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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. § 842. Theft; lost or mislaid property; mistaken delivery.
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§ 842. Theft; lost or mislaid property; mistaken delivery. A person commits theft when, with the intent prescribed in § 841 of this title, the person exercises control over property of another person which the person knows to have been lost or mislaid, or to have been delivered u…
11 Del. C. § 843. Theft; false pretense.
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§ 843. Theft; false pretense. A person commits theft when, with the intent prescribed in § 841 of this title, the person obtains property of another person by intentionally creating or reinforcing a false impression as to a present or past fact, or by preventing the other person …
11 Del. C. § 844. Theft; false promise.
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§ 844. Theft; false promise. A person commits theft when, with the intent prescribed in § 841 of this title, the person obtains property of another person by means of a representation, express or implied, that the person or a third person will in the future engage in particular c…
11 Del. C. § 845. Theft of services.
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§ 845. Theft of services. (a) A person commits theft when, with the intent specified in § 841 of this title, the person obtains services which the person knows are available only for compensation by deception, threat, false token, false representation or statement or by installin…

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11 Del. C. § 846. Extortion; class E felony.

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§ 846. Extortion; class E felony. A person commits extortion when, with the intent prescribed in § 841 of this title, the person compels or induces another person to deliver property to the person or to a third person by means of instilling in the victim a fear that, if the prope…

11 Del. C. § 847. Theft, extortion; claim of right as an affirmative defense.

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§ 847. Theft, extortion; claim of right as an affirmative defense. (a) In any prosecution for theft or extortion it is an affirmative defense that the property was appropriated by the actor under a claim of right, made in good faith, to do substantially what the actor did in the …

11 Del. C. § 848. Misapplication of property; class G felony; class A misdemeanor.

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§ 848. Misapplication of property; class G felony; class A misdemeanor. A person is guilty of misapplication of property when, knowingly possessing personal property of another pursuant to an agreement that it will be returned to the owner at a future time, the person sells, loan…

11 Del. C. § 849. Theft of rented property; class A misdemeanor or class G felony.

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§ 849. Theft of rented property; class A misdemeanor or class G felony. (a) A person is guilty of theft of rental property if the person, with the intent specified in § 841 of this title, takes, destroys, converts, wrongfully withholds or appropriates by fraud, deception, threat,…

11 Del. C. § 850. Use, possession, manufacture, distribution and sale of unlawful telecommunication and access devices.

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§ 850. Use, possession, manufacture, distribution and sale of unlawful telecommunication and access devices. (a) Prohibited acts. — A person is guilty of a violation of this section if the person knowingly: (1) Manufactures, assembles, distributes, possesses with intent to distri…

11 Del. C. § 851. Receiving stolen property; class G felony; class A misdemeanor.

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§ 851. Receiving stolen property; class G felony; class A misdemeanor. A person is guilty of receiving stolen property if the person intentionally receives, retains or disposes of property of another person with intent to deprive the owner of it or to appropriate it, knowing that…

11 Del. C. § 852. Receiving stolen property; presumption of knowledge.

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§ 852. Receiving stolen property; presumption of knowledge. Knowledge that property has been acquired under circumstances amounting to theft may be presumed in the case of a person who acquires it for a consideration which the person knows is substantially below its reasonable va…

11 Del. C. § 852A. Selling stolen property; class A misdemeanor; class G felony.

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§ 852A. Selling stolen property; class A misdemeanor; class G felony. A person is guilty of selling stolen property if, after the person receives stolen property pursuant to § 851 of this title, the person sells some or all of the stolen property received. A person may be convict…

11 Del. C. § 853. Unauthorized use of a vehicle; class A misdemeanor.

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§ 853. Unauthorized use of a vehicle; class A misdemeanor. A person is guilty of unauthorized use of a vehicle when: (1) Knowing that the person does not have the consent of the owner the person takes, operates, exercises control over, rides in or otherwise uses a vehicle; (2) Ha…

