reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 25. EXTRADITION AND DETAINERS › Subchapter I. Extradition; Uniform Criminal Extradition Law › § 2523. Application for issuance of requisition.

§ 2523. Application for issuance of requisition.
(a) When the return to this State of a person charged with crime in this State is required, the Attorney General or any Deputy Attorney General shall present to the Governor a written application for a requisition for the return of the person charged, in which application shall be stated the name of the person so charged, the crime charged, the approximate time and place of its commission, the state in which the accused is believed to be, including the location of the accused therein, at the time the application is made and certifying that, in the opinion of the Attorney General or Deputy Attorney General the ends of justice require the arrest and return of the accused to this State for trial and that the proceeding is not instituted to enforce a private claim.
(b) When the return to this State is required of a person who has been convicted of a crime in this State and has escaped from confinement or broken the terms of bail, probation or parole, the Attorney General or any Deputy Attorney General, the parole board, or any agent thereof, probation or court officer, or the warden of the institution or sheriff of the county, from which escape was made, shall present to the Governor a written application for a requisition for the return of such person, in which application shall be stated the name of the person, the crime of which the person was convicted, the circumstances of the person's escape from confinement or of the breach of the terms of bail, probation or parole, the state in which the person is believed to be, including the location of the person therein, at the time application is made.
(c) The application shall be verified by affidavit, shall be executed in duplicate and shall be accompanied by 2 certified copies of the indictment returned, or information and affidavit filed, or of the complaint made to the judge or justice of the peace, stating the offense with which the accused is charged, or of the judgment of conviction or of the sentence. The Attorney General or any Deputy Attorney General, parole board, or any agent thereof, probation or court officer, warden or sheriff may also attach such further affidavits and other documents in duplicate as deemed proper to be submitted with such application. One copy of the application, with the action of the Governor indicated by endorsement thereon, and 1 of the certified copies of the indictment, complaint, information, affidavits, or of the judgment of conviction or of the sentence shall be filed in the office of the Secretary of State to remain of record in that office. The other copies of all papers shall be forwarded with the Governor's requisition.
41 Del. Laws, c. 213, §  23;  11 Del. C. 1953, §  2523;  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 › § 2524. Costs and expenses.

§ 2524. Costs and expenses.
(a) The actual expenses of agents appointed by the Governor to serve requisition papers may be paid indirectly, by having the agent pay the agent's own expenses and then later seek reimbursement by submitting receipts to the State Treasurer; or they may be paid directly, by having the agent pay for the expenses with a credit card registered in the name of the Department of Justice.
(1) When the indirect method is chosen, the agent shall be reimbursed only for reasonable, authorized, extradition-related expenses. Further, the State Treasurer shall reimburse the agent only for receipts that have been approved by the Attorney General or 1 of the Attorney General's deputies.
(2) Similarly, when the direct method is chosen, the credit card may be used only for reasonable, authorized, extradition-related expenses; the agent shall be personally liable for any unauthorized excesses or abuses of the credit card.
(b) Upon the conviction of any individual returned to this State by requisition proceedings, the court shall assess the costs of requisition in the same manner as other costs of the case.
(c) All money received by the State in payment of the costs of requisition shall be credited by the State Treasurer to a fund to be known as the “Extradition Fund.”
(d) The Extradition Fund shall be a revolving fund and shall consist of funds transferred to it pursuant to recovery of the costs of requisitions.
(e) If, at the end of any fiscal year, the balance in the Extradition Fund exceeds $40,000, the excess shall be withdrawn from the Extradition Fund and deposited in the General Fund.
(f) The Attorney General is authorized to expend from the Extradition Fund such funds as are necessary for the payment of operating costs, expenses and charges incurred in connection with the requisition proceedings necessary to return individuals to this State.
41 Del. Laws, c. 213, §  24;  11 Del. C. 1953, §  2524;  64 Del. Laws, c. 122, §  1;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 296, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 25. EXTRADITION AND DETAINERS › Subchapter I. Extradition; Uniform Criminal Extradition Law › § 2525. Immunity from process in civil actions.

§ 2525. Immunity from process in civil actions.
A person brought into this State by, or after waiver of, extradition based on a criminal charge shall not be subject to service of personal process in civil actions arising out of the same facts as the criminal proceedings to answer which the person is being or has been returned, until the person has been convicted in the criminal proceeding, or, if acquitted, until the person has had reasonable opportunity to return to the state from which the person was extradited.
41 Del. Laws, c. 213, §  25;  11 Del. C. 1953, §  2525;  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 › § 2526. Waiver of requisition.

