§ 601. Offensive touching; unclassified misdemeanor; class A misdemeanor.
(a) A person is guilty of offensive touching when the person:
(1) Intentionally touches another person either with a member of his or her body or with any instrument, knowing that the
person is thereby likely to cause offense or alarm to such other person; or
(2) Intentionally strikes another person with saliva, urine, feces or any other bodily fluid, knowing that the person is thereby
likely to cause offense or alarm to such other person.
(b) When charged with a violation of paragraph (a)(2) of this section, the defendant shall be tested for diseases transmittable
through bodily fluids, the cost of such tests to be assessed as costs upon conviction. The results of such tests shall be
provided only to the Attorney General, the victim of the offense, the defendant and the Department of Correction's medical
care provider.
(c) Any violation of paragraph (a)(1) of this section shall be an unclassified misdemeanor. Notwithstanding the above, any
violation of paragraph (a)(1) of this section shall be a class A misdemeanor when the victim is acting in the lawful performance
of the victim's duty as one of the following: law-enforcement officer, hospital or nursing home employee, physician, medical
professional, ambulance attendant, emergency medical technician, Delaware State Fire Police Officer, correctional officer,
volunteer firefighter or full-time firefighter. Any violation of paragraph (a)(2) of this section shall be a class A misdemeanor.
11 Del. C. 1953, § 601; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 382, § 1; 73 Del. Laws, c. 108, §§ 1, 2.;
§ 602. Menacing; unclassified misdemeanor.
(a) A person is guilty of menacing when by some movement of body or any instrument the person intentionally places another
person in fear of imminent physical injury.
Menacing is an unclassified misdemeanor.
(b) A person is guilty of aggravated menacing when by displaying what appears to be a deadly weapon that person intentionally
places another person in fear of imminent physical injury. Aggravated menacing is a class E felony.
11 Del. C. 1953, § 602; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 159, §§ 1, 2; 70 Del. Laws, c. 186, § 1.;
§ 603. Reckless endangering in the second degree; class A misdemeanor.
(a) A person is guilty of reckless endangering in the second degree when:
(1) The person recklessly engages in conduct which creates a substantial risk of physical injury to another person; or
(2) Being a parent, guardian or other person legally charged with the care or custody of a child less than 18 years old, the
person knowingly, intentionally or with criminal negligence acts in a manner which contributes to or fails to act to prevent
the unlawful possession and/or purchase of a firearm by a juvenile. It shall be an absolute defense to this paragraph if the
person charged had a lock on the trigger and did not tell or show the juvenile where the key to the trigger lock was kept.
It shall also be an absolute defense to this paragraph if the person had locked the firearm in a key or combination locked
container and did not tell or show the juvenile where the key was kept or what the combination was.
(b) Reckless endangering in the second degree is a class A misdemeanor.
11 Del. C. 1953, § 603; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 359, § 1.;
§ 604. Reckless endangering in the first degree; class E felony.
A person is guilty of reckless endangering in the first degree when the person recklessly engages in conduct which creates
a substantial risk of death to another person.
Reckless endangering in the first degree is a class E felony.
11 Del. C. 1953, § 604; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 69 Del. Laws, c. 24, § 2; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 34, § 9.;
§ 605. Abuse of a pregnant female in the second degree; class C felony.
(a) A person is guilty of abuse of a pregnant female in the second degree when in the course of or in furtherance of the commission
or attempted commission of assault third degree or any violent felony against or upon a pregnant female, or while in immediate
flight therefrom, the person recklessly and without her consent causes the unlawful termination of her pregnancy.
(b) It is no defense to a prosecution under this section that the person was unaware that the victim was pregnant.
(c) Prosecution under this section does not preclude prosecution under any other section of the Delaware Code. Abuse of a
pregnant female in the second degree is a class C felony.
72 Del. Laws, c. 43, § 3; 70 Del. Laws, c. 186, § 1.;
§ 606. Abuse of a pregnant female in the first degree; class B felony.
(a) A person is guilty of abuse of a pregnant female in the first degree when in the course of or in furtherance of the commission
or attempted commission of assault third degree any violent felony against or upon a pregnant female, or while in immediate
flight therefrom, the person intentionally and without her consent causes the unlawful termination of her pregnancy.
(b) It is no defense to a prosecution under this section that the person was unaware that the victim was pregnant.
(c) Prosecution under this section does not preclude prosecution under any other section of the Delaware Code. Abuse of a
pregnant female in the first degree is a class B felony.
72 Del. Laws, c. 43, § 4; 70 Del. Laws, c. 186, § 1.;
(a)(1) A person commits the offense of strangulation if the person knowingly or intentionally impedes the breathing or circulation
of the blood of another person by applying pressure on the throat or neck of the other person.
(2) Except as provided in paragraph (a)(3) of this section, strangulation is a class E felony.
(3) Strangulation is a class D felony if:
a. The person used or attempted to use a dangerous instrument or a deadly weapon while committing the offense; or
b. The person caused serious physical injury to the other person while committing the offense; or
c. The person has been previously convicted of strangulation.
(b) It is an affirmative defense that an act constituting strangulation was the result of a legitimate medical procedure.
77 Del. Laws, c. 256, § 1.;
§§ 608-610. [Reserved.]
§ 611. Assault in the third degree; class A misdemeanor.
A person is guilty of assault in the third degree when:
(1) The person intentionally or recklessly causes physical injury to another person; or
(2) With criminal negligence the person causes physical injury to another person by means of a deadly weapon or a dangerous
instrument.
Assault in the third degree is a class A misdemeanor.
11 Del. C. 1953, § 611; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 612. Assault in the second degree; class D felony.
(a) A person is guilty of assault in the second degree when:
(1) The person recklessly or intentionally causes serious physical injury to another person; or
(2) The person recklessly or intentionally causes physical injury to another person by means of a deadly weapon or a dangerous
instrument; or
(3) The person intentionally causes physical injury to a law-enforcement officer, a volunteer firefighter, a full-time firefighter,
emergency medical technician, paramedic, fire police officer, fire marshal, correctional officer, a sheriff, a deputy sheriff,
a code enforcement constable or a code enforcement officer who is acting in the lawful performance of duty. For purposes of
this subsection, if a law-enforcement officer is off duty and the nature of the assault is related to that law-enforcement
officer's official position, then it shall fall within the meaning of "official duties" of a law-enforcement officer; or
(4) The person intentionally causes physical injury to the operator of an ambulance, a rescue squad member, licensed practical
nurse, registered nurse, paramedic, licensed medical doctor or any other person while such person is rendering emergency care;
or
(5) The person recklessly or intentionally causes physical injury to another person who is 62 years of age or older; or
(6) The person intentionally assaults a law-enforcement officer while in the performance of the officer's duties, with any
disabling chemical spray, or with any aerosol or hand sprayed liquid or gas with the intent to incapacitate such officer and
prevent the officer from performing such duties; or
(7) The person intentionally, while engaged in commission of any crime enumerated in this chapter, assaults any other person
with any disabling chemical spray, or with any aerosol or hand sprayed liquid or gas with the intent to incapacitate the victim;
or
(8) The person intentionally causes physical injury to any state employee or officer when that employee or officer is discharging
or attempting to discharge a duty of employment or office; or
(9) The person recklessly or intentionally causes physical injury to a pregnant female. It is no defense to a prosecution
under this subsection that the person was unaware that the victim was pregnant; or
(10) A person who is 18 years of age or older and who recklessly or intentionally causes physical injury to another person
who has not yet reached the age of 6 years. In any prosecution of a parent, guardian, foster parent, legal custodian or other
person similarly responsible for the general care and supervision of a child victim pursuant to this paragraph, the State
shall be required to prove beyond a reasonable doubt the absence of any justification offered by § 468(1) of this title. In
any prosecution of a teacher or school administrator pursuant to this paragraph, the State shall be required to prove beyond
a reasonable doubt the absence of any justification offered by § 468(2) of this title; or
(11) The person recklessly or intentionally causes physical injury to a law enforcement officer, security officer, fire policeman,
fire fighter, paramedic, or emergency medical technician in the lawful performance of their duties by means of an electronic
control device shall be a class C felony.
(b) It is no defense, for an offense under paragraph (a)(5) of this section, that the accused did not know the person's age
or that the accused reasonably believed the person to be under the age of 62.
(c) It is no defense, for an offense under paragraph (a)(10) of this section, that the accused did not know the person's age
or that the accused reasonably believed the person to be 6 years of age or older.
(d) Assault in the second degree is a class D felony.
11 Del. C. 1953, § 612; 58 Del. Laws, c. 497, § 1; 63 Del. Laws, c. 50, § 1; 63 Del. Laws, c. 237, § 1; 67 Del. Laws, c. 130, § 8; 68 Del. Laws, c. 129, §§ 1, 3; 69 Del. Laws, c. 24, §§ 3, 4; 69 Del. Laws, c. 189, § 1; 69 Del. Laws, c. 367, § 1; 70 Del. Laws, c. 128, §§ 1-5; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 307, § 1; 71 Del. Laws, c. 374, §§ 4, 5; 72 Del. Laws, c. 34, § 10; 72 Del. Laws, c. 43, § 5; 72 Del. Laws, c. 173, §§ 1, 2; 73 Del. Laws, c. 126, §§ 3, 16; 74 Del. Laws, c. 199; 76 Del. Laws, c. 270, § 3; 77 Del. Laws, c. 119, § 1; 77 Del. Laws, c. 265, § 1.;
§ 613. Assault in the first degree; class B felony.
(a) A person is guilty of assault in the first degree when:
(1) The person intentionally causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument;
or
(2) The person intentionally disfigures another person seriously and permanently, or intentionally destroys, amputates or
disables permanently a member or organ of another person's body; or
(3) The person recklessly engages in conduct which creates a substantial risk of death to another person, and thereby causes
serious physical injury to another person; or
(4) While engaged in the commission of, or attempt to commit, or flight after committing or attempting to commit any felony,
the person intentionally or recklessly causes serious physical injury to another person; or
(5) The person intentionally causes serious physical injury to a law-enforcement officer, a volunteer firefighter, a full-time
firefighter, emergency medical technician, paramedic, fire police officer, fire marshal, a code enforcement constable or a
code enforcement officer who is acting in the lawful performance of duty; or
(6) The person intentionally causes serious physical injury to the operator of an ambulance, a rescue squad member, licensed
practical nurse, registered nurse, paramedic, licensed medical doctor or any other person while such person is rendering emergency
care; or
(7) The person intentionally causes serious physical injury to another person who is 62 years of age or older.
(b) It is no defense, for an offense under paragraph (a)(7) of this section, that the accused did not know the person's age
or that the accused reasonably believed the person to be under the age of 62.
(c) Assault in the first degree is a class B felony.
11 Del. C. 1953, § 613; 58 Del. Laws, c. 497, § 1; 63 Del. Laws, c. 50, § 2; 63 Del. Laws, c. 237, § 2; 67 Del. Laws, c. 130, § 8; 68 Del. Laws, c. 129, §§ 2, 3; 69 Del. Laws, c. 24, §§ 5, 6; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 34, § 11; 73 Del. Laws, c. 126, §§ 4, 16; 74 Del. Laws, c. 106, § 1; 75 Del. Laws, c. 168, § 1; 77 Del. Laws, c. 119, § 2; 77 Del. Laws, c. 265, § 2.;
§ 614. Abuse of a sports official; class G felony; class A misdemeanor.
(a) A person is guilty of abuse of a sports official whenever the person intentionally or recklessly commits the following
acts against a sports official who is acting in the lawful performance of duty:
(1) Reckless endangering in the second degree, as set forth in § 603 of this title; or
(2) Assault in the third degree, as set forth in § 611 of this title; or
(3) Terroristic threatening, as set forth in § 621 of this title; or
(4) Criminal mischief, as set forth in § 811 of this title.
(b) For purposes of this section, the words "sports official" shall mean any person who serves as a registered, paid or volunteer
referee, umpire, line judge or acts in any similar capacity during a sporting event. For purposes of this section, the words,
"lawful performance of duty" means the time immediately prior to, during and/or immediately after the sporting event.
(c) Whoever violates subsection (a) of this section shall be guilty of a class A misdemeanor. Upon conviction for a second
or subsequent offense under this section, such person shall be guilty of a class G felony. Notwithstanding Chapter 42 of this
title, such person shall be fined not less than $1,000 nor more than $2,350. In addition to the fines imposed by this subsection,
any person who is guilty of abuse of a sports official shall be prohibited from participating in and/or attending any organized
sporting event for a period of not less than 3 months nor more than 12 months.
(d) Except as provided in § 922 of Title 10, and notwithstanding any other provision of law to the contrary, the Court of
Common Pleas shall have original jurisdiction to hear, try and finally determine any violation of this section, and any other
misdemeanor violation of any offense set forth in this title which was allegedly committed during the same incident. Prosecution
under this section shall not preclude a separate charge, conviction and sentence for any other crime set forth in the Code.
67 Del. Laws, c. 247, § 1; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 342, § 1.;
§ 615. Assault by abuse or neglect; class B felony.
(a) A person is guilty of assault by abuse or neglect when the person recklessly causes serious physical injury to a child:
(1) Through an act of abuse and/or neglect of such child; or
(2) When the person has engaged in a previous pattern of abuse and/or neglect of such child.
(b) For the purposes of this section:
(1) "Child" shall refer to any person who has not yet reached that person's 14/ft/fh birthday.
(2) "Abuse" and "neglect" shall have the same meaning as set forth in § 1103 of this title.
(3) "Previous pattern" of abuse and/or neglect shall mean 2 or more incidents of conduct:
a. That constitute an act of abuse and/or neglect; and
b. Are not so closely related to each other or connected in point of time and place that they constitute a single event.
(c) A conviction is not required for an act of abuse or neglect to be used in prosecution of a matter under this section,
including an act used as proof of a previous pattern as defined in this paragraph. A conviction for any act of abuse or neglect,
including one which may be relied upon to establish a previous pattern of abuse and/or neglect, does not preclude prosecution
under this section. Prosecution under this section does not preclude prosecution under any other section of the Code.
(d) Assault by abuse or neglect is a class B felony.
72 Del. Laws, c. 197, § 1.;
§ 616. Gang participation.
(a) Definitions. -- The following terms shall have the following meaning as used in this section.
(1) "Criminal street gang" means any ongoing organization, association, or group of 3 or more persons, whether formal or informal,
having as 1 of its primary activities the commission of one or more of the criminal acts enumerated in paragraph (a)(2) of
this section, having a common name or common identifying sign or symbol, and whose members individually or collectively engage
in or have engaged in a pattern of criminal gang activity.
(2) "Pattern of criminal gang activity" means the commission of attempted commission of, conspiracy to commit, solicitation
of, or conviction of 2 or more of the following criminal offenses, provided that at least 1 of these offenses occurred after
July 1, 2003, and that the last of those offenses occurred within 3 years after a prior offense, and provided that the offenses
were committed on separate occasions, or by 2 or more persons:
a. Assault, as defined in § 612 or § 613 of this title.
b. Any criminal acts causing death as defined in §§ 632--636 of this title.
c. Any criminal acts relating to sexual offenses defined in §§ 768--780 of this title.
d. Any criminal offenses relating to unlawful imprisonment or kidnapping which are defined in §§ 782--783A of this title.
e. Any criminal acts of arson as defined in §§ 801--803 of this title.
f. Any criminal acts relating to burglary which are defined in §§ 824--826 of this Title.
g. Any criminal acts relating to robbery which are defined in §§ 831 and 832 of this title.
h. Any criminal acts relating to theft or extortion which are defined in § 841, § 849 or § 851 of this title, provided that
such acts meet the requirements of felony offenses under said sections.
i. Any criminal acts relating to riot, unlawful disruption, hate crimes, stalking or bombs which are defined in § 1302, former
§ 1303 [repealed], § 1304, § 1312A or § 1338 of this title, provided that such acts meet the requirements of felony offenses
under said sections.
j. Any criminal acts involving deadly weapons or dangerous instruments which are defined in § 1442, § 1444, §§ 1447--1448,
§ 1449, § 1450, § 1451, § 1454 or § 1455 of this title.
k. Any criminal acts involving controlled substances which are defined by §§ 4751, 4752, 4753A, 4755, 4756, 4761, 4761A of
Title 16.
(b) Forbidden conduct. -- A person who actively participates in any criminal street gang with knowledge that its members engage
in or have engaged in a pattern of criminal gang activity and who knowingly promotes, furthers or assists in any criminal
conduct by members of that gang which would constitute a felony under Delaware law, shall be guilty of illegal gang participation.
Illegal gang participation is a class F felony.
(c) Sentencing enhancements. --
(1) Any person who is convicted of a class E felony committed for the benefit of, at the direction of, or in association with
any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members,
shall, upon conviction of that felony, be sentenced consistent with the sentence dictated by Delaware law for a class D felony
under § 4205(b)(4) of this title.
(2) Any person who is convicted of a class D felony committed for the benefit of, at the direction of, or in association with
any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members,
shall, upon conviction of that felony, be sentenced consistent with the sentence dictated by Delaware law for a class C felony
under § 4205(b)(3) of this title.
(3) Any person who is convicted of a class C felony committed for the benefit of, at the direction of, or in association with
any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members,
shall, upon conviction of that felony, be sentenced consistent with the sentence dictated by Delaware law for a class B felony
under § 4205(b)(2) of this title.
74 Del. Laws, c. 115, § 1.;
§ 617. Criminal youth gangs.
(a) Definitions. -- The following words, terms and phrases, when used in this chapter, shall have their meaning ascribed to
them except where the context clearly indicates a different meaning.
