Title 11 — Crimes and Criminal Procedure

§ 1503. Violations. (a) It shall be unlawful for any person employed by, or associated with, any enterprise to conduct or participate in the conduct of the affairs of the enterprise through a pattern of racketeering activity or collection of an unlawful debt. (b) It is unlawful f…

§ 1504. Criminal penalties. (a) Any person convicted of conduct constituting a violation of any of the provisions of this chapter shall be guilty of a class B felony, and shall be punished by imprisonment and pay a fine of not less than $25,000. (b) Any person convicted of conduc…

§ 1505. Civil remedies. (a) The Superior Court of this State shall have jurisdiction to prevent and restrain violations of this chapter by issuing appropriate orders, including but not limited to: Ordering any person to divest any interest, direct or indirect, in any enterprise; …

§ 1506. Forfeiture proceedings. (a) The Attorney General is authorized to institute and conduct any proceedings under this chapter for the forfeiture of real or personal property to the State. All property of every kind used or intended for use in the course of, derived from, or …

§ 1507. Racketeering lien notice; lis pendens; construction of section. (a) Upon the institution of any criminal or civil proceeding under this chapter, the State, then or at any time during the pendency of the proceedings, may file in the official records of any 1 or more counti…

§ 1508. Term of lien notice. (a) The term of a racketeering lien notice shall be for a period of 6 years from the date of filing, unless a renewal lien notice has been filed; and, in such case, the term of the renewal lien notice shall be for a period of 6 years from the date of …

§ 1509. Investigative powers of Attorney General. (a) Whenever the Attorney General has reasonable cause to believe that any person or enterprise may have knowledge of, has been engaged in or is engaging in any conduct in violation of this chapter, the Attorney General may, in th…

§ 1510. Registration of foreign corporations. (a) Each foreign corporation desiring to acquire of record any real property shall have, prior to acquisition, and shall continuously maintain in this State during any year thereafter in which such real property is owned by the corpor…

§ 1511. Use of property and funds for law-enforcement purposes. (a) All cash, bonds and other funds forfeited to the State in accordance with this chapter which remain after distribution pursuant to § 1506(f) of this title shall be deposited into the Special Law Enforcement Assis…

§ 1701. Benefit of clergy. The benefit of clergy shall not exist within this State.Code 1852, § 2956; Code 1915, § 4824; Code 1935, § 5313; 11 Del. C. 1953, § 1701;

§ 1702. Information against organization; process. Whenever an organization is informed against in a criminal proceeding, process shall be issued against such organization in the usual form and shall be served upon such organization in the same manner as process is served upon or…

§ 1703. Definitions For purposes of this part: (1) “Deoxyribonucleic acid” or “DNA” means as defined in § 4701A of Title 29. (2) “DNA profile” means as defined in § 4701A of Title 29. (3) “Firearm” means as defined in § 222 of this title. (4) “Projectile weapon” means as defined …

§ 2101. Purposes of this chapter [Effective July 1, 2026]. It is the purpose of this chapter to reform the system governing the release of defendants pending a final determination of guilt of such persons. The various courts of this State shall make individualized decisions about…

§ 2102. Definitions [Effective July 1, 2026]. For purposes of this chapter: (1) “Attorney General” includes any Deputy Attorney General or any other prosecutor of the State, county or municipality. (2) “Bail” means the pretrial release of a defendant from custody upon the terms a…

§ 2103. Persons charged with a capital crime [Effective July 1, 2026]. (a) A capital crime shall not be bailable, and a person so charged shall be held in custody without bail until the charge be withdrawn, reduced or dismissed or until the court shall otherwise order after a tri…

§ 2103A. Detention of youth charged with Superior Court offenses [Repealed].69 Del. Laws, c. 354, § 1; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 597, § 2; 71 Del. Laws, c. 5, § 1; 72 Del. Laws, c. 149, § 1; repealed by 81 Del. Laws, c. 307, § 1, effective July 11, 2018.;

§ 2104. Release of defendants charged with a noncapital crime [Effective July 1, 2026]. (a) Any person who is arrested and charged with any crime other than a capital crime shall be released upon execution of 1 of the following: (1) A conditions of release bond. (2) A conditions …

