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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. § 1451. Theft of a firearm; class F felony.
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§ 1451. Theft of a firearm; class F felony. (a) A person is guilty of theft of a firearm when the person takes, exercises control over or obtains a firearm of another person intending to deprive the other person of it or appropriate it. (b) Theft of a firearm is a class F felony.…
11 Del. C. § 1452. Unlawfully dealing with knuckles-combination knife; class B misdemeanor.
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§ 1452. Unlawfully dealing with knuckles-combination knife; class B misdemeanor. A person is guilty of unlawfully dealing with a knuckles-combination knife when the person sells, offers for sale or has in possession a knife, the blade of which is supported by a knuckle ring grip …
11 Del. C. § 1453. Unlawfully dealing with martial arts throwing star; class B misdemeanor.
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§ 1453. Unlawfully dealing with martial arts throwing star; class B misdemeanor. A person is guilty of unlawfully dealing with a martial arts throwing star when the person sells, offers for sale or has in possession a sharp metal throwing star. Unlawfully dealing with a martial a…
11 Del. C. § 1454. Giving a firearm or projectile weapon to person prohibited; class F felony.

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§ 1454. Giving a firearm or projectile weapon to person prohibited; class F felony. A person is guilty of giving a firearm or projectile weapon to certain persons prohibited when the person sells, transfers, gives, lends or otherwise furnishes a firearm or projectile weapon to a …

11 Del. C. § 1455. Engaging in a firearm or projectile weapon transaction on behalf of another; class E felony; class C felony.

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§ 1455. Engaging in a firearm or projectile weapon transaction on behalf of another; class E felony; class C felony. (a) A person is guilty of engaging in a firearm or projectile weapon transaction on behalf of another when the person purchases or obtains a firearm or projectile …

11 Del. C. § 1456. Unsafe storage of a firearm or projectile weapon; class A or B misdemeanor.

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§ 1456. Unsafe storage of a firearm or projectile weapon; class A or B misdemeanor. (a) (1) A person is guilty of unsafe storage of a firearm or projectile weapon when the person intentionally or recklessly stores or leaves a loaded firearm or projectile weapon in a place other t…

11 Del. C. § 1457. Possession of a weapon in a Safe Recreation Zone; class D, E, or F felony; class A or B misdemeanor.

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§ 1457. Possession of a weapon in a Safe Recreation Zone; class D, E, or F felony; class A or B misdemeanor. (a) Any person who commits any of the offenses described in subsection (b) of this section, or any juvenile who possesses a firearm or projectile weapon and does so while …

11 Del. C. § 1457A. Possession of a firearm or projectile weapon in a Safe School Zone; class E felony.

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§ 1457A. Possession of a firearm or projectile weapon in a Safe School Zone; class E felony. (a) As used in this section: (1) “Constable” means as licensed under Chapter 56 of Title 24. (2) “Firearm” means as defined in § 222 of this title and includes a destructive weapon as def…

11 Del. C. § 1457B. Possession of a firearm or projectile weapon at a polling place; class A misdemeanor.

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§ 1457B. Possession of a firearm or projectile weapon at a polling place; class A misdemeanor. (a) As used in this section: (1) a. “Election day” means a day on which in-person voting is offered at a polling place, and includes early voting under Chapter 54 of Title 15, for any o…

11 Del. C. § 1457C. Possession of firearm in a college or university safe zone; class A misdemeanor.

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§ 1457C. Possession of firearm in a college or university safe zone; class A misdemeanor. (a) As used in this section: (1) a. “College or university safe zone” means all of the following: 1. Any building, structure, athletic field, sports stadium or real property owned, operated,…

11 Del. C. § 1458. Removing a weapon from the possession of a law-enforcement officer; class C felony.

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§ 1458. Removing a weapon from the possession of a law-enforcement officer; class C felony. (a) A person shall not knowingly or recklessly remove or attempt to remove a firearm or projectile weapon, disabling chemical spray, baton or other deadly weapon from the possession of ano…

