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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. § 792. Coercion; truth and proper motive as a defense.
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§ 792. Coercion; truth and proper motive as a defense. In any prosecution for coercion committed by instilling in the victim a fear that the victim or another person would be charged with a crime, it is a defense that the defendant believed the threatened charge to be true and th…
11 Del. C. § 801. Arson in the third degree; affirmative defense; class G felony.
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§ 801. Arson in the third degree; affirmative defense; class G felony. (a) A person is guilty of arson in the third degree when the person recklessly damages a building by intentionally starting a fire or causing an explosion. (b) In any prosecution under this section it is an af…
11 Del. C. § 802. Arson in the second degree; affirmative defense; class D felony.
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§ 802. Arson in the second degree; affirmative defense; class D felony. (a) A person is guilty of arson in the second degree when the person intentionally damages a building by starting a fire or causing an explosion. (b) In any prosecution under this section it is an affirmative…
11 Del. C. § 803. Arson in the first degree; class C felony.

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§ 803. Arson in the first degree; class C felony. A person is guilty of arson in the first degree when the person intentionally damages a building by starting a fire or causing an explosion and when: (1) The person knows that another person not an accomplice is present in the bui…

11 Del. C. § 804. Reckless burning or exploding; class A misdemeanor.

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§ 804. Reckless burning or exploding; class A misdemeanor. (a) A person is guilty of reckless burning or exploding when the person intentionally starts a fire or causes an explosion, whether on the person’s own property or on another’s, and thereby recklessly places a building or…

11 Del. C. § 805. Cross or religious symbol burning; class A misdemeanor [Transferred].

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§ 805. Cross or religious symbol burning; class A misdemeanor [Transferred]. Transferred to § 1306 of this title by 83 Del. Laws, c. 477, § 3, effective Oct. 21, 2022.

11 Del. C. § 811. Criminal mischief; classification of crime; class F felony; class G felony; class A misdemeanor; unclassified misdemeanor; defense.

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§ 811. Criminal mischief; classification of crime; class F felony; class G felony; class A misdemeanor; unclassified misdemeanor; defense. (a) A person is guilty of criminal mischief when the person intentionally or recklessly does any of the following: (1) Damages tangible prope…

11 Del. C. § 811A. Aggravated criminal mischief; knowingly damaging critical utility infrastructure; class D felony.

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§ 811A. Aggravated criminal mischief; knowingly damaging critical utility infrastructure; class D felony. (a) A person is guilty of aggravated criminal mischief when the person knowingly damages or tampers with critical utility infrastructure with the intent to interrupt or impai…

11 Del. C. § 812. Graffiti and possession of graffiti implements; class G felony; class A misdemeanor; class B misdemeanor.

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§ 812. Graffiti and possession of graffiti implements; class G felony; class A misdemeanor; class B misdemeanor. (a) (1) A person is guilty of the act of graffiti when the person intentionally, knowingly or recklessly draws, paints, etches or makes any significant mark or inscrip…

11 Del. C. § 813. Theft of property from a cemetery.

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§ 813. Theft of property from a cemetery. A person commits theft of property from a cemetery when, with the intent as prescribed in § 841 of this title, the person exercises control over flowers, burial mounds, mementos or any other property left by its owner in a cemetery for pu…

11 Del. C. § 820. Trespassing with intent to peer or peep into a window or door of another; class B misdemeanor.

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§ 820. Trespassing with intent to peer or peep into a window or door of another; class B misdemeanor. A person is guilty of trespassing with intent to peer or peep into a window or door of another when the person knowingly enters upon the occupied property or premises of another …

11 Del. C. § 821. Criminal trespass in the third degree; a violation.

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§ 821. Criminal trespass in the third degree; a violation. A person is guilty of criminal trespass in the third degree when the person knowingly enters or remains unlawfully upon real property. Criminal trespass in the third degree is a violation.11 Del. C. 1953, § 821; 58 Del. L…

