reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter VII. Offenses Against Public Health, Order and Decency › § 1472. Penalties.

§ 1472. Penalties.
(a) Any person convicted of conduct constituting a violation of § 1471(a), (b), (d), (e) or (l) of this title shall be guilty of a class A misdemeanor for a first offense and a class G felony for a second or subsequent conviction in this State or a state with a comparable criminal code section within 3 years of a first offense.
(b) Any person convicted of conduct constituting a violation of § 1471(c), (f), (g), (h), (i), or (j) of this title shall be guilty of:
(1) A class A misdemeanor if the amount involved is less than $1,500 or;
(2) A class G felony if the amount involved is $1,500 or more but not greater than $50,000;
(3) A class E felony if the amount involved is more than $50,000 but less than $100,000;
(4) A class C felony if the amount involved is $100,000 or more.
(c) Any person convicted of conduct constituting a violation of § 1471(k) of this title shall be guilty of a class G felony.
(d) Amounts involved pursuant to 1 scheme or course of conduct, whether from the same person or several persons, may be aggregated in determining the grade of the crime.
(e) Upon conviction, the sentencing judge shall require full restitution to the victim for any monetary losses suffered and shall consider the imposition of community service and/or an appropriate curfew for a minor.
(f) Any cheating devices, slugs, paraphernalia for the manufacturing of cheating devices or related materials used by the person shall be forfeited to the Delaware State Police, including vehicles used to store such devices or paraphernalia. The Courts of the Justices of the Peace shall have concurrent jurisdiction with the Court of Common Pleas for misdemeanor offenses under this subpart and the Superior Court shall have exclusive jurisdiction for felony offenses under this subchapter.
73 Del. Laws, c. 232, §  1;  77 Del. Laws, c. 221, §  4;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter VII. Offenses Against Public Health, Order and Decency › § 1473. Preclusions.

§ 1473. Preclusions.
Nothing in this subchapter shall be construed as to prohibit the prosecution for an offense in this subchapter and any other provision of Delaware law.
73 Del. Laws, c. 232, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter VII. Offenses Against Public Health, Order and Decency › § 1474. Detention and questioning of person suspected of violating § 1471 of this title; limitations on liability; posting of notice.

§ 1474. Detention and questioning of person suspected of violating § 1471 of this title; limitations on liability; posting of notice.
(a) Any video lottery agent, licensee, or that video lottery agent's or licensee's officers, employees or agents may question any person at the video lottery agent's or licensee's video lottery facility suspected of violating any of the provisions of § 1471 of this title. No video lottery agent or any of that video lottery agent's officers, employees or agents is criminally or civilly liable:
(1) On account of any such questioning; or
(2) For reporting to the Delaware Lottery, Division of Gaming Enforcement or appropriate law-enforcement authorities the person suspected of the violation.
(b) Any video lottery agent or any of its officers, employees or agents who has probable cause for believing that there has been a violation of § 1471 of this title in a video lottery facility, including its parking areas and/or adjacent facilities, by any person may take that person into custody and detain that person in the video lottery facility in a reasonable manner and for a reasonable length of time while awaiting the arrival of law-enforcement officials, who shall be summoned without delay. Such a taking into custody and detention does not render the video lottery agent or that video lottery agent's officers, employees or agents criminally or civilly liable unless it is established by clear and convincing evidence that the taking into custody and detention are unreasonable under all the circumstances.
(c) No video lottery agent or its officers, employees or agents is entitled to the immunity from liability provided for in subsection (b) of this section unless there is displayed in a conspicuous place in the video lottery facility a notice in boldface type clearly legible and in substantially this form:
“Any video lottery agent, or any of that video lottery agent's officers, employees or agents who has probable cause for believing that any person has violated any provision of § 1471 of Title 11 may detain that person in this facility.”
77 Del. Laws, c. 221, §  5;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 15. ORGANIZED CRIME AND RACKETEERING › § 1501. Statement of purpose.

§ 1501. Statement of purpose.
The purpose of this chapter is to guard against and prevent the infiltration and illegal acquisition of legitimate economic enterprises by racketeering practices, and the use and exploitation of both legal and illegal enterprises to further criminal activities. This chapter is intended to apply to conduct beyond what is traditionally regarded as “organized crime” or “racketeering.”
65 Del. Laws, c. 493, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 15. ORGANIZED CRIME AND RACKETEERING › § 1503. Violations.

§ 1503. Violations.
(a) It shall be unlawful for any person employed by, or associated with, any enterprise to conduct or participate in the conduct of the affairs of the enterprise through a pattern of racketeering activity or collection of an unlawful debt.
(b) It is unlawful for any person, through a pattern of racketeering activity or proceeds derived therefrom, to acquire or maintain, directly or indirectly, any interest in or control of any enterprise, real property or personal property, of any nature, including money.
(c) It is unlawful for any person who has received any proceeds derived, directly or indirectly, from a pattern of racketeering activity in which such person has participated, to use or invest, directly or indirectly, any part of such proceeds or any proceeds derived from the investment or use thereof, in the acquisition of any interest in, or the establishment or operation of, any enterprise or real property.
(d) It is unlawful for any person to conspire or attempt to violate any of the provisions of subsection (a), (b) or (c) of this section.
65 Del. Laws, c. 493, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 15. ORGANIZED CRIME AND RACKETEERING › § 1506. Forfeiture proceedings.