11 Del. C. § 854. Identity theft; class D felony.

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§ 854. Identity theft; class D felony. (a) A person commits identity theft when the person knowingly or recklessly obtains, produces, possesses, uses, sells, gives or transfers personal identifying information belonging or pertaining to another person without the consent of the o…

11 Del. C. § 854A. Identity theft passport; application; issuance.

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§ 854A. Identity theft passport; application; issuance. (a) The Office of the Attorney General, in cooperation with any law-enforcement agency, may issue an identity theft passport to a person who is a victim of identity theft in this State and who has filed a police report citin…

11 Del. C. § 855. Theft; indictment and proof.

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§ 855. Theft; indictment and proof. (a) Every prosecution for theft shall be based upon § 841 of this title. (b) The defendant may be found guilty of theft if the defendant’s conduct falls within any of the sections defining theft. Proof of any conduct constituting theft is suffi…

11 Del. C. § 856. Theft, receiving stolen property no defense; receiving stolen property, theft no defense; conviction of both offenses.

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§ 856. Theft, receiving stolen property no defense; receiving stolen property, theft no defense; conviction of both offenses. (a) In any prosecution for theft or theft of a firearm, it is no defense that the accused is in fact guilty of receiving stolen property or receiving a st…

11 Del. C. § 857. Theft and related offenses; definitions.

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§ 857. Theft and related offenses; definitions. For purposes of §§ 841 through 856, 1450 and 1451 of this title: (1) “Appropriate” means to exercise control, or to aid a third person to exercise control, over property of another person permanently or for so extended a period or u…

11 Del. C. § 858. Unlawful operation of a recording device.

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§ 858. Unlawful operation of a recording device. (a) (1) Any person who knowingly operates the audiovisual recording function of any device in a motion picture theater while the motion picture is being exhibited, for the purpose of distributing or transmitting a still photographi…

11 Del. C. § 859. Larceny of livestock; penalty.

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§ 859. Larceny of livestock; penalty. (a) Whoever feloniously steals, takes and carries away any cow, steer, bull, calf, heifer or swine is guilty of larceny and a class G felony. (b) The minimum sentence of imprisonment required by subsection (a) of this section shall not be sub…

11 Del. C. § 860. Possession of shoplifter’s tools or instruments facilitating theft; class F felony.

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§ 860. Possession of shoplifter’s tools or instruments facilitating theft; class F felony. (a) A person is guilty of possession of shoplifter’s tools or instruments facilitating theft when the person possesses any tool, instrument or other thing adapted, designed or commonly used…

11 Del. C. § 861. Forgery; class F felony; class G felony; class A misdemeanor; restitution required.

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§ 861. Forgery; class F felony; class G felony; class A misdemeanor; restitution required. (a) A person is guilty of forgery when, intending to defraud, deceive or injure another person, or knowing that the person is facilitating a fraud or injury to be perpetrated by anyone, the…

11 Del. C. § 862. Possession of forgery devices; class G felony.

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§ 862. Possession of forgery devices; class G felony. A person is guilty of possession of forgery devices when: (1) The person makes or possesses with knowledge of its character and intending to use it unlawfully any plate, die or other device, apparatus, equipment or article spe…

11 Del. C. § 863. Forgery and related offenses; definition.

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§ 863. Forgery and related offenses; definition. “Written instrument” means any instrument or article containing written or printed matter or the equivalent thereof, used for the purpose of reciting, embodying, conveying or recording information or constituting a symbol or eviden…

11 Del. C. § 871. Falsifying business records; class A misdemeanor.

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§ 871. Falsifying business records; class A misdemeanor. (a) For purposes of this section, “medical record” means a record that pertains to a person’s medical history, evaluations, tests, diagnoses, prognoses, laboratory reports, medical imaging, treatments, prescriptions, or any…

