authorization shall constitute a complete defense to any civil or criminal action brought under this chapter or under any other law.
72 Del. Laws, c. 232, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 24. WIRETAPPING, ELECTRONIC SURVEILLANCE AND INTERCEPTION OF COMMUNICATIONS › Subchapter I. Electronic Surveillance and Interception of Communications › § 2410. Breaking and entering, etc., to place or remove equipment.

§ 2410. Breaking and entering, etc., to place or remove equipment.
Any person who breaks and enters, enters under false pretenses, or trespasses upon any premises with the intent to place, adjust or remove wiretapping or electronic surveillance or eavesdropping equipment without a court order shall be guilty of a class C felony.
72 Del. Laws, c. 232, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 24. WIRETAPPING, ELECTRONIC SURVEILLANCE AND INTERCEPTION OF COMMUNICATIONS › Subchapter I. Electronic Surveillance and Interception of Communications › § 2412. Obstruction, impediment or prevention of interception.

§ 2412. Obstruction, impediment or prevention of interception.
(a) Giving notice of interception. — A person who has knowledge that an investigative or law-enforcement officer has been authorized or has applied for authorization under this chapter to intercept wire, oral or electronic communications may not give notice or attempt to give notice of an authorized interception or pending application for authorization for interception to any other person in order to obstruct, impede or prevent such interception.
(b) Penalties. — A person who violates the provisions of subsection (a) of this section shall be guilty of a class F felony and be fined not more than $10,000.
72 Del. Laws, c. 232, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 24. WIRETAPPING, ELECTRONIC SURVEILLANCE AND INTERCEPTION OF COMMUNICATIONS › Subchapter II. Stored Wire and Electronic Communications and Transactional Records Access › § 2421. Obtaining, altering or preventing authorized access.

§ 2421. Obtaining, altering or preventing authorized access.
(a) General provisions. — Except as provided in subsection (c) of this section, a person may not obtain, alter or prevent authorized access to a wire or electronic communication while it is in electronic storage in an electronic communications system by:
(1) Intentionally accessing with authorization a facility through which an electronic communication service is provided; or
(2) Intentionally exceeding an authorization to access a facility through which an electronic communication service is provided.
(b) Penalties. — A person who violates the provisions of subsection (a) of this section is subject to the following penalties:
(1) If the offense is committed for purposes of commercial advantage, malicious destruction or damage, or private commercial gain:
a. For a first offense, the person shall be guilty of a class B misdemeanor and be fined not more than $250,000; and
b. For a second or subsequent offense, the person shall be guilty of a Class A misdemeanor and be fined not more than $250,000.
(2) In all other circumstances, the person shall be guilty of a class B misdemeanor and be fined not more than $5,000.
(c) Applicability of section. — Subsection (a) of this section does not apply to conduct authorized:
(1) By the person or entity providing a wire or electronic communications service;
(2) By a user of a wire or electronic communications service with respect to a communication of or intended for that user; or
(3) Under the provisions of this chapter.
72 Del. Laws, c. 232, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 24. WIRETAPPING, ELECTRONIC SURVEILLANCE AND INTERCEPTION OF COMMUNICATIONS › Subchapter II. Stored Wire and Electronic Communications and Transactional Records Access › § 2422. Divulging contents of communications generally.

