Subchapter VI. Offenses Against Public Administration
Subpart A. Bribery and Improper Influence
§ 1201. Bribery; class E felony.
A person is guilty of bribery when:
(1) The person offers, confers or agrees to confer a personal benefit upon a public servant upon an agreement or understanding
that the public servant's vote, opinion, judgment, action, decision or exercise of discretion as a public servant will thereby
be influenced; or
(2) The person offers, confers or agrees to confer a personal benefit upon a public servant or party officer upon an agreement
or understanding that some person will or may be appointed to a public office or designated or nominated as a candidate for
public office; or
(3) The person offers, confers or agrees to confer a personal benefit upon a public servant for having violated a duty as
a public servant.
Bribery is a class E felony.
11 Del. C. 1953, § 1201; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1202. Bribery; defense.
In any prosecution for bribery under § 1201(1) of this title, it is a defense that the accused offered, conferred or agreed
to confer the benefit upon the public servant as a result of conduct of the public servant constituting theft or coercion
or an attempt to commit theft or coercion.
11 Del. C. 1953, § 1202; 58 Del. Laws, c. 497, § 1.;
§ 1203. Receiving a bribe; class E felony.
(a) A public servant is guilty of receiving a bribe when the public servant solicits, accepts or agrees to accept a personal
benefit from another person upon an agreement or understanding that the public servant's vote, opinion, judgment, action,
decision or exercise of discretion as a public servant will thereby be influenced.
(b) A public servant or party officer is guilty of receiving a bribe when the public servant solicits, accepts or agrees to
accept personal benefit from another person upon an agreement or understanding that some person will or may be appointed to
a public office or designated or nominated as a candidate for public office.
(c) A public servant is guilty of receiving a bribe when the public servant solicits, accepts or agrees to accept a personal
benefit from another person for having violated the public servant's duty as a public servant.
Receiving a bribe is a class E felony.
11 Del. C. 1953, § 1203; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1204. Theft or coercion no defense to receiving a bribe.
It is no defense to a prosecution for receiving a bribe that the conduct charged to constitute the offense also constitutes
theft or coercion.
11 Del. C. 1953, § 1204; 58 Del. Laws, c. 497, § 1.;
§ 1205. Giving unlawful gratuities; class A misdemeanor.
A person is guilty of giving unlawful gratuities when the person knowingly offers, confers or agrees to confer any personal
benefit upon a public servant for engaging in official conduct which the public servant is required or authorized to perform,
and for which the public servant is not entitled to any special or additional compensation.
Giving unlawful gratuities is a class A misdemeanor.
11 Del. C. 1953, § 1205; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1206. Receiving unlawful gratuities; class A misdemeanor.
A public servant is guilty of receiving unlawful gratuities when the public servant solicits, accepts or agrees to accept
any personal benefit for engaging official conduct which the public servant is required or authorized to perform, and for
which the public servant is not entitled to any special or additional compensation.
Receiving unlawful gratuities is a class A misdemeanor.
11 Del. C. 1953, § 1206; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1207. Improper influence; class A misdemeanor.
A person is guilty of improper influence when:
(1) The person threatens unlawful harm to any person with intent to influence the latter's decision, opinion, recommendation,
vote or other exercise of discretion as a public servant, party officer or voter; or
(2) The person threatens unlawful harm to any public servant or party officer with intent to influence that public servant
or party officer to violate that public servant's or party officer's duty as a public servant or party officer.
Improper influence is a class A misdemeanor.
11 Del. C. 1953, § 1207; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1208. Defect in office no defense.
It is no defense to a prosecution for improper influence that a person whom the accused sought to influence was not qualified
to act in the desired way, whether because the person had not yet assumed office, or lacked jurisdiction or for any other
reason.
11 Del. C. 1953, § 1208; 58 Del. Laws, c. 497, § 1; 70 Del. Laws, c. 186, § 1.;
§ 1209. Definitions relating to bribery and improper influence.
As used in §§ 1201-1208 of this title:
(1) "Harm" means loss, disadvantage or injury, or anything so regarded by the person affected, including loss, disadvantage
or injury to any other person in whose welfare the person is interested;
(2) "Party officer" means a person who holds any position or office in a political party, whether by election, appointment
or otherwise;
(3) "Personal benefit" means gain or advantage to the recipient personally or anything regarded by the recipient as such gain
or advantage, including gain or advantage conferred on the behalf or at the request of the person upon another person in whose
welfare the person is interested but not a gain or advantage promised generally to a group or class of voters as a consequence
of public measures which a candidate engages to support or oppose;
(4) "Public servant" means any officer or employee of the State or any political subdivision thereof, including legislators
and judges, and any person participating as juror, advisor or consultant in performing a governmental function but the term
does not include witnesses. This definition includes persons who are candidates for office or who have been elected to office
but who have not yet assumed office.
