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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. § 1001. Bigamy; class G felony.
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§ 1001. Bigamy; class G felony. A person is guilty of bigamy when the person contracts or purports to contract a marriage with another person knowing the person has a living spouse, or knowing the other person has a living spouse. Bigamy is a class G felony.11 Del. C. 1953, § 100…
11 Del. C. § 1002. Bigamy; defenses.
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§ 1002. Bigamy; defenses. In any prosecution for bigamy it is a defense that, at the time of the allegedly bigamous marriage: (1) The accused believed, after diligent inquiry, that the prior spouse was dead; or (2) The parties to the former marriage had been living apart for 7 co…
11 Del. C. § 1003. Bigamous marriage contracted outside the State.
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§ 1003. Bigamous marriage contracted outside the State. Whoever, being a resident of Delaware, goes out of the State and contracts a marriage contrary to § 1001 of this title, intending to return and reside in Delaware, and returns accordingly, is guilty of bigamy.11 Del. C. 1953…
11 Del. C. § 1004. Advertising marriage in another state.
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§ 1004. Advertising marriage in another state. A person is guilty of advertising marriage in another state when the person erects any sign or billboard, or publishes or distributes any material giving information relative to the performance of marriage in another state. Advertisi…

11 Del. C. § 1100. Definitions relating to children.

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§ 1100. Definitions relating to children. When used in this subchapter: (1) “Abuse” means causing any physical injury to a child through unjustified force as defined in § 468(1)(c) of this title, torture, negligent treatment, sexual abuse, exploitation, maltreatment, mistreatment…

11 Del. C. § 1100A. Dealing in children; class E felony.

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§ 1100A. Dealing in children; class E felony. A person is guilty of dealing in a child if the person intentionally or knowingly trades, barters, buys or negotiates to trade, barter, buy or sell a child under the age of 18; provided, however, that payment of reasonable medical exp…

11 Del. C. § 1101. Abandonment of child; class E felony; class F felony.

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§ 1101. Abandonment of child; class E felony; class F felony. A person is guilty of abandonment of a child when, being a parent, guardian or other person legally charged with the care or custody of a child, the person deserts the child in any place intending permanently to abando…

11 Del. C. § 1102. Endangering the welfare of a child; class A misdemeanor; class B, C, D, E, or G felony.

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§ 1102. Endangering the welfare of a child; class A misdemeanor; class B, C, D, E, or G felony. (a) A person is guilty of endangering the welfare of a child when: (1) Being a parent, guardian or any other person who has assumed responsibility for the care or supervision of a chil…

11 Del. C. § 1102A. Abandonment of a baby at a safe haven as defense.

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§ 1102A. Abandonment of a baby at a safe haven as defense. (a) For purposes of this section, “baby” means as defined in § 902 of Title 16. (b) In any prosecution for an offense under § 1101 or § 1102 of this title, it is a defense if the person surrendered care or custody of a ba…

11 Del. C. § 1103. Child abuse in the fourth degree; class A misdemeanor.

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§ 1103. Child abuse in the fourth degree; class A misdemeanor. (a) A person is guilty of child abuse in the fourth degree when the person intentionally or recklessly causes physical injury to a child. (b) Child abuse in the fourth degree is a class A misdemeanor.78 Del. Laws, c. …

11 Del. C. § 1103A. Child abuse in the third degree; class D felony.

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§ 1103A. Child abuse in the third degree; class D felony. (a) A person is guilty of child abuse in the third degree when the person intentionally or recklessly causes physical injury to a child and any 1 of the following applies: (1) The child is less than 6 years of age. (2) The…

11 Del. C. § 1103B. Child abuse in the second degree; class B felony.

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§ 1103B. Child abuse in the second degree; class B felony. (a) A person is guilty of child abuse in the second degree when the person intentionally or recklessly causes serious physical injury to a child. (b) Child abuse in the second degree is a class B felony. (c) Notwithstandi…

11 Del. C. § 1103C. Child abuse in the first degree; class A felony.

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§ 1103C. Child abuse in the first degree; class A felony. (a) A person is guilty of child abuse in the first degree when the person intentionally or recklessly causes serious physical injury to a child and that injury causes permanent disfigurement, permanent impairment of health…

