Title 11, Crimes and Criminal Procedure

§ 3509. Rape — Admissibility of certain evidence. (a) Notwithstanding any other provision of this Code to the contrary, and except as provided in this section, in any prosecution for any degree of rape, unlawful sexual intercourse, unlawful sexual penetration or unlawful sexual c…

§ 3510. Admissibility of certificate of title in criminal proceedings involving motor vehicles. In any criminal proceeding in which ownership, possession or use of a motor vehicle is an issue, a certified copy of the certificate of title on file with the Division of Motor Vehicle…

§ 3511. Videotaped deposition and procedures for child witnesses. (a) In any criminal case or hearing on delinquency, upon motion of the Deputy Attorney General prior to trial and with notice to the defense, the court may order all questioning of any witnesses under the age of 12…

§ 3512. Presence of victims. A “victim” or a “member of the victim’s family,” as defined in § 9401 of this title, has the right to be present during all stages of a criminal proceeding even if called upon to testify therein, except as follows: (1) A grand jury proceeding. (2) If …

§ 3513. Hearsay exception for child victim’s or witness’s out-of-court statement of abuse. (a) An out-of-court statement made by a child victim or witness who is under 11 years of age at the time of the proceeding concerning an act that is a material element of the offense relati…

§ 3514. Testimony of victim or witness in child abuse, and victim of domestic violence, sexual assault or stalking cases by means of secured video connection. (a) (1) In any prosecution involving any offense set forth in § 3513(a) of this title, domestic violence as defined in § …

§ 3515. Admissibility of DNA profiles. (a) [Repealed.] (b) Purposes. — In any criminal proceeding, the evidence of a DNA profile is admissible to prove or disprove the identity of any person, if the party seeking to introduce the evidence of a DNA profile: (1) Notifies in writing…

§ 3516. Hearsay exception for an adult who is impaired or patient or resident victim’s out-of-court statement of abuse. (a) An out-of-court statement made by an adult who is impaired, as defined in § 3902 of Title 31, or by a patient or resident of a state facility, as defined in…

§ 3521. Definitions. As used in this subchapter: (1) “State” includes any territory of the United States and District of Columbia. (2) “Summons” includes a subpoena, order or other notice requiring the appearance of a witness. (3) “Witness” includes a person whose testimony is de…

§ 3522. Testimony in another state. (a) If a judge of a court of record in any state which by its laws has made provision for commanding persons within that state to attend and testify in this State certifies under the seal of such court that there is a criminal prosecution pendi…

§ 3523. Testimony in this State. (a) If a person in any state, which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions or grand jury investigations commenced or about to commence in this State, is a material wi…

§ 3524. Immunity from arrest and service of process. (a) If a person comes into this State in obedience to a summons directing the person to attend and testify in this State the person shall not, while in this State pursuant to such summons, be subject to arrest or the service of…

§ 3525. Uniformity of interpretation. This subchapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of the states which enact it.41 Del. Laws, c. 214, § 5; 11 Del. C. 1953, § 3525;

§ 3526. Short title. This subchapter may be cited as “Uniform Law to Secure the Attendance of Witnesses From Without a State in Criminal Proceedings.”41 Del. Laws, c. 214, § 6; 11 Del. C. 1953, § 3526;

§ 3531. Definitions. The following words, terms and phrases, when used in this subchapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (1) “Malice” shall mean an intent to vex, annoy, harm or injure in …

§ 3532. Act of intimidation; class D felony. Except as provided in § 3533 of this title, every person who knowingly and with malice prevents or dissuades (or who attempts to prevent or dissuade) any witness or victim from attending or giving testimony at any trial, proceeding or …

§ 3533. Aggravated act of intimidation; class B felony. Every person doing any of the acts set forth in § 3532 of this title, knowingly and with malice under 1 or more of the following circumstances, shall be guilty of a class B felony if, in addition, such act: (1) Is accompanie…

§ 3534. Attempt to intimidate. Every person attempting the commission of any act described in §§ 3532 and 3533 of this title is guilty of the offense attempted, without regard to the success or failure of such attempt. The fact that no person was actually physically injured, or a…

§ 3535. Protective orders — Issuance. Any court with jurisdiction over any criminal matter may in its discretion and upon good cause (which may include, but is not limited to, such matters as credible hearsay, the declaration of the prosecutor or the declaration of the defense at…

§ 3536. Protective orders — Violations. (a) A person who violates an order made pursuant to this subchapter may be punished for any substantive offense set forth in this subchapter. (b) A person who violates an order made pursuant to this subchapter may be punished as a contempt …

§ 3537. Pretrial release. (a) Any pretrial release of any defendant (whether on bail or under any other form of recognizance) shall be deemed, as a matter of law, to include a condition that the defendant neither do, nor cause to be done, nor knowingly permit to be done on the de…

§ 3901. Fixing term of imprisonment; credits. (a) When imprisonment is a part of the sentence, the term shall be fixed, and the time of its commencement and ending specified. An act to be done at the expiration of a term of imprisonment shall be done on the last day thereof, unle…

§ 3902. Solitary confinement [Repealed].Code 1852, §§ 2927, 2929; 21 Del. Laws, c. 247, § 4; 27 Del. Laws, c. 271; Code 1915, §§ 4810, 4811; Code 1935, § 5299; 11 Del. C. 1953, § 3203; repealed by 83 Del. Laws, c. 233, § 1, effective Sept. 30, 2021.;