11 Del. C. 1953, § 1209; 58 Del. Laws, c. 497, § 1; 62 Del. Laws, c. 109, § 1; 70 Del. Laws, c. 186, § 1.;
§ 1210. [Reserved.]
§ 1211. Official misconduct; class A misdemeanor.
A public servant is guilty of official misconduct when, intending to obtain a personal benefit or to cause harm to another
person:
(1) The public servant commits an act constituting an unauthorized exercise of official functions, knowing that the act is
unauthorized; or
(2) The public servant knowingly refrains from performing a duty which is imposed by law or is clearly inherent in the nature
of the office; or
(3) The public servant performs official functions in a way intended to benefit the public servant's own property or financial
interests under circumstances in which the public servant's actions would not have been reasonably justified in consideration
of the factors which ought to have been taken into account in performing official functions; or
(4) The public servant knowingly performs official functions in a way intended to practice discrimination on the basis of
race, creed, color, sex, age, handicapped status or national origin.
Official misconduct is a class A misdemeanor.
11 Del. C. 1953, § 1211; 58 Del. Laws, c. 497, § 1; 61 Del. Laws, c. 327, § 1; 64 Del. Laws, c. 48, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1212. Profiteering; class A misdemeanor.
A public servant is guilty of profiteering when, in contemplation of official action by the public servant or by a governmental
entity with which the public servant is associated, or in reliance on information to which the public servant has access in
an official capacity and which has not been made public:
(1) The public servant acquires a pecuniary interest in any property, transaction or enterprise which may be affected by the
official action or information; or
(2) The public servant speculates or wagers on the basis of the official action or information; or
(3) The public servant aids another person to do any of the foregoing acts, intending to gain thereby a personal benefit.
Profiteering is a class A misdemeanor.
11 Del. C. 1953, § 1212; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1213. Definitions relating to abuse of office.
In §§ 1211 and 1212 of this title, the definitions given in § 1209 of this title apply.
11 Del. C. 1953, § 1213; 58 Del. Laws, c. 497, § 1.;
§§ 1214-1220. [Reserved.]
§ 1221. Perjury in the third degree; class A misdemeanor.
A person is guilty of perjury in the third degree when the person swears falsely.
Perjury in the third degree is a class A misdemeanor.
11 Del. C. 1953, § 1221; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1222. Perjury in the second degree; class F felony.
A person is guilty of perjury in the second degree when the person swears falsely and when the false statement is:
(1) Made in a written instrument for which an oath is required by law; and
(2) Made with intent to mislead a public servant in the performance of official functions; and
(3) Material to the action, proceeding or matter involved.
Perjury in the second degree is a class F felony.
11 Del. C. 1953, § 1222; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1223. Perjury in the first degree; class D felony.
A person is guilty of perjury in the first degree when the person swears falsely and when the false statement consists of
testimony and is material to the action, proceeding or matter in which it is made.
Perjury in the first degree is a class D felony.
11 Del. C. 1953, § 1223; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1224. Definition of "swears falsely."
A person "swears falsely" when the person intentionally makes a false statement or affirms the truth of a false statement
previously made, knowing it to be false or not believing it to be true, while giving testimony or under oath in a written
instrument or in an unsworn declaration made pursuant to Chapter 53A of Title 10. A false swearing in a written instrument
is not complete until the instrument is delivered by its maker, or by someone acting in the maker's behalf, to another person
with intent that it be uttered or published as true. A person who gives an oral and/or written statement while granted the
privilege of the floor during a session of the House of Representatives or Senate of the General Assembly, whether or not
that person is under oath, gives testimony within the scope of this section.
11 Del. C. 1953, § 1224; 58 Del. Laws, c. 497, § 1; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 193, § 1; 77 Del. Laws, c. 332, § 2.;
§ 1225. Inconsistent statements under oath; no need to prove one false; framing indictment; proof of irreconcilable inconsistency;
conviction of lesser offense.