§ 2526. Waiver of requisition.
Any person arrested or detained for the commission of a crime in a foreign jurisdiction, may, after the rights to demand requisition papers have been fully explained, waive requisition and consent to return to the jurisdiction in which the person is wanted. The waiver of requisition shall be in writing, and shall set forth that the person voluntarily waives requisition and that the person's rights have been fully explained and are understood, which shall be signed by the prisoner and 3 other witnesses in the prisoner's presence. The proper signing of such a waiver of requisition shall constitute ample authority for the sheriff, or other officer having the prisoner in custody, to deliver the prisoner to the duly authorized agent commissioned to receive the prisoner. The sheriff, or other officer having the prisoner in charge, before the officer surrenders the prisoner shall be satisfied that the agent is duly authorized and commissioned to receive the prisoner, and shall, unless the agent is a known peace officer, demand and retain the agent's warrant of authority, which the officer shall file and preserve together with the prisoner's waiver of requisition.
41 Del. Laws, c. 213, §  25a;  11 Del. C. 1953, §  2526;  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 › § 2527. Preservation of rights of State.

§ 2527. Preservation of rights of State.
Nothing in this subchapter shall be deemed to constitute a waiver by this State of its right, power or privilege to try such demanded person for crime committed within this State, or of its right, power or privilege to regain custody of such person by extradition proceedings or otherwise for the purpose of trial, sentence or punishment for any crime committed within this State, nor shall any proceedings had under this subchapter which result in, or fail to result in, extradition be deemed a waiver by this State of any of its rights, privileges or jurisdiction in any way whatsoever.
41 Del. Laws, c. 213, §  25b;  11 Del. C. 1953, §  2527;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 25. EXTRADITION AND DETAINERS › Subchapter I. Extradition; Uniform Criminal Extradition Law › § 2528. Prosecution for other crimes after extradition.

§ 2528. Prosecution for other crimes after extradition.
After a person has been brought back to this State by or after waiver of extradition proceedings, the person may be tried in this State for other crimes which the person may be charged with having committed here as well as that specified in the requisition for extradition.
41 Del. Laws, c. 213, §  26;  11 Del. C. 1953, §  2528;  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 › § 2529. Construction.

§ 2529. Construction.
The provisions of this subchapter shall be so interpreted and construed as to effectuate its general purposes to make uniform the law of those states which enact it.
41 Del. Laws, c. 213, §  27;  11 Del. C. 1953, §  2529;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 25. EXTRADITION AND DETAINERS › Subchapter I. Extradition; Uniform Criminal Extradition Law › § 2530. Short title.

§ 2530. Short title.
This subchapter may be cited as the “Uniform Criminal Extradition Law.”
41 Del. Laws, c. 213, §  30;  11 Del. C. 1953, §  2530;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 25. EXTRADITION AND DETAINERS › Subchapter II. Detainers; Uniform Agreement on Detainers › § 2540. Preamble; purpose.

§ 2540. Preamble; purpose.
The Agreement on Detainers is enacted into law and entered into by this State with all other jurisdictions legally joining therein in the form substantially as follows:
The contracting states solemnly agree that the party states find that charges outstanding against a prisoner, detainers based on untried indictments, informations or complaints, and difficulties in securing speedy trial of persons already incarcerated in other jurisdictions, produce uncertainties which obstruct programs of prisoner treatment and rehabilitation. Accordingly, it is the policy of the party states and the purpose of this agreement to encourage the expeditious and orderly disposition of such charges and determination of the proper status of any and all detainers based on untried indictments, informations or complaints. The party states also find that proceedings with reference to such charges and detainers, when emanating from another jurisdiction, cannot properly be had in the absence of cooperative procedures. It is the further purpose of this agreement to provide such cooperative procedures.
11 Del. C. 1953, §  2540;  57 Del. Laws, c. 223, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 25. EXTRADITION AND DETAINERS › Subchapter II. Detainers; Uniform Agreement on Detainers › § 2541. Definitions.

§ 2541. Definitions.
As used in this agreement:
(1) “Receiving state” shall mean the state in which trial is to be had on an indictment, information or complaint pursuant to § 2542 or § 2543 of this title.
(2) “Sending state” shall mean a state in which a prisoner is incarcerated at the time that the prisoner initiates a request for final disposition pursuant to § 2542 of this title or at the time that a request for custody or availability is initiated pursuant to § 2543 of this title.
(3) “State” shall mean a state of the United States; the United States of America; a territory or possession of the United States; the District of Columbia; the Commonwealth of Puerto Rico.
11 Del. C. 1953, §  2541;  57 Del. Laws, c. 223, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 25. EXTRADITION AND DETAINERS › Subchapter II. Detainers; Uniform Agreement on Detainers › § 2545. Time periods; determination; tolling.