§ 1506. Forfeiture proceedings.
(a) The Attorney General is authorized to institute and conduct any proceedings under this chapter for the forfeiture of real or personal property to the State. All property of every kind used or intended for use in the course of, derived from, or realized through a pattern of racketeering conduct is subject to forfeiture to the State. Forfeiture shall be by means of a procedure which may be known and referred to as a “R.I.C.O. forfeiture proceeding.”
(b) A R.I.C.O. forfeiture proceeding under this chapter may be commenced before or after seizure of the property. If the complaint is filed before seizure, it shall state what property is sought to be forfeited; that the property is within the jurisdiction of the Court; the grounds for forfeiture; and the name of each person known to have or claim an interest in the property.
(c) To the extent that property which has been forfeited under this chapter cannot be located; has been transferred, sold or deposited with third parties; or has been placed beyond the jurisdiction of the State, the Attorney General may institute and conduct any proceedings to retrieve such property as are necessary and appropriate, including forfeiture of any other property of the defendant up to the value of the property that is unreachable.
(d) No person convicted under this chapter nor any person acting in concert with or on behalf of the person shall be eligible to purchase forfeited property from the State. The interests of an innocent party in the property shall not be subject to forfeiture.
(e) The Court may, upon such terms and conditions as it deems appropriate, order that the property be sold by an innocent party who holds a lien on, or security interest in, the property at any time during the proceedings. Any proceeds from such sale, over and upon the amount necessary to satisfy the lien or security interest, shall be paid into the court pending final judgment in the forfeiture proceeding. No such sale shall be ordered, however, unless the obligation upon which the lien or security interest is based is in default.
(f) The proceeds of any sale or other disposition of forfeited property imposed under this chapter, whether by final judgment, settlement or otherwise, shall be applied in the following order:
(1) To the fees and costs of the forfeiture and sale, including expenses of seizure, maintenance and custody of the property pending its disposition, advertising and court costs;
(2) If any funds remain, then to all costs and expenses of investigation and prosecution, including costs of resources and personnel incurred in investigation and prosecution;
(3) If any funds remain, then the remainder or $1,000, whichever is less, to the Crime Victim Compensation Fund;
(4) If any funds remain, to the Special Law Enforcement Assistance Fund, or its successor; or if no such fund is in existence, to the fund which is dedicated entirely to law enforcement.
65 Del. Laws, c. 493, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 15. ORGANIZED CRIME AND RACKETEERING › § 1508. Term of lien notice.

§ 1508. Term of lien notice.
(a) The term of a racketeering lien notice shall be for a period of 6 years from the date of filing, unless a renewal lien notice has been filed; and, in such case, the term of the renewal lien notice shall be for a period of 6 years from the date of its filing. The State shall be entitled to only 1 renewal of a specific racketeering lien notice.
(b) The Attorney General may release, in whole or in part, any racketeering lien notice or may release any specific real property or beneficial interest from a lien notice upon such terms and conditions as the Attorney General, or the Court, may determine. Any release of a racketeering lien notice executed by the Attorney General may be filed in the official records of any county. No charge or fee shall be imposed for the filing of any release of a racketeering lien notice.
(c) If no civil proceeding has been instituted by the Attorney General, seeking a forfeiture of any property owned by the person named in the racketeering lien notice, the acquittal in the criminal proceeding of such person named in the lien notice or the dismissal of the criminal proceeding, shall terminate the lien notice; and, in such case, the filing of the racketeering lien notice shall have no effect. Where a civil proceeding has been instituted, and the criminal proceeding has been dismissed, or the person named in the racketeering lien notice has been acquitted in the criminal proceeding, the lien notice shall continue for the duration of the civil proceeding.
(d) If no civil proceeding is then pending against the person named in a R.I.C.O. lien notice, any person named in the lien notice may institute a civil action against the State, seeking a release or extinguishment of the State's lien. Notice of such civil action shall be filed in the county where the lien notice was filed.
65 Del. Laws, c. 493, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 15. ORGANIZED CRIME AND RACKETEERING › § 1511. Use of property and funds for law-enforcement purposes.

§ 1511. Use of property and funds for law-enforcement purposes.
(a) All cash, bonds and other funds forfeited to the State in accordance with this chapter which remain after distribution pursuant to § 1506(f) of this title shall be deposited into the Special Law Enforcement Assistance Fund [§ 4110 et seq. of this title].
(b) Personalty forfeited to the State which is not cash or currency shall not be sold or otherwise converted until the Attorney General determines, in writing, that such personalty cannot be used for law-enforcement related purposes. If the Attorney General determines that there is a law-enforcement use for such personalty, the personalty shall become state property and the Department of Justice shall have the right of first refusal.
65 Del. Laws, c. 493, §  1;  73 Del. Laws, c. 94, §  21;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 17. GENERAL PROVISIONS › § 1701. Benefit of clergy.

