§ 801. Arson in the third degree; affirmative defense; class G felony.
(a) A person is guilty of arson in the third degree when the person recklessly damages a building by intentionally starting
a fire or causing an explosion.
(b) In any prosecution under this section it is an affirmative defense that no person other than the accused had a possessory
or proprietary interest in the building.
Arson in the third degree is a class G felony.
11 Del. C. 1953, § 801; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 802. Arson in the second degree; affirmative defense; class D felony.
(a) A person is guilty of arson in the second degree when the person intentionally damages a building by starting a fire or
causing an explosion.
(b) In any prosecution under this section it is an affirmative defense that:
(1) No person other than the accused had a possessory or proprietary interest in the building, or if other persons had such
interests, all of them consented to the accused's conduct; and
(2) The accused's sole intent was to destroy or damage the building for a lawful purpose; and
(3) The accused had no reasonable ground to believe that the conduct might endanger the life or safety of another person or
damage another building.
Arson in the second degree is a class D felony.
11 Del. C. 1953, § 802; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 803. Arson in the first degree; class C felony.
A person is guilty of arson in the first degree when the person intentionally damages a building by starting a fire or causing
an explosion and when:
(1) The person knows that another person not an accomplice is present in the building at the time; or
(2) The person knows of circumstances which render the presence of another person not an accomplice therein a reasonable possibility.
Arson in the first degree is a class C felony.
11 Del. C. 1953, § 803; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 804. Reckless burning or exploding; class A misdemeanor.
(a) A person is guilty of reckless burning or exploding when the person intentionally starts a fire or causes an explosion,
whether on the person's own property or on another's, and thereby recklessly places a building or other real or personal property
of another in danger of destruction or damage or places another person in danger of physical injury.
(b) Reckless burning or exploding shall be punished as follows:
(1) Where the total amount of pecuniary loss caused by the burning or exploding, when totaled for all victims, is less than
$1,500, such burning or exploding shall be a class A misdemeanor.
(2) Where the total amount of pecuniary loss caused by the burning or exploding, when totaled for all victims, is $1,500 or
more, such burning or exploding shall be a class G felony.
11 Del. C. 1953, § 804; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 344, §§ 1, 2.;
§ 805. Cross or religious symbol burning; class A misdemeanor.
A person is guilty of cross or religious symbol burning when the person burns, or causes to be burned, any cross or other
religious symbol, upon any private or public property without the express written consent of the owner of such property and
without a minimum of 48 hours advanced notification of the proposed burning to the fire board or call board of the county
in which the burning is to take place.
Cross or religious symbol burning is a class A misdemeanor.
69 Del. Laws, c. 106, § 1; 70 Del. Laws, c. 186, § 1.;
§§ 806-810. [Reserved.]
§ 811. Criminal mischief; classification of crime; defense.
(a) A person is guilty of criminal mischief when the person intentionally or recklessly:
(1) Damages tangible property of another person; or
(2) Tampers with tangible property of another person so as to endanger person or property; or
(3) Tampers or makes connection with tangible property of a gas, electric, steam or waterworks corporation, telegraph or telephone
corporation or other public utility, except that in any prosecution under this subsection it is an affirmative defense that
the accused engaged in the conduct charged to constitute an offense for a lawful purpose.
(b) Criminal mischief is punished as follows:
(1) Criminal mischief is a class G felony if the actor intentionally causes pecuniary loss of $5,000 or more, or if the actor
intentionally causes a substantial interruption or impairment of public communication, transportation, supply of water, gas
or power, or other public service;
(2) Criminal mischief is a class A misdemeanor if the actor intentionally or recklessly causes pecuniary loss in excess of
$1,000;
(3) Otherwise criminal mischief is an unclassified misdemeanor.
(4) If an actor commits an act of criminal mischief of any degree on or along a Delaware byway, as defined in § 101(a)(9)
of Title 17, the court shall impose a minimum mandatory fine of at least $500.
(c) It is a defense that the defendant has a reasonable ground to believe that the defendant has a right to engage in the
conduct set forth in subsection (a) of this section.
11 Del. C. 1953, § 811; 58 Del. Laws, c. 497, § 1; 60 Del. Laws, c. 590, § 6; 65 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 211, § 1; 77 Del. Laws, c. 133, § 14; 77 Del. Laws, c. 350, § 1.;
§ 812. Graffiti and possession of graffiti implements; class G felony; class A misdemeanor; class B misdemeanor.
(a)(1) A person is guilty of the act of graffiti when the person intentionally, knowingly or recklessly draws, paints, etches
or makes any significant mark or inscription upon any public or private, real or personal property of another without the
permission of the owner.
(2) Graffiti is a class A misdemeanor, unless the property damage caused thereby exceeds $1500, in which case it is a class
G felony. The penalty for graffiti shall include a minimum fine of not less than $1000 which shall not be subject to suspension,
restitution for damages to the property and 250 hours of community service, at least half of which shall be served removing
graffiti on public property. The minimum fine and community service hours shall be doubled for a second or subsequent conviction
of an act of graffiti. The minimum fine shall also be doubled, and may not be suspended, for a first, second, or subsequent
conviction of an act of graffiti which is performed on or along a Delaware byway, as defined in § 101(a)(9) of Title 17.
(b)(1) A person is guilty of possession of graffiti implements when the person possesses any tool, instrument, article, substance,
solution or other compound designed or commonly used to etch, paint, cover, draw upon or otherwise place a mark upon a piece
of property which that person has no permission or authority to etch, paint, cover, draw upon or otherwise mark, under circumstances
evidencing an intent to use the same in order to commit an act of graffiti or damage such property.
(2) Possession of graffiti implements is a class B misdemeanor. The penalty for possession of graffiti implements shall include
a minimum fine of not less than $500 which shall not be subject to suspension, restitution for damages to the property and
100 hours of community service, at least half of which shall be served removing graffiti on public property. The minimum fine
and community service hours shall be doubled for a second or subsequent conviction of possession of graffiti implements.
71 Del. Laws, c. 464, § 1; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 68, § 1; 76 Del. Laws, c. 377, § 1; 77 Del. Laws, c. 181, §§ 1, 2; 77 Del. Laws, c. 350, § 2.;
§§ 813-819. [Reserved.]
§ 820. Trespassing with intent to peer or peep into a window or door of another; class B misdemeanor.
A person is guilty of trespassing with intent to peer or peep into a window or door of another when the person knowingly enters
upon the occupied property or premises of another utilized as a dwelling, with intent to peer or peep into the window or door
of such property or premises and who, while on such property or premises, otherwise acts in a manner commonly referred to
as "Peeping Tom." Any person violating this section may be referred by the court to the Delaware Psychiatric Center for examination
and for treatment. Justices of the peace shall have concurrent jurisdiction of violations of this section.
Trespassing with intent to peer or peep into a window or door of another is a class B misdemeanor.
11 Del. C. 1953, § 820; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 550, § 1.;
§ 821. Criminal trespass in the third degree; a violation.
A person is guilty of criminal trespass in the third degree when the person knowingly enters or remains unlawfully upon real
property.
Criminal trespass in the third degree is a violation.
11 Del. C. 1953, § 821; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 822. Criminal trespass in the second degree; unclassified misdemeanor.
A person is guilty of criminal trespass in the second degree when the person knowingly enters or remains unlawfully in a building
or upon real property which is fenced or otherwise enclosed in a manner manifestly designed to exclude intruders.
Criminal trespass in the second degree is an unclassified misdemeanor.
11 Del. C. 1953, § 822; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 823. Criminal trespass in the first degree; class A misdemeanor.
A person is guilty of criminal trespass in the first degree when the person knowingly enters or remains unlawfully in a dwelling
or building used to shelter, house, milk, raise, feed, breed, study or exhibit animals.
Criminal trespass in the first degree is a class A misdemeanor.
11 Del. C. 1953, § 823; 58 Del. Laws, c. 497, § 1; 65 Del. Laws, c. 482, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 824. Burglary in the third degree; class F felony.
A person is guilty of burglary in the third degree when the person knowingly enters or remains unlawfully in a building with
intent to commit a crime therein.
Burglary in the third degree is a class F felony.
11 Del. C. 1953, § 824; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 825. Burglary in the second degree; class D felony.
(a) A person is guilty of burglary in the second degree when the person knowingly enters or remains unlawfully:
(1) In a dwelling with intent to commit a crime therein; or
(2) In a building and when, in effecting entry or while in the building or in immediate flight therefrom, the person or another
participant in the crime:
a. Is armed with explosives or a deadly weapon; or
b. Causes physical injury to any person who is not a participant in the crime.
Burglary in the second degree is class D felony, except where the person who suffers physical injury is a person 62 years
of age or older in which case any violation of this section shall be a class C felony.
(b) Notwithstanding any provision of this section or Code to the contrary, any person convicted of burglary in the second
degree shall receive a minimum sentence of:
(1) One year at Level V; or
(2) Three years at Level V, if the conviction is for an offense that was committed within 5 years of the date of a previous
conviction for burglary first or second degree or if the conviction is for an offense that was committed within 5 years of
the date of termination of all periods of incarceration or confinement imposed pursuant to a previous conviction for burglary
first or second degree conviction.
Any sentence imposed pursuant to this subsection shall not be subject to the provisions of § 4215 of this title.
(c) The sentencing provisions of subsection (b) of this section apply to attempted burglary in the second degree as well as
burglary in the second degree.
11 Del. C. 1953, § 825; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 126, § 7; 74 Del. Laws, c. 106, § 4; 74 Del. Laws, c. 345, § 4.;
§ 826. Burglary in the first degree; class C felony.
(a) A person is guilty of burglary in the first degree when the person knowingly enters or remains unlawfully in a dwelling
at night with intent to commit a crime therein, and when, in effecting entry or when in the dwelling or in immediate flight
therefrom, the person or another participant in the crime:
(1) Is armed with explosives or a deadly weapon; or
(2) Causes physical injury to any person who is not a participant in the crime.
Burglary in the first degree is a class C felony, except where the person who suffers physical injury is a person 62 years
of age or older in which case any violation of this section shall be a class B felony.
(b) Notwithstanding any provision of this section or Code to the contrary, any person convicted of burglary in the first degree
shall receive a minimum sentence of:
(1) Two years at Level V; or
(2) Four years at Level V, if the conviction is for an offense that was committed within 5 years of the date of a previous
conviction for burglary first or second degree or if the conviction is for an offense that was committed within 5 years of
the date of termination of all periods of incarceration or confinement imposed pursuant to a previous conviction for burglary
first or second degree conviction.
Any sentence imposed pursuant to this subsection shall not be subject to the provisions of § 4215 of this title.
(c) The sentencing provisions of subsection (b) of this section apply to attempted burglary in the first degree as well as
burglary in the first degree.
11 Del. C. 1953, § 826; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 126, § 8; 74 Del. Laws, c. 106, § 5; 74 Del. Laws, c. 345, § 5.;
§ 827. Multiple offenses.
A person may be convicted both of burglary and of the offense which it was the purpose of the person's unlawful entry to commit
or for an attempt to commit that offense.
11 Del. C. 1953, § 827; 58 Del. Laws, c. 497, § 1; 70 Del. Laws, c. 186, § 1.;
§ 828. Possession of burglar's tools or instruments facilitating theft; class F felony.
(a) A person is guilty of possession of burglar's tools or instruments facilitating theft when, under circumstances evidencing
an intent to use or knowledge that some other person intends to use the same in the commission of an offense of such character,
the person possesses any tool, instrument, or other thing adapted, designed, or commonly used for committing or facilitating:
(1) Offenses involving unlawful entry into or upon premises,
(2) Offenses involving the unlocking, overriding, or disabling of a security device without authorization,
(3) Offenses involving forcible breaking or opening of safes, vending machines, automatic teller machines, lock boxes, gates,
doors or any container or depositories of property, or
(4) The offense of identity theft, such as a credit card, driver license or other document issued in a name other than the
name of the person who possesses the document.
(b) Possession of burglar's tools or instruments facilitating theft is a class F felony.
11 Del. C. 1953, § 828; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 478, §§ 1, 2; 72 Del. Laws, c. 297, § 2; 75 Del. Laws, c. 162, § 1.;
§ 829. Definitions relating to criminal trespass and burglary.
(a) "Burglar's tool or instruments" includes the term "bump key" which is a type of key used for a specific lock picking technique
called lock bumping.
(b) "Dwelling" means a building which is usually occupied by a person lodging therein at night.
(c) A person "enters" upon premises when the person introduces any body part or any part of any instrument, by whatever means,
into or upon the premises.
(d) A person "enters or remains unlawfully" in or upon premises when the person is not licensed or privileged to do so. A
person who, regardless of intent, enters or remains upon premises which appear at the time to be open to the public does so
with license and privilege unless the person defies a lawful order not to enter or remain, personally communicated by the
owner of the premises or another authorized person. A license or privilege to enter or remain in a building which is only
partly open to the public is not a license or privilege to enter or remain in that part of the building which is not open
to the public.
(e) The "intent to commit a crime therein" may be formed prior to the unlawful entry, be concurrent with the unlawful entry
or such intent may be formed after the entry while the person remains unlawfully.
(f) "Night" means a period between 30 minutes after sunset and 30 minutes before sunrise.
(g) "Premises" include the term "building" as defined in § 222 of this title, and any real property.
(h) "Security device" includes any lock, whether mechanical or electronic; or any warning device designed to alert a person
or the general public of a possible attempt to gain unlawful entry into or upon premises or a possible attempt to unlock,
bypass or otherwise disable a lock.
(i) A person possesses burglar tools or instruments facilitating theft "under circumstances evincing an intent to use or knowledge
that some other person intends to use" such when the person possesses the tools or instruments at a time and a place proximate
to the commission or attempt to commit a trespass, burglary, or theft-related offense or otherwise under circumstances not
manifestly appropriate for what lawful uses the tools or instruments may have.
11 Del. C. 1953, § 829; 58 Del. Laws, c. 497, § 1; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 478, § 3; 76 Del. Laws, c. 267, § 1; 76 Del. Laws, c. 310, § 1.;
§ 830. [Reserved.]
§ 831. Robbery in the second degree; class E felony.
(a) A person is guilty of robbery in the second degree when, in the course of committing theft, the person uses or threatens
the immediate use of force upon another person with intent to:
(1) Prevent or overcome resistance to the taking of the property or to the retention thereof immediately after the taking;
or
(2) Compel the owner of the property or another person to deliver up the property or to engage in other conduct which aids
in the commission of the theft.
Robbery in the second degree is a class E felony.
(b) In addition to its ordinary meaning, the phrase "in the course of committing theft" includes any act which occurs in an
attempt to commit theft or in immediate flight after the attempt or commission of the theft.
11 Del. C. 1953, § 831; 58 Del. Laws, c. 497, § 1; 65 Del. Laws, c. 517, § 1; 67 Del. Laws, c. 130, § 8; 68 Del. Laws, c. 129, § 4; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 47, § 1.;
§ 832. Robbery in the first degree.
(a) A person is guilty of robbery in the first degree when the person commits the crime of robbery in the second degree and
when, in the course of the commission of the crime or of immediate flight therefrom, the person or another participant in
the crime:
(1) Causes physical injury to any person who is not a participant in the crime; or
(2) Displays what appears to be a deadly weapon or represents by word or conduct that the person is in possession or control
of a deadly weapon; or
(3) Is armed with and uses or threatens the use of a dangerous instrument; or
(4) Commits said crime against a person who is 62 years of age or older.
Robbery in the first degree is a class B felony.
(b) Notwithstanding any provisions of this section or Code to the contrary, any person convicted of robbery in the first degree
shall receive a minimum sentence of:
(1) Three years at Level V; or
(2) Five years at Level V, if the conviction is for an offense that was committed within 10 years of the date of a previous
conviction for robbery in the first degree or if the conviction is for an offense that was committed within 10 years of the
date of termination of all periods of incarceration or confinement imposed pursuant to a previous conviction for robbery in
the first degree, whichever is the later date.
Any sentence imposed pursuant to this subsection shall not be subject to the provisions of § 4215 of this title.
(c) The sentencing provisions of this section apply to attempted robbery in the first degree as well as robbery in the first
degree.
11 Del. C. 1953, § 832; 58 Del. Laws, c. 497, § 1; 59 Del. Laws, c. 547, § 6; 60 Del. Laws, c. 240, §§ 1, 2; 63 Del. Laws, c. 329, § 1; 67 Del. Laws, c. 130, §§ 8, 13; 68 Del. Laws, c. 129, § 5; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 126, § 9; 74 Del. Laws, c. 93, § 1; 74 Del. Laws, c. 106, § 6; 74 Del. Laws, c. 345, § 6.;
§§ 833, 834. [Reserved.]
§ 835. Carjacking in the second degree; class E felony; class D felony.
(a) A person is guilty of carjacking in the second degree when that person knowingly and unlawfully takes possession or control
of a motor vehicle from another person or from the immediate presence of another person by coercion, duress or otherwise without
the permission of the other person.
(b)(1) Except as provided in paragraph (2) of this subsection, carjacking in the second degree is a class E felony.
(2) Carjacking in the second degree is a class D felony if the elements of subsection (a) of this section are met and if,
while in possession or control of the vehicle, the person:
a. Recklessly engages in conduct which creates a substantial risk of death or serious physical injury to another person; or
b. Compels a lawful occupant of the vehicle to leave the vehicle; or
c. Causes the vehicle to be operated recklessly.
