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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

1,301 sections·Filtered byTitle 11✕

11 Del. C. § 1312. Stalking; class E felony, class D felony, class C felony.
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§ 1312. Stalking; class E felony, class D felony, class C felony. (a) A person is guilty of stalking when the person knowingly engages in a course of conduct directed at a specific person and that conduct would cause a reasonable person to: (1) Fear physical injury to that person…
11 Del. C. § 1312A. Stalking; class F felony [Transferred].
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§ 1312A. Stalking; class F felony [Transferred]. Transferred to § 1312 of this title by 76 Del. Laws, c. 343, § 4, effective Oct. 14, 2008.
11 Del. C. § 1313. Malicious interference with emergency communications; class B misdemeanor.
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§ 1313. Malicious interference with emergency communications; class B misdemeanor. (a) As used in this section: (1) “Emergency communication” means any telephone call or any other form of communication made, transmitted or facilitated by radio, computer or any other electronic de…
11 Del. C. § 1315. Public intoxication; unclassified misdemeanor; violation.
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§ 1315. Public intoxication; unclassified misdemeanor; violation. A person is guilty of public intoxication when the person appears in a public place manifestly under the influence of alcohol or narcotics or any other drug not administered or prescribed to be taken by a physician…

Showing 201–250 of 1,301

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11 Del. C. § 1316. Registration of out-of-state liquor agents; violation.

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§ 1316. Registration of out-of-state liquor agents; violation. (a) In order to promote and protect the public safety and the peace of the community, by reason of the presence of many persons engaged in the enforcement of the laws of other states, any agent, employee, or represent…

11 Del. C. § 1320. Loitering on property of a state-supported school, college or university; violation.

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§ 1320. Loitering on property of a state-supported school, college or university; violation. A person is guilty of loitering on property of a state-supported school, college or university when the person loiters or remains in or about the buildings or grounds of a school, college…

11 Del. C. § 1321. Loitering; violation.

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§ 1321. Loitering; violation. A person is guilty of loitering when: (1) The person fails or refuses to move on when lawfully ordered to do so by any police officer; or (2) The person stands, sits idling or loiters upon any pavement, sidewalk or crosswalk, or stands or sits in a g…

11 Del. C. § 1322. Criminal nuisance; unclassified misdemeanor.

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§ 1322. Criminal nuisance; unclassified misdemeanor. A person is guilty of criminal nuisance when: (1) By conduct either unlawful in itself or unreasonable under all the circumstances, the person knowingly or recklessly creates or maintains a condition which endangers the safety …

11 Del. C. § 1323. Obstructing public passages; violation.

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§ 1323. Obstructing public passages; violation. A person is guilty of obstructing public passages when alone or with other persons and having no legal privilege to do so, the person intentionally or recklessly renders any public passage unreasonably inconvenient or hazardous to u…

11 Del. C. § 1324. Obstructing ingress to or egress from public buildings; unclassified misdemeanor.

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§ 1324. Obstructing ingress to or egress from public buildings; unclassified misdemeanor. A person is guilty of obstructing ingress to or egress from public buildings when the person knowingly prevents any person from passing through any entrance or exit to a public building, exc…

11 Del. C. § 1325. Cruelty to animals; class A misdemeanor; class F felony; class E felony.

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§ 1325. Cruelty to animals; class A misdemeanor; class F felony; class E felony. (a) For the purpose of this section, the following words and phrases shall include, but not be limited to, the meanings respectively ascribed to them as follows: (1) “Abandonment” includes completely…

11 Del. C. § 1325A. The unlawful trade in dog or cat by-products; class B misdemeanor; class A misdemeanor, penalties.

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§ 1325A. The unlawful trade in dog or cat by-products; class B misdemeanor; class A misdemeanor, penalties. (a) (1) A person is guilty of the unlawful trade in dog or cat by-products in the second degree if the person knowingly or recklessly sells, barters or offers for sale or b…

11 Del. C. § 1326. Animals; fighting and baiting prohibited; class E felony.

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§ 1326. Animals; fighting and baiting prohibited; class E felony. (a) A person who owns, possesses, keeps, trains, or uses a bull, bear, dog, cock, or other animal or fowl for the purpose of fighting or baiting; or a person who is a party to or who causes the fighting or baiting …