(1) "Criminal youth gang" shall mean a group of 3 or more persons with a gang name or other identifier which either promotes,
sponsors, assists in, participates in or requires as a condition of membership submission to group initiation that results
in any felony or any class A misdemeanor set forth in this title or Title 16.
(2) "Identifier" shall mean common identifying signs, symbols, tattoos, markings, graffiti, or attire or other distinguishing
characteristics or indicia of gang membership.
(3) "Student" shall mean any person enrolled in a school grades preschool through 12.
(b) Recruitment or retention of juveniles or students for a criminal street gang or criminal youth gang; penalties. --
(1) Any person who solicits, invites, recruits, encourages or otherwise causes or attempts to cause a juvenile or student
to participate in or be come a member of a criminal street gang as defined in § 616(a) of this title or criminal youth gang
is guilty of a class G felony.
(2) Any person who,
a. In order to encourage a juvenile or student to:
1. Join a criminal youth gang or criminal street gang,
2. Remain as a participant in or a member of a criminal youth gang or criminal street gang, or
3. Submit to a demand by a criminal youth gang or criminal street gang to commit a crime; or
b. In order to prevent a juvenile or student from withdrawing or attempting to withdraw from a criminal youth gang or criminal
street gang threatens to commit any crime likely to result in death or in physical injury to the juvenile, the juvenile's
property, a member of that juvenile's family or household, or their property; or commits a crime which results in physical
injury or death to the juvenile, the juvenile's property, a member of that juvenile's family or household, or their property
shall be guilty of a class F felony and shall constitute a separate and distinct offense. If the acts or activities violating
this section also violate another provision of law, a prosecution under this section shall not prohibit or bar any prosecution
or proceeding under such other provision or the imposition of any penalties provided for thereby.
75 Del. Laws, c. 421, § 1; 70 Del. Laws, c. 186, § 1.;
§§ 618-620. [Reserved.]
§ 621. Terroristic threatening.
(a) A person is guilty of terroristic threatening when that person commits any of the following:
(1) The person threatens to commit any crime likely to result in death or in serious injury to person or property;
(2) The person makes a false statement or statements:
a. Knowing that the statement or statements are likely to cause evacuation of a building, place of assembly, or facility of
public transportation;
b. Knowing that the statement or statements are likely to cause serious inconvenience; or
c. In reckless disregard of the risk of causing terror or serious inconvenience; or
(3) The person commits an act with intent of causing an individual to believe that the individual has been exposed to a substance
that will cause the individual death or serious injury.
(b) Any violation of paragraph (a)(1) of this section shall be a class A misdemeanor except where the victim is a person 62
years of age or older, in which case any violation of paragraph (a)(1) of this section shall be a class G felony. Any violation
of paragraph (a)(2) of this section shall be a class G felony unless the place at which the risk of evacuation, serious inconvenience
or terror is created is a place that has the purpose, in whole or in part, of acting as a daycare facility, nursery or preschool,
kindergarten, elementary, secondary or vocational-technical school, or any long-term care facility in which elderly persons
are housed, in which case it shall be a class F felony. Any violation of paragraph (a)(3) of this section shall be a class
F felony. Notwithstanding any provision of this subsection to the contrary, a first offense of paragraph (a)(2) of this section
by a person 17 years old or younger shall be a class A misdemeanor.
(c) In addition to the penalties otherwise authorized by law, any person convicted of an offense in violation of paragraph
(a)(2) of this section shall:
(1) Pay a fine of not less than $1,000 nor more than $2,500, which fine cannot be suspended; and
(2) Be sentenced to perform a minimum of 100 hours of community service.
(d) In addition to the penalties otherwise authorized by law, any person convicted of an offense in violation of paragraph
(a)(3) of this section shall pay a fine of not less than $2,000, which fine cannot be suspended.
11 Del. C. 1953, § 621; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 330, § 1; 73 Del. Laws, c. 126, §§ 5, 6; 73 Del. Laws, c. 255, § 1.;
§ 622. Hoax device; class F felony.
(a) Whoever possesses, transports, uses or places or causes another to knowingly or unknowingly possess, transport, use or
place any hoax device with the intent to cause anxiety, unrest, fear or personal discomfort to any person or group of persons
shall be guilty of a class F felony.
(b) For the purposes of this section the following definitions shall apply:
(1) "Destructive device" means any explosive, incendiary, or chemical material or over-pressure device which will rapidly
expand in a manner to project material outward at such a rate to cause injury to persons or damage to property.
(2) "Explosive" means any chemical compound, or other substance or containing oxidizing and combustible units or other ingredients
in such proportions or quantities that ignition, fire, friction, concussion, percussion, or detonator may produce an explosion
capable of causing injury to persons or damage to property.
(3) "Hoax device" shall mean any object or item that would cause a person to reasonably believe that such object or item is
or contains a destructive device, Molotov cocktail, incendiary device, or over-pressure device which could cause injury or
death.
(4) "Incendiary device" means any item designed to ignite by hand, chemical reaction, timer or by spontaneous combustion and
is not designed for lawful purposes or use whatsoever, or any lawful use or purpose has been terminated.
(5) "Molotov cocktail" means a makeshift incendiary bomb made of a breakable container filled with flammable liquid and provided
with a wick composed of any substance capable of bringing flame into contact with a wick composed of any substance capable
of bringing flame into contact with a liquid.
(6) "Over-pressure device" means a frangible container filled with an explosive gas, chemical or combination of materials,
which is designed or constructed so as to cause the container to break or fracture in a manner which is capable of causing
death, bodily harm, or property damage.
74 Del. Laws, c. 420, § 1.;
§§ 623, 624. [Reserved.]
§ 625. Unlawfully administering drugs; class A misdemeanor.
A person is guilty of unlawfully administering drugs when, for a purpose other than lawful medical or therapeutic treatment,
the person intentionally causes stupor, unconsciousness or other alteration of the physical or mental condition of another
person by administering to the other person, without consent, a drug.
Unlawfully administering drugs is a class A misdemeanor.
11 Del. C. 1953, § 625; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 626. Unlawfully administering controlled substance or counterfeit substance or narcotic drugs; class G felony.
A person is guilty of unlawfully administering a controlled substance or counterfeit substance or narcotic drugs when, for
a purpose other than lawful medical or therapeutic treatment, the person intentionally introduces or causes introduction into
the body of another person, without consent, a controlled substance or counterfeit substance or narcotic drug.
Unlawfully administering controlled substance or counterfeit substance or narcotic drugs is a class G felony.
11 Del. C. 1953, § 626; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 627. Prohibited acts as to substances releasing vapors or fumes; unclassified misdemeanor.
No person shall:
(1) Intentionally smell or inhale the vapors or fumes from any substance having the property of releasing vapors or fumes
for the purpose of producing a condition of intoxication, inebriation, exhilaration, stupefaction or lethargy or for the purpose
of dulling the brain or nervous system; provided, that nothing in this section shall prohibit the inhalation of the vapors
or fumes of any anesthesia for medical or dental purposes;
(2) Sell or offer to sell to any person any material, product or article of commerce containing any substance having a property
of releasing vapors or fumes, if the person has knowledge or is in the possession of such facts that the person should have
knowledge that the material, product or article of commerce sold or offered will be used for the purpose of committing any
of the acts proscribed in paragraph (1) of this section;
(3) Purchase or offer to purchase for the person or any other person any material, product or article of commerce containing
any substance having the property of releasing vapors and fumes if such purchase or offer to purchase is made for the purpose
of committing any of the acts proscribed in paragraph (1) of this section.
Any violation of this section shall be an unclassified misdemeanor.
11 Del. C. 1953, § 627; 58 Del. Laws, c. 497, § 1; 65 Del. Laws, c. 286, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 628. Vehicular assault in the second degree; class B misdemeanor.
A person is guilty of vehicular assault in the second degree when:
(1) While in the course of driving or operating a motor vehicle, the person's criminally negligent driving or operation of
said vehicle causes serious physical injury to another person; or
(2) While in the course of driving or operating a motor vehicle and under the influence of alcohol or drugs or with a prohibited
alcohol or drug content, as defined by § 4177 of Title 21, the person's negligent driving or operation of said vehicle causes
physical injury to another person.
Vehicular assault in the second degree is a class B misdemeanor.
63 Del. Laws, c. 88, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 333, § 5; 75 Del. Laws, c. 315, § 7.;
§ 629. Vehicular assault in the first degree; class F felony.
A person is guilty of vehicular assault in the first degree when while in the course of driving or operating a motor vehicle
and under the influence of alcohol or drugs or with a prohibited alcohol or drug content, as defined by § 4177 of Title 21,
the person's negligent driving or operation of said vehicle causes serious physical injury to another person.
Vehicular assault in the first degree is a class F felony.
63 Del. Laws, c. 88, § 2; 67 Del. Laws, c. 130, § 8; 68 Del. Laws, c. 361, §§ 1, 2; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 333, § 5; 75 Del. Laws, c. 315, § 7.;
§ 630. Vehicular homicide in the second degree; class F felony; minimum sentence; juvenile offenders.
(a) A person is guilty of vehicular homicide in the second degree when:
(1) While in the course of driving or operating a motor vehicle, the person's criminally negligent driving or operation of
said vehicle causes the death of another person; or
(2) While in the course of driving or operating a motor vehicle, under the influence of alcohol or drugs or with a prohibited
alcohol or drug content, as defined by § 4177 of Title 21, the person's negligent driving or operation of said vehicle causes
the death of another person.
Vehicular homicide in the second degree is a class F felony.
(b) The minimum sentence required by paragraph (a)(2) of this section shall be 1 year, notwithstanding § 4205(b)(6) of this
title. The minimum sentence shall not be subject to suspension, and no person convicted under this section shall be eligible
for probation, parole, furlough, work release or supervised custody during the first year of such sentence.
(c) Every person charged under this section after having reached their 16th birthday, shall be treated for purposes of trial
or other disposition of the charge, including but not limited to sentencing, as an adult, notwithstanding any contrary provisions
of statutes governing the Family Court, or any other state law, except that the mandatory minimum sentencing provisions of
subsection (b) of this section and § 630A(b) of this title shall not apply to juveniles. Any such case involving a juvenile
shall be subject to the transfer provisions of § 1011 of Title 10. Any period of incarceration imposed upon a juvenile by
operation of this section shall be served in a juvenile correctional facility until the person attains their 18th birthday,
at which time the person shall be transferred to the appropriate adult correctional institution or jail to serve any remaining
portion of the sentence.
63 Del. Laws, c. 88, § 3; 65 Del. Laws, c. 357, § 1; 67 Del. Laws, c. 130, § 8; 67 Del. Laws, c. 246, § 1; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 333, § 5; 75 Del. Laws, c. 315, § 7.;
§ 630A. Vehicular homicide in the first degree; class E felony; minimum sentence; juvenile offenders.
(a) A person is guilty of vehicular homicide in the first degree when while in the course of driving or operating a motor
vehicle under the influence of alcohol or drugs or with a prohibited alcohol or drug content, as defined by § 4177 of Title
21, the person's criminally negligent driving or operation of said vehicle causes the death of another person.
Vehicular homicide in the first degree is a class E felony.
(b) The minimum sentence required by this section shall be 2 years, notwithstanding § 4205(b)(5) of this title. The minimum
sentence shall not be subject to suspension, and no person convicted under this section shall be eligible for probation, parole,
furlough, work release or supervised custody during the first 18 months of such sentence.
(c) Every person charged under this section after having reached their 16th birthday, shall be treated for purposes of trial
or other disposition of the charge, including but not limited to sentencing, as an adult, notwithstanding any contrary provisions
of statutes governing the Family Court, or any other state law, except that the mandatory minimum sentencing provisions of
subsection (b) of this section and § 630(b) of this title shall not apply to juveniles. Any such case involving a juvenile
shall be subject to the transfer provisions of § 1011 of Title 10. Any period of incarceration imposed upon a juvenile by
operation of this section shall be served in a juvenile correctional facility until the person attains their 18th birthday,
at which time the person shall be transferred to the appropriate adult correctional institution or jail to serve any remaining
portion of the sentence.
63 Del. Laws, c. 88, § 4; 65 Del. Laws, c. 357, § 2; 67 Del. Laws, c. 130, § 8; 67 Del. Laws, c. 246, § 1; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 333, § 5; 75 Del. Laws, c. 315, § 7.;
§ 631. Criminally negligent homicide; class E felony.
A person is guilty of criminally negligent homicide when, with criminal negligence, the person causes the death of another
person.
Criminally negligent homicide is a class E felony.
11 Del. C. 1953, § 631; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 632. Manslaughter; class B felony.
A person is guilty of manslaughter when:
(1) The person recklessly causes the death of another person; or
(2) With intent to cause serious physical injury to another person the person causes the death of such person, employing means
which would to a reasonable person in the defendant's situation, knowing the facts known to the defendant, seem likely to
cause death; or
(3) The person intentionally causes the death of another person under circumstances which do not constitute murder because
the person acts under the influence of extreme emotional disturbance; or
(4) The person commits upon a female an abortion which causes her death, unless such abortion is a therapeutic abortion and
the death is not the result of reckless conduct; or
(5) The person intentionally causes another person to commit suicide.
Manslaughter is a class B felony.
11 Del. C. 1953, § 632; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 106, § 2.;
§ 633. Murder by abuse or neglect in the second degree; class B felony.
(a) A person is guilty of murder by abuse or neglect in the second degree when, with criminal negligence, the person causes
the death of a child:
(1) Through an act of abuse and/or neglect of such child; or
(2) When the person has engaged in a previous pattern of abuse and/or neglect of such child.
(b) For the purpose of this section:
(1) "Abuse" and "neglect" shall have the same meaning as set forth in § 1103 of this title.
(2) "Child" shall refer to any person who has not yet reached that person's 14th birthday.
(3) "Previous pattern" of abuse and/or neglect shall mean 2 or more incidents of conduct:
a. That constitute an act of abuse and/or neglect; and
b. Are not so closely related to each other or connected in point of time and place that they constitute a single event.
(c) A conviction is not required for an act of abuse or neglect to be used in prosecution of a matter under this section,
including an act used as proof of a previous pattern as defined in paragraph (b)(3) of this section. A conviction for any
act of abuse or neglect, including one which may be relied upon to establish a previous pattern of abuse and/or neglect does
not preclude prosecution under this section. Prosecution under this section does not preclude prosecution under any other
section of the Code.
(d) Murder by abuse or neglect in the second degree is a class B felony. Notwithstanding any provision of this title to the
contrary, the minimum sentence for a person convicted of murder by abuse or neglect in the second degree in violation of this
section shall be 10 years at Level V.
70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 266, § 1; 70 Del. Laws, c. 382, § 1; 72 Del. Laws, c. 197, §§ 2-4.;
§ 634. Murder by abuse or neglect in the first degree; class A felony.
(a) A person is guilty of murder by abuse or neglect in the first degree when the person recklessly causes the death of a
child:
(1) Through an act of abuse and/or neglect of such child; or
(2) When the person has engaged in a previous pattern of abuse and/or neglect of such child.
(b) For the purpose of this section:
(1) "Abuse" and "neglect" shall have the same meaning as set forth in § 1103 of this title.
(2) "Child" shall refer to any person who has not yet reached that person's 14th birthday.
(3) "Previous pattern" of abuse and/or neglect shall mean 2 or more incidents of conduct:
a. That constitute an act of abuse and/or neglect; and
b. Are not so closely related to each other or connected in point of time and place that they constitute a single event.
(c) A conviction is not required for an act of abuse or neglect to be used in prosecution of a matter under this section including
an act used as proof of the previous pattern as defined in paragraph (b)(3) of this section. A conviction for any act of abuse
or neglect including one which may be relied upon to establish the previous pattern of abuse and/or neglect does not preclude
prosecution under this section. Prosecution under this section does not preclude prosecution under any other section of the
Code.
(d) Murder by abuse or neglect in the first degree is a class A felony.
70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 266, § 2; 72 Del. Laws, c. 197, §§ 5, 6.;
§ 635. Murder in the second degree; class A felony.
A person is guilty of murder in the second degree when:
(1) The person recklessly causes the death of another person under circumstances which manifest a cruel, wicked and depraved
indifference to human life; or
(2) While engaged in the commission of, or attempt to commit, or flight after committing or attempting to commit any felony,
the person, with criminal negligence, causes the death of another person.
Murder in the second degree is a class A felony.
11 Del. C. 1953, § 635; 58 Del. Laws, c. 497, § 1; 59 Del. Laws, c. 203, § 35; 67 Del. Laws, c. 130, § 8; 67 Del. Laws, c. 350, § 29; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 106, § 3; 74 Del. Laws, c. 246, § 1.;
§ 636. Murder in the first degree; class A felony.
(a) A person is guilty of murder in the first degree when:
(1) The person intentionally causes the death of another person;
(2) While engaged in the commission of, or attempt to commit, or flight after committing or attempting to commit any felony,
the person recklessly causes the death of another person.
(3) The person intentionally causes another person to commit suicide by force or duress;
(4) The person recklessly causes the death of a law-enforcement officer, corrections employee, fire fighter, paramedic, emergency
medical technician, fire marshal or fire police officer while such officer is in the lawful performance of duties;
(5) The person causes the death of another person by the use of or detonation of any bomb or similar destructive device;
(6) The person causes the death of another person in order to avoid or prevent the lawful arrest of any person, or in the
course of and in furtherance of the commission or attempted commission of escape in the second degree or escape after conviction.
(b) Murder in the first degree is a class A felony and shall be punished as provided in § 4209 of this title.
11 Del. C. 1953, § 636; 58 Del. Laws, c. 497, § 1; 59 Del. Laws, c. 284, § 1; 63 Del. Laws, c. 354, § 1; 66 Del. Laws, c. 269, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 285, § 2; 74 Del. Laws, c. 246, §§ 2, 3; 77 Del. Laws, c. 191, § 1.;
§§ 637-640. [Reserved.]