§ 2422. Divulging contents of communications generally.
(a) Prohibited acts. — (1) Except as provided in subsection (b) of this section, a person or entity providing an electronic communications service to the public may not knowingly divulge to any other person or entity the contents of a communication while the communication is in electronic storage by that service.
(2) Except as provided in subsection (b) of this section, a person or entity providing remote computing service to the public may not knowingly divulge to any other person or entity the contents of any communication which is carried or maintained on that service which it has received:
a. On behalf of and by means of computer processing of communication or by means of electronic transmission from a subscriber or customer of the service; and
b. Solely for the purpose of providing storage or computer processing services to a subscriber or customer if the provider is not authorized to access the contents of any communications for purposes of providing any services other than storage or computer processing.
(b) Lawful acts. — A person or entity may divulge the contents of a communication:
(1) To an addressee or intended recipient of the communication or an agent of the addressee or intended recipient;
(2) With the lawful consent of the originator or an addressee or intended recipient of the communication, or the subscriber, in the case of remote computing service;
(3) To a person employed or authorized by facilities or services used to forward the communication to its destination;
(4) If necessarily incident to the rendition of the service or to the protection of the rights or property of the provider of that service;
(5) To a law-enforcement agency if the contents were inadvertently obtained by the service provider and appear to pertain to the commission of a crime; or
(6) If otherwise authorized under the provisions of this chapter.
72 Del. Laws, c. 232, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 24. WIRETAPPING, ELECTRONIC SURVEILLANCE AND INTERCEPTION OF COMMUNICATIONS › Subchapter II. Stored Wire and Electronic Communications and Transactional Records Access › § 2426. Reimbursement of costs.

§ 2426. Reimbursement of costs.
(a) General provision. — Except as otherwise provided in subsection (c) of this section, an investigative or law-enforcement officer obtaining the contents of communications, records or other information under § 2422, § 2423 or § 2424 of this title shall pay to the person or entity assembling or providing the information a fee for reimbursement for costs that are reasonably necessary and that have been directly incurred in searching for, assembling, reproducing or otherwise providing the information. Reimbursable costs shall include any costs due to necessary disruption of normal operations of an electronic communications service or remote computing service in which the information may be stored.
(b) Amount of fee. — The amount of the fee authorized under subsection (a) of this section shall be mutually agreed upon by the investigative or law-enforcement officer and the person or entity providing the information, or in the absence of agreement, shall be determined by the court which issued the order for production of the information or the court in which a criminal prosecution relating to the information would be brought, if no court order was issued for production of the information.
(c) Exceptions. — The requirement of subsection (a) of this section does not apply with respect to records or other information maintained by a communications common carrier that relate to telephone toll records and telephone listings obtained under § 2423 of this title. The court may, however, order a payment described in subsection (a) of this section if the court determines the information required is unusually voluminous in nature or otherwise caused an undue burden on the provider.
72 Del. Laws, c. 232, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 24. WIRETAPPING, ELECTRONIC SURVEILLANCE AND INTERCEPTION OF COMMUNICATIONS › Subchapter II. Stored Wire and Electronic Communications and Transactional Records Access › § 2427. Civil actions.

§ 2427. Civil actions.
(a) Right to relief. — Except as provided in subsection (e) of this section, a provider of electronic communication service, a subscriber or customer aggrieved by a knowing or intentional violation of §§ 2421-2425 of this title may recover appropriate relief in a civil action against the person or entity that engaged in the violation.
(b) Appropriate relief. — In a civil action under this section, appropriate relief includes:
(1) Appropriate preliminary and other equitable or declaratory relief;
(2) Damages under subsection (c) of this section; and
(3) A reasonable attorneys' fee and other litigation costs reasonably incurred.
(c) Damages. — The court may assess as damages in a civil action under this section the sum of the actual damages suffered by the plaintiff and any profits made by the violator as a result of the violation, but in no case shall a person entitled to recover receive less than $1,000.
(d) Defenses. — A good faith reliance on any of the following is a complete defense to any civil or criminal action brought under this section or any other law of this state:
(1) A court warrant or order, a grand jury or Attorney General's subpoena, a legislative authorization or a statutory authorization; or
(2) A good faith determination that § 2403 or § 2423 of this title permitted the conduct that is the subject of the action.
(e) Limitations period. — A civil action under this section shall be filed within 2 years after the day on which the claimant first discovered or had a reasonable opportunity to discover the violation.
72 Del. Laws, c. 232, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 24. WIRETAPPING, ELECTRONIC SURVEILLANCE AND INTERCEPTION OF COMMUNICATIONS › Subchapter III. Pen Traces and Trap and Trace Devices › § 2430. Definition of “court of competent jurisdiction”.

