Title 11, Crimes and Criminal Procedure

§ 780A. Sexual intercourse or penetration with a person in custody; class F felony. (a) It is unlawful for a law-enforcement officer, an employee working at a detention facility, a contractor or employee of a contractor working at a detention facility, or a volunteer working at a…

§ 780B. Unlawful sexual contact with a person in custody; class G felony. (a) It is unlawful for a law-enforcement officer, an employee working at a detention facility, a contractor or employee of a contractor working at a detention facility, or a volunteer working at a detention…

§ 781. Unlawful imprisonment in the second degree; class A misdemeanor. A person is guilty of unlawful imprisonment in the second degree when the person knowingly and unlawfully restrains another person. Unlawful imprisonment in the second degree is a class A misdemeanor.11 Del. …

§ 782. Unlawful imprisonment in the first degree; class G felony. A person is guilty of unlawful imprisonment in the first degree when the person knowingly and unlawfully restrains another person under circumstances which expose that person to the risk of serious physical injury.…

§ 783. Kidnapping in the second degree; class C felony. A person is guilty of kidnapping in the second degree when the person unlawfully restrains another person with any of the following purposes: (1) To hold the victim for ransom or reward; or (2) To use the victim as a shield …

§ 783A. Kidnapping in the first degree; class B felony. A person is guilty of kidnapping in the first degree when the person unlawfully restrains another person with any of the following purposes: (1) To hold the victim for ransom or reward; or (2) To use the victim as a shield o…

§ 784. Defense to unlawful imprisonment and kidnapping. In any prosecution for unlawful imprisonment or kidnapping it is an affirmative defense that the accused was a relative of the victim, and the accused’s sole purpose was to assume custody of the victim. In that case, the lia…

§ 785. Interference with custody; class G felony; class A misdemeanor. A person is guilty of interference with custody when: (1) Being a relative of a child less than 16 years old, intending to hold the child permanently or for a prolonged period and knowing that the person has n…

§ 786. Kidnapping and related offenses; definitions. (a) “Harm” to a kidnap victim, in addition to its ordinary meaning, includes rape, unlawful sexual intercourse, unlawful sexual penetration or unlawful sexual contact, even if such rape, unlawful sexual intercourse, unlawful se…

§ 787. Trafficking an individual, forced labor and sexual servitude; class C felony; class B felony; class D felony; class A felony. (a) For the purposes of this section: (1) “Adult” has the meaning ascribed in § 302 of Title 1; (2) “Adult entertainment establishment” means as de…

§ 791. Acts constituting coercion; class A misdemeanor. A person is guilty of coercion when the person compels or induces a person to engage in conduct which the victim has a legal right to abstain from engaging in, or to abstain from engaging in conduct in which the victim has a…

§ 792. Coercion; truth and proper motive as a defense. In any prosecution for coercion committed by instilling in the victim a fear that the victim or another person would be charged with a crime, it is a defense that the defendant believed the threatened charge to be true and th…

§ 801. Arson in the third degree; affirmative defense; class G felony. (a) A person is guilty of arson in the third degree when the person recklessly damages a building by intentionally starting a fire or causing an explosion. (b) In any prosecution under this section it is an af…

§ 802. Arson in the second degree; affirmative defense; class D felony. (a) A person is guilty of arson in the second degree when the person intentionally damages a building by starting a fire or causing an explosion. (b) In any prosecution under this section it is an affirmative…

§ 803. Arson in the first degree; class C felony. A person is guilty of arson in the first degree when the person intentionally damages a building by starting a fire or causing an explosion and when: (1) The person knows that another person not an accomplice is present in the bui…

§ 804. Reckless burning or exploding; class A misdemeanor. (a) A person is guilty of reckless burning or exploding when the person intentionally starts a fire or causes an explosion, whether on the person’s own property or on another’s, and thereby recklessly places a building or…

§ 805. Cross or religious symbol burning; class A misdemeanor [Transferred]. Transferred to § 1306 of this title by 83 Del. Laws, c. 477, § 3, effective Oct. 21, 2022.

§ 811. Criminal mischief; classification of crime; class F felony; class G felony; class A misdemeanor; unclassified misdemeanor; defense. (a) A person is guilty of criminal mischief when the person intentionally or recklessly does any of the following: (1) Damages tangible prope…

§ 811A. Aggravated criminal mischief; knowingly damaging critical utility infrastructure; class D felony. (a) A person is guilty of aggravated criminal mischief when the person knowingly damages or tampers with critical utility infrastructure with the intent to interrupt or impai…

§ 812. Graffiti and possession of graffiti implements; class G felony; class A misdemeanor; class B misdemeanor. (a) (1) A person is guilty of the act of graffiti when the person intentionally, knowingly or recklessly draws, paints, etches or makes any significant mark or inscrip…

§ 813. Theft of property from a cemetery. A person commits theft of property from a cemetery when, with the intent as prescribed in § 841 of this title, the person exercises control over flowers, burial mounds, mementos or any other property left by its owner in a cemetery for pu…

§ 820. Trespassing with intent to peer or peep into a window or door of another; class B misdemeanor. A person is guilty of trespassing with intent to peer or peep into a window or door of another when the person knowingly enters upon the occupied property or premises of another …

§ 821. Criminal trespass in the third degree; a violation. A person is guilty of criminal trespass in the third degree when the person knowingly enters or remains unlawfully upon real property. Criminal trespass in the third degree is a violation.11 Del. C. 1953, § 821; 58 Del. L…