11 Del. C. § 1103D. Child torture; class B felony.

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§ 1103D. Child torture; class B felony. (a) As used in this section: (1) “Torture” means a course of conduct consisting of 1 or more instances of any of the following acts which occur over a period of more than 24 hours and are done with malice or an extreme indifference to the w…

11 Del. C. § 1103E. Continuous child abuse; class G or B felony.

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§ 1103E. Continuous child abuse; class G or B felony. (a) A person is guilty of continuous child abuse when the person intentionally or recklessly engages in 3 or more acts of child abuse under § 1103, § 1103A, § 1103B, § 1103C, or § 1103D of this title over a period of time not …

11 Del. C. § 1104. Treatment of a child by a prayer as a defense to a charge of not providing medical care or treatment.

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§ 1104. Treatment of a child by a prayer as a defense to a charge of not providing medical care or treatment. In any prosecution for endangering the welfare of a child, except where it is alleged to be punishable under § 1102(b)(1) or (b)(2) of this title, which is based upon an …

11 Del. C. § 1105. Crime against a vulnerable adult.

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§ 1105. Crime against a vulnerable adult. (a) Any person who commits, or attempts to commit, any of the crimes or offenses set forth in subsection (f) of this section against a person who is a vulnerable adult is guilty of a crime against a vulnerable adult. (b) A crime against a…

11 Del. C. § 1106. Unlawfully dealing with a child; class B misdemeanor.

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§ 1106. Unlawfully dealing with a child; class B misdemeanor. A person is guilty of unlawfully dealing with a child when: (1) The person knowingly permits a child less than 18 years old to enter or remain in a place where unlawful narcotics or dangerous drugs activity is maintain…

11 Del. C. § 1107. Endangering children; unclassified misdemeanor.

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§ 1107. Endangering children; unclassified misdemeanor. A person is guilty of endangering children when the person negligently abandons or leaves unattended in any place accessible to children any refrigerator, icebox or similar airtight box or container which has a locking devic…

11 Del. C. § 1108. Sexual exploitation of a child; class B or D felony.

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§ 1108. Sexual exploitation of a child; class B or D felony. A person is guilty of sexual exploitation of a child when: (1) The person knowingly, photographs or films a child engaging in a prohibited sexual act or in the simulation of such an act, or otherwise knowingly creates a…

11 Del. C. § 1109. Dealing in child sexual abuse material; class B or D felony.

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§ 1109. Dealing in child sexual abuse material; class B or D felony. A person is guilty of dealing in child sexual abuse material when: (1) The person knowingly ships, transmits, mails or transports by any means, including by computer or any other electronic or digital method, an…

11 Del. C. § 1110. Subsequent convictions of § 1108 or § 1109 of this title; class B felony.

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§ 1110. Subsequent convictions of § 1108 or § 1109 of this title; class B felony. Any person convicted of a class B felony under § 1109 of this title who is convicted of a second or subsequent violation of that section shall, upon such second or subsequent conviction, be guilty o…

11 Del. C. § 1110A. Exclusion for §§1108 and 1109 of this title.

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§ 1110A. Exclusion for §§1108 and 1109 of this title. Where the underlying prohibited sexual act is “partial nudity” as defined in § 1100 of this title, a person can only be guilty of sexual exploitation of a child under § 1108 of this title or dealing in child sexual abuse mater…

11 Del. C. § 1111. Possession of child sexual abuse material; class F felony.

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§ 1111. Possession of child sexual abuse material; class F felony. A person is guilty of possession of child sexual abuse material when: (1) The person knowingly possesses any visual depiction of a child engaging in a prohibited sexual act or in the simulation of such an act; or …

11 Del. C. § 1112. Sexual offenders; prohibitions from school zones.

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§ 1112. Sexual offenders; prohibitions from school zones. (a) Any person who is a sexual offender and who: (1) Resides on or within 500 feet of the property of any school shall be guilty of a class G felony. (2) Loiters on or within 500 feet of the property of any school shall be…

