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 › § 1333. Trading in human remains and Associated Funerary Objects.

§ 1333. Trading in human remains and Associated Funerary Objects.
(a) As used in this section:
(1) “Associated funerary objects” means an item of human manufacture or use that is intentionally placed with human remains at the time of interment in a burial site or later as a part of a death rite or ceremony of a culture, religion or group. “Associated funerary object” includes any gravestone, monument, tomb or other structure in or directly associated with a burial site.
(b) A person is guilty of trading in human remains and associated funerary objects when the person knowingly sells, buys or transports for sale or profit, or offers to buy, sell or transport for sale or profit, within this State, any unlawfully removed human remains or any associated funerary objects.
(c) The provisions of this section shall not apply to:
(1) Any person acting in the course of medical, archaeological, educational or scientific study authorized by an accredited educational institution or governmental entity; or
(2) A licensed mortician or other professional who transports human remains in the course of carrying out the individual's professional duties and responsibilities.
(d) Nothing in this section shall be construed to interfere with the normal operation and maintenance of a public or private cemetery including correction of improper burial siting, and, with the consent of any person who would qualify as an heir of the deceased, moving the remains within a public or private cemetery.
Trading in human remains and associated funerary objects is a class B misdemeanor.
70 Del. Laws, c. 50, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter VII. Offenses Against Public Health, Order and Decency › § 1337. Definitions relating to riot, disorderly conduct and related offenses.

§ 1337. Definitions relating to riot, disorderly conduct and related offenses.
(a) “Private place” means a place where one may reasonably expect to be safe from casual or hostile intrusion or surveillance, but does not include a place to which the public or a substantial group thereof has access.
(b) “Public place” means a place to which the public or a substantial group of persons has access and includes highways, transportation facilities, schools, places of amusement, parks, playgrounds, prisons and hallways, lobbies and other portions of apartment houses and hotels not constituting rooms or apartments designed for actual residence.
11 Del. C. 1953, §  1337;  58 Del. Laws, c. 497, §  1;  59 Del. Laws, c. 203, §  25;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter VII. Offenses Against Public Health, Order and Decency › § 1338. Bombs, incendiary devices, Molotov cocktails and explosive devices; class D felony.

§ 1338. Bombs, incendiary devices, Molotov cocktails and explosive devices; class D felony.
(a) For purposes of this section the following definitions shall be made applicable:
(1) “Incendiary device” means any item designed to ignite by hand, chemical reaction or by spontaneous combustion and is not designed for any lawful purpose or use whatsoever, or any lawful purpose or use has been or is terminated.
(2) “Molotov cocktail” means a makeshift incendiary bomb made of a breakable container filled with flammable liquid and provided with a wick composed of any substance capable of bringing flame into contact with the liquid.
(b) Whoever manufactures, transfers, uses, possesses or transports any bomb, incendiary device, Molotov cocktail or device designed to explode or produce uncontained combustion with intent to cause bodily harm or damage to any property or thing shall be guilty of a class D felony.
(c) Any other provision of this Criminal Code notwithstanding, any person over 16 years old who violates this section may be prosecuted as an adult pursuant to §§ 1010 and 1011 of Title 10.
(d) In any prosecution under this section, it is prima facie evidence of intent to cause bodily harm or damage to any property or thing if the accused had possession of the device prescribed by this section.
11 Del. C. 1953, §  1338;  58 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  81 Del. Laws, c. 199, § 2;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter VII. Offenses Against Public Health, Order and Decency › § 1339. Adulteration; class G felony; class E felony; class A felony.

§ 1339. Adulteration; class G felony; class E felony; class A felony.
(a) A person is guilty of adulteration when:
(1) The person adulterates any substance with the intent to cause death, physical injury or illness of a person;
(2) The person distributes, disseminates, gives, sells or otherwise transfers an adulterated substance with the intent to cause death, physical injury or illness of a person knowing or having reason to know that the substance has been adulterated as defined in subsection (b) of this section.
(b) “Adulteration” means the intentional adding of any substance, which has the capacity either acting alone or in conjunction with the other substance to cause death, physical injury or illness by ingestion, injection, inhalation or absorption, to another substance having a customary or reasonably foreseeable human use.
(c) Adulteration is a class G felony unless the adulteration actually causes physical injury or illness in which case it is a class E felony, or causes death in which case it is a class A felony.
(d) This offense is a separate and distinct offense and shall not limit or restrict prosecution for murder or any other criminal offense.
64 Del. Laws, c. 191, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter VII. Offenses Against Public Health, Order and Decency › § 1341. Lewdness; class B misdemeanor.