§ 641. Extreme emotional distress.
The fact that the accused intentionally caused the death of another person under the influence of extreme emotional distress
is a mitigating circumstance, reducing the crime of murder in the first degree as defined by § 636 of this title to the crime
of manslaughter as defined by § 632 of this title. The fact that the accused acted under the influence of extreme emotional
distress must be proved by a preponderance of the evidence. The accused must further prove by a preponderance of the evidence
that there is a reasonable explanation or excuse for the existence of the extreme emotional distress. The reasonableness of
the explanation or excuse shall be determined from the viewpoint of a reasonable person in the accused's situation under the
circumstances as the accused believed them to be. Extreme emotional distress is not reasonably explained or excused when it
is caused or occasioned by the accused's own mental disturbance for which the accused was culpably responsible, or by any
provocation, event or situation for which the accused was culpably responsible, or when there is no causal relationship between
the provocation, event or situation which caused the extreme emotional distress and the victim of the murder. Evidence of
voluntary intoxication shall not be admissible for the purpose of showing that the accused was acting under the influence
of extreme emotional distress.
11 Del. C. 1953, § 641; 58 Del. Laws, c. 497, § 1; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 127, § 1.;
§§ 642-644. [Reserved.]
§ 645. Promoting suicide; class F felony.
A person is guilty of promoting suicide when the person intentionally causes or aids another person to attempt suicide, or
when the person intentionally aids another person to commit suicide.
Promoting suicide is a class F felony.
11 Del. C. 1953, § 645; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§§ 646-650. [Reserved.]
§ 651. Abortion; class F felony.
A person is guilty of abortion when the person commits upon a pregnant female an abortion which causes the miscarriage of
the female, unless the abortion is a therapeutic abortion.
Abortion is a class F felony.
11 Del. C. 1953, § 651; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 652. Self-abortion; class A misdemeanor.
A female is guilty of self-abortion when she, being pregnant, commits or submits to an abortion upon herself which causes
her abortion, unless the abortion is a therapeutic abortion.
Self-abortion is a class A misdemeanor.
11 Del. C. 1953, § 652; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 653. Issuing abortional articles; class B misdemeanor.
A person is guilty of issuing abortional articles when the person manufactures, sells or delivers any instrument, article,
medicine, drug or substance with intent that the same be used in committing an abortion upon a female in circumstances which
would constitute a crime defined by this Criminal Code.
Issuing abortional articles is a class B misdemeanor.
11 Del. C. 1953, § 653; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 654. "Abortion" defined.
"Abortion" means an act committed upon or with respect to a female, whether by another person or by the female herself, whether
directly upon her body or by the administering, taking or prescription of drugs or in any other manner, with intent to cause
a miscarriage of such female.
11 Del. C. 1953, § 654; 58 Del. Laws, c. 497, § 1; 70 Del. Laws, c. 186, § 1.;
§§ 655-760. [Reserved.]
§ 761. Definitions generally applicable to sexual offenses.
(a) "Cognitive disability" means a developmental disability that substantially impairs an individual's cognitive abilities
including, but not limited to, delirium, dementia and other organic brain disorders for which there is an identifiable pathologic
condition, as well as nonorganic brain disorders commonly called functional disorders. "Cognitive disability" also includes
conditions of mental retardation, severe cerebral palsy, and any other condition found to be closely related to mental retardation
because such condition results in the impairment of general intellectual functioning or adaptive behavior similar to that
of persons who have been diagnosed with mental retardation, or such condition requires treatment and services similar to those
required for persons who have been diagnosed with mental retardation.
(b) "Cunnilingus" means any oral contact with the female genitalia.
(c) "Fellatio" means any oral contact with the male genitalia.
(d) "Object" means any item, device, instrument, substance or any part of the body. It does not mean a medical instrument
used by a licensed medical doctor or nurse for the purpose of diagnosis or treatment.
(e) "Position of trust, authority or supervision over a child" includes, but is not limited to:
(1) Familial, guardianship or custodial authority or supervision; or
(2) A teacher, coach, counselor, advisor, mentor or any other person providing instruction or educational services to a child
or children, whether such person is compensated or acting as a volunteer; or
(3) A babysitter, child care provider, or child care aide, whether such person is compensated or acting as a volunteer; or
(4) A health professional, meaning any person who is licensed or who holds himself or herself out to be licensed or who otherwise
provides professional physical or mental health services, diagnosis, treatment or counseling which shall include, but not
be limited to, doctors of medicine and osteopathy, dentists, nurses, physical therapists, chiropractors, psychologists, social
workers, medical technicians, mental health counselors, substance abuse counselors, marriage and family counselors or therapists
and hypnotherapists, whether such person is compensated or acting as a volunteer; or
(5) Clergy, including but not limited to any minister, pastor, rabbi, lay religious leader, pastoral counselor or any other
person having regular direct contact with children through affiliation with a church or religious institution, whether such
person is compensated or acting as a volunteer; or
(6) Any law-enforcement officer, as that term is defined in § 222 of this title, and including any person acting as an officer
or counselor at a correctional or counseling institution, facility or organization, whether such person is compensated or
acting as a volunteer; or
(7) Any other person who because of that person's familial relationship, profession, employment, vocation, avocation or volunteer
service has regular direct contact with a child or children and in the course thereof assumes responsibility, whether temporarily
or permanently, for the care or supervision of a child or children.
(f) "Sexual contact" means:
(1) Any intentional touching by the defendant of the anus, breast, buttocks or genitalia of another person; or
(2) Any intentional touching of another person with the defendant's anus, breast, buttocks or genitalia; or
(3) Intentionally causing or allowing another person to touch the defendant's anus, breast, buttocks or genitalia
which touching, under the circumstances as viewed by a reasonable person, is intended to be sexual in nature. Sexual contact
shall also include touching when covered by clothing.
(g) "Sexual intercourse" means:
(1) Any act of physical union of the genitalia or anus of 1 person with the mouth, anus or genitalia of another person. It
occurs upon any penetration, however slight. Ejaculation is not required. This offense encompasses the crimes commonly known
as rape and sodomy; or
(2) Any act of cunnilingus or fellatio regardless of whether penetration occurs. Ejaculation is not required.
(h) "Sexual offense" means any offense defined by §§ 763-780 and §§ 1108-1112A, 1352(2) and 1353(2) of this title.
(i) "Sexual penetration" means:
(1) The unlawful placement of an object, as defined in subsection (d) of this section, inside the anus or vagina of another
person; or
(2) The unlawful placement of the genitalia or any sexual device inside the mouth of another person.
(j) "Without consent" means:
(1) The defendant compelled the victim to submit by any act of coercion as defined in §§ 791 and 792 of this title, or by
force, by gesture, or by threat of death, physical injury, pain or kidnapping to be inflicted upon the victim or a third party,
or by any other means which would compel a reasonable person under the circumstances to submit. It is not required that the
victim resist such force or threat to the utmost, or to resist if resistance would be futile or foolhardy, but the victim
need resist only to the extent that it is reasonably necessary to make the victim's refusal to consent known to the defendant;
or
(2) The defendant knew that the victim was unconscious, asleep or otherwise unaware that a sexual act was being performed;
or
(3) The defendant knew that the victim suffered from a cognitive disability, mental illness or mental defect which rendered
the victim incapable of appraising the nature of the sexual conduct or incapable of consenting; or
(4) Where the defendant is a health professional, as defined herein, or a minister, priest, rabbi or other member of a religious
organization engaged in pastoral counseling, the commission of acts of sexual contact, sexual penetration or sexual intercourse
by such person shall be deemed to be without consent of the victim where such acts are committed under the guise of providing
professional diagnosis, counseling or treatment and where at the times of such acts the victim reasonably believed the acts
were for medically or professionally appropriate diagnosis, counseling or treatment, such that resistance by the victim could
not reasonably have been manifested. For purposes of this paragraph, "health professional" includes all individuals who are
licensed or who hold themselves out to be licensed or who otherwise provide professional physical or mental health services,
diagnosis, treatment or counseling and shall include, but not be limited to, doctors of medicine and osteopathy, dentists,
nurses, physical therapists, chiropractors, psychologists, social workers, medical technicians, mental health counselors,
substance abuse counselors, marriage and family counselors or therapists and hypnotherapists; or
(5) The defendant had substantially impaired the victim's power to appraise or control the victim's own conduct by administering
or employing without the other person's knowledge or against the other person's will, drugs, intoxicants or other means for
the purpose of preventing resistance.
(k) A child who has not yet reached that child's sixteenth birthday is deemed unable to consent to a sexual act with a person
more than 4 years older than said child. Children who have not yet reached their twelfth birthday are deemed unable to consent
to a sexual act under any circumstances.
11 Del. C. 1953, § 773; 58 Del. Laws, c. 497, § 1; 60 Del. Laws, c. 416, § 1; 61 Del. Laws, c. 56; 65 Del. Laws, c. 494, § 1; 66 Del. Laws, c. 269, §§ 27, 28; 69 Del. Laws, c. 44, § 1; 69 Del. Laws, c. 440, §§ 1, 2; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 285, §§ 3-7; 71 Del. Laws, c. 467, § 6; 72 Del. Laws, c. 109, § 1; 74 Del. Laws, c. 345, § 2; 75 Del. Laws, c. 392, § 2; 76 Del. Laws, c. 66, § 1; 77 Del. Laws, c. 150, §§ 1-3; 77 Del. Laws, c. 318, § 1.;
§ 762. Provisions generally applicable to sexual offenses.
(a) Mistake as to age. -- Whenever in the definition of a sexual offense, the criminality of conduct or the degree of the
offense depends on whether the person has reached that person's sixteenth birthday, it is no defense that the actor did not
know the person's age, or that the actor reasonably believed that the person had reached that person's sixteenth birthday.
(b) Gender. -- Unless a contrary meaning is clearly required, the male pronoun shall be deemed to refer to both male and female.
(c) Separate acts of sexual contact, penetration and sexual intercourse. -- Nothing in this title precludes a defendant from
being charged with separate offenses when multiple acts of sexual contact, penetration or intercourse are committed against
the same victim.
(d) Teenage defendant. -- As to sexual offenses in which the victim's age is an element of the offense because the victim
has not yet reached that victim's sixteenth birthday, where the person committing the sexual act is no more than 4 years older
than the victim, it is an affirmative defense that the victim consented to the act "knowingly" as defined in § 231 of this
title. Sexual conduct pursuant to this section will not be a crime. This affirmative defense will not apply if the victim
had not yet reached that victim's twelfth birthday at the time of the act.
11 Del. C. 1953, § 772; 58 Del. Laws, c. 497, § 1; 59 Del. Laws, c. 547, § 3; 61 Del. Laws, c. 56, § 3; 65 Del. Laws, c. 494, § 1; 66 Del. Laws, c. 269, §§ 33, 34; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 285, §§ 8, 9; 75 Del. Laws, c. 392, § 3.;
§ 763. Sexual harassment; unclassified misdemeanor.
A person is guilty of sexual harassment when:
(1) The person threatens to engage in conduct likely to result in the commission of a sexual offense against any person; or
(2) The person suggests, solicits, requests, commands, importunes or otherwise attempts to induce another person to have sexual
contact or sexual intercourse or unlawful sexual penetration with the actor, knowing that the actor is thereby likely to cause
annoyance, offense or alarm to that person.
Sexual harassment is an unclassified misdemeanor.
65 Del. Laws, c. 494, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 764. Indecent exposure in the second degree; unclassified misdemeanor.
(a) A male is guilty of indecent exposure in the second degree if he exposes his genitals or buttocks under circumstances
in which he knows his conduct is likely to cause affront or alarm to another person.
(b) A female is guilty of indecent exposure in the second degree if she exposes her genitals, breast or butt
§ 601. Offensive touching; unclassified misdemeanor; class A misdemeanor.
(a) A person is guilty of offensive touching when the person:
(1) Intentionally touches another person either with a member of his or her body or with any instrument, knowing that the
person is thereby likely to cause offense or alarm to such other person; or
(2) Intentionally strikes another person with saliva, urine, feces or any other bodily fluid, knowing that the person is thereby
likely to cause offense or alarm to such other person.
(b) When charged with a violation of paragraph (a)(2) of this section, the defendant shall be tested for diseases transmittable
through bodily fluids, the cost of such tests to be assessed as costs upon conviction. The results of such tests shall be
provided only to the Attorney General, the victim of the offense, the defendant and the Department of Correction's medical
care provider.
(c) Any violation of paragraph (a)(1) of this section shall be an unclassified misdemeanor. Notwithstanding the above, any
violation of paragraph (a)(1) of this section shall be a class A misdemeanor when the victim is acting in the lawful performance
of the victim's duty as one of the following: law-enforcement officer, hospital or nursing home employee, physician, medical
professional, ambulance attendant, emergency medical technician, Delaware State Fire Police Officer, correctional officer,
volunteer firefighter or full-time firefighter. Any violation of paragraph (a)(2) of this section shall be a class A misdemeanor.
11 Del. C. 1953, § 601; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 382, § 1; 73 Del. Laws, c. 108, §§ 1, 2.;
§ 602. Menacing; unclassified misdemeanor.
(a) A person is guilty of menacing when by some movement of body or any instrument the person intentionally places another
person in fear of imminent physical injury.
Menacing is an unclassified misdemeanor.
(b) A person is guilty of aggravated menacing when by displaying what appears to be a deadly weapon that person intentionally
places another person in fear of imminent physical injury. Aggravated menacing is a class E felony.
11 Del. C. 1953, § 602; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 159, §§ 1, 2; 70 Del. Laws, c. 186, § 1.;
§ 603. Reckless endangering in the second degree; class A misdemeanor.
(a) A person is guilty of reckless endangering in the second degree when:
(1) The person recklessly engages in conduct which creates a substantial risk of physical injury to another person; or
(2) Being a parent, guardian or other person legally charged with the care or custody of a child less than 18 years old, the
person knowingly, intentionally or with criminal negligence acts in a manner which contributes to or fails to act to prevent
the unlawful possession and/or purchase of a firearm by a juvenile. It shall be an absolute defense to this paragraph if the
person charged had a lock on the trigger and did not tell or show the juvenile where the key to the trigger lock was kept.
It shall also be an absolute defense to this paragraph if the person had locked the firearm in a key or combination locked
container and did not tell or show the juvenile where the key was kept or what the combination was.
(b) Reckless endangering in the second degree is a class A misdemeanor.
11 Del. C. 1953, § 603; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 359, § 1.;
§ 604. Reckless endangering in the first degree; class E felony.
A person is guilty of reckless endangering in the first degree when the person recklessly engages in conduct which creates
a substantial risk of death to another person.
Reckless endangering in the first degree is a class E felony.
11 Del. C. 1953, § 604; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 69 Del. Laws, c. 24, § 2; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 34, § 9.;
§ 605. Abuse of a pregnant female in the second degree; class C felony.
(a) A person is guilty of abuse of a pregnant female in the second degree when in the course of or in furtherance of the commission
or attempted commission of assault third degree or any violent felony against or upon a pregnant female, or while in immediate
flight therefrom, the person recklessly and without her consent causes the unlawful termination of her pregnancy.
(b) It is no defense to a prosecution under this section that the person was unaware that the victim was pregnant.
(c) Prosecution under this section does not preclude prosecution under any other section of the Delaware Code. Abuse of a
pregnant female in the second degree is a class C felony.
72 Del. Laws, c. 43, § 3; 70 Del. Laws, c. 186, § 1.;
§ 606. Abuse of a pregnant female in the first degree; class B felony.
(a) A person is guilty of abuse of a pregnant female in the first degree when in the course of or in furtherance of the commission
or attempted commission of assault third degree any violent felony against or upon a pregnant female, or while in immediate
flight therefrom, the person intentionally and without her consent causes the unlawful termination of her pregnancy.
(b) It is no defense to a prosecution under this section that the person was unaware that the victim was pregnant.
(c) Prosecution under this section does not preclude prosecution under any other section of the Delaware Code. Abuse of a
pregnant female in the first degree is a class B felony.
72 Del. Laws, c. 43, § 4; 70 Del. Laws, c. 186, § 1.;
(a)(1) A person commits the offense of strangulation if the person knowingly or intentionally impedes the breathing or circulation
of the blood of another person by applying pressure on the throat or neck of the other person.
(2) Except as provided in paragraph (a)(3) of this section, strangulation is a class E felony.
(3) Strangulation is a class D felony if:
a. The person used or attempted to use a dangerous instrument or a deadly weapon while committing the offense; or
b. The person caused serious physical injury to the other person while committing the offense; or
c. The person has been previously convicted of strangulation.
(b) It is an affirmative defense that an act constituting strangulation was the result of a legitimate medical procedure.
77 Del. Laws, c. 256, § 1.;
§§ 608-610. [Reserved.]
§ 611. Assault in the third degree; class A misdemeanor.
A person is guilty of assault in the third degree when:
(1) The person intentionally or recklessly causes physical injury to another person; or
(2) With criminal negligence the person causes physical injury to another person by means of a deadly weapon or a dangerous
instrument.
Assault in the third degree is a class A misdemeanor.
11 Del. C. 1953, § 611; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 612. Assault in the second degree; class D felony.