§ 2545. Time periods; determination; tolling.
(a) In determining the duration and expiration dates of the time periods provided in §§ 2542 and 2543 of this title, the running of the time periods shall be tolled whenever and for as long as the prisoner is unable to stand trial, as determined by the court having jurisdiction of the matter.
(b) No provision of this agreement, and no remedy made available by this agreement, shall apply to any person who is adjudged to be mentally ill.
11 Del. C. 1953, §  2545;  57 Del. Laws, c. 223, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 25. EXTRADITION AND DETAINERS › Subchapter II. Detainers; Uniform Agreement on Detainers › § 2546. Commissioner of Correction designated enforcing officer.

§ 2546. Commissioner of Correction designated enforcing officer.
Each state party to this agreement shall designate an officer who, acting jointly with like officers of other party states, shall promulgate rules and regulations to carry out more effectively the terms and provisions of this agreement, and who shall provide, within and without the state, information necessary to the effective operation of this agreement; for purposes of this section in this State the Commissioner of the Department of Correction of this State is so designated.
11 Del. C. 1953, §  2546;  57 Del. Laws, c. 223, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 25. EXTRADITION AND DETAINERS › Subchapter II. Detainers; Uniform Agreement on Detainers › § 2547. Effect of agreement; repeal; preservation of rights.

§ 2547. Effect of agreement; repeal; preservation of rights.
This agreement shall enter into full force and effect as to a party state when such state has enacted the same into law. A state party to this agreement may withdraw by enacting a statute repealing the same. However, the withdrawal of any state shall not affect the status of any proceedings already initiated by inmates or by state officers at the time such withdrawal takes effect, nor shall it affect their rights in respect thereof.
11 Del. C. 1953, §  2547;  57 Del. Laws, c. 223, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 25. EXTRADITION AND DETAINERS › Subchapter II. Detainers; Uniform Agreement on Detainers › § 2548. Construction; severability.

§ 2548. Construction; severability.
This agreement shall be liberally construed so as to effectuate its purposes. The provisions of this agreement shall be severable and if any phrase, clause, sentence or provision of this agreement is declared to be contrary to the constitution of any party state or of the United States or the applicability to any government, agency, person or circumstance is held invalid, the validity of the remainder of this agreement and the applicability to any government, agency, person or circumstance shall not be affected. If this agreement shall be held contrary to the constitution of any state party hereto, the agreement shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
11 Del. C. 1953, §  2548;  57 Del. Laws, c. 223, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 25. EXTRADITION AND DETAINERS › Subchapter II. Detainers; Uniform Agreement on Detainers › § 2549. Habitual offenders law; application.

§ 2549. Habitual offenders law; application.
Nothing in this agreement shall be construed to require the application of the habitual offenders law to any person on account of any conviction had in a proceeding brought to final disposition by reason of the use of the agreement.
11 Del. C. 1953, §  2549;  57 Del. Laws, c. 223, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 25. EXTRADITION AND DETAINERS › Subchapter II. Detainers; Uniform Agreement on Detainers › § 2550. Power of Commissioner of Correction; transfer of inmate.

§ 2550. Power of Commissioner of Correction; transfer of inmate.
It shall be lawful and mandatory upon the Commissioner of Correction or other official in charge of a penal or correctional institution in this State to give over the person of any inmate whenever so required by the operation of the Agreement on Detainers.
11 Del. C. 1953, §  2550;  57 Del. Laws, c. 223, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 27. JURISDICTION AND VENUE › Subchapter I. General Provisions › § 2701. Original jurisdiction.

§ 2701. Original jurisdiction.
(a) The justices of the peace shall have original jurisdiction to hear, try and finally determine all violations alleged to have been committed. They shall have such jurisdiction over misdemeanors alleged to have been committed only when it is expressly conferred by law. Such jurisdiction, unless otherwise expressly provided by law, shall be throughout the State.
(b) The Court of Common Pleas for the State shall have original jurisdiction to hear, try and finally determine all misdemeanors and violations alleged to have been committed within the State, except where jurisdiction over such offenses is vested exclusively in another court.
The Court of Common Pleas shall have original jurisdiction to hear, try and finally determine all offenses committed within the City of Wilmington against any of the laws, ordinances, regulations or charter of the City.
The jurisdiction conferred by this subsection includes concurrent jurisdiction with the justices of the peace in all cases in which the justices of the peace have jurisdiction.
(c) The Superior Court shall have jurisdiction, original and concurrent, over all crimes, except where jurisdiction is exclusively vested in another court.
(d) The Family Court of the State shall have such criminal jurisdiction, exclusive or concurrent, as is expressly conferred upon it by law.
(e) The jurisdiction conferred by this section to hear, try and finally determine prosecutions of a crime or offense includes the power to issue all process and to conduct such proceedings as may be necessary or appropriate for the complete exercise of such jurisdiction.
11 Del. C. 1953, §  2701;  58 Del. Laws, c. 497, §  2;  59 Del. Laws, c. 133, §  2;  59 Del. Laws, c. 547, §  16;  71 Del. Laws, c. 176, §  17;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 27. JURISDICTION AND VENUE › Subchapter II. Venue › § 2731. Bigamy.