§ 1341. Lewdness; class B misdemeanor.
A person is guilty of lewdness when the person does any lewd act in any public place or any lewd act which the person knows is likely to be observed by others who would be affronted or alarmed.
Lewdness is a class B misdemeanor.
11 Del. C. 1953, §  1341;  58 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter VII. Offenses Against Public Health, Order and Decency › § 1342. Prostitution; class B misdemeanor.

§ 1342. Prostitution; class B misdemeanor.
(a) (1) A person, 18 years or older, is guilty of prostitution when the person engages or agrees or offers to engage in sexual conduct with another person in return for a fee.
(2) Prostitution is a class B misdemeanor.
(b) (1) Any person, 18 years or older, found guilty of an act of prostitution when such crime has occurred on or within 1,000 feet of the property of any school, residence, church, synagogue or other place of worship shall be guilty of a class A misdemeanor. The minimum mandatory fine shall be $500. This fine shall not be suspended.
(2) It shall not be a defense to prosecution for a violation of this section that the person was unaware that the prohibited conduct took place on or within 1,000 feet of any school property, residence, church, synagogue or other place of worship.
(c) A minor who, if 18 years or older, could be charged with prostitution as defined in subsection (a) of this section, is presumed to be a neglected or abused child under § 901 of Title 10. Whenever a police officer has probable cause to believe that a minor has engaged in prostitution, the police officer shall make an immediate report to the Department of Services for Children, Youth and Their Families pursuant to § 903 of Title 16.
11 Del. C. 1953, §  1342;  58 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 319, §  1;  82 Del. Laws, c. 59, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter VII. Offenses Against Public Health, Order and Decency › § 1343. Patronizing a prostitute prohibited.

§ 1343. Patronizing a prostitute prohibited.
(a) A person is guilty of patronizing a prostitute when:
(1) Pursuant to a prior agreement or understanding, the person pays a fee to another person as compensation for that person's having engaged in sexual conduct with the person; or
(2) The person pays or agrees to pay a fee to another person pursuant to an agreement or understanding that in return therefor that person or a third person will engage in sexual conduct with the person; or
(3) The person solicits or requests another person to engage in sexual conduct with the person in return for a fee.
(b) Patronizing a prostitute is a misdemeanor. The minimum mandatory fine shall be $500. This fine shall not be suspended.
(c) Whenever any vehicle, as defined in § 2321 of this title, has been used in, or in connection with, the offense of patronizing a prostitute, it shall forthwith be seized and taken into custody by the peace officer or officers having knowledge of the facts of such use.
(d) Vehicle seizure shall apply in the case of a defendant who has a previous conviction for the same offense in the previous 5 years. For the purpose of this section, “prior offense” shall be defined as a conviction of § 1343 of this title.
(e) (1) Any person found guilty of patronizing a prostitute and such crime has occurred on or within 1,000 feet of the property of any school, residence, church, synagogue or other place of worship shall be guilty of a class A misdemeanor. The minimum mandatory fine shall be $1,000. This fine shall not be suspended.
(2) It shall not be a defense to prosecution for a violation of this section that the person was unaware that the prohibited conduct took place on or within 1,000 feet of any school property, residence, church, synagogue or other place of worship.
11 Del. C. 1953, §  1343;  58 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  69 Del. Laws, c. 23, §§  1, 2, 5, 6;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 319, §  2;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter VII. Offenses Against Public Health, Order and Decency › § 1344. Prostitution and patronizing a prostitute; no defense.

§ 1344. Prostitution and patronizing a prostitute; no defense.
In any prosecution for prostitution it is no defense that the persons were of the same sex, or that the person who received, agreed to receive or solicited a fee was a male and the person who paid, agreed or offered to pay the fee was a female.
11 Del. C. 1953, §  1344;  58 Del. Laws, c. 497, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter VII. Offenses Against Public Health, Order and Decency › § 1345. Screening for sexually transmissible diseases.

§ 1345. Screening for sexually transmissible diseases.
(a) Any person convicted under § 1342 or § 1343 of this title shall be ordered to undergo testing for sexually transmitted diseases, abbreviated “STD,” as designated by the Department of Health and Social Services in its rules and regulations.
(b) The result of any STD test conducted pursuant to this subsection shall not be a public record for purposes of Chapter 100 of Title 29.
(c) The result of any STD testing conducted pursuant to this section shall only be released by the Division of Public Health to the defendant, the defendant's spouse and the court issuing the order for testing except as otherwise permitted under § 711 of Title 16.
(d) The cost of testing under this section shall be paid by the defendant tested unless the court has determined that the defendant is an indigent person.
(e) Filing of a notice of appeal shall not automatically stay an order that the defendant submit to STD testing.
75 Del. Laws, c. 319, §  4;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter VII. Offenses Against Public Health, Order and Decency › § 1351. Promoting prostitution in the third degree; class F felony.

