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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. § 4114. Accounting of funds; permissible types of investigative activities.
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§ 4114. Accounting of funds; permissible types of investigative activities. (a) Each agency receiving funding from the Special Law Enforcement Assistance Fund during any fiscal year shall render on or before June 30 of each year a full and complete accounting for the use of such …
11 Del. C. § 4115. Review [For application of this section, see 80 Del. Laws, c. 281, § 3].
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§ 4115. Review [For application of this section, see 80 Del. Laws, c. 281, § 3]. Any agency receiving funds from the Special Law Enforcement Assistance Fund shall, on or before July 15, submit a detailed and complete accounting of the disbursement for all such funds from the prio…
11 Del. C. § 4116. Excess funds.
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§ 4116. Excess funds. If at any time the amount of funds segregated in the Special Law Enforcement Assistance Fund exceeds $500,000, the excess shall be deposited in the General Fund.63 Del. Laws, c. 140, § 1; 74 Del. Laws, c. 111, § 33;
11 Del. C. § 4120. Registration of sex offenders.
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§ 4120. Registration of sex offenders. (a) Unless otherwise indicated, the definitions set forth in § 4121(a) of this title shall apply to this section. In addition, when used in this section, the phrase “custodial institution” includes any Level IV or V facility operated by or f…

11 Del. C. § 4120A. Sex Offender Management Board.

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§ 4120A. Sex Offender Management Board. (a) The General Assembly hereby declares that the comprehensive evaluation, identification, classification, treatment, and continued monitoring of sex offenders who are subject to the supervision of the criminal justice system is necessary …

11 Del. C. § 4121. Community notification of sex offenders on probation, parole, conditional release, or release from confinement; class G felony.

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§ 4121. Community notification of sex offenders on probation, parole, conditional release, or release from confinement; class G felony. (a) As used in this subchapter: (1) “Community notification” means notice that includes, to the extent possible, all information required to be …

11 Del. C. § 4122. Transition provisions.

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§ 4122. Transition provisions. (a) Section 4121 of this title and this section shall be retroactively applicable to any person convicted of a registering offense. (b) Notwithstanding any law, rule or regulation to the contrary, as soon after March 1, 1999, as is practicable, the …

11 Del. C. § 4123. Juveniles adjudicated delinquent of sex offenses.

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§ 4123. Juveniles adjudicated delinquent of sex offenses. (a) Notwithstanding any law, rule or regulation to the contrary, this section shall apply to any sex offender who was a juvenile on the date of the offense and adjudicated delinquent by the Family Court. (b) Prior to sente…

11 Del. C. § 4130. Definitions.

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§ 4130. Definitions. As used in this subchapter: (1) “Animal” means as defined in § 1325(a) of this title. (2) “Animal abuse offense” means any of the following offenses as defined in this title: a. Section 775. Bestiality. b. Section 1325. Cruelty to animals; class A misdemeanor…

11 Del. C. § 4131. Animal abuse offender list; public website.

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§ 4131. Animal abuse offender list; public website. (a) The Office of Animal Welfare shall create a list of adult individuals convicted of an animal abuse offense and publicly post the list on the Office of Animal Welfare’s website with information set forth in subsection (b) of …

11 Del. C. § 4132. Rules.

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§ 4132. Rules. The Office of Animal Welfare may promulgate rules necessary for implementation of this chapter. 85 Del. Laws, c. 166, § 1;

11 Del. C. § 4133. Early removal.

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§ 4133. Early removal. (a) An individual who has been entered on the animal abuse offender list subject to a misdemeanor conviction may file a petition for removal 2 years after the date of conviction. (b) An individual who has been entered on the animal abuse offender list subje…

11 Del. C. § 4201. Transition provisions.

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§ 4201. Transition provisions. (a) Felonies are classified, for the purpose of sentence, into 7 categories: (1) Class A felonies; (2) Class B felonies; (3) Class C felonies; (4) Class D felonies; (5) Class E felonies; (6) Class F felonies; (7) Class G felonies. (b) Any crime or o…