§ 2430. Definition of “court of competent jurisdiction”.
When used in § 2431, § 2432, § 2433 or § 2434, “court of competent jurisdiction” means the Superior Court of this State.
72 Del. Laws, c. 232, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 24. WIRETAPPING, ELECTRONIC SURVEILLANCE AND INTERCEPTION OF COMMUNICATIONS › Subchapter III. Pen Traces and Trap and Trace Devices › § 2431. Installation and use generally.

§ 2431. Installation and use generally.
(a) Court order required. — Except as provided in subsection (b) of this section, a person may not install or use a pen register or a trap and trace device without first obtaining a court order under § 2433 of this title.
(b) Exceptions. — Subsection (a) of this section does not apply to the use of a pen register or a trap and trace device by a provider of wire or electronic communication service:
(1) Relating to the operation, maintenance and testing of a wire or electronic service or to the protection of the rights or property of the provider, or to the protection of users of that service from abuse of service or unlawful use of service; or
(2) To record the fact that a wire or electronic communication was initiated or completed in order to protect the provider, another provider furnishing service toward the completion of the wire communication, or a user of that service from fraudulent, unlawful or abusive use of this service, or with the consent of the user of that service.
(c) Penalties. — A person who violates subsection (a) of this section shall be guilty of a class A misdemeanor and be fined not more than $5,000.
72 Del. Laws, c. 232, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 24. WIRETAPPING, ELECTRONIC SURVEILLANCE AND INTERCEPTION OF COMMUNICATIONS › Subchapter III. Pen Traces and Trap and Trace Devices › § 2432. Application for order to install and use.

§ 2432. Application for order to install and use.
(a) General provisions. — An investigative or law-enforcement officer may make application for an order or an extension of an order under § 2433 of this title authorizing or approving the installation and use of a pen register or a trap and trace device, in writing, under oath or equivalent affirmation, to a court of competent jurisdiction of this State.
(b) Contents of application. — An application under subsection (a) of this section shall include:
(1) The identity of the law-enforcement or investigative officer making the application and the identity of the law-enforcement agency conducting the investigation; and
(2) A statement under oath by the applicant that the information likely to be obtained is relevant to an ongoing criminal investigation being conducted by that agency.
72 Del. Laws, c. 232, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 24. WIRETAPPING, ELECTRONIC SURVEILLANCE AND INTERCEPTION OF COMMUNICATIONS › Subchapter III. Pen Traces and Trap and Trace Devices › § 2433. Order authorizing installation and use.

§ 2433. Order authorizing installation and use.
(a) General provisions. — Upon an application made under § 2432 of this title, the court shall enter an ex parte order authorizing the installation and use of a pen register or a trap and trace device within the jurisdiction of the court if the court finds that the information likely to be obtained by the installation and use is relevant to an ongoing criminal investigation.
(b) Contents of order. — An order issued under this section shall:
(1) Specify the identity, if known, of the person to whom is leased or in whose name is listed the electronic communication service to which the pen register or trap and trace device is to be attached;
(2) Specify the identity, if known, of the person who is the subject of the criminal investigation;
(3) Specify the number and, if known, physical location of the electronic communication service to which the pen register or trap and trace device is to be attached and in the case of a trap and trace device, the geographic limits of the trap and trace order;
(4) Contain a description of the offense to which the information likely to be obtained by the pen register or trap and trace device relates; and
(5) Direct, upon the request of the applicant, the furnishing of information, facilities and technical assistance necessary to accomplish the installation of the pen register or trap and trace device under § 2434 of this title.
(c) Duration. — (1) An order issued under this section shall authorize the installation and use of a pen register or a trap and trace device for a period not to exceed 60 days.
(2) Extensions of an order issued under this section may be granted upon an application for an order as prescribed by § 2432 of this title and upon the judicial finding required under subsection (a) of this section. An extension may not exceed 60 days.
(d) Restrictions. — An order authorizing or approving the installation and use of a pen register or a trap and trace device shall direct that:
(1) The order be sealed until further order of the court; and
(2) The person owning or leasing the line to which the pen register or a trap and trace device is attached or who has been ordered by the court to provide assistance to the applicant, not disclose the existence of the pen register or trap and trace device or the existence of the investigation to the listed subscriber or to any other person, unless or until otherwise ordered by the court.
72 Del. Laws, c. 232, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 24. WIRETAPPING, ELECTRONIC SURVEILLANCE AND INTERCEPTION OF COMMUNICATIONS › Subchapter III. Pen Traces and Trap and Trace Devices › § 2434. Assistance to investigative or law-enforcement officer or agency.