When a person has made 2 statements under oath which are inconsistent to the degree that 1 of them is necessarily false, and
the circumstances are such that each statement, if false, is perjurious, the inability of the prosecution to establish specifically
which of the 2 statements is the false one does not preclude a prosecution for perjury. The prosecution may be conducted as
follows:
(1) The indictment or information may set forth the 2 statements and, without designating either, charge that 1 of them is
false and perjurious.
(2) The falsity of one or the other of the 2 statements may be established by proof of their irreconcilable inconsistency.
Such proof is sufficient to establish a prima facie case of falsity.
(3) If perjury of different degrees would be established by the making of the 2 statements, hypothetically assuming that each
is false and perjurious, the defendant may be convicted of the lesser degree at most.
11 Del. C. 1953, § 1225; 58 Del. Laws, c. 497, § 1.;
§§ 1226-1230. [Reserved.]
§ 1231. Retraction of false statement as affirmative defense.
In any prosecution for perjury, it is an affirmative defense that the accused retracted the false statement in the course
of the proceeding in which it was made, before the false statement substantially affected the proceeding and before it became
manifest that its falsity was or would be exposed.
11 Del. C. 1953, § 1231; 58 Del. Laws, c. 497, § 1; 70 Del. Laws, c. 186, § 1.;
§ 1232. Perjury; no defense.
It is no defense to a prosecution for perjury that:
(1) The accused was not competent under the relevant rules of evidence to make the false statement alleged; or
(2) The accused mistakenly believed the false statement to be immaterial; or
(3) The oath was administered or taken in an irregular manner; or
(4) A document purporting to be made upon oath and uttered or published as so made by the accused was not in fact made under
oath; or
(5) The court in which the acts constituting the offense were committed lacked jurisdiction over the person of the accused
or over the subject matter.
11 Del. C. 1953, § 1232; 58 Del. Laws, c. 497, § 1.;
§ 1233. Making a false written statement; class A misdemeanor.
A person is guilty of making a false written statement when the person makes a false statement which the person knows to be
false or does not believe to be true in a written instrument bearing a notice, authorized by law, to the effect that false
statements therein are punishable.
Making a false written statement is a class A misdemeanor.
11 Del. C. 1953, § 1233; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1234. Corroboration of testimony of perjury or false written statement.
In any prosecution for perjury or making a false written statement, falsity of a statement may not be established by the uncorroborated
testimony of a single witness. Corroboration may be made by circumstantial evidence.
11 Del. C. 1953, § 1234; 58 Del. Laws, c. 497, § 1.;
§ 1235. Perjury and related offenses; definitions.
(a) A statement is "material" when, regardless of its admissibility under the rules of evidence, it could have affected the
course or outcome of the proceeding.
(b) "Oath" includes an affirmation and every other mode authorized by law of attesting the truth of that which is stated.
(c) An affidavit, deposition or other written instrument is one for which an "oath is required by law" when, absent an oath,
it does not or would not, according to statute or appropriate regulatory provisions, have legal efficacy in a court of law
or before any public or governmental body, agency or public servant to whom it is or might be submitted.
(d) "Public servant" has the meaning given in § 1209(4) of this title.
(e) "Swear" means to state under oath.
(f) "Testimony" means an oral statement made under oath in a proceeding before any court, body, agency, public servant or
other person authorized to conduct the proceeding and to administer the oath or cause it to be administered.
11 Del. C. 1953, § 1235; 58 Del. Laws, c. 497, § 1.;
§§ 1236-1238. [Reserved.]
§ 1239. Wearing a disguise during the commission of a felony; class E felony.
(a) A person who wears a hood, mask or other disguise during the commission of any felony is guilty of wearing a disguise
during the commission of a felony. Wearing a disguise during the commission of a felony is a class E felony.
(b) A person may be found guilty of violating this section notwithstanding that the felony for which the person is convicted
during which the person was wearing a disguise is a lesser included felony of the one originally charged.
70 Del. Laws, c. 372, § 1.;
§ 1240. Terroristic threatening of public officials or public servants; class G felony.
(a) A person is guilty of terroristic threatening of a public official or public servant when the person threatens to commit
any crime likely to result in death or in serious injury to a public official or public servant during or because of the public
official's or public servant's exercise of the official's or servant's official functions.
(b) "Public official or public servant" includes any elected official, appointed official, officer or employee of the State
or any political subdivision thereof, any judge or other judicial officer, any person participating as a juror, or any person
acting as an advisor, contractor or consultant in performing a governmental function. "Public official or public servant"
shall include persons who are candidates for office or who have been elected to office, but who have not yet assumed office.