11 Del. C. § 1327. Maintaining a dangerous animal; class E felony; class F felony; class A misdemeanor.

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§ 1327. Maintaining a dangerous animal; class E felony; class F felony; class A misdemeanor. (a) A person is guilty of maintaining a dangerous animal when such person knowingly or recklessly owns, controls or has custody over any dangerous animal which causes death, serious physi…

11 Del. C. § 1330. Smoking on trolleys and buses.

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§ 1330. Smoking on trolleys and buses. (a) Whoever in any trackless trolley coach, or gasoline or diesel-engine-propelled bus being used as a public conveyance for carrying passengers within this State, smokes or carries a lighted cigarette, cigar or pipe shall be fined not less …

11 Del. C. § 1331. Desecration; class A misdemeanor [Transferred].

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§ 1331. Desecration; class A misdemeanor [Transferred]. Transferred to § 1305 of this title by 83 Del. Laws, c. 477, § 4, effective Oct. 21, 2022.

11 Del. C. § 1332. Abusing a corpse; class A misdemeanor.

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§ 1332. Abusing a corpse; class A misdemeanor. A person is guilty of abusing a corpse when, except as authorized by law, the person treats a corpse in a way that a reasonable person knows would outrage ordinary family sensibilities. Abusing a corpse is a class A misdemeanor.11 De…

11 Del. C. § 1333. Trading in human remains and Associated Funerary Objects.

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§ 1333. Trading in human remains and Associated Funerary Objects. (a) As used in this section: (1) “Associated funerary objects” means an item of human manufacture or use that is intentionally placed with human remains at the time of interment in a burial site or later as a part …

11 Del. C. § 1334. Unlawful use of an unmanned aircraft system; unclassified misdemeanor; class B misdemeanor; class A misdemeanor.

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§ § 1334. Unlawful use of an unmanned aircraft system; unclassified misdemeanor; class B misdemeanor; class A misdemeanor. (a) Definitions. — The following terms shall have the following meanings as used in this section. (1) “Critical infrastructure” means petroleum refineries, p…

11 Del. C. § 1335. Violation of privacy; class A misdemeanor; class G felony.

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§ 1335. Violation of privacy; class A misdemeanor; class G felony. (a) A person is guilty of violation of privacy when, except as authorized by law, the person: (1) Trespasses on property intending to subject anyone to eavesdropping or other surveillance in a private place; or (2…

11 Del. C. § 1336. Wiretapping and electronic surveillance [Repealed].

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§ 1336. Wiretapping and electronic surveillance [Repealed]. Repealed by 72 Del. Laws, c. 232, effective July 23, 1999.

11 Del. C. § 1337. Definitions relating to riot, disorderly conduct and related offenses.

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§ 1337. Definitions relating to riot, disorderly conduct and related offenses. (a) “Private place” means a place where one may reasonably expect to be safe from casual or hostile intrusion or surveillance, but does not include a place to which the public or a substantial group th…

11 Del. C. § 1338. Bombs, incendiary devices, Molotov cocktails and explosive devices; class D felony.

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§ 1338. Bombs, incendiary devices, Molotov cocktails and explosive devices; class D felony. (a) For purposes of this section the following definitions shall be made applicable: (1) “Incendiary device” means any item designed to ignite by hand, chemical reaction or by spontaneous …

11 Del. C. § 1339. Adulteration; class G felony; class E felony; class A felony.

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§ 1339. Adulteration; class G felony; class E felony; class A felony. (a) A person is guilty of adulteration when: (1) The person adulterates any substance with the intent to cause death, physical injury or illness of a person; (2) The person distributes, disseminates, gives, sel…

11 Del. C. § 1340. Desecration of burial place [Transferred].

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§ 1340. Desecration of burial place [Transferred]. Transferred to § 1305 of this title by 83 Del. Laws, c. 477, § 5, effective Oct. 21, 2022.