(c) It is no defense to a prosecution under this section that the offender did not physically drive or operate the motor vehicle,
nor is it a defense under this section that the offender did not intend to permanently deprive the owner or another person
of the use of the vehicle.
(d) This section is not a related or included offense of § 831 or § 832 of this title. Nothing in this section shall be deemed
to preclude prosecution under any other provision of this Code.
72 Del. Laws, c. 34, § 1.;
§ 836. Carjacking in the first degree; class C felony; class B felony.
(a) A person is guilty of carjacking in the first degree when the person knowingly and unlawfully takes possession or control
of a motor vehicle from another person or from the immediate presence of another person by coercion, duress or otherwise without
the permission of the other person, and:
(1) While in possession or control of such vehicle the person commits or attempts to commit a class D or greater felony; or
(2) While in possession or control of such vehicle the person drives or operates the vehicle in violation of § 4177 of Title
21; or
(3) While in possession or control of such vehicle the person commits any offense set forth in Chapter 47 of Title 16; or
(4) While in possession or control of such vehicle or while in the course of taking or attempting to take possession or control
of such vehicle the person displays what appears to be a deadly weapon or represents by word or conduct that the person is
in possession or control of a deadly weapon.
(5) While in possession or control of such vehicle the person causes physical injury to another person; or
(6) The person from whom possession or control of the vehicle is taken, or an occupant or passenger of such vehicle, is 62
years of age or older or 14 years of age or younger.
(b) Carjacking in the first degree as defined in paragraphs (a)(1), (a)(2) and (a)(3) of this section is a class C felony.
Carjacking in the first degree as defined in paragraphs (a)(4), (a)(5) and (a)(6) of this section is a class B felony.
(c) It is no defense to a prosecution under this section that the offender did not physically drive or operate the motor vehicle,
nor is it a defense under this section that the offender did not intend to permanently deprive the owner or another person
of the use of the vehicle.
(d) It is no defense to a prosecution under paragraph (a)(6) of this section, that the accused did not know the age of the
person from whom possession or control of the vehicle is taken, or an occupant or passenger of such vehicle, or that the accused
reasonably believed such person to be under the age of 62 or over the age of 14.
(e) For the purpose of any prosecution under paragraph (a)(5) of this section, it is unnecessary to prove the accused's state
of mind with regard to causation of physical injury, notwithstanding the provisions of § 251 or § 252 of this title or any
other statute to the contrary.
(f) This section is not a related or included offense of § 831 or § 832 of this title. Nothing in this section shall be deemed
to preclude prosecution under any other provision of this Code.
72 Del. Laws, c. 34, § 2; 74 Del. Laws, c. 93, § 2.;
§ 837. Definitions relating to carjacking.
(a) "Another person" includes the owner of the vehicle or any operator, occupant, passenger of the vehicle or any other person
who has an interest in the use of the vehicle which the offender is not privileged to infringe.
(b) "Motor vehicle" or "vehicle," in addition to its ordinary meaning, includes any watercraft.
72 Del. Laws, c. 34, § 3.;
§§ 838, 839. [Reserved.]
§ 840. Shoplifting; class G felony; class A misdemeanor.
(a) A person is guilty of shoplifting if, while in a mercantile establishment in which goods, wares or merchandise are displayed
for sale, the person:
(1) Removes any such goods, wares or merchandise from the immediate use of display or from any other place within the establishment,
with intent to appropriate the same to the use of the person so taking, or to deprive the owner of the use, the value or possession
thereof without paying to the owner the value thereof; or
(2) Obtains possession of any goods, wares or merchandise by charging the same to any person without the authority of such
person or to a fictitious person with a like intent; or
(3) Conceals any such goods, wares or merchandise with like intent; or
(4) Alters, removes or otherwise disfigures any label, price tag or marking upon any such goods, wares or merchandise with
a like intent; or
(5) Transfers any goods, wares or merchandise from a container in which same shall be displayed or packaged to any other container
with like intent; or
(6) Uses any instrument whatsoever, credit slips or chose in action to obtain any goods, wares or merchandise with intent
to appropriate the same to the use of the person so taking or to deprive the owner of the use, the value or the possession
thereof without paying to the owner the value thereof.
(b) Any person wilfully concealing unpurchased merchandise of any store or other mercantile establishment, inside or outside
the premises of such store or other mercantile establishment, shall be presumed to have so concealed such merchandise with
the intention of converting the same to the person's own use without paying the purchase price thereof within the meaning
of subsection (a) of this section, and the finding of such merchandise concealed upon the person or among the belongings of
such person, outside of such store or other mercantile establishment, shall be presumptive evidence of intentional concealment;
and if such person conceals or causes to be concealed such merchandise upon the person or among the belongings of another,
the finding of the same shall also be presumptive evidence of intentional concealment on the part of the person so concealing
such merchandise.
(c) A merchant, a store supervisor, agent or employee of the merchant 18 years of age or older, who has probable cause for
believing that a person has intentionally concealed unpurchased merchandise or has committed shoplifting as defined in subsection
(a) of this section, may, for the purpose of summoning a law-enforcement officer, take the person into custody and detain
the person in a reasonable manner on the premises for a reasonable time.
(d) A merchant, a store supervisor, agent or employee of the merchant 18 years of age or older who detains, or a merchant,
a store supervisor, agent or employee of the merchant who causes or provides information leading to the arrest of any person
under subsection (a), (b) or (c) of this section, shall not be held civilly or criminally liable for such detention or arrest
provided they had, at the time of such detention or arrest, probable cause to believe that the person committed the crime
of shoplifting as defined in subsection (a) of this section.
Shoplifting is a class G felony when the goods, wares or merchandise shoplifted are of the value of $1,500 or more, or when
the goods, wares or merchandise shoplifted are from 3 or more separate mercantile establishments and were shoplifted in the
same or continuing course of conduct and the aggregate value of the goods is $1,500 or more. When the goods, wares or merchandise
shoplifted are of the value of less than $1,500, it is a class A misdemeanor.
11 Del. C. 1953, § 840; 58 Del. Laws, c. 497, § 1; 60 Del. Laws, c. 590, § 1; 61 Del. Laws, c. 35, § 1; 61 Del. Laws, c. 482, § 1; 65 Del. Laws, c. 497, § 2; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 211, § 2; 72 Del. Laws, c. 222, § 1; 77 Del. Laws, c. 133, § 1.;
§ 840A. Use of illegimate retail sales receipt or Universal Product Code Label.
(a) A person who, with intent to cheat or defraud another, possesses, uses, transfers, makes, alters, counterfeits or reproduces
a retail sales receipt or Universal Product Code Label is guilty of an offense under this section.
(b) A person convicted of violating this section shall be guilty of a class A misdemeanor, unless the person is convicted
of possessing 15 or more illegitimate retail sales receipts or Universal Product Code Labels or the aggregate value of the
money, property or services illegally obtained or credited to an account is $1,500 or more, in which case it is a class F
felony.
73 Del. Laws, c. 31, § 1; 77 Del. Laws, c. 133, § 2.;
§ 841. Theft; class G felony; class A misdemeanor; restitution.
(a) A person is guilty of theft when the person takes, exercises control over or obtains property of another person intending
to deprive that person of it or appropriate it. Theft includes the acts described in this section, as well as those described
in §§ 841A-846 of this title.
(b) A person is guilty of theft if the person, in any capacity, legally receives, takes, exercises control over or obtains
property of another which is the subject of theft, and fraudulently converts same to the person's own use.
(c)(1) Except where a victim is 62 years of age or older, or an "infirm adult" as defined in § 3902(12) of Title 31, or a
"disabled person" as defined in § 3901(a)(2) of Title 12, theft is a class A misdemeanor unless the value of the property
received, retained or disposed of is $1,500 or more, in which case it is a class G felony.
(2) Where a victim is 62 years of age or older, or an "infirm adult" as defined in § 3902(12) of Title 31, or a "disabled
person" as defined in § 3901(a)(2) of Title 12, theft is a class G felony unless the value of the property received, retained
or disposed of is $1,500 or more, in which case it is a class F felony.
(3) Notwithstanding paragraphs (c)(1) and (2) of this section:
a. Where the value of the property received, retained or disposed of is more than $50,000 but less than $100,000, theft is
a class E felony;
b. Where the value of the property received, retained or disposed of is $100,000 or more, theft is a class C felony.
(d) Upon conviction, the sentencing judge shall require full restitution to the victim for any monetary losses suffered and
shall consider the imposition of community service and/or an appropriate curfew for a minor.
11 Del. C. 1953, § 841; 58 Del. Laws, c. 497, § 1; 60 Del. Laws, c. 590, § 2; 65 Del. Laws, c. 497, § 3; 67 Del. Laws, c. 130, § 8; 69 Del. Laws, c. 315, § 1; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 209, § 1; 70 Del. Laws, c. 364, §§ 1, 2; 73 Del. Laws, c. 126, §§ 10, 11; 76 Del. Laws, c. 98, § 3; 77 Del. Laws, c. 133, § 3.;
§ 841A. Theft of a motor vehicle; class G felony.
(a) A person is guilty of theft of a motor vehicle when the person takes, exercises control over or obtains a motor vehicle
of another person intending to deprive the other person of it or appropriate it.
(b) As used in this section "motor vehicle" means an automobile, motorcycle, van, truck, trailer, semitrailer, truck tractor
and semitrailer combination, or any other vehicle which is self-propelled, which is designed to be operated primarily on a
roadway as defined in § 101 of Title 21, and in, upon or by which any person or property is or may be transported. "Motor
vehicle" as used in this section shall not include any device that is included within the definitions of "moped", "off-highway
(OHV)", "triped", "motorized scooter or skateboard", "motorized wheelchair" or "electric personal assistive mobility device
(EPAMD)" as defined in § 101 of Title 21.
(c) Theft of a motor vehicle is a class G felony.
75 Del. Laws, c. 290, § 1.;
§ 841B. Theft: Organized retail crime; class A misdemeanor; class E felony.
(a) A person is guilty of "theft: organized retail crime" when the person takes, exercises control over, or obtains retail
merchandise of another person intending to deprive that person of it, or receives stolen property in violation of § 851 of
this title, in quantities that would not normally be purchased for personal use or consumption, with the intent to appropriate
or to resell or reenter the merchandise into commerce.
(b) For purposes of this section, a series of organized retail crime thefts committed by a person or group of persons may
be aggregated into 1 count or charge, with the sum of the value of all the retail merchandise being the value considered in
determining the degree of theft: organized retail crime.
(c) In addition to the provisions of § 841(c) and (d) of this title, if a defendant has 2 or more times been convicted of
theft: organized retail crime, the offense of theft: organized retail crime is a class E felony.
76 Del. Laws, c. 98, § 4.;
§ 841C. Possession or theft of a prescription form or a pad.
(a) A person in possession of a blank prescription form or pad who is not a practitioner as defined in this section shall
be guilty of a class G felony. "Possession" in addition to its ordinary meaning, includes location on or about the defendant's
person, premises, belongings, vehicle or otherwise within the defendant's reasonable control.
(b) A person is guilty of theft of a blank prescription form or pad when the person is not a practitioner as defined in this
section and takes, exercises control over, obtains or receives, produces or reproduces any facsimile or counterfeit version
of, or transfers, uses, gives, or sells any copies, facsimiles or counterfeit versions, a prescription form or pad of a practitioner
with the intent to deprive the practitioner of the use thereof or to facilitate the commission of drug diversion.
(1) A "practitioner" means:
a. A physician, dentist, veterinarian, scientific investigator or other person licensed, registered or otherwise permitted
to distribute, dispense, conduct research with respect to or to administer a controlled or noncontrolled substance in the
course of professional practice or research in this State.
b. A pharmacy, hospital or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct
research with respect to or to administer a controlled or noncontrolled substance in the course of professional practice or
research in this State.
(2) Theft of a blank prescription form or pad is a class F felony.
77 Del. Laws, c. 161, § 1.;
§ 842. Theft; lost or mislaid property; mistaken delivery.
A person commits theft when, with the intent prescribed in § 841 of this title, the person exercises control over property
of another person which the person knows to have been lost or mislaid, or to have been delivered under a mistake as to the
identity of the recipient or the nature or value of the property, without taking reasonable measures to return the property
to its owner.
11 Del. C. 1953, § 842; 58 Del. Laws, c. 497, § 1; 70 Del. Laws, c. 186, § 1.;
§ 843. Theft; false pretense.
A person commits theft when, with the intent prescribed in § 841 of this title, the person obtains property of another person
by intentionally creating or reinforcing a false impression as to a present or past fact, or by preventing the other person
from acquiring information which would adversely affect the other person's judgment of a transaction.
11 Del. C. 1953, § 843; 58 Del. Laws, c. 497, § 1; 70 Del. Laws, c. 186, § 1.;
§ 844. Theft; false promise.
A person commits theft when, with the intent prescribed in § 841 of this title, the person obtains property of another person
by means of a representation, express or implied, that the person or a third person will in the future engage in particular
conduct, and when the person does not intend to engage in such conduct or, as the case may be, does not believe the third
person intends to engage in such conduct. The accused's intention or belief that a promise would not be performed may not
be established by or inferred from the fact alone that the promise was not performed.
11 Del. C. 1953, § 844; 58 Del. Laws, c. 497, § 1; 70 Del. Laws, c. 186, § 1.;
§ 845. Theft of services.
(a) A person commits theft when, with the intent specified in § 841 of this title, the person obtains services which the person
knows are available only for compensation by deception, threat, false token, false representation or statement or by installing,
rearranging or tampering with any facility or equipment or by any other trick, contrivance or any other device to avoid payment
for the services.
(b) In any prosecution for theft of services where services have been obtained from a public utility by the installation of,
rearrangement of or tampering with any facility or equipment owned or used by the public utility to provide such services,
without the consent or permission of the public utility, or by any other trick or contrivance, it shall be a rebuttable presumption
that the person to whom the services are being furnished has created, caused or knows of the condition which is a violation
of this section.
(c) A person who has obtained services from a public utility by installing, rearranging or tampering with any facility or
equipment owned or used by the public utility to provide such services, or by any other trick or contrivance, is presumed
to have done so with an intent to avoid, or to enable others to avoid, payment for the services involved.
(d) The rebuttable presumptions referred to in subsections (b) and (c) of this section shall not apply to any person to whom
such services have been furnished for less than 31 days or until there has been at least 1 meter reading.
11 Del. C. 1953, § 845; 58 Del. Laws, c. 497, § 1; 61 Del. Laws, c. 227, §§ 1, 2; 70 Del. Laws, c. 186, § 1.;
§ 846. Extortion; class E felony.
A person commits extortion when, with the intent prescribed in § 841 of this title, the person compels or induces another
person to deliver property to the person or to a third person by means of instilling in the victim a fear that, if the property
is not so delivered, the defendant or another will:
(1) Cause physical injury to anyone; or
(2) Cause damage to property; or
(3) Engage in other conduct constituting a crime; or
(4) Accuse anyone of a crime or cause criminal charges to be instituted against anyone; or
(5) Expose a secret or publicize an asserted fact, whether true or false, tending to subject anyone to hatred, contempt or
ridicule; or
(6) Falsely testify or provide information or withhold testimony or information with respect to another's legal claim or defense;
or
(7) Use or abuse the defendant's position as a public servant by performing some act within or related to the defendant's
official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely;
or
(8) Perform any other act which is calculated to harm another person materially with respect to the person's health, safety,
business, calling, career, financial condition, reputation or personal relationships.
Extortion is a class E felony, except where the victim is a person 62 years of age or older, in which case any violation of
this section shall be a class D felony.
11 Del. C. 1953, § 846; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 126, § 12.;
§ 847. Theft, extortion; claim of right as an affirmative defense.
(a) In any prosecution for theft or extortion it is an affirmative defense that the property was appropriated by the actor
under a claim of right, made in good faith, to do substantially what the actor did in the manner in which it was done.
(b) In any prosecution for extortion where the facts are as described in § 846(4) of this title, it is an affirmative defense
that the accused believed the threatened criminal charge to be true and that the accused's sole purpose was to compel or induce
the victim to take reasonable action to make good the wrong which was the subject of the threatened charge.
11 Del. C. 1953, § 847; 58 Del. Laws, c. 497, § 1; 70 Del. Laws, c. 186, § 1.;
§ 848. Misapplication of property; class G felony; class A misdemeanor.
A person is guilty of misapplication of property when, knowingly possessing personal property of another pursuant to an agreement
that it will be returned to the owner at a future time, the person sells, loans, leases, pledges, pawns or otherwise encumbers
the property without the consent of the owner thereof in such a manner as to create a risk that the owner will be unable to
recover it or will suffer pecuniary loss.
Misapplication of property is a class A misdemeanor, unless the value of the property received, retained or disposed of is
$1,500 or more, in which case it is a class G felony.
11 Del. C. 1953, § 848; 58 Del. Laws, c. 497, § 1; 60 Del. Laws, c. 590, § 3; 65 Del. Laws, c. 497, § 4; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 211, § 4; 77 Del. Laws, c. 133, § 4.;
§ 849. Theft of rented property; class A misdemeanor or class G felony.
