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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. § 628A. Vehicular assault in the second degree; class A misdemeanor.
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§ 628A. Vehicular assault in the second degree; class A misdemeanor. A person is guilty of vehicular assault in the second degree when: (1) While in the course of driving or operating a motor vehicle, the person’s criminally negligent driving or operation of said vehicle causes s…
11 Del. C. § 629. Vehicular assault in the first degree; class F felony.
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§ 629. Vehicular assault in the first degree; class F felony. A person is guilty of vehicular assault in the first degree when while in the course of driving or operating a motor vehicle and under the influence of alcohol or drugs or with a prohibited alcohol or drug content, as …
11 Del. C. § 630. Vehicular homicide in the second degree; class D felony; minimum sentence; juvenile offenders.
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§ 630. Vehicular homicide in the second degree; class D felony; minimum sentence; juvenile offenders. (a) A person is guilty of vehicular homicide in the second degree when: (1) While in the course of driving or operating a motor vehicle, the person’s criminally negligent driving…
11 Del. C. § 630A. Vehicular homicide in the first degree; class C felony; minimum sentence; juvenile offenders.

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§ 630A. Vehicular homicide in the first degree; class C felony; minimum sentence; juvenile offenders. (a) A person is guilty of vehicular homicide in the first degree when while in the course of driving or operating a motor vehicle under the influence of alcohol or drugs or with …

11 Del. C. § 631. Criminally negligent homicide; class D felony.

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§ 631. Criminally negligent homicide; class D felony. A person is guilty of criminally negligent homicide when, with criminal negligence, the person causes the death of another person. Criminally negligent homicide is a class D felony.11 Del. C. 1953, § 631; 58 Del. Laws, c. 497,…

11 Del. C. § 632. Manslaughter; class B felony.

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§ 632. Manslaughter; class B felony. A person is guilty of manslaughter when: (1) The person recklessly causes the death of another person; or (2) With intent to cause serious physical injury to another person the person causes the death of such person, employing means which woul…

11 Del. C. § 633. Murder by abuse or neglect in the second degree; class B felony.

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§ 633. Murder by abuse or neglect in the second degree; class B felony. (a) A person is guilty of murder by abuse or neglect in the second degree when, with criminal negligence, the person causes the death of a child: (1) Through an act of abuse and/or neglect of such child; or (…

11 Del. C. § 634. Murder by abuse or neglect in the first degree; class A felony.

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§ 634. Murder by abuse or neglect in the first degree; class A felony. (a) A person is guilty of murder by abuse or neglect in the first degree when the person recklessly causes the death of a child: (1) Through an act of abuse and/or neglect of such child; or (2) When the person…

11 Del. C. § 635. Murder in the second degree; class A felony.

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§ 635. Murder in the second degree; class A felony. A person is guilty of murder in the second degree when: (1) The person recklessly causes the death of another person under circumstances which manifest a cruel, wicked and depraved indifference to human life; or (2) While engage…

11 Del. C. § 636. Murder in the first degree; class A felony.

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§ 636. Murder in the first degree; class A felony. (a) A person is guilty of murder in the first degree when: (1) The person intentionally causes the death of another person; (2) While engaged in the commission of, or attempt to commit, or flight after committing or attempting to…

11 Del. C. § 641. Extreme emotional distress.

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§ 641. Extreme emotional distress. The fact that the accused intentionally caused the death of another person under the influence of extreme emotional distress is a mitigating circumstance, reducing the crime of murder in the first degree as defined by § 636 of this title to the …

11 Del. C. § 645. Promoting suicide; class F felony.

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§ 645. Promoting suicide; class F felony. A person is guilty of promoting suicide when the person intentionally causes or aids another person to attempt suicide, or when the person intentionally aids another person to commit suicide. Promoting suicide is a class F felony.11 Del. …

11 Del. C. § 651. Abortion; class F felony [Repealed].

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§ 651. Abortion; class F felony [Repealed].11 Del. C. 1953, § 651; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; repealed by 83 Del. Laws, c. 200, § 1, effective Sept. 17, 2021.;