§ 1351. Promoting prostitution in the third degree; class F felony.
A person is guilty of promoting prostitution in the third degree when the person knowingly advances or profits from prostitution.
Promoting prostitution in the third degree is a class F felony.
11 Del. C. 1953, §  1351;  58 Del. Laws, c. 497, §  1;  61 Del. Laws, c. 33, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter VII. Offenses Against Public Health, Order and Decency › § 1352. Promoting prostitution in the second degree; class E felony.

§ 1352. Promoting prostitution in the second degree; class E felony.
A person is guilty of promoting prostitution in the second degree when the person knowingly:
(1) Advances or profits from prostitution by managing, supervising, controlling or owning, either alone or in association with others, a house of prostitution or a prostitution business or enterprise involving prostitution activity by 2 or more prostitutes; or
(2) Advances or profits from prostitution of a person less than 18 years old.
Promoting prostitution in the second degree is a class E felony.
11 Del. C. 1953, §  1352;  58 Del. Laws, c. 497, §  1;  61 Del. Laws, c. 33, §  2;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter VII. Offenses Against Public Health, Order and Decency › § 1353. Promoting prostitution in the first degree; class C felony.

§ 1353. Promoting prostitution in the first degree; class C felony.
A person is guilty of promoting prostitution in the first degree when the person knowingly:
(1) Advances prostitution by compelling a person by force or intimidation to engage in prostitution or profits from such coercive conduct by another; or
(2) Advances or profits from prostitution of a person less than 16 years old.
Promoting prostitution in the first degree is a class C felony.
11 Del. C. 1953, §  1353;  58 Del. Laws, c. 497, §  1;  61 Del. Laws, c. 33, §  3;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter VII. Offenses Against Public Health, Order and Decency › § 1354. Promoting prostitution; attempt to promote prostitution; corroboration.

§ 1354. Promoting prostitution; attempt to promote prostitution; corroboration.
A person shall not be convicted of promoting prostitution or of an attempt to promote prostitution solely on the uncorroborated testimony of a person whose prostitution activity the person is alleged to have advanced or attempted to advance or from whose prostitution activity the person is alleged to have profited or attempted to profit.
11 Del. C. 1953, §  1354;  58 Del. Laws, c. 497, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter VII. Offenses Against Public Health, Order and Decency › § 1355. Permitting prostitution; class B misdemeanor.

§ 1355. Permitting prostitution; class B misdemeanor.
A person is guilty of permitting prostitution when, having possession or control of premises which the person knows are being used for prostitution purposes, the person fails to halt or abate such use within a reasonable period of time.
Permitting prostitution is a class B misdemeanor.
11 Del. C. 1953, §  1355;  58 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter VII. Offenses Against Public Health, Order and Decency › § 1356. Definitions relating to prostitution.

§ 1356. Definitions relating to prostitution.
As used in §§ 1342-1355 of this title:
(1) “Advance prostitution.” — A person advances prostitution when, acting other than as a prostitute or as a patron thereof, the person knowingly causes or aids a person to commit or engage in prostitution, procures or solicits patrons for prostitution, provides persons or premises for prostitution purposes, operates or assists in the operation of a house of prostitution or a prostitution enterprise or engages in any other conduct designed to institute, aid or facilitate an act or enterprise of prostitution.
(2) “Profit from prostitution.” — A person profits from prostitution when, acting other than as a prostitute receiving compensation for personally rendered prostitution services, the person accepts or receives money or other property pursuant to an agreement or understanding with any person whereby the person participates or is to participate in the proceeds of prostitution activity.
(3) “School” means any preschool, kindergarten, elementary school, secondary school, vocational technical school or any other institution which has as its primary purpose the education or instruction of children under 18 years of age.
(4) “Sexual conduct” means any act designed to produce sexual gratification to either party. It is not limited to intercourse or deviate sexual intercourse.
11 Del. C. 1953, §  1356;  58 Del. Laws, c. 497, §  1;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 319, §  3;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter VII. Offenses Against Public Health, Order and Decency › § 1362. Obscenity; defenses.