(a) A person is guilty of theft of rental property if the person, with the intent specified in § 841 of this title, takes,
destroys, converts, wrongfully withholds or appropriates by fraud, deception, threat, false token, false representation or
statement, or by any trick, contrivance or other device to avoid payment for or to otherwise appropriate rental property entrusted
to said person. For purposes of this section, "property" shall include the use of vehicles or other movable property.
(b) If the finder of fact shall find:
(1) That one who has leased or rented the personal property of another, failed to return or make arrangements acceptable to
the rentor (lessor) to return the property to the rentor or the rentor's agent within 10 days after proper notice, following
the expiration of the rental (lease) contract; and/or
(2) That one who has leased or rented the personal property of another and has returned such property, failed to make payment,
at the agreed rental rate, for the full period which the property was rented or leased, except when said person has a good
faith dispute with the owner of the rental property as to whether any payment, or additional payment, is due to the owner
of the rental property; and/or
(3) That the rentee (lessee) presented identification to the rentor which was materially false, fictitious or not current
with respect to name, address, place of employment or other appropriate items,
then the finder of fact shall be permitted, but not required, to presume intent to commit theft.
(c) As used in subsection (b) of this section, "proper notice" shall consist of a written demand by the rentor made after
the expiration of the rental period mailed by certified or registered mail to the rentee at:
(1) The address the rentee gave when the rental contract was made; or
(2) The rentee's last known address if later furnished in writing by the rentee or the rentee's agent.
(d) The reasonable and fair market value of the property obtained shall be utilized in determining the amount involved in
the theft.
(e) The following 3 factors, if established by the rentee by a preponderance of the evidence, shall constitute an affirmative
defense to prosecution for theft, that the rentee:
(1) Accurately stated the rentee's name, address and other material items of identification at the time of the rental;
(2) Failed to receive the rentor's notice personally due in no significant part to the fault of the rentee; and
(3) Returned the personal property to the rentor or the rentor's agent within 48 hours of the commencement of the prosecution,
together with any charges for the overdue period and the value of damages (if any) to the property.
Theft of rented property is a class A misdemeanor, unless the value of the property is $1,500 or more, in which case it is
a class G felony.
69 Del. Laws, c. 110, § 1; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 211, § 5; 70 Del. Laws, c. 260, §§ 1-3; 77 Del. Laws, c. 133, § 5.;
§ 850. Use, possession, manufacture, distribution and sale of unlawful telecommunication and access devices.
(a) Prohibited acts -- A person is guilty of a violation of this section if the person knowingly:
(1) Manufactures, assembles, distributes, possesses with intent to distribute, transfers, sells, promotes, offers or advertises
for sale, use or distribution any unlawful telecommunication device or modifies, alters, programs or reprograms a telecommunication
device:
a. For the unauthorized acquisition or theft of any telecommunication service or to receive, disrupt, transmit, decrypt, acquire
or facilitate the receipt, disruption, transmission, decryption or acquisition of any telecommunication service without the
express consent or express authorization of the telecommunication service provider; or
b. To conceal, or to assist another to conceal from any telecommunication service provider or from any lawful authority, the
existence or place of origin or destination, or the originating and receiving telephone numbers, of any telecommunication
under circumstances evincing an intent to use the same in the commission of any offense.
(2) Manufacturers, assembles, distributes, possesses with intent to distribute, transfers, sells, offers, promotes or advertises
for sale, use or distribution any unlawful access device;
(3) Prepares, distributes, possesses with intent to distribute, sells, gives, transfers, offers, promotes or advertises for
sale, use or distribution:
a. Plans or instructions for the manufacture or assembly of an unlawful telecommunication or access or device under circumstances
evincing an intent to use or employ the unlawful telecommunication access device, or to allow the unlawful telecommunication
or access device to be used, for a purpose prohibited by this section, or knowing or having reason to believe that the unlawful
telecommunication or access device is intended to be so used, or that the plan or instruction is intended to be used for the
manufacture of assembly of the unlawful telecommunication or access device; or
b. Material, including hardware, cables, tools, data, computer software or other information or equipment, knowing that the
purchaser or a third person intends to use the material in the manufacture of an unlawful telecommunication or access device.
(b) Criminal penalties -- (1) Except as provided for in paragraph (2) or (3) of this subsection, an offense under this section
is an unclassified misdemeanor with a sentence up to 1 year incarceration at Level V, and a fine of up to $10,000 for all
violations of this section.
(2) A person shall be guilty of a class F felony if:
a. The defendant has been convicted previously under this section or convicted of any similar crime in this or any Federal
or other state jurisdiction; or
b. The violation of this section involves at least 10, but not more than 50, unlawful telecommunication or access devices.
(3) A person shall be guilty of a class D felony if:
a. The defendant has been convicted previously on 2 or more occasions for offenses under this section or for any similar crime
in this or any federal or other state jurisdiction; or
b. The violation of this section involves more than 50 unlawful telecommunication or access devices.
(4) For purposes of grading an offense based upon a prior conviction under this section or for any similar crime pursuant
to paragraphs (2)a. and (3)a. of this subsection, a prior conviction shall consist of convictions upon separate indictments
or criminal complaints for offenses under this section or any similar crime in this or any federal or other state jurisdiction.
(5) As provided for in paragraphs (2)a. and (3)a. of this subsection, in grading an offense under this section based upon
a prior conviction, the term "any similar crime" shall include, but not be limited to, offenses involving theft of service
or fraud, including violations of the Cable Communications Policy Act of 1984 (Public Law 98-549, 98 Stat.2779).
(6) Separate offenses -- For purposes of all criminal fines established for violations of this section, the prohibited activity
established herein as it applies to each unlawful telecommunication or access device shall be deemed a separate offense.
(7) Fines -- For purposes of imposing fines upon conviction of a defendant for an offense under this section, all fines shall
be imposed for each unlawful telecommunication or access device involved in the violation.
(8) Restitution -- The court shall, in addition to any other sentence authorized by law, sentence a person convicted of violating
this section to make restitution in the manner provided in § 4106 of this title.
(9) Forfeiture of unlawful telecommunication or access devices -- Upon conviction of a defendant under this section, the court
may, in addition to any other sentence authorized by law, direct that the defendant forfeit any unlawful telecommunication
or access devices in the defendant's possession or control which were involved in the violation for which the defendant was
convicted.
(c) Venue -- An offense under this section may be deemed to have been committed at either the place where the defendant manufactures
or assembles an unlawful telecommunication or access device, or assists others in doing so, or the places where the unlawful
telecommunication or access device is sold or delivered to a purchaser or recipient. It shall be no defense to a violation
of this section that some of the acts constituting the offense occurred outside of this State.
(d) Civil action -- (1) Any person aggrieved by a violation of this section may bring a civil action in any court of competent
jurisdiction.
(2) The court may:
a. Grant preliminary and final injunctions to prevent or restrain violations of this section;
b. At any time while an action is pending, order the impounding, on such terms as it deems reasonable, of any unlawful telecommunication
or access device that is in the custody or control of the violator and that the court has reasonable cause to believe was
involved in the alleged violation of this section;
c. Award damages as described in paragraph (3) of this subsection;
d. In its discretion, award reasonable attorney fees and costs, including, but not limited to, costs for investigation, testing
and expert witness fees, to an aggrieved party who prevails; and
e. As part of a final judgment or decree finding a violation of this section, order the remedial modification or destruction
of any unlawful telecommunication or access device involved in the violation that is in the custody or control of the violator
or has been impounded under subsection (b) of this section.
(3) Types of damages recoverable -- Damages awarded by a court under this section shall be computed as either of the following:
a. Upon the complaining party's election of such damages at any time before final judgment is entered, the complaining party
may recover the actual damages suffered by the complaining party as a result of the violation of this section and any profits
of the violator that are attributable to the violation and are not taken into account in computing the actual damages. In
determining the violator's profits, the complaining party shall be required to prove only the violator's gross revenue, and
the violator shall be required to prove the violator's own deductible expenses and the elements of profit attributable to
factors other than the violation; or
b. Upon election by the complaining party at any time before final judgment is entered, that party may recover in lieu of
actual damages an award of statutory damages of between $250 to $10,000 for each unlawful telecommunication or access device
involved in the action, with the amount of statutory damages to be determined by the court as the court considers just. In
any case where the court finds that any of the violations of this section were committed wilfully and for purposes of commercial
advantage or private financial gain, the court in its discretion may increase the award of statutory damages by an amount
of not more than $50,000 for each unlawful telecommunication or access device involved in the action.
(4) For purposes of all civil remedies established for violations of this section, the prohibited activity established in
this section applies to each unlawful telecommunication or access device and shall be deemed a separate violation.
(e) Definitions -- As used in this section, the following words and phrases shall have the meanings given to them in this
subsection.
(1) "Manufacture or assembly of any unlawful access device" -- To make, produce or assemble an unlawful access device or modify,
alter, program or reprogram any instrument, device, machine, equipment, technology or software so that it is capable of defeating
or circumventing any technology, device or software used by the provider, owner or licensee of a telecommunication service,
or of any data, audio or video programs or transmissions, to protect any such telecommunication, data, audio or video services,
programs or transmissions from unauthorized receipt, acquisition, access, decryption, disclosure, communication, transmission
or retransmission, or to knowingly assist others in those activities.
(2) "Manufacture or assembly of unlawful telecommunications device" -- To make, produce or assemble an unlawful telecommunication
device or to modify, alter, program or reprogram a telecommunication device to be capable of acquiring, disrupting, receiving,
transmitting, decrypting or facilitating the acquisition, disruption, receipt, transmission or decryption of a telecommunication
service without the express consent or express authorization of the telecommunication service provider, or to knowingly assist
others in those activities.
(3) "Telecommunications device" -- Any type of instrument, device, machine, equipment, technology or software which is capable
of transmitting, acquiring, decrypting or receiving any telephonic, electronic, data, Internet access, audio, video, microwave
or radio transmissions, signals, communications or services, including the receipt, acquisition, transmission or decryption
of all such communications, transmissions, signals or services provided by or through any cable television, fiber optic, telephone,
satellite, microwave, data transmission, radio, Internet-based or wireless distribution network, system or facility, or any
part, accessory or components thereof, including any computer circuit, security module, smart card, software, computer chip,
electronic mechanism or other component, accessory or part of any telecommunication device which is capable of facilitating
the transmission, decryption, acquisition or reception of all such communications, transmissions, signals or services.
(4) "Telecommunication service" -- Any service provided for a charge or compensation to facilitate the origination, transmission,
emission or reception of signs, signals, data, writing, images and sounds or intelligence of any nature by telephone, including
cellular telephones, wire, wireless, radio, electromagnetic, photelectronic or photo-optical system, network, facility or
technology; and any service provided by any radio, telephone, fiber optic, cable television, satellite, microwave, data transmission,
wireless or Internet-based distribution system, network, facility or technology, including, but not limited to, any and all
electronic, data, video, audio, Internet access, telephonic, microwave and radio communications, transmissions, signals and
services, and any such communications, transmissions, signals and services provided directly or indirectly by or through any
of the aforementioned systems, networks, facilities or technologies.
(5) "Telecommunication service provider" -- a. A person or entity providing a telecommunication service, whether directly
or indirectly as a reseller, including, but not limited to, a cellular, paging or other wireless communications company or
other person or entity which, for a fee, supplies the facility, cell site, mobile telephone switching office or other equipment
or telecommunication service;
b. Any person or entity owning or operating any cable television, satellite, Internet-based, telephone, wireless, microwave,
data transmission or radio distribution system, network or facility; and
§ 801. Arson in the third degree; affirmative defense; class G felony.
(a) A person is guilty of arson in the third degree when the person recklessly damages a building by intentionally starting
a fire or causing an explosion.
(b) In any prosecution under this section it is an affirmative defense that no person other than the accused had a possessory
or proprietary interest in the building.
Arson in the third degree is a class G felony.
11 Del. C. 1953, § 801; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 802. Arson in the second degree; affirmative defense; class D felony.
(a) A person is guilty of arson in the second degree when the person intentionally damages a building by starting a fire or
causing an explosion.
(b) In any prosecution under this section it is an affirmative defense that:
(1) No person other than the accused had a possessory or proprietary interest in the building, or if other persons had such
interests, all of them consented to the accused's conduct; and
(2) The accused's sole intent was to destroy or damage the building for a lawful purpose; and
(3) The accused had no reasonable ground to believe that the conduct might endanger the life or safety of another person or
damage another building.
Arson in the second degree is a class D felony.
11 Del. C. 1953, § 802; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 803. Arson in the first degree; class C felony.
A person is guilty of arson in the first degree when the person intentionally damages a building by starting a fire or causing
an explosion and when:
(1) The person knows that another person not an accomplice is present in the building at the time; or
(2) The person knows of circumstances which render the presence of another person not an accomplice therein a reasonable possibility.
Arson in the first degree is a class C felony.
11 Del. C. 1953, § 803; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 804. Reckless burning or exploding; class A misdemeanor.
(a) A person is guilty of reckless burning or exploding when the person intentionally starts a fire or causes an explosion,
whether on the person's own property or on another's, and thereby recklessly places a building or other real or personal property
of another in danger of destruction or damage or places another person in danger of physical injury.
(b) Reckless burning or exploding shall be punished as follows:
(1) Where the total amount of pecuniary loss caused by the burning or exploding, when totaled for all victims, is less than
$1,500, such burning or exploding shall be a class A misdemeanor.
(2) Where the total amount of pecuniary loss caused by the burning or exploding, when totaled for all victims, is $1,500 or
more, such burning or exploding shall be a class G felony.
11 Del. C. 1953, § 804; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 344, §§ 1, 2.;
§ 805. Cross or religious symbol burning; class A misdemeanor.
A person is guilty of cross or religious symbol burning when the person burns, or causes to be burned, any cross or other
religious symbol, upon any private or public property without the express written consent of the owner of such property and
without a minimum of 48 hours advanced notification of the proposed burning to the fire board or call board of the county
in which the burning is to take place.
Cross or religious symbol burning is a class A misdemeanor.
69 Del. Laws, c. 106, § 1; 70 Del. Laws, c. 186, § 1.;
§§ 806-810. [Reserved.]
§ 811. Criminal mischief; classification of crime; defense.
(a) A person is guilty of criminal mischief when the person intentionally or recklessly:
(1) Damages tangible property of another person; or
(2) Tampers with tangible property of another person so as to endanger person or property; or
(3) Tampers or makes connection with tangible property of a gas, electric, steam or waterworks corporation, telegraph or telephone
corporation or other public utility, except that in any prosecution under this subsection it is an affirmative defense that
the accused engaged in the conduct charged to constitute an offense for a lawful purpose.
(b) Criminal mischief is punished as follows:
(1) Criminal mischief is a class G felony if the actor intentionally causes pecuniary loss of $5,000 or more, or if the actor
intentionally causes a substantial interruption or impairment of public communication, transportation, supply of water, gas
or power, or other public service;
(2) Criminal mischief is a class A misdemeanor if the actor intentionally or recklessly causes pecuniary loss in excess of
$1,000;
(3) Otherwise criminal mischief is an unclassified misdemeanor.
(4) If an actor commits an act of criminal mischief of any degree on or along a Delaware byway, as defined in § 101(a)(9)
of Title 17, the court shall impose a minimum mandatory fine of at least $500.
(c) It is a defense that the defendant has a reasonable ground to believe that the defendant has a right to engage in the
conduct set forth in subsection (a) of this section.
11 Del. C. 1953, § 811; 58 Del. Laws, c. 497, § 1; 60 Del. Laws, c. 590, § 6; 65 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 211, § 1; 77 Del. Laws, c. 133, § 14; 77 Del. Laws, c. 350, § 1.;
§ 812. Graffiti and possession of graffiti implements; class G felony; class A misdemeanor; class B misdemeanor.
(a)(1) A person is guilty of the act of graffiti when the person intentionally, knowingly or recklessly draws, paints, etches
or makes any significant mark or inscription upon any public or private, real or personal property of another without the
permission of the owner.
(2) Graffiti is a class A misdemeanor, unless the property damage caused thereby exceeds $1500, in which case it is a class
G felony. The penalty for graffiti shall include a minimum fine of not less than $1000 which shall not be subject to suspension,
restitution for damages to the property and 250 hours of community service, at least half of which shall be served removing
graffiti on public property. The minimum fine and community service hours shall be doubled for a second or subsequent conviction
of an act of graffiti. The minimum fine shall also be doubled, and may not be suspended, for a first, second, or subsequent
conviction of an act of graffiti which is performed on or along a Delaware byway, as defined in § 101(a)(9) of Title 17.
(b)(1) A person is guilty of possession of graffiti implements when the person possesses any tool, instrument, article, substance,
solution or other compound designed or commonly used to etch, paint, cover, draw upon or otherwise place a mark upon a piece
of property which that person has no permission or authority to etch, paint, cover, draw upon or otherwise mark, under circumstances
evidencing an intent to use the same in order to commit an act of graffiti or damage such property.
(2) Possession of graffiti implements is a class B misdemeanor. The penalty for possession of graffiti implements shall include
a minimum fine of not less than $500 which shall not be subject to suspension, restitution for damages to the property and
100 hours of community service, at least half of which shall be served removing graffiti on public property. The minimum fine
and community service hours shall be doubled for a second or subsequent conviction of possession of graffiti implements.