§ 1701. Benefit of clergy.
The benefit of clergy shall not exist within this State.
Code 1852, §  2956;  Code 1915, §  4824;  Code 1935, §  5313;  11 Del. C. 1953, §  1701;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 17. GENERAL PROVISIONS › § 1702. Information against organization; process.

§ 1702. Information against organization; process.
Whenever an organization is informed against in a criminal proceeding, process shall be issued against such organization in the usual form and shall be served upon such organization in the same manner as process is served upon organizations in civil cases. An organization so served with process shall appear by an attorney in the court out of which such process has been issued by the time of the return of such writ, or upon motion of the Attorney General, final judgment shall be given against it upon the information.
Code 1915, §  4818A;  28 Del. Laws, c. 247;  Code 1935, §  5319;  11 Del. C. 1953, §  1702;  74 Del. Laws, c. 71, §§  1, 2;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 19. ARREST AND COMMITMENT; FRESH PURSUIT › Subchapter I. Arrest and Commitment › § 1901. Definitions.

§ 1901. Definitions.
As used in this subchapter:
(1) “Arrest” is the taking of a person into custody in order that the person may be forthcoming to answer for the commission of a crime.
(2) “Peace officer” is any public officer authorized by law to make arrests in a criminal case. Sheriffs and sheriff deputies are not authorized by law to make arrests in criminal cases.
Code 1935, §§  5343-A;  48 Del. Laws, c. 304;  11 Del. C. 1953, §  1901;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 266, §  2;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 19. ARREST AND COMMITMENT; FRESH PURSUIT › Subchapter I. Arrest and Commitment › § 1902. Questioning and detaining suspects.

§ 1902. Questioning and detaining suspects.
(a) A peace officer may stop any person abroad, or in a public place, who the officer has reasonable ground to suspect is committing, has committed or is about to commit a crime, and may demand the person's name, address, business abroad and destination.
(b) Any person so questioned who fails to give identification or explain the person's actions to the satisfaction of the officer may be detained and further questioned and investigated.
(c) The total period of detention provided for by this section shall not exceed 2 hours. The detention is not an arrest and shall not be recorded as an arrest in any official record. At the end of the detention the person so detained shall be released or be arrested and charged with a crime.
Code 1935, §§  5343-B;  48 Del. Laws, c. 304;  11 Del. C. 1953, §  1902;  56 Del. Laws, c. 152, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 19. ARREST AND COMMITMENT; FRESH PURSUIT › Subchapter I. Arrest and Commitment › § 1903. Searching questioned person for weapon.

§ 1903. Searching questioned person for weapon.
A peace officer may search for a dangerous weapon any person whom the officer has stopped or detained to question as provided in § 1902 of this title, whenever the officer has reasonable ground to believe that the officer is in danger if the person possesses a dangerous weapon. If the officer finds a weapon, the officer may take and keep it until the completion of the questioning, when the officer shall either return it or arrest the person. The arrest may be for the illegal possession of the weapon.
Code 1935, §  5343C;  48 Del. Laws, c. 304;  11 Del. C. 1953, §  1903;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 19. ARREST AND COMMITMENT; FRESH PURSUIT › Subchapter I. Arrest and Commitment › § 1905. Validity of arrest on improper grounds.

§ 1905. Validity of arrest on improper grounds.
If a lawful cause of arrest exists, the arrest is lawful even though the officer charges the wrong offense or gives a reason that does not justify the arrest.
Code 1935, §§  5343-G;  48 Del. Laws, c. 304;  11 Del. C. 1953, §  1907;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 19. ARREST AND COMMITMENT; FRESH PURSUIT › Subchapter I. Arrest and Commitment › § 1906. Possession and display of warrant.

§ 1906. Possession and display of warrant.
An arrest by a peace officer acting under a warrant is lawful even though the officer does not have the warrant in possession at the time of the arrest, but, if the person arrested so requests, the warrant shall be shown to the person as soon as practicable.
Code 1935, §§  5343-H;  48 Del. Laws, c. 304;  11 Del. C. 1953, §  1908;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 19. ARREST AND COMMITMENT; FRESH PURSUIT › Subchapter I. Arrest and Commitment › § 1907. Summons instead of arrest; form; penalty for nonappearance.

