Delaware Code
Title 11 - Crimes and Criminal Procedure
Chapter 5. SPECIFIC OFFENSES

§ 523. Criminal solicitation and conspiracy unaffected by matters relating to the complicity of other persons. - (a) It is no defense to a prosecution for criminal...

§ 531. Attempt to commit a crime. - A person is guilty of an attempt to commit a...

§ 532. “Substantial step” defined. - A “substantial step” under § 531 of this title is...

§ 533. Conduct intended to aid another to commit a crime. - A person who engages in conduct intended to aid another...

§ 541. Criminal solicitation, conspiracy, attempt to commit a crime; defense of renunciation. - (a) In any prosecution for criminal solicitation or conspiracy in...

§ 542. Exemption of law-enforcement officers. - Nothing in this subchapter shall apply to any law-enforcement officer...

Subchapter II. Offenses Against the Person

§ 601. Offensive touching; unclassified misdemeanor; class A misdemeanor. - (a) A person is guilty of offensive touching when the...

§ 602. Menacing; unclassified misdemeanor. - (a) A person is guilty of menacing when by some...

§ 603. Reckless endangering in the second degree; class A misdemeanor. - (a) A person is guilty of reckless endangering in the...

§ 604. Reckless endangering in the first degree; class E felony. - A person is guilty of reckless endangering in the first...

§ 605. Abuse of a pregnant female in the second degree; class C felony. - (a) A person is guilty of abuse of a pregnant...

§ 606. Abuse of a pregnant female in the first degree; class B felony. - (a) A person is guilty of abuse of a pregnant...

§ 607. Strangulation or suffocation; class B or D felony; penalty; affirmative defense. - (a) (1) A person commits the offense of strangulation if...

§ 607A. Aggravated strangulation; penalty; defenses. - (a) As used in this section: (1) “Chokehold” means of...

§ 611. Assault in the third degree; class A misdemeanor. - A person is guilty of assault in the third degree...

§ 612. Assault in the second degree; class D felony. - (a) A person is guilty of assault in the second...

§ 613. Assault in the first degree; class B felony. - (a) A person is guilty of assault in the first...

§ 614. Abuse of a sports official; class G felony; class A misdemeanor. - (a) A person is guilty of abuse of a sports...

§ 616. Gang participation. - (a) Definitions. — The following terms shall have the following...

§ 617. Criminal youth gangs. - (a) Definitions. — The following words, terms and phrases, when...

§ 621. Terroristic threatening. - (a) A person is guilty of terroristic threatening when that...

§ 622. Hoax device; class F felony. - (a) Whoever possesses, transports, uses or places or causes another...

§ 625. Unlawfully administering drugs; class A misdemeanor. - A person is guilty of unlawfully administering drugs when, for...

§ 626. Unlawfully administering controlled substance or counterfeit substance or narcotic drugs; class G felony. - A person is guilty of unlawfully administering a controlled substance...

§ 627. Prohibited acts as to substances releasing vapors or fumes; unclassified misdemeanor. - No person shall: (1) Intentionally smell or inhale the vapors...

§ 628A. Vehicular assault in the second degree; class A misdemeanor. - A person is guilty of vehicular assault in the second...

§ 629. Vehicular assault in the first degree; class F felony. - A person is guilty of vehicular assault in the first...

§ 630. Vehicular homicide in the second degree; class D felony; minimum sentence; juvenile offenders. - (a) A person is guilty of vehicular homicide in the...

§ 630A. Vehicular homicide in the first degree; class C felony; minimum sentence; juvenile offenders. - (a) A person is guilty of vehicular homicide in the...

§ 631. Criminally negligent homicide; class D felony. - A person is guilty of criminally negligent homicide when, with...

§ 632. Manslaughter; class B felony. - A person is guilty of manslaughter when: (1) The person...

§ 633. Murder by abuse or neglect in the second degree; class B felony. - (a) A person is guilty of murder by abuse or...

§ 634. Murder by abuse or neglect in the first degree; class A felony. - (a) A person is guilty of murder by abuse or...

§ 635. Murder in the second degree; class A felony. - A person is guilty of murder in the second degree...

§ 636. Murder in the first degree; class A felony. - (a) A person is guilty of murder in the first...

§ 641. Extreme emotional distress. - The fact that the accused intentionally caused the death of...

§ 645. Promoting suicide; class F felony. - A person is guilty of promoting suicide when the person...

§ 761. Definitions generally applicable to sexual offenses. - (a) “Cognitive disability” means a developmental disability that substantially impairs...

§ 762. Provisions generally applicable to sexual offenses. - (a) Mistake as to age. — Whenever in the definition...

§ 763. Sexual harassment; unclassified misdemeanor. - A person is guilty of sexual harassment when: (1) The...

§ 764. Indecent exposure in the second degree; unclassified misdemeanor. - (a) A male is guilty of indecent exposure in the...

§ 765. Indecent exposure in the first degree; class A misdemeanor. - (a) A male is guilty of indecent exposure in the...

§ 766. Incest; class A misdemeanor. - (a) A person is guilty of incest if the person...

§ 767. Unlawful sexual contact in the third degree; class A misdemeanor. - A person is guilty of unlawful sexual contact in the...

§ 768. Unlawful sexual contact in the second degree; class F felony. - A person is guilty of unlawful sexual contact in the...

§ 769. Unlawful sexual contact in the first degree; class D felony. - (a) A person is guilty of unlawful sexual contact in...

§ 770. Rape in the fourth degree; class C felony. - (a) A person is guilty of rape in the fourth...

§ 771. Rape in the third degree; class B felony. - (a) A person is guilty of rape in the third...

§ 772. Rape in the second degree; class B felony. - (a) A person is guilty of rape in the second...

§ 773. Rape in the first degree; class A felony. - (a) A person is guilty of rape in the first...