71 Del. Laws, c. 464, § 1; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 68, § 1; 76 Del. Laws, c. 377, § 1; 77 Del. Laws, c. 181, §§ 1, 2; 77 Del. Laws, c. 350, § 2.;
§§ 813-819. [Reserved.]
§ 820. Trespassing with intent to peer or peep into a window or door of another; class B misdemeanor.
A person is guilty of trespassing with intent to peer or peep into a window or door of another when the person knowingly enters
upon the occupied property or premises of another utilized as a dwelling, with intent to peer or peep into the window or door
of such property or premises and who, while on such property or premises, otherwise acts in a manner commonly referred to
as "Peeping Tom." Any person violating this section may be referred by the court to the Delaware Psychiatric Center for examination
and for treatment. Justices of the peace shall have concurrent jurisdiction of violations of this section.
Trespassing with intent to peer or peep into a window or door of another is a class B misdemeanor.
11 Del. C. 1953, § 820; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 550, § 1.;
§ 821. Criminal trespass in the third degree; a violation.
A person is guilty of criminal trespass in the third degree when the person knowingly enters or remains unlawfully upon real
property.
Criminal trespass in the third degree is a violation.
11 Del. C. 1953, § 821; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 822. Criminal trespass in the second degree; unclassified misdemeanor.
A person is guilty of criminal trespass in the second degree when the person knowingly enters or remains unlawfully in a building
or upon real property which is fenced or otherwise enclosed in a manner manifestly designed to exclude intruders.
Criminal trespass in the second degree is an unclassified misdemeanor.
11 Del. C. 1953, § 822; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 823. Criminal trespass in the first degree; class A misdemeanor.
A person is guilty of criminal trespass in the first degree when the person knowingly enters or remains unlawfully in a dwelling
or building used to shelter, house, milk, raise, feed, breed, study or exhibit animals.
Criminal trespass in the first degree is a class A misdemeanor.
11 Del. C. 1953, § 823; 58 Del. Laws, c. 497, § 1; 65 Del. Laws, c. 482, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 824. Burglary in the third degree; class F felony.
A person is guilty of burglary in the third degree when the person knowingly enters or remains unlawfully in a building with
intent to commit a crime therein.
Burglary in the third degree is a class F felony.
11 Del. C. 1953, § 824; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 825. Burglary in the second degree; class D felony.
(a) A person is guilty of burglary in the second degree when the person knowingly enters or remains unlawfully:
(1) In a dwelling with intent to commit a crime therein; or
(2) In a building and when, in effecting entry or while in the building or in immediate flight therefrom, the person or another
participant in the crime:
a. Is armed with explosives or a deadly weapon; or
b. Causes physical injury to any person who is not a participant in the crime.
Burglary in the second degree is class D felony, except where the person who suffers physical injury is a person 62 years
of age or older in which case any violation of this section shall be a class C felony.
(b) Notwithstanding any provision of this section or Code to the contrary, any person convicted of burglary in the second
degree shall receive a minimum sentence of:
(1) One year at Level V; or
(2) Three years at Level V, if the conviction is for an offense that was committed within 5 years of the date of a previous
conviction for burglary first or second degree or if the conviction is for an offense that was committed within 5 years of
the date of termination of all periods of incarceration or confinement imposed pursuant to a previous conviction for burglary
first or second degree conviction.
Any sentence imposed pursuant to this subsection shall not be subject to the provisions of § 4215 of this title.
(c) The sentencing provisions of subsection (b) of this section apply to attempted burglary in the second degree as well as
burglary in the second degree.
11 Del. C. 1953, § 825; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 126, § 7; 74 Del. Laws, c. 106, § 4; 74 Del. Laws, c. 345, § 4.;
§ 826. Burglary in the first degree; class C felony.
(a) A person is guilty of burglary in the first degree when the person knowingly enters or remains unlawfully in a dwelling
at night with intent to commit a crime therein, and when, in effecting entry or when in the dwelling or in immediate flight
therefrom, the person or another participant in the crime:
(1) Is armed with explosives or a deadly weapon; or
(2) Causes physical injury to any person who is not a participant in the crime.
Burglary in the first degree is a class C felony, except where the person who suffers physical injury is a person 62 years
of age or older in which case any violation of this section shall be a class B felony.
(b) Notwithstanding any provision of this section or Code to the contrary, any person convicted of burglary in the first degree
shall receive a minimum sentence of:
(1) Two years at Level V; or
(2) Four years at Level V, if the conviction is for an offense that was committed within 5 years of the date of a previous
conviction for burglary first or second degree or if the conviction is for an offense that was committed within 5 years of
the date of termination of all periods of incarceration or confinement imposed pursuant to a previous conviction for burglary
first or second degree conviction.
Any sentence imposed pursuant to this subsection shall not be subject to the provisions of § 4215 of this title.
(c) The sentencing provisions of subsection (b) of this section apply to attempted burglary in the first degree as well as
burglary in the first degree.
11 Del. C. 1953, § 826; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 126, § 8; 74 Del. Laws, c. 106, § 5; 74 Del. Laws, c. 345, § 5.;
§ 827. Multiple offenses.
A person may be convicted both of burglary and of the offense which it was the purpose of the person's unlawful entry to commit
or for an attempt to commit that offense.
11 Del. C. 1953, § 827; 58 Del. Laws, c. 497, § 1; 70 Del. Laws, c. 186, § 1.;
§ 828. Possession of burglar's tools or instruments facilitating theft; class F felony.
(a) A person is guilty of possession of burglar's tools or instruments facilitating theft when, under circumstances evidencing
an intent to use or knowledge that some other person intends to use the same in the commission of an offense of such character,
the person possesses any tool, instrument, or other thing adapted, designed, or commonly used for committing or facilitating:
(1) Offenses involving unlawful entry into or upon premises,
(2) Offenses involving the unlocking, overriding, or disabling of a security device without authorization,
(3) Offenses involving forcible breaking or opening of safes, vending machines, automatic teller machines, lock boxes, gates,
doors or any container or depositories of property, or
(4) The offense of identity theft, such as a credit card, driver license or other document issued in a name other than the
name of the person who possesses the document.
(b) Possession of burglar's tools or instruments facilitating theft is a class F felony.
11 Del. C. 1953, § 828; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 478, §§ 1, 2; 72 Del. Laws, c. 297, § 2; 75 Del. Laws, c. 162, § 1.;
§ 829. Definitions relating to criminal trespass and burglary.
(a) "Burglar's tool or instruments" includes the term "bump key" which is a type of key used for a specific lock picking technique
called lock bumping.
(b) "Dwelling" means a building which is usually occupied by a person lodging therein at night.
(c) A person "enters" upon premises when the person introduces any body part or any part of any instrument, by whatever means,
into or upon the premises.
(d) A person "enters or remains unlawfully" in or upon premises when the person is not licensed or privileged to do so. A
person who, regardless of intent, enters or remains upon premises which appear at the time to be open to the public does so
with license and privilege unless the person defies a lawful order not to enter or remain, personally communicated by the
owner of the premises or another authorized person. A license or privilege to enter or remain in a building which is only
partly open to the public is not a license or privilege to enter or remain in that part of the building which is not open
to the public.
(e) The "intent to commit a crime therein" may be formed prior to the unlawful entry, be concurrent with the unlawful entry
or such intent may be formed after the entry while the person remains unlawfully.
(f) "Night" means a period between 30 minutes after sunset and 30 minutes before sunrise.
(g) "Premises" include the term "building" as defined in § 222 of this title, and any real property.
(h) "Security device" includes any lock, whether mechanical or electronic; or any warning device designed to alert a person
or the general public of a possible attempt to gain unlawful entry into or upon premises or a possible attempt to unlock,
bypass or otherwise disable a lock.
(i) A person possesses burglar tools or instruments facilitating theft "under circumstances evincing an intent to use or knowledge
that some other person intends to use" such when the person possesses the tools or instruments at a time and a place proximate
to the commission or attempt to commit a trespass, burglary, or theft-related offense or otherwise under circumstances not
manifestly appropriate for what lawful uses the tools or instruments may have.
11 Del. C. 1953, § 829; 58 Del. Laws, c. 497, § 1; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 478, § 3; 76 Del. Laws, c. 267, § 1; 76 Del. Laws, c. 310, § 1.;
§ 830. [Reserved.]
§ 831. Robbery in the second degree; class E felony.
(a) A person is guilty of robbery in the second degree when, in the course of committing theft, the person uses or threatens
the immediate use of force upon another person with intent to:
(1) Prevent or overcome resistance to the taking of the property or to the retention thereof immediately after the taking;
or
(2) Compel the owner of the property or another person to deliver up the property or to engage in other conduct which aids
in the commission of the theft.
Robbery in the second degree is a class E felony.
(b) In addition to its ordinary meaning, the phrase "in the course of committing theft" includes any act which occurs in an
attempt to commit theft or in immediate flight after the attempt or commission of the theft.
11 Del. C. 1953, § 831; 58 Del. Laws, c. 497, § 1; 65 Del. Laws, c. 517, § 1; 67 Del. Laws, c. 130, § 8; 68 Del. Laws, c. 129, § 4; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 47, § 1.;
§ 832. Robbery in the first degree.
(a) A person is guilty of robbery in the first degree when the person commits the crime of robbery in the second degree and
when, in the course of the commission of the crime or of immediate flight therefrom, the person or another participant in
the crime:
(1) Causes physical injury to any person who is not a participant in the crime; or
(2) Displays what appears to be a deadly weapon or represents by word or conduct that the person is in possession or control
of a deadly weapon; or
(3) Is armed with and uses or threatens the use of a dangerous instrument; or
(4) Commits said crime against a person who is 62 years of age or older.
Robbery in the first degree is a class B felony.
(b) Notwithstanding any provisions of this section or Code to the contrary, any person convicted of robbery in the first degree
shall receive a minimum sentence of:
(1) Three years at Level V; or
(2) Five years at Level V, if the conviction is for an offense that was committed within 10 years of the date of a previous
conviction for robbery in the first degree or if the conviction is for an offense that was committed within 10 years of the
date of termination of all periods of incarceration or confinement imposed pursuant to a previous conviction for robbery in
the first degree, whichever is the later date.
Any sentence imposed pursuant to this subsection shall not be subject to the provisions of § 4215 of this title.
(c) The sentencing provisions of this section apply to attempted robbery in the first degree as well as robbery in the first
degree.
11 Del. C. 1953, § 832; 58 Del. Laws, c. 497, § 1; 59 Del. Laws, c. 547, § 6; 60 Del. Laws, c. 240, §§ 1, 2; 63 Del. Laws, c. 329, § 1; 67 Del. Laws, c. 130, §§ 8, 13; 68 Del. Laws, c. 129, § 5; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 126, § 9; 74 Del. Laws, c. 93, § 1; 74 Del. Laws, c. 106, § 6; 74 Del. Laws, c. 345, § 6.;
§§ 833, 834. [Reserved.]
§ 835. Carjacking in the second degree; class E felony; class D felony.
(a) A person is guilty of carjacking in the second degree when that person knowingly and unlawfully takes possession or control
of a motor vehicle from another person or from the immediate presence of another person by coercion, duress or otherwise without
the permission of the other person.
(b)(1) Except as provided in paragraph (2) of this subsection, carjacking in the second degree is a class E felony.
(2) Carjacking in the second degree is a class D felony if the elements of subsection (a) of this section are met and if,
while in possession or control of the vehicle, the person:
a. Recklessly engages in conduct which creates a substantial risk of death or serious physical injury to another person; or
b. Compels a lawful occupant of the vehicle to leave the vehicle; or
c. Causes the vehicle to be operated recklessly.
(c) It is no defense to a prosecution under this section that the offender did not physically drive or operate the motor vehicle,
nor is it a defense under this section that the offender did not intend to permanently deprive the owner or another person
of the use of the vehicle.
(d) This section is not a related or included offense of § 831 or § 832 of this title. Nothing in this section shall be deemed
to preclude prosecution under any other provision of this Code.
72 Del. Laws, c. 34, § 1.;
§ 836. Carjacking in the first degree; class C felony; class B felony.
(a) A person is guilty of carjacking in the first degree when the person knowingly and unlawfully takes possession or control
of a motor vehicle from another person or from the immediate presence of another person by coercion, duress or otherwise without
the permission of the other person, and:
(1) While in possession or control of such vehicle the person commits or attempts to commit a class D or greater felony; or
(2) While in possession or control of such vehicle the person drives or operates the vehicle in violation of § 4177 of Title
21; or
(3) While in possession or control of such vehicle the person commits any offense set forth in Chapter 47 of Title 16; or
(4) While in possession or control of such vehicle or while in the course of taking or attempting to take possession or control
of such vehicle the person displays what appears to be a deadly weapon or represents by word or conduct that the person is
in possession or control of a deadly weapon.
(5) While in possession or control of such vehicle the person causes physical injury to another person; or
(6) The person from whom possession or control of the vehicle is taken, or an occupant or passenger of such vehicle, is 62
years of age or older or 14 years of age or younger.
(b) Carjacking in the first degree as defined in paragraphs (a)(1), (a)(2) and (a)(3) of this section is a class C felony.
Carjacking in the first degree as defined in paragraphs (a)(4), (a)(5) and (a)(6) of this section is a class B felony.
(c) It is no defense to a prosecution under this section that the offender did not physically drive or operate the motor vehicle,
nor is it a defense under this section that the offender did not intend to permanently deprive the owner or another person
of the use of the vehicle.
(d) It is no defense to a prosecution under paragraph (a)(6) of this section, that the accused did not know the age of the
person from whom possession or control of the vehicle is taken, or an occupant or passenger of such vehicle, or that the accused
reasonably believed such person to be under the age of 62 or over the age of 14.
(e) For the purpose of any prosecution under paragraph (a)(5) of this section, it is unnecessary to prove the accused's state
of mind with regard to causation of physical injury, notwithstanding the provisions of § 251 or § 252 of this title or any
other statute to the contrary.
(f) This section is not a related or included offense of § 831 or § 832 of this title. Nothing in this section shall be deemed
to preclude prosecution under any other provision of this Code.
72 Del. Laws, c. 34, § 2; 74 Del. Laws, c. 93, § 2.;
§ 837. Definitions relating to carjacking.
(a) "Another person" includes the owner of the vehicle or any operator, occupant, passenger of the vehicle or any other person
who has an interest in the use of the vehicle which the offender is not privileged to infringe.
(b) "Motor vehicle" or "vehicle," in addition to its ordinary meaning, includes any watercraft.
72 Del. Laws, c. 34, § 3.;
§§ 838, 839. [Reserved.]
§ 840. Shoplifting; class G felony; class A misdemeanor.
(a) A person is guilty of shoplifting if, while in a mercantile establishment in which goods, wares or merchandise are displayed
for sale, the person:
(1) Removes any such goods, wares or merchandise from the immediate use of display or from any other place within the establishment,
with intent to appropriate the same to the use of the person so taking, or to deprive the owner of the use, the value or possession
thereof without paying to the owner the value thereof; or
(2) Obtains possession of any goods, wares or merchandise by charging the same to any person without the authority of such
person or to a fictitious person with a like intent; or
(3) Conceals any such goods, wares or merchandise with like intent; or
(4) Alters, removes or otherwise disfigures any label, price tag or marking upon any such goods, wares or merchandise with
a like intent; or
(5) Transfers any goods, wares or merchandise from a container in which same shall be displayed or packaged to any other container
with like intent; or
(6) Uses any instrument whatsoever, credit slips or chose in action to obtain any goods, wares or merchandise with intent
to appropriate the same to the use of the person so taking or to deprive the owner of the use, the value or the possession
thereof without paying to the owner the value thereof.
(b) Any person wilfully concealing unpurchased merchandise of any store or other mercantile establishment, inside or outside
the premises of such store or other mercantile establishment, shall be presumed to have so concealed such merchandise with
the intention of converting the same to the person's own use without paying the purchase price thereof within the meaning
of subsection (a) of this section, and the finding of such merchandise concealed upon the person or among the belongings of
such person, outside of such store or other mercantile establishment, shall be presumptive evidence of intentional concealment;
and if such person conceals or causes to be concealed such merchandise upon the person or among the belongings of another,
the finding of the same shall also be presumptive evidence of intentional concealment on the part of the person so concealing
such merchandise.
(c) A merchant, a store supervisor, agent or employee of the merchant 18 years of age or older, who has probable cause for
believing that a person has intentionally concealed unpurchased merchandise or has committed shoplifting as defined in subsection
(a) of this section, may, for the purpose of summoning a law-enforcement officer, take the person into custody and detain
the person in a reasonable manner on the premises for a reasonable time.
(d) A merchant, a store supervisor, agent or employee of the merchant 18 years of age or older who detains, or a merchant,
a store supervisor, agent or employee of the merchant who causes or provides information leading to the arrest of any person
under subsection (a), (b) or (c) of this section, shall not be held civilly or criminally liable for such detention or arrest
provided they had, at the time of such detention or arrest, probable cause to believe that the person committed the crime
of shoplifting as defined in subsection (a) of this section.
