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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. § 607. Strangulation or suffocation; class B or D felony; penalty; affirmative defense.
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§ 607. Strangulation or suffocation; class B or D felony; penalty; affirmative defense. (a) (1) A person commits the offense of strangulation if the person knowingly or intentionally impedes the normal breathing or circulation of the blood of another person by applying pressure o…
11 Del. C. § 607A. Aggravated strangulation; penalty; defenses.
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§ 607A. Aggravated strangulation; penalty; defenses. (a) As used in this section: (1) “Chokehold” means of any of the following: a. A technique intended to restrict another person’s airway, or prevent or restrict the breathing of another person. b. A technique intended to constri…
11 Del. C. § 611. Assault in the third degree; class A misdemeanor.
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§ 611. Assault in the third degree; class A misdemeanor. A person is guilty of assault in the third degree when: (1) The person intentionally or recklessly causes physical injury to another person; or (2) With criminal negligence the person causes physical injury to another perso…
11 Del. C. § 612. Assault in the second degree; class C or D felony.

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§ 612. Assault in the second degree; class C or D felony. (a) A person is guilty of assault in the second degree when: (1) The person recklessly or intentionally causes serious physical injury to another person; or (2) The person recklessly or intentionally causes physical injury…

11 Del. C. § 613. Assault in the first degree; class B felony.

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§ 613. Assault in the first degree; class B felony. (a) A person is guilty of assault in the first degree when: (1) The person intentionally causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument; or (2) The person intentionally dis…

11 Del. C. § 614. Abuse of a sports official; class G felony; class A misdemeanor.

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§ 614. Abuse of a sports official; class G felony; class A misdemeanor. (a) A person is guilty of abuse of a sports official whenever the person intentionally or recklessly commits the following acts against a sports official who is acting in the lawful performance of duty: (1) R…

11 Del. C. § 615. Assault by abuse or neglect; class B felony [Transferred].

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§ 615. Assault by abuse or neglect; class B felony [Transferred]. Transferred to § 1103B of this title by 78 Del. Laws, c. 406, § 3, effective Sept. 12, 2012.

11 Del. C. § 616. Gang participation.

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§ 616. Gang participation. (a) Definitions. — The following terms shall have the following meaning as used in this section. (1) “Criminal street gang” means any ongoing organization, association, or group of 3 or more persons, whether formal or informal, having as 1 of its primar…

11 Del. C. § 617. Criminal youth gangs.

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§ 617. Criminal youth gangs. (a) Definitions. — The following words, terms and phrases, when used in this chapter, shall have their meaning ascribed to them except where the context clearly indicates a different meaning. (1) “Criminal youth gang” shall mean a group of 3 or more p…

11 Del. C. § 621. Terroristic threatening.

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§ 621. Terroristic threatening. (a) A person is guilty of terroristic threatening when that person commits any of the following: (1) The person threatens to commit any crime likely to result in death or in serious injury to person or property; (2) The person makes a false stateme…

11 Del. C. § 622. Hoax device; class F felony.

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§ 622. Hoax device; class F felony. (a) Whoever possesses, transports, uses or places or causes another to knowingly or unknowingly possess, transport, use or place any hoax device with the intent to cause anxiety, unrest, fear or personal discomfort to any person or group of per…

11 Del. C. § 625. Unlawfully administering drugs; class A misdemeanor.

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§ 625. Unlawfully administering drugs; class A misdemeanor. A person is guilty of unlawfully administering drugs when, for a purpose other than lawful medical or therapeutic treatment, the person intentionally causes stupor, unconsciousness or other alteration of the physical or …

11 Del. C. § 626. Unlawfully administering controlled substance or counterfeit substance or narcotic drugs; class G felony.