§ 2731. Bigamy.
In any case of bigamy, prosecution may be had in the county where the bigamous marriage was contracted, where the offender resides or where the offender is apprehended.
11 Del. C. 1953, §  2731;  58 Del. Laws, c. 497, §  2;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 27. JURISDICTION AND VENUE › Subchapter II. Venue › § 2732. Homicide.

§ 2732. Homicide.
In every case of murder and of manslaughter, if a person is poisoned or wounded in 1 county and dies thereof in another county, prosecution shall be had in the county wherein such person was poisoned or wounded. Whenever the cause producing the death of a person happens in a county and the death out of it, the offense shall be deemed complete in the county wherein the cause happens and shall there be inquired of, heard and determined.
Code 1852, §  2947;  Code 1915, §  4818;  Code 1935, §  5306;  11 Del. C. 1953, §  2732;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 27. JURISDICTION AND VENUE › Subchapter II. Venue › § 2733. Offenses involving the conduct of another.

§ 2733. Offenses involving the conduct of another.
Any prosecution involving liability for the conduct of another may be heard and determined in the county in which the principal crime was committed or in the county where the offense charged was committed.
11 Del. C. 1953, §  2733;  58 Del. Laws, c. 497, §  2;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 27. JURISDICTION AND VENUE › Subchapter II. Venue › § 2734. Receiving stolen property.

§ 2734. Receiving stolen property.
A person charged with receiving stolen property may be prosecuted either in the county wherein the theft was committed or in the county where property was received.
11 Del. C. 1953, §  2734;  58 Del. Laws, c. 497, §  2;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 27. JURISDICTION AND VENUE › Subchapter II. Venue › § 2735. Transportation of stolen property by thief.

§ 2735. Transportation of stolen property by thief.
If property is stolen in 1 county of this State and carried into another by the thief, the thief may be prosecuted in either county.
11 Del. C. 1953, §  2735;  58 Del. Laws, c. 497, §  2;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 27. JURISDICTION AND VENUE › Subchapter II. Venue › § 2736. Offenses begun in this State.

§ 2736. Offenses begun in this State.
If any criminal offense is begun in this State and completed elsewhere, it shall be deemed to have been committed in this State, and may be dealt with, inquired of, tried, determined and punished in this State in the same manner as if it had been actually and wholly committed in this State.
21 Del. Laws, c. 307;  Code 1915, §  4818;  Code 1935, §  5306;  11 Del. C. 1953, §  2736;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 27. JURISDICTION AND VENUE › Subchapter II. Venue › § 2737. Kidnapping.

§ 2737. Kidnapping.
In any case of kidnapping, the prosecution may be had in the county where the crime was commenced or in any county through which the person kidnapped was transported.
11 Del. C. 1953, §  2737;  58 Del. Laws, c. 497, §  2;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 27. JURISDICTION AND VENUE › Subchapter II. Venue › § 2738. Computer fraud or misuse.

§ 2738. Computer fraud or misuse.
A person charged with computer fraud or misuse may be prosecuted in the county where the act was committed, in the county where the violator had possession of any proceeds or materials used in such violation or in the county where the principal place of business of the owner or lessee of the computer or computer system is located.
63 Del. Laws, c. 422, §  2;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 31. INDICTMENT AND INFORMATION › § 3101. Degrees of murder.

§ 3101. Degrees of murder.
The different degrees of murder shall be distinguished in indictments.
Code 1852, §  2960;  Code 1915, §  4828;  Code 1935, §  5317;  11 Del. C. 1953, §  3102;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 31. INDICTMENT AND INFORMATION › § 3102. Forgery.

§ 3102. Forgery.
In an indictment for forgery, it is sufficient to set forth the substance of the instrument whereof the forgery is alleged.
Code 1852, §  2961;  Code 1915, §  4829;  Code 1935, §  5320;  11 Del. C. 1953, §  3103;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 31. INDICTMENT AND INFORMATION › § 3103. Perjury.

§ 3103. Perjury.
In an indictment for perjury, it is sufficient to set forth the substance of the offense charged, stating before whom or in what court the oath or affirmation was administered or taken, the general nature of the cause or proceedings, with the names of the parties and proper averments to falsify the matter wherein the perjury is assigned, without setting forth the complaint, answer, indictment, information, declaration or any part of any record, either in law or in equity and without setting forth the commission or authority of the court or person, before whom the perjury was committed.
Code 1852, §  2964;  Code 1915, §  4833;  Code 1935, §  5324;  11 Del. C. 1953, §  3104;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 31. INDICTMENT AND INFORMATION › § 3104. Ownership or possession of property by more than 1 person.