11 Del. C. § 4202. Classification of misdemeanors.

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§ 4202. Classification of misdemeanors. (a) Misdemeanors are classified for the purpose of sentence into 2 categories: (1) Class A misdemeanors; (2) Class B misdemeanors. (b) Any offense defined by statute which is not specifically designated a felony, a class A misdemeanor, a cl…

11 Del. C. § 4203. Violations.

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§ 4203. Violations. There shall be a class of offenses denominated violations. No offense is a violation unless expressly declared to be a violation in this Criminal Code or in the statute defining the offense.11 Del. C. 1953, § 4203; 58 Del. Laws, c. 497, § 2;

11 Del. C. § 4204. Authorized disposition of convicted offenders.

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§ 4204. Authorized disposition of convicted offenders. (a) Every person convicted of an offense shall be sentenced in accordance with this Criminal Code, with the exception of an environmental misdemeanor as defined in § 1304 of Title 7. This section applies to all judgments of c…

11 Del. C. § 4204A. Youth convicted in Superior Court.

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§ 4204A. Youth convicted in Superior Court. (a) [Repealed.] (b) When a child who has not reached that child’s eighteenth birthday is sentenced in Superior Court to a period of incarceration, such sentence shall initially be served in a juvenile facility upon imposition of the sen…

11 Del. C. § 4205. Sentence for felonies.

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§ 4205. Sentence for felonies. (a) A sentence of incarceration for a felony shall be a definite sentence. (b) The term of incarceration which the court may impose for a felony is fixed as follows: (1) For a class A felony not less than 15 years up to life imprisonment to be serve…

11 Del. C. § 4205A. Additional penalty for serious sex offenders or pedophile offenders.

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§ 4205A. Additional penalty for serious sex offenders or pedophile offenders. (a) Notwithstanding any provision of this chapter or any other laws to the contrary, the Superior Court, upon the State’s application, shall sentence a defendant convicted of any crime set forth in § 77…

11 Del. C. § 4206. Sentence for misdemeanors.

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§ 4206. Sentence for misdemeanors. (a) The sentence for a class A misdemeanor may include up to 1 year incarceration at Level V and such fine up to $2,300, restitution or other conditions as the court deems appropriate. (b) The sentence for a class B misdemeanor may include up to…

11 Del. C. § 4207. Sentences for violations.

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§ 4207. Sentences for violations. (a) The Court may impose a fine of up to $345 for the first offense of any violation, up to $690 for the second offense of that same violation and up to $1,150 for the third offense of the same violation; provided, that only violations which occu…

11 Del. C. § 4208. Fines for organizations.

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§ 4208. Fines for organizations. A sentence to pay a fine, when imposed on an organization, shall be the amount specified in the law setting forth the offense if a penalty is specified in that law, or, if there is no specific penalty defined in the law setting forth the offense, …

11 Del. C. § 4209. Punishment for first-degree murder committed by adult offenders.

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§ 4209. Punishment for first-degree murder committed by adult offenders. (a) Punishment for first-degree murder. — Any person who is convicted of first-degree murder for an offense that was committed after the person had reached the person’s eighteenth birthday shall be punished …

11 Del. C. § 4209A. Punishment for first-degree murder committed by juvenile offenders.

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§ 4209A. Punishment for first-degree murder committed by juvenile offenders. Any person who is convicted of first-degree murder for an offense that was committed before the person had reached the person’s eighteenth birthday shall be sentenced to term of incarceration not less th…

11 Del. C. § 4210. Arrest and disposition of intoxicated persons.

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§ 4210. Arrest and disposition of intoxicated persons. (a) Any intoxicated person taken into custody for a violation of § 1315 of this title shall immediately be taken to a detoxification center where the person shall be admitted as a patient. (1) The arresting officer shall leav…