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§ 626. Unlawfully administering controlled substance or counterfeit substance or narcotic drugs; class G felony. A person is guilty of unlawfully administering a controlled substance or counterfeit substance or narcotic drugs when, for a purpose other than lawful medical or thera…

11 Del. C. § 627. Prohibited acts as to substances releasing vapors or fumes; unclassified misdemeanor.

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§ 627. Prohibited acts as to substances releasing vapors or fumes; unclassified misdemeanor. No person shall: (1) Intentionally smell or inhale the vapors or fumes from any substance having the property of releasing vapors or fumes for the purpose of producing a condition of into…

11 Del. C. § 628. Vehicular assault in the third degree; class B misdemeanor [Transferred].

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§ 628. Vehicular assault in the third degree; class B misdemeanor [Transferred]. A person is guilty of vehicular assault in the third degree when, while in the course of driving or operating a motor vehicle, the person’s criminally negligent driving or operation of said vehicle c…

11 Del. C. § 628A. Vehicular assault in the second degree; class A misdemeanor.

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§ 628A. Vehicular assault in the second degree; class A misdemeanor. A person is guilty of vehicular assault in the second degree when: (1) While in the course of driving or operating a motor vehicle, the person’s criminally negligent driving or operation of said vehicle causes s…

11 Del. C. § 629. Vehicular assault in the first degree; class F felony.

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§ 629. Vehicular assault in the first degree; class F felony. A person is guilty of vehicular assault in the first degree when while in the course of driving or operating a motor vehicle and under the influence of alcohol or drugs or with a prohibited alcohol or drug content, as …

11 Del. C. § 630. Vehicular homicide in the second degree; class D felony; minimum sentence; juvenile offenders.

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§ 630. Vehicular homicide in the second degree; class D felony; minimum sentence; juvenile offenders. (a) A person is guilty of vehicular homicide in the second degree when: (1) While in the course of driving or operating a motor vehicle, the person’s criminally negligent driving…

11 Del. C. § 630A. Vehicular homicide in the first degree; class C felony; minimum sentence; juvenile offenders.

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§ 630A. Vehicular homicide in the first degree; class C felony; minimum sentence; juvenile offenders. (a) A person is guilty of vehicular homicide in the first degree when while in the course of driving or operating a motor vehicle under the influence of alcohol or drugs or with …

11 Del. C. § 631. Criminally negligent homicide; class D felony.

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§ 631. Criminally negligent homicide; class D felony. A person is guilty of criminally negligent homicide when, with criminal negligence, the person causes the death of another person. Criminally negligent homicide is a class D felony.11 Del. C. 1953, § 631; 58 Del. Laws, c. 497,…

11 Del. C. § 632. Manslaughter; class B felony.

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§ 632. Manslaughter; class B felony. A person is guilty of manslaughter when: (1) The person recklessly causes the death of another person; or (2) With intent to cause serious physical injury to another person the person causes the death of such person, employing means which woul…

11 Del. C. § 633. Murder by abuse or neglect in the second degree; class B felony.

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§ 633. Murder by abuse or neglect in the second degree; class B felony. (a) A person is guilty of murder by abuse or neglect in the second degree when, with criminal negligence, the person causes the death of a child: (1) Through an act of abuse and/or neglect of such child; or (…

11 Del. C. § 634. Murder by abuse or neglect in the first degree; class A felony.

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§ 634. Murder by abuse or neglect in the first degree; class A felony. (a) A person is guilty of murder by abuse or neglect in the first degree when the person recklessly causes the death of a child: (1) Through an act of abuse and/or neglect of such child; or (2) When the person…

11 Del. C. § 635. Murder in the second degree; class A felony.

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§ 635. Murder in the second degree; class A felony. A person is guilty of murder in the second degree when: (1) The person recklessly causes the death of another person under circumstances which manifest a cruel, wicked and depraved indifference to human life; or (2) While engage…

11 Del. C. § 636. Murder in the first degree; class A felony.

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§ 636. Murder in the first degree; class A felony. (a) A person is guilty of murder in the first degree when: (1) The person intentionally causes the death of another person; (2) While engaged in the commission of, or attempt to commit, or flight after committing or attempting to…