Shoplifting is a class G felony when the goods, wares or merchandise shoplifted are of the value of $1,500 or more, or when
the goods, wares or merchandise shoplifted are from 3 or more separate mercantile establishments and were shoplifted in the
same or continuing course of conduct and the aggregate value of the goods is $1,500 or more. When the goods, wares or merchandise
shoplifted are of the value of less than $1,500, it is a class A misdemeanor.
11 Del. C. 1953, § 840; 58 Del. Laws, c. 497, § 1; 60 Del. Laws, c. 590, § 1; 61 Del. Laws, c. 35, § 1; 61 Del. Laws, c. 482, § 1; 65 Del. Laws, c. 497, § 2; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 211, § 2; 72 Del. Laws, c. 222, § 1; 77 Del. Laws, c. 133, § 1.;
§ 840A. Use of illegimate retail sales receipt or Universal Product Code Label.
(a) A person who, with intent to cheat or defraud another, possesses, uses, transfers, makes, alters, counterfeits or reproduces
a retail sales receipt or Universal Product Code Label is guilty of an offense under this section.
(b) A person convicted of violating this section shall be guilty of a class A misdemeanor, unless the person is convicted
of possessing 15 or more illegitimate retail sales receipts or Universal Product Code Labels or the aggregate value of the
money, property or services illegally obtained or credited to an account is $1,500 or more, in which case it is a class F
felony.
73 Del. Laws, c. 31, § 1; 77 Del. Laws, c. 133, § 2.;
§ 841. Theft; class G felony; class A misdemeanor; restitution.
(a) A person is guilty of theft when the person takes, exercises control over or obtains property of another person intending
to deprive that person of it or appropriate it. Theft includes the acts described in this section, as well as those described
in §§ 841A-846 of this title.
(b) A person is guilty of theft if the person, in any capacity, legally receives, takes, exercises control over or obtains
property of another which is the subject of theft, and fraudulently converts same to the person's own use.
(c)(1) Except where a victim is 62 years of age or older, or an "infirm adult" as defined in § 3902(12) of Title 31, or a
"disabled person" as defined in § 3901(a)(2) of Title 12, theft is a class A misdemeanor unless the value of the property
received, retained or disposed of is $1,500 or more, in which case it is a class G felony.
(2) Where a victim is 62 years of age or older, or an "infirm adult" as defined in § 3902(12) of Title 31, or a "disabled
person" as defined in § 3901(a)(2) of Title 12, theft is a class G felony unless the value of the property received, retained
or disposed of is $1,500 or more, in which case it is a class F felony.
(3) Notwithstanding paragraphs (c)(1) and (2) of this section:
a. Where the value of the property received, retained or disposed of is more than $50,000 but less than $100,000, theft is
a class E felony;
b. Where the value of the property received, retained or disposed of is $100,000 or more, theft is a class C felony.
(d) Upon conviction, the sentencing judge shall require full restitution to the victim for any monetary losses suffered and
shall consider the imposition of community service and/or an appropriate curfew for a minor.
11 Del. C. 1953, § 841; 58 Del. Laws, c. 497, § 1; 60 Del. Laws, c. 590, § 2; 65 Del. Laws, c. 497, § 3; 67 Del. Laws, c. 130, § 8; 69 Del. Laws, c. 315, § 1; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 209, § 1; 70 Del. Laws, c. 364, §§ 1, 2; 73 Del. Laws, c. 126, §§ 10, 11; 76 Del. Laws, c. 98, § 3; 77 Del. Laws, c. 133, § 3.;
§ 841A. Theft of a motor vehicle; class G felony.
(a) A person is guilty of theft of a motor vehicle when the person takes, exercises control over or obtains a motor vehicle
of another person intending to deprive the other person of it or appropriate it.
(b) As used in this section "motor vehicle" means an automobile, motorcycle, van, truck, trailer, semitrailer, truck tractor
and semitrailer combination, or any other vehicle which is self-propelled, which is designed to be operated primarily on a
roadway as defined in § 101 of Title 21, and in, upon or by which any person or property is or may be transported. "Motor
vehicle" as used in this section shall not include any device that is included within the definitions of "moped", "off-highway
(OHV)", "triped", "motorized scooter or skateboard", "motorized wheelchair" or "electric personal assistive mobility device
(EPAMD)" as defined in § 101 of Title 21.
(c) Theft of a motor vehicle is a class G felony.
75 Del. Laws, c. 290, § 1.;
§ 841B. Theft: Organized retail crime; class A misdemeanor; class E felony.
(a) A person is guilty of "theft: organized retail crime" when the person takes, exercises control over, or obtains retail
merchandise of another person intending to deprive that person of it, or receives stolen property in violation of § 851 of
this title, in quantities that would not normally be purchased for personal use or consumption, with the intent to appropriate
or to resell or reenter the merchandise into commerce.
(b) For purposes of this section, a series of organized retail crime thefts committed by a person or group of persons may
be aggregated into 1 count or charge, with the sum of the value of all the retail merchandise being the value considered in
determining the degree of theft: organized retail crime.
(c) In addition to the provisions of § 841(c) and (d) of this title, if a defendant has 2 or more times been convicted of
theft: organized retail crime, the offense of theft: organized retail crime is a class E felony.
76 Del. Laws, c. 98, § 4.;
§ 841C. Possession or theft of a prescription form or a pad.
(a) A person in possession of a blank prescription form or pad who is not a practitioner as defined in this section shall
be guilty of a class G felony. "Possession" in addition to its ordinary meaning, includes location on or about the defendant's
person, premises, belongings, vehicle or otherwise within the defendant's reasonable control.
(b) A person is guilty of theft of a blank prescription form or pad when the person is not a practitioner as defined in this
section and takes, exercises control over, obtains or receives, produces or reproduces any facsimile or counterfeit version
of, or transfers, uses, gives, or sells any copies, facsimiles or counterfeit versions, a prescription form or pad of a practitioner
with the intent to deprive the practitioner of the use thereof or to facilitate the commission of drug diversion.
(1) A "practitioner" means:
a. A physician, dentist, veterinarian, scientific investigator or other person licensed, registered or otherwise permitted
to distribute, dispense, conduct research with respect to or to administer a controlled or noncontrolled substance in the
course of professional practice or research in this State.
b. A pharmacy, hospital or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct
research with respect to or to administer a controlled or noncontrolled substance in the course of professional practice or
research in this State.
(2) Theft of a blank prescription form or pad is a class F felony.
77 Del. Laws, c. 161, § 1.;
§ 842. Theft; lost or mislaid property; mistaken delivery.
A person commits theft when, with the intent prescribed in § 841 of this title, the person exercises control over property
of another person which the person knows to have been lost or mislaid, or to have been delivered under a mistake as to the
identity of the recipient or the nature or value of the property, without taking reasonable measures to return the property
to its owner.
11 Del. C. 1953, § 842; 58 Del. Laws, c. 497, § 1; 70 Del. Laws, c. 186, § 1.;
§ 843. Theft; false pretense.
A person commits theft when, with the intent prescribed in § 841 of this title, the person obtains property of another person
by intentionally creating or reinforcing a false impression as to a present or past fact, or by preventing the other person
from acquiring information which would adversely affect the other person's judgment of a transaction.
11 Del. C. 1953, § 843; 58 Del. Laws, c. 497, § 1; 70 Del. Laws, c. 186, § 1.;
§ 844. Theft; false promise.
A person commits theft when, with the intent prescribed in § 841 of this title, the person obtains property of another person
by means of a representation, express or implied, that the person or a third person will in the future engage in particular
conduct, and when the person does not intend to engage in such conduct or, as the case may be, does not believe the third
person intends to engage in such conduct. The accused's intention or belief that a promise would not be performed may not
be established by or inferred from the fact alone that the promise was not performed.
11 Del. C. 1953, § 844; 58 Del. Laws, c. 497, § 1; 70 Del. Laws, c. 186, § 1.;
§ 845. Theft of services.
(a) A person commits theft when, with the intent specified in § 841 of this title, the person obtains services which the person
knows are available only for compensation by deception, threat, false token, false representation or statement or by installing,
rearranging or tampering with any facility or equipment or by any other trick, contrivance or any other device to avoid payment
for the services.
(b) In any prosecution for theft of services where services have been obtained from a public utility by the installation of,
rearrangement of or tampering with any facility or equipment owned or used by the public utility to provide such services,
without the consent or permission of the public utility, or by any other trick or contrivance, it shall be a rebuttable presumption
that the person to whom the services are being furnished has created, caused or knows of the condition which is a violation
of this section.
(c) A person who has obtained services from a public utility by installing, rearranging or tampering with any facility or
equipment owned or used by the public utility to provide such services, or by any other trick or contrivance, is presumed
to have done so with an intent to avoid, or to enable others to avoid, payment for the services involved.
(d) The rebuttable presumptions referred to in subsections (b) and (c) of this section shall not apply to any person to whom
such services have been furnished for less than 31 days or until there has been at least 1 meter reading.
11 Del. C. 1953, § 845; 58 Del. Laws, c. 497, § 1; 61 Del. Laws, c. 227, §§ 1, 2; 70 Del. Laws, c. 186, § 1.;
§ 846. Extortion; class E felony.
A person commits extortion when, with the intent prescribed in § 841 of this title, the person compels or induces another
person to deliver property to the person or to a third person by means of instilling in the victim a fear that, if the property
is not so delivered, the defendant or another will:
(1) Cause physical injury to anyone; or
(2) Cause damage to property; or
(3) Engage in other conduct constituting a crime; or
(4) Accuse anyone of a crime or cause criminal charges to be instituted against anyone; or
(5) Expose a secret or publicize an asserted fact, whether true or false, tending to subject anyone to hatred, contempt or
ridicule; or
(6) Falsely testify or provide information or withhold testimony or information with respect to another's legal claim or defense;
or
(7) Use or abuse the defendant's position as a public servant by performing some act within or related to the defendant's
official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely;
or
(8) Perform any other act which is calculated to harm another person materially with respect to the person's health, safety,
business, calling, career, financial condition, reputation or personal relationships.
Extortion is a class E felony, except where the victim is a person 62 years of age or older, in which case any violation of
this section shall be a class D felony.
11 Del. C. 1953, § 846; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 126, § 12.;
§ 847. Theft, extortion; claim of right as an affirmative defense.
(a) In any prosecution for theft or extortion it is an affirmative defense that the property was appropriated by the actor
under a claim of right, made in good faith, to do substantially what the actor did in the manner in which it was done.
(b) In any prosecution for extortion where the facts are as described in § 846(4) of this title, it is an affirmative defense
that the accused believed the threatened criminal charge to be true and that the accused's sole purpose was to compel or induce
the victim to take reasonable action to make good the wrong which was the subject of the threatened charge.
11 Del. C. 1953, § 847; 58 Del. Laws, c. 497, § 1; 70 Del. Laws, c. 186, § 1.;
§ 848. Misapplication of property; class G felony; class A misdemeanor.
A person is guilty of misapplication of property when, knowingly possessing personal property of another pursuant to an agreement
that it will be returned to the owner at a future time, the person sells, loans, leases, pledges, pawns or otherwise encumbers
the property without the consent of the owner thereof in such a manner as to create a risk that the owner will be unable to
recover it or will suffer pecuniary loss.
Misapplication of property is a class A misdemeanor, unless the value of the property received, retained or disposed of is
$1,500 or more, in which case it is a class G felony.
11 Del. C. 1953, § 848; 58 Del. Laws, c. 497, § 1; 60 Del. Laws, c. 590, § 3; 65 Del. Laws, c. 497, § 4; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 211, § 4; 77 Del. Laws, c. 133, § 4.;
§ 849. Theft of rented property; class A misdemeanor or class G felony.
(a) A person is guilty of theft of rental property if the person, with the intent specified in § 841 of this title, takes,
destroys, converts, wrongfully withholds or appropriates by fraud, deception, threat, false token, false representation or
statement, or by any trick, contrivance or other device to avoid payment for or to otherwise appropriate rental property entrusted
to said person. For purposes of this section, "property" shall include the use of vehicles or other movable property.
(b) If the finder of fact shall find:
(1) That one who has leased or rented the personal property of another, failed to return or make arrangements acceptable to
the rentor (lessor) to return the property to the rentor or the rentor's agent within 10 days after proper notice, following
the expiration of the rental (lease) contract; and/or
(2) That one who has leased or rented the personal property of another and has returned such property, failed to make payment,
at the agreed rental rate, for the full period which the property was rented or leased, except when said person has a good
faith dispute with the owner of the rental property as to whether any payment, or additional payment, is due to the owner
of the rental property; and/or
(3) That the rentee (lessee) presented identification to the rentor which was materially false, fictitious or not current
with respect to name, address, place of employment or other appropriate items,
then the finder of fact shall be permitted, but not required, to presume intent to commit theft.
(c) As used in subsection (b) of this section, "proper notice" shall consist of a written demand by the rentor made after
the expiration of the rental period mailed by certified or registered mail to the rentee at:
(1) The address the rentee gave when the rental contract was made; or
(2) The rentee's last known address if later furnished in writing by the rentee or the rentee's agent.
(d) The reasonable and fair market value of the property obtained shall be utilized in determining the amount involved in
the theft.
(e) The following 3 factors, if established by the rentee by a preponderance of the evidence, shall constitute an affirmative
defense to prosecution for theft, that the rentee:
(1) Accurately stated the rentee's name, address and other material items of identification at the time of the rental;
(2) Failed to receive the rentor's notice personally due in no significant part to the fault of the rentee; and
(3) Returned the personal property to the rentor or the rentor's agent within 48 hours of the commencement of the prosecution,
together with any charges for the overdue period and the value of damages (if any) to the property.
Theft of rented property is a class A misdemeanor, unless the value of the property is $1,500 or more, in which case it is
a class G felony.
69 Del. Laws, c. 110, § 1; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 211, § 5; 70 Del. Laws, c. 260, §§ 1-3; 77 Del. Laws, c. 133, § 5.;
§ 850. Use, possession, manufacture, distribution and sale of unlawful telecommunication and access devices.
(a) Prohibited acts -- A person is guilty of a violation of this section if the person knowingly:
(1) Manufactures, assembles, distributes, possesses with intent to distribute, transfers, sells, promotes, offers or advertises
for sale, use or distribution any unlawful telecommunication device or modifies, alters, programs or reprograms a telecommunication
device:
a. For the unauthorized acquisition or theft of any telecommunication service or to receive, disrupt, transmit, decrypt, acquire
or facilitate the receipt, disruption, transmission, decryption or acquisition of any telecommunication service without the
express consent or express authorization of the telecommunication service provider; or
b. To conceal, or to assist another to conceal from any telecommunication service provider or from any lawful authority, the
existence or place of origin or destination, or the originating and receiving telephone numbers, of any telecommunication
under circumstances evincing an intent to use the same in the commission of any offense.
(2) Manufacturers, assembles, distributes, possesses with intent to distribute, transfers, sells, offers, promotes or advertises
for sale, use or distribution any unlawful access device;
(3) Prepares, distributes, possesses with intent to distribute, sells, gives, transfers, offers, promotes or advertises for
sale, use or distribution:
a. Plans or instructions for the manufacture or assembly of an unlawful telecommunication or access or device under circumstances
evincing an intent to use or employ the unlawful telecommunication access device, or to allow the unlawful telecommunication
or access device to be used, for a purpose prohibited by this section, or knowing or having reason to believe that the unlawful
telecommunication or access device is intended to be so used, or that the plan or instruction is intended to be used for the
manufacture of assembly of the unlawful telecommunication or access device; or
b. Material, including hardware, cables, tools, data, computer software or other information or equipment, knowing that the
purchaser or a third person intends to use the material in the manufacture of an unlawful telecommunication or access device.
(b) Criminal penalties -- (1) Except as provided for in paragraph (2) or (3) of this subsection, an offense under this section
is an unclassified misdemeanor with a sentence up to 1 year incarceration at Level V, and a fine of up to $10,000 for all
violations of this section.
(2) A person shall be guilty of a class F felony if:
a. The defendant has been convicted previously under this section or convicted of any similar crime in this or any Federal
or other state jurisdiction; or
b. The violation of this section involves at least 10, but not more than 50, unlawful telecommunication or access devices.
(3) A person shall be guilty of a class D felony if:
a. The defendant has been convicted previously on 2 or more occasions for offenses under this section or for any similar crime
in this or any federal or other state jurisdiction; or
b. The violation of this section involves more than 50 unlawful telecommunication or access devices.
(4) For purposes of grading an offense based upon a prior conviction under this section or for any similar crime pursuant
to paragraphs (2)a. and (3)a. of this subsection, a prior conviction shall consist of convictions upon separate indictments
or criminal complaints for offenses under this section or any similar crime in this or any federal or other state jurisdiction.
(5) As provided for in paragraphs (2)a. and (3)a. of this subsection, in grading an offense under this section based upon
a prior conviction, the term "any similar crime" shall include, but not be limited to, offenses involving theft of service
or fraud, including violations of the Cable Communications Policy Act of 1984 (Public Law 98-549, 98 Stat.2779).
(6) Separate offenses -- For purposes of all criminal fines established for violations of this section, the prohibited activity
established herein as it applies to each unlawful telecommunication or access device shall be deemed a separate offense.
(7) Fines -- For purposes of imposing fines upon conviction of a defendant for an offense under this section, all fines shall
be imposed for each unlawful telecommunication or access device involved in the violation.