§ 2105. Release under a conditions of release bond or conditions of release bond not guaranteed by financial terms [Effective July 1, 2026]. (a) Consistent with § 2101 of this title, the court shall impose the least restrictive conditions of release possible that reasonably assur…

§ 2106. Posting of operator’s license as security for court appearance [Repealed].63 Del. Laws, c. 215, § 2; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 110, § 4; repealed by 79 Del. Laws, c. 36, § 1, eff. June 4, 2013.;

§ 2107. Determining the amount of bail [Effective July 1, 2026]. (a) In determining the amount of bail to be required to be posted as surety under § 2105 of this title or to be required for a conditions of release bond not guaranteed by financial terms, the court may not require …

§ 2108. Conditions for release [Effective July 1, 2026]. (a) In addition to the mandatory conditions set forth in § 2104(b) of this title, in connection with any form of bail for a defendant the court may also impose 1 or more of the following conditions: (1) Place the defendant …

§ 2109. Failure to provide a conditions of release bond, whether guaranteed by financial terms or not, or consent to conditions; contact with victim or victim’s family [Effective July 1, 2026]. (a) If the defendant does not provide the form of conditions of release bond required …

§ 2110. Modification of bail, security or conditions of release and sanctions for violation [Effective July 1, 2026]. (a) Unless reviewed earlier, a court with jurisdiction over the defendant shall review conditions of pretrial release for a defendant who remains detained after 7…

§ 2111. Procedure for pretrial release or implementing this chapter. Except as provided herein, the procedure for pretrial release or implementing this chapter shall be as provided by the Rules of the Superior Court.11 Del. C. 1953, § 2111; 56 Del. Laws, c. 231, § 1; 79 Del. Laws…

§ 2112. Bail after transfer to another court or after conviction [Effective July 1, 2026]. Once bail has been given and a charge is pending or is thereafter filed in or transferred to a court of competent jurisdiction, the latter court may continue the original bail in that court…

§ 2113. Penalties for noncompliance with conditions of release bond [Effective July 1, 2026]. (a) If the defendant fails to appear as required by the defendant’s bail or commits a material breach of the conditions set forth in § 2104(b) or § 2108 of this title, the court shall is…

§ 2114. Administration of this chapter [Effective July 1, 2026]. (a) The Department of Correction shall administer the provisions of this chapter that are not exclusively within the jurisdiction of the courts. (b) The Commissioner of the Department of Correction may employ such s…

§ 2115. Forfeiture and default of bail bonds [Effective July 1, 2026]. (a) If the defendant fails to appear as required or is found in breach of a material condition of release imposed by any court while under a bond, and the court under this chapter or court rule finds the defen…

§ 2116. Preventive detention [Effective July 1, 2026]. (a) Purpose. — The purpose of this section is to provide the court with the authority to make transparent decisions to detain certain detention-eligible defendants pending a final determination as to the guilt of the defendan…

§ 3101. Degrees of murder. The different degrees of murder shall be distinguished in indictments.Code 1852, § 2960; Code 1915, § 4828; Code 1935, § 5317; 11 Del. C. 1953, § 3102;

§ 3102. Forgery. In an indictment for forgery, it is sufficient to set forth the substance of the instrument whereof the forgery is alleged.Code 1852, § 2961; Code 1915, § 4829; Code 1935, § 5320; 11 Del. C. 1953, § 3103;

§ 3103. Perjury. In an indictment for perjury, it is sufficient to set forth the substance of the offense charged, stating before whom or in what court the oath or affirmation was administered or taken, the general nature of the cause or proceedings, with the names of the parties…

§ 3104. Ownership or possession of property by more than 1 person. Whenever it may be necessary, in any indictment or information, to state ownership of any property, real or personal, belonging to, or in the possession of more than 1 person, whether such persons be partners in t…

§ 3105. Description of money. When money, whether coins or paper money, is the subject of larceny, it shall be sufficient to describe the same in the indictment or information as “money of the aggregate value of . . . dollars.” In any indictment or information the words “money,” …