§ 3903. Delivery of copy of sentence to warden. The Prothonotary shall deliver to the warden of the workhouse or jail in which the convicted person is to be confined a duly certified copy of the sentence in every criminal case.Code 1852, § 2930; Code 1915, § 4812; 40 Del. Laws, c…

§ 3905. Instructions on separate issues of guilt and insanity; instructions on verdicts. At the conclusion of a trial under this title, where warranted by the evidence, the charge to the jury shall contain instructions that shall consider separately the issues of guilt and the pr…

§ 3906. Domestic violence offenses. The sentence for a second conviction for any crime or attempt to commit any crime hereinafter specifically named when such crime is committed by a member of the victim’s family as defined by § 901(12) of Title 10, regardless of the state of res…

§ 3910. Definitions. For purposes of this subchapter, the following words, terms and phrases shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: “Human immunodeficiency virus test” means a test or tests of an i…

§ 3911. Human immunodeficiency virus (HIV) testing at the request of the victim. At the request of the victim and/or by order of the court, a defendant who has been arrested for a crime which has sexual intercourse, deviant sexual intercourse, or sexual contact as an element must…

§ 3912. Test result not a public record. The result of any human immunodeficiency virus test conducted pursuant to this subchapter shall not be a public record for purposes of Chapter 100 of Title 29.69 Del. Laws, c. 231, § 1; 76 Del. Laws, c. 365, § 2;

§ 3913. Test results; notification to Department of Correction; counseling; cost; notice of appeal not to automatically stay order for HIV testing. (a) The result of any human immunodeficiency virus testing conducted pursuant to this subchapter shall only be made available by the…

§ 3915. Scope. A person who is charged with any criminal offense in which it is alleged that the person interfered with the official duties of a law-enforcement officer by biting, scratching, spitting or transferring blood or other bodily fluids on or through the skin or membrane…

§ 3916. Petition and hearing. (a) The law-enforcement officer or the employing agency or entity may petition the Superior Court for an order authorizing testing for the human immunodeficiency virus, any antibody to human immunodeficiency virus, or hepatitis. The Superior Court sh…

§ 3917. Notice provided. (a) Notice of the test results shall be provided as prescribed by the Division of Public Health to the person tested, as well as to the law-enforcement officer named in the petition and to the officer’s employing agency or entity, who shall otherwise main…

§ 3918. Positive results; counseling; costs. (a) If the test indicates the presence of human immunodeficiency virus infection, the Division of Public Health shall provide counseling to the law-enforcement officer and the person charged with the criminal offense regarding human im…

§ 4101. Payment of fines, fees, costs, assessments, and restitution on conviction [Effective until Mar. 8, 2027]. (a) On conviction on indictment or information for any crime or offense, a defendant must pay all costs imposed by a court. (b) (1) When a court sentence includes a f…

§ 4102. Payment of costs upon acquittal. (a) If, upon indictment or information, the defendant is acquitted, the costs shall be paid by the county. (b) In cases of surety of the peace (which are herein deemed to be cases of a criminal nature) the court may order that the costs sh…

§ 4103. Refund of fines upon reversal of conviction. (a) The State Treasurer shall remit to each person, or to the attorney of such person, who has paid a fine upon a conviction which was later set aside by a court of higher jurisdiction upon a certiorari or appeal from the lower…

§ 4104. Fines, fees, costs, assessments, or restitution; how collected; suspending driver’s license for nonpayment prohibited [Effective until Mar. 8, 2027]. (a) (1) When a court imposes a fine, fee, cost, assessment, or restitution on a defendant, the court may order any of the …

§ 4105. Default in payment of fine; inability to pay [Effective until Mar. 8, 2027]. (a) No person sentenced to pay a fine, costs or restitution upon conviction of a crime shall be ordered to be imprisoned in default of the payment of such fine, costs or restitution. (b) (1) Wher…

§ 4106. Restitution for property damage or loss. (a) Any person convicted of stealing, taking, receiving, converting, defacing or destroying property, shall be liable to each victim of the offense for the value of the property or property rights lost to the victim and for the val…

§ 4107. Annual report [Effective until Mar. 8, 2027]. (a) The Administrative Office of the Courts shall prepare an annual report by February 15 on behalf of the Superior Court, the Family Court, the Court of Common Pleas, the Justice of the Peace Court, and the Office of State Co…

§ 4108. Annual report [Effective Mar. 8, 2027]. (a) The Administrative Office of the Courts shall prepare an annual report by February 15 on behalf of the Superior Court, the Family Court, the Court of Common Pleas, the Justice of the Peace Court, and the Office of State Courts C…

§ 4110. Purpose; created. The General Assembly hereby declares that in order to provide funds to enhance the suppression, investigation and prosecution of criminal activity, promote officer safety, facilitate the training of law-enforcement personnel, further public safety, publi…

§ 4111. Use. (a) The use of money from the Special Law Enforcement Assistance Fund [SLEAF] must be for the purposes declared in § 4110 of this title. The Attorney General shall allocate resources and approve expenditures in respect of permitted uses in accordance with this subcha…

§ 4112. Source of funds. (a) Upon the forfeiture of any money in a criminal case in any court of this State, the same shall be paid over to the Prothonotary or clerk of the court, as the case may be, who shall collect the same and transmit it to the State Treasurer to be held as …

§ 4113. Disbursement of funds [For application of this section, see 80 Del. Laws, c. 281, § 3]. (a) The disbursement of funds from this account shall be made by the State Treasurer to a law-enforcement agency only upon written application by the agency and upon authorization by t…