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Delaware Statutes, Title 11

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Delaware/Statutes

← All Delaware coverage

Title 11, Crimes and Criminal Procedure

53 chapters · 1,301 sections in this title.

All chapters in Title 111,301 Ch 5, SPECIFIC OFFENSES432 Ch 85, STATE BUREAU OF IDENTIFICATION85 Ch 65, DEPARTMENT OF CORRECTION69 Ch 83, STATE POLICE49 Ch 43, SENTENCING, PROBATION, PAROLE AND PA…48 Ch 25, EXTRADITION AND DETAINERS41 Ch 2, General Provisions Concerning Offenses40 Ch 4, Defenses to Criminal Liability34 Ch 35, WITNESSES AND EVIDENCE29 Ch 88, Delaware County and Municipal Police…29 Ch 19, ARREST AND COMMITMENT; FRESH PURSUIT26 Ch 94, Crime Victims’ Bill of Rights26 Ch 42, Classification of Offenses; Sentences25 Ch 90, Compensation for Innocent Victims of…25

432 sections·Filtered byTitle 11✕Ch 5✕

11 Del. C. § 1271. Criminal contempt; class A misdemeanor; class B misdemeanor.
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§ 1271. Criminal contempt; class A misdemeanor; class B misdemeanor. A person is guilty of criminal contempt when the person engages in any of the following conduct: (1) Disorderly, contemptuous or insolent behavior, committed during the sitting of a court, in its immediate view …
11 Del. C. § 1271A. Criminal contempt of a domestic violence protective order, lethal violence protective order, or sexual violence protective order; class A misdemeanor; class F felony.
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§ 1271A. Criminal contempt of a domestic violence protective order, lethal violence protective order, or sexual violence protective order; class A misdemeanor; class F felony. (a) (1) A person is guilty of criminal contempt of a domestic violence protective order when the person …
11 Del. C. § 1272. Criminal contempt; summary punishment.
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§ 1272. Criminal contempt; summary punishment. A person who commits criminal contempt as defined by § 1271(1) of this title may in the discretion of the court be convicted and sentenced for that offense without further criminal proceedings during or immediately after the terminat…
11 Del. C. § 1273. Unlawful grand jury disclosure; class B misdemeanor.

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§ 1273. Unlawful grand jury disclosure; class B misdemeanor. A person is guilty of unlawful grand jury disclosure when, being a grand juror, a public prosecutor, a grand jury stenographer, a grand jury interpreter, a peace officer guarding a witness in a grand jury proceeding, or…

11 Del. C. § 1274. Offenses relating to judicial and similar proceedings; definitions.

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§ 1274. Offenses relating to judicial and similar proceedings; definitions. As used in §§ 1261-1273 of this title: (1) “Benefit” means gain or advantage, or anything regarded by the beneficiary as gain or advantage, including benefit to any other person in whose welfare the benef…

11 Del. C. § 1301. Disorderly conduct; unclassified misdemeanor.

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§ 1301. Disorderly conduct; unclassified misdemeanor. (a) A person is guilty of disorderly conduct when any of the following apply: (1) The person intentionally causes public inconvenience, annoyance or alarm to any other person, or creates a risk thereof by: a. Engaging in fight…

11 Del. C. § 1302. Riot; class F felony.

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§ 1302. Riot; class F felony. A person is guilty of riot when the person participates with 2 or more persons in a course of disorderly conduct: (1) With intent to commit or facilitate the commission of a felony or misdemeanor; or (2) With intent to prevent or coerce official acti…

11 Del. C. § 1303. Disorderly conduct; funeral or memorial service.

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§ 1303. Disorderly conduct; funeral or memorial service. (a) A person shall not do any of the following within 300 feet of the building or other location where a funeral or memorial service is being conducted, or within 1,000 feet of a funeral procession or burial: (1) Direct abu…

11 Del. C. § 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.

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§ 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 crime as defined by the laws of this State, and who intentionally does …

11 Del. C. § 1305. Desecration; class A misdemeanor.

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§ 1305. Desecration; class A misdemeanor. (a) A person is guilty of desecration if the person attempts or does intentionally deface, damage, pollute or otherwise physically mistreat any of the following: (1) A burial place. (2) A public monument or structure. (3) A place of worsh…