§ 2434. Assistance to investigative or law-enforcement officer or agency.
(a) Installation and use. — Upon the request of an investigative or law-enforcement officer authorized to install and use a pen register under this chapter, a provider of wire or electronic communication service, landlord, custodian or other person shall furnish the investigative or law-enforcement officer with all information, facilities and technical assistance necessary to accomplish the installation of the pen register unobtrusively and with a minimum of interference with the services that the person ordered by the court accords the party with respect to whom the installation and use is to take place, if such assistance is directed by a court order under § 2433 of this title.
(b) Receipt of results. — Upon the request of an officer of law-enforcement agency authorized to receive the results of a trap and trace device under this chapter, a provider of a wire or electronic communication service, landlord, custodian or other person shall install the device on the appropriate line and shall furnish the investigative or law-enforcement officer all additional information, facilities and technical assistance including installation and operation of the device unobtrusively and with a minimum of interference with the services that the person ordered by the court accords the party with respect to whom the installation and use is to take place, if the installation and assistance is directed by a court order under § 2433 of this title. Unless otherwise ordered by the court, the results of the trap and trace device shall be furnished to the officer of a law-enforcement agency, designated in the court order, at reasonable intervals during regular business hours for the duration of the order.
(c) Compensation. — A provider of a wire or electronic communication service, landlord, custodian or other person who furnishes facilities or technical assistance under this section shall be compensated for reasonable expenses incurred in providing the facilities and assistance.
(d) Causes of action. — Nothing in this chapter may be construed as creating a cause of action against any provider of a wire or electronic communication service, its officers, employees, agents or other specified persons for providing information, facilities or assistance in accordance with the terms of a court order under § 2430, § 2431, § 2432 or § 2433 of this title.
(e) Defenses. — A good faith reliance on a court order, a legislative authorization or a statutory authorization is a complete defense against any civil or criminal action brought under § 2430, § 2431, § 2432 or § 2433 of this title or under any other law.
72 Del. Laws, c. 232, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 25. EXTRADITION AND DETAINERS › Subchapter I. Extradition; Uniform Criminal Extradition Law › § 2501. Definitions.

§ 2501. Definitions.
As used in this subchapter, unless the context indicates a different intent:
(1) “Executive authority” includes the governor and any person performing the functions of governor in a state other than this State.
(2) “Governor” includes any person performing the functions of Governor by authority of the law of this State.
(3) “State,” referring to a state other than this State, includes any other state or territory, organized or unorganized, of the United States of America.
41 Del. Laws, c. 213, §  1;  11 Del. C. 1953, §  2501;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 25. EXTRADITION AND DETAINERS › Subchapter I. Extradition; Uniform Criminal Extradition Law › § 2502. Fugitives from justice; duty of Governor.