For the purposes of this section "public official or public servant" also includes any person who formerly held a position
as a public official or public servant.
(c) Terroristic threatening of a public official or public servant is a class G felony.
70 Del. Laws, c. 551, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 176, § 13; 74 Del. Laws, c. 31, § 1.;
§ 1241. Refusing to aid a police officer; class B misdemeanor.
A person is guilty of refusing to aid a police officer when, upon command by a police officer identifiable or identified by
the officer as such, the person unreasonably fails or refuses to aid the police officer in effecting an arrest, or in preventing
the commission by another person of any offense.
Refusing to aid a police officer is a class B misdemeanor.
11 Del. C. 1953, § 1241; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1242. Limitation of civil liability for aiding a police officer.
(a) A person who complies with § 1241 of this title by aiding a police officer, upon command, to affect an arrest or prevent
the commission of an offense, shall not be held liable to any person for any damages resulting therefrom; provided, that the
person employs means which would have been employed by a reasonable person under the circumstances known to the person at
the time.
(b) A duly licensed physician, medical technician or registered nurse requested to withdraw blood from a person by a police
officer so as to prevent the loss of evidence of blood alcohol content or the presence of drugs in the blood stream, and a
hospital employing such physician, technician or nurse shall not be liable for civil damages for any acts or omissions arising
out of the taking of such sample, or the reporting of the results to law-enforcement officials.
11 Del. C. 1953, § 1242; 58 Del. Laws, c. 497, § 1; 63 Del. Laws, c. 88, § 7; 70 Del. Laws, c. 186, § 1.;
§ 1243. Obstructing fire-fighting operations; class A misdemeanor.
A person is guilty of obstructing fire-fighting operations when the person intentionally and unreasonably obstructs the efforts
of any firefighter in extinguishing a fire, or prevents or dissuades another person from extinguishing or helping to extinguish
a fire.
Obstructing fire-fighting operations is a class A misdemeanor.
11 Del. C. 1953, § 1243; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1244. Hindering prosecution; class A misdemeanor.
(a) A person is guilty of hindering prosecution when, with intent to prevent, hinder or delay the discovery or apprehension
of, or the lodging of a criminal charge against, a person whom the person accused of hindering prosecution knows has committed
acts constituting a crime, or is being sought by law-enforcement officers for the commission of a crime, the person accused
of hindering prosecution:
(1) Harbors or conceals the person; or
(2) Warns the person of impending discovery or apprehension; or
(3) Provides the person with money, transportation, weapon, disguise or other means of avoiding discovery or apprehension;
or
(4) Prevents or obstructs, by means of force, intimidation or deception, anyone from performing an act which might aid in
the discovery or apprehension of the person or in the lodging of a criminal charge against the person; or
(5) Suppresses, by an act of concealment, alteration or destruction, any physical evidence which might aid in the discovery
or apprehension of the person or in the lodging of a criminal charge against the person; or
(6) Aids the person to protect or profit expeditiously from an advantage derived from the person's crime.
(b) Hindering prosecution is a class G felony if the person commits any of the acts set forth in subsection (a) of this section
with intent to prevent, hinder or delay the discovery or apprehension of, or the lodging of a criminal charge against, a person
whom that person knows committed acts constituting a felony, or is being sought by law-enforcement officers for the commission
of a felony.
(c) Hindering prosecution is a class A misdemeanor if the person commits any of the acts set forth in subsection (a) of this
section with intent to prevent, hinder or delay the discovery or apprehension of, or the lodging of a criminal charge against,
a person whom that person knows committed acts constituting a crime other than a felony, or is being sought by law-enforcement
officers for the commission of a crime other than a felony.
11 Del. C. 1953, § 1244; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 52, §§ 1, 2; 70 Del. Laws, c. 186, § 1.;
§ 1245. Falsely reporting an incident; class A misdemeanor.