§ 774. Sexual extortion; class E felony. - A person is guilty of sexual extortion when the person...

§ 775. Bestiality. - A person is guilty of bestiality when the person intentionally...

§ 776. Continuous sexual abuse of a child; class B felony. - (a) A person is guilty of continuous sexual abuse of...

§ 777. Dangerous crime against a child, definitions, sentences. - (a) A “dangerous crime against a child” means any criminal...

§ 777A. Sex offender unlawful sexual conduct against a child. - (a) A sex offender who knowingly commits any sexual offense...

§ 778. Sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree; penalties. - A person is guilty of sexual abuse of a child...

§ 778A. Sexual abuse of a child by a person in a position of trust, authority, or supervision in the second degree; penalties. - (a) A person is guilty of sexual abuse of a...

§ 780. Female genital mutilation. - (a) A person is guilty of female genital mutilation when:...

§ 780A. Sexual intercourse or penetration with a person in custody; class F felony. - (a) It is unlawful for a law-enforcement officer, an employee...

§ 780B. Unlawful sexual contact with a person in custody; class G felony. - (a) It is unlawful for a law-enforcement officer, an employee...

§ 781. Unlawful imprisonment in the second degree; class A misdemeanor. - A person is guilty of unlawful imprisonment in the second...

§ 782. Unlawful imprisonment in the first degree; class G felony. - A person is guilty of unlawful imprisonment in the first...

§ 783. Kidnapping in the second degree; class C felony. - A person is guilty of kidnapping in the second degree...

§ 783A. Kidnapping in the first degree; class B felony. - A person is guilty of kidnapping in the first degree...

§ 784. Defense to unlawful imprisonment and kidnapping. - In any prosecution for unlawful imprisonment or kidnapping it is...

§ 785. Interference with custody; class G felony; class A misdemeanor. - A person is guilty of interference with custody when: (1)...

§ 786. Kidnapping and related offenses; definitions. - (a) “Harm” to a kidnap victim, in addition to its...

§ 787. Trafficking an individual, forced labor and sexual servitude; class D felony; class C felony; class B felony; class A felony. - (a) For the purposes of this section, the following definitions...

§ 791. Acts constituting coercion; class A misdemeanor. - A person is guilty of coercion when the person compels...

§ 792. Coercion; truth and proper motive as a defense. - In any prosecution for coercion committed by instilling in the...

Subchapter III. Offenses Involving Property

§ 801. Arson in the third degree; affirmative defense; class G felony. - (a) A person is guilty of arson in the third...

§ 802. Arson in the second degree; affirmative defense; class D felony. - (a) A person is guilty of arson in the second...

§ 803. Arson in the first degree; class C felony. - A person is guilty of arson in the first degree...

§ 804. Reckless burning or exploding; class A misdemeanor. - (a) A person is guilty of reckless burning or exploding...

§ 811. Criminal mischief; classification of crime; defense. - (a) A person is guilty of criminal mischief when the...

§ 812. Graffiti and possession of graffiti implements; class G felony; class A misdemeanor; class B misdemeanor. - (a) (1) A person is guilty of the act of...

§ 813. Theft of property from a cemetery. - A person commits theft of property from a cemetery when,...

§ 820. Trespassing with intent to peer or peep into a window or door of another; class B misdemeanor. - A person is guilty of trespassing with intent to peer...

§ 821. Criminal trespass in the third degree; a violation. - A person is guilty of criminal trespass in the third...

§ 822. Criminal trespass in the second degree; unclassified misdemeanor. - A person is guilty of criminal trespass in the second...

§ 823. Criminal trespass in the first degree; class A misdemeanor. - A person is guilty of criminal trespass in the first...

§ 824. Burglary in the third degree; class F felony. - A person is guilty of burglary in the third degree...

§ 825. Burglary in the second degree; class D felony. - (a) A person is guilty of burglary in the second...

§ 826. Burglary in the first degree; class C or B felony. - (a) A person is guilty of burglary in the first...

§ 827. Multiple offenses. - A person may be convicted both of burglary and of...

§ 828. Possession of burglar's tools or instruments facilitating theft; class F felony. - (a) A person is guilty of possession of burglar's tools...

§ 829. Definitions relating to criminal trespass, burglary and home invasion. - (a) “Burglar's tool or instruments” includes the term “bump key”...

§ 831. Robbery in the second degree; class E or D felony. - (a) A person is guilty of robbery in the second...

§ 832. Robbery in the first degree; class B felony. - (a) A person is guilty of robbery in the first...

§ 840. Shoplifting; class G felony; class A misdemeanor. - (a) A person is guilty of shoplifting if, while in...

§ 840A. Use of illegitimate retail sales receipt or Universal Product Code Label. - (a) A person who, with intent to cheat or defraud...

§ 841. Theft; class B felony; class D felony; class F felony; class G felony; class A misdemeanor; restitution. - (a) A person is guilty of theft when the person...

§ 841A. Theft of a motor vehicle; class G felony. - (a) A person is guilty of theft of a motor...

§ 841B. Theft: Organized retail crime; class A misdemeanor; class E felony. - (a) A person is guilty of “theft: (b) For purposes...

§ 841C. Possession or theft of a prescription form or a pad. - (a) A person in possession of a blank prescription form...

§ 841D. Wage theft; class E felony. - (a) A person is guilty of wage theft when the...

§ 842. Theft; lost or mislaid property; mistaken delivery. - A person commits theft when, with the intent prescribed in...

§ 843. Theft; false pretense. - A person commits theft when, with the intent prescribed in...

§ 844. Theft; false promise. - A person commits theft when, with the intent prescribed in...

§ 845. Theft of services. - (a) A person commits theft when, with the intent specified...

§ 846. Extortion; class E felony. - A person commits extortion when, with the intent prescribed in...