§ 2502. Fugitives from justice; duty of Governor.
Subject to this subchapter, the provisions of the Constitution of the United States and any and all acts of Congress enacted in pursuance thereof, the Governor of this State shall have arrested and delivered up to the executive authority of any other state of the United States any person charged in that state with treason, felony or other crime, who has fled from justice and is found in this State.
41 Del. Laws, c. 213, §  2;  11 Del. C. 1953, §  2502;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 25. EXTRADITION AND DETAINERS › Subchapter I. Extradition; Uniform Criminal Extradition Law › § 2503. Form of demand.

§ 2503. Form of demand.
No demand for the extradition of a person charged with crime in another state shall be recognized by the Governor unless in writing alleging, except in cases arising under § 2506 of this title, that the accused was present in the demanding state at the time of the commission of the alleged crime, and that thereafter the accused fled from the state, and accompanied by a copy of an indictment found or by information supported by affidavit in the state having jurisdiction of the crime, or by a copy of an affidavit made before a magistrate there, together with a copy of any warrant which was issued thereupon or by a copy of a judgment of conviction or of a sentence imposed in execution thereof, together with a statement by the executive authority of the demanding state that the person claimed has escaped from confinement or has broken the terms of bail, probation or parole. The indictment, information or affidavit made before the magistrate shall substantially charge the person demanded with having committed a crime under the law of that state; and the copy of indictment, information, affidavit, judgment of conviction or sentence shall be authenticated by the executive authority making the demand.
41 Del. Laws, c. 213, §  3;  11 Del. C. 1953, §  2503;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 25. EXTRADITION AND DETAINERS › Subchapter I. Extradition; Uniform Criminal Extradition Law › § 2504. Investigation by Governor.

§ 2504. Investigation by Governor.
When a demand is made upon the Governor of this State by the executive authority of another state for the surrender of a person so charged with crime, the Governor may call upon the Attorney General or any prosecuting officer in this State to investigate or assist in investigating the demand, and to report to the Governor the situation and circumstances of the person so demanded, and whether the person ought to be surrendered.
41 Del. Laws, c. 213, §  4;  11 Del. C. 1953, §  2504;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 25. EXTRADITION AND DETAINERS › Subchapter I. Extradition; Uniform Criminal Extradition Law › § 2505. Persons imprisoned or awaiting trial; involuntary departure.

§ 2505. Persons imprisoned or awaiting trial; involuntary departure.
(a) When it is desired to have returned to this State a person charged in this State with a crime, and such person is imprisoned or is held under criminal proceedings then pending in another state, the Governor of this State may agree with the executive authority of such other state for the extradition of such person before the conclusion of such proceedings or the person's term of sentence in such other state, upon condition that such person be returned to such other state at the expense of this State as soon as the prosecution in this State is terminated.
(b) The Governor of this State may surrender, on demand of the executive authority of any other state, any person in this State who is charged in the manner provided in § 2523 of this title with having violated the laws of the state whose executive authority is making the demand, even though such person left the demanding state involuntarily.
41 Del. Laws, c. 213, §  5;  11 Del. C. 1953, §  2505;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 25. EXTRADITION AND DETAINERS › Subchapter I. Extradition; Uniform Criminal Extradition Law › § 2506. Persons absent at time of commission of crime.

§ 2506. Persons absent at time of commission of crime.
The Governor of this State may surrender, on demand of the executive authority of any other state, any person in this State charged in such other state in the manner provided in § 2503 of this title with committing an act in this State, or in a third state, intentionally resulting in a crime in the state whose executive authority is making the demand, and the provisions of this chapter not otherwise inconsistent shall apply to such cases, even though the accused was not in that state at the time of the commission of the crime, and has not fled therefrom, provided the acts for which extradition is sought would be punishable by the laws of this State, if the consequences claimed to have resulted from those acts in the demanding state had taken effect in this State.
41 Del. Laws, c. 213, §  6;  11 Del. C. 1953, §  2506;  83 Del. Laws, c. 327, § 4;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 25. EXTRADITION AND DETAINERS › Subchapter I. Extradition; Uniform Criminal Extradition Law › § 2507. Governor's warrant of arrest; issuance.