§ 3104. Ownership or possession of property by more than 1 person.
Whenever it may be necessary, in any indictment or information, to state ownership of any property, real or personal, belonging to, or in the possession of more than 1 person, whether such persons be partners in trade, joint tenants, parceners or tenants in common, trustees or members of a joint stock company, it shall be sufficient to name 1 person only, and the property may be described as belonging to the person so named, and another or others, as the case may be.
Code 1852, §  2962;  Code 1915, §  4830;  Code 1935, §  5321;  11 Del. C. 1953, §  3105;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 31. INDICTMENT AND INFORMATION › § 3105. Description of money.

§ 3105. Description of money.
When money, whether coins or paper money, is the subject of larceny, it shall be sufficient to describe the same in the indictment or information as “money of the aggregate value of . . . dollars.”
In any indictment or information the words “money,” “dollars” or “cents” shall be construed to mean lawful money of the United States.
19 Del. Laws, c. 268;  Code 1915, §  4831;  29 Del. Laws, c. 265, §  1;  Code 1935, §  5322;  11 Del. C. 1953, §  3106;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 31. INDICTMENT AND INFORMATION › § 3106. Allegation of intent to defraud.

§ 3106. Allegation of intent to defraud.
Whenever it may be necessary, in any indictment or information, to allege an intent to injure or defraud, it shall be sufficient to allege an intent to injure or defraud without naming the particular person or body corporate intended to be injured or defrauded, and on the trial of the action it shall not be deemed a variance, but be deemed sufficient, if there appear to be an intent to injure or defraud the United States, or any state, territory, county, town or other municipal or public corporation, or any public officer in an official capacity, or any private corporation, copartnership or member thereof, or any particular person or persons.
11 Del. C. 1953, §  3107;  50 Del. Laws, c. 403, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 31. INDICTMENT AND INFORMATION › § 3107. DNA.

§ 3107. DNA.
(a) In any indictment for a crime in which the identity of the accused is unknown, it is sufficient to describe the accused as a person whose name is unknown but who has a particular DNA profile.
(b) Definitions. — In this section the following words have the meanings indicated.
(1) “Deoxyribonucleic acid (DNA)” means the molecules in all cellular forms that contain genetic information in a patterned chemical structure of each individual.
(2) “DNA profile” means an analysis that utilizes the restriction fragment length polymorphism analysis or polymerase chain reaction analysis of DNA resulting in the identification of an individual's patterned chemical structure of genetic information.
73 Del. Laws, c. 160, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 33. TRIAL JURORS › § 3301. Examination upon voir dire in capital cases.

§ 3301. Examination upon voir dire in capital cases.
When a juror is called in a capital case, the juror shall be first sworn or affirmed upon the voir dire and then asked, under the direction of the court, if the juror has formed or expressed any opinion in regard to the guilt or innocence of the prisoner at the bar. If the answer is in the negative, the juror shall be sworn as a juror in the case, unless the juror has conscientious scruples against finding a verdict of guilty in a case where the punishment is death, even if the evidence should so warrant, or unless the juror shall be peremptorily challenged, challenged for cause or excused by consent of counsel on both sides. If the juror's answer to the question be in the affirmative, the juror shall be disqualified to sit in the case, unless the juror shall say, upon oath or affirmation, to the satisfaction of the court, that the juror feels able, notwithstanding such an opinion, to render an impartial verdict upon the law and the evidence, in which event the juror shall be a competent juror, if not otherwise disqualified, challenged or excused.
17 Del. Laws, c. 221;  Code 1915, §  4823;  Code 1935, §  5312;  11 Del. C. 1953, §  3301;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 35. WITNESSES AND EVIDENCE › Subchapter I. General Provisions › § 3501. Testimony of accused persons.

§ 3501. Testimony of accused persons.
Every person who is accused of any crime whatsoever, punishable by the laws of this State, may upon trial before any tribunal established by the Constitution or laws of this State, testify in the person's own behalf, and may testify for or against any other person jointly tried with the person. A refusal or failure to testify shall not be construed or commented upon as an indication of guilt.
19 Del. Laws, c. 777;  Code 1915, §  4215;  Code 1935, §  4690;  11 Del. C. 1953, §  3501;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 35. WITNESSES AND EVIDENCE › Subchapter I. General Provisions › § 3502. Testimonial immunity.