11 Del. C. § 822. Criminal trespass in the second degree; unclassified misdemeanor.

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§ 822. Criminal trespass in the second degree; unclassified misdemeanor. A person is guilty of criminal trespass in the second degree when the person knowingly enters or remains unlawfully in a building or upon real property which is fenced or otherwise enclosed in a manner manif…

11 Del. C. § 823. Criminal trespass in the first degree; class A misdemeanor.

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§ 823. Criminal trespass in the first degree; class A misdemeanor. A person is guilty of criminal trespass in the first degree when the person knowingly enters or remains unlawfully in a dwelling or building used to shelter, house, milk, raise, feed, breed, study or exhibit anima…

11 Del. C. § 824. Burglary in the third degree; class F felony.

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§ 824. Burglary in the third degree; class F felony. A person is guilty of burglary in the third degree when the person knowingly enters or remains unlawfully in a building with intent to commit a crime therein. Burglary in the third degree is a class F felony.11 Del. C. 1953, § …

11 Del. C. § 825. Burglary in the second degree; class D felony.

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§ 825. Burglary in the second degree; class D felony. (a) A person is guilty of burglary in the second degree when the person knowingly enters or remains unlawfully in a dwelling with intent to commit a crime therein. (b) A person is guilty of burglary in the second degree when t…

11 Del. C. § 826. Burglary in the first degree; class C or B felony.

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§ 826. Burglary in the first degree; class C or B felony. (a) A person is guilty of burglary in the first degree when the person knowingly enters or remains unlawfully in an occupied dwelling with intent to commit a crime therein. (b) A person is guilty of home invasion burglary …

11 Del. C. § 826A. Home invasion; class B felony [Repealed].

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§ 826A. Home invasion; class B felony [Repealed].78 Del. Laws, c. 252, § 1; repealed by 82 Del. Laws, c. 215, § 1, effective Sept. 16, 2019.;

11 Del. C. § 827. Multiple offenses.

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§ 827. Multiple offenses. A person may be convicted both of burglary and of the offense which it was the purpose of the person’s unlawful entry to commit or for an attempt to commit that offense. A person may be convicted both of home invasion burglary first degree and any of the…

11 Del. C. § 828. Possession of burglar’s tools or instruments facilitating theft; class F felony.

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§ 828. Possession of burglar’s tools or instruments facilitating theft; class F felony. (a) A person is guilty of possession of burglar’s tools or instruments facilitating theft when, under circumstances evidencing an intent to use or knowledge that some other person intends to u…

11 Del. C. § 829. Definitions relating to criminal trespass, burglary and home invasion.

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§ 829. Definitions relating to criminal trespass, burglary and home invasion. (a) “Burglar’s tool or instruments” includes the term “bump key” which is a type of key used for a specific lock picking technique called lock bumping. (b) “Dwelling” means a building which is usually o…

11 Del. C. § 831. Robbery in the second degree; class E or D felony.

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§ 831. Robbery in the second degree; class E or D felony. (a) A person is guilty of robbery in the second degree when, in the course of committing theft, the person uses or threatens the immediate use of force upon another person with intent to: (1) Prevent or overcome resistance…

11 Del. C. § 832. Robbery in the first degree; class B felony.

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§ 832. Robbery in the first degree; class B felony. (a) A person is guilty of robbery in the first degree when the person commits the crime of robbery in the second degree and when, in the course of the commission of the crime or of immediate flight therefrom, the person or anoth…

11 Del. C. § 835. Carjacking in the second degree; class E felony; class D felony [Repealed].

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§ 835. Carjacking in the second degree; class E felony; class D felony [Repealed].72 Del. Laws, c. 34, § 1; repealed by 82 Del. Laws, c. 216, § 1, effective Sept. 16, 2019.;

11 Del. C. § 836. Carjacking in the first degree; class C felony; class B felony [Repealed].

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§ 836. Carjacking in the first degree; class C felony; class B felony [Repealed].72 Del. Laws, c. 34, § 2; 74 Del. Laws, c. 93, § 2; repealed by 82 Del. Laws, c. 216, § 1, effective Sept. 16, 2019.;

