(a) A person who wears body armor during the commission of a felony is guilty of wearing body armor during the commission of a felony.
(b) Notwithstanding § 4205 of this title, the minimum sentence for violation of this section shall be not less than 3 years which minimum sentence shall not be subject to suspension and no person convicted for a violation of this section shall be eligible for parole or probation during such 3 years.
(c) Any sentence imposed upon conviction for wearing body armor during the commission of a felony shall not run concurrently with any other sentence. In any instance where a person is convicted of a felony, together with the conviction for wearing body armor during the commission of a felony, such person shall serve the sentence for the felony itself before beginning the sentence imposed for wearing body armor during the commission of such felony.
(d) Every person charged under this section over the age of 16 years may be tried as an adult pursuant to §§ 1010 and 1011 of Title 10, notwithstanding any contrary provision of statutes governing the Family Court or any other state law.
(e) As used in this section, the term “body armor” means any material designed to provide bullet penetration resistance.
(f) A person may be found guilty of violating this section notwithstanding that the felony for which the person is convicted and during which the person wore body armor is a lesser included felony of the one originally charged.
(g) Wearing body armor during the commission of a felony is a class B felony.
Structure Delaware Code
Title 11 - Crimes and Criminal Procedure
Subchapter VII. Offenses Against Public Health, Order and Decency
§ 1301. Disorderly conduct; unclassified misdemeanor.
§ 1303. Disorderly conduct; funeral or memorial service.
§ 1305. Desecration; class A misdemeanor.
§ 1306. Cross or religious symbol burning; class A misdemeanor.
§ 1307. Civil remedies for violations of hate crimes and related offenses.
§ 1308. Hate crime reporting requirement.
§ 1309. Deprivation of Civil Rights.
§ 1311. Harassment; class A misdemeanor.
§ 1312. Stalking; class G felony, class F felony, class C felony.
§ 1313. Malicious interference with emergency communications; class B misdemeanor.
§ 1315. Public intoxication; unclassified misdemeanor; violation.
§ 1316. Registration of out-of-state liquor agents; violation.
§ 1320. Loitering on property of a state-supported school, college or university; violation.
§ 1322. Criminal nuisance; unclassified misdemeanor.
§ 1323. Obstructing public passages; violation.
§ 1324. Obstructing ingress to or egress from public buildings; unclassified misdemeanor.
§ 1325. Cruelty to animals; class A misdemeanor; class F felony.
§ 1326. Animals; fighting and baiting prohibited; class E felony.
§ 1327. Maintaining a dangerous animal; class E felony; class F felony; class A misdemeanor.
§ 1330. Smoking on trolleys and buses.
§ 1332. Abusing a corpse; class A misdemeanor.
§ 1333. Trading in human remains and Associated Funerary Objects.
§ 1335. Violation of privacy; class A misdemeanor; class G felony.
§ 1337. Definitions relating to riot, disorderly conduct and related offenses.
§ 1338. Bombs, incendiary devices, Molotov cocktails and explosive devices; class D felony.
§ 1339. Adulteration; class G felony; class E felony; class A felony.
§ 1341. Lewdness; class B misdemeanor.
§ 1342. Prostitution; class B misdemeanor.
§ 1343. Patronizing a prostitute prohibited.
§ 1344. Prostitution and patronizing a prostitute; no defense.
§ 1345. Screening for sexually transmissible diseases.
§ 1351. Promoting prostitution in the third degree; class F felony.
§ 1352. Promoting prostitution in the second degree; class E felony.
§ 1353. Promoting prostitution in the first degree; class C felony.
§ 1354. Promoting prostitution; attempt to promote prostitution; corroboration.
§ 1355. Permitting prostitution; class B misdemeanor.
§ 1356. Definitions relating to prostitution.
§ 1361. Obscenity; acts constituting; class E felony or class G felony; subsequent violations.
§ 1363. Obscenity; presumption.
§ 1364. Definition of obscene.
§ 1365. Obscene literature harmful to minors; class A misdemeanor.
§ 1366. Outdoor motion picture theaters.
§ 1401. Advancing gambling in the second degree; class A misdemeanor.
§ 1402. Foreign lotteries; prima facie evidence; class A misdemeanor.
§ 1403. Advancing gambling in the first degree; class A misdemeanor.
§ 1404. Providing premises for gambling; class A misdemeanor; unclassified misdemeanor.
§ 1405. Possessing a gambling device; class A misdemeanor.
§ 1406. Being concerned in interest in keeping any gambling device; class A misdemeanor.
§ 1407. Engaging in a crap game; violation.
§ 1408. Merchandising plans are not gambling.
§ 1408A. Savings promotion raffle not gambling.
§ 1409. Exemption of law-enforcement officer.
§ 1411. Unlawfully disseminating gambling information; class A misdemeanor.
§ 1413. Exemption for operations of lottery under State control.
§ 1421. Obstructions; service of notice.
§ 1425. Findings of Court; order for removal.
§ 1426. Official removal upon noncompliance with removal order.
§ 1427. Collection of removal expenses; status of contractor; amount of lien.
§ 1428. Maintaining an obstruction; class A misdemeanor; a violation.
§ 1431. Telephone messages received or overheard by police as evidence.
§ 1432. Gambling; definitions.
§ 1441. License to carry concealed deadly weapons.
§ 1442. Carrying a concealed deadly weapon; class G felony; class D felony.
§ 1443. Carrying a concealed dangerous instrument; class A misdemeanor.
§ 1444. Possessing a destructive weapon; class E felony.
§ 1446. Unlawfully dealing with a switchblade knife; unclassified misdemeanor.
§ 1447. Possession of a deadly weapon during commission of a felony; class B felony.
§ 1447A. Possession of a firearm during commission of a felony; class B felony.
§ 1448A. Background checks for sales of firearms.
§ 1448B. Background checks for sales of firearms — Unlicensed persons.
§ 1448C. Civil procedures to relinquish firearms or ammunition.
§ 1449. Wearing body armor during commission of felony; class B felony.
§ 1450. Receiving a stolen firearm; class F felony.
§ 1451. Theft of a firearm; class F felony.
§ 1452. Unlawfully dealing with knuckles-combination knife; class B misdemeanor.
§ 1453. Unlawfully dealing with martial arts throwing star; class B misdemeanor.
§ 1454. Giving a firearm to person prohibited; class F felony.
§ 1455. Engaging in a firearms transaction on behalf of another; class E felony; class C felony.
§ 1456. Unsafe storage of a firearm; class A or B misdemeanor.
§ 1458. Removing a firearm from the possession of a law-enforcement officer; class C felony.
§ 1459. Possession of a weapon with a removed, obliterated or altered serial number.
§ 1459A. Possession of an unfinished firearm frame or receiver with no serial number.
§ 1460. Possession of firearm while under the influence.
§ 1461. Report of loss, theft of firearm.
§ 1462. Covert or undetectable firearms; class E or D felony.
§ 1463. Untraceable firearms; class E or D felony.
§ 1465. Definitions related to assault weapons.
§ 1467. Voluntary certificate of possession.
§ 1468. Definitions related to large-capacity magazines.
§ 1469A. Possession of a large-capacity magazine during the commission of a felony; class B felony.