§ 3502. Testimonial immunity.
(a) A party to an offense under Chapter 15 of this title may be required to furnish evidence, or to testify concerning the offense.
(b) No evidence or testimony required to be furnished under this section, nor any information directly or indirectly derived from such evidence or testimony, may be used against the witness in any criminal case, except in a prosecution for perjury or contempt.
(c) If a witness or other person is or may be called to produce evidence at a hearing or trial under Chapter 15 of this title, or at an investigation brought by the Attorney General under § 1509 of this title, the Superior Court for the county in which the hearing, trial or investigation is or may be held shall, upon certification in writing of such request by the Attorney General, require such person to produce the evidence, notwithstanding the person's refusal to do so on the basis of the privilege against self-incrimination.
65 Del. Laws, c. 493, §  3;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 35. WITNESSES AND EVIDENCE › Subchapter I. General Provisions › § 3503. Prima facie evidence of bank incorporation.

§ 3503. Prima facie evidence of bank incorporation.
In criminal proceedings it shall be prima facie evidence of the incorporation of a bank that it has been reputed to be an incorporated bank or has issued notes as a bank.
Code 1852, §  2350;  Code 1915, §  4227;  Code 1935, §  4702;  11 Del. C. 1953, §  3503;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 35. WITNESSES AND EVIDENCE › Subchapter I. General Provisions › § 3504. Proof of possession of property.

§ 3504. Proof of possession of property.
In the prosecution of any offense committed upon, in relation to or in any way affecting any real estate, or personal property, chose in action or thing, it is sufficient if it is proved in the trial that, at the time when the offense was committed, either the actual or constructive possession, or the general or special property, in the whole, or any part thereof, was in the person or community, alleged in the indictment or information to be the owner thereof.
Code 1852, §  2967;  Code 1915, §  4834;  Code 1935, §  5325;  11 Del. C. 1953, §  3505;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 35. WITNESSES AND EVIDENCE › Subchapter I. General Provisions › § 3506. Obtaining of testimony under court order; witness immunity.

§ 3506. Obtaining of testimony under court order; witness immunity.
(a) In any criminal action or in any investigation carried on by the grand jury, if a person refuses to answer any question or to produce evidence of any kind solely on the ground that the person may thereby be incriminated, the Superior Court, upon motion of the Attorney General, may order such person to answer the question or produce the evidence after notice to the witness and a hearing; provided, however, the Court shall not enter such order if the Court finds:
(1) That such person may be subjected to criminal prosecution relating to the same transaction or occurrence under the laws of the United States or any other state and that any such evidence so compelled could be used against the person in any such prosecution; or
(2) Such order would otherwise be clearly contrary to the public interest.
Such person, so ordered by the Court, shall comply with the Court order. After complying, such person shall not be prosecuted or subjected to penalty or forfeiture for or on account of any transaction, matter or thing concerning which, in accordance with the order, the person gave answer or produced evidence; provided that, but for this section, such person would have been privileged to withhold the answer given or the evidence produced. In no event, however, shall such person, acting pursuant to such order, be exempt from prosecution or penalty or forfeiture for any perjury, false statement or contempt committed in answering or failing to answer, or in producing or failing to produce evidence in accordance with the order, and any testimony or evidence so given or produced shall not by virtue of this section be rendered inadmissible in evidence upon any criminal action, investigation or proceeding concerning such perjury, false statement or contempt.
(b) No statement or other evidence obtained from any person who shall have been compelled to make such statement or produce such evidence by any court of competent jurisdiction of the United States or of any other state pursuant to a claim of privilege and court order under a statute substantially equivalent to subsection (a) of this section shall be admissible in evidence in any criminal prosecution in this State against such person arising out of the same transaction or occurrence.
11 Del. C. 1953, §  3508;  56 Del. Laws, c. 151;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 35. WITNESSES AND EVIDENCE › Subchapter I. General Provisions › § 3507. Use of prior statements as affirmative evidence.

§ 3507. Use of prior statements as affirmative evidence.
(a) In a criminal prosecution, the voluntary out-of-court prior statement of a witness who is present and subject to cross-examination may be used as affirmative evidence with substantive independent testimonial value.
(b) The rule in subsection (a) of this section shall apply regardless of whether the witness' in-court testimony is consistent with the prior statement or not. The rule shall likewise apply with or without a showing of surprise by the introducing party.
(c) This section shall not be construed to affect the rules concerning the admission of statements of defendants or of those who are codefendants in the same trial. This section shall also not apply to the statements of those whom to cross-examine would be to subject to possible self-incrimination.
11 Del. C. 1953, §  3509;  57 Del. Laws, c. 525.;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 35. WITNESSES AND EVIDENCE › Subchapter I. General Provisions › § 3508. Rape — Sufficiency of evidence; proceedings in camera.