11 Del. C. § 1459. Possession of a weapon with a removed, obliterated or altered serial number.

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§ 1459. Possession of a weapon with a removed, obliterated or altered serial number. (a) No person shall knowingly transport, ship, possess or receive any firearm or firearm frame or receiver with the knowledge that the importer’s or manufacturer’s serial number has been removed,…

11 Del. C. § 1459A. Possession of an unfinished firearm frame or receiver with no serial number.

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§ 1459A. Possession of an unfinished firearm frame or receiver with no serial number. (a) No person may knowingly transport, ship, transfer, or sell an unfinished firearm frame or receiver, except as provided in subsection (e) of this section, unless all of the following apply: (…

11 Del. C. § 1460. Possession of firearm or projectile weapon while under the influence.

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§ 1460. Possession of firearm or projectile weapon while under the influence. (a) A person is guilty of possession of a firearm or projectile weapon while under the influence of alcohol or drugs when the person possesses a firearm or projectile weapon in a public place while unde…

11 Del. C. § 1460A. Discharging a firearm towards a dwelling, place of worship, vehicle, place of business, school, or institution of higher education; class E felony.

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§ 1460A. Discharging a firearm towards a dwelling, place of worship, vehicle, place of business, school, or institution of higher education; class E felony. (a) It is unlawful to knowingly or intentionally discharge a firearm towards any of the following: (1) A dwelling. (2) A pl…

11 Del. C. § 1461. Report of loss, theft of firearm or projectile weapon.

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§ 1461. Report of loss, theft of firearm or projectile weapon. (a) Any owner of a firearm or projectile weapon shall report the loss or theft of the firearm or projectile weapon within 7 days after the discovery of the loss or theft to either: (1) The law-enforcement agency havin…

11 Del. C. § 1462. Covert or undetectable firearms; class E or D felony.

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§ 1462. Covert or undetectable firearms; class E or D felony. (a) A person is guilty of possession of a covert or undetectable firearm when the person knowingly possesses a covert or undetectable firearm. (b) A person is guilty of manufacturing a covert or undetectable firearm wh…

11 Del. C. § 1463. Untraceable firearms; class E or D felony.

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§ 1463. Untraceable firearms; class E or D felony. (a) A person is guilty of possessing an untraceable firearm when then person knowingly possesses an untraceable firearm, except as provided under subsection (f) of this section. (b) A person is guilty of manufacturing an untracea…

11 Del. C. § 1464. Legislative findings.

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§ 1464. Legislative findings. The General Assembly hereby finds and declares that the proliferation and use of assault weapons poses a threat to the health, safety, and security of all citizens of this State. The General Assembly has restricted the assault weapons specified in § …

11 Del. C. § 1465. Definitions related to assault weapons.

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§ 1465. Definitions related to assault weapons. For purposes of this section and § 1466 and § 1467 of this title: (1) “Ammunition feeding device” means any magazine, belt, drum, feed strip, or similar device that holds ammunition for a firearm. (2) “Assault long gun” means any of…

11 Del. C. § 1466. Manufacture, sale, transport, transfer, purchase, receipt, and possession of assault weapons; class E or F felony.

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§ 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 (c) of this section, it is unlawful for a person to do any of the following: (1) Transport an ass…

11 Del. C. § 1467. Voluntary certificate of possession.

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§ 1467. Voluntary certificate of possession. (a) A person who is exempt from § 1466(a) of this title under § 1466(c)(3) of this title may, no later than June 30, 2023, apply to the Secretary of the Department of Safety and Homeland Security for a certificate of possession. (b) In…

11 Del. C. § 1468. Definitions related to large-capacity magazines.

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§ 1468. Definitions related to large-capacity magazines. For purposes of this section and §§ 1469 and 1469A of this title: (1) “Ammunition feeding device” means any magazine, belt, drum, feed strip, or similar device that holds ammunition for a firearm. (2) a. “Large-capacity mag…