11 Del. C. § 641. Extreme emotional distress.

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§ 641. Extreme emotional distress. The fact that the accused intentionally caused the death of another person under the influence of extreme emotional distress is a mitigating circumstance, reducing the crime of murder in the first degree as defined by § 636 of this title to the …

11 Del. C. § 645. Promoting suicide; class F felony.

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§ 645. Promoting suicide; class F felony. A person is guilty of promoting suicide when the person intentionally causes or aids another person to attempt suicide, or when the person intentionally aids another person to commit suicide. Promoting suicide is a class F felony.11 Del. …

11 Del. C. § 651. Abortion; class F felony [Repealed].

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§ 651. Abortion; class F felony [Repealed].11 Del. C. 1953, § 651; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; repealed by 83 Del. Laws, c. 200, § 1, effective Sept. 17, 2021.;

11 Del. C. § 652. Self-abortion; class A misdemeanor [Repealed].

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§ 652. Self-abortion; class A misdemeanor [Repealed].11 Del. C. 1953, § 652; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; repealed by 83 Del. Laws, c. 200, § 1, effective Sept. 17, 2021.;

11 Del. C. § 653. Issuing abortional articles; class B misdemeanor [Repealed].

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§ 653. Issuing abortional articles; class B misdemeanor [Repealed].11 Del. C. 1953, § 653; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; repealed by 83 Del. Laws, c. 200, § 1, effective Sept. 17, 2021.;

11 Del. C. § 654. “Abortion” defined [Repealed].

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§ 654. “Abortion” defined [Repealed].11 Del. C. 1953, § 654; 58 Del. Laws, c. 497, § 1; 70 Del. Laws, c. 186, § 1; repealed by 83 Del. Laws, c. 200, § 1, effective Sept. 17, 2021.;

11 Del. C. § 761. Definitions generally applicable to sexual offenses.

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§ 761. Definitions generally applicable to sexual offenses. (a) “Cognitive disability” means a developmental disability that substantially impairs an individual’s cognitive abilities including, but not limited to, delirium, dementia and other organic brain disorders for which the…

11 Del. C. § 762. Provisions generally applicable to sexual offenses.

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§ 762. Provisions generally applicable to sexual offenses. (a) Mistake as to age. — Whenever in the definition of a sexual offense, the criminality of conduct or the degree of the offense depends on whether the person has reached that person’s sixteenth birthday, it is no defense…

11 Del. C. § 762A. Immunity relating to sexual offense reporting.

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§ 762A. Immunity relating to sexual offense reporting. (a) As used in this section: (1) “Alcohol offense” means any civil penalty, violation, or misdemeanor offense involving the possession or consumption of alcoholic beverages, including § 1315 of this title (public intoxication…

11 Del. C. § 763. Sexual harassment; unclassified misdemeanor.

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§ 763. Sexual harassment; unclassified misdemeanor. A person is guilty of sexual harassment when: (1) The person threatens to engage in conduct likely to result in the commission of a sexual offense against any person; or (2) The person suggests, solicits, requests, commands, imp…

11 Del. C. § 764. Indecent exposure in the second degree; unclassified misdemeanor.

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§ 764. Indecent exposure in the second degree; unclassified misdemeanor. (a) A male is guilty of indecent exposure in the second degree if he exposes his genitals or buttocks under circumstances in which he knows his conduct is likely to cause affront or alarm to another person. …

11 Del. C. § 765. Indecent exposure in the first degree; class A misdemeanor.

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§ 765. Indecent exposure in the first degree; class A misdemeanor. (a) A male is guilty of indecent exposure in the first degree if he exposes his genitals or buttocks to a person who is less than 16 years of age under circumstances in which he knows his conduct is likely to caus…

11 Del. C. § 766. Incest; class A misdemeanor.

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§ 766. Incest; class A misdemeanor. (a) A person is guilty of incest if the person engages in sexual intercourse with another person with whom the person has 1 of the following relationships: A male and his child. A male and his parent. A male and his brother. A male and his sist…

