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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. § 923. Exceptions.
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§ 923. Exceptions. This subpart shall not apply to: (1) Any broadcaster who, in connection with or as part of a radio, television or cable broadcast transmission, or for the purpose of archival preservation, transfers any such sounds recorded on a sound recording; (2) Any person …
11 Del. C. § 924. Civil litigation.
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§ 924. Civil litigation. This subpart shall neither enlarge nor diminish the rights of parties in civil litigation.60 Del. Laws, c. 611, § 1;
11 Del. C. § 924A. Forfeiture.
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§ 924A. Forfeiture. If a person is convicted of a violation of § 922 of this title, the court in its sentencing order shall order the forfeiture and destruction or other disposition of: (1) All articles on which the conviction is based; and (2) All implements, devices, materials,…
11 Del. C. § 925. Video privacy protection.
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§ 925. Video privacy protection. (a) A videotape distributor may not wrongfully disclose an individual or summary listing of any videotapes purchased or rented by a protected individual from the videotape distributor. (b) In this section the following words or terms have the mean…

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11 Del. C. § 926. Trademark counterfeiting.

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§ 926. Trademark counterfeiting. (a) Any person who knowingly manufactures, uses, displays, advertises, distributes, offers for sale, sells or possesses with intent to sell or distribute any items or services bearing or identified by a counterfeit mark shall be guilty of the crim…

11 Del. C. § 931. Definitions.

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§ 931. Definitions. As used in this subpart: (1) “Access” means to instruct, communicate with, store data in or retrieve data from a computer, computer system or computer network. (2) “Commercial electronic mail” or “commercial e-mail” means any electronic mail message that is se…

11 Del. C. § 932. Unauthorized access.

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§ 932. Unauthorized access. A person is guilty of the computer crime of unauthorized access to a computer system when, knowing that the person is not authorized to do so, the person accesses or causes to be accessed any computer system without authorization.64 Del. Laws, c. 438, …

11 Del. C. § 933. Theft of computer services.

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§ 933. Theft of computer services. A person is guilty of the computer crime of theft of computer services when the person accesses or causes to be accessed or otherwise uses or causes to be used a computer system with the intent to obtain unauthorized computer services, computer …

11 Del. C. § 934. Interruption of computer services.

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§ 934. Interruption of computer services. A person is guilty of the computer crime of interruption of computer services when that person, without authorization, intentionally or recklessly disrupts or degrades or causes the disruption or degradation of computer services or denies…

11 Del. C. § 935. Misuse of computer system information.

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§ 935. Misuse of computer system information. A person is guilty of the computer crime of misuse of computer system information when: (1) As a result of accessing or causing to be accessed a computer system, the person intentionally makes or causes to be made an unauthorized disp…

11 Del. C. § 936. Destruction of computer equipment.

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§ 936. Destruction of computer equipment. A person is guilty of the computer crime of destruction of computer equipment when that person, without authorization, intentionally or recklessly tampers with, takes, transfers, conceals, alters, damages or destroys any equipment used in…

11 Del. C. § 937. Unrequested or unauthorized electronic mail or use of network or software to cause same.

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§ 937. Unrequested or unauthorized electronic mail or use of network or software to cause same. A person is guilty of the computer crime of unrequested or unauthorized electronic mail: (1) When that person, without authorization, intentionally or recklessly distributes any unsoli…

11 Del. C. § 938. Failure to promptly cease electronic communication upon request.

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§ 938. Failure to promptly cease electronic communication upon request. (a) A person is guilty of the computer crime of failure to promptly cease electronic communication upon request when that person intentionally, recklessly or negligently, fails to stop sending commercial elec…

11 Del. C. § 939. Penalties.

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§ 939. Penalties. (a) A person committing any of the crimes described in §§ 932-938 of this title is guilty in the first degree when the damage to or the value of the property or computer services affected exceeds $10,000. Computer crime in the first degree is a class D felony. (…