§ 3508. Rape — Sufficiency of evidence; proceedings in camera.
(a) In any prosecution for the crime of any degree of rape, unlawful sexual intercourse, unlawful sexual penetration or unlawful sexual contact; an attempt to commit any degree of rape, unlawful sexual intercourse, unlawful sexual penetration or unlawful sexual contact, if such attempt conforms to § 531 of this title; solicitation for the crime of any degree of rape, unlawful sexual intercourse, unlawful sexual penetration or unlawful sexual contact, if such offense conforms to § 502 of this title; or conspiracy to commit any degree of rape, unlawful sexual intercourse, unlawful sexual penetration or unlawful sexual contact, if such offense conforms to § 512 of this title, if evidence of the sexual conduct of the complaining witness is offered to attack the credibility of the complaining witness the following procedure shall be followed:
(1) The defendant shall make a written motion to the court and prosecutor stating that the defense has an offer of proof concerning the relevancy of evidence of the sexual conduct of the complaining witness which the defendant proposes to present, and the relevancy of such evidence in attacking the credibility of the complaining witness.
(2) The written motion shall be accompanied by an affidavit in which the offer of proof shall be stated.
(3) If the court finds that the offer of proof is sufficient, the court shall order a hearing out of the presence of the jury, if any, and at such hearing allow the questioning of the complaining witness regarding the offer of proof made by the defendant.
(4) At the conclusion of the hearing, if the court finds that evidence proposed to be offered by the defendant regarding the sexual conduct of the complaining witness is relevant, and is not inadmissible, the court may issue an order stating what evidence may be introduced by the defendant, and the nature of the questions to be permitted. The defendant may then offer evidence pursuant to the order of the court.
(b) As used in this section, “complaining witness” shall mean the alleged victim of any degree of rape, unlawful sexual intercourse, unlawful sexual penetration or unlawful sexual contact, any degree of attempted rape, attempted unlawful sexual intercourse, attempted unlawful sexual penetration or attempted unlawful sexual contact, conspiracy or assault.
60 Del. Laws, c. 257, §  1;  66 Del. Laws, c. 269, §§  3-5;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 285, §  2;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 35. WITNESSES AND EVIDENCE › Subchapter I. General Provisions › § 3509. Rape — Admissibility of certain evidence.

§ 3509. Rape — Admissibility of certain evidence.
(a) Notwithstanding any other provision of this Code to the contrary, and except as provided in this section, in any prosecution for any degree of rape, unlawful sexual intercourse, unlawful sexual penetration or unlawful sexual contact, any opinion evidence, reputation evidence and evidence of specific instances of the complaining witness' sexual conduct, or any of such evidence, is not admissible by the defendant in order to prove consent by the complaining witness.
(b) This section, however, shall not be applicable to evidence of the complaining witness' sexual conduct with the defendant.
(c) If the prosecutor introduces evidence, including testimony of a witness, or the complaining witness as a witness gives testimony, and such evidence or testimony relates to the complaining witness' sexual conduct, the defendant may cross-examine the witness who gives such testimony and offer relevant evidence limited specifically to the rebuttal of such evidence introduced by the prosecutor or given by the complaining witness.
(d) Nothing in this section shall be construed to make inadmissible any evidence offered to attack the credibility of the complaining witness as provided in § 3508 of this title.
(e) As used in this section, “complaining witness” shall mean the alleged victim of the crime charged, the prosecution of which is subject to this section.
60 Del. Laws, c. 257, §  1;  66 Del. Laws, c. 269, §  6;  71 Del. Laws, c. 285, §  2;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 35. WITNESSES AND EVIDENCE › Subchapter I. General Provisions › § 3510. Admissibility of certificate of title in criminal proceedings involving motor vehicles.

§ 3510. Admissibility of certificate of title in criminal proceedings involving motor vehicles.
In any criminal proceeding in which ownership, possession or use of a motor vehicle is an issue, a certified copy of the certificate of title on file with the Division of Motor Vehicles shall be admissible as proof of ownership of the motor vehicle.
64 Del. Laws, c. 276, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 35. WITNESSES AND EVIDENCE › Subchapter I. General Provisions › § 3511. Videotaped deposition and procedures for child witnesses.