§ 2507. Governor's warrant of arrest; issuance.
If the Governor decides that the demand should be complied with, the Governor shall sign a warrant of arrest, which shall be sealed with the state seal, and be directed to any peace officer or other person whom the Governor thinks fit to entrust with the execution thereof. The warrant shall substantially recite the facts necessary to the validity of its issuance.
41 Del. Laws, c. 213, §  7;  11 Del. C. 1953, §  2507;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 25. EXTRADITION AND DETAINERS › Subchapter I. Extradition; Uniform Criminal Extradition Law › § 2508. Contents of warrant.

§ 2508. Contents of warrant.
Such warrant shall authorize the peace officer or other person to whom directed to arrest the accused at any time and any place where the accused may be found within the State and to command the aid of all peace officers or other persons in the execution of the warrant, and to deliver the accused, subject to this subchapter, to the duly authorized agent of the demanding state.
41 Del. Laws, c. 213, §  8;  11 Del. C. 1953, §  2508;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 25. EXTRADITION AND DETAINERS › Subchapter I. Extradition; Uniform Criminal Extradition Law › § 2509. Authority of arresting officer to command assistance.

§ 2509. Authority of arresting officer to command assistance.
Every peace officer or other person empowered to make the arrest under this subchapter shall have the same authority, in arresting the accused, to command assistance therein, as peace officers have by law in the execution of any criminal process directed to them, with like penalties against those who refuse their assistance.
41 Del. Laws, c. 213, §  9;  11 Del. C. 1953, §  2509;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 25. EXTRADITION AND DETAINERS › Subchapter I. Extradition; Uniform Criminal Extradition Law › § 2510. Rights of accused; habeas corpus.

§ 2510. Rights of accused; habeas corpus.
No person arrested upon such warrant shall be delivered over to the agent whom the executive authority demanding the person has appointed to receive the person unless the person is first taken forthwith before a judge of a court of record or a justice of the peace in this State, who shall inform the person of the demand made for the person's surrender and of the crime with which the person is charged, and that the person has the right to demand and procure legal counsel. If the prisoner or the prisoner's counsel states that the person or they desire to test the legality of the prisoner's arrest, the judge or justice of the peace shall fix a reasonable time to be allowed within which to apply for a writ of habeas corpus. When such writ is applied for, notice thereof, and of the time and place of hearing thereon, shall be given to the Deputy Attorney General of the county in which the arrest is made and in which the accused is in custody, or to the Attorney General or the Chief Deputy Attorney General, and to the agent of the demanding state.
41 Del. Laws, c. 213, §  10;  11 Del. C. 1953, §  2510;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 25. EXTRADITION AND DETAINERS › Subchapter I. Extradition; Uniform Criminal Extradition Law › § 2511. Denial of rights of accused; penalty.

§ 2511. Denial of rights of accused; penalty.
Whoever, being an officer, delivers to the agent for extradition of the demanding state a person in the officer's custody under the Governor's warrant, in wilful disobedience of § 2510 of this title, shall be fined not more than $1,000 or imprisoned not more than 6 months, or both.
41 Del. Laws, c. 213, §  11;  11 Del. C. 1953, §  2511;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 25. EXTRADITION AND DETAINERS › Subchapter I. Extradition; Uniform Criminal Extradition Law › § 2512. Confinement in jail.

