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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. § 1207. Improper influence; class A misdemeanor.
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§ 1207. Improper influence; class A misdemeanor. A person is guilty of improper influence when: (1) The person threatens unlawful harm to any person with intent to influence the latter’s decision, opinion, recommendation, vote or other exercise of discretion as a public servant, …
11 Del. C. § 1208. Defect in office no defense.
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§ 1208. Defect in office no defense. It is no defense to a prosecution for improper influence that a person whom the accused sought to influence was not qualified to act in the desired way, whether because the person had not yet assumed office, or lacked jurisdiction or for any o…
11 Del. C. § 1209. Definitions relating to bribery and improper influence.
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§ 1209. Definitions relating to bribery and improper influence. As used in §§ 1201-1208 of this title: (1) “Harm” means loss, disadvantage or injury, or anything so regarded by the person affected, including loss, disadvantage or injury to any other person in whose welfare the pe…
11 Del. C. § 1211. Official misconduct; class A misdemeanor, class G, F, D, B felony.
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§ 1211. Official misconduct; class A misdemeanor, class G, F, D, B felony. (a) A public servant is guilty of official misconduct when, intending to obtain a personal benefit or to cause harm to another person, the public servant knowingly does any of the following: (1) Commits an…

11 Del. C. § 1212. Profiteering; class A misdemeanor.

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§ 1212. Profiteering; class A misdemeanor. A public servant is guilty of profiteering when, in contemplation of official action by the public servant or by a governmental entity with which the public servant is associated, or in reliance on information to which the public servant…

11 Del. C. § 1213. Definitions relating to abuse of office.

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§ 1213. Definitions relating to abuse of office. (a) The definitions under § 1209 of this title apply to §§ 1211 and 1212 of this title. (b) As used in § 1211 of this title: (1) “Protective hairstyle” includes braids, locks, and twists. (2) “Race” includes traits historically ass…

11 Del. C. § 1221. Perjury in the third degree; class A misdemeanor.

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§ 1221. Perjury in the third degree; class A misdemeanor. A person is guilty of perjury in the third degree when the person swears falsely. Perjury in the third degree is a class A misdemeanor.11 Del. C. 1953, § 1221; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. …

11 Del. C. § 1222. Perjury in the second degree; class F felony.

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§ 1222. Perjury in the second degree; class F felony. A person is guilty of perjury in the second degree when the person swears falsely and when the false statement is: (1) Made in a written instrument for which an oath is required by law; and (2) Made with intent to mislead a pu…

11 Del. C. § 1223. Perjury in the first degree; class D felony.

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§ 1223. Perjury in the first degree; class D felony. A person is guilty of perjury in the first degree when the person swears falsely and when the false statement consists of testimony and is material to the action, proceeding or matter in which it is made. Perjury in the first d…

11 Del. C. § 1224. Definition of “swears falsely.”

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§ 1224. Definition of “swears falsely.” A person “swears falsely” when the person intentionally makes a false statement or affirms the truth of a false statement previously made, knowing it to be false or not believing it to be true, while giving testimony or under oath in a writ…

11 Del. C. § 1225. Inconsistent statements under oath; no need to prove one false; framing indictment; proof of irreconcilable inconsistency; conviction of lesser offense.

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§ 1225. Inconsistent statements under oath; no need to prove one false; framing indictment; proof of irreconcilable inconsistency; conviction of lesser offense. When a person has made 2 statements under oath which are inconsistent to the degree that 1 of them is necessarily false…

11 Del. C. § 1231. Retraction of false statement as affirmative defense.

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§ 1231. Retraction of false statement as affirmative defense. In any prosecution for perjury, it is an affirmative defense that the accused retracted the false statement in the course of the proceeding in which it was made, before the false statement substantially affected the pr…

11 Del. C. § 1232. Perjury; no defense.

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§ 1232. Perjury; no defense. It is no defense to a prosecution for perjury that: (1) The accused was not competent under the relevant rules of evidence to make the false statement alleged; or (2) The accused mistakenly believed the false statement to be immaterial; or (3) The oat…