(a) A person is guilty of assault in the second degree when:
(1) The person recklessly or intentionally causes serious physical injury to another person; or
(2) The person recklessly or intentionally causes physical injury to another person by means of a deadly weapon or a dangerous
instrument; or
(3) The person intentionally causes physical injury to a law-enforcement officer, a volunteer firefighter, a full-time firefighter,
emergency medical technician, paramedic, fire police officer, fire marshal, correctional officer, a sheriff, a deputy sheriff,
a code enforcement constable or a code enforcement officer who is acting in the lawful performance of duty. For purposes of
this subsection, if a law-enforcement officer is off duty and the nature of the assault is related to that law-enforcement
officer's official position, then it shall fall within the meaning of "official duties" of a law-enforcement officer; or
(4) The person intentionally causes physical injury to the operator of an ambulance, a rescue squad member, licensed practical
nurse, registered nurse, paramedic, licensed medical doctor or any other person while such person is rendering emergency care;
or
(5) The person recklessly or intentionally causes physical injury to another person who is 62 years of age or older; or
(6) The person intentionally assaults a law-enforcement officer while in the performance of the officer's duties, with any
disabling chemical spray, or with any aerosol or hand sprayed liquid or gas with the intent to incapacitate such officer and
prevent the officer from performing such duties; or
(7) The person intentionally, while engaged in commission of any crime enumerated in this chapter, assaults any other person
with any disabling chemical spray, or with any aerosol or hand sprayed liquid or gas with the intent to incapacitate the victim;
or
(8) The person intentionally causes physical injury to any state employee or officer when that employee or officer is discharging
or attempting to discharge a duty of employment or office; or
(9) The person recklessly or intentionally causes physical injury to a pregnant female. It is no defense to a prosecution
under this subsection that the person was unaware that the victim was pregnant; or
(10) A person who is 18 years of age or older and who recklessly or intentionally causes physical injury to another person
who has not yet reached the age of 6 years. In any prosecution of a parent, guardian, foster parent, legal custodian or other
person similarly responsible for the general care and supervision of a child victim pursuant to this paragraph, the State
shall be required to prove beyond a reasonable doubt the absence of any justification offered by § 468(1) of this title. In
any prosecution of a teacher or school administrator pursuant to this paragraph, the State shall be required to prove beyond
a reasonable doubt the absence of any justification offered by § 468(2) of this title; or
(11) The person recklessly or intentionally causes physical injury to a law enforcement officer, security officer, fire policeman,
fire fighter, paramedic, or emergency medical technician in the lawful performance of their duties by means of an electronic
control device shall be a class C felony.
(b) It is no defense, for an offense under paragraph (a)(5) of this section, that the accused did not know the person's age
or that the accused reasonably believed the person to be under the age of 62.
(c) It is no defense, for an offense under paragraph (a)(10) of this section, that the accused did not know the person's age
or that the accused reasonably believed the person to be 6 years of age or older.
(d) Assault in the second degree is a class D felony.
11 Del. C. 1953, § 612; 58 Del. Laws, c. 497, § 1; 63 Del. Laws, c. 50, § 1; 63 Del. Laws, c. 237, § 1; 67 Del. Laws, c. 130, § 8; 68 Del. Laws, c. 129, §§ 1, 3; 69 Del. Laws, c. 24, §§ 3, 4; 69 Del. Laws, c. 189, § 1; 69 Del. Laws, c. 367, § 1; 70 Del. Laws, c. 128, §§ 1-5; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 307, § 1; 71 Del. Laws, c. 374, §§ 4, 5; 72 Del. Laws, c. 34, § 10; 72 Del. Laws, c. 43, § 5; 72 Del. Laws, c. 173, §§ 1, 2; 73 Del. Laws, c. 126, §§ 3, 16; 74 Del. Laws, c. 199; 76 Del. Laws, c. 270, § 3; 77 Del. Laws, c. 119, § 1; 77 Del. Laws, c. 265, § 1.;
§ 613. Assault in the first degree; class B felony.
(a) A person is guilty of assault in the first degree when:
(1) The person intentionally causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument;
or
(2) The person intentionally disfigures another person seriously and permanently, or intentionally destroys, amputates or
disables permanently a member or organ of another person's body; or
(3) The person recklessly engages in conduct which creates a substantial risk of death to another person, and thereby causes
serious physical injury to another person; or
(4) While engaged in the commission of, or attempt to commit, or flight after committing or attempting to commit any felony,
the person intentionally or recklessly causes serious physical injury to another person; or
(5) The person intentionally causes serious physical injury to a law-enforcement officer, a volunteer firefighter, a full-time
firefighter, emergency medical technician, paramedic, fire police officer, fire marshal, a code enforcement constable or a
code enforcement officer who is acting in the lawful performance of duty; or
(6) The person intentionally causes serious physical injury to the operator of an ambulance, a rescue squad member, licensed
practical nurse, registered nurse, paramedic, licensed medical doctor or any other person while such person is rendering emergency
care; or
(7) The person intentionally causes serious physical injury to another person who is 62 years of age or older.
(b) It is no defense, for an offense under paragraph (a)(7) of this section, that the accused did not know the person's age
or that the accused reasonably believed the person to be under the age of 62.
(c) Assault in the first degree is a class B felony.
11 Del. C. 1953, § 613; 58 Del. Laws, c. 497, § 1; 63 Del. Laws, c. 50, § 2; 63 Del. Laws, c. 237, § 2; 67 Del. Laws, c. 130, § 8; 68 Del. Laws, c. 129, §§ 2, 3; 69 Del. Laws, c. 24, §§ 5, 6; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 34, § 11; 73 Del. Laws, c. 126, §§ 4, 16; 74 Del. Laws, c. 106, § 1; 75 Del. Laws, c. 168, § 1; 77 Del. Laws, c. 119, § 2; 77 Del. Laws, c. 265, § 2.;
§ 614. Abuse of a sports official; class G felony; class A misdemeanor.
(a) A person is guilty of abuse of a sports official whenever the person intentionally or recklessly commits the following
acts against a sports official who is acting in the lawful performance of duty:
(1) Reckless endangering in the second degree, as set forth in § 603 of this title; or
(2) Assault in the third degree, as set forth in § 611 of this title; or
(3) Terroristic threatening, as set forth in § 621 of this title; or
(4) Criminal mischief, as set forth in § 811 of this title.
(b) For purposes of this section, the words "sports official" shall mean any person who serves as a registered, paid or volunteer
referee, umpire, line judge or acts in any similar capacity during a sporting event. For purposes of this section, the words,
"lawful performance of duty" means the time immediately prior to, during and/or immediately after the sporting event.
(c) Whoever violates subsection (a) of this section shall be guilty of a class A misdemeanor. Upon conviction for a second
or subsequent offense under this section, such person shall be guilty of a class G felony. Notwithstanding Chapter 42 of this
title, such person shall be fined not less than $1,000 nor more than $2,350. In addition to the fines imposed by this subsection,
any person who is guilty of abuse of a sports official shall be prohibited from participating in and/or attending any organized
sporting event for a period of not less than 3 months nor more than 12 months.
(d) Except as provided in § 922 of Title 10, and notwithstanding any other provision of law to the contrary, the Court of
Common Pleas shall have original jurisdiction to hear, try and finally determine any violation of this section, and any other
misdemeanor violation of any offense set forth in this title which was allegedly committed during the same incident. Prosecution
under this section shall not preclude a separate charge, conviction and sentence for any other crime set forth in the Code.
67 Del. Laws, c. 247, § 1; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 342, § 1.;
§ 615. Assault by abuse or neglect; class B felony.
(a) A person is guilty of assault by abuse or neglect when the person recklessly causes serious physical injury to a child:
(1) Through an act of abuse and/or neglect of such child; or
(2) When the person has engaged in a previous pattern of abuse and/or neglect of such child.
(b) For the purposes of this section:
(1) "Child" shall refer to any person who has not yet reached that person's 14/ft/fh birthday.
(2) "Abuse" and "neglect" shall have the same meaning as set forth in § 1103 of this title.
(3) "Previous pattern" of abuse and/or neglect shall mean 2 or more incidents of conduct:
a. That constitute an act of abuse and/or neglect; and
b. Are not so closely related to each other or connected in point of time and place that they constitute a single event.
(c) A conviction is not required for an act of abuse or neglect to be used in prosecution of a matter under this section,
including an act used as proof of a previous pattern as defined in this paragraph. A conviction for any act of abuse or neglect,
including one which may be relied upon to establish a previous pattern of abuse and/or neglect, does not preclude prosecution
under this section. Prosecution under this section does not preclude prosecution under any other section of the Code.
(d) Assault by abuse or neglect is a class B felony.
72 Del. Laws, c. 197, § 1.;
§ 616. Gang participation.
(a) Definitions. -- The following terms shall have the following meaning as used in this section.
(1) "Criminal street gang" means any ongoing organization, association, or group of 3 or more persons, whether formal or informal,
having as 1 of its primary activities the commission of one or more of the criminal acts enumerated in paragraph (a)(2) of
this section, having a common name or common identifying sign or symbol, and whose members individually or collectively engage
in or have engaged in a pattern of criminal gang activity.
(2) "Pattern of criminal gang activity" means the commission of attempted commission of, conspiracy to commit, solicitation
of, or conviction of 2 or more of the following criminal offenses, provided that at least 1 of these offenses occurred after
July 1, 2003, and that the last of those offenses occurred within 3 years after a prior offense, and provided that the offenses
were committed on separate occasions, or by 2 or more persons:
a. Assault, as defined in § 612 or § 613 of this title.
b. Any criminal acts causing death as defined in §§ 632--636 of this title.
c. Any criminal acts relating to sexual offenses defined in §§ 768--780 of this title.
d. Any criminal offenses relating to unlawful imprisonment or kidnapping which are defined in §§ 782--783A of this title.
e. Any criminal acts of arson as defined in §§ 801--803 of this title.
f. Any criminal acts relating to burglary which are defined in §§ 824--826 of this Title.
g. Any criminal acts relating to robbery which are defined in §§ 831 and 832 of this title.
h. Any criminal acts relating to theft or extortion which are defined in § 841, § 849 or § 851 of this title, provided that
such acts meet the requirements of felony offenses under said sections.
i. Any criminal acts relating to riot, unlawful disruption, hate crimes, stalking or bombs which are defined in § 1302, former
§ 1303 [repealed], § 1304, § 1312A or § 1338 of this title, provided that such acts meet the requirements of felony offenses
under said sections.
j. Any criminal acts involving deadly weapons or dangerous instruments which are defined in § 1442, § 1444, §§ 1447--1448,
§ 1449, § 1450, § 1451, § 1454 or § 1455 of this title.
k. Any criminal acts involving controlled substances which are defined by §§ 4751, 4752, 4753A, 4755, 4756, 4761, 4761A of
Title 16.
(b) Forbidden conduct. -- A person who actively participates in any criminal street gang with knowledge that its members engage
in or have engaged in a pattern of criminal gang activity and who knowingly promotes, furthers or assists in any criminal
conduct by members of that gang which would constitute a felony under Delaware law, shall be guilty of illegal gang participation.
Illegal gang participation is a class F felony.
(c) Sentencing enhancements. --
(1) Any person who is convicted of a class E felony committed for the benefit of, at the direction of, or in association with
any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members,
shall, upon conviction of that felony, be sentenced consistent with the sentence dictated by Delaware law for a class D felony
under § 4205(b)(4) of this title.
(2) Any person who is convicted of a class D felony committed for the benefit of, at the direction of, or in association with
any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members,
shall, upon conviction of that felony, be sentenced consistent with the sentence dictated by Delaware law for a class C felony
under § 4205(b)(3) of this title.
(3) Any person who is convicted of a class C felony committed for the benefit of, at the direction of, or in association with
any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members,
shall, upon conviction of that felony, be sentenced consistent with the sentence dictated by Delaware law for a class B felony
under § 4205(b)(2) of this title.
74 Del. Laws, c. 115, § 1.;
§ 617. Criminal youth gangs.
(a) Definitions. -- The following words, terms and phrases, when used in this chapter, shall have their meaning ascribed to
them except where the context clearly indicates a different meaning.
(1) "Criminal youth gang" shall mean a group of 3 or more persons with a gang name or other identifier which either promotes,
sponsors, assists in, participates in or requires as a condition of membership submission to group initiation that results
in any felony or any class A misdemeanor set forth in this title or Title 16.
(2) "Identifier" shall mean common identifying signs, symbols, tattoos, markings, graffiti, or attire or other distinguishing
characteristics or indicia of gang membership.
(3) "Student" shall mean any person enrolled in a school grades preschool through 12.
(b) Recruitment or retention of juveniles or students for a criminal street gang or criminal youth gang; penalties. --
(1) Any person who solicits, invites, recruits, encourages or otherwise causes or attempts to cause a juvenile or student
to participate in or be come a member of a criminal street gang as defined in § 616(a) of this title or criminal youth gang
is guilty of a class G felony.
(2) Any person who,
a. In order to encourage a juvenile or student to:
1. Join a criminal youth gang or criminal street gang,
2. Remain as a participant in or a member of a criminal youth gang or criminal street gang, or
3. Submit to a demand by a criminal youth gang or criminal street gang to commit a crime; or
b. In order to prevent a juvenile or student from withdrawing or attempting to withdraw from a criminal youth gang or criminal
street gang threatens to commit any crime likely to result in death or in physical injury to the juvenile, the juvenile's
property, a member of that juvenile's family or household, or their property; or commits a crime which results in physical
injury or death to the juvenile, the juvenile's property, a member of that juvenile's family or household, or their property
shall be guilty of a class F felony and shall constitute a separate and distinct offense. If the acts or activities violating
this section also violate another provision of law, a prosecution under this section shall not prohibit or bar any prosecution
or proceeding under such other provision or the imposition of any penalties provided for thereby.
75 Del. Laws, c. 421, § 1; 70 Del. Laws, c. 186, § 1.;
§§ 618-620. [Reserved.]
§ 621. Terroristic threatening.
(a) A person is guilty of terroristic threatening when that person commits any of the following:
(1) The person threatens to commit any crime likely to result in death or in serious injury to person or property;
(2) The person makes a false statement or statements:
a. Knowing that the statement or statements are likely to cause evacuation of a building, place of assembly, or facility of
public transportation;
b. Knowing that the statement or statements are likely to cause serious inconvenience; or
c. In reckless disregard of the risk of causing terror or serious inconvenience; or
(3) The person commits an act with intent of causing an individual to believe that the individual has been exposed to a substance
that will cause the individual death or serious injury.
(b) Any violation of paragraph (a)(1) of this section shall be a class A misdemeanor except where the victim is a person 62
years of age or older, in which case any violation of paragraph (a)(1) of this section shall be a class G felony. Any violation
of paragraph (a)(2) of this section shall be a class G felony unless the place at which the risk of evacuation, serious inconvenience
or terror is created is a place that has the purpose, in whole or in part, of acting as a daycare facility, nursery or preschool,
kindergarten, elementary, secondary or vocational-technical school, or any long-term care facility in which elderly persons
are housed, in which case it shall be a class F felony. Any violation of paragraph (a)(3) of this section shall be a class
F felony. Notwithstanding any provision of this subsection to the contrary, a first offense of paragraph (a)(2) of this section
by a person 17 years old or younger shall be a class A misdemeanor.
(c) In addition to the penalties otherwise authorized by law, any person convicted of an offense in violation of paragraph
(a)(2) of this section shall:
(1) Pay a fine of not less than $1,000 nor more than $2,500, which fine cannot be suspended; and
(2) Be sentenced to perform a minimum of 100 hours of community service.
(d) In addition to the penalties otherwise authorized by law, any person convicted of an offense in violation of paragraph
(a)(3) of this section shall pay a fine of not less than $2,000, which fine cannot be suspended.
11 Del. C. 1953, § 621; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 330, § 1; 73 Del. Laws, c. 126, §§ 5, 6; 73 Del. Laws, c. 255, § 1.;
§ 622. Hoax device; class F felony.
(a) Whoever possesses, transports, uses or places or causes another to knowingly or unknowingly possess, transport, use or
place any hoax device with the intent to cause anxiety, unrest, fear or personal discomfort to any person or group of persons
shall be guilty of a class F felony.
(b) For the purposes of this section the following definitions shall apply:
(1) "Destructive device" means any explosive, incendiary, or chemical material or over-pressure device which will rapidly
expand in a manner to project material outward at such a rate to cause injury to persons or damage to property.
(2) "Explosive" means any chemical compound, or other substance or containing oxidizing and combustible units or other ingredients
in such proportions or quantities that ignition, fire, friction, concussion, percussion, or detonator may produce an explosion
capable of causing injury to persons or damage to property.
(3) "Hoax device" shall mean any object or item that would cause a person to reasonably believe that such object or item is
or contains a destructive device, Molotov cocktail, incendiary device, or over-pressure device which could cause injury or
death.
(4) "Incendiary device" means any item designed to ignite by hand, chemical reaction, timer or by spontaneous combustion and
is not designed for lawful purposes or use whatsoever, or any lawful use or purpose has been terminated.
(5) "Molotov cocktail" means a makeshift incendiary bomb made of a breakable container filled with flammable liquid and provided
with a wick composed of any substance capable of bringing flame into contact with a wick composed of any substance capable
of bringing flame into contact with a liquid.
(6) "Over-pressure device" means a frangible container filled with an explosive gas, chemical or combination of materials,
which is designed or constructed so as to cause the container to break or fracture in a manner which is capable of causing
death, bodily harm, or property damage.
74 Del. Laws, c. 420, § 1.;
§§ 623, 624. [Reserved.]
§ 625. Unlawfully administering drugs; class A misdemeanor.
A person is guilty of unlawfully administering drugs when, for a purpose other than lawful medical or therapeutic treatment,
the person intentionally causes stupor, unconsciousness or other alteration of the physical or mental condition of another
person by administering to the other person, without consent, a drug.
Unlawfully administering drugs is a class A misdemeanor.
11 Del. C. 1953, § 625; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 626. Unlawfully administering controlled substance or counterfeit substance or narcotic drugs; class G felony.
