DelawareHB 197153rd General Assembly (2024–2026)House

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO STALKING.

Sponsored By: Krista Griffith (Democratic)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 1 benefits, 1 costs, 1 mixed.

Protected activities stay outside stalking cases

People charged with stalking can raise a defense based on lawful activity protected by the Constitution, replacing the lawful-picketing defense. When the defense is legally valid, all evidence of that activity must be excluded from the case. The stalking law also excludes conduct that furthers legitimate activities of law enforcement, private investigators, security officers, or private detectives.

Stalking offenders face higher felony penalties

Basic stalking rises from a class G to a class E felony. Aggravated stalking rises from class F to class D when the offender is 21 or older and the victim is under 14, violates a no-contact order, targets someone 62 or older, threatens death or serious physical injury to the victim or another person, or physically injures the victim. Stalking remains a class C felony when the offender possesses a deadly weapon during any act or seriously injures the victim. A stalking pattern that includes acts banned by a court order or sentence in effect at the time requires at least 6 months in Level V incarceration, with the first 6 months not subject to suspension. A stalking conviction within 5 years of a prior stalking conviction requires at least 1 year in Level V incarceration, with the first year not subject to suspension.

Broader stalking rules protect targeted people

Stalking requires knowingly targeting a specific person through three or more separate incidents. The conduct must meet a test for fear of physical injury or significant mental distress, based on a reasonable person in the victim’s circumstances. Incidents include following, monitoring, tracking, watching, or surveying someone, directly or through others; threats or communications to or about someone count when made while consciously disregarding a substantial risk of violating the stalking law. Conduct that interferes with, jeopardizes, damages, or disrupts daily activities, property, work, business, career, education, or medical care also counts. Prosecutors need no conviction for each incident and can pursue stalking and related charges separately; lack of notice that conduct was unwanted or lack of intent to cause fear or distress is not a defense.

Sponsors & Cosponsors

Sponsor

Krista Griffith
Democratic • House

Cosponsors

Daniel Cruce
Democratic • Senate
Kyra L. Hoffner
Democratic • Senate
Cyndie Romer
Democratic • House
Laura V. Sturgeon
Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 58 • No: 1

Senate vote • 5/5/2026

Passed (SM required)

Yes: 21 • No: 0

House vote • 6/30/2025