(8) Restitution -- The court shall, in addition to any other sentence authorized by law, sentence a person convicted of violating
this section to make restitution in the manner provided in § 4106 of this title.
(9) Forfeiture of unlawful telecommunication or access devices -- Upon conviction of a defendant under this section, the court
may, in addition to any other sentence authorized by law, direct that the defendant forfeit any unlawful telecommunication
or access devices in the defendant's possession or control which were involved in the violation for which the defendant was
convicted.
(c) Venue -- An offense under this section may be deemed to have been committed at either the place where the defendant manufactures
or assembles an unlawful telecommunication or access device, or assists others in doing so, or the places where the unlawful
telecommunication or access device is sold or delivered to a purchaser or recipient. It shall be no defense to a violation
of this section that some of the acts constituting the offense occurred outside of this State.
(d) Civil action -- (1) Any person aggrieved by a violation of this section may bring a civil action in any court of competent
jurisdiction.
(2) The court may:
a. Grant preliminary and final injunctions to prevent or restrain violations of this section;
b. At any time while an action is pending, order the impounding, on such terms as it deems reasonable, of any unlawful telecommunication
or access device that is in the custody or control of the violator and that the court has reasonable cause to believe was
involved in the alleged violation of this section;
c. Award damages as described in paragraph (3) of this subsection;
d. In its discretion, award reasonable attorney fees and costs, including, but not limited to, costs for investigation, testing
and expert witness fees, to an aggrieved party who prevails; and
e. As part of a final judgment or decree finding a violation of this section, order the remedial modification or destruction
of any unlawful telecommunication or access device involved in the violation that is in the custody or control of the violator
or has been impounded under subsection (b) of this section.
(3) Types of damages recoverable -- Damages awarded by a court under this section shall be computed as either of the following:
a. Upon the complaining party's election of such damages at any time before final judgment is entered, the complaining party
may recover the actual damages suffered by the complaining party as a result of the violation of this section and any profits
of the violator that are attributable to the violation and are not taken into account in computing the actual damages. In
determining the violator's profits, the complaining party shall be required to prove only the violator's gross revenue, and
the violator shall be required to prove the violator's own deductible expenses and the elements of profit attributable to
factors other than the violation; or
b. Upon election by the complaining party at any time before final judgment is entered, that party may recover in lieu of
actual damages an award of statutory damages of between $250 to $10,000 for each unlawful telecommunication or access device
involved in the action, with the amount of statutory damages to be determined by the court as the court considers just. In
any case where the court finds that any of the violations of this section were committed wilfully and for purposes of commercial
advantage or private financial gain, the court in its discretion may increase the award of statutory damages by an amount
of not more than $50,000 for each unlawful telecommunication or access device involved in the action.
(4) For purposes of all civil remedies established for violations of this section, the prohibited activity established in
this section applies to each unlawful telecommunication or access device and shall be deemed a separate violation.
(e) Definitions -- As used in this section, the following words and phrases shall have the meanings given to them in this
subsection.
(1) "Manufacture or assembly of any unlawful access device" -- To make, produce or assemble an unlawful access device or modify,
alter, program or reprogram any instrument, device, machine, equipment, technology or software so that it is capable of defeating
or circumventing any technology, device or software used by the provider, owner or licensee of a telecommunication service,
or of any data, audio or video programs or transmissions, to protect any such telecommunication, data, audio or video services,
programs or transmissions from unauthorized receipt, acquisition, access, decryption, disclosure, communication, transmission
or retransmission, or to knowingly assist others in those activities.
(2) "Manufacture or assembly of unlawful telecommunications device" -- To make, produce or assemble an unlawful telecommunication
device or to modify, alter, program or reprogram a telecommunication device to be capable of acquiring, disrupting, receiving,
transmitting, decrypting or facilitating the acquisition, disruption, receipt, transmission or decryption of a telecommunication
service without the express consent or express authorization of the telecommunication service provider, or to knowingly assist
others in those activities.
(3) "Telecommunications device" -- Any type of instrument, device, machine, equipment, technology or software which is capable
of transmitting, acquiring, decrypting or receiving any telephonic, electronic, data, Internet access, audio, video, microwave
or radio transmissions, signals, communications or services, including the receipt, acquisition, transmission or decryption
of all such communications, transmissions, signals or services provided by or through any cable television, fiber optic, telephone,
satellite, microwave, data transmission, radio, Internet-based or wireless distribution network, system or facility, or any
part, accessory or components thereof, including any computer circuit, security module, smart card, software, computer chip,
electronic mechanism or other component, accessory or part of any telecommunication device which is capable of facilitating
the transmission, decryption, acquisition or reception of all such communications, transmissions, signals or services.
(4) "Telecommunication service" -- Any service provided for a charge or compensation to facilitate the origination, transmission,
emission or reception of signs, signals, data, writing, images and sounds or intelligence of any nature by telephone, including
cellular telephones, wire, wireless, radio, electromagnetic, photelectronic or photo-optical system, network, facility or
technology; and any service provided by any radio, telephone, fiber optic, cable television, satellite, microwave, data transmission,
wireless or Internet-based distribution system, network, facility or technology, including, but not limited to, any and all
electronic, data, video, audio, Internet access, telephonic, microwave and radio communications, transmissions, signals and
services, and any such communications, transmissions, signals and services provided directly or indirectly by or through any
of the aforementioned systems, networks, facilities or technologies.
(5) "Telecommunication service provider" -- a. A person or entity providing a telecommunication service, whether directly
or indirectly as a reseller, including, but not limited to, a cellular, paging or other wireless communications company or
other person or entity which, for a fee, supplies the facility, cell site, mobile telephone switching office or other equipment
or telecommunication service;
b. Any person or entity owning or operating any cable television, satellite, Internet-based, telephone, wireless, microwave,
data transmission or radio distribution system, network or facility; and
§ 801. Arson in the third degree; affirmative defense; class G felony.
(a) A person is guilty of arson in the third degree when the person recklessly damages a building by intentionally starting
a fire or causing an explosion.
(b) In any prosecution under this section it is an affirmative defense that no person other than the accused had a possessory
or proprietary interest in the building.
Arson in the third degree is a class G felony.
11 Del. C. 1953, § 801; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 802. Arson in the second degree; affirmative defense; class D felony.
(a) A person is guilty of arson in the second degree when the person intentionally damages a building by starting a fire or
causing an explosion.
(b) In any prosecution under this section it is an affirmative defense that:
(1) No person other than the accused had a possessory or proprietary interest in the building, or if other persons had such
interests, all of them consented to the accused's conduct; and
(2) The accused's sole intent was to destroy or damage the building for a lawful purpose; and
(3) The accused had no reasonable ground to believe that the conduct might endanger the life or safety of another person or
damage another building.
Arson in the second degree is a class D felony.
11 Del. C. 1953, § 802; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 803. Arson in the first degree; class C felony.
A person is guilty of arson in the first degree when the person intentionally damages a building by starting a fire or causing
an explosion and when:
(1) The person knows that another person not an accomplice is present in the building at the time; or
(2) The person knows of circumstances which render the presence of another person not an accomplice therein a reasonable possibility.
Arson in the first degree is a class C felony.
11 Del. C. 1953, § 803; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 804. Reckless burning or exploding; class A misdemeanor.
(a) A person is guilty of reckless burning or exploding when the person intentionally starts a fire or causes an explosion,
whether on the person's own property or on another's, and thereby recklessly places a building or other real or personal property
of another in danger of destruction or damage or places another person in danger of physical injury.
(b) Reckless burning or exploding shall be punished as follows:
(1) Where the total amount of pecuniary loss caused by the burning or exploding, when totaled for all victims, is less than
$1,500, such burning or exploding shall be a class A misdemeanor.
(2) Where the total amount of pecuniary loss caused by the burning or exploding, when totaled for all victims, is $1,500 or
more, such burning or exploding shall be a class G felony.
11 Del. C. 1953, § 804; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 344, §§ 1, 2.;
§ 805. Cross or religious symbol burning; class A misdemeanor.
A person is guilty of cross or religious symbol burning when the person burns, or causes to be burned, any cross or other
religious symbol, upon any private or public property without the express written consent of the owner of such property and
without a minimum of 48 hours advanced notification of the proposed burning to the fire board or call board of the county
in which the burning is to take place.
Cross or religious symbol burning is a class A misdemeanor.
69 Del. Laws, c. 106, § 1; 70 Del. Laws, c. 186, § 1.;
§§ 806-810. [Reserved.]
§ 811. Criminal mischief; classification of crime; defense.
(a) A person is guilty of criminal mischief when the person intentionally or recklessly:
(1) Damages tangible property of another person; or
(2) Tampers with tangible property of another person so as to endanger person or property; or
(3) Tampers or makes connection with tangible property of a gas, electric, steam or waterworks corporation, telegraph or telephone
corporation or other public utility, except that in any prosecution under this subsection it is an affirmative defense that
the accused engaged in the conduct charged to constitute an offense for a lawful purpose.
(b) Criminal mischief is punished as follows:
(1) Criminal mischief is a class G felony if the actor intentionally causes pecuniary loss of $5,000 or more, or if the actor
intentionally causes a substantial interruption or impairment of public communication, transportation, supply of water, gas
or power, or other public service;
(2) Criminal mischief is a class A misdemeanor if the actor intentionally or recklessly causes pecuniary loss in excess of
$1,000;
(3) Otherwise criminal mischief is an unclassified misdemeanor.
(4) If an actor commits an act of criminal mischief of any degree on or along a Delaware byway, as defined in § 101(a)(9)
of Title 17, the court shall impose a minimum mandatory fine of at least $500.
(c) It is a defense that the defendant has a reasonable ground to believe that the defendant has a right to engage in the
conduct set forth in subsection (a) of this section.
11 Del. C. 1953, § 811; 58 Del. Laws, c. 497, § 1; 60 Del. Laws, c. 590, § 6; 65 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 211, § 1; 77 Del. Laws, c. 133, § 14; 77 Del. Laws, c. 350, § 1.;
§ 812. Graffiti and possession of graffiti implements; class G felony; class A misdemeanor; class B misdemeanor.
(a)(1) A person is guilty of the act of graffiti when the person intentionally, knowingly or recklessly draws, paints, etches
or makes any significant mark or inscription upon any public or private, real or personal property of another without the
permission of the owner.
(2) Graffiti is a class A misdemeanor, unless the property damage caused thereby exceeds $1500, in which case it is a class
G felony. The penalty for graffiti shall include a minimum fine of not less than $1000 which shall not be subject to suspension,
restitution for damages to the property and 250 hours of community service, at least half of which shall be served removing
graffiti on public property. The minimum fine and community service hours shall be doubled for a second or subsequent conviction
of an act of graffiti. The minimum fine shall also be doubled, and may not be suspended, for a first, second, or subsequent
conviction of an act of graffiti which is performed on or along a Delaware byway, as defined in § 101(a)(9) of Title 17.
(b)(1) A person is guilty of possession of graffiti implements when the person possesses any tool, instrument, article, substance,
solution or other compound designed or commonly used to etch, paint, cover, draw upon or otherwise place a mark upon a piece
of property which that person has no permission or authority to etch, paint, cover, draw upon or otherwise mark, under circumstances
evidencing an intent to use the same in order to commit an act of graffiti or damage such property.
(2) Possession of graffiti implements is a class B misdemeanor. The penalty for possession of graffiti implements shall include
a minimum fine of not less than $500 which shall not be subject to suspension, restitution for damages to the property and
100 hours of community service, at least half of which shall be served removing graffiti on public property. The minimum fine
and community service hours shall be doubled for a second or subsequent conviction of possession of graffiti implements.
71 Del. Laws, c. 464, § 1; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 68, § 1; 76 Del. Laws, c. 377, § 1; 77 Del. Laws, c. 181, §§ 1, 2; 77 Del. Laws, c. 350, § 2.;
§§ 813-819. [Reserved.]
§ 820. Trespassing with intent to peer or peep into a window or door of another; class B misdemeanor.
A person is guilty of trespassing with intent to peer or peep into a window or door of another when the person knowingly enters
upon the occupied property or premises of another utilized as a dwelling, with intent to peer or peep into the window or door
of such property or premises and who, while on such property or premises, otherwise acts in a manner commonly referred to
as "Peeping Tom." Any person violating this section may be referred by the court to the Delaware Psychiatric Center for examination
and for treatment. Justices of the peace shall have concurrent jurisdiction of violations of this section.
Trespassing with intent to peer or peep into a window or door of another is a class B misdemeanor.
11 Del. C. 1953, § 820; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 550, § 1.;
§ 821. Criminal trespass in the third degree; a violation.
A person is guilty of criminal trespass in the third degree when the person knowingly enters or remains unlawfully upon real
property.
Criminal trespass in the third degree is a violation.
11 Del. C. 1953, § 821; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 822. Criminal trespass in the second degree; unclassified misdemeanor.
A person is guilty of criminal trespass in the second degree when the person knowingly enters or remains unlawfully in a building
or upon real property which is fenced or otherwise enclosed in a manner manifestly designed to exclude intruders.
Criminal trespass in the second degree is an unclassified misdemeanor.
11 Del. C. 1953, § 822; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 823. Criminal trespass in the first degree; class A misdemeanor.
A person is guilty of criminal trespass in the first degree when the person knowingly enters or remains unlawfully in a dwelling
or building used to shelter, house, milk, raise, feed, breed, study or exhibit animals.
Criminal trespass in the first degree is a class A misdemeanor.
11 Del. C. 1953, § 823; 58 Del. Laws, c. 497, § 1; 65 Del. Laws, c. 482, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 824. Burglary in the third degree; class F felony.
A person is guilty of burglary in the third degree when the person knowingly enters or remains unlawfully in a building with
intent to commit a crime therein.
Burglary in the third degree is a class F felony.
11 Del. C. 1953, § 824; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 825. Burglary in the second degree; class D felony.
(a) A person is guilty of burglary in the second degree when the person knowingly enters or remains unlawfully:
(1) In a dwelling with intent to commit a crime therein; or
(2) In a building and when, in effecting entry or while in the building or in immediate flight therefrom, the person or another
participant in the crime:
a. Is armed with explosives or a deadly weapon; or
b. Causes physical injury to any person who is not a participant in the crime.
Burglary in the second degree is class D felony, except where the person who suffers physical injury is a person 62 years
of age or older in which case any violation of this section shall be a class C felony.
(b) Notwithstanding any provision of this section or Code to the contrary, any person convicted of burglary in the second
degree shall receive a minimum sentence of:
(1) One year at Level V; or
(2) Three years at Level V, if the conviction is for an offense that was committed within 5 years of the date of a previous
conviction for burglary first or second degree or if the conviction is for an offense that was committed within 5 years of
the date of termination of all periods of incarceration or confinement imposed pursuant to a previous conviction for burglary
first or second degree conviction.
Any sentence imposed pursuant to this subsection shall not be subject to the provisions of § 4215 of this title.
(c) The sentencing provisions of subsection (b) of this section apply to attempted burglary in the second degree as well as
burglary in the second degree.
11 Del. C. 1953, § 825; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 126, § 7; 74 Del. Laws, c. 106, § 4; 74 Del. Laws, c. 345, § 4.;
§ 826. Burglary in the first degree; class C felony.
(a) A person is guilty of burglary in the first degree when the person knowingly enters or remains unlawfully in a dwelling
at night with intent to commit a crime therein, and when, in effecting entry or when in the dwelling or in immediate flight
therefrom, the person or another participant in the crime:
(1) Is armed with explosives or a deadly weapon; or
(2) Causes physical injury to any person who is not a participant in the crime.
Burglary in the first degree is a class C felony, except where the person who suffers physical injury is a person 62 years
of age or older in which case any violation of this section shall be a class B felony.
(b) Notwithstanding any provision of this section or Code to the contrary, any person convicted of burglary in the first degree
shall receive a minimum sentence of:
(1) Two years at Level V; or
(2) Four years at Level V, if the conviction is for an offense that was committed within 5 years of the date of a previous
conviction for burglary first or second degree or if the conviction is for an offense that was committed within 5 years of
the date of termination of all periods of incarceration or confinement imposed pursuant to a previous conviction for burglary
first or second degree conviction.
Any sentence imposed pursuant to this subsection shall not be subject to the provisions of § 4215 of this title.
(c) The sentencing provisions of subsection (b) of this section apply to attempted burglary in the first degree as well as
burglary in the first degree.
11 Del. C. 1953, § 826; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 126, § 8; 74 Del. Laws, c. 106, § 5; 74 Del. Laws, c. 345, § 5.;
§ 827. Multiple offenses.
A person may be convicted both of burglary and of the offense which it was the purpose of the person's unlawful entry to commit
or for an attempt to commit that offense.
11 Del. C. 1953, § 827; 58 Del. Laws, c. 497, § 1; 70 Del. Laws, c. 186, § 1.;
§ 828. Possession of burglar's tools or instruments facilitating theft; class F felony.