A person is guilty of unlawfully administering a controlled substance or counterfeit substance or narcotic drugs when, for
a purpose other than lawful medical or therapeutic treatment, the person intentionally introduces or causes introduction into
the body of another person, without consent, a controlled substance or counterfeit substance or narcotic drug.
Unlawfully administering controlled substance or counterfeit substance or narcotic drugs is a class G felony.
11 Del. C. 1953, § 626; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 627. Prohibited acts as to substances releasing vapors or fumes; unclassified misdemeanor.
No person shall:
(1) Intentionally smell or inhale the vapors or fumes from any substance having the property of releasing vapors or fumes
for the purpose of producing a condition of intoxication, inebriation, exhilaration, stupefaction or lethargy or for the purpose
of dulling the brain or nervous system; provided, that nothing in this section shall prohibit the inhalation of the vapors
or fumes of any anesthesia for medical or dental purposes;
(2) Sell or offer to sell to any person any material, product or article of commerce containing any substance having a property
of releasing vapors or fumes, if the person has knowledge or is in the possession of such facts that the person should have
knowledge that the material, product or article of commerce sold or offered will be used for the purpose of committing any
of the acts proscribed in paragraph (1) of this section;
(3) Purchase or offer to purchase for the person or any other person any material, product or article of commerce containing
any substance having the property of releasing vapors and fumes if such purchase or offer to purchase is made for the purpose
of committing any of the acts proscribed in paragraph (1) of this section.
Any violation of this section shall be an unclassified misdemeanor.
11 Del. C. 1953, § 627; 58 Del. Laws, c. 497, § 1; 65 Del. Laws, c. 286, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 628. Vehicular assault in the second degree; class B misdemeanor.
A person is guilty of vehicular assault in the second degree when:
(1) While in the course of driving or operating a motor vehicle, the person's criminally negligent driving or operation of
said vehicle causes serious physical injury to another person; or
(2) While in the course of driving or operating a motor vehicle and under the influence of alcohol or drugs or with a prohibited
alcohol or drug content, as defined by § 4177 of Title 21, the person's negligent driving or operation of said vehicle causes
physical injury to another person.
Vehicular assault in the second degree is a class B misdemeanor.
63 Del. Laws, c. 88, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 333, § 5; 75 Del. Laws, c. 315, § 7.;
§ 629. Vehicular assault in the first degree; class F felony.
A person is guilty of vehicular assault in the first degree when while in the course of driving or operating a motor vehicle
and under the influence of alcohol or drugs or with a prohibited alcohol or drug content, as defined by § 4177 of Title 21,
the person's negligent driving or operation of said vehicle causes serious physical injury to another person.
Vehicular assault in the first degree is a class F felony.
63 Del. Laws, c. 88, § 2; 67 Del. Laws, c. 130, § 8; 68 Del. Laws, c. 361, §§ 1, 2; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 333, § 5; 75 Del. Laws, c. 315, § 7.;
§ 630. Vehicular homicide in the second degree; class F felony; minimum sentence; juvenile offenders.
(a) A person is guilty of vehicular homicide in the second degree when:
(1) While in the course of driving or operating a motor vehicle, the person's criminally negligent driving or operation of
said vehicle causes the death of another person; or
(2) While in the course of driving or operating a motor vehicle, under the influence of alcohol or drugs or with a prohibited
alcohol or drug content, as defined by § 4177 of Title 21, the person's negligent driving or operation of said vehicle causes
the death of another person.
Vehicular homicide in the second degree is a class F felony.
(b) The minimum sentence required by paragraph (a)(2) of this section shall be 1 year, notwithstanding § 4205(b)(6) of this
title. The minimum sentence shall not be subject to suspension, and no person convicted under this section shall be eligible
for probation, parole, furlough, work release or supervised custody during the first year of such sentence.
(c) Every person charged under this section after having reached their 16th birthday, shall be treated for purposes of trial
or other disposition of the charge, including but not limited to sentencing, as an adult, notwithstanding any contrary provisions
of statutes governing the Family Court, or any other state law, except that the mandatory minimum sentencing provisions of
subsection (b) of this section and § 630A(b) of this title shall not apply to juveniles. Any such case involving a juvenile
shall be subject to the transfer provisions of § 1011 of Title 10. Any period of incarceration imposed upon a juvenile by
operation of this section shall be served in a juvenile correctional facility until the person attains their 18th birthday,
at which time the person shall be transferred to the appropriate adult correctional institution or jail to serve any remaining
portion of the sentence.
63 Del. Laws, c. 88, § 3; 65 Del. Laws, c. 357, § 1; 67 Del. Laws, c. 130, § 8; 67 Del. Laws, c. 246, § 1; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 333, § 5; 75 Del. Laws, c. 315, § 7.;
§ 630A. Vehicular homicide in the first degree; class E felony; minimum sentence; juvenile offenders.
(a) A person is guilty of vehicular homicide in the first degree when while in the course of driving or operating a motor
vehicle under the influence of alcohol or drugs or with a prohibited alcohol or drug content, as defined by § 4177 of Title
21, the person's criminally negligent driving or operation of said vehicle causes the death of another person.
Vehicular homicide in the first degree is a class E felony.
(b) The minimum sentence required by this section shall be 2 years, notwithstanding § 4205(b)(5) of this title. The minimum
sentence shall not be subject to suspension, and no person convicted under this section shall be eligible for probation, parole,
furlough, work release or supervised custody during the first 18 months of such sentence.
(c) Every person charged under this section after having reached their 16th birthday, shall be treated for purposes of trial
or other disposition of the charge, including but not limited to sentencing, as an adult, notwithstanding any contrary provisions
of statutes governing the Family Court, or any other state law, except that the mandatory minimum sentencing provisions of
subsection (b) of this section and § 630(b) of this title shall not apply to juveniles. Any such case involving a juvenile
shall be subject to the transfer provisions of § 1011 of Title 10. Any period of incarceration imposed upon a juvenile by
operation of this section shall be served in a juvenile correctional facility until the person attains their 18th birthday,
at which time the person shall be transferred to the appropriate adult correctional institution or jail to serve any remaining
portion of the sentence.
63 Del. Laws, c. 88, § 4; 65 Del. Laws, c. 357, § 2; 67 Del. Laws, c. 130, § 8; 67 Del. Laws, c. 246, § 1; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 333, § 5; 75 Del. Laws, c. 315, § 7.;
§ 631. Criminally negligent homicide; class E felony.
A person is guilty of criminally negligent homicide when, with criminal negligence, the person causes the death of another
person.
Criminally negligent homicide is a class E felony.
11 Del. C. 1953, § 631; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 632. Manslaughter; class B felony.
A person is guilty of manslaughter when:
(1) The person recklessly causes the death of another person; or
(2) With intent to cause serious physical injury to another person the person causes the death of such person, employing means
which would to a reasonable person in the defendant's situation, knowing the facts known to the defendant, seem likely to
cause death; or
(3) The person intentionally causes the death of another person under circumstances which do not constitute murder because
the person acts under the influence of extreme emotional disturbance; or
(4) The person commits upon a female an abortion which causes her death, unless such abortion is a therapeutic abortion and
the death is not the result of reckless conduct; or
(5) The person intentionally causes another person to commit suicide.
Manslaughter is a class B felony.
11 Del. C. 1953, § 632; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 106, § 2.;
§ 633. Murder by abuse or neglect in the second degree; class B felony.
(a) A person is guilty of murder by abuse or neglect in the second degree when, with criminal negligence, the person causes
the death of a child:
(1) Through an act of abuse and/or neglect of such child; or
(2) When the person has engaged in a previous pattern of abuse and/or neglect of such child.
(b) For the purpose of this section:
(1) "Abuse" and "neglect" shall have the same meaning as set forth in § 1103 of this title.
(2) "Child" shall refer to any person who has not yet reached that person's 14th birthday.
(3) "Previous pattern" of abuse and/or neglect shall mean 2 or more incidents of conduct:
a. That constitute an act of abuse and/or neglect; and
b. Are not so closely related to each other or connected in point of time and place that they constitute a single event.
(c) A conviction is not required for an act of abuse or neglect to be used in prosecution of a matter under this section,
including an act used as proof of a previous pattern as defined in paragraph (b)(3) of this section. A conviction for any
act of abuse or neglect, including one which may be relied upon to establish a previous pattern of abuse and/or neglect does
not preclude prosecution under this section. Prosecution under this section does not preclude prosecution under any other
section of the Code.
(d) Murder by abuse or neglect in the second degree is a class B felony. Notwithstanding any provision of this title to the
contrary, the minimum sentence for a person convicted of murder by abuse or neglect in the second degree in violation of this
section shall be 10 years at Level V.
70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 266, § 1; 70 Del. Laws, c. 382, § 1; 72 Del. Laws, c. 197, §§ 2-4.;
§ 634. Murder by abuse or neglect in the first degree; class A felony.
(a) A person is guilty of murder by abuse or neglect in the first degree when the person recklessly causes the death of a
child:
(1) Through an act of abuse and/or neglect of such child; or
(2) When the person has engaged in a previous pattern of abuse and/or neglect of such child.
(b) For the purpose of this section:
(1) "Abuse" and "neglect" shall have the same meaning as set forth in § 1103 of this title.
(2) "Child" shall refer to any person who has not yet reached that person's 14th birthday.
(3) "Previous pattern" of abuse and/or neglect shall mean 2 or more incidents of conduct:
a. That constitute an act of abuse and/or neglect; and
b. Are not so closely related to each other or connected in point of time and place that they constitute a single event.
(c) A conviction is not required for an act of abuse or neglect to be used in prosecution of a matter under this section including
an act used as proof of the previous pattern as defined in paragraph (b)(3) of this section. A conviction for any act of abuse
or neglect including one which may be relied upon to establish the previous pattern of abuse and/or neglect does not preclude
prosecution under this section. Prosecution under this section does not preclude prosecution under any other section of the
Code.
(d) Murder by abuse or neglect in the first degree is a class A felony.
70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 266, § 2; 72 Del. Laws, c. 197, §§ 5, 6.;
§ 635. Murder in the second degree; class A felony.
A person is guilty of murder in the second degree when:
(1) The person recklessly causes the death of another person under circumstances which manifest a cruel, wicked and depraved
indifference to human life; or
(2) While engaged in the commission of, or attempt to commit, or flight after committing or attempting to commit any felony,
the person, with criminal negligence, causes the death of another person.
Murder in the second degree is a class A felony.
11 Del. C. 1953, § 635; 58 Del. Laws, c. 497, § 1; 59 Del. Laws, c. 203, § 35; 67 Del. Laws, c. 130, § 8; 67 Del. Laws, c. 350, § 29; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 106, § 3; 74 Del. Laws, c. 246, § 1.;
§ 636. Murder in the first degree; class A felony.
(a) A person is guilty of murder in the first degree when:
(1) The person intentionally causes the death of another person;
(2) While engaged in the commission of, or attempt to commit, or flight after committing or attempting to commit any felony,
the person recklessly causes the death of another person.
(3) The person intentionally causes another person to commit suicide by force or duress;
(4) The person recklessly causes the death of a law-enforcement officer, corrections employee, fire fighter, paramedic, emergency
medical technician, fire marshal or fire police officer while such officer is in the lawful performance of duties;
(5) The person causes the death of another person by the use of or detonation of any bomb or similar destructive device;
(6) The person causes the death of another person in order to avoid or prevent the lawful arrest of any person, or in the
course of and in furtherance of the commission or attempted commission of escape in the second degree or escape after conviction.
(b) Murder in the first degree is a class A felony and shall be punished as provided in § 4209 of this title.
11 Del. C. 1953, § 636; 58 Del. Laws, c. 497, § 1; 59 Del. Laws, c. 284, § 1; 63 Del. Laws, c. 354, § 1; 66 Del. Laws, c. 269, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 285, § 2; 74 Del. Laws, c. 246, §§ 2, 3; 77 Del. Laws, c. 191, § 1.;
§§ 637-640. [Reserved.]
§ 641. Extreme emotional distress.
The fact that the accused intentionally caused the death of another person under the influence of extreme emotional distress
is a mitigating circumstance, reducing the crime of murder in the first degree as defined by § 636 of this title to the crime
of manslaughter as defined by § 632 of this title. The fact that the accused acted under the influence of extreme emotional
distress must be proved by a preponderance of the evidence. The accused must further prove by a preponderance of the evidence
that there is a reasonable explanation or excuse for the existence of the extreme emotional distress. The reasonableness of
the explanation or excuse shall be determined from the viewpoint of a reasonable person in the accused's situation under the
circumstances as the accused believed them to be. Extreme emotional distress is not reasonably explained or excused when it
is caused or occasioned by the accused's own mental disturbance for which the accused was culpably responsible, or by any
provocation, event or situation for which the accused was culpably responsible, or when there is no causal relationship between
the provocation, event or situation which caused the extreme emotional distress and the victim of the murder. Evidence of
voluntary intoxication shall not be admissible for the purpose of showing that the accused was acting under the influence
of extreme emotional distress.
11 Del. C. 1953, § 641; 58 Del. Laws, c. 497, § 1; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 127, § 1.;
§§ 642-644. [Reserved.]
§ 645. Promoting suicide; class F felony.
A person is guilty of promoting suicide when the person intentionally causes or aids another person to attempt suicide, or
when the person intentionally aids another person to commit suicide.
Promoting suicide is a class F felony.
11 Del. C. 1953, § 645; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§§ 646-650. [Reserved.]
§ 651. Abortion; class F felony.
A person is guilty of abortion when the person commits upon a pregnant female an abortion which causes the miscarriage of
the female, unless the abortion is a therapeutic abortion.
Abortion is a class F felony.
11 Del. C. 1953, § 651; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 652. Self-abortion; class A misdemeanor.
A female is guilty of self-abortion when she, being pregnant, commits or submits to an abortion upon herself which causes
her abortion, unless the abortion is a therapeutic abortion.
Self-abortion is a class A misdemeanor.
11 Del. C. 1953, § 652; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 653. Issuing abortional articles; class B misdemeanor.
A person is guilty of issuing abortional articles when the person manufactures, sells or delivers any instrument, article,
medicine, drug or substance with intent that the same be used in committing an abortion upon a female in circumstances which
would constitute a crime defined by this Criminal Code.
Issuing abortional articles is a class B misdemeanor.
11 Del. C. 1953, § 653; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 654. "Abortion" defined.
"Abortion" means an act committed upon or with respect to a female, whether by another person or by the female herself, whether
directly upon her body or by the administering, taking or prescription of drugs or in any other manner, with intent to cause
a miscarriage of such female.
11 Del. C. 1953, § 654; 58 Del. Laws, c. 497, § 1; 70 Del. Laws, c. 186, § 1.;
§§ 655-760. [Reserved.]
§ 761. Definitions generally applicable to sexual offenses.
(a) "Cognitive disability" means a developmental disability that substantially impairs an individual's cognitive abilities
including, but not limited to, delirium, dementia and other organic brain disorders for which there is an identifiable pathologic
condition, as well as nonorganic brain disorders commonly called functional disorders. "Cognitive disability" also includes
conditions of mental retardation, severe cerebral palsy, and any other condition found to be closely related to mental retardation
because such condition results in the impairment of general intellectual functioning or adaptive behavior similar to that
of persons who have been diagnosed with mental retardation, or such condition requires treatment and services similar to those
required for persons who have been diagnosed with mental retardation.
(b) "Cunnilingus" means any oral contact with the female genitalia.
(c) "Fellatio" means any oral contact with the male genitalia.
(d) "Object" means any item, device, instrument, substance or any part of the body. It does not mean a medical instrument
used by a licensed medical doctor or nurse for the purpose of diagnosis or treatment.
(e) "Position of trust, authority or supervision over a child" includes, but is not limited to:
(1) Familial, guardianship or custodial authority or supervision; or
(2) A teacher, coach, counselor, advisor, mentor or any other person providing instruction or educational services to a child
or children, whether such person is compensated or acting as a volunteer; or
(3) A babysitter, child care provider, or child care aide, whether such person is compensated or acting as a volunteer; or
(4) A health professional, meaning any person who is licensed or who holds himself or herself out to be licensed or who otherwise
provides professional physical or mental health services, diagnosis, treatment or counseling which shall include, but not
be limited to, doctors of medicine and osteopathy, dentists, nurses, physical therapists, chiropractors, psychologists, social
workers, medical technicians, mental health counselors, substance abuse counselors, marriage and family counselors or therapists
and hypnotherapists, whether such person is compensated or acting as a volunteer; or
(5) Clergy, including but not limited to any minister, pastor, rabbi, lay religious leader, pastoral counselor or any other
person having regular direct contact with children through affiliation with a church or religious institution, whether such
person is compensated or acting as a volunteer; or
(6) Any law-enforcement officer, as that term is defined in § 222 of this title, and including any person acting as an officer
or counselor at a correctional or counseling institution, facility or organization, whether such person is compensated or
acting as a volunteer; or
(7) Any other person who because of that person's familial relationship, profession, employment, vocation, avocation or volunteer
service has regular direct contact with a child or children and in the course thereof assumes responsibility, whether temporarily
or permanently, for the care or supervision of a child or children.
(f) "Sexual contact" means:
(1) Any intentional touching by the defendant of the anus, breast, buttocks or genitalia of another person; or
(2) Any intentional touching of another person with the defendant's anus, breast, buttocks or genitalia; or
(3) Intentionally causing or allowing another person to touch the defendant's anus, breast, buttocks or genitalia
which touching, under the circumstances as viewed by a reasonable person, is intended to be sexual in nature. Sexual contact
shall also include touching when covered by clothing.