11 Del. C. § 1112A. Sexual solicitation of a child; class C felony; class B felony.

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§ 1112A. Sexual solicitation of a child; class C felony; class B felony. (a) A person is guilty of sexual solicitation of a child if the person, being 18 years of age or older, intentionally or knowingly: (1) Solicits, requests, commands, importunes or otherwise attempts to cause…

11 Del. C. § 1112B. Promoting sexual solicitation of a child.

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§ 1112B. Promoting sexual solicitation of a child. (a) A person is guilty of promoting sexual solicitation of a child if the person, being 18 years of age or older, intentionally or knowingly: (1) Promotes, entices, offers, encourages, solicits or otherwise attempts to cause any …

11 Del. C. § 1112C. Enticement for purposes of sexual contact; class F felony.

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§ 1112C. Enticement for purposes of sexual contact; class F felony. (a) A person is guilty of enticement if the person, being 18 years of age or older and at least 4 years older than a child, knowingly engages in a course of conduct to persuade, induce, entice, or coerce that inv…

11 Del. C. § 1113. Criminal nonsupport and aggravated criminal nonsupport.

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§ 1113. Criminal nonsupport and aggravated criminal nonsupport. (a) A person is guilty of criminal nonsupport when that person knowingly fails, refuses or neglects to provide the minimal requirements of food, clothing or shelter for that person’s minor child. Criminal nonsupport …

11 Del. C. § 1114. Body-piercing, tattooing or branding; consent for minors; civil and criminal penalties.

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§ 1114. Body-piercing, tattooing or branding; consent for minors; civil and criminal penalties. (a) No person shall knowingly or negligently tattoo, brand or perform body-piercing on a minor unless that person obtains the prior written consent of the minor’s parent over the age o…

11 Del. C. § 1114A. Tongue-splitting; class A misdemeanor; class B misdemeanor; class G felony; additional civil penalties.

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§ 1114A. Tongue-splitting; class A misdemeanor; class B misdemeanor; class G felony; additional civil penalties. (a) A person is guilty of tongue-splitting in the first degree if the person is neither a physician nor a dentist, holding a valid license issued under the laws of the…

11 Del. C. § 1115. Definitions.

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§ 1115. Definitions. (1) “Coupon” means any card, paper, note, form, statement, ticket or other issue distributed for commercial or promotional purposes to be later surrendered by the bearer so as to receive any tobacco product without charge or at a discounted price. (2) “Distri…

11 Del. C. § 1116. Sale or distribution of tobacco products or tobacco substitutes to individuals under the age of 21 years.

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§ 1116. Sale or distribution of tobacco products or tobacco substitutes to individuals under the age of 21 years. (a) It shall be unlawful for any person to sell or distribute any tobacco product or tobacco substitute to an individual who has not attained the age of 21 years or t…

11 Del. C. § 1117. Notice.

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§ 1117. Notice. A person engaged in the sale or distribution of tobacco products or tobacco substitutes shall post conspicuously at each point of purchase and each tobacco vending machine a notice stating that selling tobacco products or tobacco substitutes to anyone under 21 yea…

11 Del. C. § 1118. Distribution of samples or coupons.

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§ 1118. Distribution of samples or coupons. (a) It shall be unlawful for any person to distribute tobacco product or tobacco substitute samples or coupons for subsequent receipt of free or discounted tobacco products or tobacco substitutes to an individual who has not attained th…

11 Del. C. § 1119. Distribution of tobacco products or tobacco substitutes through vending machines.

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§ 1119. Distribution of tobacco products or tobacco substitutes through vending machines. (a) It shall be unlawful for any person to distribute or permit the distribution of tobacco products or tobacco substitutes through the operation of a vending machine in a public place, exce…

11 Del. C. § 1120. Distribution of tobacco products.

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§ 1120. Distribution of tobacco products. (a) No person shall distribute a tobacco product for commercial purposes unless the product is in a sealed package provided by the manufacturer with the required health warning and tax stamp. (b) No person shall distribute any pack of cig…