§ 847. Theft, extortion; claim of right as an affirmative defense. - (a) In any prosecution for theft or extortion it is...

§ 848. Misapplication of property; class G felony; class A misdemeanor. - A person is guilty of misapplication of property when, knowingly...

§ 849. Theft of rented property; class A misdemeanor or class G felony. - (a) A person is guilty of theft of rental property...

§ 850. Use, possession, manufacture, distribution and sale of unlawful telecommunication and access devices. - (a) Prohibited acts. — A person is guilty of a...

§ 851. Receiving stolen property; class G felony; class A misdemeanor. - A person is guilty of receiving stolen property if the...

§ 852. Receiving stolen property; presumption of knowledge. - Knowledge that property has been acquired under circumstances amounting to...

§ 852A. Selling stolen property; class A misdemeanor; class G felony. - A person is guilty of selling stolen property if, after...

§ 853. Unauthorized use of a vehicle; class A misdemeanor. - A person is guilty of unauthorized use of a vehicle...

§ 854. Identity theft; class D felony. - (a) A person commits identity theft when the person knowingly...

§ 854A. Identity theft passport; application; issuance. - (a) The Office of the Attorney General, in cooperation with...

§ 855. Theft; indictment and proof. - (a) Every prosecution for theft shall be based upon §...

§ 856. Theft, receiving stolen property no defense; receiving stolen property, theft no defense; conviction of both offenses. - (a) In any prosecution for theft or theft of a...

§ 857. Theft and related offenses; definitions. - For purposes of §§ 841-856, 1450 and 1451 of this...

§ 858. Unlawful operation of a recording device. - (a) (1) Any person who knowingly operates the audiovisual recording...

§ 859. Larceny of livestock; penalty. - (a) Whoever feloniously steals, takes and carries away any cow,...

§ 860. Possession of shoplifter's tools or instruments facilitating theft; class F felony. - (a) A person is guilty of possession of shoplifter's tools...

§ 861. Forgery; class F felony; class G felony; class A misdemeanor; restitution required. - (a) A person is guilty of forgery when, intending to...

§ 862. Possession of forgery devices; class G felony. - A person is guilty of possession of forgery devices when:...

§ 863. Forgery and related offenses; definition. - Written instrument” means any instrument or article containing written or...

§ 871. Falsifying business records; class A misdemeanor. - (a) For purposes of this section, “medical record” means a...

§ 872. Falsifying business records; defense. - In any prosecution for falsifying business records it is an...

§ 873. Tampering with public records in the second degree; class A misdemeanor. - A person is guilty of tampering with public records in...

§ 876. Tampering with public records in the first degree; class E felony. - A person is guilty of tampering with public records in...

§ 877. Offering a false instrument for filing; class A misdemeanor. - A person is guilty of offering a false instrument for...

§ 878. Issuing a false certificate; class G felony. - A person is guilty of issuing a false certificate when,...

§ 881. Bribery; class A misdemeanor. - A person is guilty of bribing when: (1) The person...

§ 882. Bribe receiving; class A misdemeanor. - A person is guilty of bribe receiving if: Being an...

§ 891. Defrauding secured creditors; class A misdemeanor. - A person is guilty of defrauding secured creditors if the...

§ 892. Fraud in insolvency; class A misdemeanor. - A person is guilty of fraud in insolvency when, with...

§ 893. Interference with levied-upon property; class A misdemeanor. - A person is guilty of interference with levied-upon property when...

§ 900. Issuing a bad check; class A misdemeanor; class G felony. - (a) A person is guilty of issuing a bad check...

§ 900A. Conditional discharge for issuing a bad check as first offense. - (a) Whenever any person who has not previously been convicted...

§ 901. Definition of “issues” and “passes.” - (a) “Issues.” — A person issues a check when, as...

§ 902. Issuance of bad check by employee as affirmative defense. - In any prosecution for issuing a bad check, it is...

§ 903. Unlawful use of payment card; class G felony; class A misdemeanor. - (a) A person is guilty of unlawful use of a...

§ 903A. Reencoder and scanning devices. - (a) Any person who knowingly, wilfully, and with the intent...

§ 904. Definition of “payment card”. - Payment card” includes any instrument or device, whether known as...

§ 905. Intention and ability to meet obligations as affirmative defense. - In any prosecution for unauthorized use of a payment card...

§ 906. Deceptive business practices; class A misdemeanor. - A person is guilty of deceptive business practices when in...

§ 907. Criminal impersonation; class A misdemeanor. - A person is guilty of criminal impersonation when the person:...

§ 907A. Criminal impersonation, accident related; class G felony. - A person is guilty of criminal impersonation, accident related, when...

§ 907B. Criminal impersonation of a police officer, firefighter, emergency medical technician (EMT), paramedic or fire police; class E felony, class C felony. - (a) A person is guilty of criminal impersonation of a...

§ 907C. Impersonation as a member or veteran of the United States Armed Forces, class A misdemeanor. - (a) A person is guilty of criminal impersonation of a...

§ 908. Unlawfully concealing a will; class G felony. - A person is guilty of unlawfully concealing a will when,...

§ 909. Securing execution of documents by deception; class A misdemeanor. - A person is guilty of securing execution of documents by...

§ 910. Debt adjusting; class B misdemeanor. - A person is guilty of debt adjusting if the person...

§ 911. Fraudulent conveyance of public lands; class G felony. - A person is guilty of fraudulent conveyance of public lands...

§ 912. Fraudulent receipt of public lands; class G felony. - A person is guilty of fraudulent receipt of public lands...

§ 913. Insurance fraud; class G felony. - (a) A person is guilty of insurance fraud when, with...

§ 913A. Health-care fraud; class B felony; class D felony; class G felony. - (a) A person is guilty of health-care fraud when the...