11 Del. C. § 1233. Making a false written statement; class A misdemeanor.

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§ 1233. Making a false written statement; class A misdemeanor. A person is guilty of making a false written statement when the person makes a false statement which the person knows to be false or does not believe to be true in a written instrument bearing a notice, authorized by …

11 Del. C. § 1234. Corroboration of testimony of perjury or false written statement.

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§ 1234. Corroboration of testimony of perjury or false written statement. In any prosecution for perjury or making a false written statement, falsity of a statement may not be established by the uncorroborated testimony of a single witness. Corroboration may be made by circumstan…

11 Del. C. § 1235. Perjury and related offenses; definitions.

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§ 1235. Perjury and related offenses; definitions. (a) A statement is “material” when, regardless of its admissibility under the rules of evidence, it could have affected the course or outcome of the proceeding. (b) “Oath” includes an affirmation and every other mode authorized b…

11 Del. C. § 1239. Wearing a disguise during the commission of a felony; class E felony.

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§ 1239. Wearing a disguise during the commission of a felony; class E felony. (a) A person who wears a hood, mask or other disguise during the commission of any felony is guilty of wearing a disguise during the commission of a felony. Wearing a disguise during the commission of a…

11 Del. C. § 1240. Terroristic threatening of public officials or public servants; class G felony.

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§ 1240. Terroristic threatening of public officials or public servants; class G felony. (a) A person is guilty of terroristic threatening of a public official or public servant when the person threatens to commit any crime likely to result in death or in serious injury to a publi…

11 Del. C. § 1241. Refusing to aid a police officer; class B misdemeanor.

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§ 1241. Refusing to aid a police officer; class B misdemeanor. A person is guilty of refusing to aid a police officer when, upon command by a police officer identifiable or identified by the officer as such, the person unreasonably fails or refuses to aid the police officer in ef…

11 Del. C. § 1242. Limitation of civil liability for aiding a police officer.

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§ 1242. Limitation of civil liability for aiding a police officer. (a) A person who complies with § 1241 of this title by aiding a police officer, upon command, to affect an arrest or prevent the commission of an offense, shall not be held liable to any person for any damages res…

11 Del. C. § 1243. Obstructing fire-fighting operations; class A misdemeanor.

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§ 1243. Obstructing fire-fighting operations; class A misdemeanor. A person is guilty of obstructing fire-fighting operations when the person intentionally and unreasonably obstructs the efforts of any firefighter in extinguishing a fire, or prevents or dissuades another person f…

11 Del. C. § 1244. Hindering prosecution; class A misdemeanor.

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§ 1244. Hindering prosecution; class A misdemeanor. (a) A person is guilty of hindering prosecution when, with intent to prevent, hinder or delay the discovery or apprehension of, or the lodging of a criminal charge against, a person whom the person accused of hindering prosecuti…

11 Del. C. § 1244A. Obstruction of justice; class D felony; class G felony; class A misdemeanor.

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§ 1244A. Obstruction of justice; class D felony; class G felony; class A misdemeanor. (a) A person is guilty of obstruction of justice when the person corruptly intimidates, influences, obstructs, or impedes the administration of law, a law-enforcement investigation, or any other…

11 Del. C. § 1245. Falsely reporting an incident; class A misdemeanor.

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§ 1245. Falsely reporting an incident; class A misdemeanor. A person is guilty of falsely reporting an incident when, knowing the information reported, conveyed or circulated is false or baseless, the person: (1) Initiates or circulates a false report or warning of or impending o…

11 Del. C. § 1245A. Providing a false statement to law enforcement; class G felony; class A misdemeanor.

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§ 1245A. Providing a false statement to law enforcement; class G felony; class A misdemeanor. (a) A person is guilty of providing a false statement to law enforcement when, with intent to prevent, hinder or delay the investigation of any crime or offense by a law-enforcement offi…

