Title 13, Title 13: Crimes and Criminal Procedure

§ 2172. Evidence If stocks or bonds are in any manner quoted in such places, or the word “corporation,” “association,” or “company,” or an abbreviation thereof, used therein and therewith, it shall be prima facie evidence that such stocks or bonds are the stocks or bonds of then …

§ 2173. Penalties A person or corporation, whether acting individually, or as a member, officer, agent, or employee of a corporation, who violates a provision of section 2171 of this title shall be fined not more than $1,000.00 nor less than $200.00. A person who is guilty of a s…

§ 2174. What constitutes offense; accessories The offense shall be complete against a person or corporation pretending or offering to sell or to buy, as provided in sections 2171 and 2172 of this title, whether the offer to sell or buy is accepted or not. A person or corporation …

§ 2175. Commission merchants to furnish statement of contract A person or corporation doing business as a commission merchant or broker shall furnish, on demand, to a customer or principal for whom such person or corporation has executed an order for the actual purchase or sale o…

§ 2176. Liability of landlords A person who knowingly permits any of the illegal acts mentioned in sections 2171-2175 of this title in a building, booth, or erection of which he or she has the care or possession shall be fined not more than $1,000.00 nor less than $500.00. A pena…

§ 2177. Restraint by injunction; costs When a prosecution is commenced for the violation of a provision of sections 2171, 2173, 2174, or 2176 of this title, the State’s Attorney may petition the presiding judge of the Superior Court to enjoin the carrying on of such unlawful busi…

§ 2301. Murder; degrees defined Murder committed by means of poison, or by lying in wait, or by willful, deliberate, and premeditated killing, or committed in perpetrating or attempting to perpetrate arson, sexual assault, aggravated sexual assault, kidnapping, robbery, or burgla…

§ 2302. Determination of degree The jury by whom a person is tried for murder, if it finds such person guilty thereof, shall state in its verdict whether it is murder in the first or in the second degree. If such person is convicted on confession in open court, the court, by exam…

§ 2303. Penalties for first and second degree murder (a)(1) The punishment for murder in the first degree shall be imprisonment for: (A) a minimum term of not less than 35 years and a maximum term of life; or (B) life without the possibility of parole. (2) The punishment for murd…

§ 2304. Manslaughter—Penalties A person who commits manslaughter shall be fined not more than $3,000.00 or imprisoned for not less than one year nor more than 15 years, or both. (Amended 1971, No. 199 (Adj. Sess.), § 15; 1981, No. 205 (Adj. Sess.), § 3.)

§ 2305. Justifiable homicide (a) If a person kills or wounds another under any of the circumstances enumerated below, the person shall be guiltless: (1) in the just and necessary defense of the person’s own life or the life of any other person; (2) if the person reasonably believ…

§ 2306. Poisoning food, drink, medicine, or water A person who mingles poison with food, drink, or medicine with intent to injure another person or who, with a like intent, willfully poisons a spring, well, or reservoir of water shall be imprisoned not more than 20 years. (Amende…

§ 2308. False testimony with intent to cause death A person who willfully and corruptly bears false testimony with intent to take away the life of a person and thereby causes the life of such person to be taken shall be guilty of murder in the first degree.

§ 2310. Conviction of lesser offense (a) Upon indictment or information for an offense under this chapter, a person may be convicted of a lesser included offense, as the case may be, upon the proofs. (b) The time limitation created by subsection 4501(b) of this title for the crim…

§ 2311. Aggravated murder defined (a) A person is guilty of aggravated murder if he or she commits a first or second degree murder, as defined in section 2301 of this title, and at the time of his or her actions, one or more of the following circumstances was in fact present: (1)…

§ 2404. Definitions As used in this chapter: (1) “Lawful custodian” means a parent, guardian, or other person responsible by authority of law for the care, custody, or control of another. (2) “Relative” means a parent, stepparent, ancestor, descendant, sibling, uncle, or aunt, in…

§ 2405. Kidnapping (a) A person commits the crime of kidnapping if the person: (1) knowingly restrains another person with the intent to: (A) hold the restrained person for ransom or reward; or (B) use the restrained person as a shield or hostage; or (C) inflict bodily injury upo…

§ 2406. Unlawful restraint in the second degree (a) A person commits the crime of unlawful restraint in the second degree if the person: (1) not being a relative of a person under the age of 18, knowingly takes, entices, or harbors that person, without the consent of the person’s…

§ 2407. Unlawful restraint in the first degree (a) A person commits the crime of unlawful restraint in the first degree if that person: (1) knowingly restrains another person under circumstances exposing that person to a risk of serious bodily injury; or (2) holds another person …

§ 2451. Custodial interference (a) A person commits custodial interference by taking, enticing, or keeping a child from the child’s lawful custodian, knowingly, without a legal right to do so, when the person is a relative of the child and the child is less than 18 years old. (b)…

§ 2501. Grand larceny A person who steals from the actual or constructive possession of another, other than from his or her person, money, goods, chattels, bank notes, bonds, promissory notes, bills of exchange or other bills, orders, or certificates, or a book of accounts for or…

§ 2502. Petit larceny For offenses mentioned in section 2501 of this title where the money or other property stolen does not exceed $900.00 in value, the court may sentence the person convicted to imprisonment for not more than one year or to pay a fine of not more than $1,000.00…

§ 2503. Larceny from the person A person who steals or attempts to steal from the person and custody of another, property, the subject of larceny, shall be imprisoned not more than 10 years or fined not more than $500.00, or both. (Amended 1971, No. 199 (Adj. Sess.), § 15.)