§ 914. Use of consumer identification information. - (a) Except as provided in subsection (b) of this section,...

§ 915. Use of payment card information. - (a) In this section, the following words have the meanings...

§ 915A. Credit and debit card transaction receipts; unclassified misdemeanor. - (a) Except as provided in subsection (b) of this section,...

§ 916. Home improvement fraud; class B felony; class D felony; class F felony; class G felony, class A misdemeanor. - (a) For the purpose of this section, the following definitions...

§ 917. New home construction fraud; class B felony; class D felony; class G felony; class A misdemeanor. - (a) For the purpose of this section, the following definitions...

§ 918. Ticket scalping. - (a) No person shall sell, resell or exchange any ticket...

§ 920. Transfer of recorded sounds; class G felony. - (a) No person shall knowingly transfer or cause to be...

§ 922. Improper labeling; class G felony. - (a) No person shall advertise or offer for sale or...

§ 923. Exceptions. - This subpart shall not apply to: (1) Any broadcaster who,...

§ 924. Civil litigation. - This subpart shall neither enlarge nor diminish the rights of...

§ 924A. Forfeiture. - If a person is convicted of a violation of §...

§ 925. Video privacy protection. - (a) A videotape distributor may not wrongfully disclose an individual...

§ 926. Trademark counterfeiting. - (a) Any person who knowingly manufactures, uses, displays, advertises, distributes,...

§ 931. Definitions. - As used in this subpart: (1) “Access” means to instruct,...

§ 932. Unauthorized access. - A person is guilty of the computer crime of unauthorized...

§ 933. Theft of computer services. - A person is guilty of the computer crime of theft...

§ 934. Interruption of computer services. - A person is guilty of the computer crime of interruption...

§ 935. Misuse of computer system information. - A person is guilty of the computer crime of misuse...

§ 936. Destruction of computer equipment. - A person is guilty of the computer crime of destruction...

§ 937. Unrequested or unauthorized electronic mail or use of network or software to cause same. - A person is guilty of the computer crime of unrequested...

§ 938. Failure to promptly cease electronic communication upon request. - (a) A person is guilty of the computer crime of...

§ 939. Penalties. - (a) A person committing any of the crimes described in...

§ 940. Venue. - (a) In any prosecution for any violation of §§ 932-938...

§ 941. Remedies of aggrieved persons. - (a) Any aggrieved person who has reason to believe that...

§ 951. Money laundering; class D felony. - (a) A person is guilty of money laundering when: (1)...

Subchapter IV. Offenses Relating to Marriage

§ 1001. Bigamy; class G felony. - A person is guilty of bigamy when the person contracts...

§ 1002. Bigamy; defenses. - In any prosecution for bigamy it is a defense that,...

§ 1003. Bigamous marriage contracted outside the State. - Whoever, being a resident of Delaware, goes out of the...

§ 1004. Advertising marriage in another state. - A person is guilty of advertising marriage in another state...

Subchapter V. Offenses Relating to Children and Vulnerable Adults

§ 1100. Definitions relating to children. - When used in this subchapter: (1) “Abuse” means causing any...

§ 1100A. Dealing in children; class E felony. - A person is guilty of dealing in a child if...

§ 1101. Abandonment of child; class E felony; class F felony. - A person is guilty of abandonment of a child when,...

§ 1102. Endangering the welfare of a child; class A misdemeanor; class E or G felony. - (a) A person is guilty of endangering the welfare of...

§ 1102A. Abandonment of a baby at a safe haven as defense. - (a) For purposes of this section, “baby” means as defined...

§ 1103. Child abuse in the third degree; class A misdemeanor. - (a) A person is guilty of child abuse in the...

§ 1103A. Child abuse in the second degree; class G felony. - (a) A person is guilty of child abuse in the...

§ 1103B. Child abuse in the first degree; class B felony. - A person is guilty of child abuse in the first...

§ 1104. Treatment of a child by a prayer as a defense to a charge of not providing medical care or treatment. - In any prosecution for endangering the welfare of a child,...

§ 1105. Crime against a vulnerable adult. - (a) Any person who commits, or attempts to commit, any...

§ 1106. Unlawfully dealing with a child; class B misdemeanor. - A person is guilty of unlawfully dealing with a child...

§ 1107. Endangering children; unclassified misdemeanor. - A person is guilty of endangering children when the person...

§ 1108. Sexual exploitation of a child; class B or D felony. - A person is guilty of sexual exploitation of a child...

§ 1109. Dealing in child pornography; class B or D felony. - A person is guilty of dealing in child pornography when:...

§ 1110. Subsequent convictions of § 1108 or § 1109 of this title; class B felony. - Any person convicted of a class B felony under §...

§ 1110A. Exclusion for §1108 and §1109 of this title. - Where the underlying prohibited sexual act is “partial nudity” as...

§ 1111. Possession of child pornography; class F felony. - A person is guilty of possession of child pornography when:...

§ 1112. Sexual offenders; prohibitions from school zones. - (a) Any person who is a sexual offender and who:...

§ 1112A. Sexual solicitation of a child; class C felony; class B felony. - (a) A person is guilty of sexual solicitation of a...

§ 1112B. Promoting sexual solicitation of a child. - (a) A person is guilty of promoting sexual solicitation of...

§ 1112C. Enticement for purposes of sexual contact; class F felony. - (a) A person is guilty of enticement if the person,...

§ 1113. Criminal nonsupport and aggravated criminal nonsupport. - (a) A person is guilty of criminal nonsupport when that...

§ 1114. Body-piercing, tattooing or branding; consent for minors; civil and criminal penalties. - (a) No person shall knowingly or negligently tattoo, brand or...

§ 1114A. Tongue-splitting; class A misdemeanor; class B misdemeanor; class G felony; additional civil penalties. - (a) A person is guilty of tongue-splitting in the first...