§ 1362. Obscenity; defenses.
In any prosecution for obscenity it is an affirmative defense that dissemination was restricted to:
(1) Institutions or persons having scientific, educational, governmental or other similar justification for possessing obscene material; or
(2) Noncommercial dissemination to personal associates of the accused who are known by the accused not to object to the receipt of such material.
11 Del. C. 1953, §  1362;  58 Del. Laws, c. 497, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter VII. Offenses Against Public Health, Order and Decency › § 1363. Obscenity; presumption.

§ 1363. Obscenity; presumption.
A person who disseminates or possesses obscene material in the course of business is presumed to do so knowingly or recklessly.
11 Del. C. 1953, §  1363;  58 Del. Laws, c. 497, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter VII. Offenses Against Public Health, Order and Decency › § 1364. Definition of obscene.

§ 1364. Definition of obscene.
Material or live conduct is obscene if:
(1) The average person applying contemporary community standards would find the material or conduct, taken as a whole, appeals to the prurient interests; and
(2) The material depicts or describes or the live conduct portrays:
a. Patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated; or
b. Patently offensive representations or descriptions of masturbation, excretory functions, and/or lewd exhibitions of the genitals; and
(3) The work or conduct taken as a whole lacks serious literary, artistic, political or scientific value.
11 Del. C. 1953, §  1364;  58 Del. Laws, c. 497, §  1;  59 Del. Laws, c. 236, §  1;  63 Del. Laws, c. 111, §  4;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter VII. Offenses Against Public Health, Order and Decency › § 1366. Outdoor motion picture theaters.

§ 1366. Outdoor motion picture theaters.
(a) Whoever being the owner or operator of an outdoor motion picture theater exhibits or permits to be exhibited any film not suitable for minors or harmful to minors and which film can be viewed by such minors not in attendance at the said outdoor motion picture theater shall be guilty of a class A misdemeanor.
(b) Definitions as used in this section:
(1) “Code and Rating Administration of the Motion Picture Association of America” ratings are:
“G” — All ages admitted. General audiences;
“PG” — All ages admitted. Parental guidance suggested;
“R” — Restricted. Under 17 requires accompanying parent or adult guardian;
“X” — No one under 17 admitted.
(2) “Film” means any motion picture film or series of films, whether full length or short subject, but does not include newsreels portraying actual current events or pictorial news of the day.
(3) “Harmful to minors” means that quality of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement or sado-masochistic abuse which predominately appeals to the prurient, shameful or morbid interest of minors and is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors, and taken as a whole the work lacks serious literary, artistical, political or scientific value for minors.
(4) “Minor” means any person under the age of 17 years.
(5) “Not suitable for minors” means any film, reel or view which has a rating of “R” or “X” according to the Code and Rating Administration of the Motion Picture Association of America.
(6) “Nudity” means the showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple or the depiction of covered male genitals in a discernibly turgid state.
(7) “Sado-masochistic abuse” means flagellation or torture practiced by or upon a person clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.
(8) “Sexual conduct” means acts of masturbation, homosexuality, sexual intercourse or physical contact with a person's unclothed genitals or pubic area or a female person's breast.
(9) “Sexual excitement” means the condition of human male or female genitals in a state of sexual stimulation or arousal.
(10) “Suitable for minors” means any film, reel or view which has a rating of “G” or “PG” according to the Code and Rating Administration of the Motion Picture Association of America.
59 Del. Laws, c. 258, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter VII. Offenses Against Public Health, Order and Decency › § 1367. Unauthorized promotion of boxing, mixed martial arts or of a combative sports or combative sports entertainment or combative fighting match, contest, or event; class A misdemeanor.

§ 1367. Unauthorized promotion of boxing, mixed martial arts or of a combative sports or combative sports entertainment or combative fighting match, contest, or event; class A misdemeanor.
(a) A person is guilty of the unauthorized promotion of boxing, mixed martial arts or of a combative sports or combative sports entertainment or combative fighting match, contest, or event if the person promotes, arranges, advertises, or conducts a combative sports entertainment or combative fighting match, contest, or event in violation of Chapter 1 of Title 28.
(b) A charge of the unauthorized promotion of boxing, mixed martial arts or of a combative sports or combative sports entertainment or combative fighting match, contest, or event shall not exclude prosecution for other offenses or violations of this Code.
(c) The unauthorized promotion of boxing, mixed martial arts or of a combative sports or combative sports entertainment or combative fighting match, contest, or event is a class A misdemeanor.
76 Del. Laws, c. 413, §  1;  81 Del. Laws, c. 79, § 12;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter VII. Offenses Against Public Health, Order and Decency › § 1368. Unauthorized participation in a boxing, mixed martial arts or in a combative sports or combative sports entertainment or combative fighting match, contest, or event; class A misdemeanor.