§ 3511. Videotaped deposition and procedures for child witnesses.
(a) In any criminal case or hearing on delinquency, upon motion of the Deputy Attorney General prior to trial and with notice to the defense, the court may order all questioning of any witnesses under the age of 12 years to be videotaped in a location designated by the court. Persons present during the videotaping shall include the witness, the Deputy Attorney General, the defendant's attorney and any person whose presence would contribute to the welfare and well-being of the witness, and if the court permits, the person necessary for operating the equipment. Only the attorneys or a defendant acting pro se may question the child. The court shall permit the defendant to observe and hear the videotaping of the witness in person or, upon motion by the State, the court may exclude the defendant providing the defendant is able to observe and hear the witness and communicate with the defense attorney. The court shall ensure that:
(1) The recording is both visual and oral and is recorded on film or videotape or by other electronic means;
(2) The recording equipment was capable of making an accurate recording, the operator was competent to operate such equipment and the recording is accurate and is not altered;
(3) Each voice on the recording is identified;
(4) Each party is afforded an opportunity to view the recording before it is shown in the courtroom.
(b) If the court orders testimony of a witness taken under this section, the witness may not be compelled to testify in court at the trial or upon any hearing for which the testimony was taken. At the trial or upon any hearing, a part or all of the videotaped deposition, so far as otherwise admissible under the rules of evidence, may be used as substantive evidence. If only a part of a deposition is offered in evidence by a party, an adverse party may require the party to offer all of it which is relevant to the part offered and any party may offer other parts. Objections to deposition testimony or evidence or parts thereof and the grounds for the objection shall be stated at the time of the taking of the deposition.
(c) The witness need not be physically present in the courtroom when the videotape is admitted into evidence.
(d) The cost of such videotaping shall be paid by the court.
(e) Videotapes which are part of the court record are subject to a protective order of the court for the purpose of protecting the privacy of the witness.
65 Del. Laws, c. 109, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 35. WITNESSES AND EVIDENCE › Subchapter I. General Provisions › § 3512. Presence of victims.

§ 3512. Presence of victims.
Any victim or the victim's immediate family shall have the right to be present during all stages of a criminal proceeding even if called upon to testify therein, unless good cause can be shown by the defendant to exclude them.
67 Del. Laws, c. 232, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 35. WITNESSES AND EVIDENCE › Subchapter I. General Provisions › § 3515. Admissibility of DNA profiles.

§ 3515. Admissibility of DNA profiles.
(a) Definitions. — In this section the following words have the meanings indicated.
(1) “Deoxyribonucleic acid (DNA)” means the molecules in all cellular forms that contain genetic information in a patterned chemical structure of each individual.
(2) “DNA profile” means an analysis that utilizes the restriction fragment length polymorphism analysis of DNA resulting in the identification of an individual's patterned chemical structure of genetic information.
(b) Purposes. — In any criminal proceeding, the evidence of a DNA profile is admissible to prove or disprove the identity of any person, if the party seeking to introduce the evidence of a DNA profile:
(1) Notifies in writing the other party or parties by mail at least 45 days before any criminal proceeding; and
(2) Provides, if requested in writing, the other party or parties at least 30 days before any criminal proceeding with:
a. Duplicates of the actual autoradiographs generated;
b. The laboratory protocols and procedures;
c. The identification of each probe utilized;
d. A statement describing the methodology of measuring fragment size and match criteria; and
e. A statement setting forth the allele frequency and genotype data for the appropriate database utilized.
(c) Prerequisites. — If a party is unable to provide the information required under subsection (b) of this section at least 30 days prior to the criminal proceeding, the court may grant a continuance to permit such timely disclosures as justice may require.
69 Del. Laws, c. 249, §  2;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 35. WITNESSES AND EVIDENCE › Subchapter II. Uniform Law to Secure the Attendance of Witnesses from Without a State in Criminal Proceedings › § 3521. Definitions.

§ 3521. Definitions.
As used in this subchapter:
(1) “State” includes any territory of the United States and District of Columbia.
(2) “Summons” includes a subpoena, order or other notice requiring the appearance of a witness.
(3) “Witness” includes a person whose testimony is desired in any proceeding or investigation by a grand jury or in any criminal proceeding.
41 Del. Laws, c. 214, §  1;  11 Del. C. 1953, §  3521;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 35. WITNESSES AND EVIDENCE › Subchapter II. Uniform Law to Secure the Attendance of Witnesses from Without a State in Criminal Proceedings › § 3523. Testimony in this State.

§ 3523. Testimony in this State.
(a) If a person in any state, which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions or grand jury investigations commenced or about to commence in this State, is a material witness in a prosecution pending in a court of record in this State or in a grand jury investigation which has commenced or is about to commence, a judge of such court may issue a certificate under the seal of the court stating these facts and specifying the number of days the witness will be required. The certificate may include a recommendation that the witness be taken into immediate custody and delivered to an officer of this State to assure attendance in this State. This certificate shall be presented to a judge of a court of record in the county in which the witness is found.
(b) If the witness is summoned to attend and testify in this State the witness shall be tendered the sum of 10 cents a mile for each mile by the ordinarily traveled route to and from the court where the prosecution is pending and $5.00 for each day that the witness is required to travel and attend as a witness. A witness who has appeared in accordance with the summons shall not be required to remain within this State a longer period of time than the period mentioned in the certificate, unless otherwise ordered by the court. If such witness, after coming into this State, fails without good cause to attend and testify as directed in the summons, the witness shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this State.
41 Del. Laws, c. 214, §  3;  11 Del. C. 1953, §  3523;  70 Del. Laws, c. 186, §  1;