§ 1907. Summons instead of arrest; form; penalty for nonappearance.
(a) In any case in which it is lawful for a peace officer to arrest without a warrant a person for a misdemeanor, the officer may, but need not, give the person a written summons in substantially the following form:
Violator's Last Name
First
Middle
O.C.PNo.
Birth Date
Sex M F
No. and Street
City
State
ColorW B O
Occupation
Owner's Name
First
Middle
State Tag No.
Address
Specific Offense
Sec. No.
DateTime  M.
Acc.Yes  No
Hundred
County
Route No.
Exact Location
S K NC
Magistrate
Arresting Officer
Date of Trial
Troop
Time
Address
You are hereby directed to appear at the time and place designated above to stand trial for the offense indicated. A failure to obey this summons may result in fine or imprisonment, or both.
Final Disposition of Upper Court
Remarks
TRAFFIC ARREST REPORT DELAWARE STATE POLICE
(b) If the person fails to appear in answer to the summons, or if there is reasonable cause to believe that the person will not appear, a warrant for the person's arrest may issue.
(c) Whoever wilfully fails to appear in answer to the summons may be fined not more than $100 or imprisoned for not more than 30 days, or both.
Code 1935, §§  5343-I;  48 Del. Laws, c. 304;  11 Del. C. 1953, §  1909;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 19. ARREST AND COMMITMENT; FRESH PURSUIT › Subchapter I. Arrest and Commitment › § 1908. Release of person arrested without warrant.

§ 1908. Release of person arrested without warrant.
(a) Any officer in charge of a police department or any officer delegated by the officer may release, instead of taking before a magistrate, any person who has been arrested without a warrant by an officer of that department whenever:
(1) The officer is satisfied either that there is no ground for making a criminal complaint against the person and no further proceedings are desirable; or
(2) The person was arrested for a misdemeanor and has signed an agreement to appear in court at a time designated, if the officer is satisfied that the person is a resident of the State and will appear in court at the time designated.
(b) A person released as provided in this section shall have no right to sue on the ground that the person was released without being brought before a magistrate.
Code 1935, §§  5343-J;  48 Del. Laws, c. 304;  11 Del. C. 1953, §  1910;  57 Del. Laws, c. 694, §  2;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 19. ARREST AND COMMITMENT; FRESH PURSUIT › Subchapter I. Arrest and Commitment › § 1909. Hearing without delay; permissible delay.

§ 1909. Hearing without delay; permissible delay.
(a) If not otherwise released, every person arrested shall be brought before a magistrate without unreasonable delay, and in any event the person shall, subject to the limitations contained in subsection (b) of this section below, be so brought within 24 hours of arrest, unless the court, for good cause shown, orders that person be held for a further period not to exceed 48 hours.
(b) Persons unable to knowingly and intelligently participate in the presentment proceedings because of incapacitation as a result of the consumption of alcohol or the use of drugs may, until such time as they are able to meaningfully participate in those proceedings, be held in police custody or be temporarily committed with bail and conditions of release to the custody of the Department of Correction on order of and following a determination of incapacitation by a magistrate. This temporary holding or commitment should not exceed 12 hours from the time of commitment until presentment, unless the court, for good cause shown, orders that person be held for a further period not to exceed 24 additional hours.
Code 1935, §§  5343-K;  48 Del. Laws, c. 304;  11 Del. C. 1953, §  1911;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 257, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 19. ARREST AND COMMITMENT; FRESH PURSUIT › Subchapter I. Arrest and Commitment › § 1910. Identification of witness.

§ 1910. Identification of witness.
Whenever a peace officer has reasonable ground to believe that a crime has been committed, the officer may stop any person who the officer has reasonable ground to believe was present thereat and may demand the person's name and address. If the person fails to give identification to the satisfaction of the officer, the officer may take the person forthwith before a magistrate. If the person fails to give identification to the satisfaction of the magistrate, the latter may require the person to furnish bond or may commit the person to jail until the person so gives identification.
Code 1935, §§  5343-L;  48 Del. Laws, c. 304;  11 Del. C. 1953, §  1912;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 19. ARREST AND COMMITMENT; FRESH PURSUIT › Subchapter I. Arrest and Commitment › § 1912. Federal law-enforcement officers; authority; immunity.

§ 1912. Federal law-enforcement officers; authority; immunity.
A sworn federal law-enforcement officer, who in an official capacity is authorized by law to make arrests, shall have the same legal status and immunity from suit in this State as a member of the Delaware State Police when making an arrest in this State concerning a nonfederal crime, only if:
(1) The federal officer reasonably believes that the person arrested has committed or is committing a felony in the officer's presence; or
(2) The federal officer is rendering assistance to a peace officer of this State in an emergency or at the request of the peace officer.
64 Del. Laws, c. 354, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 19. ARREST AND COMMITMENT; FRESH PURSUIT › Subchapter I. Arrest and Commitment › § 1913. Release and publication of the name and photograph of a juvenile.

