Title 11 — Crimes and Criminal Procedure
52 chapters · 355 sections in this title.
11 Del. C. § 4201. Transition provisions.
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§ 4201. Transition provisions. (a) Felonies are classified, for the purpose of sentence, into 7 categories: (1) Class A felonies; (2) Class B felonies; (3) Class C felonies; (4) Class D felonies; (5) Class E felonies; (6) Class F felonies; (7) Class G felonies. (b) Any crime or o…
11 Del. C. § 4202. Classification of misdemeanors.
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§ 4202. Classification of misdemeanors. (a) Misdemeanors are classified for the purpose of sentence into 2 categories: (1) Class A misdemeanors; (2) Class B misdemeanors. (b) Any offense defined by statute which is not specifically designated a felony, a class A misdemeanor, a cl…
11 Del. C. § 4203. Violations.
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§ 4203. Violations. There shall be a class of offenses denominated violations. No offense is a violation unless expressly declared to be a violation in this Criminal Code or in the statute defining the offense.11 Del. C. 1953, § 4203; 58 Del. Laws, c. 497, § 2;
11 Del. C. § 4204. Authorized disposition of convicted offenders.
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§ 4204. Authorized disposition of convicted offenders. (a) Every person convicted of an offense shall be sentenced in accordance with this Criminal Code, with the exception of an environmental misdemeanor as defined in § 1304 of Title 7. This section applies to all judgments of c…
11 Del. C. § 4204A. Youth convicted in Superior Court.
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§ 4204A. Youth convicted in Superior Court. (a) [Repealed.] (b) When a child who has not reached that child’s eighteenth birthday is sentenced in Superior Court to a period of incarceration, such sentence shall initially be served in a juvenile facility upon imposition of the sen…
11 Del. C. § 4205. Sentence for felonies.
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§ 4205. Sentence for felonies. (a) A sentence of incarceration for a felony shall be a definite sentence. (b) The term of incarceration which the court may impose for a felony is fixed as follows: (1) For a class A felony not less than 15 years up to life imprisonment to be serve…
11 Del. C. § 4205A. Additional penalty for serious sex offenders or pedophile offenders.
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§ 4205A. Additional penalty for serious sex offenders or pedophile offenders. (a) Notwithstanding any provision of this chapter or any other laws to the contrary, the Superior Court, upon the State’s application, shall sentence a defendant convicted of any crime set forth in § 77…
11 Del. C. § 4206. Sentence for misdemeanors.
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§ 4206. Sentence for misdemeanors. (a) The sentence for a class A misdemeanor may include up to 1 year incarceration at Level V and such fine up to $2,300, restitution or other conditions as the court deems appropriate. (b) The sentence for a class B misdemeanor may include up to…
11 Del. C. § 4207. Sentences for violations.
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§ 4207. Sentences for violations. (a) The Court may impose a fine of up to $345 for the first offense of any violation, up to $690 for the second offense of that same violation and up to $1,150 for the third offense of the same violation; provided, that only violations which occu…
11 Del. C. § 4208. Fines for organizations.
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§ 4208. Fines for organizations. A sentence to pay a fine, when imposed on an organization, shall be the amount specified in the law setting forth the offense if a penalty is specified in that law, or, if there is no specific penalty defined in the law setting forth the offense, …
11 Del. C. § 4209. Punishment for first-degree murder committed by adult offenders.
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§ 4209. Punishment for first-degree murder committed by adult offenders. (a) Punishment for first-degree murder. — Any person who is convicted of first-degree murder for an offense that was committed after the person had reached the person’s eighteenth birthday shall be punished …
11 Del. C. § 4209A. Punishment for first-degree murder committed by juvenile offenders.
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§ 4209A. Punishment for first-degree murder committed by juvenile offenders. Any person who is convicted of first-degree murder for an offense that was committed before the person had reached the person’s eighteenth birthday shall be sentenced to term of incarceration not less th…