A person is guilty of falsely reporting an incident when, knowing the information reported, conveyed or circulated is false
or baseless, the person:
(1) Initiates or circulates a false report or warning of or impending occurrence of a fire, explosion, crime, catastrophe
or emergency under circumstances in which it is likely that public alarm or inconvenience will result or that fire-fighting
apparatus, ambulance or a rescue vehicle might be summoned; or
(2) Reports, by word or action, to any official or quasi-official agency or organization having the function of dealing with
emergencies involving danger to life or property, an alleged occurrence or impending occurrence of a fire, explosion or other
catastrophe or emergency which did not in fact occur or does not in fact exist; or
(3) Reports to a law-enforcement officer or agency:
a. The alleged occurrence of an offense or incident which did not in fact occur; or
b. An allegedly impending occurrence of an offense or incident which is not in fact about to occur; or
c. False information relating to an actual offense or incident or to the alleged implication of some person therein; or
d. The alleged abduction of a child which would generate the activation of a state-wide and interstate alert response and
law enforcement broadcast when such abduction has not, in fact, occurred.
(4) Without just cause, calls or summons by telephone, fire alarm system or otherwise, any fire-fighting apparatus, ambulance
or rescue truck.
Falsely reporting an incident is a class A misdemeanor, unless the defendant has violated this section previously, in which
case it shall be a class G felony. In addition to the penalties otherwise authorized by law, any person convicted of an offense
in violation of this section shall pay a fine of not less than $500, or less than $1,000 for a violation of paragraph (3)d.
of this section, which fine cannot be suspended and be sentenced to perform a minimum of 100 hours of community service, and
shall be required to reimburse the State, or other responding or other investigating governmental agency, for any expenses
expended in the investigation and/or response to the incident falsely reported.
11 Del. C. 1953, § 1245; 58 Del. Laws, c. 497, § 1; 59 Del. Laws, c. 469, § 1; 60 Del. Laws, c. 542, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 412, § 1; 73 Del. Laws, c. 87, § 1; 73 Del. Laws, c. 255, § 2; 75 Del. Laws, c. 86, §§ 1, 2.;
§ 1246. Compounding a crime; class A misdemeanor.
A person is guilty of compounding a crime when:
(1) The person solicits, accepts or agrees to accept any benefit from a person upon any representation or pretense that criminal
prosecution of such person shall be dropped, withheld or abandoned, or the sentence thereon reduced, or upon any promise to
assert pretended influence to cause such criminal prosecution to be dropped, withheld or abandoned or the sentence thereon
reduced; or
(2) The person offers, confers or agrees to confer any benefit upon another person upon an agreement or understanding that
the other person will refrain from initiating a prosecution for a crime.
Compounding a crime is a class A misdemeanor.
11 Del. C. 1953, § 1246; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1247. Defense to compounding a crime.
In any prosecution for compounding a crime, it is an affirmative defense that the benefit did not exceed the amount which
the accused believed to be due as restitution or indemnification for harm caused by the crime.
11 Del. C. 1953, § 1247; 58 Del. Laws, c. 497, § 1.;
§ 1248. Obstructing the control and suppression of rabies.
(a) A person is guilty of obstructing the control and suppression of rabies when the person violates any lawful order of authorized
state employees, or their agents, in the enforcement of laws to control and suppress rabies, pursuant to Chapter 82 of Title
3, or prevents or dissuades another person from complying with such orders.
(b) Obstructing the control and suppression of rabies is a Class B misdemeanor. However, obstructing the control and suppression
of rabies in a place and at a time when a state of emergency with respect to rabies has been declared pursuant to § 8211 of
Title 3 is a class E felony.
66 Del. Laws, c. 247, § 2; 70 Del. Laws, c. 186, § 1.;
§ 1249. Abetting the violation of driver's license restrictions.
(a) It shall be unlawful for any person to blow into an ignition interlock device, or to start a motor vehicle equipped with
such a device, for the purpose of providing an operable motor vehicle to a person whose driving privilege is restricted.
(b) It shall be unlawful for any person to request or solicit any other person to blow into an ignition interlock device,
or to start a motor vehicle equipped with such device, for the purpose of providing an operable motor vehicle to a person
whose driving privilege is restricted.
(c) It shall be unlawful to tamper with, or to circumvent the operation of, any ignition interlock device.
(d) A violation of this section shall be a class A misdemeanor; provided, however, that a second or subsequent conviction
of a violation of this section shall be a class G felony. Where a person violates this section, and such violation is a direct
cause of the subsequent death of any person, such violation of this section shall be a class G felony. The Superior Court
shall have jurisdiction over all violations of this section.
67 Del. Laws, c. 437, § 5; 68 Del. Laws, c. 125, § 6; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 353, § 1.;
§ 1250. Offenses against law-enforcement animals.