§ 1913. Release and publication of the name and photograph of a juvenile.
(a) As used in this section:
(1) “Juvenile” means a child 17 years of age or younger.
(2) “Law-enforcement officer” means as defined in § 222 of this title.
(3) “Law-enforcement agency” means any agency employing law-enforcement officers.
(4) “Mugshot” means a photograph of a suspect's face or profile.
(5) “Name of juvenile” means the name of a juvenile who has been arrested or suspected of committing a crime.
(6) “Photograph of a juvenile” means any image depicting a juvenile who has been arrested or suspected of committing a crime. “Photograph of a juvenile” includes a mugshot.
(7) “Publish” means to disseminate to the public or produce or release for distribution. “Publish” includes to display on any publicly-maintained social media page or website.
(8) “Release” means to make available or accessible to the public.
(9) “Violent felony” means as defined in § 4201 of this title.
(b) No law-enforcement agency shall release or publish or cause to be released or published the name of a juvenile or a photograph of a juvenile unless all of the following apply:
(1) The juvenile is charged with a violent felony.
(2) Release or publication of the photograph or name of the juvenile is necessary to protect the public's safety.
83 Del. Laws, c. 262, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 19. ARREST AND COMMITMENT; FRESH PURSUIT › Subchapter II. Fresh Pursuit › § 1931. Definitions.

§ 1931. Definitions.
As used in this subchapter:
“Fresh pursuit” includes fresh pursuit as defined by the common law, and also the pursuit of a person who has committed a felony or a misdemeanor or a violation of the Motor Vehicle Code of this State or who is reasonably suspected of having committed a felony or a misdemeanor or a violation of the Motor Vehicle Code of this State, and also includes the pursuit of a person suspected of having committed a supposed felony or misdemeanor or violation of the Motor Vehicle Code of the State though no violation of the law has actually been committed, if there is reasonable grounds for believing that a violation of the law has been committed; however, fresh pursuit as used in this subchapter does not necessarily imply instant pursuit, but pursuit without unreasonable delay.
41 Del. Laws, c. 216, §  5;  11 Del. C. 1953, §  1931;  56 Del. Laws, c. 154, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 19. ARREST AND COMMITMENT; FRESH PURSUIT › Subchapter II. Fresh Pursuit › § 1932. Arrest by out-of-state police.

§ 1932. Arrest by out-of-state police.
(a) Any member of a duly organized state, county or municipal peace unit of another state of the United States who enters this State in fresh pursuit, and continues within this State in such fresh pursuit, of a person in order to arrest the person on the ground that the person is believed to have committed a felony, a misdemeanor or a violation of the motor vehicle code in such other state, shall have the same authority to arrest and hold such person in custody, as has any member of any duly organized state, county or municipal peace unit of this State, to arrest and hold in custody a person on the ground that the person is believed to have committed a felony, a misdemeanor or a violation of the Motor Vehicle Code in this State.
(b) This section shall not be construed so as to make unlawful any arrest in this State which would otherwise be lawful.
41 Del. Laws, c. 216, §§  1, 3;  11 Del. C. 1953, §  1932;  56 Del. Laws, c. 154, §  2;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 19. ARREST AND COMMITMENT; FRESH PURSUIT › Subchapter II. Fresh Pursuit › § 1933. Hearing before justice of the peace; waiver of extradition.

§ 1933. Hearing before justice of the peace; waiver of extradition.
If an arrest is made in this State by an officer of another state in accordance with § 1932 of this title, the officer shall without unnecessary delay take the person arrested before a justice of the peace of the county in which the arrest was made, who shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If the justice of the peace determines that the arrest was lawful the justice of the peace shall commit the person arrested to await for a reasonable time the issuance of an extradition warrant by the Governor of this State, or admit the person to bail for such purpose. If the justice of the peace determines that the arrest was unlawful the justice of the peace shall discharge the person arrested.
If the person so arrested waives extradition in the manner provided by law, upon the filing of the waiver at the central office or headquarters of any local, county or state police, or at the local office of the Attorney General, the officer having the arrested person in charge may forthwith take the person from this State to the state where the arrested person is wanted for having committed the felony.
41 Del. Laws, c. 216, §  2;  11 Del. C. 1953, §  1933;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 19. ARREST AND COMMITMENT; FRESH PURSUIT › Subchapter II. Fresh Pursuit › § 1934. Short title.

§ 1934. Short title.
This subchapter may be cited as the “Uniform Law on Fresh Pursuit.”
41 Del. Laws, c. 216, §  8;  11 Del. C. 1953, §  1934;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 19. ARREST AND COMMITMENT; FRESH PURSUIT › Subchapter II. Fresh Pursuit › § 1935. Fresh pursuit by county, municipal, town and other peace units.

§ 1935. Fresh pursuit by county, municipal, town and other peace units.
Any peace officer of a duly organized county, municipal, town, interstate bridge or university peace unit or a law-enforcement officer of the Department of Natural Resources and Environmental Control, but not county sheriffs or their deputies, may carry out fresh pursuit of any person anywhere within this State, regardless of the original territorial jurisdiction of such officer, in order to arrest such person pursued, when there is reasonable grounds to suspect that a felony, misdemeanor, or violation of the Motor Vehicle Code has been committed in this State by such person.
11 Del. C. 1953, §  1935;  56 Del. Laws, c. 154, §  3;  66 Del. Laws, c. 304, §  1;  70 Del. Laws, c. 105, §  14;  78 Del. Laws, c. 266, §  4;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 19. ARREST AND COMMITMENT; FRESH PURSUIT › Subchapter III. Police Mutual Aid Agreements › § 1941. Short title.