11 Del. C. § 1341. Lewdness; class B misdemeanor.

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§ 1341. Lewdness; class B misdemeanor. A person is guilty of lewdness when the person does any lewd act in any public place or any lewd act which the person knows is likely to be observed by others who would be affronted or alarmed. Lewdness is a class B misdemeanor.11 Del. C. 19…

11 Del. C. § 1342. Prostitution; class B misdemeanor.

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§ 1342. Prostitution; class B misdemeanor. (a) (1) A person, 18 years or older, is guilty of prostitution when the person engages or agrees or offers to engage in sexual conduct with another person in return for a fee. (2) Prostitution is a class B misdemeanor. (b) (1) Any person…

11 Del. C. § 1343. Patronizing a prostitute prohibited; class E felony; class A misdemeanor.

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§ 1343. Patronizing a prostitute prohibited; class E felony; class A misdemeanor. (a) A person is guilty of patronizing a prostitute when: (1) Pursuant to a prior agreement or understanding, the person pays a fee to another person as compensation for that person’s having engaged …

11 Del. C. § 1344. Prostitution and patronizing a prostitute; no defense.

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§ 1344. Prostitution and patronizing a prostitute; no defense. In any prosecution for prostitution it is no defense that the persons were of the same sex, or that the person who received, agreed to receive or solicited a fee was a male and the person who paid, agreed or offered t…

11 Del. C. § 1345. Screening for sexually transmissible diseases.

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§ 1345. Screening for sexually transmissible diseases. (a) Any person convicted under § 1342 or § 1343 of this title shall be ordered to undergo testing for sexually transmitted diseases, abbreviated “STD,” as designated by the Department of Health and Social Services in its rule…

11 Del. C. § 1351. Promoting prostitution in the third degree; class F felony.

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§ 1351. Promoting prostitution in the third degree; class F felony. A person is guilty of promoting prostitution in the third degree when the person knowingly advances or profits from prostitution. Promoting prostitution in the third degree is a class F felony.11 Del. C. 1953, § …

11 Del. C. § 1352. Promoting prostitution in the second degree; class E felony.

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§ 1352. Promoting prostitution in the second degree; class E felony. (a) A person is guilty of promoting prostitution in the second degree when the person knowingly does any of the following: (1) Advances or profits from prostitution by managing, supervising, controlling, operati…

11 Del. C. § 1353. Promoting prostitution in the first degree; class C felony.

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§ 1353. Promoting prostitution in the first degree; class C felony. (a) A person is guilty of promoting prostitution in the first degree when the person knowingly does any of the following: (1) Advances prostitution by compelling a person by force or intimidation to engage in pro…

11 Del. C. § 1354. Promoting prostitution; attempt to promote prostitution; corroboration.

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§ 1354. Promoting prostitution; attempt to promote prostitution; corroboration. A person shall not be convicted of promoting prostitution or of an attempt to promote prostitution solely on the uncorroborated testimony of a person whose prostitution activity or exploitation the pe…

11 Del. C. § 1355. Permitting prostitution; class B misdemeanor.

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§ 1355. Permitting prostitution; class B misdemeanor. (a) A person is guilty of permitting prostitution when, having possession or control of premises which the person knows are being used for prostitution or exploitation purposes, the person fails to halt or abate such use withi…

11 Del. C. § 1356. Definitions relating to prostitution.

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§ 1356. Definitions relating to prostitution. As used in §§ 1342 through 1355 of this title: (1) “Advance prostitution” means when a person, acting other than as a prostitute or as a patron thereof, knowingly does any of the following: a. Causes or aids a person to commit or enga…

11 Del. C. § 1361. Obscenity; acts constituting; class E felony or class G felony; subsequent violations.

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§ 1361. Obscenity; acts constituting; class E felony or class G felony; subsequent violations. (a) A person is guilty of obscenity when the person knowingly: (1) Sells, delivers or provides any obscene picture, videotape, video game, writing, record, audio cassette tape, compact …

11 Del. C. § 1362. Obscenity; defenses.

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§ 1362. Obscenity; defenses. In any prosecution for obscenity it is an affirmative defense that dissemination was restricted to: (1) Institutions or persons having scientific, educational, governmental or other similar justification for possessing obscene material; or (2) Noncomm…