11 Del. C. § 652. Self-abortion; class A misdemeanor [Repealed].

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§ 652. Self-abortion; class A misdemeanor [Repealed].11 Del. C. 1953, § 652; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; repealed by 83 Del. Laws, c. 200, § 1, effective Sept. 17, 2021.;

11 Del. C. § 653. Issuing abortional articles; class B misdemeanor [Repealed].

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§ 653. Issuing abortional articles; class B misdemeanor [Repealed].11 Del. C. 1953, § 653; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; repealed by 83 Del. Laws, c. 200, § 1, effective Sept. 17, 2021.;

11 Del. C. § 654. “Abortion” defined [Repealed].

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§ 654. “Abortion” defined [Repealed].11 Del. C. 1953, § 654; 58 Del. Laws, c. 497, § 1; 70 Del. Laws, c. 186, § 1; repealed by 83 Del. Laws, c. 200, § 1, effective Sept. 17, 2021.;

11 Del. C. § 761. Definitions generally applicable to sexual offenses.

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§ 761. Definitions generally applicable to sexual offenses. (a) “Cognitive disability” means a developmental disability that substantially impairs an individual’s cognitive abilities including, but not limited to, delirium, dementia and other organic brain disorders for which the…

11 Del. C. § 762. Provisions generally applicable to sexual offenses.

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§ 762. Provisions generally applicable to sexual offenses. (a) Mistake as to age. — Whenever in the definition of a sexual offense, the criminality of conduct or the degree of the offense depends on whether the person has reached that person’s sixteenth birthday, it is no defense…

11 Del. C. § 762A. Immunity relating to sexual offense reporting.

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§ 762A. Immunity relating to sexual offense reporting. (a) As used in this section: (1) “Alcohol offense” means any civil penalty, violation, or misdemeanor offense involving the possession or consumption of alcoholic beverages, including § 1315 of this title (public intoxication…

11 Del. C. § 763. Sexual harassment; unclassified misdemeanor.

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§ 763. Sexual harassment; unclassified misdemeanor. A person is guilty of sexual harassment when: (1) The person threatens to engage in conduct likely to result in the commission of a sexual offense against any person; or (2) The person suggests, solicits, requests, commands, imp…

11 Del. C. § 764. Indecent exposure in the second degree; unclassified misdemeanor.

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§ 764. Indecent exposure in the second degree; unclassified misdemeanor. (a) A male is guilty of indecent exposure in the second degree if he exposes his genitals or buttocks under circumstances in which he knows his conduct is likely to cause affront or alarm to another person. …

11 Del. C. § 765. Indecent exposure in the first degree; class A misdemeanor.

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§ 765. Indecent exposure in the first degree; class A misdemeanor. (a) A male is guilty of indecent exposure in the first degree if he exposes his genitals or buttocks to a person who is less than 16 years of age under circumstances in which he knows his conduct is likely to caus…

11 Del. C. § 766. Incest; class A misdemeanor.

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§ 766. Incest; class A misdemeanor. (a) A person is guilty of incest if the person engages in sexual intercourse with another person with whom the person has 1 of the following relationships: A male and his child. A male and his parent. A male and his brother. A male and his sist…

11 Del. C. § 767. Unlawful sexual contact in the third degree; class A misdemeanor.

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§ 767. Unlawful sexual contact in the third degree; class A misdemeanor. A person is guilty of unlawful sexual contact in the third degree when the person has sexual contact with another person or causes the victim to have sexual contact with the person or a third person and the …

11 Del. C. § 768. Unlawful sexual contact in the second degree; class F felony.

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§ 768. Unlawful sexual contact in the second degree; class F felony. A person is guilty of unlawful sexual contact in the second degree when the person intentionally has sexual contact with another person who is less than 18 years of age or causes the victim to have sexual contac…