§ 1115. Definitions. - (1) “Coupon” means any card, paper, note, form, statement, ticket...

§ 1116. Sale or distribution of tobacco products or tobacco substitutes to individuals under the age of 21 years. - (a) It shall be unlawful for any person to sell...

§ 1117. Notice. - A person engaged in the sale or distribution of tobacco...

§ 1118. Distribution of samples or coupons. - (a) It shall be unlawful for any person to distribute...

§ 1119. Distribution of tobacco products or tobacco substitutes through vending machines. - (a) It shall be unlawful for any person to distribute...

§ 1120. Distribution of tobacco products. - (a) No person shall distribute a tobacco product for commercial...

§ 1121. Penalties. - (a) (1) Notwithstanding any other provision of Delaware law, a...

§ 1122. Affirmative defense. - In any prosecution for an offense under this subpart, it...

§ 1123. Liability of employer. - (a) If a sale or distribution of any tobacco product...

§ 1125. Unannounced inspections; reporting; enforcement. - (a) The Department of Safety and Homeland Security or its...

§ 1126. Jurisdiction. - The Justice of the Peace Court has jurisdiction over violations...

§ 1127. Preemption. - The provisions of this subpart shall preempt and supersede any...

Subchapter VI. Offenses Against Public Administration

§ 1201. Bribery; class E felony. - A person is guilty of bribery when: (1) The person...

§ 1202. Bribery; defense. - In any prosecution for bribery under § 1201(1) of this...

§ 1203. Receiving a bribe; class E felony. - (a) A public servant is guilty of receiving a bribe...

§ 1204. Theft or coercion no defense to receiving a bribe. - It is no defense to a prosecution for receiving a...

§ 1205. Giving unlawful gratuities; class A misdemeanor. - A person is guilty of giving unlawful gratuities when the...

§ 1206. Receiving unlawful gratuities; class A misdemeanor. - A public servant is guilty of receiving unlawful gratuities when...

§ 1207. Improper influence; class A misdemeanor. - A person is guilty of improper influence when: (1) The...

§ 1208. Defect in office no defense. - It is no defense to a prosecution for improper influence...

§ 1209. Definitions relating to bribery and improper influence. - As used in §§ 1201-1208 of this title: (1) “Harm”...

§ 1211. Official misconduct; class A misdemeanor. - A public servant is guilty of official misconduct when, intending...

§ 1212. Profiteering; class A misdemeanor. - A public servant is guilty of profiteering when, in contemplation...

§ 1213. Definitions relating to abuse of office. - (a) The definitions under § 1209 of this title apply...

§ 1221. Perjury in the third degree; class A misdemeanor. - A person is guilty of perjury in the third degree...

§ 1222. Perjury in the second degree; class F felony. - A person is guilty of perjury in the second degree...

§ 1223. Perjury in the first degree; class D felony. - A person is guilty of perjury in the first degree...

§ 1224. Definition of “swears falsely.” - A person “swears falsely” when the person intentionally makes a...

§ 1225. Inconsistent statements under oath; no need to prove one false; framing indictment; proof of irreconcilable inconsistency; conviction of lesser offense. - When a person has made 2 statements under oath which...

§ 1231. Retraction of false statement as affirmative defense. - In any prosecution for perjury, it is an affirmative defense...

§ 1232. Perjury; no defense. - It is no defense to a prosecution for perjury that:...

§ 1233. Making a false written statement; class A misdemeanor. - A person is guilty of making a false written statement...

§ 1234. Corroboration of testimony of perjury or false written statement. - In any prosecution for perjury or making a false written...

§ 1235. Perjury and related offenses; definitions. - (a) A statement is “material” when, regardless of its admissibility...

§ 1239. Wearing a disguise during the commission of a felony; class E felony. - (a) A person who wears a hood, mask or other...

§ 1240. Terroristic threatening of public officials or public servants; class G felony. - (a) A person is guilty of terroristic threatening of a...

§ 1241. Refusing to aid a police officer; class B misdemeanor. - A person is guilty of refusing to aid a police...

§ 1242. Limitation of civil liability for aiding a police officer. - (a) A person who complies with § 1241 of this...

§ 1243. Obstructing fire-fighting operations; class A misdemeanor. - A person is guilty of obstructing fire-fighting operations when the...

§ 1244. Hindering prosecution; class A misdemeanor. - (a) A person is guilty of hindering prosecution when, with...

§ 1245. Falsely reporting an incident; class A misdemeanor. - A person is guilty of falsely reporting an incident when,...

§ 1245A. Providing a false statement to law enforcement; class G felony; class A misdemeanor. - (a) A person is guilty of providing a false statement...

§ 1246. Compounding a crime; class A misdemeanor. - A person is guilty of compounding a crime when: (1)...

§ 1247. Defense to compounding a crime. - In any prosecution for compounding a crime, it is an...

§ 1248. Obstructing the control and suppression of rabies. - (a) A person is guilty of obstructing the control and...

§ 1249. Abetting the violation of driver's license restrictions. - (a) It shall be unlawful for any person to blow...

§ 1250. Offenses against law-enforcement animals. - (a) Harassment of law-enforcement animals. — (1) A person is...

§ 1251. Escape in the third degree; class A misdemeanor. - A person is guilty of escape in the third degree...

§ 1252. Escape in the second degree; class G felony. - A person is guilty of escape in the second degree...

§ 1253. Escape after conviction; class B felony; class C felony; class D felony. - A person shall be guilty of escape after conviction if...

§ 1254. Assault in a detention facility; penalty; class B and class D felony. - (a) Any person who, being confined in a detention facility,...

§ 1256. Promoting prison contraband; class F felony; class A misdemeanor. - (a) A person is guilty of promoting prison contraband when:...