11 Del. C. § 1306. Cross or religious symbol burning; class A misdemeanor.

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§ 1306. Cross or religious symbol burning; class A misdemeanor. (a) A person is guilty of cross or religious symbol burning when the person attempts or does burn, or causes to be burned, any cross or other religious symbol, on any private or public property with the intent to int…

11 Del. C. § 1307. Civil remedies for violations of hate crimes and related offenses.

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§ 1307. Civil remedies for violations of hate crimes and related offenses. (a) A person incurring injury to self, including emotional distress, or damage or loss to property, as a result of conduct committed in violation of § 1304, § 1305, or § 1306 of this title has a civil caus…

11 Del. C. § 1308. Hate crime reporting requirement.

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§ 1308. Hate crime reporting requirement. (a) Police agencies shall report the number of violations, or investigations into a violation, of § 1304 of this title to the Division of Civil Rights and Public Trust, established under § 2553 of Title 29, at the request of the Division.…

11 Del. C. § 1309. Deprivation of civil rights; class A misdemeanor; class B and D felony.

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§ 1309. Deprivation of civil rights; class A misdemeanor; class B and D felony. (a) Whoever, under color of any law, statute, ordinance, regulation, or custom, knowingly subjects any person or group to the deprivation of any rights, privileges, or immunities secured or protected …

11 Del. C. § 1311. Harassment; class A misdemeanor.

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§ 1311. Harassment; class A misdemeanor. (a) A person is guilty of harassment when, with intent to harass, annoy or alarm another person: (1) That person insults, taunts or challenges another person or engages in any other course of alarming or distressing conduct which serves no…

11 Del. C. § 1312. Stalking; class E felony, class D felony, class C felony.

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§ 1312. Stalking; class E felony, class D felony, class C felony. (a) A person is guilty of stalking when the person knowingly engages in a course of conduct directed at a specific person and that conduct would cause a reasonable person to: (1) Fear physical injury to that person…

11 Del. C. § 1312A. Stalking; class F felony [Transferred].

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§ 1312A. Stalking; class F felony [Transferred]. Transferred to § 1312 of this title by 76 Del. Laws, c. 343, § 4, effective Oct. 14, 2008.

11 Del. C. § 1313. Malicious interference with emergency communications; class B misdemeanor.

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§ 1313. Malicious interference with emergency communications; class B misdemeanor. (a) As used in this section: (1) “Emergency communication” means any telephone call or any other form of communication made, transmitted or facilitated by radio, computer or any other electronic de…

11 Del. C. § 1315. Public intoxication; unclassified misdemeanor; violation.

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§ 1315. Public intoxication; unclassified misdemeanor; violation. A person is guilty of public intoxication when the person appears in a public place manifestly under the influence of alcohol or narcotics or any other drug not administered or prescribed to be taken by a physician…

11 Del. C. § 1316. Registration of out-of-state liquor agents; violation.

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§ 1316. Registration of out-of-state liquor agents; violation. (a) In order to promote and protect the public safety and the peace of the community, by reason of the presence of many persons engaged in the enforcement of the laws of other states, any agent, employee, or represent…

11 Del. C. § 1320. Loitering on property of a state-supported school, college or university; violation.

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§ 1320. Loitering on property of a state-supported school, college or university; violation. A person is guilty of loitering on property of a state-supported school, college or university when the person loiters or remains in or about the buildings or grounds of a school, college…

11 Del. C. § 1321. Loitering; violation.

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§ 1321. Loitering; violation. A person is guilty of loitering when: (1) The person fails or refuses to move on when lawfully ordered to do so by any police officer; or (2) The person stands, sits idling or loiters upon any pavement, sidewalk or crosswalk, or stands or sits in a g…

11 Del. C. § 1322. Criminal nuisance; unclassified misdemeanor.

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§ 1322. Criminal nuisance; unclassified misdemeanor. A person is guilty of criminal nuisance when: (1) By conduct either unlawful in itself or unreasonable under all the circumstances, the person knowingly or recklessly creates or maintains a condition which endangers the safety …