11 Del. C. § 872. Falsifying business records; defense.

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§ 872. Falsifying business records; defense. In any prosecution for falsifying business records it is an affirmative defense that the defendant was a clerk, bookkeeper or other employee who, without personal benefit, merely executed the orders of the employer or of a superior off…

11 Del. C. § 873. Tampering with public records in the second degree; class A misdemeanor.

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§ 873. Tampering with public records in the second degree; class A misdemeanor. A person is guilty of tampering with public records in the second degree when, knowing that the person does not have the authority of anyone entitled to grant it, the person knowingly removes, mutilat…

11 Del. C. § 876. Tampering with public records in the first degree; class E felony.

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§ 876. Tampering with public records in the first degree; class E felony. A person is guilty of tampering with public records in the first degree when, with intent to defraud, and knowing that the person does not have the authority of anyone entitled to grant it, the person knowi…

11 Del. C. § 877. Offering a false instrument for filing; class A misdemeanor.

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§ 877. Offering a false instrument for filing; class A misdemeanor. A person is guilty of offering a false instrument for filing when, knowing that a written instrument contains a false statement or false information, and intending to defraud the State, a political subdivision th…

11 Del. C. § 878. Issuing a false certificate; class G felony.

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§ 878. Issuing a false certificate; class G felony. A person is guilty of issuing a false certificate when, being a public servant authorized by law to make or issue official certificates or other official written instruments, and with intent to defraud, deceive or injure another…

11 Del. C. § 881. Bribery; class A misdemeanor.

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§ 881. Bribery; class A misdemeanor. A person is guilty of bribing when: (1) The person offers, confers or agrees to confer any benefit upon any employee, agent or fiduciary without the consent of the latter’s employer or principal, with intent to influence the latter to take som…

11 Del. C. § 882. Bribe receiving; class A misdemeanor.

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§ 882. Bribe receiving; class A misdemeanor. A person is guilty of bribe receiving if: Being an employee, agent or fiduciary and, without the consent of the employer or principal, the person solicits, accepts or agrees to accept any benefit from another person upon an agreement o…

11 Del. C. § 891. Defrauding secured creditors; class A misdemeanor.

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§ 891. Defrauding secured creditors; class A misdemeanor. A person is guilty of defrauding secured creditors if the person destroys, removes, conceals, encumbers, transfers or otherwise deals with property subject to a security interest, intending to defeat enforcement of that in…

11 Del. C. § 892. Fraud in insolvency; class A misdemeanor.

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§ 892. Fraud in insolvency; class A misdemeanor. A person is guilty of fraud in insolvency when, with intent to defraud any creditor and knowing that a receiver or other person entitled to administer property for the benefit of creditors has been appointed, or that any other comp…

11 Del. C. § 893. Interference with levied-upon property; class A misdemeanor.

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§ 893. Interference with levied-upon property; class A misdemeanor. A person is guilty of interference with levied-upon property when the person hides, destroys or removes from the county in which it is situated when levied upon or seized any property which the person knows has b…

11 Del. C. § 900. Issuing a bad check; class A misdemeanor; class G felony.

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§ 900. Issuing a bad check; class A misdemeanor; class G felony. (a) A person is guilty of issuing a bad check when the person issues or passes a check knowing that it will not be honored by the drawee. For the purpose of this section, as well as in any prosecution for theft comm…

11 Del. C. § 900A. Conditional discharge for issuing a bad check as first offense.

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§ 900A. Conditional discharge for issuing a bad check as first offense. (a) Whenever any person who has not previously been convicted of issuing or passing a bad check under § 900 of this title or under any statute of the United States or of any state relating to the issuing or p…

11 Del. C. § 901. Definition of “issues” and “passes.”

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§ 901. Definition of “issues” and “passes.” (a) “Issues.” — A person issues a check when, as drawer thereof or as a person who signs a check as drawer in a representative capacity or as agent of the person whose name appears thereon as the principal drawer or obligor, the person …