§ 1941. Short title.
This subchapter may be cited as the “Police Mutual Assistance Act.”
11 Del. C. 1953, §  1941;  57 Del. Laws, c. 433;  75 Del. Laws, c. 36, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 19. ARREST AND COMMITMENT; FRESH PURSUIT › Subchapter III. Police Mutual Aid Agreements › § 1942. Definitions.

§ 1942. Definitions.
As used in this subchapter:
(1) “Emergency” means any such circumstance which, in the judgment of the principal law-enforcement officer of the requesting jurisdiction, requires additional police assistance, and shall include such planned or anticipated or scheduled events that, in the judgment of the principal law-enforcement officer of the requesting jurisdiction, will require additional police resources beyond the reasonable capacity of the requesting jurisdiction. The governing body of a jurisdiction may determine the circumstances under which police officers of its jurisdiction, together with all necessary equipment, may lawfully go or be sent beyond the territorial limits of its jurisdiction to any point within or without the State.
(2) “Jurisdiction” means a recognized geographic area such as a county, incorporated municipality or the legislatively defined area of responsibility of the Delaware River and Bay Authority or the Department of Safety and Homeland Security or the Department of Natural Resources and Environmental Control and/or the University of Delaware and/or Delaware State University in which the governing body and its police have the authority, capacity, power and right to enforce laws.
(3) “Mutual assistance” means the provisions under this subchapter enabling the police of one jurisdiction to enter into another jurisdiction for purpose of rendering assistance upon the request of the other jurisdiction.
(4) “Police” includes all authorized law-enforcement personnel of a jurisdiction.
11 Del. C. 1953, §  1942;  57 Del. Laws, c. 433;  66 Del. Laws, c. 110, §  1;  66 Del. Laws, c. 306, §§  1, 2;  70 Del. Laws, c. 105, §§  15, 16;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 138, §§  2, 3;  72 Del. Laws, c. 367, §  1;  74 Del. Laws, c. 110, §  138;  75 Del. Laws, c. 36, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 19. ARREST AND COMMITMENT; FRESH PURSUIT › Subchapter III. Police Mutual Aid Agreements › § 1943. Use of police from other jurisdictions in emergencies.

§ 1943. Use of police from other jurisdictions in emergencies.
Whenever the necessity arises during an emergency, upon request, the police of one jurisdiction may, pursuant to this subchapter, lawfully enter into another jurisdiction for the purpose of assisting in meeting such emergency.
11 Del. C. 1953, §  1943;  57 Del. Laws, c. 433;  75 Del. Laws, c. 36, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 19. ARREST AND COMMITMENT; FRESH PURSUIT › Subchapter III. Police Mutual Aid Agreements › § 1944. Mutual assistance.

§ 1944. Mutual assistance.
(a) The police agency of a jurisdiction may in its discretion enter into agreements to provide mutual assistance for such periods as it deems advisable with any other jurisdiction within or without the State, including the District of Columbia. Such agreements must set forth the rights and obligations of the parties with respect to the mutual assistance contemplated under the agreement.
(b) [Repealed.]
11 Del. C. 1953, §  1944;  57 Del. Laws, c. 433;  66 Del. Laws, c. 110, §  2;  72 Del. Laws, c. 130, §  1;  75 Del. Laws, c. 36, §  1;  82 Del. Laws, c. 207, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 19. ARREST AND COMMITMENT; FRESH PURSUIT › Subchapter III. Police Mutual Aid Agreements › § 1945. Liability insurance.

§ 1945. Liability insurance.
The governing body of any jurisdiction in this State is authorized to procure or extend the necessary public liability insurance to cover claims arising out of mutual assistance to other jurisdictions.
11 Del. C. 1953, §  1945;  57 Del. Laws, c. 433;  66 Del. Laws, c. 110, §  3;  75 Del. Laws, c. 36, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 19. ARREST AND COMMITMENT; FRESH PURSUIT › Subchapter III. Police Mutual Aid Agreements › § 1946. Direction and authorization of activities.

§ 1946. Direction and authorization of activities.
(a) The principal law-enforcement officer on duty of a jurisdiction shall be responsible for directing the activities of all police coming into that officer's jurisdiction pursuant to this subchapter.
(b) The principal law-enforcement officer shall be empowered to authorize all police from a foreign jurisdiction to the same extent as if they were duly authorized law-enforcement officers of the jurisdiction.
11 Del. C. 1953, §  1946;  57 Del. Laws, c. 433;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 36, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 19. ARREST AND COMMITMENT; FRESH PURSUIT › Subchapter III. Police Mutual Aid Agreements › § 1947. Immunities; benefits.