11 Del. C. § 1469. Large-capacity magazines prohibited; class E felony; class B misdemeanor; or civil violation.

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§ 1469. Large-capacity magazines prohibited; class E felony; class B misdemeanor; or civil violation. (a) Except as otherwise provided in subsections (c) through (e) of this section, it is unlawful for a person to manufacture, sell, offer for sale, purchase, receive, transfer, or…

11 Del. C. § 1469A. Possession of a large-capacity magazine during the commission of a felony; class B felony.

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§ 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 large-capacity magazine during the commission of a felony. (b) Possession of a large-capacity magazine during the commission of a felon…

11 Del. C. § 1470. Definitions.

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§ 1470. Definitions. (a) “Cheat” means to alter the element of chance, method of selection, or criteria which determines: (1) The result of the game; (2) The amount or frequency of payment in a game, including intentionally taking advantage of a malfunctioning machine; (3) The va…

11 Del. C. § 1471. Prohibited acts.

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§ 1471. Prohibited acts. (a) It shall be unlawful for any person to use a cheating device in a video lottery machine or at a table game or to have possession of such a device in a video lottery facility, including its parking areas and/or adjacent facilities. (b) It shall be unla…

11 Del. C. § 1472. Penalties.

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§ 1472. Penalties. (a) Any person convicted of conduct constituting a violation of § 1471(a), (b), (d), (e) or (l) of this title shall be guilty of a class A misdemeanor for a first offense and a class G felony for a second or subsequent conviction in this State or a state with a…

11 Del. C. § 1473. Preclusions.

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§ 1473. Preclusions. Nothing in this subchapter shall be construed as to prohibit the prosecution for an offense in this subchapter and any other provision of Delaware law.73 Del. Laws, c. 232, § 1;

11 Del. C. § 1474. Detention and questioning of person suspected of violating § 1471 of this title; limitations on liability; posting of notice.

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§ 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 agent’s or licensee’s officers, employees or agents may question any person at the vi…

11 Del. C. § 501. Criminal solicitation in the third degree; class A misdemeanor.

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§ 501. Criminal solicitation in the third degree; class A misdemeanor. A person is guilty of criminal solicitation in the third degree when, intending that another person engage in conduct constituting a misdemeanor, the person solicits, requests, commands, importunes or otherwis…

11 Del. C. § 502. Criminal solicitation in the second degree; class F felony.

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§ 502. Criminal solicitation in the second degree; class F felony. A person is guilty of criminal solicitation in the second degree when, intending that another person engage in conduct constituting a felony, the person solicits, requests, commands, importunes or otherwise attemp…

11 Del. C. § 503. Criminal solicitation in the first degree; class E felony.

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§ 503. Criminal solicitation in the first degree; class E felony. A person is guilty of criminal solicitation in the first degree when, intending that another person engage in conduct constituting a class A felony, the person solicits, requests, commands, importunes or otherwise …

11 Del. C. § 511. Conspiracy in the third degree; class A misdemeanor.

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§ 511. Conspiracy in the third degree; class A misdemeanor. A person is guilty of conspiracy in the third degree when, intending to promote or facilitate commission of a misdemeanor, the person: (1) Agrees with another person or persons that they or 1 or more of them will engage …

11 Del. C. § 512. Conspiracy in the second degree; class G felony.

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§ 512. Conspiracy in the second degree; class G felony. A person is guilty of conspiracy in the second degree when, intending to promote or facilitate the commission of a felony, the person: (1) Agrees with another person or persons that they or 1 or more of them will engage in c…

11 Del. C. § 513. Conspiracy in the first degree; class E felony.

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§ 513. Conspiracy in the first degree; class E felony. A person is guilty of conspiracy in the first degree when, intending to promote or facilitate the commission of a class A felony, the person: (1) Agrees with another person or persons that they or 1 or more of them will engag…

11 Del. C. § 521. Conspiracy.

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§ 521. Conspiracy. (a) If a person conspires to commit a number of crimes, the person is guilty of only 1 conspiracy, so long as the multiple crimes are the object of the same agreement of continuous conspiratorial relationship. The person may be convicted of the degree of conspi…

11 Del. C. § 522. Joinder and venue in conspiracy prosecutions.

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§ 522. Joinder and venue in conspiracy prosecutions. (a) Subject to subsection (b) of this section, 2 or more persons charged with conspiracy to commit a crime may be prosecuted jointly if: (1) They are charged with conspiring with one another; or (2) The conspiracies alleged, wh…

11 Del. C. § 523. Criminal solicitation and conspiracy unaffected by matters relating to the complicity of other persons.