11 Del. C. § 1121. Penalties.

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§ 1121. Penalties. (a) (1) Notwithstanding any other provision of Delaware law, a person who violates § 1116, § 1118, § 1119, or § 1120 of this title regarding an individual who is under 18 years old is guilty of a violation and is fined $250 for the first offense, $500 for the s…

11 Del. C. § 1122. Affirmative defense.

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§ 1122. Affirmative defense. In any prosecution for an offense under this subpart, it shall be an affirmative defense that the purchaser or recipient of tobacco products or tobacco substitutes who had not reached the age of 21 years presented to the accused proof of age which set…

11 Del. C. § 1123. Liability of employer.

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§ 1123. Liability of employer. (a) If a sale or distribution of any tobacco product or tobacco substitute or coupon is made in violation of § 1116, § 1118, § 1119, or § 1120 of this title, the owner, proprietor, franchisee, store manager or other person in charge of the establish…

11 Del. C. § 1124. Purchase or receipt of tobacco products or tobacco substitutes by minors [Repealed].

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§ 1124. Purchase or receipt of tobacco products or tobacco substitutes by minors [Repealed].70 Del. Laws, c. 318, § 4; 70 Del. Laws, c. 186, § 1; 79 Del. Laws, c. 249, § 1; repealed by 82 Del. Laws, c. 10, § 9, effective July 16, 2019.;

11 Del. C. § 1125. Unannounced inspections; reporting; enforcement.

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§ 1125. Unannounced inspections; reporting; enforcement. (a) The Department of Safety and Homeland Security or its delegates shall conduct annual, random, unannounced inspections at locations where tobacco products or tobacco substitutes are sold or distributed to test and ensure…

11 Del. C. § 1126. Jurisdiction.

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§ 1126. Jurisdiction. The Justice of the Peace Court has jurisdiction over violations of this subpart, except in the instance of violations by an individual who has not attained the age of 18, in which case the Family Court has jurisdiction.70 Del. Laws, c. 318, § 4; 83 Del. Laws…

11 Del. C. § 1127. Preemption.

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§ 1127. Preemption. The provisions of this subpart shall preempt and supersede any provisions of any municipal or county ordinance or regulation on the subject of this subpart enacted after June 30, 1996.70 Del. Laws, c. 318, § 4;

11 Del. C. § 1201. Bribery; class E felony.

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§ 1201. Bribery; class E felony. A person is guilty of bribery when: (1) The person offers, confers or agrees to confer a personal benefit upon a public servant upon an agreement or understanding that the public servant’s vote, opinion, judgment, action, decision or exercise of d…

11 Del. C. § 1202. Bribery; defense.

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§ 1202. Bribery; defense. In any prosecution for bribery under § 1201(1) of this title, it is a defense that the accused offered, conferred or agreed to confer the benefit upon the public servant as a result of conduct of the public servant constituting theft or coercion or an at…

11 Del. C. § 1203. Receiving a bribe; class E felony.

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§ 1203. Receiving a bribe; class E felony. (a) A public servant is guilty of receiving a bribe when the public servant solicits, accepts or agrees to accept a personal benefit from another person upon an agreement or understanding that the public servant’s vote, opinion, judgment…

11 Del. C. § 1204. Theft or coercion no defense to receiving a bribe.

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§ 1204. Theft or coercion no defense to receiving a bribe. It is no defense to a prosecution for receiving a bribe that the conduct charged to constitute the offense also constitutes theft or coercion.11 Del. C. 1953, § 1204; 58 Del. Laws, c. 497, § 1;

11 Del. C. § 1205. Giving unlawful gratuities; class A misdemeanor.

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§ 1205. Giving unlawful gratuities; class A misdemeanor. A person is guilty of giving unlawful gratuities when the person knowingly offers, confers or agrees to confer any personal benefit upon a public servant for engaging in official conduct which the public servant is required…

11 Del. C. § 1206. Receiving unlawful gratuities; class A misdemeanor.

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§ 1206. Receiving unlawful gratuities; class A misdemeanor. A public servant is guilty of receiving unlawful gratuities when the public servant solicits, accepts, or agrees to accept any personal benefit for engaging in official conduct which the public servant is required or aut…