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

New penalties for damaging Delaware property

Delaware law sets criminal mischief penalties for damaging another person's property, dangerous property tampering, and tampering with or connecting to public utilities. Intentionally damaging an authorized emergency vehicle is a Class F felony when losses reach $5,000 or the damage temporarily prevents emergency response. Covered equipment includes vehicles, aircraft, boats, and drones owned, leased, or used by fire departments, police agencies, or ambulance companies. Specialized vehicles used by paramedics also qualify. Other intentional damage causing at least $5,000 in losses is a Class G felony. Conduct that substantially disrupts public communications, transportation, water, gas, power, or another public service also qualifies as a Class G felony. Intentional or reckless damage causing more than $1,000 in losses is a Class A misdemeanor unless either felony rule applies. Remaining criminal mischief offenses are unclassified misdemeanors. Offenses on or along a designated Delaware byway carry a mandatory fine of at least $500. The law preserves a lawful-purpose defense for utility-related conduct and a defense based on reasonably believing the conduct was lawful or permitted.