§ 2504. Taking parcel of realty A person who by a trespass with intent to steal, takes and carries away anything of value that is parcel of the realty, or annexed thereto, and the property of another against his or her will, shall be imprisoned not more than 10 years or fined not…

§ 2505. Unauthorized use of boats or aircraft A person who, without the consent of the owner, takes, uses, operates, or removes, or causes to be taken, used, operated, or removed from a wharf, pier, anchorage, airfield, hanger, boathouse, or other building or from any place or lo…

§ 2506. Disposition of property upon arrest for larceny or robbery The officer who arrests a person charged as principal or accessory in robbery or larceny shall secure, if to be found, the property alleged to be stolen, and shall be answerable for the same, and shall annex a sch…

§ 2507. Larceny conviction in burglary or robbery prosecution A person arraigned and tried for burglary or robbery may be convicted of larceny, if the jury finds that offense proved.

§ 2508. Conviction of attempted larceny If, upon trial of a person for the offense of stealing from the person and custody of another, the evidence is not, in the opinion of the jury, sufficient to prove that offense, it may, upon sufficient evidence, convict such person of an at…

§ 2509. Pleading and proof of money stolen (a) In a complaint, information or indictment for larceny, in which it is necessary to make an averment as to money, bank bills, or promissory notes, issued or purporting to be issued by an incorporated bank or banking institution or cur…

§ 2531. Embezzlement generally (a) An officer, agent, bailee for hire, clerk, or servant of a banking association or an incorporated company, or a clerk, agent, bailee for hire, officer, or servant of a private person, partnership, trades union, joint stock company, unincorporate…

§ 2532. Officer or servant of incorporated bank A cashier or other officer, agent, or servant of an incorporated bank who embezzles or fraudulently converts to his or her own use bullion, money, notes, bills, obligations, or securities or other effects or property belonging to an…

§ 2533. Receiver or trustee A receiver or trustee appointed by the court in any litigation in this State, who embezzles or fraudulently converts to his or her own use any money or other property in his or her hands as such receiver or trustee, shall be guilty of larceny and shall…

§ 2534. Executor or administrator An executor or administrator who embezzles or fraudulently converts to his or her own use, money, obligations, securities, or other effects or property belonging to the estate of which he or she is executor or administrator, shall be guilty of la…

§ 2535. Guardian A guardian who embezzles or fraudulently converts to his or her own use, money, obligations, securities, or other effects or property belonging to the person under guardianship or the estate of the person under guardianship, shall be guilty of larceny and shall b…

§ 2536. Carrier A carrier or other person to whom money, goods, or other property, the subject of larceny, is delivered to be carried for hire, or a person entrusted with such property, who embezzles or fraudulently converts to his or her own use, or secretes with intent to embez…

§ 2537. Person holding property in official capacity or belonging to the State or a municipality A State, county, town, or municipal officer or other person who in his or her official capacity receives, collects, controls, or holds money, obligations, securities, or other propert…

§ 2538. School funds A person entrusted with the charge of money, land, or other property belonging to a town or school district for the use of schools, who embezzles, misapplies, or conceals the same or any part thereof shall be liable to be removed from his or her trust and sha…

§ 2539. Pleading and proof of money embezzled and time of offense (a) In prosecutions for embezzling, fraudulently converting to one’s own use, or taking and secreting with intent so to embezzle or fraudulently convert, the bullion, money, notes, bank notes, checks, drafts, bills…

§ 2561. Penalty for receiving stolen property; venue (a) A person who is a dealer in property who buys, receives, sells, possesses unless with the intent to restore to the owner, or aids in the concealment of property, knowing or believing the property to be stolen, shall be puni…

§ 2562. Joinder of counts for larceny and receiving stolen property In a complaint, information, or indictment for larceny against one or more persons, counts may be added for buying, receiving, selling, possessing unless with the intent to restore to the owner, or aiding in the …

§ 2563. Conviction of one or more joint respondents On trial of two or more persons upon complaint, information, or indictment, for jointly buying, receiving, selling, possessing unless with the intent to restore to the owner, or aiding in the concealment of stolen property, know…

§ 2564. Conviction of person who stole property not required In a prosecution for buying, receiving, selling, possessing unless with the intent to restore to the owner, or aiding in the concealment of money or other property known to have been stolen, it shall not be necessary to…

§ 2573. Definitions As used in this chapter: (1) “Retail value” means the merchant’s indicated price of the merchandise at the time of the theft. (2) “Merchandise” means any items of tangible personal property displayed, held, stored, or offered for sale. (3) “Merchant” means an …

§ 2574. Right of merchant to request merchandise to be kept in view A merchant has the right to request in a reasonable manner any person at his or her retail mercantile establishment to place and keep in full view any merchandise that the person has removed from its place of dis…

§ 2575. Offense of retail theft A person commits the offense of retail theft when the person, with intent of depriving a merchant wrongfully of the lawful possession of merchandise, money, or credit: (1) takes and carries away or causes to be taken and carried away or aids and ab…

§ 2576. Detention (a) Any merchant who has reasonable cause to believe that a person has committed or attempted to commit retail theft may detain the person on or in the immediate vicinity of the premises of a retail mercantile establishment, affording the person the opportunity …