§ 1368. Unauthorized participation in a boxing, mixed martial arts or in a combative sports or combative sports entertainment or combative fighting match, contest, or event; class A misdemeanor.
(a) A person is guilty of the unauthorized participation in a boxing, mixed martial arts or in a combative sports or combative sports entertainment or combative fighting match, contest, or event if the person participates as a competitor in a boxing, mixed martial arts or in a combative sports entertainment or combative fighting match, contest, or event in violation of Chapter 1 of Title 28.
(b) A charge of the unauthorized participation in a boxing, mixed martial arts or in a combative sports or combative sports entertainment or combative fighting match, contest, or event shall not exclude prosecution for other offenses or violations this Code.
(c) The unauthorized participation in a boxing, mixed martial arts or in a combative sports or combative sports entertainment or combative fighting match, contest, or event is a class A misdemeanor.
76 Del. Laws, c. 413, §  1;  81 Del. Laws, c. 79, § 13;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter VII. Offenses Against Public Health, Order and Decency › § 1401. Advancing gambling in the second degree; class A misdemeanor.

§ 1401. Advancing gambling in the second degree; class A misdemeanor.
A person is guilty of advancing gambling in the second degree when:
(1) The person sells or disposes of, or has in the person's possession with intent to sell or dispose of, a lottery policy, certificate or any other thing by which the person or another person or persons promises or promise, guarantees or guarantee that any particular number, series of numbers, character, ticket or certificate shall, in the event or on the happening of any contingency in the nature of a lottery, entitle the purchaser or holder to receive money, property or evidence of debt; or
(2) The person uses or employs any other device by which such person, or any other person, promises or guarantees as provided in paragraph (1) of this section; or
(3) The person is concerned in interest in lottery policy writing, or in selling or disposing of any lottery policy, certificate, number or numbers or any other thing by which the person or another person or persons promises or promise, guarantees or guarantee that any particular number or numbers, character, ticket or certificate shall, in the event or on the happening of any contingency in the nature of a lottery, entitle the purchaser or holder to receive money, property or evidence of debt; or
(4) The person uses or employs any other device by which such person or any other person promises or guarantees as provided in paragraph (3) of this section.
Advancing gambling in the second degree is a class A misdemeanor.
11 Del. C. 1953, §  1401;  58 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter VII. Offenses Against Public Health, Order and Decency › § 1402. Foreign lotteries; prima facie evidence; class A misdemeanor.

§ 1402. Foreign lotteries; prima facie evidence; class A misdemeanor.
(a) A person is guilty of engaging in a foreign lottery when the person brings, sends or procures to be brought or sent into this State any scheme of any lottery or any drawing of any such scheme or any ticket or part of a ticket or certificate of or a substitute for any ticket or part of a ticket, and sells or offers for sale any such ticket or part of ticket or any certificate or substitute for a certificate, and circulates in any manner any scheme or any drawing.
(b) On the trial of any person under subsection (a) of this section any lottery scheme drawing, ticket, certificate of or a substitute for a ticket or parts of tickets, which shall be proved to have been by the accused brought or procured to be brought, or sent or procured to be sent into this State or printed or procured to be printed within this State, for the purpose of circulating the same by mail or otherwise, shall be prima facie evidence within the description of this section.
(c) Engaging in foreign lotteries is a class A misdemeanor.
11 Del. C. 1953, §  1402;  58 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter VII. Offenses Against Public Health, Order and Decency › § 1403. Advancing gambling in the first degree; class A misdemeanor.

§ 1403. Advancing gambling in the first degree; class A misdemeanor.
A person is guilty of advancing gambling in the first degree when:
(1) The person keeps, exhibits or uses, or is concerned in interest in keeping, exhibiting or using any book, device, apparatus or paraphernalia for the purpose of receiving, recording or registering bets or wagers upon the result of any trial or contest, wherever conducted, of skill, speed or power of endurance of human or beast; or
(2) Being the owner, lessee or occupant of a room, house, building, enclosure or place of any kind, the person keeps, exhibits, uses or employs therein or permits or allows to be kept, exhibited, used or employed therein, or is concerned in interest in keeping, exhibiting, using or employing therein any book, device, apparatus or paraphernalia for the purpose of receiving, recording or registering bets or wagers as provided in paragraph (1) of this section, or of forwarding in any manner money, thing or consideration of value for the purpose of being bet or wagered as provided in paragraph (1) of this section; or
(3) The person records or registers bets or wagers, or receives, contracts or agrees to receive money or anything of value for the purpose or with the intent to bet or wager personally or for another person as provided in paragraph (1) of this section; or
(4) The person directly or indirectly bets or wagers, or promises to bet or wager, money or anything of value as provided in paragraph (1) of this section.
This section does not apply to a bet or wager made on a horse race within the enclosure of any race meeting licensed and conducted under the laws of this State, and made by or through the means of a pari-mutuel or totalizator pool, the conduct of which is licensed by the Delaware Racing Commission or other state licensing agency. Such exception need not be negatived in any indictment or information.
Advancing gambling in the first degree is a class A misdemeanor.
11 Del. C. 1953, §  1403;  58 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter VII. Offenses Against Public Health, Order and Decency › § 1404. Providing premises for gambling; class A misdemeanor; unclassified misdemeanor.