11 Del. C. § 837. Definitions relating to carjacking [Repealed].

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§ 837. Definitions relating to carjacking [Repealed].72 Del. Laws, c. 34, § 3; repealed by 82 Del. Laws, c. 216, § 1, effective Sept. 16, 2019.;

11 Del. C. § 840. Shoplifting; class G felony; class A misdemeanor.

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§ 840. Shoplifting; class G felony; class A misdemeanor. (a) A person is guilty of shoplifting if, while in a mercantile establishment in which goods, wares or merchandise are displayed for sale, the person: (1) Removes any such goods, wares or merchandise from the immediate use …

11 Del. C. § 840A. Use of illegitimate retail sales receipt or Universal Product Code Label.

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§ 840A. Use of illegitimate retail sales receipt or Universal Product Code Label. (a) A person who, with intent to cheat or defraud another, possesses, uses, transfers, makes, alters, counterfeits or reproduces a retail sales receipt or Universal Product Code Label is guilty of a…

11 Del. C. § 841. Theft; class A misdemeanor; class G felony; class F felony; class D felony; class B felony; restitution.

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§ 841. Theft; class A misdemeanor; class G felony; class F felony; class D felony; class B felony; restitution. (a) A person is guilty of theft when the person does any of the following: (1) Takes, exercises control over, or obtains property of another person intending to deprive…

11 Del. C. § 841A. Theft of a motor vehicle; class G felony.

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§ 841A. Theft of a motor vehicle; class G felony. (a) A person is guilty of theft of a motor vehicle when the person takes, exercises control over or obtains a motor vehicle of another person intending to deprive the other person of it or appropriate it. (b) As used in this secti…

11 Del. C. § 841B. Theft: Organized retail crime; class A misdemeanor; class E felony.

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§ 841B. Theft: Organized retail crime; class A misdemeanor; class E felony. (a) A person is guilty of “theft: organized retail crime” when the person takes, exercises control over, or obtains retail merchandise of another person intending to deprive that person of it, or receives…

11 Del. C. § 841C. Possession or theft of a prescription form or a pad.

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§ 841C. Possession or theft of a prescription form or a pad. (a) A person in possession of a blank prescription form or pad who is not a practitioner as defined in this section shall be guilty of a class G felony. “Possession” in addition to its ordinary meaning, includes locatio…

11 Del. C. § 841D. Wage theft; class E felony.

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§ 841D. Wage theft; class E felony. (a) A person is guilty of wage theft when the person violates § 1102A(a)(1), (a)(4), (a)(5), or (a)(6) of Title 19. (b) For purposes of this section, a series of wage thefts committed by a person or group of persons may be aggregated into 1 cou…

11 Del. C. § 841E. Crimes related to gift cards.

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§ 841E. Crimes related to gift cards. (a) For purposes of this section: (1) “Cardholder” means any person or party to whom a physical or virtual gift card is issued through a purchase or receives a gift card from a willing party. (2) “Card issuer” means any person that issues a g…

11 Del. C. § 841F. Theft by impersonation of a family member; class F felony; class E felony; class C felony; class B felony; restitution.

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§ 841F. Theft by impersonation of a family member; class F felony; class E felony; class C felony; class B felony; restitution. (a) A person is guilty of theft by impersonation of a family member when the person does all of the following: (1) Takes, exercises control over, or obt…

11 Del. C. § 842. Theft; lost or mislaid property; mistaken delivery.

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§ 842. Theft; lost or mislaid property; mistaken delivery. A person commits theft when, with the intent prescribed in § 841 of this title, the person exercises control over property of another person which the person knows to have been lost or mislaid, or to have been delivered u…

11 Del. C. § 843. Theft; false pretense.

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§ 843. Theft; false pretense. A person commits theft when, with the intent prescribed in § 841 of this title, the person obtains property of another person by intentionally creating or reinforcing a false impression as to a present or past fact, or by preventing the other person …