(g) "Sexual intercourse" means:
(1) Any act of physical union of the genitalia or anus of 1 person with the mouth, anus or genitalia of another person. It
occurs upon any penetration, however slight. Ejaculation is not required. This offense encompasses the crimes commonly known
as rape and sodomy; or
(2) Any act of cunnilingus or fellatio regardless of whether penetration occurs. Ejaculation is not required.
(h) "Sexual offense" means any offense defined by §§ 763-780 and §§ 1108-1112A, 1352(2) and 1353(2) of this title.
(i) "Sexual penetration" means:
(1) The unlawful placement of an object, as defined in subsection (d) of this section, inside the anus or vagina of another
person; or
(2) The unlawful placement of the genitalia or any sexual device inside the mouth of another person.
(j) "Without consent" means:
(1) The defendant compelled the victim to submit by any act of coercion as defined in §§ 791 and 792 of this title, or by
force, by gesture, or by threat of death, physical injury, pain or kidnapping to be inflicted upon the victim or a third party,
or by any other means which would compel a reasonable person under the circumstances to submit. It is not required that the
victim resist such force or threat to the utmost, or to resist if resistance would be futile or foolhardy, but the victim
need resist only to the extent that it is reasonably necessary to make the victim's refusal to consent known to the defendant;
or
(2) The defendant knew that the victim was unconscious, asleep or otherwise unaware that a sexual act was being performed;
or
(3) The defendant knew that the victim suffered from a cognitive disability, mental illness or mental defect which rendered
the victim incapable of appraising the nature of the sexual conduct or incapable of consenting; or
(4) Where the defendant is a health professional, as defined herein, or a minister, priest, rabbi or other member of a religious
organization engaged in pastoral counseling, the commission of acts of sexual contact, sexual penetration or sexual intercourse
by such person shall be deemed to be without consent of the victim where such acts are committed under the guise of providing
professional diagnosis, counseling or treatment and where at the times of such acts the victim reasonably believed the acts
were for medically or professionally appropriate diagnosis, counseling or treatment, such that resistance by the victim could
not reasonably have been manifested. For purposes of this paragraph, "health professional" includes all individuals who are
licensed or who hold themselves out to be licensed or who otherwise provide professional physical or mental health services,
diagnosis, treatment or counseling and shall include, but not be limited to, doctors of medicine and osteopathy, dentists,
nurses, physical therapists, chiropractors, psychologists, social workers, medical technicians, mental health counselors,
substance abuse counselors, marriage and family counselors or therapists and hypnotherapists; or
(5) The defendant had substantially impaired the victim's power to appraise or control the victim's own conduct by administering
or employing without the other person's knowledge or against the other person's will, drugs, intoxicants or other means for
the purpose of preventing resistance.
(k) A child who has not yet reached that child's sixteenth birthday is deemed unable to consent to a sexual act with a person
more than 4 years older than said child. Children who have not yet reached their twelfth birthday are deemed unable to consent
to a sexual act under any circumstances.
11 Del. C. 1953, § 773; 58 Del. Laws, c. 497, § 1; 60 Del. Laws, c. 416, § 1; 61 Del. Laws, c. 56; 65 Del. Laws, c. 494, § 1; 66 Del. Laws, c. 269, §§ 27, 28; 69 Del. Laws, c. 44, § 1; 69 Del. Laws, c. 440, §§ 1, 2; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 285, §§ 3-7; 71 Del. Laws, c. 467, § 6; 72 Del. Laws, c. 109, § 1; 74 Del. Laws, c. 345, § 2; 75 Del. Laws, c. 392, § 2; 76 Del. Laws, c. 66, § 1; 77 Del. Laws, c. 150, §§ 1-3; 77 Del. Laws, c. 318, § 1.;
§ 762. Provisions generally applicable to sexual offenses.
(a) Mistake as to age. -- Whenever in the definition of a sexual offense, the criminality of conduct or the degree of the
offense depends on whether the person has reached that person's sixteenth birthday, it is no defense that the actor did not
know the person's age, or that the actor reasonably believed that the person had reached that person's sixteenth birthday.
(b) Gender. -- Unless a contrary meaning is clearly required, the male pronoun shall be deemed to refer to both male and female.
(c) Separate acts of sexual contact, penetration and sexual intercourse. -- Nothing in this title precludes a defendant from
being charged with separate offenses when multiple acts of sexual contact, penetration or intercourse are committed against
the same victim.
(d) Teenage defendant. -- As to sexual offenses in which the victim's age is an element of the offense because the victim
has not yet reached that victim's sixteenth birthday, where the person committing the sexual act is no more than 4 years older
than the victim, it is an affirmative defense that the victim consented to the act "knowingly" as defined in § 231 of this
title. Sexual conduct pursuant to this section will not be a crime. This affirmative defense will not apply if the victim
had not yet reached that victim's twelfth birthday at the time of the act.
11 Del. C. 1953, § 772; 58 Del. Laws, c. 497, § 1; 59 Del. Laws, c. 547, § 3; 61 Del. Laws, c. 56, § 3; 65 Del. Laws, c. 494, § 1; 66 Del. Laws, c. 269, §§ 33, 34; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 285, §§ 8, 9; 75 Del. Laws, c. 392, § 3.;
§ 763. Sexual harassment; unclassified misdemeanor.
A person is guilty of sexual harassment when:
(1) The person threatens to engage in conduct likely to result in the commission of a sexual offense against any person; or
(2) The person suggests, solicits, requests, commands, importunes or otherwise attempts to induce another person to have sexual
contact or sexual intercourse or unlawful sexual penetration with the actor, knowing that the actor is thereby likely to cause
annoyance, offense or alarm to that person.
Sexual harassment is an unclassified misdemeanor.
65 Del. Laws, c. 494, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 764. Indecent exposure in the second degree; unclassified misdemeanor.
(a) A male is guilty of indecent exposure in the second degree if he exposes his genitals or buttocks under circumstances
in which he knows his conduct is likely to cause affront or alarm to another person.
(b) A female is guilty of indecent exposure in the second degree if she exposes her genitals, breast or butt
§ 601. Offensive touching; unclassified misdemeanor; class A misdemeanor.
(a) A person is guilty of offensive touching when the person:
(1) Intentionally touches another person either with a member of his or her body or with any instrument, knowing that the
person is thereby likely to cause offense or alarm to such other person; or
(2) Intentionally strikes another person with saliva, urine, feces or any other bodily fluid, knowing that the person is thereby
likely to cause offense or alarm to such other person.
(b) When charged with a violation of paragraph (a)(2) of this section, the defendant shall be tested for diseases transmittable
through bodily fluids, the cost of such tests to be assessed as costs upon conviction. The results of such tests shall be
provided only to the Attorney General, the victim of the offense, the defendant and the Department of Correction's medical
care provider.
(c) Any violation of paragraph (a)(1) of this section shall be an unclassified misdemeanor. Notwithstanding the above, any
violation of paragraph (a)(1) of this section shall be a class A misdemeanor when the victim is acting in the lawful performance
of the victim's duty as one of the following: law-enforcement officer, hospital or nursing home employee, physician, medical
professional, ambulance attendant, emergency medical technician, Delaware State Fire Police Officer, correctional officer,
volunteer firefighter or full-time firefighter. Any violation of paragraph (a)(2) of this section shall be a class A misdemeanor.
11 Del. C. 1953, § 601; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 382, § 1; 73 Del. Laws, c. 108, §§ 1, 2.;
§ 602. Menacing; unclassified misdemeanor.
(a) A person is guilty of menacing when by some movement of body or any instrument the person intentionally places another
person in fear of imminent physical injury.
Menacing is an unclassified misdemeanor.
(b) A person is guilty of aggravated menacing when by displaying what appears to be a deadly weapon that person intentionally
places another person in fear of imminent physical injury. Aggravated menacing is a class E felony.
11 Del. C. 1953, § 602; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 159, §§ 1, 2; 70 Del. Laws, c. 186, § 1.;
§ 603. Reckless endangering in the second degree; class A misdemeanor.
(a) A person is guilty of reckless endangering in the second degree when:
(1) The person recklessly engages in conduct which creates a substantial risk of physical injury to another person; or
(2) Being a parent, guardian or other person legally charged with the care or custody of a child less than 18 years old, the
person knowingly, intentionally or with criminal negligence acts in a manner which contributes to or fails to act to prevent
the unlawful possession and/or purchase of a firearm by a juvenile. It shall be an absolute defense to this paragraph if the
person charged had a lock on the trigger and did not tell or show the juvenile where the key to the trigger lock was kept.
It shall also be an absolute defense to this paragraph if the person had locked the firearm in a key or combination locked
container and did not tell or show the juvenile where the key was kept or what the combination was.
(b) Reckless endangering in the second degree is a class A misdemeanor.
11 Del. C. 1953, § 603; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 359, § 1.;
§ 604. Reckless endangering in the first degree; class E felony.
A person is guilty of reckless endangering in the first degree when the person recklessly engages in conduct which creates
a substantial risk of death to another person.
Reckless endangering in the first degree is a class E felony.
11 Del. C. 1953, § 604; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 69 Del. Laws, c. 24, § 2; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 34, § 9.;
§ 605. Abuse of a pregnant female in the second degree; class C felony.
(a) A person is guilty of abuse of a pregnant female in the second degree when in the course of or in furtherance of the commission
or attempted commission of assault third degree or any violent felony against or upon a pregnant female, or while in immediate
flight therefrom, the person recklessly and without her consent causes the unlawful termination of her pregnancy.
(b) It is no defense to a prosecution under this section that the person was unaware that the victim was pregnant.
(c) Prosecution under this section does not preclude prosecution under any other section of the Delaware Code. Abuse of a
pregnant female in the second degree is a class C felony.
72 Del. Laws, c. 43, § 3; 70 Del. Laws, c. 186, § 1.;
§ 606. Abuse of a pregnant female in the first degree; class B felony.
(a) A person is guilty of abuse of a pregnant female in the first degree when in the course of or in furtherance of the commission
or attempted commission of assault third degree any violent felony against or upon a pregnant female, or while in immediate
flight therefrom, the person intentionally and without her consent causes the unlawful termination of her pregnancy.
(b) It is no defense to a prosecution under this section that the person was unaware that the victim was pregnant.
(c) Prosecution under this section does not preclude prosecution under any other section of the Delaware Code. Abuse of a
pregnant female in the first degree is a class B felony.
72 Del. Laws, c. 43, § 4; 70 Del. Laws, c. 186, § 1.;
(a)(1) A person commits the offense of strangulation if the person knowingly or intentionally impedes the breathing or circulation
of the blood of another person by applying pressure on the throat or neck of the other person.
(2) Except as provided in paragraph (a)(3) of this section, strangulation is a class E felony.
(3) Strangulation is a class D felony if:
a. The person used or attempted to use a dangerous instrument or a deadly weapon while committing the offense; or
b. The person caused serious physical injury to the other person while committing the offense; or
c. The person has been previously convicted of strangulation.
(b) It is an affirmative defense that an act constituting strangulation was the result of a legitimate medical procedure.
77 Del. Laws, c. 256, § 1.;
§§ 608-610. [Reserved.]
§ 611. Assault in the third degree; class A misdemeanor.
A person is guilty of assault in the third degree when:
(1) The person intentionally or recklessly causes physical injury to another person; or
(2) With criminal negligence the person causes physical injury to another person by means of a deadly weapon or a dangerous
instrument.
Assault in the third degree is a class A misdemeanor.
11 Del. C. 1953, § 611; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 612. Assault in the second degree; class D felony.
(a) A person is guilty of assault in the second degree when:
(1) The person recklessly or intentionally causes serious physical injury to another person; or
(2) The person recklessly or intentionally causes physical injury to another person by means of a deadly weapon or a dangerous
instrument; or
(3) The person intentionally causes physical injury to a law-enforcement officer, a volunteer firefighter, a full-time firefighter,
emergency medical technician, paramedic, fire police officer, fire marshal, correctional officer, a sheriff, a deputy sheriff,
a code enforcement constable or a code enforcement officer who is acting in the lawful performance of duty. For purposes of
this subsection, if a law-enforcement officer is off duty and the nature of the assault is related to that law-enforcement
officer's official position, then it shall fall within the meaning of "official duties" of a law-enforcement officer; or
(4) The person intentionally causes physical injury to the operator of an ambulance, a rescue squad member, licensed practical
nurse, registered nurse, paramedic, licensed medical doctor or any other person while such person is rendering emergency care;
or
(5) The person recklessly or intentionally causes physical injury to another person who is 62 years of age or older; or
(6) The person intentionally assaults a law-enforcement officer while in the performance of the officer's duties, with any
disabling chemical spray, or with any aerosol or hand sprayed liquid or gas with the intent to incapacitate such officer and
prevent the officer from performing such duties; or
(7) The person intentionally, while engaged in commission of any crime enumerated in this chapter, assaults any other person
with any disabling chemical spray, or with any aerosol or hand sprayed liquid or gas with the intent to incapacitate the victim;
or
(8) The person intentionally causes physical injury to any state employee or officer when that employee or officer is discharging
or attempting to discharge a duty of employment or office; or
(9) The person recklessly or intentionally causes physical injury to a pregnant female. It is no defense to a prosecution
under this subsection that the person was unaware that the victim was pregnant; or
(10) A person who is 18 years of age or older and who recklessly or intentionally causes physical injury to another person
who has not yet reached the age of 6 years. In any prosecution of a parent, guardian, foster parent, legal custodian or other
person similarly responsible for the general care and supervision of a child victim pursuant to this paragraph, the State
shall be required to prove beyond a reasonable doubt the absence of any justification offered by § 468(1) of this title. In
any prosecution of a teacher or school administrator pursuant to this paragraph, the State shall be required to prove beyond
a reasonable doubt the absence of any justification offered by § 468(2) of this title; or
(11) The person recklessly or intentionally causes physical injury to a law enforcement officer, security officer, fire policeman,
fire fighter, paramedic, or emergency medical technician in the lawful performance of their duties by means of an electronic
control device shall be a class C felony.
(b) It is no defense, for an offense under paragraph (a)(5) of this section, that the accused did not know the person's age
or that the accused reasonably believed the person to be under the age of 62.
(c) It is no defense, for an offense under paragraph (a)(10) of this section, that the accused did not know the person's age
or that the accused reasonably believed the person to be 6 years of age or older.
(d) Assault in the second degree is a class D felony.
11 Del. C. 1953, § 612; 58 Del. Laws, c. 497, § 1; 63 Del. Laws, c. 50, § 1; 63 Del. Laws, c. 237, § 1; 67 Del. Laws, c. 130, § 8; 68 Del. Laws, c. 129, §§ 1, 3; 69 Del. Laws, c. 24, §§ 3, 4; 69 Del. Laws, c. 189, § 1; 69 Del. Laws, c. 367, § 1; 70 Del. Laws, c. 128, §§ 1-5; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 307, § 1; 71 Del. Laws, c. 374, §§ 4, 5; 72 Del. Laws, c. 34, § 10; 72 Del. Laws, c. 43, § 5; 72 Del. Laws, c. 173, §§ 1, 2; 73 Del. Laws, c. 126, §§ 3, 16; 74 Del. Laws, c. 199; 76 Del. Laws, c. 270, § 3; 77 Del. Laws, c. 119, § 1; 77 Del. Laws, c. 265, § 1.;
§ 613. Assault in the first degree; class B felony.
(a) A person is guilty of assault in the first degree when:
(1) The person intentionally causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument;
or
(2) The person intentionally disfigures another person seriously and permanently, or intentionally destroys, amputates or
disables permanently a member or organ of another person's body; or
(3) The person recklessly engages in conduct which creates a substantial risk of death to another person, and thereby causes
serious physical injury to another person; or
(4) While engaged in the commission of, or attempt to commit, or flight after committing or attempting to commit any felony,
the person intentionally or recklessly causes serious physical injury to another person; or
(5) The person intentionally causes serious physical injury to a law-enforcement officer, a volunteer firefighter, a full-time
firefighter, emergency medical technician, paramedic, fire police officer, fire marshal, a code enforcement constable or a
code enforcement officer who is acting in the lawful performance of duty; or
(6) The person intentionally causes serious physical injury to the operator of an ambulance, a rescue squad member, licensed
practical nurse, registered nurse, paramedic, licensed medical doctor or any other person while such person is rendering emergency
care; or
(7) The person intentionally causes serious physical injury to another person who is 62 years of age or older.
(b) It is no defense, for an offense under paragraph (a)(7) of this section, that the accused did not know the person's age
or that the accused reasonably believed the person to be under the age of 62.
(c) Assault in the first degree is a class B felony.
11 Del. C. 1953, § 613; 58 Del. Laws, c. 497, § 1; 63 Del. Laws, c. 50, § 2; 63 Del. Laws, c. 237, § 2; 67 Del. Laws, c. 130, § 8; 68 Del. Laws, c. 129, §§ 2, 3; 69 Del. Laws, c. 24, §§ 5, 6; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 34, § 11; 73 Del. Laws, c. 126, §§ 4, 16; 74 Del. Laws, c. 106, § 1; 75 Del. Laws, c. 168, § 1; 77 Del. Laws, c. 119, § 2; 77 Del. Laws, c. 265, § 2.;
§ 614. Abuse of a sports official; class G felony; class A misdemeanor.
(a) A person is guilty of abuse of a sports official whenever the person intentionally or recklessly commits the following
acts against a sports official who is acting in the lawful performance of duty:
(1) Reckless endangering in the second degree, as set forth in § 603 of this title; or
(2) Assault in the third degree, as set forth in § 611 of this title; or
(3) Terroristic threatening, as set forth in § 621 of this title; or
(4) Criminal mischief, as set forth in § 811 of this title.