11 Del. C. § 767. Unlawful sexual contact in the third degree; class A misdemeanor.

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§ 767. Unlawful sexual contact in the third degree; class A misdemeanor. A person is guilty of unlawful sexual contact in the third degree when the person has sexual contact with another person or causes the victim to have sexual contact with the person or a third person and the …

11 Del. C. § 768. Unlawful sexual contact in the second degree; class F felony.

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§ 768. Unlawful sexual contact in the second degree; class F felony. A person is guilty of unlawful sexual contact in the second degree when the person intentionally has sexual contact with another person who is less than 18 years of age or causes the victim to have sexual contac…

11 Del. C. § 769. Unlawful sexual contact in the first degree; class D felony.

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§ 769. Unlawful sexual contact in the first degree; class D felony. (a) A person is guilty of unlawful sexual contact in the first degree when: (1) In the course of committing unlawful sexual contact in the third degree or in the course of committing unlawful sexual contact in th…

11 Del. C. § 770. Rape in the fourth degree; class C felony.

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§ 770. Rape in the fourth degree; class C felony. (a) A person is guilty of rape in the fourth degree when the person: (1) Intentionally engages in sexual intercourse with another person, and the victim has not yet reached that victim’s sixteenth birthday; or (2) Intentionally en…

11 Del. C. § 771. Rape in the third degree; class B felony.

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§ 771. Rape in the third degree; class B felony. (a) A person is guilty of rape in the third degree when the person: (1) Intentionally engages in sexual intercourse with another person, and the victim has not reached that victim’s sixteenth birthday and the person is at least 10 …

11 Del. C. § 772. Rape in the second degree; class B felony.

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§ 772. Rape in the second degree; class B felony. (a) A person is guilty of rape in the second degree when the person: (1) Intentionally engages in sexual intercourse with another person, and the intercourse occurs without the victim’s consent; or (2) Intentionally engages in sex…

11 Del. C. § 773. Rape in the first degree; class A felony.

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§ 773. Rape in the first degree; class A felony. (a) A person is guilty of rape in the first degree when the person intentionally engages in sexual intercourse with another person and any of the following circumstances exist: (1) The sexual intercourse occurs without the victim’s…

11 Del. C. § 774. Sexual extortion; class E felony; class B felony.

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§ 774. Sexual extortion; class E felony; class B felony. (a) A person is guilty of sexual extortion when the person intentionally: (1) Compels or induces another person to do 1 or more of the following: a. Engage in any sexual act involving contact, penetration, or intercourse wi…

11 Del. C. § 775. Bestiality.

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§ 775. Bestiality. A person is guilty of bestiality when the person intentionally engages in any sexual act involving sexual contact, penetration or intercourse with the genitalia of an animal or intentionally causes another person to engage in any such sexual act with an animal …

11 Del. C. § 776. Continuous sexual abuse of a child; class B felony.

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§ 776. Continuous sexual abuse of a child; class B felony. (a) A person is guilty of continuous sexual abuse of a child when, either residing in the same home with the minor child or having recurring access to the child, the person intentionally engages in 3 or more acts of sexua…

11 Del. C. § 777. Dangerous crime against a child, definitions, sentences.

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§ 777. Dangerous crime against a child, definitions, sentences. (a) A “dangerous crime against a child” means any criminal sexual conduct against a minor under the age of 14 years as defined in §§ 770-773, § 777A, §§ 778 through 778A, or §§ 1108 through 1112B of this title. For p…

11 Del. C. § 777A. Sex offender unlawful sexual conduct against a child.

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§ 777A. Sex offender unlawful sexual conduct against a child. (a) A sex offender who knowingly commits any sexual offense against a child is guilty of sex offender unlawful sexual conduct against a child. (b) For purposes of this section, “sex offender” means as defined in § 4121…