(a) A person is guilty of possession of burglar's tools or instruments facilitating theft when, under circumstances evidencing
an intent to use or knowledge that some other person intends to use the same in the commission of an offense of such character,
the person possesses any tool, instrument, or other thing adapted, designed, or commonly used for committing or facilitating:
(1) Offenses involving unlawful entry into or upon premises,
(2) Offenses involving the unlocking, overriding, or disabling of a security device without authorization,
(3) Offenses involving forcible breaking or opening of safes, vending machines, automatic teller machines, lock boxes, gates,
doors or any container or depositories of property, or
(4) The offense of identity theft, such as a credit card, driver license or other document issued in a name other than the
name of the person who possesses the document.
(b) Possession of burglar's tools or instruments facilitating theft is a class F felony.
11 Del. C. 1953, § 828; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 478, §§ 1, 2; 72 Del. Laws, c. 297, § 2; 75 Del. Laws, c. 162, § 1.;
§ 829. Definitions relating to criminal trespass and burglary.
(a) "Burglar's tool or instruments" includes the term "bump key" which is a type of key used for a specific lock picking technique
called lock bumping.
(b) "Dwelling" means a building which is usually occupied by a person lodging therein at night.
(c) A person "enters" upon premises when the person introduces any body part or any part of any instrument, by whatever means,
into or upon the premises.
(d) A person "enters or remains unlawfully" in or upon premises when the person is not licensed or privileged to do so. A
person who, regardless of intent, enters or remains upon premises which appear at the time to be open to the public does so
with license and privilege unless the person defies a lawful order not to enter or remain, personally communicated by the
owner of the premises or another authorized person. A license or privilege to enter or remain in a building which is only
partly open to the public is not a license or privilege to enter or remain in that part of the building which is not open
to the public.
(e) The "intent to commit a crime therein" may be formed prior to the unlawful entry, be concurrent with the unlawful entry
or such intent may be formed after the entry while the person remains unlawfully.
(f) "Night" means a period between 30 minutes after sunset and 30 minutes before sunrise.
(g) "Premises" include the term "building" as defined in § 222 of this title, and any real property.
(h) "Security device" includes any lock, whether mechanical or electronic; or any warning device designed to alert a person
or the general public of a possible attempt to gain unlawful entry into or upon premises or a possible attempt to unlock,
bypass or otherwise disable a lock.
(i) A person possesses burglar tools or instruments facilitating theft "under circumstances evincing an intent to use or knowledge
that some other person intends to use" such when the person possesses the tools or instruments at a time and a place proximate
to the commission or attempt to commit a trespass, burglary, or theft-related offense or otherwise under circumstances not
manifestly appropriate for what lawful uses the tools or instruments may have.
11 Del. C. 1953, § 829; 58 Del. Laws, c. 497, § 1; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 478, § 3; 76 Del. Laws, c. 267, § 1; 76 Del. Laws, c. 310, § 1.;
§ 830. [Reserved.]
§ 831. Robbery in the second degree; class E felony.
(a) A person is guilty of robbery in the second degree when, in the course of committing theft, the person uses or threatens
the immediate use of force upon another person with intent to:
(1) Prevent or overcome resistance to the taking of the property or to the retention thereof immediately after the taking;
or
(2) Compel the owner of the property or another person to deliver up the property or to engage in other conduct which aids
in the commission of the theft.
Robbery in the second degree is a class E felony.
(b) In addition to its ordinary meaning, the phrase "in the course of committing theft" includes any act which occurs in an
attempt to commit theft or in immediate flight after the attempt or commission of the theft.
11 Del. C. 1953, § 831; 58 Del. Laws, c. 497, § 1; 65 Del. Laws, c. 517, § 1; 67 Del. Laws, c. 130, § 8; 68 Del. Laws, c. 129, § 4; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 47, § 1.;
§ 832. Robbery in the first degree.
(a) A person is guilty of robbery in the first degree when the person commits the crime of robbery in the second degree and
when, in the course of the commission of the crime or of immediate flight therefrom, the person or another participant in
the crime:
(1) Causes physical injury to any person who is not a participant in the crime; or
(2) Displays what appears to be a deadly weapon or represents by word or conduct that the person is in possession or control
of a deadly weapon; or
(3) Is armed with and uses or threatens the use of a dangerous instrument; or
(4) Commits said crime against a person who is 62 years of age or older.
Robbery in the first degree is a class B felony.
(b) Notwithstanding any provisions of this section or Code to the contrary, any person convicted of robbery in the first degree
shall receive a minimum sentence of:
(1) Three years at Level V; or
(2) Five years at Level V, if the conviction is for an offense that was committed within 10 years of the date of a previous
conviction for robbery in the first degree or if the conviction is for an offense that was committed within 10 years of the
date of termination of all periods of incarceration or confinement imposed pursuant to a previous conviction for robbery in
the first degree, whichever is the later date.
Any sentence imposed pursuant to this subsection shall not be subject to the provisions of § 4215 of this title.
(c) The sentencing provisions of this section apply to attempted robbery in the first degree as well as robbery in the first
degree.
11 Del. C. 1953, § 832; 58 Del. Laws, c. 497, § 1; 59 Del. Laws, c. 547, § 6; 60 Del. Laws, c. 240, §§ 1, 2; 63 Del. Laws, c. 329, § 1; 67 Del. Laws, c. 130, §§ 8, 13; 68 Del. Laws, c. 129, § 5; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 126, § 9; 74 Del. Laws, c. 93, § 1; 74 Del. Laws, c. 106, § 6; 74 Del. Laws, c. 345, § 6.;
§§ 833, 834. [Reserved.]
§ 835. Carjacking in the second degree; class E felony; class D felony.
(a) A person is guilty of carjacking in the second degree when that person knowingly and unlawfully takes possession or control
of a motor vehicle from another person or from the immediate presence of another person by coercion, duress or otherwise without
the permission of the other person.
(b)(1) Except as provided in paragraph (2) of this subsection, carjacking in the second degree is a class E felony.
(2) Carjacking in the second degree is a class D felony if the elements of subsection (a) of this section are met and if,
while in possession or control of the vehicle, the person:
a. Recklessly engages in conduct which creates a substantial risk of death or serious physical injury to another person; or
b. Compels a lawful occupant of the vehicle to leave the vehicle; or
c. Causes the vehicle to be operated recklessly.
(c) It is no defense to a prosecution under this section that the offender did not physically drive or operate the motor vehicle,
nor is it a defense under this section that the offender did not intend to permanently deprive the owner or another person
of the use of the vehicle.
(d) This section is not a related or included offense of § 831 or § 832 of this title. Nothing in this section shall be deemed
to preclude prosecution under any other provision of this Code.
72 Del. Laws, c. 34, § 1.;
§ 836. Carjacking in the first degree; class C felony; class B felony.
(a) A person is guilty of carjacking in the first degree when the person knowingly and unlawfully takes possession or control
of a motor vehicle from another person or from the immediate presence of another person by coercion, duress or otherwise without
the permission of the other person, and:
(1) While in possession or control of such vehicle the person commits or attempts to commit a class D or greater felony; or
(2) While in possession or control of such vehicle the person drives or operates the vehicle in violation of § 4177 of Title
21; or
(3) While in possession or control of such vehicle the person commits any offense set forth in Chapter 47 of Title 16; or
(4) While in possession or control of such vehicle or while in the course of taking or attempting to take possession or control
of such vehicle the person displays what appears to be a deadly weapon or represents by word or conduct that the person is
in possession or control of a deadly weapon.
(5) While in possession or control of such vehicle the person causes physical injury to another person; or
(6) The person from whom possession or control of the vehicle is taken, or an occupant or passenger of such vehicle, is 62
years of age or older or 14 years of age or younger.
(b) Carjacking in the first degree as defined in paragraphs (a)(1), (a)(2) and (a)(3) of this section is a class C felony.
Carjacking in the first degree as defined in paragraphs (a)(4), (a)(5) and (a)(6) of this section is a class B felony.
(c) It is no defense to a prosecution under this section that the offender did not physically drive or operate the motor vehicle,
nor is it a defense under this section that the offender did not intend to permanently deprive the owner or another person
of the use of the vehicle.
(d) It is no defense to a prosecution under paragraph (a)(6) of this section, that the accused did not know the age of the
person from whom possession or control of the vehicle is taken, or an occupant or passenger of such vehicle, or that the accused
reasonably believed such person to be under the age of 62 or over the age of 14.
(e) For the purpose of any prosecution under paragraph (a)(5) of this section, it is unnecessary to prove the accused's state
of mind with regard to causation of physical injury, notwithstanding the provisions of § 251 or § 252 of this title or any
other statute to the contrary.
(f) This section is not a related or included offense of § 831 or § 832 of this title. Nothing in this section shall be deemed
to preclude prosecution under any other provision of this Code.
72 Del. Laws, c. 34, § 2; 74 Del. Laws, c. 93, § 2.;
§ 837. Definitions relating to carjacking.
(a) "Another person" includes the owner of the vehicle or any operator, occupant, passenger of the vehicle or any other person
who has an interest in the use of the vehicle which the offender is not privileged to infringe.
(b) "Motor vehicle" or "vehicle," in addition to its ordinary meaning, includes any watercraft.
72 Del. Laws, c. 34, § 3.;
§§ 838, 839. [Reserved.]
§ 840. Shoplifting; class G felony; class A misdemeanor.
(a) A person is guilty of shoplifting if, while in a mercantile establishment in which goods, wares or merchandise are displayed
for sale, the person:
(1) Removes any such goods, wares or merchandise from the immediate use of display or from any other place within the establishment,
with intent to appropriate the same to the use of the person so taking, or to deprive the owner of the use, the value or possession
thereof without paying to the owner the value thereof; or
(2) Obtains possession of any goods, wares or merchandise by charging the same to any person without the authority of such
person or to a fictitious person with a like intent; or
(3) Conceals any such goods, wares or merchandise with like intent; or
(4) Alters, removes or otherwise disfigures any label, price tag or marking upon any such goods, wares or merchandise with
a like intent; or
(5) Transfers any goods, wares or merchandise from a container in which same shall be displayed or packaged to any other container
with like intent; or
(6) Uses any instrument whatsoever, credit slips or chose in action to obtain any goods, wares or merchandise with intent
to appropriate the same to the use of the person so taking or to deprive the owner of the use, the value or the possession
thereof without paying to the owner the value thereof.
(b) Any person wilfully concealing unpurchased merchandise of any store or other mercantile establishment, inside or outside
the premises of such store or other mercantile establishment, shall be presumed to have so concealed such merchandise with
the intention of converting the same to the person's own use without paying the purchase price thereof within the meaning
of subsection (a) of this section, and the finding of such merchandise concealed upon the person or among the belongings of
such person, outside of such store or other mercantile establishment, shall be presumptive evidence of intentional concealment;
and if such person conceals or causes to be concealed such merchandise upon the person or among the belongings of another,
the finding of the same shall also be presumptive evidence of intentional concealment on the part of the person so concealing
such merchandise.
(c) A merchant, a store supervisor, agent or employee of the merchant 18 years of age or older, who has probable cause for
believing that a person has intentionally concealed unpurchased merchandise or has committed shoplifting as defined in subsection
(a) of this section, may, for the purpose of summoning a law-enforcement officer, take the person into custody and detain
the person in a reasonable manner on the premises for a reasonable time.
(d) A merchant, a store supervisor, agent or employee of the merchant 18 years of age or older who detains, or a merchant,
a store supervisor, agent or employee of the merchant who causes or provides information leading to the arrest of any person
under subsection (a), (b) or (c) of this section, shall not be held civilly or criminally liable for such detention or arrest
provided they had, at the time of such detention or arrest, probable cause to believe that the person committed the crime
of shoplifting as defined in subsection (a) of this section.
Shoplifting is a class G felony when the goods, wares or merchandise shoplifted are of the value of $1,500 or more, or when
the goods, wares or merchandise shoplifted are from 3 or more separate mercantile establishments and were shoplifted in the
same or continuing course of conduct and the aggregate value of the goods is $1,500 or more. When the goods, wares or merchandise
shoplifted are of the value of less than $1,500, it is a class A misdemeanor.
11 Del. C. 1953, § 840; 58 Del. Laws, c. 497, § 1; 60 Del. Laws, c. 590, § 1; 61 Del. Laws, c. 35, § 1; 61 Del. Laws, c. 482, § 1; 65 Del. Laws, c. 497, § 2; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 211, § 2; 72 Del. Laws, c. 222, § 1; 77 Del. Laws, c. 133, § 1.;
§ 840A. Use of illegimate retail sales receipt or Universal Product Code Label.
(a) A person who, with intent to cheat or defraud another, possesses, uses, transfers, makes, alters, counterfeits or reproduces
a retail sales receipt or Universal Product Code Label is guilty of an offense under this section.
(b) A person convicted of violating this section shall be guilty of a class A misdemeanor, unless the person is convicted
of possessing 15 or more illegitimate retail sales receipts or Universal Product Code Labels or the aggregate value of the
money, property or services illegally obtained or credited to an account is $1,500 or more, in which case it is a class F
felony.
73 Del. Laws, c. 31, § 1; 77 Del. Laws, c. 133, § 2.;
§ 841. Theft; class G felony; class A misdemeanor; restitution.
(a) A person is guilty of theft when the person takes, exercises control over or obtains property of another person intending
to deprive that person of it or appropriate it. Theft includes the acts described in this section, as well as those described
in §§ 841A-846 of this title.
(b) A person is guilty of theft if the person, in any capacity, legally receives, takes, exercises control over or obtains
property of another which is the subject of theft, and fraudulently converts same to the person's own use.
(c)(1) Except where a victim is 62 years of age or older, or an "infirm adult" as defined in § 3902(12) of Title 31, or a
"disabled person" as defined in § 3901(a)(2) of Title 12, theft is a class A misdemeanor unless the value of the property
received, retained or disposed of is $1,500 or more, in which case it is a class G felony.
(2) Where a victim is 62 years of age or older, or an "infirm adult" as defined in § 3902(12) of Title 31, or a "disabled
person" as defined in § 3901(a)(2) of Title 12, theft is a class G felony unless the value of the property received, retained
or disposed of is $1,500 or more, in which case it is a class F felony.
(3) Notwithstanding paragraphs (c)(1) and (2) of this section:
a. Where the value of the property received, retained or disposed of is more than $50,000 but less than $100,000, theft is
a class E felony;
b. Where the value of the property received, retained or disposed of is $100,000 or more, theft is a class C felony.
(d) Upon conviction, the sentencing judge shall require full restitution to the victim for any monetary losses suffered and
shall consider the imposition of community service and/or an appropriate curfew for a minor.
11 Del. C. 1953, § 841; 58 Del. Laws, c. 497, § 1; 60 Del. Laws, c. 590, § 2; 65 Del. Laws, c. 497, § 3; 67 Del. Laws, c. 130, § 8; 69 Del. Laws, c. 315, § 1; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 209, § 1; 70 Del. Laws, c. 364, §§ 1, 2; 73 Del. Laws, c. 126, §§ 10, 11; 76 Del. Laws, c. 98, § 3; 77 Del. Laws, c. 133, § 3.;
§ 841A. Theft of a motor vehicle; class G felony.
(a) A person is guilty of theft of a motor vehicle when the person takes, exercises control over or obtains a motor vehicle
of another person intending to deprive the other person of it or appropriate it.
(b) As used in this section "motor vehicle" means an automobile, motorcycle, van, truck, trailer, semitrailer, truck tractor
and semitrailer combination, or any other vehicle which is self-propelled, which is designed to be operated primarily on a
roadway as defined in § 101 of Title 21, and in, upon or by which any person or property is or may be transported. "Motor
vehicle" as used in this section shall not include any device that is included within the definitions of "moped", "off-highway
(OHV)", "triped", "motorized scooter or skateboard", "motorized wheelchair" or "electric personal assistive mobility device
(EPAMD)" as defined in § 101 of Title 21.
(c) Theft of a motor vehicle is a class G felony.
75 Del. Laws, c. 290, § 1.;
§ 841B. Theft: Organized retail crime; class A misdemeanor; class E felony.
(a) A person is guilty of "theft: organized retail crime" when the person takes, exercises control over, or obtains retail
merchandise of another person intending to deprive that person of it, or receives stolen property in violation of § 851 of
this title, in quantities that would not normally be purchased for personal use or consumption, with the intent to appropriate
or to resell or reenter the merchandise into commerce.
(b) For purposes of this section, a series of organized retail crime thefts committed by a person or group of persons may
be aggregated into 1 count or charge, with the sum of the value of all the retail merchandise being the value considered in
determining the degree of theft: organized retail crime.
(c) In addition to the provisions of § 841(c) and (d) of this title, if a defendant has 2 or more times been convicted of
theft: organized retail crime, the offense of theft: organized retail crime is a class E felony.
76 Del. Laws, c. 98, § 4.;
§ 841C. Possession or theft of a prescription form or a pad.
(a) A person in possession of a blank prescription form or pad who is not a practitioner as defined in this section shall
be guilty of a class G felony. "Possession" in addition to its ordinary meaning, includes location on or about the defendant's
person, premises, belongings, vehicle or otherwise within the defendant's reasonable control.
(b) A person is guilty of theft of a blank prescription form or pad when the person is not a practitioner as defined in this
section and takes, exercises control over, obtains or receives, produces or reproduces any facsimile or counterfeit version
of, or transfers, uses, gives, or sells any copies, facsimiles or counterfeit versions, a prescription form or pad of a practitioner
with the intent to deprive the practitioner of the use thereof or to facilitate the commission of drug diversion.