§ 3106. Allegation of intent to defraud. Whenever it may be necessary, in any indictment or information, to allege an intent to injure or defraud, it shall be sufficient to allege an intent to injure or defraud without naming the particular person or body corporate intended to be…

§ 3107. DNA. (a) In any indictment for a crime in which the identity of the accused is unknown, it is sufficient to describe the accused as a person whose name is unknown but who has a particular DNA profile. (b) [Repealed.]73 Del. Laws, c. 160, § 1; 85 Del. Laws, c. 143, § 8;

§ 3301. Examination upon voir dire in capital cases. When a juror is called in a capital case, the juror shall be first sworn or affirmed upon the voir dire and then asked, under the direction of the court, if the juror has formed or expressed any opinion in regard to the guilt o…

§ 4201. Transition provisions. (a) Felonies are classified, for the purpose of sentence, into 7 categories: (1) Class A felonies; (2) Class B felonies; (3) Class C felonies; (4) Class D felonies; (5) Class E felonies; (6) Class F felonies; (7) Class G felonies. (b) Any crime or o…

§ 4202. Classification of misdemeanors. (a) Misdemeanors are classified for the purpose of sentence into 2 categories: (1) Class A misdemeanors; (2) Class B misdemeanors. (b) Any offense defined by statute which is not specifically designated a felony, a class A misdemeanor, a cl…

§ 4203. Violations. There shall be a class of offenses denominated violations. No offense is a violation unless expressly declared to be a violation in this Criminal Code or in the statute defining the offense.11 Del. C. 1953, § 4203; 58 Del. Laws, c. 497, § 2;

§ 4204. Authorized disposition of convicted offenders. (a) Every person convicted of an offense shall be sentenced in accordance with this Criminal Code, with the exception of an environmental misdemeanor as defined in § 1304 of Title 7. This section applies to all judgments of c…

§ 4204A. Youth convicted in Superior Court. (a) [Repealed.] (b) When a child who has not reached that child’s eighteenth birthday is sentenced in Superior Court to a period of incarceration, such sentence shall initially be served in a juvenile facility upon imposition of the sen…

§ 4205. Sentence for felonies. (a) A sentence of incarceration for a felony shall be a definite sentence. (b) The term of incarceration which the court may impose for a felony is fixed as follows: (1) For a class A felony not less than 15 years up to life imprisonment to be serve…

§ 4205A. Additional penalty for serious sex offenders or pedophile offenders. (a) Notwithstanding any provision of this chapter or any other laws to the contrary, the Superior Court, upon the State’s application, shall sentence a defendant convicted of any crime set forth in § 77…

§ 4206. Sentence for misdemeanors. (a) The sentence for a class A misdemeanor may include up to 1 year incarceration at Level V and such fine up to $2,300, restitution or other conditions as the court deems appropriate. (b) The sentence for a class B misdemeanor may include up to…

§ 4207. Sentences for violations. (a) The Court may impose a fine of up to $345 for the first offense of any violation, up to $690 for the second offense of that same violation and up to $1,150 for the third offense of the same violation; provided, that only violations which occu…

§ 4208. Fines for organizations. A sentence to pay a fine, when imposed on an organization, shall be the amount specified in the law setting forth the offense if a penalty is specified in that law, or, if there is no specific penalty defined in the law setting forth the offense, …

§ 4209. Punishment for first-degree murder committed by adult offenders. (a) Punishment for first-degree murder. — Any person who is convicted of first-degree murder for an offense that was committed after the person had reached the person’s eighteenth birthday shall be punished …

§ 4209A. Punishment for first-degree murder committed by juvenile offenders. Any person who is convicted of first-degree murder for an offense that was committed before the person had reached the person’s eighteenth birthday shall be sentenced to term of incarceration not less th…

§ 4210. Arrest and disposition of intoxicated persons. (a) Any intoxicated person taken into custody for a violation of § 1315 of this title shall immediately be taken to a detoxification center where the person shall be admitted as a patient. (1) The arresting officer shall leav…