11 Del. C. § 940. Venue.

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§ 940. Venue. (a) In any prosecution for any violation of §§ 932-938 of this title, the offense shall be deemed to have been committed in the place at which the act occurred or in which the computer system or part thereof involved in the violation was located. (b) In any prosecut…

11 Del. C. § 941. Remedies of aggrieved persons.

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§ 941. Remedies of aggrieved persons. (a) Any aggrieved person who has reason to believe that any other person has been engaged, is engaged or is about to engage in an alleged violation of any provision of §§ 932-938 or § 9616A of this title may bring an action against such perso…

11 Del. C. § 951. Money laundering; class D felony.

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§ 951. Money laundering; class D felony. (a) A person is guilty of money laundering when: (1) The person knowingly acquires or maintains an interest in, conceals, possesses, transfers, or transports the proceeds of criminal activity; or (2) The person knowingly conducts, supervis…

11 Del. C. § 1501. Statement of purpose.

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§ 1501. Statement of purpose. The purpose of this chapter is to guard against and prevent the infiltration and illegal acquisition of legitimate economic enterprises by racketeering practices, and the use and exploitation of both legal and illegal enterprises to further criminal …

11 Del. C. § 1502. Definitions.

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§ 1502. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (1) a. “Beneficial interest” shall include any of the following: 1. Th…

11 Del. C. § 1503. Violations.

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§ 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…

11 Del. C. § 1504. Criminal penalties.

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§ 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…

11 Del. C. § 1505. Civil remedies.

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§ 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; …

11 Del. C. § 1506. Forfeiture proceedings.

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§ 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 …

11 Del. C. § 1507. Racketeering lien notice; lis pendens; construction of section.

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§ 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…

11 Del. C. § 1508. Term of lien notice.

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§ 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 …

11 Del. C. § 1509. Investigative powers of Attorney General.

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§ 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…

11 Del. C. § 1510. Registration of foreign corporations.

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§ 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…

11 Del. C. § 1511. Use of property and funds for law-enforcement purposes.

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§ 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…

11 Del. C. § 1701. Benefit of clergy.

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§ 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;

11 Del. C. § 1702. Information against organization; process.

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§ 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…

11 Del. C. § 1703. Definitions

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§ 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 …

11 Del. C. § 1901. Definitions.

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§ 1901. Definitions. As used in this subchapter: (1) “Arrest” is the taking of a person into custody in order that the person may be forthcoming to answer for the commission of a crime. (2) “Peace officer” is any public officer authorized by law to make arrests in a criminal case…

11 Del. C. § 1902. Questioning and detaining suspects.

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§ 1902. Questioning and detaining suspects. (a) A peace officer may stop any person abroad, or in a public place, who the officer has reasonable ground to suspect is committing, has committed or is about to commit a crime, and may demand the person’s name, address, business abroa…

11 Del. C. § 1903. Searching questioned person for weapon.

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§ 1903. Searching questioned person for weapon. A peace officer may search for a dangerous weapon any person whom the officer has stopped or detained to question as provided in § 1902 of this title, whenever the officer has reasonable ground to believe that the officer is in dang…

11 Del. C. § 1904. Arrest without warrant.

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§ 1904. Arrest without warrant. (a) An arrest by a peace officer without a warrant for a misdemeanor is lawful whenever the officer has reasonable ground to believe that the person to be arrested has committed a misdemeanor: (1) In the officer’s presence; (2) Out of the officer’s…

11 Del. C. § 1905. Validity of arrest on improper grounds.

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§ 1905. Validity of arrest on improper grounds. If a lawful cause of arrest exists, the arrest is lawful even though the officer charges the wrong offense or gives a reason that does not justify the arrest.Code 1935, §§ 5343-G; 48 Del. Laws, c. 304; 11 Del. C. 1953, § 1907;

11 Del. C. § 1906. Possession and display of warrant.

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§ 1906. Possession and display of warrant. An arrest by a peace officer acting under a warrant is lawful even though the officer does not have the warrant in possession at the time of the arrest, but, if the person arrested so requests, the warrant shall be shown to the person as…