11 Del. C. § 1246. Compounding a crime; class A misdemeanor.

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§ 1246. Compounding a crime; class A misdemeanor. A person is guilty of compounding a crime when: (1) The person solicits, accepts or agrees to accept any benefit from a person upon any representation or pretense that criminal prosecution of such person shall be dropped, withheld…

11 Del. C. § 1247. Defense to compounding a crime.

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§ 1247. Defense to compounding a crime. In any prosecution for compounding a crime, it is an affirmative defense that the benefit did not exceed the amount which the accused believed to be due as restitution or indemnification for harm caused by the crime.11 Del. C. 1953, § 1247;…

11 Del. C. § 1248. Obstructing the control and suppression of rabies.

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§ 1248. Obstructing the control and suppression of rabies. (a) A person is guilty of obstructing the control and suppression of rabies when the person violates any lawful order of authorized state employees, or their agents, in the enforcement of laws to control and suppress rabi…

11 Del. C. § 1249. Abetting the violation of driver’s license restrictions.

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§ 1249. Abetting the violation of driver’s license restrictions. (a) It shall be unlawful for any person to blow into an ignition interlock device, or to start a motor vehicle equipped with such a device, for the purpose of providing an operable motor vehicle to a person whose dr…

11 Del. C. § 1250. Offenses against law-enforcement animals.

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§ 1250. Offenses against law-enforcement animals. (a) Harassment of law-enforcement animals. — (1) A person is guilty of harassment of a law-enforcement animal when such person intentionally harasses, taunts, menaces, challenges or alarms a law-enforcement animal in such a manner…

11 Del. C. § 1251. Escape in the third degree; class A misdemeanor.

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§ 1251. Escape in the third degree; class A misdemeanor. A person is guilty of escape in the third degree when the person escapes from custody, including placement in nonsecure facilities by the Division of Youth Rehabilitative Services. Escape in the third degree is a class A mi…

11 Del. C. § 1252. Escape in the second degree; class G felony.

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§ 1252. Escape in the second degree; class G felony. A person is guilty of escape in the second degree when the person escapes from a detention facility or from the custody of the Department of Health and Social Services or the Department of Correction. Escape in the second degre…

11 Del. C. § 1253. Escape after conviction; class B felony; class C felony; class D felony.

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§ 1253. Escape after conviction; class B felony; class C felony; class D felony. A person shall be guilty of escape after conviction if such person, after entering a plea of guilty or having been convicted by the court, escapes from a detention facility or other place having cust…

11 Del. C. § 1254. Assault in a detention facility; penalty; class B and class D felony.

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§ 1254. Assault in a detention facility; penalty; class B and class D felony. (a) (1) Any person who, being confined in a detention facility, intentionally or recklessly causes physical injury to a correctional officer, other state employee of a detention facility acting in the l…

11 Del. C. § 1256. Promoting prison contraband; class F felony; class A misdemeanor.

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§ 1256. Promoting prison contraband; class F felony; class A misdemeanor. (a) A person is guilty of promoting prison contraband when: (1) The person knowingly and unlawfully introduces any contraband into a detention facility; or (2) The person possesses with intent to deliver an…

11 Del. C. § 1257. Resisting arrest with force or violence, class G felony; resisting arrest, class A misdemeanor.

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§ 1257. Resisting arrest with force or violence, class G felony; resisting arrest, class A misdemeanor. (a) A person is guilty of resisting arrest with force or violence when: (1) The person intentionally prevents or attempts to prevent a peace officer from effecting an arrest or…

11 Del. C. § 1257A. Use of an animal to avoid capture, class G felony; class A misdemeanor.

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§ 1257A. Use of an animal to avoid capture, class G felony; class A misdemeanor. (a) A person is guilty of using an animal to avoid capture when, with the intent to prevent, hinder or delay the apprehension of a wanted person, including themselves, they release any animal against…

11 Del. C. § 1258. Escape and offenses relating to custody; definitions.

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§ 1258. Escape and offenses relating to custody; definitions. As used in §§ 1251-1257 of this title: (1) “Contraband” means any intoxicating liquor or drug prohibited under Chapter 47 of Title 16, except as prescribed by a physician for medical treatment; tobacco; nicotine produc…