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§ 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 solicitation that the person solicited could not be guilty of the crime solicited because of irresponsibility or other…

11 Del. C. § 531. Attempt to commit a crime.

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§ 531. Attempt to commit a crime. A person is guilty of an attempt to commit a crime if the person: (1) Intentionally engages in conduct which would constitute the crime if the attendant circumstances were as the person believes them to be; or (2) Intentionally does or omits to d…

11 Del. C. § 532. “Substantial step” defined.

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§ 532. “Substantial step” defined. A “substantial step” under § 531 of this title is an act or omission which leaves no reasonable doubt as to the defendant’s intention to commit the crime which the defendant is charged with attempting.11 Del. C. 1953, § 532; 58 Del. Laws, c. 497…

11 Del. C. § 533. Conduct intended to aid another to commit a crime.

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§ 533. Conduct intended to aid another to commit a crime. A person who engages in conduct intended to aid another person to commit a crime is guilty of an attempt to commit the crime, although the crime is not committed or attempted by the other person, provided that the conduct …

11 Del. C. § 541. Criminal solicitation, conspiracy, attempt to commit a crime; defense of renunciation.

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§ 541. Criminal solicitation, conspiracy, attempt to commit a crime; defense of renunciation. (a) In any prosecution for criminal solicitation or conspiracy in which the crime solicited or the crime contemplated by the conspiracy was not in fact committed, it is an affirmative de…

11 Del. C. § 542. Exemption of law-enforcement officers.

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§ 542. Exemption of law-enforcement officers. Nothing in this subchapter shall apply to any law-enforcement officer or the officer’s agent while acting in the lawful performance of duty.11 Del. C. 1953, § 542; 58 Del. Laws, c. 497, § 1; 70 Del. Laws, c. 186, § 1;

11 Del. C. § 601. Offensive touching; unclassified misdemeanor; class A misdemeanor.

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§ 601. Offensive touching; unclassified misdemeanor; class A misdemeanor. (a) A person is guilty of offensive touching when the person: (1) Intentionally touches another person either with a member of his or her body or with any instrument, knowing that the person is thereby like…

11 Del. C. § 602. Menacing; unclassified misdemeanor.

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§ 602. Menacing; unclassified misdemeanor. (a) A person is guilty of menacing when by some movement of body or any instrument the person intentionally places another person in fear of imminent physical injury. Menacing is an unclassified misdemeanor. (b) A person is guilty of agg…

11 Del. C. § 603. Reckless endangering in the second degree; class A misdemeanor.

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§ 603. Reckless endangering in the second degree; class A misdemeanor. (a) A person is guilty of reckless endangering in the second degree when: (1) The person recklessly engages in conduct which creates a substantial risk of physical injury to another person; or (2) Being a pare…

11 Del. C. § 604. Reckless endangering in the first degree; class E felony.

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§ 604. Reckless endangering in the first degree; class E felony. A person is guilty of reckless endangering in the first degree when the person recklessly engages in conduct which creates a substantial risk of death to another person. Reckless endangering in the first degree is a…

11 Del. C. § 605. Abuse of a pregnant female in the second degree; class C felony.

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§ 605. Abuse of a pregnant female in the second degree; class C felony. (a) A person is guilty of abuse of a pregnant female in the second degree when in the course of or in furtherance of the commission or attempted commission of assault third degree or any violent felony agains…

11 Del. C. § 606. Abuse of a pregnant female in the first degree; class B felony.

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§ 606. Abuse of a pregnant female in the first degree; class B felony. (a) A person is guilty of abuse of a pregnant female in the first degree when in the course of or in furtherance of the commission or attempted commission of assault third degree any violent felony against or …