11 Del. C. § 1907. Summons instead of arrest; form; penalty for nonappearance.

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§ 1907. Summons instead of arrest; form; penalty for nonappearance. (a) In any case in which it is lawful for a peace officer to arrest without a warrant a person for a misdemeanor, the officer may, but need not, give the person a written summons in substantially the following fo…

11 Del. C. § 1908. Release of person arrested without warrant.

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§ 1908. Release of person arrested without warrant. (a) Any officer in charge of a police department or any officer delegated by the officer may release, instead of taking before a magistrate, any person who has been arrested without a warrant by an officer of that department whe…

11 Del. C. § 1909. Hearing without delay; permissible delay.

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§ 1909. Hearing without delay; permissible delay. (a) If not otherwise released, every person arrested shall be brought before a magistrate without unreasonable delay, and in any event the person shall, subject to the limitations contained in subsection (b) of this section below,…

11 Del. C. § 1910. Identification of witness.

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§ 1910. Identification of witness. Whenever a peace officer has reasonable ground to believe that a crime has been committed, the officer may stop any person who the officer has reasonable ground to believe was present thereat and may demand the person’s name and address. If the …

11 Del. C. § 1911. Police officers; statewide authority.

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§ 1911. Police officers; statewide authority. (a) For purposes of this section “police officer” means any police officer holding current certification by the Police Officer Standards and Training Commission as provided by Chapter 84 of this title and who is: (1) A member of the D…

11 Del. C. § 1912. Federal law-enforcement officers; authority; immunity.

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§ 1912. Federal law-enforcement officers; authority; immunity. A sworn federal law-enforcement officer, who in an official capacity is authorized by law to make arrests, shall have the same legal status and immunity from suit in this State as a member of the Delaware State Police…

11 Del. C. § 1913. Release and publication of name and photograph.

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§ 1913. Release and publication of name and photograph. (a) As used in this section: (1) “Juvenile” means a child 17 years of age or younger. (2) “Law-enforcement officer” means as defined in § 222 of this title. (3) “Law-enforcement agency” means an agency employing law-enforcem…

11 Del. C. § 1914. Arrest or detention by private person prohibited; exceptions.

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§ 1914. Arrest or detention by private person prohibited; exceptions. (a) Except as set forth under subsection (b) of this section, arrest or detention by any person who is not specifically authorized by statute to effect an arrest or detention is prohibited. (b) (1) If a peace o…

11 Del. C. § 1931. Definitions.

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§ 1931. Definitions. As used in this subchapter: “Fresh pursuit” includes fresh pursuit as defined by the common law, and also the pursuit of a person who has committed a felony or a misdemeanor or a violation of the Motor Vehicle Code of this State or who is reasonably suspected…

11 Del. C. § 1932. Arrest by out-of-state police.

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§ 1932. Arrest by out-of-state police. (a) Any member of a duly organized state, county or municipal peace unit of another state of the United States who enters this State in fresh pursuit, and continues within this State in such fresh pursuit, of a person in order to arrest the …

11 Del. C. § 1933. Hearing before justice of the peace; waiver of extradition.

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§ 1933. Hearing before justice of the peace; waiver of extradition. If an arrest is made in this State by an officer of another state in accordance with § 1932 of this title, the officer shall without unnecessary delay take the person arrested before a justice of the peace of the…

11 Del. C. § 1934. Short title.

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§ 1934. Short title. This subchapter may be cited as the “Uniform Law on Fresh Pursuit.”41 Del. Laws, c. 216, § 8; 11 Del. C. 1953, § 1934;

11 Del. C. § 1935. Fresh pursuit by county, municipal, town and other peace units.

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§ 1935. Fresh pursuit by county, municipal, town and other peace units. Any peace officer of a duly organized county, municipal, town, interstate bridge or university peace unit or a law-enforcement officer of the Department of Natural Resources and Environmental Control, but not…