11 Del. C. § 4211. Payment of expenses.

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§ 4211. Payment of expenses. Any person treated under § 4210 of this title shall, any law to the contrary notwithstanding, be responsible for the incurred expenses, and shall be billed for same by the Department of Mental Health.11 Del. C. 1953, § 4211; 58 Del. Laws, c. 497, § 2;

11 Del. C. § 4212. Definitions relating to §§ 4210 and 4211.

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§ 4212. Definitions relating to §§ 4210 and 4211. For the purposes of §§ 4210 and 4211 of this title, the following words and phrases shall have the meanings respectively ascribed to them: (1) “Chronic alcoholic” shall mean a person who compulsively and habitually uses alcoholic …

11 Del. C. § 4213. Arrest of persons under the influence of drugs; drug detoxification centers.

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§ 4213. Arrest of persons under the influence of drugs; drug detoxification centers. (a) For purposes of this section only, the following phrases shall have meanings respectively ascribed to them: (1) “A person under the influence of drugs” shall mean a person whose powers of sel…

11 Del. C. § 4214. Habitual criminal; life sentence

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§ 4214. Habitual criminal; life sentence (a) Any person who has been 2 times convicted of a Title 11 violent felony, or attempt to commit such a violent felony, as defined in § 4201(c) of this title under the laws of this State, and/or any comparable violent felony as defined by …

11 Del. C. § 4215. Sentence of greater punishment because of previous conviction.

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§ 4215. Sentence of greater punishment because of previous conviction. (a) If at the time of sentence, it appears to the court that the conviction of a defendant constitutes a second or other conviction making the defendant liable to a punishment greater than the maximum which ma…

11 Del. C. § 4215A. Sentence of greater punishment because of previous conviction under prior law or the laws of other jurisdictions.

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§ 4215A. Sentence of greater punishment because of previous conviction under prior law or the laws of other jurisdictions. (a) Notwithstanding any provision of law to the contrary, if a previous conviction for a specified offense would make the defendant liable to a punishment gr…

11 Del. C. § 4216. Transition provisions.

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§ 4216. Transition provisions. (a) Where an inmate is serving a sentence to Level V (incarceration) imposed not under the Truth in Sentencing Act of 1989 and receives a subsequent sentence to Level V under the provisions of the Truth in Sentencing Act, serving of the earlier sent…

11 Del. C. § 4217. Jurisdiction over sentence retained; sentence modification process.

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§ 4217. Jurisdiction over sentence retained; sentence modification process. (a) (1) For purposes of this section, “person” means an individual serving an aggregate sentence of incarceration at Level V in excess of 1 year. (2) If a court imposes an aggregate sentence of incarcerat…

11 Del. C. § 4218. Probation before judgment.

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§ 4218. Probation before judgment. (a) Subject to the limitations set forth in this section, for a violation or misdemeanor offense under Title 4, 7, or this title, or for any violation or misdemeanor offense under Title 21 which is designated as a motor vehicle offense subject t…

11 Del. C. § 4219. Continuous Remote Alcohol Monitoring Program.

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§ 4219. Continuous Remote Alcohol Monitoring Program. (a) There is hereby established for sentencing and probation purposes a Continuous Remote Alcohol Monitoring Program which shall use technology to monitor offenders for alcohol use. The program shall be administered by the Dep…

11 Del. C. § 4220. Modification, suspension or reduction of sentence for substantial assistance.

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§ 4220. Modification, suspension or reduction of sentence for substantial assistance. (a) The Attorney General may move the sentencing court to modify, reduce or suspend the sentence of any person who is convicted of any crime or offense specified in this Code, and who provides s…

11 Del. C. § 4221. Modification, deferral, suspension or reduction of sentence for serious physical illness, injury or infirmity.