11 Del. C. § 902. Issuance of bad check by employee as affirmative defense.

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§ 902. Issuance of bad check by employee as affirmative defense. In any prosecution for issuing a bad check, it is an affirmative defense that the accused, in acting as drawer in a representative capacity or as agent of the person whose name appears on the check as principal draw…

11 Del. C. § 903. Unlawful use of payment card; class G felony; class A misdemeanor.

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§ 903. Unlawful use of payment card; class G felony; class A misdemeanor. (a) A person is guilty of unlawful use of a payment card when the person uses or knowingly permits or encourages another to use a payment card for the purpose of obtaining money, goods, services, or anythin…

11 Del. C. § 903A. Reencoder and scanning devices.

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§ 903A. Reencoder and scanning devices. (a) Any person who knowingly, wilfully, and with the intent to defraud, possesses a scanning device, or who knowingly, wilfully, and with intent to defraud, uses a scanning device to access, read, obtain, memorize or store, temporarily or p…

11 Del. C. § 904. Definition of “payment card”.

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§ 904. Definition of “payment card”. “Payment card” includes any instrument or device, whether known as a credit card, credit plate, bank service card, banking card, check guarantee card, electronic benefits transfer (“EBT”) card, or debit card or by any other name, issued with o…

11 Del. C. § 905. Intention and ability to meet obligations as affirmative defense.

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§ 905. Intention and ability to meet obligations as affirmative defense. In any prosecution for unauthorized use of a payment card under § 903(a)(4) of this title it is an affirmative defense that the accused had the intention and ability to meet all obligations to the issuer ari…

11 Del. C. § 906. Deceptive business practices; class A misdemeanor.

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§ 906. Deceptive business practices; class A misdemeanor. A person is guilty of deceptive business practices when in the course of business the person knowingly or recklessly: (1) Uses or possesses for use a false weight or measure, or any other device for falsely determining or …

11 Del. C. § 907. Criminal impersonation; class A misdemeanor.

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§ 907. Criminal impersonation; class A misdemeanor. A person is guilty of criminal impersonation when the person: (1) Impersonates another person and does an act in an assumed character intending to obtain a benefit or to injure or defraud another person; or (2) Pretends to be a …

11 Del. C. § 907A. Criminal impersonation, accident related; class G felony.

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§ 907A. Criminal impersonation, accident related; class G felony. A person is guilty of criminal impersonation, accident related, when after being in a motor vehicle accident involving serious physical injury or death to any person: (1) A driver knowingly pretends to have been so…

11 Del. C. § 907B. Criminal impersonation of a law-enforcement official; class D felony, class C felony.

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§ 907B. Criminal impersonation of a law-enforcement official; class D felony, class C felony. (a) A person is guilty of criminal impersonation of a law-enforcement official when the person, intending to facilitate the commission of a crime or while in immediate flight therefrom d…

11 Del. C. § 907C. Impersonation as a member or veteran of the United States Armed Forces, class A misdemeanor.

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§ 907C. Impersonation as a member or veteran of the United States Armed Forces, class A misdemeanor. (a) A person is guilty of criminal impersonation of a member or veteran of the United States Armed Forces when that person intentionally, and without lawful authority, impersonate…

11 Del. C. § 908. Unlawfully concealing a will; class G felony.

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§ 908. Unlawfully concealing a will; class G felony. A person is guilty of unlawfully concealing a will when, with intent to defraud, the person conceals, secretes, suppresses, mutilates or destroys a will, codicil or other testamentary instrument. Unlawfully concealing a will is…

11 Del. C. § 909. Securing execution of documents by deception; class A misdemeanor.

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§ 909. Securing execution of documents by deception; class A misdemeanor. A person is guilty of securing execution of documents by deception when, by knowingly misrepresenting the nature of the document, the person causes another person to execute any instrument affecting, purpor…