§ 1404. Providing premises for gambling; class A misdemeanor; unclassified misdemeanor.
A person is guilty of providing premises for gambling when:
(1) The person lets, demises or transfers to another person any building, structure, room or rooms knowing that the same will be used for the purpose of committing any gambling offense; or
(2) The person knowingly permits any house, structure, building, room or rooms of which the person has possession or control to be used for the purpose of committing any gambling offense; or
(3) The person contributes to the support and maintenance of any house or place where gambling is carried on or conducted; or
(4) The person keeps or maintains any house or place where gambling is carried on.
Providing premises for gambling or contributing thereto is an unclassified misdemeanor, unless the accused has been convicted, within the previous 5 years, of the same offense or of an offense under § 663 or § 665 of this title as the same existed prior to July 1, 1973, in which case it is a class A misdemeanor.
11 Del. C. 1953, §  1404;  58 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter VII. Offenses Against Public Health, Order and Decency › § 1405. Possessing a gambling device; class A misdemeanor.

§ 1405. Possessing a gambling device; class A misdemeanor.
(a) A person is guilty of possessing a gambling device when the person knowingly manufactures, sells, transports, keeps, exhibits, manages, places, possesses or conducts or negotiates any transaction affecting or designed to effect ownership, custody or use of a slot machine or any other gambling device.
(b) Possessing a gambling device is a class A misdemeanor.
(c) A person is not guilty of a violation of this section if the device or machine is either:
(1) An antique slot machine which is not used for gambling purposes; or
(2) Any slot machine or gambling device which is manufactured (including, without limitation, the retrofitting or alteration of a finished machine or device), assembled, transported, kept, exhibited, managed, placed or possessed by a person within this State or which is the subject of any negotiation which involves a transaction affecting or designed to affect the ownership, custody or use of such machine or device by such person in this State where:
a. Such person is duly licensed to conduct a manufacturing or other business in this State; and
b. Such person is registered in accordance with the federal Gambling Devices Act of 1962 as amended (15 U.S.C. § 1171 et seq.) and is in the business of designing, assembling, manufacturing, selling, supplying, repairing or retrofitting slot machines, gambling devices or component parts thereof exclusively for lawful possession and use.
(d) For purposes of this section, a slot machine is an antique machine if such machine is at least 25 years old.
(e) For purposes of this section, a “video lottery machine,” as defined in § 4803 of Title 29, which is owned or leased by the State for use in the Delaware video lottery shall not constitute either a slot machine or a gaming device.
11 Del. C. 1953, §  1405;  58 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  68 Del. Laws, c. 252, §  1;  69 Del. Laws, c. 375, §  1;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 421, §§  1, 2;  77 Del. Laws, c. 219, §  4;  78 Del. Laws, c. 245, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter VII. Offenses Against Public Health, Order and Decency › § 1406. Being concerned in interest in keeping any gambling device; class A misdemeanor.

§ 1406. Being concerned in interest in keeping any gambling device; class A misdemeanor.
(a) A person is guilty of being concerned in interest in keeping any gambling device when:
(1) The person keeps or exhibits a gaming table, faro bank, sweat cloth, roulette table or other device under any denomination at which cards, dice or any other game of chance is played for money, or other thing of value or other gambling device of any kind whatsoever; or
(2) The person, with the intent that it shall be kept or exhibited for use by the public, buys, sells or distributes a gaming table, faro bank, sweat cloth or other gambling device; or
(3) The person is a partner or concerned in interest in the keeping or exhibiting of a gaming table, faro bank, sweat cloth or other gambling device.
(b) Being concerned in interest in keeping any gambling device is a class A misdemeanor.
(c) An antique slot machine, as defined in § 1405 of this title, is not a gambling device for purposes of this section.
11 Del. C. 1953, §  1406;  58 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  68 Del. Laws, c. 252, §  2;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter VII. Offenses Against Public Health, Order and Decency › § 1407. Engaging in a crap game; violation.