11 Del. C. § 4210. Arrest and disposition of intoxicated persons.
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§ 4210. Arrest and disposition of intoxicated persons. (a) Any intoxicated person taken into custody for a violation of § 1315 of this title shall immediately be taken to a detoxification center where the person shall be admitted as a patient. (1) The arresting officer shall leav…
11 Del. C. § 4211. Payment of expenses.
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§ 4211. Payment of expenses. Any person treated under § 4210 of this title shall, any law to the contrary notwithstanding, be responsible for the incurred expenses, and shall be billed for same by the Department of Mental Health.11 Del. C. 1953, § 4211; 58 Del. Laws, c. 497, § 2;
11 Del. C. § 4212. Definitions relating to §§ 4210 and 4211.
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§ 4212. Definitions relating to §§ 4210 and 4211. For the purposes of §§ 4210 and 4211 of this title, the following words and phrases shall have the meanings respectively ascribed to them: (1) “Chronic alcoholic” shall mean a person who compulsively and habitually uses alcoholic …
11 Del. C. § 4213. Arrest of persons under the influence of drugs; drug detoxification centers.
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§ 4213. Arrest of persons under the influence of drugs; drug detoxification centers. (a) For purposes of this section only, the following phrases shall have meanings respectively ascribed to them: (1) “A person under the influence of drugs” shall mean a person whose powers of sel…
11 Del. C. § 4214. Habitual criminal; life sentence
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§ 4214. Habitual criminal; life sentence (a) Any person who has been 2 times convicted of a Title 11 violent felony, or attempt to commit such a violent felony, as defined in § 4201(c) of this title under the laws of this State, and/or any comparable violent felony as defined by …
11 Del. C. § 4215. Sentence of greater punishment because of previous conviction.
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§ 4215. Sentence of greater punishment because of previous conviction. (a) If at the time of sentence, it appears to the court that the conviction of a defendant constitutes a second or other conviction making the defendant liable to a punishment greater than the maximum which ma…
11 Del. C. § 4215A. Sentence of greater punishment because of previous conviction under prior law or the laws of other jurisdictions.
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§ 4215A. Sentence of greater punishment because of previous conviction under prior law or the laws of other jurisdictions. (a) Notwithstanding any provision of law to the contrary, if a previous conviction for a specified offense would make the defendant liable to a punishment gr…
11 Del. C. § 4216. Transition provisions.
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§ 4216. Transition provisions. (a) Where an inmate is serving a sentence to Level V (incarceration) imposed not under the Truth in Sentencing Act of 1989 and receives a subsequent sentence to Level V under the provisions of the Truth in Sentencing Act, serving of the earlier sent…
11 Del. C. § 4217. Jurisdiction over sentence retained; sentence modification process.
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§ 4217. Jurisdiction over sentence retained; sentence modification process. (a) (1) For purposes of this section, “person” means an individual serving an aggregate sentence of incarceration at Level V in excess of 1 year. (2) If a court imposes an aggregate sentence of incarcerat…
11 Del. C. § 4218. Probation before judgment.
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§ 4218. Probation before judgment. (a) Subject to the limitations set forth in this section, for a violation or misdemeanor offense under Title 4, 7, or this title, or for any violation or misdemeanor offense under Title 21 which is designated as a motor vehicle offense subject t…
11 Del. C. § 4219. Continuous Remote Alcohol Monitoring Program.
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§ 4219. Continuous Remote Alcohol Monitoring Program. (a) There is hereby established for sentencing and probation purposes a Continuous Remote Alcohol Monitoring Program which shall use technology to monitor offenders for alcohol use. The program shall be administered by the Dep…
11 Del. C. § 4220. Modification, suspension or reduction of sentence for substantial assistance.
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§ 4220. Modification, suspension or reduction of sentence for substantial assistance. (a) The Attorney General may move the sentencing court to modify, reduce or suspend the sentence of any person who is convicted of any crime or offense specified in this Code, and who provides s…
11 Del. C. § 4221. Modification, deferral, suspension or reduction of sentence for serious physical illness, injury or infirmity.
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§ 4221. Modification, deferral, suspension or reduction of sentence for serious physical illness, injury or infirmity. Notwithstanding any provision of law to the contrary, a court may modify, defer, suspend or reduce a minimum or mandatory sentence of 1 year or less, or a portio…