§ 1947. Immunities; benefits.
Police, when acting outside their respective jurisdictions pursuant to mutual assistance, shall have all the immunities from liability and exemptions from law, ordinances and regulations and shall have all the pension, relief, disability workers' compensation and other benefits enjoyed by them while performing their respective duties within their own jurisdiction. Nothing in this subchapter shall be construed as in any way limiting the provisions of § 1911 of this title.
11 Del. C. 1953, §  1947;  57 Del. Laws, c. 433;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 36, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 20. Custodial Interrogations › Subchapter I. Uniform Electronic Recordation of Custodial Interrogations Act › § 2001. Short title.

§ 2001. Short title.
This subchapter may be cited as the “Uniform Electronic Recordation of Custodial Interrogations Act.”
83 Del. Laws, c. 260, § 1;  83 Del. Laws, c. 447, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 20. Custodial Interrogations › Subchapter I. Uniform Electronic Recordation of Custodial Interrogations Act › § 2002. Definitions.

§ 2002. Definitions.
For purposes of this subchapter:
(1) “Body-worn camera” means an electronic device that is worn by a law-enforcement officer and records audio and video data on the device itself or transmits audio and video data to another location for recording.
(2) “Crime” means defined as § 233 of this title.
(3) “Custodial interrogation” means questioning or other conduct by a law-enforcement officer which is reasonably likely to elicit an incriminating response from an individual and occurs when reasonable individuals in the same circumstances would consider themselves in custody.
(4) “Delinquent act” means an act committed by a child that, if committed by an adult, would constitute a crime.
(5) “Electronic recording” means an audio recording or an audio and video recording that accurately records a custodial interrogation. “Record electronically” and “recorded electronically” have a corresponding meaning.
(6) “Law-enforcement agency” means a governmental entity or individual authorized by a governmental entity or state law to enforce criminal laws or investigate suspected criminal activity. “Law-enforcement agency” does not include a law-enforcement officer.
(7) “Law-enforcement officer” means either of the following:
a. An individual employed by a law-enforcement agency whose responsibilities include enforcing criminal laws or investigating suspected criminal activity.
b. An individual acting at the request or direction of an individual described in paragraph (7)a. of this section.
(8) a. “Place of detention” means a fixed location under the control of a law-enforcement agency where individuals are questioned about alleged crimes or delinquent acts.
b. “Place of detention” includes a jail, police station, holding cell, correctional or detention facility, police vehicle, and, for a child, school.
(9) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
(10) “Statement” means communication whether oral, written, electronic, or nonverbal.
83 Del. Laws, c. 260, § 1;  83 Del. Laws, c. 447, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 20. Custodial Interrogations › Subchapter I. Uniform Electronic Recordation of Custodial Interrogations Act › § 2003. Electronic recording requirement.

§ 2003. Electronic recording requirement.
(a) Except as otherwise provided by §§ 2005 through 2009 of this title, a custodial interrogation at a place of detention, including the giving of any required warning, advice of the rights of the individual being questioned, and the waiver of any rights by the individual, must be recorded electronically in its entirety if the interrogation relates to a crime or delinquent act. A custodial interrogation must be recorded as follows:
(1) If the custodial detention occurs at a jail, police station, or holding cell by audio and video means.
(2) If the custodial detention occurs in a police vehicle, at a school for a child, in a correctional or detention facility, or at any other place of detention other than a place of detention under paragraph (a)(1) of this section, by audio means or by the use of a body-worn camera at a minimum.
(b) If a law-enforcement officer conducts a custodial interrogation to which subsection (a) of this section applies without electronically recording it in its entirety, the officer shall prepare a written or electronic report explaining the reason for not complying with this section and summarizing the custodial interrogation process and the individual's statements.
(c) A law-enforcement officer shall prepare the report required by subsection (b) of this section as soon as practicable after completing the interrogation.
(d) As soon as practicable, a law-enforcement officer conducting a custodial interrogation outside a place of detention shall prepare a written or electronic report explaining the decision to interrogate outside a place of detention and summarizing the custodial interrogation process and the individual's statements outside a place of detention.
(e) This section does not apply to a spontaneous statement made outside the course of a custodial interrogation or a statement made in response to a question asked routinely during the processing of the arrest of an individual.
83 Del. Laws, c. 260, § 1;  83 Del. Laws, c. 447, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 20. Custodial Interrogations › Subchapter I. Uniform Electronic Recordation of Custodial Interrogations Act › § 2004. Notice and consent not required.

§ 2004. Notice and consent not required.
Notwithstanding Chapter 24 of this title, a law-enforcement officer conducting a custodial interrogation is not required to obtain consent to electronic recording from the individual being interrogated or to inform the individual that an electronic recording is being made of the interrogation. This subchapter does not permit a law-enforcement officer or a law-enforcement agency to record a private communication between an individual and the individual's lawyer or a child and the child's parent or guardian.
83 Del. Laws, c. 260, § 1;  83 Del. Laws, c. 447, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 20. Custodial Interrogations › Subchapter I. Uniform Electronic Recordation of Custodial Interrogations Act › § 2005. Exception for exigent circumstances.