§ 1257. Resisting arrest with force or violence, class G felony; resisting arrest, class A misdemeanor. - (a) A person is guilty of resisting arrest with force...

§ 1257A. Use of an animal to avoid capture, class G felony; “class A misdemeanor.” - (a) A person is guilty of using an animal to...

§ 1258. Escape and offenses relating to custody; definitions. - As used in §§ 1251-1257 of this title: (1) “Contraband”...

§ 1260. Misuse of prisoner mail; class A misdemeanor; class G felony. - A person is guilty of misuse of prisoner mail when...

§ 1261. Bribing a witness; class E felony. - A person is guilty of bribing a witness when the...

§ 1262. Bribe receiving by a witness; class E felony. - A witness or a person about to be called as...

§ 1263. Tampering with a witness; class E felony. - A person is guilty of tampering with a witness when:...

§ 1263A. Interfering with child witness. - (a) A person commits an offense if, intending to interfere...

§ 1264. Bribing a juror; class E felony. - A person is guilty of bribing a juror when the...

§ 1265. Bribe receiving by a juror; class E felony. - A juror is guilty of bribe receiving by a juror...

§ 1266. Tampering with a juror; class A misdemeanor. - A person is guilty of tampering with a juror when:...

§ 1267. Misconduct by a juror; class A misdemeanor. - A person is guilty of misconduct by a juror when,...

§ 1268. Communications between jurors not tampering or misconduct. - Nothing in § 1266 or § 1267 of this title...

§ 1269. Tampering with physical evidence; class G felony. - A person is guilty of tampering with physical evidence when:...

§ 1271. Criminal contempt; class A misdemeanor; class B misdemeanor. - A person is guilty of criminal contempt when the person...

§ 1271A. Criminal contempt of a domestic violence protective order or lethal violence protective order; class A misdemeanor; class F felony [Effective until Apr. 10, 2023]. - (a) (1) A person is guilty of criminal contempt of...

§ 1271A. Criminal contempt of a domestic violence protective order, lethal violence protective order, or sexual violence protective order; class A misdemeanor; class F felony [Effective Apr. 10, 2023]. - (a) (1) A person is guilty of criminal contempt of...

§ 1272. Criminal contempt; summary punishment. - A person who commits criminal contempt as defined by §...

§ 1273. Unlawful grand jury disclosure; class B misdemeanor. - A person is guilty of unlawful grand jury disclosure when,...

§ 1274. Offenses relating to judicial and similar proceedings; definitions. - As used in §§ 1261-1273 of this title: (1) “Benefit”...

Subchapter VII. Offenses Against Public Health, Order and Decency

§ 1301. Disorderly conduct; unclassified misdemeanor. - A person is guilty of disorderly conduct when: (1) The...

§ 1302. Riot; class F felony. - A person is guilty of riot when the person participates...

§ 1303. Disorderly conduct; funeral or memorial service. - (a) A person shall not do any of the following...

§ 1304. Hate crimes; class A misdemeanor, class G felony, class F felony, class E felony, class D felony, class C felony, class B felony, class A felony. - (a) Any person who commits, or attempts to commit, any...

§ 1305. Desecration; class A misdemeanor. - (a) A person is guilty of desecration if the person...

§ 1306. Cross or religious symbol burning; class A misdemeanor. - (a) A person is guilty of cross or religious symbol...

§ 1307. Civil remedies for violations of hate crimes and related offenses. - (a) A person incurring injury to self, including emotional distress,...

§ 1308. Hate crime reporting requirement. - (a) Police agencies shall report the number of violations, or...

§ 1309. Deprivation of Civil Rights. - (a) Whoever, under color of any law, statute, ordinance, regulation,...

§ 1311. Harassment; class A misdemeanor. - (a) A person is guilty of harassment when, with intent...

§ 1312. Stalking; class G felony, class F felony, class C felony. - (a) A person is guilty of stalking when the person...

§ 1313. Malicious interference with emergency communications; class B misdemeanor. - (a) As used in this section: (1) “Emergency communication” means...

§ 1315. Public intoxication; unclassified misdemeanor; violation. - A person is guilty of public intoxication when the person...

§ 1316. Registration of out-of-state liquor agents; violation. - (a) In order to promote and protect the public safety...

§ 1320. Loitering on property of a state-supported school, college or university; violation. - A person is guilty of loitering on property of a...

§ 1321. Loitering; violation. - A person is guilty of loitering when: (1) The person...

§ 1322. Criminal nuisance; unclassified misdemeanor. - A person is guilty of criminal nuisance when: (1) By...

§ 1323. Obstructing public passages; violation. - A person is guilty of obstructing public passages when alone...

§ 1324. Obstructing ingress to or egress from public buildings; unclassified misdemeanor. - A person is guilty of obstructing ingress to or egress...

§ 1325. Cruelty to animals; class A misdemeanor; class F felony. - (a) For the purpose of this section, the following words...

§ 1325A. The unlawful trade in dog or cat by-products; class B misdemeanor; class A misdemeanor, penalties. - (a) (1) A person is guilty of the unlawful trade...

§ 1326. Animals; fighting and baiting prohibited; class E felony. - (a) A person who owns, possesses, keeps, trains, or uses...

§ 1327. Maintaining a dangerous animal; class E felony; class F felony; class A misdemeanor. - (a) A person is guilty of maintaining a dangerous animal...

§ 1330. Smoking on trolleys and buses. - (a) Whoever in any trackless trolley coach, or gasoline or...

§ 1332. Abusing a corpse; class A misdemeanor. - A person is guilty of abusing a corpse when, except...

§ 1333. Trading in human remains and Associated Funerary Objects. - (a) As used in this section: (1) “Associated funerary objects”...