§ 2512. Confinement in jail.
(a) The officer or persons executing the Governor's warrant of arrest, or the agent of the demanding state to whom the prisoner has been delivered, may, when necessary, confine the prisoner in the jail of any county, town or city through which the officer passes; and the keeper of such jail shall receive and safely keep the prisoner until the officer or person having charge of the prisoner is ready to proceed on the officer's route, such officer or person being chargeable with the expense of keeping.
(b) The officer or agent of a demanding state to whom a prisoner has been delivered following extradition proceedings in another state, or to whom a prisoner has been delivered after waiving extradition in such other state, and who is passing through this State with such a prisoner for the purpose of immediately returning such prisoner to the demanding state may, when necessary, confine the prisoner in the jail of any county, town or city through which the officer passes; and the keeper of such jail shall receive and safely keep the prisoner until the officer or agent having charge of the prisoner is ready to proceed on the officer's route, such officer or agent, however, being chargeable with the expense of keeping. Such officer or agent shall produce and show to the keeper of such jail satisfactory written evidence of the fact that the officer is actually transporting such prisoner to the demanding state after a requisition by the executive authority of such demanding state. Such prisoner shall not be entitled to demand a new requisition while in this State.
41 Del. Laws, c. 213, §  12;  11 Del. C. 1953, §  2512;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 25. EXTRADITION AND DETAINERS › Subchapter I. Extradition; Uniform Criminal Extradition Law › § 2513. Arrest prior to requisition.

§ 2513. Arrest prior to requisition.
Whenever any person within this State shall be charged on the oath of any credible person before any judge or justice of the peace of this State with the commission of any crime in any other state and, except in cases arising under § 2506 of this title, with having fled from justice, or with having been convicted of a crime in that state and having escaped from confinement, or having broken the terms of bail, probation or parole, or whenever complaint has been made before any judge or justice of the peace in this State setting forth on the affidavit of any credible person in another state that a crime has been committed in such other state and that the accused has been charged in such state with the commission of the crime, and, except in cases arising under § 2506 of this title, has fled from justice, or with having been convicted of a crime in that state and having escaped from confinement, or having broken the terms of bail, probation or parole, and is believed to be in this State, the judge or justice of the peace shall issue a warrant directed to any peace officer commanding the officer to apprehend the person named therein, wherever the person so named is found in this State, and to bring the accused before the same or any other judge, justice of the peace or court who or which is available in or convenient of access to the place where the arrest is made, to answer the charge or complaint and affidavit.
41 Del. Laws, c. 213, §  13;  11 Del. C. 1953, §  2513;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 25. EXTRADITION AND DETAINERS › Subchapter I. Extradition; Uniform Criminal Extradition Law › § 2514. Arrest without warrant.

§ 2514. Arrest without warrant.
The arrest of a person may be lawfully made by any peace officer or a private person, without a warrant, upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by death or imprisonment for a term exceeding 1 year, but when so arrested the accused shall be taken before a judge or justice of the peace with all practicable speed and complaint shall be made against the accused under oath setting forth the ground for the arrest as in § 2513 of this title, and thereafter the accused's answer shall be heard as if the accused had been arrested on a warrant.
41 Del. Laws, c. 213, §  14;  11 Del. C. 1953, §  2514;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 25. EXTRADITION AND DETAINERS › Subchapter I. Extradition; Uniform Criminal Extradition Law › § 2515. Commitment awaiting requisition; bail.

§ 2515. Commitment awaiting requisition; bail.
If from the examination before the judge or justice of the peace it appears that the person held is the person charged with having committed the crime alleged and, except in cases arising under § 2506 of this title, that the person has fled from justice, the judge or justice of the peace shall, by a warrant reciting the accusation, commit the person to jail for such a time not exceeding 30 days and specified in the warrant, as will enable the arrest of the accused to be made under a warrant of the Governor on a requisition of the executive authority of the state having jurisdiction of the offense, unless the accused gives bail as provided in § 2516 of this title, or until the accused is legally discharged.
41 Del. Laws, c. 213, §  15;  11 Del. C. 1953, §  2515;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 25. EXTRADITION AND DETAINERS › Subchapter I. Extradition; Uniform Criminal Extradition Law › § 2516. Admission to bail; conditions of bond.