(b) For purposes of this section, the words "sports official" shall mean any person who serves as a registered, paid or volunteer
referee, umpire, line judge or acts in any similar capacity during a sporting event. For purposes of this section, the words,
"lawful performance of duty" means the time immediately prior to, during and/or immediately after the sporting event.
(c) Whoever violates subsection (a) of this section shall be guilty of a class A misdemeanor. Upon conviction for a second
or subsequent offense under this section, such person shall be guilty of a class G felony. Notwithstanding Chapter 42 of this
title, such person shall be fined not less than $1,000 nor more than $2,350. In addition to the fines imposed by this subsection,
any person who is guilty of abuse of a sports official shall be prohibited from participating in and/or attending any organized
sporting event for a period of not less than 3 months nor more than 12 months.
(d) Except as provided in § 922 of Title 10, and notwithstanding any other provision of law to the contrary, the Court of
Common Pleas shall have original jurisdiction to hear, try and finally determine any violation of this section, and any other
misdemeanor violation of any offense set forth in this title which was allegedly committed during the same incident. Prosecution
under this section shall not preclude a separate charge, conviction and sentence for any other crime set forth in the Code.
67 Del. Laws, c. 247, § 1; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 342, § 1.;
§ 615. Assault by abuse or neglect; class B felony.
(a) A person is guilty of assault by abuse or neglect when the person recklessly causes serious physical injury to a child:
(1) Through an act of abuse and/or neglect of such child; or
(2) When the person has engaged in a previous pattern of abuse and/or neglect of such child.
(b) For the purposes of this section:
(1) "Child" shall refer to any person who has not yet reached that person's 14/ft/fh birthday.
(2) "Abuse" and "neglect" shall have the same meaning as set forth in § 1103 of this title.
(3) "Previous pattern" of abuse and/or neglect shall mean 2 or more incidents of conduct:
a. That constitute an act of abuse and/or neglect; and
b. Are not so closely related to each other or connected in point of time and place that they constitute a single event.
(c) A conviction is not required for an act of abuse or neglect to be used in prosecution of a matter under this section,
including an act used as proof of a previous pattern as defined in this paragraph. A conviction for any act of abuse or neglect,
including one which may be relied upon to establish a previous pattern of abuse and/or neglect, does not preclude prosecution
under this section. Prosecution under this section does not preclude prosecution under any other section of the Code.
(d) Assault by abuse or neglect is a class B felony.
72 Del. Laws, c. 197, § 1.;
§ 616. Gang participation.
(a) Definitions. -- The following terms shall have the following meaning as used in this section.
(1) "Criminal street gang" means any ongoing organization, association, or group of 3 or more persons, whether formal or informal,
having as 1 of its primary activities the commission of one or more of the criminal acts enumerated in paragraph (a)(2) of
this section, having a common name or common identifying sign or symbol, and whose members individually or collectively engage
in or have engaged in a pattern of criminal gang activity.
(2) "Pattern of criminal gang activity" means the commission of attempted commission of, conspiracy to commit, solicitation
of, or conviction of 2 or more of the following criminal offenses, provided that at least 1 of these offenses occurred after
July 1, 2003, and that the last of those offenses occurred within 3 years after a prior offense, and provided that the offenses
were committed on separate occasions, or by 2 or more persons:
a. Assault, as defined in § 612 or § 613 of this title.
b. Any criminal acts causing death as defined in §§ 632--636 of this title.
c. Any criminal acts relating to sexual offenses defined in §§ 768--780 of this title.
d. Any criminal offenses relating to unlawful imprisonment or kidnapping which are defined in §§ 782--783A of this title.
e. Any criminal acts of arson as defined in §§ 801--803 of this title.
f. Any criminal acts relating to burglary which are defined in §§ 824--826 of this Title.
g. Any criminal acts relating to robbery which are defined in §§ 831 and 832 of this title.
h. Any criminal acts relating to theft or extortion which are defined in § 841, § 849 or § 851 of this title, provided that
such acts meet the requirements of felony offenses under said sections.
i. Any criminal acts relating to riot, unlawful disruption, hate crimes, stalking or bombs which are defined in § 1302, former
§ 1303 [repealed], § 1304, § 1312A or § 1338 of this title, provided that such acts meet the requirements of felony offenses
under said sections.
j. Any criminal acts involving deadly weapons or dangerous instruments which are defined in § 1442, § 1444, §§ 1447--1448,
§ 1449, § 1450, § 1451, § 1454 or § 1455 of this title.
k. Any criminal acts involving controlled substances which are defined by §§ 4751, 4752, 4753A, 4755, 4756, 4761, 4761A of
Title 16.
(b) Forbidden conduct. -- A person who actively participates in any criminal street gang with knowledge that its members engage
in or have engaged in a pattern of criminal gang activity and who knowingly promotes, furthers or assists in any criminal
conduct by members of that gang which would constitute a felony under Delaware law, shall be guilty of illegal gang participation.
Illegal gang participation is a class F felony.
(c) Sentencing enhancements. --
(1) Any person who is convicted of a class E felony committed for the benefit of, at the direction of, or in association with
any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members,
shall, upon conviction of that felony, be sentenced consistent with the sentence dictated by Delaware law for a class D felony
under § 4205(b)(4) of this title.
(2) Any person who is convicted of a class D felony committed for the benefit of, at the direction of, or in association with
any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members,
shall, upon conviction of that felony, be sentenced consistent with the sentence dictated by Delaware law for a class C felony
under § 4205(b)(3) of this title.
(3) Any person who is convicted of a class C felony committed for the benefit of, at the direction of, or in association with
any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members,
shall, upon conviction of that felony, be sentenced consistent with the sentence dictated by Delaware law for a class B felony
under § 4205(b)(2) of this title.
74 Del. Laws, c. 115, § 1.;
§ 617. Criminal youth gangs.
(a) Definitions. -- The following words, terms and phrases, when used in this chapter, shall have their meaning ascribed to
them except where the context clearly indicates a different meaning.
(1) "Criminal youth gang" shall mean a group of 3 or more persons with a gang name or other identifier which either promotes,
sponsors, assists in, participates in or requires as a condition of membership submission to group initiation that results
in any felony or any class A misdemeanor set forth in this title or Title 16.
(2) "Identifier" shall mean common identifying signs, symbols, tattoos, markings, graffiti, or attire or other distinguishing
characteristics or indicia of gang membership.
(3) "Student" shall mean any person enrolled in a school grades preschool through 12.
(b) Recruitment or retention of juveniles or students for a criminal street gang or criminal youth gang; penalties. --
(1) Any person who solicits, invites, recruits, encourages or otherwise causes or attempts to cause a juvenile or student
to participate in or be come a member of a criminal street gang as defined in § 616(a) of this title or criminal youth gang
is guilty of a class G felony.
(2) Any person who,
a. In order to encourage a juvenile or student to:
1. Join a criminal youth gang or criminal street gang,
2. Remain as a participant in or a member of a criminal youth gang or criminal street gang, or
3. Submit to a demand by a criminal youth gang or criminal street gang to commit a crime; or
b. In order to prevent a juvenile or student from withdrawing or attempting to withdraw from a criminal youth gang or criminal
street gang threatens to commit any crime likely to result in death or in physical injury to the juvenile, the juvenile's
property, a member of that juvenile's family or household, or their property; or commits a crime which results in physical
injury or death to the juvenile, the juvenile's property, a member of that juvenile's family or household, or their property
shall be guilty of a class F felony and shall constitute a separate and distinct offense. If the acts or activities violating
this section also violate another provision of law, a prosecution under this section shall not prohibit or bar any prosecution
or proceeding under such other provision or the imposition of any penalties provided for thereby.
75 Del. Laws, c. 421, § 1; 70 Del. Laws, c. 186, § 1.;
§§ 618-620. [Reserved.]
§ 621. Terroristic threatening.
(a) A person is guilty of terroristic threatening when that person commits any of the following:
(1) The person threatens to commit any crime likely to result in death or in serious injury to person or property;
(2) The person makes a false statement or statements:
a. Knowing that the statement or statements are likely to cause evacuation of a building, place of assembly, or facility of
public transportation;
b. Knowing that the statement or statements are likely to cause serious inconvenience; or
c. In reckless disregard of the risk of causing terror or serious inconvenience; or
(3) The person commits an act with intent of causing an individual to believe that the individual has been exposed to a substance
that will cause the individual death or serious injury.
(b) Any violation of paragraph (a)(1) of this section shall be a class A misdemeanor except where the victim is a person 62
years of age or older, in which case any violation of paragraph (a)(1) of this section shall be a class G felony. Any violation
of paragraph (a)(2) of this section shall be a class G felony unless the place at which the risk of evacuation, serious inconvenience
or terror is created is a place that has the purpose, in whole or in part, of acting as a daycare facility, nursery or preschool,
kindergarten, elementary, secondary or vocational-technical school, or any long-term care facility in which elderly persons
are housed, in which case it shall be a class F felony. Any violation of paragraph (a)(3) of this section shall be a class
F felony. Notwithstanding any provision of this subsection to the contrary, a first offense of paragraph (a)(2) of this section
by a person 17 years old or younger shall be a class A misdemeanor.
(c) In addition to the penalties otherwise authorized by law, any person convicted of an offense in violation of paragraph
(a)(2) of this section shall:
(1) Pay a fine of not less than $1,000 nor more than $2,500, which fine cannot be suspended; and
(2) Be sentenced to perform a minimum of 100 hours of community service.
(d) In addition to the penalties otherwise authorized by law, any person convicted of an offense in violation of paragraph
(a)(3) of this section shall pay a fine of not less than $2,000, which fine cannot be suspended.
11 Del. C. 1953, § 621; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 330, § 1; 73 Del. Laws, c. 126, §§ 5, 6; 73 Del. Laws, c. 255, § 1.;
§ 622. Hoax device; class F felony.
(a) Whoever possesses, transports, uses or places or causes another to knowingly or unknowingly possess, transport, use or
place any hoax device with the intent to cause anxiety, unrest, fear or personal discomfort to any person or group of persons
shall be guilty of a class F felony.
(b) For the purposes of this section the following definitions shall apply:
(1) "Destructive device" means any explosive, incendiary, or chemical material or over-pressure device which will rapidly
expand in a manner to project material outward at such a rate to cause injury to persons or damage to property.
(2) "Explosive" means any chemical compound, or other substance or containing oxidizing and combustible units or other ingredients
in such proportions or quantities that ignition, fire, friction, concussion, percussion, or detonator may produce an explosion
capable of causing injury to persons or damage to property.
(3) "Hoax device" shall mean any object or item that would cause a person to reasonably believe that such object or item is
or contains a destructive device, Molotov cocktail, incendiary device, or over-pressure device which could cause injury or
death.
(4) "Incendiary device" means any item designed to ignite by hand, chemical reaction, timer or by spontaneous combustion and
is not designed for lawful purposes or use whatsoever, or any lawful use or purpose has been terminated.
(5) "Molotov cocktail" means a makeshift incendiary bomb made of a breakable container filled with flammable liquid and provided
with a wick composed of any substance capable of bringing flame into contact with a wick composed of any substance capable
of bringing flame into contact with a liquid.
(6) "Over-pressure device" means a frangible container filled with an explosive gas, chemical or combination of materials,
which is designed or constructed so as to cause the container to break or fracture in a manner which is capable of causing
death, bodily harm, or property damage.
74 Del. Laws, c. 420, § 1.;
§§ 623, 624. [Reserved.]
§ 625. Unlawfully administering drugs; class A misdemeanor.
A person is guilty of unlawfully administering drugs when, for a purpose other than lawful medical or therapeutic treatment,
the person intentionally causes stupor, unconsciousness or other alteration of the physical or mental condition of another
person by administering to the other person, without consent, a drug.
Unlawfully administering drugs is a class A misdemeanor.
11 Del. C. 1953, § 625; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 626. Unlawfully administering controlled substance or counterfeit substance or narcotic drugs; class G felony.
A person is guilty of unlawfully administering a controlled substance or counterfeit substance or narcotic drugs when, for
a purpose other than lawful medical or therapeutic treatment, the person intentionally introduces or causes introduction into
the body of another person, without consent, a controlled substance or counterfeit substance or narcotic drug.
Unlawfully administering controlled substance or counterfeit substance or narcotic drugs is a class G felony.
11 Del. C. 1953, § 626; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 627. Prohibited acts as to substances releasing vapors or fumes; unclassified misdemeanor.
No person shall:
(1) Intentionally smell or inhale the vapors or fumes from any substance having the property of releasing vapors or fumes
for the purpose of producing a condition of intoxication, inebriation, exhilaration, stupefaction or lethargy or for the purpose
of dulling the brain or nervous system; provided, that nothing in this section shall prohibit the inhalation of the vapors
or fumes of any anesthesia for medical or dental purposes;
(2) Sell or offer to sell to any person any material, product or article of commerce containing any substance having a property
of releasing vapors or fumes, if the person has knowledge or is in the possession of such facts that the person should have
knowledge that the material, product or article of commerce sold or offered will be used for the purpose of committing any
of the acts proscribed in paragraph (1) of this section;
(3) Purchase or offer to purchase for the person or any other person any material, product or article of commerce containing
any substance having the property of releasing vapors and fumes if such purchase or offer to purchase is made for the purpose
of committing any of the acts proscribed in paragraph (1) of this section.
Any violation of this section shall be an unclassified misdemeanor.
11 Del. C. 1953, § 627; 58 Del. Laws, c. 497, § 1; 65 Del. Laws, c. 286, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 628. Vehicular assault in the second degree; class B misdemeanor.
A person is guilty of vehicular assault in the second degree when:
(1) While in the course of driving or operating a motor vehicle, the person's criminally negligent driving or operation of
said vehicle causes serious physical injury to another person; or
(2) While in the course of driving or operating a motor vehicle and under the influence of alcohol or drugs or with a prohibited
alcohol or drug content, as defined by § 4177 of Title 21, the person's negligent driving or operation of said vehicle causes
physical injury to another person.
Vehicular assault in the second degree is a class B misdemeanor.
63 Del. Laws, c. 88, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 333, § 5; 75 Del. Laws, c. 315, § 7.;
§ 629. Vehicular assault in the first degree; class F felony.
A person is guilty of vehicular assault in the first degree when while in the course of driving or operating a motor vehicle
and under the influence of alcohol or drugs or with a prohibited alcohol or drug content, as defined by § 4177 of Title 21,
the person's negligent driving or operation of said vehicle causes serious physical injury to another person.
Vehicular assault in the first degree is a class F felony.
63 Del. Laws, c. 88, § 2; 67 Del. Laws, c. 130, § 8; 68 Del. Laws, c. 361, §§ 1, 2; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 333, § 5; 75 Del. Laws, c. 315, § 7.;
§ 630. Vehicular homicide in the second degree; class F felony; minimum sentence; juvenile offenders.
(a) A person is guilty of vehicular homicide in the second degree when:
(1) While in the course of driving or operating a motor vehicle, the person's criminally negligent driving or operation of
said vehicle causes the death of another person; or
(2) While in the course of driving or operating a motor vehicle, under the influence of alcohol or drugs or with a prohibited
alcohol or drug content, as defined by § 4177 of Title 21, the person's negligent driving or operation of said vehicle causes
the death of another person.
Vehicular homicide in the second degree is a class F felony.
(b) The minimum sentence required by paragraph (a)(2) of this section shall be 1 year, notwithstanding § 4205(b)(6) of this
title. The minimum sentence shall not be subject to suspension, and no person convicted under this section shall be eligible
for probation, parole, furlough, work release or supervised custody during the first year of such sentence.
(c) Every person charged under this section after having reached their 16th birthday, shall be treated for purposes of trial
or other disposition of the charge, including but not limited to sentencing, as an adult, notwithstanding any contrary provisions
of statutes governing the Family Court, or any other state law, except that the mandatory minimum sentencing provisions of
subsection (b) of this section and § 630A(b) of this title shall not apply to juveniles. Any such case involving a juvenile
shall be subject to the transfer provisions of § 1011 of Title 10. Any period of incarceration imposed upon a juvenile by
operation of this section shall be served in a juvenile correctional facility until the person attains their 18th birthday,
at which time the person shall be transferred to the appropriate adult correctional institution or jail to serve any remaining
portion of the sentence.
63 Del. Laws, c. 88, § 3; 65 Del. Laws, c. 357, § 1; 67 Del. Laws, c. 130, § 8; 67 Del. Laws, c. 246, § 1; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 333, § 5; 75 Del. Laws, c. 315, § 7.;
§ 630A. Vehicular homicide in the first degree; class E felony; minimum sentence; juvenile offenders.
(a) A person is guilty of vehicular homicide in the first degree when while in the course of driving or operating a motor
vehicle under the influence of alcohol or drugs or with a prohibited alcohol or drug content, as defined by § 4177 of Title
21, the person's criminally negligent driving or operation of said vehicle causes the death of another person.
Vehicular homicide in the first degree is a class E felony.
(b) The minimum sentence required by this section shall be 2 years, notwithstanding § 4205(b)(5) of this title. The minimum
sentence shall not be subject to suspension, and no person convicted under this section shall be eligible for probation, parole,
furlough, work release or supervised custody during the first 18 months of such sentence.
(c) Every person charged under this section after having reached their 16th birthday, shall be treated for purposes of trial
or other disposition of the charge, including but not limited to sentencing, as an adult, notwithstanding any contrary provisions
of statutes governing the Family Court, or any other state law, except that the mandatory minimum sentencing provisions of
subsection (b) of this section and § 630(b) of this title shall not apply to juveniles. Any such case involving a juvenile
shall be subject to the transfer provisions of § 1011 of Title 10. Any period of incarceration imposed upon a juvenile by
operation of this section shall be served in a juvenile correctional facility until the person attains their 18th birthday,
at which time the person shall be transferred to the appropriate adult correctional institution or jail to serve any remaining
portion of the sentence.