§ § 1334. Unlawful use of an unmanned aircraft system; unclassified misdemeanor; class B misdemeanor; class A misdemeanor. - (a) Definitions. — The following terms shall have the following...

§ 1335. Violation of privacy; class A misdemeanor; class G felony. - (a) A person is guilty of violation of privacy when,...

§ 1337. Definitions relating to riot, disorderly conduct and related offenses. - (a) “Private place” means a place where one may reasonably...

§ 1338. Bombs, incendiary devices, Molotov cocktails and explosive devices; class D felony. - (a) For purposes of this section the following definitions shall...

§ 1339. Adulteration; class G felony; class E felony; class A felony. - (a) A person is guilty of adulteration when: (1) The...

§ 1341. Lewdness; class B misdemeanor. - A person is guilty of lewdness when the person does...

§ 1342. Prostitution; class B misdemeanor. - (a) (1) A person, 18 years or older, is guilty...

§ 1343. Patronizing a prostitute prohibited. - (a) A person is guilty of patronizing a prostitute when:...

§ 1344. Prostitution and patronizing a prostitute; no defense. - In any prosecution for prostitution it is no defense that...

§ 1345. Screening for sexually transmissible diseases. - (a) Any person convicted under § 1342 or § 1343...

§ 1351. Promoting prostitution in the third degree; class F felony. - A person is guilty of promoting prostitution in the third...

§ 1352. Promoting prostitution in the second degree; class E felony. - A person is guilty of promoting prostitution in the second...

§ 1353. Promoting prostitution in the first degree; class C felony. - A person is guilty of promoting prostitution in the first...

§ 1354. Promoting prostitution; attempt to promote prostitution; corroboration. - A person shall not be convicted of promoting prostitution or...

§ 1355. Permitting prostitution; class B misdemeanor. - A person is guilty of permitting prostitution when, having possession...

§ 1356. Definitions relating to prostitution. - As used in §§ 1342-1355 of this title: (1) “Advance...

§ 1361. Obscenity; acts constituting; class E felony or class G felony; subsequent violations. - (a) A person is guilty of obscenity when the person...

§ 1362. Obscenity; defenses. - In any prosecution for obscenity it is an affirmative defense...

§ 1363. Obscenity; presumption. - A person who disseminates or possesses obscene material in the...

§ 1364. Definition of obscene. - Material or live conduct is obscene if: (1) The average...

§ 1365. Obscene literature harmful to minors; class A misdemeanor. - (a) Definitions as used in this section: (1) “Harmful to...

§ 1366. Outdoor motion picture theaters. - (a) Whoever being the owner or operator of an outdoor...

§ 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...

§ 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...

§ 1401. Advancing gambling in the second degree; class A misdemeanor. - A person is guilty of advancing gambling in the second...

§ 1402. Foreign lotteries; prima facie evidence; class A misdemeanor. - (a) A person is guilty of engaging in a foreign...

§ 1403. Advancing gambling in the first degree; class A misdemeanor. - A person is guilty of advancing gambling in the first...

§ 1404. Providing premises for gambling; class A misdemeanor; unclassified misdemeanor. - A person is guilty of providing premises for gambling when:...

§ 1405. Possessing a gambling device; class A misdemeanor. - (a) A person is guilty of possessing a gambling device...

§ 1406. Being concerned in interest in keeping any gambling device; class A misdemeanor. - (a) A person is guilty of being concerned in interest...

§ 1407. Engaging in a crap game; violation. - A person is guilty of engaging in a crap game...

§ 1408. Merchandising plans are not gambling. - Sections 1401-1405 of this title are inapplicable to any plan...

§ 1408A. Savings promotion raffle not gambling. - A savings promotion raffle that conforms with the requirement of...

§ 1409. Exemption of law-enforcement officer. - Nothing in subpart D of subchapter VII of this chapter...

§ 1411. Unlawfully disseminating gambling information; class A misdemeanor. - A person is guilty of unlawfully disseminating gambling information when:...

§ 1412. Revocation of service contracts or denial of application for service; exemption from liability. - (a) The Attorney General, if the Attorney General has reasonable...

§ 1413. Exemption for operations of lottery under State control. - The sale, lease, transport, ownership, possession, exhibition, manufacture, servicing, marketing...

§ 1421. Obstructions; service of notice. - If the Attorney General finds that access to a building,...

§ 1422. Posting of notice. - If the occupant or owner cannot be found, the prescribed...

§ 1423. Contents of notice. - The notice which is served personally upon the occupant or...

§ 1424. Hearing. - At the time stated in the notice, a hearing shall...

§ 1425. Findings of Court; order for removal. - If the Court, after a hearing upon the requisite matters,...

§ 1426. Official removal upon noncompliance with removal order. - In the event that the obstructions are not removed within...

§ 1427. Collection of removal expenses; status of contractor; amount of lien. - The expenses of a removal under § 1426 of this...

§ 1428. Maintaining an obstruction; class A misdemeanor; a violation. - A person is guilty of maintaining an obstruction when, being...

§ 1431. Telephone messages received or overheard by police as evidence. - In any prosecution for a gambling offense, evidence that a...

§ 1432. Gambling; definitions. - (a) “Call service” means the furnishing of information upon request...

§ 1441. License to carry concealed deadly weapons. - (a) A person of full age and good moral character...

§ 1441A. State implementation of the federal Law Enforcement Officers Safety Act of 2004 (18 U.S.C. § 926B as amended in 2010 and 2013); carrying of concealed firearms by qualified law-enforcement officers. - (a) Notwithstanding any other provision of the law of any...

§ 1441B. State implementation of the federal Law Enforcement Officers Safety Act of 2004 (18 U.S.C. § 926C as amended in 2010 and 2013); carrying of concealed firearms by qualified retired law-enforcement officers. - (a) Notwithstanding any other provision of the law of any...