(1) A "practitioner" means:
a. A physician, dentist, veterinarian, scientific investigator or other person licensed, registered or otherwise permitted
to distribute, dispense, conduct research with respect to or to administer a controlled or noncontrolled substance in the
course of professional practice or research in this State.
b. A pharmacy, hospital or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct
research with respect to or to administer a controlled or noncontrolled substance in the course of professional practice or
research in this State.
(2) Theft of a blank prescription form or pad is a class F felony.
77 Del. Laws, c. 161, § 1.;
§ 842. Theft; lost or mislaid property; mistaken delivery.
A person commits theft when, with the intent prescribed in § 841 of this title, the person exercises control over property
of another person which the person knows to have been lost or mislaid, or to have been delivered under a mistake as to the
identity of the recipient or the nature or value of the property, without taking reasonable measures to return the property
to its owner.
11 Del. C. 1953, § 842; 58 Del. Laws, c. 497, § 1; 70 Del. Laws, c. 186, § 1.;
§ 843. Theft; false pretense.
A person commits theft when, with the intent prescribed in § 841 of this title, the person obtains property of another person
by intentionally creating or reinforcing a false impression as to a present or past fact, or by preventing the other person
from acquiring information which would adversely affect the other person's judgment of a transaction.
11 Del. C. 1953, § 843; 58 Del. Laws, c. 497, § 1; 70 Del. Laws, c. 186, § 1.;
§ 844. Theft; false promise.
A person commits theft when, with the intent prescribed in § 841 of this title, the person obtains property of another person
by means of a representation, express or implied, that the person or a third person will in the future engage in particular
conduct, and when the person does not intend to engage in such conduct or, as the case may be, does not believe the third
person intends to engage in such conduct. The accused's intention or belief that a promise would not be performed may not
be established by or inferred from the fact alone that the promise was not performed.
11 Del. C. 1953, § 844; 58 Del. Laws, c. 497, § 1; 70 Del. Laws, c. 186, § 1.;
§ 845. Theft of services.
(a) A person commits theft when, with the intent specified in § 841 of this title, the person obtains services which the person
knows are available only for compensation by deception, threat, false token, false representation or statement or by installing,
rearranging or tampering with any facility or equipment or by any other trick, contrivance or any other device to avoid payment
for the services.
(b) In any prosecution for theft of services where services have been obtained from a public utility by the installation of,
rearrangement of or tampering with any facility or equipment owned or used by the public utility to provide such services,
without the consent or permission of the public utility, or by any other trick or contrivance, it shall be a rebuttable presumption
that the person to whom the services are being furnished has created, caused or knows of the condition which is a violation
of this section.
(c) A person who has obtained services from a public utility by installing, rearranging or tampering with any facility or
equipment owned or used by the public utility to provide such services, or by any other trick or contrivance, is presumed
to have done so with an intent to avoid, or to enable others to avoid, payment for the services involved.
(d) The rebuttable presumptions referred to in subsections (b) and (c) of this section shall not apply to any person to whom
such services have been furnished for less than 31 days or until there has been at least 1 meter reading.
11 Del. C. 1953, § 845; 58 Del. Laws, c. 497, § 1; 61 Del. Laws, c. 227, §§ 1, 2; 70 Del. Laws, c. 186, § 1.;
§ 846. Extortion; class E felony.
A person commits extortion when, with the intent prescribed in § 841 of this title, the person compels or induces another
person to deliver property to the person or to a third person by means of instilling in the victim a fear that, if the property
is not so delivered, the defendant or another will:
(1) Cause physical injury to anyone; or
(2) Cause damage to property; or
(3) Engage in other conduct constituting a crime; or
(4) Accuse anyone of a crime or cause criminal charges to be instituted against anyone; or
(5) Expose a secret or publicize an asserted fact, whether true or false, tending to subject anyone to hatred, contempt or
ridicule; or
(6) Falsely testify or provide information or withhold testimony or information with respect to another's legal claim or defense;
or
(7) Use or abuse the defendant's position as a public servant by performing some act within or related to the defendant's
official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely;
or
(8) Perform any other act which is calculated to harm another person materially with respect to the person's health, safety,
business, calling, career, financial condition, reputation or personal relationships.
Extortion is a class E felony, except where the victim is a person 62 years of age or older, in which case any violation of
this section shall be a class D felony.
11 Del. C. 1953, § 846; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 126, § 12.;
§ 847. Theft, extortion; claim of right as an affirmative defense.
(a) In any prosecution for theft or extortion it is an affirmative defense that the property was appropriated by the actor
under a claim of right, made in good faith, to do substantially what the actor did in the manner in which it was done.
(b) In any prosecution for extortion where the facts are as described in § 846(4) of this title, it is an affirmative defense
that the accused believed the threatened criminal charge to be true and that the accused's sole purpose was to compel or induce
the victim to take reasonable action to make good the wrong which was the subject of the threatened charge.
11 Del. C. 1953, § 847; 58 Del. Laws, c. 497, § 1; 70 Del. Laws, c. 186, § 1.;
§ 848. Misapplication of property; class G felony; class A misdemeanor.
A person is guilty of misapplication of property when, knowingly possessing personal property of another pursuant to an agreement
that it will be returned to the owner at a future time, the person sells, loans, leases, pledges, pawns or otherwise encumbers
the property without the consent of the owner thereof in such a manner as to create a risk that the owner will be unable to
recover it or will suffer pecuniary loss.
Misapplication of property is a class A misdemeanor, unless the value of the property received, retained or disposed of is
$1,500 or more, in which case it is a class G felony.
11 Del. C. 1953, § 848; 58 Del. Laws, c. 497, § 1; 60 Del. Laws, c. 590, § 3; 65 Del. Laws, c. 497, § 4; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 211, § 4; 77 Del. Laws, c. 133, § 4.;
§ 849. Theft of rented property; class A misdemeanor or class G felony.
(a) A person is guilty of theft of rental property if the person, with the intent specified in § 841 of this title, takes,
destroys, converts, wrongfully withholds or appropriates by fraud, deception, threat, false token, false representation or
statement, or by any trick, contrivance or other device to avoid payment for or to otherwise appropriate rental property entrusted
to said person. For purposes of this section, "property" shall include the use of vehicles or other movable property.
(b) If the finder of fact shall find:
(1) That one who has leased or rented the personal property of another, failed to return or make arrangements acceptable to
the rentor (lessor) to return the property to the rentor or the rentor's agent within 10 days after proper notice, following
the expiration of the rental (lease) contract; and/or
(2) That one who has leased or rented the personal property of another and has returned such property, failed to make payment,
at the agreed rental rate, for the full period which the property was rented or leased, except when said person has a good
faith dispute with the owner of the rental property as to whether any payment, or additional payment, is due to the owner
of the rental property; and/or
(3) That the rentee (lessee) presented identification to the rentor which was materially false, fictitious or not current
with respect to name, address, place of employment or other appropriate items,
then the finder of fact shall be permitted, but not required, to presume intent to commit theft.
(c) As used in subsection (b) of this section, "proper notice" shall consist of a written demand by the rentor made after
the expiration of the rental period mailed by certified or registered mail to the rentee at:
(1) The address the rentee gave when the rental contract was made; or
(2) The rentee's last known address if later furnished in writing by the rentee or the rentee's agent.
(d) The reasonable and fair market value of the property obtained shall be utilized in determining the amount involved in
the theft.
(e) The following 3 factors, if established by the rentee by a preponderance of the evidence, shall constitute an affirmative
defense to prosecution for theft, that the rentee:
(1) Accurately stated the rentee's name, address and other material items of identification at the time of the rental;
(2) Failed to receive the rentor's notice personally due in no significant part to the fault of the rentee; and
(3) Returned the personal property to the rentor or the rentor's agent within 48 hours of the commencement of the prosecution,
together with any charges for the overdue period and the value of damages (if any) to the property.
Theft of rented property is a class A misdemeanor, unless the value of the property is $1,500 or more, in which case it is
a class G felony.
69 Del. Laws, c. 110, § 1; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 211, § 5; 70 Del. Laws, c. 260, §§ 1-3; 77 Del. Laws, c. 133, § 5.;
§ 850. Use, possession, manufacture, distribution and sale of unlawful telecommunication and access devices.
(a) Prohibited acts -- A person is guilty of a violation of this section if the person knowingly:
(1) Manufactures, assembles, distributes, possesses with intent to distribute, transfers, sells, promotes, offers or advertises
for sale, use or distribution any unlawful telecommunication device or modifies, alters, programs or reprograms a telecommunication
device:
a. For the unauthorized acquisition or theft of any telecommunication service or to receive, disrupt, transmit, decrypt, acquire
or facilitate the receipt, disruption, transmission, decryption or acquisition of any telecommunication service without the
express consent or express authorization of the telecommunication service provider; or
b. To conceal, or to assist another to conceal from any telecommunication service provider or from any lawful authority, the
existence or place of origin or destination, or the originating and receiving telephone numbers, of any telecommunication
under circumstances evincing an intent to use the same in the commission of any offense.
(2) Manufacturers, assembles, distributes, possesses with intent to distribute, transfers, sells, offers, promotes or advertises
for sale, use or distribution any unlawful access device;
(3) Prepares, distributes, possesses with intent to distribute, sells, gives, transfers, offers, promotes or advertises for
sale, use or distribution:
a. Plans or instructions for the manufacture or assembly of an unlawful telecommunication or access or device under circumstances
evincing an intent to use or employ the unlawful telecommunication access device, or to allow the unlawful telecommunication
or access device to be used, for a purpose prohibited by this section, or knowing or having reason to believe that the unlawful
telecommunication or access device is intended to be so used, or that the plan or instruction is intended to be used for the
manufacture of assembly of the unlawful telecommunication or access device; or
b. Material, including hardware, cables, tools, data, computer software or other information or equipment, knowing that the
purchaser or a third person intends to use the material in the manufacture of an unlawful telecommunication or access device.
(b) Criminal penalties -- (1) Except as provided for in paragraph (2) or (3) of this subsection, an offense under this section
is an unclassified misdemeanor with a sentence up to 1 year incarceration at Level V, and a fine of up to $10,000 for all
violations of this section.
(2) A person shall be guilty of a class F felony if:
a. The defendant has been convicted previously under this section or convicted of any similar crime in this or any Federal
or other state jurisdiction; or
b. The violation of this section involves at least 10, but not more than 50, unlawful telecommunication or access devices.
(3) A person shall be guilty of a class D felony if:
a. The defendant has been convicted previously on 2 or more occasions for offenses under this section or for any similar crime
in this or any federal or other state jurisdiction; or
b. The violation of this section involves more than 50 unlawful telecommunication or access devices.
(4) For purposes of grading an offense based upon a prior conviction under this section or for any similar crime pursuant
to paragraphs (2)a. and (3)a. of this subsection, a prior conviction shall consist of convictions upon separate indictments
or criminal complaints for offenses under this section or any similar crime in this or any federal or other state jurisdiction.
(5) As provided for in paragraphs (2)a. and (3)a. of this subsection, in grading an offense under this section based upon
a prior conviction, the term "any similar crime" shall include, but not be limited to, offenses involving theft of service
or fraud, including violations of the Cable Communications Policy Act of 1984 (Public Law 98-549, 98 Stat.2779).
(6) Separate offenses -- For purposes of all criminal fines established for violations of this section, the prohibited activity
established herein as it applies to each unlawful telecommunication or access device shall be deemed a separate offense.
(7) Fines -- For purposes of imposing fines upon conviction of a defendant for an offense under this section, all fines shall
be imposed for each unlawful telecommunication or access device involved in the violation.
(8) Restitution -- The court shall, in addition to any other sentence authorized by law, sentence a person convicted of violating
this section to make restitution in the manner provided in § 4106 of this title.
(9) Forfeiture of unlawful telecommunication or access devices -- Upon conviction of a defendant under this section, the court
may, in addition to any other sentence authorized by law, direct that the defendant forfeit any unlawful telecommunication
or access devices in the defendant's possession or control which were involved in the violation for which the defendant was
convicted.
(c) Venue -- An offense under this section may be deemed to have been committed at either the place where the defendant manufactures
or assembles an unlawful telecommunication or access device, or assists others in doing so, or the places where the unlawful
telecommunication or access device is sold or delivered to a purchaser or recipient. It shall be no defense to a violation
of this section that some of the acts constituting the offense occurred outside of this State.
(d) Civil action -- (1) Any person aggrieved by a violation of this section may bring a civil action in any court of competent
jurisdiction.
(2) The court may:
a. Grant preliminary and final injunctions to prevent or restrain violations of this section;
b. At any time while an action is pending, order the impounding, on such terms as it deems reasonable, of any unlawful telecommunication
or access device that is in the custody or control of the violator and that the court has reasonable cause to believe was
involved in the alleged violation of this section;
c. Award damages as described in paragraph (3) of this subsection;
d. In its discretion, award reasonable attorney fees and costs, including, but not limited to, costs for investigation, testing
and expert witness fees, to an aggrieved party who prevails; and
e. As part of a final judgment or decree finding a violation of this section, order the remedial modification or destruction
of any unlawful telecommunication or access device involved in the violation that is in the custody or control of the violator
or has been impounded under subsection (b) of this section.
(3) Types of damages recoverable -- Damages awarded by a court under this section shall be computed as either of the following:
a. Upon the complaining party's election of such damages at any time before final judgment is entered, the complaining party
may recover the actual damages suffered by the complaining party as a result of the violation of this section and any profits
of the violator that are attributable to the violation and are not taken into account in computing the actual damages. In
determining the violator's profits, the complaining party shall be required to prove only the violator's gross revenue, and
the violator shall be required to prove the violator's own deductible expenses and the elements of profit attributable to
factors other than the violation; or
b. Upon election by the complaining party at any time before final judgment is entered, that party may recover in lieu of
actual damages an award of statutory damages of between $250 to $10,000 for each unlawful telecommunication or access device
involved in the action, with the amount of statutory damages to be determined by the court as the court considers just. In
any case where the court finds that any of the violations of this section were committed wilfully and for purposes of commercial
advantage or private financial gain, the court in its discretion may increase the award of statutory damages by an amount
of not more than $50,000 for each unlawful telecommunication or access device involved in the action.
(4) For purposes of all civil remedies established for violations of this section, the prohibited activity established in
this section applies to each unlawful telecommunication or access device and shall be deemed a separate violation.
(e) Definitions -- As used in this section, the following words and phrases shall have the meanings given to them in this
subsection.
(1) "Manufacture or assembly of any unlawful access device" -- To make, produce or assemble an unlawful access device or modify,
alter, program or reprogram any instrument, device, machine, equipment, technology or software so that it is capable of defeating
or circumventing any technology, device or software used by the provider, owner or licensee of a telecommunication service,
or of any data, audio or video programs or transmissions, to protect any such telecommunication, data, audio or video services,
programs or transmissions from unauthorized receipt, acquisition, access, decryption, disclosure, communication, transmission
or retransmission, or to knowingly assist others in those activities.
(2) "Manufacture or assembly of unlawful telecommunications device" -- To make, produce or assemble an unlawful telecommunication
device or to modify, alter, program or reprogram a telecommunication device to be capable of acquiring, disrupting, receiving,
transmitting, decrypting or facilitating the acquisition, disruption, receipt, transmission or decryption of a telecommunication
service without the express consent or express authorization of the telecommunication service provider, or to knowingly assist
others in those activities.
(3) "Telecommunications device" -- Any type of instrument, device, machine, equipment, technology or software which is capable
of transmitting, acquiring, decrypting or receiving any telephonic, electronic, data, Internet access, audio, video, microwave
or radio transmissions, signals, communications or services, including the receipt, acquisition, transmission or decryption
of all such communications, transmissions, signals or services provided by or through any cable television, fiber optic, telephone,
satellite, microwave, data transmission, radio, Internet-based or wireless distribution network, system or facility, or any
part, accessory or components thereof, including any computer circuit, security module, smart card, software, computer chip,
electronic mechanism or other component, accessory or part of any telecommunication device which is capable of facilitating
the transmission, decryption, acquisition or reception of all such communications, transmissions, signals or services.
(4) "Telecommunication service" -- Any service provided for a charge or compensation to facilitate the origination, transmission,
emission or reception of signs, signals, data, writing, images and sounds or intelligence of any nature by telephone, including
cellular telephones, wire, wireless, radio, electromagnetic, photelectronic or photo-optical system, network, facility or
technology; and any service provided by any radio, telephone, fiber optic, cable television, satellite, microwave, data transmission,
wireless or Internet-based distribution system, network, facility or technology, including, but not limited to, any and all
electronic, data, video, audio, Internet access, telephonic, microwave and radio communications, transmissions, signals and
services, and any such communications, transmissions, signals and services provided directly or indirectly by or through any
of the aforementioned systems, networks, facilities or technologies.
(5) "Telecommunication service provider" -- a. A person or entity providing a telecommunication service, whether directly
or indirectly as a reseller, including, but not limited to, a cellular, paging or other wireless communications company or
other person or entity which, for a fee, supplies the facility, cell site, mobile telephone switching office or other equipment
or telecommunication service;
b. Any person or entity owning or operating any cable television, satellite, Internet-based, telephone, wireless, microwave,
data transmission or radio distribution system, network or facility; and