§ 1407. Engaging in a crap game; violation.
A person is guilty of engaging in a crap game when the person takes part in or is knowingly present at the form of gambling commonly known as crap, in which money or other valuable things are played for by means of dice.
Engaging in a crap game is a violation.
11 Del. C. 1953, §  1407;  58 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter VII. Offenses Against Public Health, Order and Decency › § 1408. Merchandising plans are not gambling.

§ 1408. Merchandising plans are not gambling.
Sections 1401-1405 of this title are inapplicable to any plan for stimulating public interest in, or sale of, merchandise, services or exhibitions unless the plan requires that the chance to win a prize be paid for in money or something of actual pecuniary value or that some items be bought or to any lottery under state control for the purpose of raising funds.
11 Del. C. 1953, §  1408;  58 Del. Laws, c. 497, §  1;  59 Del. Laws, c. 364, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter VII. Offenses Against Public Health, Order and Decency › § 1408A. Savings promotion raffle not gambling.

§ 1408A. Savings promotion raffle not gambling.
A savings promotion raffle that conforms with the requirement of § 933 of Title 5 is not gambling and does not constitute a lottery unless the chance to win a prize requires consideration. The deposit of a specified minimum amount of money in a savings account or other savings program that results in an entry in a savings promotion raffle is not consideration.
81 Del. Laws, c. 13, § 2;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter VII. Offenses Against Public Health, Order and Decency › § 1409. Exemption of law-enforcement officer.

§ 1409. Exemption of law-enforcement officer.
Nothing in subpart D of subchapter VII of this chapter shall apply to any law-enforcement officer or officer's agent while acting in the lawful performance of duty.
11 Del. C. 1953, §  1409;  58 Del. Laws, c. 497, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter VII. Offenses Against Public Health, Order and Decency › § 1411. Unlawfully disseminating gambling information; class A misdemeanor.

§ 1411. Unlawfully disseminating gambling information; class A misdemeanor.
A person is guilty of unlawfully disseminating gambling information when:
(1) Being a public utility it knowingly furnishes to another person a private wire for use in disseminating information in furtherance of gambling or for gambling purposes; or
(2) The person knowingly uses a private wire in disseminating or receiving information in furtherance of gambling or for gambling purposes; or
(3) The person engages in the business of or receives compensation in any form for disseminating or receiving information in furtherance of gambling or for gambling purposes by means of a private wire or a call service.
Unlawfully disseminating gambling information is a class A misdemeanor.
11 Del. C. 1953, §  1411;  58 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter VII. Offenses Against Public Health, Order and Decency › § 1412. Revocation of service contracts or denial of application for service; exemption from liability.

§ 1412. Revocation of service contracts or denial of application for service; exemption from liability.
(a) The Attorney General, if the Attorney General has reasonable cause to believe that any service furnished by a public utility is being used or will be used to disseminate information in furtherance of gambling or for gambling purposes, may give notice to the person who has contracted with or is applying to the public utility for such service that the Attorney General intends to seek a court order that the service contract be revoked or the application for service be denied.
(b) The notice permitted in subsection (a) of this section shall be served personally upon the person who has contracted with or is applying to the public utility for the service. If personal service is not reasonably possible, the notice may be posted in a conspicuous place on the premises to which the service is furnished. The notice shall specify the time and place where the hearing will be held, and the court before which it will be held.
(c) A hearing shall be held in the Superior Court at the time specified in the notice. At the hearing, evidence bearing on the use of the public utility service in question may be presented by the State and by or on behalf of the person who has contracted for or is applying for the service.
(d) If the Court, after hearing, determines that there is probable cause to believe that the service furnished by the public utility is being used or will be used to disseminate information in furtherance of gambling or for gambling purposes, it shall order that the contract to furnish the service be revoked or that the application for service be denied.
(e) No public utility shall be held liable at law or in equity for revocation of a contract, or denying an application for service, when ordered to do so as provided by this section.
11 Del. C. 1953, §  1412;  58 Del. Laws, c. 497, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter VII. Offenses Against Public Health, Order and Decency › § 1413. Exemption for operations of lottery under State control.

§ 1413. Exemption for operations of lottery under State control.
The sale, lease, transport, ownership, possession, exhibition, manufacture, servicing, marketing or use of a video lottery machine, sports lottery machine, table game equipment or any equipment, supplies, information or data in connection with the operations of a lottery under State control (including the operations of a video lottery agent in accordance with Chapter 48 of Title 29) shall not be a violation of §§ 1401-1412 of this title.
77 Del. Laws, c. 219, §  27;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter VII. Offenses Against Public Health, Order and Decency › § 1421. Obstructions; service of notice.