§ 1442. Carrying a concealed deadly weapon; class G felony; class D felony. - A person is guilty of carrying a concealed deadly weapon...

§ 1443. Carrying a concealed dangerous instrument; class A misdemeanor. - (a) A person is guilty of carrying a concealed dangerous...

§ 1444. Possessing a destructive weapon; class E felony. - (a) A person is guilty of possessing a destructive weapon...

§ 1445. Unlawfully dealing with a dangerous weapon; unclassified misdemeanor; Class E or G felony [Effective until June 30, 2025]. - (a) A person is guilty of unlawfully dealing with a...

§ 1445. Unlawfully dealing with a dangerous weapon; unclassified misdemeanor; Class E or G felony [Effective June 30, 2025]. - (a) A person is guilty of unlawfully dealing with a...

§ 1446. Unlawfully dealing with a switchblade knife; unclassified misdemeanor. - A person is guilty of unlawfully dealing with a switchblade...

§ 1446A. Undetectable knives; commercial manufacture, import for commercial sale, or offers for commercial sale; or possession. - (a) Any person in this state who commercially manufactures or...

§ 1447. Possession of a deadly weapon during commission of a felony; class B felony. - (a) A person who is in possession of a deadly...

§ 1447A. Possession of a firearm during commission of a felony; class B felony. - (a) A person who is in possession of a firearm...

§ 1448. Possession and purchase of deadly weapons by persons prohibited; penalties [Effective until June 30, 2025]. - (a) Except as otherwise provided in this section, the following...

§ 1448. Possession and purchase of deadly weapons by persons prohibited; penalties [Effective June 30, 2025]. - (a) Except as otherwise provided in this section, the following...

§ 1448A. Background checks for sales of firearms. - (a) A licensed importer, licensed manufacturer, or licensed dealer may...

§ 1448B. Background checks for sales of firearms — Unlicensed persons. - (a) An unlicensed person may not sell or transfer any...

§ 1448C. Civil procedures to relinquish firearms or ammunition. - (a) For the purposes of this section: (1) “Ammunition” means...

§ 1449. Wearing body armor during commission of felony; class B felony. - (a) A person who wears body armor during the commission...

§ 1450. Receiving a stolen firearm; class F felony. - A person is guilty of receiving a stolen firearm if...

§ 1451. Theft of a firearm; class F felony. - (a) A person is guilty of theft of a firearm...

§ 1452. Unlawfully dealing with knuckles-combination knife; class B misdemeanor. - A person is guilty of unlawfully dealing with a knuckles-combination...

§ 1453. Unlawfully dealing with martial arts throwing star; class B misdemeanor. - A person is guilty of unlawfully dealing with a martial...

§ 1454. Giving a firearm to person prohibited; class F felony. - A person is guilty of giving a firearm to certain...

§ 1455. Engaging in a firearms transaction on behalf of another; class E felony; class C felony. - (a) A person is guilty of engaging in a firearms...

§ 1456. Unsafe storage of a firearm; class A or B misdemeanor. - (a) (1) A person is guilty of unsafe storage of...

§ 1457. Possession of a weapon in a Safe School and Recreation Zone; class D, E, or F felony; class A or B misdemeanor. - (a) Any person who commits any of the offenses described...

§ 1458. Removing a firearm from the possession of a law-enforcement officer; class C felony. - (a) A person shall not knowingly or recklessly remove or...

§ 1459. Possession of a weapon with a removed, obliterated or altered serial number. - (a) No person shall knowingly transport, ship, possess or receive...

§ 1459A. Possession of an unfinished firearm frame or receiver with no serial number. - (a) No person shall knowingly transport, ship, transfer, or sell...

§ 1460. Possession of firearm while under the influence. - (a) A person is guilty of possession of a firearm...

§ 1461. Report of loss, theft of firearm. - (a) Any owner of a firearm, defined in § 222...

§ 1462. Covert or undetectable firearms; class E or D felony. - (a) A person is guilty of possession of a covert...

§ 1463. Untraceable firearms; class E or D felony. - (a) A person is guilty of possessing an untraceable firearm...

§ 1464. Legislative findings. - The General Assembly hereby finds and declares that the proliferation...

§ 1465. Definitions related to assault weapons. - For purposes of this section and § 1466 and §...

§ 1466. Manufacture, sale, transport, transfer, purchase, receipt, and possession of assault weapons; class E or F felony. - (a) Prohibitions. — Except as provided in subsection (b) or...

§ 1467. Voluntary certificate of possession. - (a) A person who is exempt from § 1466(a) of...

§ 1468. Definitions related to large-capacity magazines. - For purposes of this section and §§ 1469 and 1469A...

§ 1469. Large-capacity magazines prohibited; class E felony; class B misdemeanor; or civil violation [Effective until Jan. 1, 2024]. - (a) Except as otherwise provided in subsections (c) through (e)...

§ 1469. Large-capacity magazines prohibited; class E felony; class B misdemeanor; or civil violation [Effective Jan. 1, 2024]. - (a) Except as otherwise provided in subsections (c) through (e)...

§ 1469A. Possession of a large-capacity magazine during the commission of a felony; class B felony. - (a) It is unlawful for a person to possess a...

§ 1470. Definitions. - (a) “Cheat” means to alter the element of chance, method...

§ 1471. Prohibited acts. - (a) It shall be unlawful for any person to use...

§ 1472. Penalties. - (a) Any person convicted of conduct constituting a violation of...

§ 1473. Preclusions. - Nothing in this subchapter shall be construed as to prohibit...

§ 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...

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Delaware Code Title 11 - Crimes and Criminal Procedure Chapter 5. SPECIFIC OFFENSES

Delaware Code
Title 11 - Crimes and Criminal Procedure
Chapter 5. SPECIFIC OFFENSES