11 Del. C. § 1323. Obstructing public passages; violation.

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§ 1323. Obstructing public passages; violation. A person is guilty of obstructing public passages when alone or with other persons and having no legal privilege to do so, the person intentionally or recklessly renders any public passage unreasonably inconvenient or hazardous to u…

11 Del. C. § 1324. Obstructing ingress to or egress from public buildings; unclassified misdemeanor.

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§ 1324. Obstructing ingress to or egress from public buildings; unclassified misdemeanor. A person is guilty of obstructing ingress to or egress from public buildings when the person knowingly prevents any person from passing through any entrance or exit to a public building, exc…

11 Del. C. § 1325. Cruelty to animals; class A misdemeanor; class F felony; class E felony.

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§ 1325. Cruelty to animals; class A misdemeanor; class F felony; class E felony. (a) For the purpose of this section, the following words and phrases shall include, but not be limited to, the meanings respectively ascribed to them as follows: (1) “Abandonment” includes completely…

11 Del. C. § 1325A. The unlawful trade in dog or cat by-products; class B misdemeanor; class A misdemeanor, penalties.

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§ 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 in dog or cat by-products in the second degree if the person knowingly or recklessly sells, barters or offers for sale or b…

11 Del. C. § 1326. Animals; fighting and baiting prohibited; class E felony.

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§ 1326. Animals; fighting and baiting prohibited; class E felony. (a) A person who owns, possesses, keeps, trains, or uses a bull, bear, dog, cock, or other animal or fowl for the purpose of fighting or baiting; or a person who is a party to or who causes the fighting or baiting …

11 Del. C. § 1327. Maintaining a dangerous animal; class E felony; class F felony; class A misdemeanor.

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§ 1327. Maintaining a dangerous animal; class E felony; class F felony; class A misdemeanor. (a) A person is guilty of maintaining a dangerous animal when such person knowingly or recklessly owns, controls or has custody over any dangerous animal which causes death, serious physi…

11 Del. C. § 1330. Smoking on trolleys and buses.

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§ 1330. Smoking on trolleys and buses. (a) Whoever in any trackless trolley coach, or gasoline or diesel-engine-propelled bus being used as a public conveyance for carrying passengers within this State, smokes or carries a lighted cigarette, cigar or pipe shall be fined not less …

11 Del. C. § 1331. Desecration; class A misdemeanor [Transferred].

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§ 1331. Desecration; class A misdemeanor [Transferred]. Transferred to § 1305 of this title by 83 Del. Laws, c. 477, § 4, effective Oct. 21, 2022.

11 Del. C. § 1332. Abusing a corpse; class A misdemeanor.

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§ 1332. Abusing a corpse; class A misdemeanor. A person is guilty of abusing a corpse when, except as authorized by law, the person treats a corpse in a way that a reasonable person knows would outrage ordinary family sensibilities. Abusing a corpse is a class A misdemeanor.11 De…

11 Del. C. § 1333. Trading in human remains and Associated Funerary Objects.

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§ 1333. Trading in human remains and Associated Funerary Objects. (a) As used in this section: (1) “Associated funerary objects” means an item of human manufacture or use that is intentionally placed with human remains at the time of interment in a burial site or later as a part …

11 Del. C. § 1334. Unlawful use of an unmanned aircraft system; unclassified misdemeanor; class B misdemeanor; class A misdemeanor.

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§ § 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 meanings as used in this section. (1) “Critical infrastructure” means petroleum refineries, p…

11 Del. C. § 1335. Violation of privacy; class A misdemeanor; class G felony.

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§ 1335. Violation of privacy; class A misdemeanor; class G felony. (a) A person is guilty of violation of privacy when, except as authorized by law, the person: (1) Trespasses on property intending to subject anyone to eavesdropping or other surveillance in a private place; or (2…

11 Del. C. § 1336. Wiretapping and electronic surveillance [Repealed].

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§ 1336. Wiretapping and electronic surveillance [Repealed]. Repealed by 72 Del. Laws, c. 232, effective July 23, 1999.