§ 822. Criminal trespass in the second degree; unclassified misdemeanor. A person is guilty of criminal trespass in the second degree when the person knowingly enters or remains unlawfully in a building or upon real property which is fenced or otherwise enclosed in a manner manif…

§ 823. Criminal trespass in the first degree; class A misdemeanor. A person is guilty of criminal trespass in the first degree when the person knowingly enters or remains unlawfully in a dwelling or building used to shelter, house, milk, raise, feed, breed, study or exhibit anima…

§ 824. Burglary in the third degree; class F felony. A person is guilty of burglary in the third degree when the person knowingly enters or remains unlawfully in a building with intent to commit a crime therein. Burglary in the third degree is a class F felony.11 Del. C. 1953, § …

§ 825. Burglary in the second degree; class D felony. (a) A person is guilty of burglary in the second degree when the person knowingly enters or remains unlawfully in a dwelling with intent to commit a crime therein. (b) A person is guilty of burglary in the second degree when t…

§ 826. Burglary in the first degree; class C or B felony. (a) A person is guilty of burglary in the first degree when the person knowingly enters or remains unlawfully in an occupied dwelling with intent to commit a crime therein. (b) A person is guilty of home invasion burglary …

§ 826A. Home invasion; class B felony [Repealed].78 Del. Laws, c. 252, § 1; repealed by 82 Del. Laws, c. 215, § 1, effective Sept. 16, 2019.;

§ 827. Multiple offenses. A person may be convicted both of burglary and of the offense which it was the purpose of the person’s unlawful entry to commit or for an attempt to commit that offense. A person may be convicted both of home invasion burglary first degree and any of the…

§ 828. Possession of burglar’s tools or instruments facilitating theft; class F felony. (a) A person is guilty of possession of burglar’s tools or instruments facilitating theft when, under circumstances evidencing an intent to use or knowledge that some other person intends to u…

§ 829. Definitions relating to criminal trespass, burglary and home invasion. (a) “Burglar’s tool or instruments” includes the term “bump key” which is a type of key used for a specific lock picking technique called lock bumping. (b) “Dwelling” means a building which is usually o…

§ 831. Robbery in the second degree; class E or D felony. (a) A person is guilty of robbery in the second degree when, in the course of committing theft, the person uses or threatens the immediate use of force upon another person with intent to: (1) Prevent or overcome resistance…

§ 832. Robbery in the first degree; class B felony. (a) A person is guilty of robbery in the first degree when the person commits the crime of robbery in the second degree and when, in the course of the commission of the crime or of immediate flight therefrom, the person or anoth…

§ 835. Carjacking in the second degree; class E felony; class D felony [Repealed].72 Del. Laws, c. 34, § 1; repealed by 82 Del. Laws, c. 216, § 1, effective Sept. 16, 2019.;

§ 836. Carjacking in the first degree; class C felony; class B felony [Repealed].72 Del. Laws, c. 34, § 2; 74 Del. Laws, c. 93, § 2; repealed by 82 Del. Laws, c. 216, § 1, effective Sept. 16, 2019.;

§ 837. Definitions relating to carjacking [Repealed].72 Del. Laws, c. 34, § 3; repealed by 82 Del. Laws, c. 216, § 1, effective Sept. 16, 2019.;

§ 840. Shoplifting; class G felony; class A misdemeanor. (a) A person is guilty of shoplifting if, while in a mercantile establishment in which goods, wares or merchandise are displayed for sale, the person: (1) Removes any such goods, wares or merchandise from the immediate use …

§ 840A. Use of illegitimate retail sales receipt or Universal Product Code Label. (a) A person who, with intent to cheat or defraud another, possesses, uses, transfers, makes, alters, counterfeits or reproduces a retail sales receipt or Universal Product Code Label is guilty of a…

§ 841. Theft; class A misdemeanor; class G felony; class F felony; class D felony; class B felony; restitution. (a) A person is guilty of theft when the person does any of the following: (1) Takes, exercises control over, or obtains property of another person intending to deprive…

§ 841A. Theft of a motor vehicle; class G felony. (a) A person is guilty of theft of a motor vehicle when the person takes, exercises control over or obtains a motor vehicle of another person intending to deprive the other person of it or appropriate it. (b) As used in this secti…

§ 841B. Theft: Organized retail crime; class A misdemeanor; class E felony. (a) A person is guilty of “theft: organized retail crime” when the person takes, exercises control over, or obtains retail merchandise of another person intending to deprive that person of it, or receives…

§ 841C. Possession or theft of a prescription form or a pad. (a) A person in possession of a blank prescription form or pad who is not a practitioner as defined in this section shall be guilty of a class G felony. “Possession” in addition to its ordinary meaning, includes locatio…

§ 841D. Wage theft; class E felony. (a) A person is guilty of wage theft when the person violates § 1102A(a)(1), (a)(4), (a)(5), or (a)(6) of Title 19. (b) For purposes of this section, a series of wage thefts committed by a person or group of persons may be aggregated into 1 cou…

§ 841E. Crimes related to gift cards. (a) For purposes of this section: (1) “Cardholder” means any person or party to whom a physical or virtual gift card is issued through a purchase or receives a gift card from a willing party. (2) “Card issuer” means any person that issues a g…

§ 841F. Theft by impersonation of a family member; class F felony; class E felony; class C felony; class B felony; restitution. (a) A person is guilty of theft by impersonation of a family member when the person does all of the following: (1) Takes, exercises control over, or obt…