11 Del. C. § 844. Theft; false promise.

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§ 844. Theft; false promise. A person commits theft when, with the intent prescribed in § 841 of this title, the person obtains property of another person by means of a representation, express or implied, that the person or a third person will in the future engage in particular c…

11 Del. C. § 845. Theft of services.

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§ 845. Theft of services. (a) A person commits theft when, with the intent specified in § 841 of this title, the person obtains services which the person knows are available only for compensation by deception, threat, false token, false representation or statement or by installin…

11 Del. C. § 846. Extortion; class E felony.

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§ 846. Extortion; class E felony. A person commits extortion when, with the intent prescribed in § 841 of this title, the person compels or induces another person to deliver property to the person or to a third person by means of instilling in the victim a fear that, if the prope…

11 Del. C. § 847. Theft, extortion; claim of right as an affirmative defense.

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§ 847. Theft, extortion; claim of right as an affirmative defense. (a) In any prosecution for theft or extortion it is an affirmative defense that the property was appropriated by the actor under a claim of right, made in good faith, to do substantially what the actor did in the …

11 Del. C. § 848. Misapplication of property; class G felony; class A misdemeanor.

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§ 848. Misapplication of property; class G felony; class A misdemeanor. A person is guilty of misapplication of property when, knowingly possessing personal property of another pursuant to an agreement that it will be returned to the owner at a future time, the person sells, loan…

11 Del. C. § 849. Theft of rented property; class A misdemeanor or class G felony.

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§ 849. Theft of rented property; class A misdemeanor or class G felony. (a) A person is guilty of theft of rental property if the person, with the intent specified in § 841 of this title, takes, destroys, converts, wrongfully withholds or appropriates by fraud, deception, threat,…

11 Del. C. § 850. Use, possession, manufacture, distribution and sale of unlawful telecommunication and access devices.

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§ 850. Use, possession, manufacture, distribution and sale of unlawful telecommunication and access devices. (a) Prohibited acts. — A person is guilty of a violation of this section if the person knowingly: (1) Manufactures, assembles, distributes, possesses with intent to distri…

11 Del. C. § 851. Receiving stolen property; class G felony; class A misdemeanor.

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§ 851. Receiving stolen property; class G felony; class A misdemeanor. A person is guilty of receiving stolen property if the person intentionally receives, retains or disposes of property of another person with intent to deprive the owner of it or to appropriate it, knowing that…

11 Del. C. § 852. Receiving stolen property; presumption of knowledge.

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§ 852. Receiving stolen property; presumption of knowledge. Knowledge that property has been acquired under circumstances amounting to theft may be presumed in the case of a person who acquires it for a consideration which the person knows is substantially below its reasonable va…

11 Del. C. § 852A. Selling stolen property; class A misdemeanor; class G felony.

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§ 852A. Selling stolen property; class A misdemeanor; class G felony. A person is guilty of selling stolen property if, after the person receives stolen property pursuant to § 851 of this title, the person sells some or all of the stolen property received. A person may be convict…

11 Del. C. § 853. Unauthorized use of a vehicle; class A misdemeanor.

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§ 853. Unauthorized use of a vehicle; class A misdemeanor. A person is guilty of unauthorized use of a vehicle when: (1) Knowing that the person does not have the consent of the owner the person takes, operates, exercises control over, rides in or otherwise uses a vehicle; (2) Ha…

11 Del. C. § 854. Identity theft; class D felony.

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§ 854. Identity theft; class D felony. (a) A person commits identity theft when the person knowingly or recklessly obtains, produces, possesses, uses, sells, gives or transfers personal identifying information belonging or pertaining to another person without the consent of the o…

11 Del. C. § 854A. Identity theft passport; application; issuance.

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§ 854A. Identity theft passport; application; issuance. (a) The Office of the Attorney General, in cooperation with any law-enforcement agency, may issue an identity theft passport to a person who is a victim of identity theft in this State and who has filed a police report citin…