§ 2516. Admission to bail; conditions of bond.
Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, a judge or justice of the peace in this State may admit the person arrested to bail by bond, with sufficient sureties, and in such sum as the judge or justice deems proper, conditioned for the prisoner's appearance before the judge or justice at a time specified in such bond, and for the prisoner's surrender, to be arrested upon the warrant of the Governor of this State.
41 Del. Laws, c. 213, §  16;  11 Del. C. 1953, §  2516;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 25. EXTRADITION AND DETAINERS › Subchapter I. Extradition; Uniform Criminal Extradition Law › § 2517. Extension of time of commitment.

§ 2517. Extension of time of commitment.
If the accused is not arrested under warrant of the Governor by the expiration of the time specified in the warrant or bond, a judge or justice of the peace may discharge the accused or may recommit the accused for a further period not to exceed 60 days, or a judge or justice of the peace may again take bail for the accused's appearance and surrender, as provided in § 2516 of this title, but within a period not to exceed 60 days after the date of such new bond.
41 Del. Laws, c. 213, §  17;  11 Del. C. 1953, §  2517;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 25. EXTRADITION AND DETAINERS › Subchapter I. Extradition; Uniform Criminal Extradition Law › § 2518. Forfeiture of bail.

§ 2518. Forfeiture of bail.
If the prisoner is admitted to bail, and fails to appear and surrender according to the conditions of the bond, the judge or justice of the peace by proper order shall declare the bond forfeited and order the accused's immediate arrest, without warrant if the accused is within this State. Recovery may be had on such bond in the name of the State as in the case of other bonds given by the accused in criminal proceedings within this State.
41 Del. Laws, c. 213, §  18;  11 Del. C. 1953, §  2518;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 25. EXTRADITION AND DETAINERS › Subchapter I. Extradition; Uniform Criminal Extradition Law › § 2519. Persons under criminal prosecution.

§ 2519. Persons under criminal prosecution.
If a criminal prosecution has been instituted against such person under the laws of this State and is still pending, the Governor, in the Governor's discretion, either may surrender the accused on demand of the executive authority of another state or hold the accused until the accused has been tried and discharged or convicted and punished in this State.
41 Del. Laws, c. 213, §  19;  11 Del. C. 1953, §  2519;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 25. EXTRADITION AND DETAINERS › Subchapter I. Extradition; Uniform Criminal Extradition Law › § 2520. Inquiry into guilt of accused.

§ 2520. Inquiry into guilt of accused.
The guilt or innocence of the accused as to the crime of which the accused is charged may not be inquired into by the Governor or in any proceeding after the demand for extradition accompanied by a charge of crime in legal form as provided in this subchapter has been presented to the Governor, except as it is involved in identifying the person held as the person charged with the crime.
41 Del. Laws, c. 213, §  20;  11 Del. C. 1953, §  2520;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 25. EXTRADITION AND DETAINERS › Subchapter I. Extradition; Uniform Criminal Extradition Law › § 2521. Recall of warrant; issuance of alias.

§ 2521. Recall of warrant; issuance of alias.
The Governor may recall the Governor's own warrant of arrest or may issue another warrant whenever the Governor deems proper.
41 Del. Laws, c. 213, §  21;  11 Del. C. 1953, §  2521;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 25. EXTRADITION AND DETAINERS › Subchapter I. Extradition; Uniform Criminal Extradition Law › § 2522. Warrant to receive fugitive from State.

§ 2522. Warrant to receive fugitive from State.
Whenever the Governor of this State demands a person charged with crime or with escaping from confinement or breaking the terms of bail, probation or parole in this State, from the executive authority of any other state, or from the Chief Justice or an Associate Justice of the Supreme Court of the District of Columbia authorized to receive such demand under the laws of the United States, the Governor shall issue a warrant under the seal of this State, to some agent, commanding the agent to receive the person so charged if delivered to the agent and convey the accused to the proper officer of the county in this State in which the offense was committed.
41 Del. Laws, c. 213, §  22;  11 Del. C. 1953, §  2522;  70 Del. Laws, c. 186, §  1;