§ 2005. Exception for exigent circumstances.
A custodial interrogation to which § 2003 of this title otherwise applies need not be recorded electronically if recording is not feasible because of exigent circumstances. The law-enforcement officer conducting the interrogation shall record electronically an explanation of the exigent circumstances before conducting the interrogation, if feasible, or as soon as practicable after the interrogation is completed.
83 Del. Laws, c. 260, § 1;  83 Del. Laws, c. 447, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 20. Custodial Interrogations › Subchapter I. Uniform Electronic Recordation of Custodial Interrogations Act › § 2006. Exception for individual's refusal to be recorded electronically.

§ 2006. Exception for individual's refusal to be recorded electronically.
(a) A custodial interrogation to which § 2003 of this title otherwise applies need not be recorded electronically if the individual to be interrogated indicates that the individual will not participate in the interrogation if it is recorded electronically. The individual's agreement to participate without recording must be recorded in a written document that is signed by the individual.
(b) If, during a custodial interrogation to which § 2003 of this title otherwise applies, the individual being interrogated indicates that the individual will not participate in further interrogation unless electronic recording ceases, the remainder of the custodial interrogation need not be recorded electronically. The individual's agreement to participate without recording must be recorded electronically.
(c) A law-enforcement officer, with intent to avoid the requirement of electronic recording in § 2003 of this title, may not encourage an individual to request that a recording not be made.
83 Del. Laws, c. 260, § 1;  83 Del. Laws, c. 447, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 20. Custodial Interrogations › Subchapter I. Uniform Electronic Recordation of Custodial Interrogations Act › § 2007. Exception for interrogation conducted by other jurisdiction.

§ 2007. Exception for interrogation conducted by other jurisdiction.
If a custodial interrogation occurs in another state in compliance with that state's law or is conducted by a federal law-enforcement agency in compliance with federal law, the interrogation need not be recorded electronically unless the interrogation is conducted with intent to avoid the requirement of electronic recording in § 2003 of this title.
83 Del. Laws, c. 260, § 1;  83 Del. Laws, c. 447, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 20. Custodial Interrogations › Subchapter I. Uniform Electronic Recordation of Custodial Interrogations Act › § 2008. Exception for safety of individual or protection of identity.

§ 2008. Exception for safety of individual or protection of identity.
A custodial interrogation to which § 2003 of this title otherwise applies need not be recorded electronically if a law-enforcement officer conducting the interrogation or the officer's superior reasonably believes that electronic recording would disclose the identity of a confidential informant or jeopardize the safety of an officer, the individual being interrogated, or another individual. If feasible and consistent with the safety of a confidential informant, an explanation of the basis for the belief that electronic recording would disclose the informant's identity must be in writing at the time of the interrogation. If contemporaneous memorialization of the basis for the belief is not feasible, the memorialization must be made as soon as practicable after the interrogation is completed.
83 Del. Laws, c. 260, § 1;  83 Del. Laws, c. 447, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 20. Custodial Interrogations › Subchapter I. Uniform Electronic Recordation of Custodial Interrogations Act › § 2009. Exception for equipment malfunction.

§ 2009. Exception for equipment malfunction.
(a) All or part of a custodial interrogation to which § 2003 of this title otherwise applies need not be recorded electronically to the extent that recording is not feasible because the available electronic recording equipment fails, despite reasonable maintenance of the equipment, and timely repair or replacement is not feasible.
(b) If both audio and video recording of a custodial interrogation are otherwise required by § 2003 of this title, recording may be by audio alone or by the use of a body-worn camera if a technical problem in the video recording equipment prevents video recording, despite reasonable maintenance of the equipment, and timely repair or replacement is not feasible.
(c) If both audio and video recording of a custodial interrogation are otherwise required by § 2003 of this title, recording may be by video alone or by the use of a body-worn camera if a technical problem in the audio recording equipment prevents audio recording, despite reasonable maintenance of the equipment, and timely repair or replacement is not feasible.
(d) If a law-enforcement officer conducts a custodial interrogation under this section, the law-enforcement officer shall prepare a written or electronic report explaining the reasoning for the malfunction, to the best of the officer's knowledge, and summarizing the custodial interrogation process and the individual's statements. The law-enforcement officer shall prepare the report as soon as practicable after completing the interrogation.
83 Del. Laws, c. 260, § 1;  83 Del. Laws, c. 447, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 20. Custodial Interrogations › Subchapter I. Uniform Electronic Recordation of Custodial Interrogations Act › § 2010. Burden of persuasion.

§ 2010. Burden of persuasion.
If the prosecution relies on an exception in §§ 2005 through 2009 of this title to justify a failure to record electronically a custodial interrogation, the prosecution must prove by a preponderance of the evidence that the exception applies.
83 Del. Laws, c. 260, § 1;  83 Del. Laws, c. 447, § 1;