11 Del. C. § 1337. Definitions relating to riot, disorderly conduct and related offenses.

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§ 1337. Definitions relating to riot, disorderly conduct and related offenses. (a) “Private place” means a place where one may reasonably expect to be safe from casual or hostile intrusion or surveillance, but does not include a place to which the public or a substantial group th…

11 Del. C. § 1338. Bombs, incendiary devices, Molotov cocktails and explosive devices; class D felony.

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§ 1338. Bombs, incendiary devices, Molotov cocktails and explosive devices; class D felony. (a) For purposes of this section the following definitions shall be made applicable: (1) “Incendiary device” means any item designed to ignite by hand, chemical reaction or by spontaneous …

11 Del. C. § 1339. Adulteration; class G felony; class E felony; class A felony.

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§ 1339. Adulteration; class G felony; class E felony; class A felony. (a) A person is guilty of adulteration when: (1) The person adulterates any substance with the intent to cause death, physical injury or illness of a person; (2) The person distributes, disseminates, gives, sel…

11 Del. C. § 1340. Desecration of burial place [Transferred].

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§ 1340. Desecration of burial place [Transferred]. Transferred to § 1305 of this title by 83 Del. Laws, c. 477, § 5, effective Oct. 21, 2022.

11 Del. C. § 1341. Lewdness; class B misdemeanor.

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§ 1341. Lewdness; class B misdemeanor. A person is guilty of lewdness when the person does any lewd act in any public place or any lewd act which the person knows is likely to be observed by others who would be affronted or alarmed. Lewdness is a class B misdemeanor.11 Del. C. 19…

11 Del. C. § 1342. Prostitution; class B misdemeanor.

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§ 1342. Prostitution; class B misdemeanor. (a) (1) A person, 18 years or older, is guilty of prostitution when the person engages or agrees or offers to engage in sexual conduct with another person in return for a fee. (2) Prostitution is a class B misdemeanor. (b) (1) Any person…

11 Del. C. § 1343. Patronizing a prostitute prohibited; class E felony; class A misdemeanor.

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§ 1343. Patronizing a prostitute prohibited; class E felony; class A misdemeanor. (a) A person is guilty of patronizing a prostitute when: (1) Pursuant to a prior agreement or understanding, the person pays a fee to another person as compensation for that person’s having engaged …

11 Del. C. § 1344. Prostitution and patronizing a prostitute; no defense.

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§ 1344. Prostitution and patronizing a prostitute; no defense. In any prosecution for prostitution it is no defense that the persons were of the same sex, or that the person who received, agreed to receive or solicited a fee was a male and the person who paid, agreed or offered t…

11 Del. C. § 1345. Screening for sexually transmissible diseases.

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§ 1345. Screening for sexually transmissible diseases. (a) Any person convicted under § 1342 or § 1343 of this title shall be ordered to undergo testing for sexually transmitted diseases, abbreviated “STD,” as designated by the Department of Health and Social Services in its rule…

11 Del. C. § 1351. Promoting prostitution in the third degree; class F felony.

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§ 1351. Promoting prostitution in the third degree; class F felony. A person is guilty of promoting prostitution in the third degree when the person knowingly advances or profits from prostitution. Promoting prostitution in the third degree is a class F felony.11 Del. C. 1953, § …

11 Del. C. § 1352. Promoting prostitution in the second degree; class E felony.

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§ 1352. Promoting prostitution in the second degree; class E felony. (a) A person is guilty of promoting prostitution in the second degree when the person knowingly does any of the following: (1) Advances or profits from prostitution by managing, supervising, controlling, operati…

11 Del. C. § 1353. Promoting prostitution in the first degree; class C felony.

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§ 1353. Promoting prostitution in the first degree; class C felony. (a) A person is guilty of promoting prostitution in the first degree when the person knowingly does any of the following: (1) Advances prostitution by compelling a person by force or intimidation to engage in pro…

11 Del. C. § 1354. Promoting prostitution; attempt to promote prostitution; corroboration.

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§ 1354. Promoting prostitution; attempt to promote prostitution; corroboration. A person shall not be convicted of promoting prostitution or of an attempt to promote prostitution solely on the uncorroborated testimony of a person whose prostitution activity or exploitation the pe…

11 Del. C. § 1355. Permitting prostitution; class B misdemeanor.

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§ 1355. Permitting prostitution; class B misdemeanor. (a) A person is guilty of permitting prostitution when, having possession or control of premises which the person knows are being used for prostitution or exploitation purposes, the person fails to halt or abate such use withi…