11 Del. C. § 769. Unlawful sexual contact in the first degree; class D felony.

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§ 769. Unlawful sexual contact in the first degree; class D felony. (a) A person is guilty of unlawful sexual contact in the first degree when: (1) In the course of committing unlawful sexual contact in the third degree or in the course of committing unlawful sexual contact in th…

11 Del. C. § 770. Rape in the fourth degree; class C felony.

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§ 770. Rape in the fourth degree; class C felony. (a) A person is guilty of rape in the fourth degree when the person: (1) Intentionally engages in sexual intercourse with another person, and the victim has not yet reached that victim’s sixteenth birthday; or (2) Intentionally en…

11 Del. C. § 771. Rape in the third degree; class B felony.

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§ 771. Rape in the third degree; class B felony. (a) A person is guilty of rape in the third degree when the person: (1) Intentionally engages in sexual intercourse with another person, and the victim has not reached that victim’s sixteenth birthday and the person is at least 10 …

11 Del. C. § 772. Rape in the second degree; class B felony.

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§ 772. Rape in the second degree; class B felony. (a) A person is guilty of rape in the second degree when the person: (1) Intentionally engages in sexual intercourse with another person, and the intercourse occurs without the victim’s consent; or (2) Intentionally engages in sex…

11 Del. C. § 773. Rape in the first degree; class A felony.

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§ 773. Rape in the first degree; class A felony. (a) A person is guilty of rape in the first degree when the person intentionally engages in sexual intercourse with another person and any of the following circumstances exist: (1) The sexual intercourse occurs without the victim’s…

11 Del. C. § 774. Sexual extortion; class E felony; class B felony.

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§ 774. Sexual extortion; class E felony; class B felony. (a) A person is guilty of sexual extortion when the person intentionally: (1) Compels or induces another person to do 1 or more of the following: a. Engage in any sexual act involving contact, penetration, or intercourse wi…

11 Del. C. § 775. Bestiality.

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§ 775. Bestiality. A person is guilty of bestiality when the person intentionally engages in any sexual act involving sexual contact, penetration or intercourse with the genitalia of an animal or intentionally causes another person to engage in any such sexual act with an animal …

11 Del. C. § 776. Continuous sexual abuse of a child; class B felony.

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§ 776. Continuous sexual abuse of a child; class B felony. (a) A person is guilty of continuous sexual abuse of a child when, either residing in the same home with the minor child or having recurring access to the child, the person intentionally engages in 3 or more acts of sexua…

11 Del. C. § 777. Dangerous crime against a child, definitions, sentences.

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§ 777. Dangerous crime against a child, definitions, sentences. (a) A “dangerous crime against a child” means any criminal sexual conduct against a minor under the age of 14 years as defined in §§ 770-773, § 777A, §§ 778 through 778A, or §§ 1108 through 1112B of this title. For p…

11 Del. C. § 777A. Sex offender unlawful sexual conduct against a child.

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§ 777A. Sex offender unlawful sexual conduct against a child. (a) A sex offender who knowingly commits any sexual offense against a child is guilty of sex offender unlawful sexual conduct against a child. (b) For purposes of this section, “sex offender” means as defined in § 4121…

11 Del. C. § 778. Sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree; penalties.

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§ 778. Sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree; penalties. A person is guilty of sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree when the person: (1) Intentio…

11 Del. C. § 778A. Sexual abuse of a child by a person in a position of trust, authority, or supervision in the second degree; penalties.

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§ 778A. Sexual abuse of a child by a person in a position of trust, authority, or supervision in the second degree; penalties. (a) A person is guilty of sexual abuse of a child by a person in a position of trust, authority, or supervision in the second degree when the person: (1)…

11 Del. C. § 779 , 779A. Dangerous crime against a child, definitions, sentences; sex offender unlawful conduct against a child [Transferred].

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§§ 779, 779A. Dangerous crime against a child, definitions, sentences; sex offender unlawful conduct against a child [Transferred]. Transferred to §§ 777 and 777A of this title by 77 Del. Laws, c. 318, § 6, effective June 30, 2010.