11 Del. C. § 1363. Obscenity; presumption.

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§ 1363. Obscenity; presumption. A person who disseminates or possesses obscene material in the course of business is presumed to do so knowingly or recklessly.11 Del. C. 1953, § 1363; 58 Del. Laws, c. 497, § 1; 70 Del. Laws, c. 186, § 1;

11 Del. C. § 1364. Definition of obscene.

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§ 1364. Definition of obscene. Material or live conduct is obscene if: (1) The average person applying contemporary community standards would find the material or conduct, taken as a whole, appeals to the prurient interests; and (2) The material depicts or describes or the live c…

11 Del. C. § 1365. Obscene literature harmful to minors; class A misdemeanor.

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§ 1365. Obscene literature harmful to minors; class A misdemeanor. (a) Definitions as used in this section: (1) “Harmful to minors” means that quality of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement or sado-masochistic abuse wh…

11 Del. C. § 1366. Outdoor motion picture theaters.

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§ 1366. Outdoor motion picture theaters. (a) Whoever being the owner or operator of an outdoor motion picture theater exhibits or permits to be exhibited any film not suitable for minors or harmful to minors and which film can be viewed by such minors not in attendance at the sai…

11 Del. C. § 1367. Unauthorized promotion of boxing, mixed martial arts or of a combative sports or combative sports entertainment or combative fighting match, contest, or event; class A misdemeanor.

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§ 1367. Unauthorized promotion of boxing, mixed martial arts or of a combative sports or combative sports entertainment or combative fighting match, contest, or event; class A misdemeanor. (a) A person is guilty of the unauthorized promotion of boxing, mixed martial arts or of a …

11 Del. C. § 1368. Unauthorized participation in a boxing, mixed martial arts or in a combative sports or combative sports entertainment or combative fighting match, contest, or event; class A misdemeanor.

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§ 1368. Unauthorized participation in a boxing, mixed martial arts or in a combative sports or combative sports entertainment or combative fighting match, contest, or event; class A misdemeanor. (a) A person is guilty of the unauthorized participation in a boxing, mixed martial a…

11 Del. C. § 1401. Advancing gambling in the second degree; class A misdemeanor.

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§ 1401. Advancing gambling in the second degree; class A misdemeanor. A person is guilty of advancing gambling in the second degree when: (1) The person sells or disposes of, or has in the person’s possession with intent to sell or dispose of, a lottery policy, certificate or any…

11 Del. C. § 1402. Foreign lotteries; prima facie evidence; class A misdemeanor.

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§ 1402. Foreign lotteries; prima facie evidence; class A misdemeanor. (a) A person is guilty of engaging in a foreign lottery when the person brings, sends or procures to be brought or sent into this State any scheme of any lottery or any drawing of any such scheme or any ticket …

11 Del. C. § 1403. Advancing gambling in the first degree; class A misdemeanor.

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§ 1403. Advancing gambling in the first degree; class A misdemeanor. A person is guilty of advancing gambling in the first degree when: (1) The person keeps, exhibits or uses, or is concerned in interest in keeping, exhibiting or using any book, device, apparatus or paraphernalia…

11 Del. C. § 1404. Providing premises for gambling; class A misdemeanor; unclassified misdemeanor.

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§ 1404. Providing premises for gambling; class A misdemeanor; unclassified misdemeanor. A person is guilty of providing premises for gambling when: (1) The person lets, demises or transfers to another person any building, structure, room or rooms knowing that the same will be use…

11 Del. C. § 1405. Possessing a gambling device; class A misdemeanor.

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§ 1405. Possessing a gambling device; class A misdemeanor. (a) A person is guilty of possessing a gambling device when the person knowingly manufactures, sells, transports, keeps, exhibits, manages, places, possesses or conducts or negotiates any transaction affecting or designed…

11 Del. C. § 1406. Being concerned in interest in keeping any gambling device; class A misdemeanor.

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§ 1406. Being concerned in interest in keeping any gambling device; class A misdemeanor. (a) A person is guilty of being concerned in interest in keeping any gambling device when: (1) The person keeps or exhibits a gaming table, faro bank, sweat cloth, roulette table or other dev…