63 Del. Laws, c. 88, § 4; 65 Del. Laws, c. 357, § 2; 67 Del. Laws, c. 130, § 8; 67 Del. Laws, c. 246, § 1; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 333, § 5; 75 Del. Laws, c. 315, § 7.;
§ 631. Criminally negligent homicide; class E felony.
A person is guilty of criminally negligent homicide when, with criminal negligence, the person causes the death of another
person.
Criminally negligent homicide is a class E felony.
11 Del. C. 1953, § 631; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 632. Manslaughter; class B felony.
A person is guilty of manslaughter when:
(1) The person recklessly causes the death of another person; or
(2) With intent to cause serious physical injury to another person the person causes the death of such person, employing means
which would to a reasonable person in the defendant's situation, knowing the facts known to the defendant, seem likely to
cause death; or
(3) The person intentionally causes the death of another person under circumstances which do not constitute murder because
the person acts under the influence of extreme emotional disturbance; or
(4) The person commits upon a female an abortion which causes her death, unless such abortion is a therapeutic abortion and
the death is not the result of reckless conduct; or
(5) The person intentionally causes another person to commit suicide.
Manslaughter is a class B felony.
11 Del. C. 1953, § 632; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 106, § 2.;
§ 633. Murder by abuse or neglect in the second degree; class B felony.
(a) A person is guilty of murder by abuse or neglect in the second degree when, with criminal negligence, the person causes
the death of a child:
(1) Through an act of abuse and/or neglect of such child; or
(2) When the person has engaged in a previous pattern of abuse and/or neglect of such child.
(b) For the purpose of this section:
(1) "Abuse" and "neglect" shall have the same meaning as set forth in § 1103 of this title.
(2) "Child" shall refer to any person who has not yet reached that person's 14th birthday.
(3) "Previous pattern" of abuse and/or neglect shall mean 2 or more incidents of conduct:
a. That constitute an act of abuse and/or neglect; and
b. Are not so closely related to each other or connected in point of time and place that they constitute a single event.
(c) A conviction is not required for an act of abuse or neglect to be used in prosecution of a matter under this section,
including an act used as proof of a previous pattern as defined in paragraph (b)(3) of this section. A conviction for any
act of abuse or neglect, including one which may be relied upon to establish a previous pattern of abuse and/or neglect does
not preclude prosecution under this section. Prosecution under this section does not preclude prosecution under any other
section of the Code.
(d) Murder by abuse or neglect in the second degree is a class B felony. Notwithstanding any provision of this title to the
contrary, the minimum sentence for a person convicted of murder by abuse or neglect in the second degree in violation of this
section shall be 10 years at Level V.
70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 266, § 1; 70 Del. Laws, c. 382, § 1; 72 Del. Laws, c. 197, §§ 2-4.;
§ 634. Murder by abuse or neglect in the first degree; class A felony.
(a) A person is guilty of murder by abuse or neglect in the first degree when the person recklessly causes the death of a
child:
(1) Through an act of abuse and/or neglect of such child; or
(2) When the person has engaged in a previous pattern of abuse and/or neglect of such child.
(b) For the purpose of this section:
(1) "Abuse" and "neglect" shall have the same meaning as set forth in § 1103 of this title.
(2) "Child" shall refer to any person who has not yet reached that person's 14th birthday.
(3) "Previous pattern" of abuse and/or neglect shall mean 2 or more incidents of conduct:
a. That constitute an act of abuse and/or neglect; and
b. Are not so closely related to each other or connected in point of time and place that they constitute a single event.
(c) A conviction is not required for an act of abuse or neglect to be used in prosecution of a matter under this section including
an act used as proof of the previous pattern as defined in paragraph (b)(3) of this section. A conviction for any act of abuse
or neglect including one which may be relied upon to establish the previous pattern of abuse and/or neglect does not preclude
prosecution under this section. Prosecution under this section does not preclude prosecution under any other section of the
Code.
(d) Murder by abuse or neglect in the first degree is a class A felony.
70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 266, § 2; 72 Del. Laws, c. 197, §§ 5, 6.;
§ 635. Murder in the second degree; class A felony.
A person is guilty of murder in the second degree when:
(1) The person recklessly causes the death of another person under circumstances which manifest a cruel, wicked and depraved
indifference to human life; or
(2) While engaged in the commission of, or attempt to commit, or flight after committing or attempting to commit any felony,
the person, with criminal negligence, causes the death of another person.
Murder in the second degree is a class A felony.
11 Del. C. 1953, § 635; 58 Del. Laws, c. 497, § 1; 59 Del. Laws, c. 203, § 35; 67 Del. Laws, c. 130, § 8; 67 Del. Laws, c. 350, § 29; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 106, § 3; 74 Del. Laws, c. 246, § 1.;
§ 636. Murder in the first degree; class A felony.
(a) A person is guilty of murder in the first degree when:
(1) The person intentionally causes the death of another person;
(2) While engaged in the commission of, or attempt to commit, or flight after committing or attempting to commit any felony,
the person recklessly causes the death of another person.
(3) The person intentionally causes another person to commit suicide by force or duress;
(4) The person recklessly causes the death of a law-enforcement officer, corrections employee, fire fighter, paramedic, emergency
medical technician, fire marshal or fire police officer while such officer is in the lawful performance of duties;
(5) The person causes the death of another person by the use of or detonation of any bomb or similar destructive device;
(6) The person causes the death of another person in order to avoid or prevent the lawful arrest of any person, or in the
course of and in furtherance of the commission or attempted commission of escape in the second degree or escape after conviction.
(b) Murder in the first degree is a class A felony and shall be punished as provided in § 4209 of this title.
11 Del. C. 1953, § 636; 58 Del. Laws, c. 497, § 1; 59 Del. Laws, c. 284, § 1; 63 Del. Laws, c. 354, § 1; 66 Del. Laws, c. 269, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 285, § 2; 74 Del. Laws, c. 246, §§ 2, 3; 77 Del. Laws, c. 191, § 1.;
§§ 637-640. [Reserved.]
§ 641. Extreme emotional distress.
The fact that the accused intentionally caused the death of another person under the influence of extreme emotional distress
is a mitigating circumstance, reducing the crime of murder in the first degree as defined by § 636 of this title to the crime
of manslaughter as defined by § 632 of this title. The fact that the accused acted under the influence of extreme emotional
distress must be proved by a preponderance of the evidence. The accused must further prove by a preponderance of the evidence
that there is a reasonable explanation or excuse for the existence of the extreme emotional distress. The reasonableness of
the explanation or excuse shall be determined from the viewpoint of a reasonable person in the accused's situation under the
circumstances as the accused believed them to be. Extreme emotional distress is not reasonably explained or excused when it
is caused or occasioned by the accused's own mental disturbance for which the accused was culpably responsible, or by any
provocation, event or situation for which the accused was culpably responsible, or when there is no causal relationship between
the provocation, event or situation which caused the extreme emotional distress and the victim of the murder. Evidence of
voluntary intoxication shall not be admissible for the purpose of showing that the accused was acting under the influence
of extreme emotional distress.
11 Del. C. 1953, § 641; 58 Del. Laws, c. 497, § 1; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 127, § 1.;
§§ 642-644. [Reserved.]
§ 645. Promoting suicide; class F felony.
A person is guilty of promoting suicide when the person intentionally causes or aids another person to attempt suicide, or
when the person intentionally aids another person to commit suicide.
Promoting suicide is a class F felony.
11 Del. C. 1953, § 645; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§§ 646-650. [Reserved.]
§ 651. Abortion; class F felony.
A person is guilty of abortion when the person commits upon a pregnant female an abortion which causes the miscarriage of
the female, unless the abortion is a therapeutic abortion.
Abortion is a class F felony.
11 Del. C. 1953, § 651; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 652. Self-abortion; class A misdemeanor.
A female is guilty of self-abortion when she, being pregnant, commits or submits to an abortion upon herself which causes
her abortion, unless the abortion is a therapeutic abortion.
Self-abortion is a class A misdemeanor.
11 Del. C. 1953, § 652; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 653. Issuing abortional articles; class B misdemeanor.
A person is guilty of issuing abortional articles when the person manufactures, sells or delivers any instrument, article,
medicine, drug or substance with intent that the same be used in committing an abortion upon a female in circumstances which
would constitute a crime defined by this Criminal Code.
Issuing abortional articles is a class B misdemeanor.
11 Del. C. 1953, § 653; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 654. "Abortion" defined.
"Abortion" means an act committed upon or with respect to a female, whether by another person or by the female herself, whether
directly upon her body or by the administering, taking or prescription of drugs or in any other manner, with intent to cause
a miscarriage of such female.
11 Del. C. 1953, § 654; 58 Del. Laws, c. 497, § 1; 70 Del. Laws, c. 186, § 1.;
§§ 655-760. [Reserved.]
§ 761. Definitions generally applicable to sexual offenses.
(a) "Cognitive disability" means a developmental disability that substantially impairs an individual's cognitive abilities
including, but not limited to, delirium, dementia and other organic brain disorders for which there is an identifiable pathologic
condition, as well as nonorganic brain disorders commonly called functional disorders. "Cognitive disability" also includes
conditions of mental retardation, severe cerebral palsy, and any other condition found to be closely related to mental retardation
because such condition results in the impairment of general intellectual functioning or adaptive behavior similar to that
of persons who have been diagnosed with mental retardation, or such condition requires treatment and services similar to those
required for persons who have been diagnosed with mental retardation.
(b) "Cunnilingus" means any oral contact with the female genitalia.
(c) "Fellatio" means any oral contact with the male genitalia.
(d) "Object" means any item, device, instrument, substance or any part of the body. It does not mean a medical instrument
used by a licensed medical doctor or nurse for the purpose of diagnosis or treatment.
(e) "Position of trust, authority or supervision over a child" includes, but is not limited to:
(1) Familial, guardianship or custodial authority or supervision; or
(2) A teacher, coach, counselor, advisor, mentor or any other person providing instruction or educational services to a child
or children, whether such person is compensated or acting as a volunteer; or
(3) A babysitter, child care provider, or child care aide, whether such person is compensated or acting as a volunteer; or
(4) A health professional, meaning any person who is licensed or who holds himself or herself out to be licensed or who otherwise
provides professional physical or mental health services, diagnosis, treatment or counseling which shall include, but not
be limited to, doctors of medicine and osteopathy, dentists, nurses, physical therapists, chiropractors, psychologists, social
workers, medical technicians, mental health counselors, substance abuse counselors, marriage and family counselors or therapists
and hypnotherapists, whether such person is compensated or acting as a volunteer; or
(5) Clergy, including but not limited to any minister, pastor, rabbi, lay religious leader, pastoral counselor or any other
person having regular direct contact with children through affiliation with a church or religious institution, whether such
person is compensated or acting as a volunteer; or
(6) Any law-enforcement officer, as that term is defined in § 222 of this title, and including any person acting as an officer
or counselor at a correctional or counseling institution, facility or organization, whether such person is compensated or
acting as a volunteer; or
(7) Any other person who because of that person's familial relationship, profession, employment, vocation, avocation or volunteer
service has regular direct contact with a child or children and in the course thereof assumes responsibility, whether temporarily
or permanently, for the care or supervision of a child or children.
(f) "Sexual contact" means:
(1) Any intentional touching by the defendant of the anus, breast, buttocks or genitalia of another person; or
(2) Any intentional touching of another person with the defendant's anus, breast, buttocks or genitalia; or
(3) Intentionally causing or allowing another person to touch the defendant's anus, breast, buttocks or genitalia
which touching, under the circumstances as viewed by a reasonable person, is intended to be sexual in nature. Sexual contact
shall also include touching when covered by clothing.
(g) "Sexual intercourse" means:
(1) Any act of physical union of the genitalia or anus of 1 person with the mouth, anus or genitalia of another person. It
occurs upon any penetration, however slight. Ejaculation is not required. This offense encompasses the crimes commonly known
as rape and sodomy; or
(2) Any act of cunnilingus or fellatio regardless of whether penetration occurs. Ejaculation is not required.
(h) "Sexual offense" means any offense defined by §§ 763-780 and §§ 1108-1112A, 1352(2) and 1353(2) of this title.
(i) "Sexual penetration" means:
(1) The unlawful placement of an object, as defined in subsection (d) of this section, inside the anus or vagina of another
person; or
(2) The unlawful placement of the genitalia or any sexual device inside the mouth of another person.
(j) "Without consent" means:
(1) The defendant compelled the victim to submit by any act of coercion as defined in §§ 791 and 792 of this title, or by
force, by gesture, or by threat of death, physical injury, pain or kidnapping to be inflicted upon the victim or a third party,
or by any other means which would compel a reasonable person under the circumstances to submit. It is not required that the
victim resist such force or threat to the utmost, or to resist if resistance would be futile or foolhardy, but the victim
need resist only to the extent that it is reasonably necessary to make the victim's refusal to consent known to the defendant;
or
(2) The defendant knew that the victim was unconscious, asleep or otherwise unaware that a sexual act was being performed;
or
(3) The defendant knew that the victim suffered from a cognitive disability, mental illness or mental defect which rendered
the victim incapable of appraising the nature of the sexual conduct or incapable of consenting; or
(4) Where the defendant is a health professional, as defined herein, or a minister, priest, rabbi or other member of a religious
organization engaged in pastoral counseling, the commission of acts of sexual contact, sexual penetration or sexual intercourse
by such person shall be deemed to be without consent of the victim where such acts are committed under the guise of providing
professional diagnosis, counseling or treatment and where at the times of such acts the victim reasonably believed the acts
were for medically or professionally appropriate diagnosis, counseling or treatment, such that resistance by the victim could
not reasonably have been manifested. For purposes of this paragraph, "health professional" includes all individuals who are
licensed or who hold themselves out to be licensed or who otherwise provide professional physical or mental health services,
diagnosis, treatment or counseling and shall include, but not be limited to, doctors of medicine and osteopathy, dentists,
nurses, physical therapists, chiropractors, psychologists, social workers, medical technicians, mental health counselors,
substance abuse counselors, marriage and family counselors or therapists and hypnotherapists; or
(5) The defendant had substantially impaired the victim's power to appraise or control the victim's own conduct by administering
or employing without the other person's knowledge or against the other person's will, drugs, intoxicants or other means for
the purpose of preventing resistance.
(k) A child who has not yet reached that child's sixteenth birthday is deemed unable to consent to a sexual act with a person
more than 4 years older than said child. Children who have not yet reached their twelfth birthday are deemed unable to consent
to a sexual act under any circumstances.
11 Del. C. 1953, § 773; 58 Del. Laws, c. 497, § 1; 60 Del. Laws, c. 416, § 1; 61 Del. Laws, c. 56; 65 Del. Laws, c. 494, § 1; 66 Del. Laws, c. 269, §§ 27, 28; 69 Del. Laws, c. 44, § 1; 69 Del. Laws, c. 440, §§ 1, 2; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 285, §§ 3-7; 71 Del. Laws, c. 467, § 6; 72 Del. Laws, c. 109, § 1; 74 Del. Laws, c. 345, § 2; 75 Del. Laws, c. 392, § 2; 76 Del. Laws, c. 66, § 1; 77 Del. Laws, c. 150, §§ 1-3; 77 Del. Laws, c. 318, § 1.;
§ 762. Provisions generally applicable to sexual offenses.
(a) Mistake as to age. -- Whenever in the definition of a sexual offense, the criminality of conduct or the degree of the
offense depends on whether the person has reached that person's sixteenth birthday, it is no defense that the actor did not
know the person's age, or that the actor reasonably believed that the person had reached that person's sixteenth birthday.
(b) Gender. -- Unless a contrary meaning is clearly required, the male pronoun shall be deemed to refer to both male and female.
(c) Separate acts of sexual contact, penetration and sexual intercourse. -- Nothing in this title precludes a defendant from
being charged with separate offenses when multiple acts of sexual contact, penetration or intercourse are committed against
the same victim.
(d) Teenage defendant. -- As to sexual offenses in which the victim's age is an element of the offense because the victim
has not yet reached that victim's sixteenth birthday, where the person committing the sexual act is no more than 4 years older
than the victim, it is an affirmative defense that the victim consented to the act "knowingly" as defined in § 231 of this
title. Sexual conduct pursuant to this section will not be a crime. This affirmative defense will not apply if the victim
had not yet reached that victim's twelfth birthday at the time of the act.
11 Del. C. 1953, § 772; 58 Del. Laws, c. 497, § 1; 59 Del. Laws, c. 547, § 3; 61 Del. Laws, c. 56, § 3; 65 Del. Laws, c. 494, § 1; 66 Del. Laws, c. 269, §§ 33, 34; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 285, §§ 8, 9; 75 Del. Laws, c. 392, § 3.;
§ 763. Sexual harassment; unclassified misdemeanor.
A person is guilty of sexual harassment when:
(1) The person threatens to engage in conduct likely to result in the commission of a sexual offense against any person; or
(2) The person suggests, solicits, requests, commands, importunes or otherwise attempts to induce another person to have sexual
contact or sexual intercourse or unlawful sexual penetration with the actor, knowing that the actor is thereby likely to cause
annoyance, offense or alarm to that person.
Sexual harassment is an unclassified misdemeanor.
65 Del. Laws, c. 494, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 764. Indecent exposure in the second degree; unclassified misdemeanor.
(a) A male is guilty of indecent exposure in the second degree if he exposes his genitals or buttocks under circumstances
in which he knows his conduct is likely to cause affront or alarm to another person.
(b) A female is guilty of indecent exposure in the second degree if she exposes her genitals, breast or butt