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§ 4221. Modification, deferral, suspension or reduction of sentence for serious physical illness, injury or infirmity. Notwithstanding any provision of law to the contrary, a court may modify, defer, suspend or reduce a minimum or mandatory sentence of 1 year or less, or a portio…

11 Del. C. § 4301. Purposes and construction.

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§ 4301. Purposes and construction. This chapter shall be construed to the end that the treatment of persons convicted of crime shall take into consideration their individual characteristics, circumstances, needs and potentialities as revealed by a case study, and that whenever it…

11 Del. C. § 4302. Definitions.

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§ 4302. Definitions. As used in this chapter: (1) “Board of Pardons” means that Board as established by the Constitution and laws. (2) “Commissioner” or “Commissioner of the Department” means Commissioner of the Department of Correction. (3) “Community service” means the performa…

11 Del. C. § 4321. Probation and parole officers.

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§ 4321. Probation and parole officers. (a) The Department and its probation and parole officers shall conduct such preparole investigations or perform such other duties under this chapter as may be ordered by the court, Parole Board or Department; provided, however, that all pres…

11 Del. C. § 4322. Protection of records.

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§ 4322. Protection of records. (a) (1) Except as provided under paragraph (a)(2) of this section, the presentence report, the preparole report, the supervision history, and all other case records obtained in the discharge of official duty by any member or employee of the Departme…

11 Del. C. § 4331. Presentence investigation; victim-impact statement.

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§ 4331. Presentence investigation; victim-impact statement. (a) Upon conviction of any person for any crime and before sentencing, the court may, before fixing punishment or imposing sentence, direct an Investigative Services officer to thoroughly investigate and report upon the …

11 Del. C. § 4332. Conditions of probation or suspension of sentence; house arrest.

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§ 4332. Conditions of probation or suspension of sentence; house arrest. (a) (1) The Department may adopt standards concerning the conditions of probation or suspension of sentence which the court may use in a given case. (2) The standard conditions apply in the absence of any ot…

11 Del. C. § 4332A. Imposition of community service.

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§ 4332A. Imposition of community service. (a) A court may impose a period of community service, as defined in this chapter, either as a condition of probation or as the sole sanction imposed at sentencing. (b) The specified number of hours of community service shall be fixed by t…

11 Del. C. § 4333. Period of probation or suspension of sentence; termination.

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§ 4333. Period of probation or suspension of sentence; termination. (a) The period of probation or suspension of sentence shall be fixed by the court subject to the provisions of this section. Any probation or suspension of sentence may be terminated by the court at any time and …

11 Del. C. § 4334. Arrest for violation of conditions; subsequent disposition [Effective until Feb. 1, 2027].

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§ 4334. Arrest for violation of conditions; subsequent disposition [Effective until Feb. 1, 2027]. (a) The court may issue a warrant for the arrest of a probationer for violation of any of the conditions of probation or suspension of sentence, or a notice to appear to answer to a…

11 Del. C. § 4335. Presentence investigations; Superior Court; Court of Common Pleas; Investigative Services Officers.

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§ 4335. Presentence investigations; Superior Court; Court of Common Pleas; Investigative Services Officers. (a) (1) Chief Investigative Services Officer. — The Superior Court and the Court of Common Pleas may appoint a suitable person in each of the counties of the State to condu…

11 Del. C. § 4336. Community notice of offenders on probation, parole, conditional release, or release from confinement.

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§ 4336. Community notice of offenders on probation, parole, conditional release, or release from confinement. (a) Notwithstanding any other provision of law to the contrary, the Department of Correction or the Department of Services to Children, Youth and Their Families (DSCYF) a…

11 Del. C. § 4341. Selection, appointment and removal of Board of Parole.

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§ 4341. Selection, appointment and removal of Board of Parole. (a) The Board of Parole shall consist of a Chairperson and 4 other members, all of whom shall be appointed by the Governor and confirmed by a majority of the members elected to the Senate. One member shall be from eac…

11 Del. C. § 4342. Adequate quarters; personnel; seal.

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§ 4342. Adequate quarters; personnel; seal. (a) The Board shall obtain and maintain suitable and adequate quarters and shall employ those persons necessary to carry out its functions. For administrative and budgetary purposes, the Board shall be placed within the Department of St…