11 Del. C. § 1259. Sexual relations in detention facility; class G felony [Repealed].

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§ 1259. Sexual relations in detention facility; class G felony [Repealed].62 Del. Laws, c. 282, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 241, § 1; repealed by 81 Del. Laws, c. 389, § 2, effective Aug. 29, 2018.;

11 Del. C. § 1260. Misuse of prisoner mail; class A misdemeanor; class G felony.

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§ 1260. Misuse of prisoner mail; class A misdemeanor; class G felony. A person is guilty of misuse of prisoner mail when being a person in custody in a state detention facility, or in the custody of the Department of Health and Social Services or the Department of Correction, tha…

11 Del. C. § 1261. Bribing a witness; class E felony.

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§ 1261. Bribing a witness; class E felony. A person is guilty of bribing a witness when the person offers, confers or agrees to confer any benefit upon a witness or a person about to be called as a witness in any official proceeding upon an agreement or understanding that: (1) Th…

11 Del. C. § 1262. Bribe receiving by a witness; class E felony.

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§ 1262. Bribe receiving by a witness; class E felony. A witness or a person about to be called as a witness in any official proceeding is guilty of bribe receiving by a witness when the witness solicits, accepts or agrees to accept any benefit from another person upon an agreemen…

11 Del. C. § 1263. Tampering with a witness; class E felony.

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§ 1263. Tampering with a witness; class E felony. A person is guilty of tampering with a witness when: (1) The person knowingly induces, influences or impedes any witness or victim by false statement, fraud or deceit, with intent to affect the testimony or availability of such wi…

11 Del. C. § 1263A. Interfering with child witness.

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§ 1263A. Interfering with child witness. (a) A person commits an offense if, intending to interfere with or prevent the prosecution of any person, the person intentionally or knowingly: (1) Removes a child from the county of residence of the child knowing that the child is or is …

11 Del. C. § 1264. Bribing a juror; class E felony.

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§ 1264. Bribing a juror; class E felony. A person is guilty of bribing a juror when the person offers, confers or agrees to confer any benefit upon a juror upon an agreement or understanding that the juror’s vote, opinion, judgment, decision or other action as a juror will thereb…

11 Del. C. § 1265. Bribe receiving by a juror; class E felony.

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§ 1265. Bribe receiving by a juror; class E felony. A juror is guilty of bribe receiving by a juror when the juror solicits, accepts or agrees to accept any benefit from another person upon agreement or understanding that the juror’s vote, opinion, judgment, decision or other act…

11 Del. C. § 1266. Tampering with a juror; class A misdemeanor.

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§ 1266. Tampering with a juror; class A misdemeanor. A person is guilty of tampering with a juror when: (1) With intent to influence the outcome of an official proceeding, the person communicates with a juror in the proceeding, except as permitted by the rules of evidence governi…

11 Del. C. § 1267. Misconduct by a juror; class A misdemeanor.

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§ 1267. Misconduct by a juror; class A misdemeanor. A person is guilty of misconduct by a juror when, in relation to an official proceeding pending or about to be brought before the juror: (1) The juror agrees to give a vote, opinion, judgment decision or report for or against an…

11 Del. C. § 1268. Communications between jurors not tampering or misconduct.

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§ 1268. Communications between jurors not tampering or misconduct. Nothing in § 1266 or § 1267 of this title applies to communications between jurors in the same proceeding with regard to matters admitted as evidence in the proceeding.11 Del. C. 1953, § 1268; 58 Del. Laws, c. 497…

11 Del. C. § 1269. Tampering with physical evidence; class G felony.

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§ 1269. Tampering with physical evidence; class G felony. A person is guilty of tampering with physical evidence when: (1) Intending that it be used or introduced in an official proceeding or a prospective official proceeding the person: a. Knowingly makes, devises, alters or pre…