§ 1421. Obstructions; service of notice.
If the Attorney General finds that access to a building, apartment or place, which the Attorney General has reasonable cause to believe is resorted to for the purpose of gambling in violation of the laws of this State, is barred by an obstruction, the Attorney General shall cause to be served in the manner provided by law for service of civil summons upon the occupant or owner a notice to appear before the Superior Court and to show cause why the unusual obstructions should not be removed.
11 Del. C. 1953, §  1421;  58 Del. Laws, c. 497, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter VII. Offenses Against Public Health, Order and Decency › § 1422. Posting of notice.

§ 1422. Posting of notice.
If the occupant or owner cannot be found, the prescribed notice shall be posted upon the outside of the premises.
11 Del. C. 1953, §  1422;  58 Del. Laws, c. 497, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter VII. Offenses Against Public Health, Order and Decency › § 1423. Contents of notice.

§ 1423. Contents of notice.
The notice which is served personally upon the occupant or owner or is posted upon the outside of the premises shall in all cases designate the name of the Court in which the rule will be heard, and shall further contain the time and the date upon which the rule will be brought on for hearing.
11 Del. C. 1953, §  1423;  58 Del. Laws, c. 497, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter VII. Offenses Against Public Health, Order and Decency › § 1424. Hearing.

§ 1424. Hearing.
At the time stated in the notice, a hearing shall be held in the Superior Court. At the hearing, evidence bearing on the matter may be presented by the State and by or on behalf of the person served with the notice or alleged to be the occupant or owner of the premises. The Court may grant a continuance if it is reasonably necessary in order that all relevant evidence may be heard.
11 Del. C. 1953, §  1424;  58 Del. Laws, c. 497, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter VII. Offenses Against Public Health, Order and Decency › § 1425. Findings of Court; order for removal.

§ 1425. Findings of Court; order for removal.
If the Court, after a hearing upon the requisite matters, finds that there is reasonable cause to believe that the premises are resorted to for the purpose of gambling and that access is barred by an obstruction, the Court shall order the occupant or owner to remove the obstruction.
11 Del. C. 1953, §  1425;  58 Del. Laws, c. 497, §  1;  59 Del. Laws, c. 203, §§  26, 31;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter VII. Offenses Against Public Health, Order and Decency › § 1426. Official removal upon noncompliance with removal order.

§ 1426. Official removal upon noncompliance with removal order.
In the event that the obstructions are not removed within a period of 7 days after the order for removal, the Attorney General shall cause the obstructions to be removed from the premises or place.
11 Del. C. 1953, §  1426;  58 Del. Laws, c. 497, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter VII. Offenses Against Public Health, Order and Decency › § 1427. Collection of removal expenses; status of contractor; amount of lien.

§ 1427. Collection of removal expenses; status of contractor; amount of lien.
The expenses of a removal under § 1426 of this title shall be collected by the Attorney General in the manner provided by law for the filing and collection of a mechanic's lien.
11 Del. C. 1953, §  1427;  58 Del. Laws, c. 497, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter VII. Offenses Against Public Health, Order and Decency › § 1428. Maintaining an obstruction; class A misdemeanor; a violation.

§ 1428. Maintaining an obstruction; class A misdemeanor; a violation.
A person is guilty of maintaining an obstruction when, being the owner or occupant of a building or other place from which an obstruction has been removed as provided in §§ 1421-1427 of this title, the person again erects or permits the erection of an obstruction.
Maintaining an obstruction is a violation unless the accused has been convicted of the same offense within the previous 2 years, in which case it is a class A misdemeanor. The section does not limit the power of the State to seek the removal of the obstruction as provided in §§ 1421-1427 of this title.
11 Del. C. 1953, §  1428;  58 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter VII. Offenses Against Public Health, Order and Decency › § 1431. Telephone messages received or overheard by police as evidence.

§ 1431. Telephone messages received or overheard by police as evidence.
In any prosecution for a gambling offense, evidence that a police officer, when making an arrest for a gambling offense, received or overheard telephone messages intended for the accused or an associate of the accused which tend to prove that gambling activity was being conducted is admissible. The gathering and disclosure of such evidence, including the contents of the telephone messages received or overheard, does not violate any law of this State.
11 Del. C. 1953, §  1431;  58 Del. Laws, c. 497, §  1;