11 Del. C. § 780. Female genital mutilation.

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§ 780. Female genital mutilation. (a) A person is guilty of female genital mutilation when: (1) A person knowingly circumcises, excises or infibulates the whole or any part of the labia majora, labia minora or clitoris of a female minor; or (2) A parent, guardian or other person …

11 Del. C. § 780A. Sexual intercourse or penetration with a person in custody; class F felony.

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§ 780A. Sexual intercourse or penetration with a person in custody; class F felony. (a) It is unlawful for a law-enforcement officer, an employee working at a detention facility, a contractor or employee of a contractor working at a detention facility, or a volunteer working at a…

11 Del. C. § 780B. Unlawful sexual contact with a person in custody; class G felony.

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§ 780B. Unlawful sexual contact with a person in custody; class G felony. (a) It is unlawful for a law-enforcement officer, an employee working at a detention facility, a contractor or employee of a contractor working at a detention facility, or a volunteer working at a detention…

11 Del. C. § 781. Unlawful imprisonment in the second degree; class A misdemeanor.

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§ 781. Unlawful imprisonment in the second degree; class A misdemeanor. A person is guilty of unlawful imprisonment in the second degree when the person knowingly and unlawfully restrains another person. Unlawful imprisonment in the second degree is a class A misdemeanor.11 Del. …

11 Del. C. § 782. Unlawful imprisonment in the first degree; class G felony.

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§ 782. Unlawful imprisonment in the first degree; class G felony. A person is guilty of unlawful imprisonment in the first degree when the person knowingly and unlawfully restrains another person under circumstances which expose that person to the risk of serious physical injury.…

11 Del. C. § 783. Kidnapping in the second degree; class C felony.

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§ 783. Kidnapping in the second degree; class C felony. A person is guilty of kidnapping in the second degree when the person unlawfully restrains another person with any of the following purposes: (1) To hold the victim for ransom or reward; or (2) To use the victim as a shield …

11 Del. C. § 783A. Kidnapping in the first degree; class B felony.

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§ 783A. Kidnapping in the first degree; class B felony. A person is guilty of kidnapping in the first degree when the person unlawfully restrains another person with any of the following purposes: (1) To hold the victim for ransom or reward; or (2) To use the victim as a shield o…

11 Del. C. § 784. Defense to unlawful imprisonment and kidnapping.

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§ 784. Defense to unlawful imprisonment and kidnapping. In any prosecution for unlawful imprisonment or kidnapping it is an affirmative defense that the accused was a relative of the victim, and the accused’s sole purpose was to assume custody of the victim. In that case, the lia…

11 Del. C. § 785. Interference with custody; class G felony; class A misdemeanor.

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§ 785. Interference with custody; class G felony; class A misdemeanor. A person is guilty of interference with custody when: (1) Being a relative of a child less than 16 years old, intending to hold the child permanently or for a prolonged period and knowing that the person has n…

11 Del. C. § 786. Kidnapping and related offenses; definitions.

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§ 786. Kidnapping and related offenses; definitions. (a) “Harm” to a kidnap victim, in addition to its ordinary meaning, includes rape, unlawful sexual intercourse, unlawful sexual penetration or unlawful sexual contact, even if such rape, unlawful sexual intercourse, unlawful se…

11 Del. C. § 787. Trafficking an individual, forced labor and sexual servitude; class C felony; class B felony; class D felony; class A felony.

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§ 787. Trafficking an individual, forced labor and sexual servitude; class C felony; class B felony; class D felony; class A felony. (a) For the purposes of this section: (1) “Adult” has the meaning ascribed in § 302 of Title 1; (2) “Adult entertainment establishment” means as de…

11 Del. C. § 791. Acts constituting coercion; class A misdemeanor.

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§ 791. Acts constituting coercion; class A misdemeanor. A person is guilty of coercion when the person compels or induces a person to engage in conduct which the victim has a legal right to abstain from engaging in, or to abstain from engaging in conduct in which the victim has a…