(a) Harassment of law-enforcement animals. --
(1) A person is guilty of harassment of a law-enforcement animal when such person intentionally harasses, taunts, menaces,
challenges or alarms a law-enforcement animal in such a manner as is likely to provoke from such animal a violent, defensive
or threatening response, such as lunging, baring of teeth, kicking, spinning or jumping, if such response from the animal
causes alarm, distress, fear or risk of injury to any person or to the animal.
(2) Harassment of a law-enforcement animal is an unclassified misdemeanor.
(b) Assault in the second degree against a law-enforcement animal. --
(1) A person is guilty of assault in the second degree against a law-enforcement animal when such person intentionally or
recklessly engages in conduct which creates a substantial risk of physical injury or death to a law-enforcement animal, including,
but not limited to, beating, poisoning or torturing such animal.
(2) Assault in the second degree against a law-enforcement animal is a class A misdemeanor.
(c) Assault in the first degree against a law-enforcement animal. --
(1) A person is guilty of assault in the first degree against a law-enforcement animal when such person intentionally or recklessly
causes serious physical injury or death to such law-enforcement animal.
(2) Assault in the first degree against a law-enforcement animal is a class D felony.
(d) "Law-enforcement animal" defined. -- For purposes of this section, the words "law-enforcement animal" shall mean any animal,
including, but not limited to, canines, K-9 dogs and horses utilized by any law-enforcement officer, including any corrections
officer, in the performance of such officer's duties.
68 Del. Laws, c. 116, § 2; 70 Del. Laws, c. 54, § 1.;
§ 1251. Escape in the third degree; class A misdemeanor.
A person is guilty of escape in the third degree when the person escapes from custody, including placement in nonsecure facilities
by the Division of Youth Rehabilitative Services.
Escape in the third degree is a class A misdemeanor.
11 Del. C. 1953, § 1251; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 93, § 1.;
§ 1252. Escape in the second degree; class G felony.
A person is guilty of escape in the second degree when the person escapes from a detention facility or from the custody of
the Department of Health and Social Services or the Department of Correction.
Escape in the second degree is a class G felony.
11 Del. C. 1953, § 1252; 58 Del. Laws, c. 497, § 1; 59 Del. Laws, c. 547, § 8; 63 Del. Laws, c. 168, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1253. Escape after conviction; class B felony; class C felony; class D felony.
A person shall be guilty of escape after conviction if such person, after entering a plea of guilty or having been convicted
by the court, escapes from a detention facility or other place having custody of such person or from the custody of the Department
of Health and Social Services or the Department of Correction.
Escape after conviction shall be a class D felony; provided, however, that if the defendant uses force or the threat of force
against another person or possesses a deadly weapon at the time of escape, it shall be a class C felony. If the defendant
inflicts injury upon another person during the escape or from the time of escape until such person is again in custody, it
shall be a class B felony. Any sentence imposed upon conviction of escape after conviction shall not run concurrently with
any other sentence.
11 Del. C. 1953, § 1253; 58 Del. Laws, c. 497, § 1; 59 Del. Laws, c. 547, § 8; 63 Del. Laws, c. 168, § 2; 67 Del. Laws, c. 130, § 8; 67 Del. Laws, c. 350, § 36; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 67, § 1.;
§ 1254. Assault in a detention facility; penalty; class B and class D felony.
(a) Any person who, being confined in a detention facility, intentionally causes physical injury to a correctional officer,
other state employee of a detention facility acting in the lawful performance of duties, any other person confined in a detention
facility or any other person at a detention facility or other place having custody of such person shall be guilty of a class
D felony.
Notwithstanding Chapter 45 of this title, any person convicted for a violation of this subsection shall be imprisoned for
a mandatory minimum period of 2 years which shall commence upon final judgment of conviction. Such sentence shall not be suspended
nor shall the defendant be eligible for parole or probation.
(b) Any person who, being confined in a detention facility, intentionally causes serious physical injury to a correctional
officer, other state employee of a detention facility acting in the lawful performance of duties, any other person confined
in a detention facility or any other person at a detention facility or other place having custody of such person shall be
guilty of a class B felony.
Notwithstanding Chapter 45 of this title, any person convicted for a violation of this subsection shall be imprisoned for
a mandatory minimum period of 3 years which shall commence upon final judgment of conviction. Such sentence shall not be suspended
nor shall the defendant be eligible for parole or probation.
(c) Any person who, being confined in a detention facility, intentionally strikes with urine, feces or other bodily fluid
a correctional officer or other State employee of a detention facility acting in the lawful performance of duties or any other
person at a detention facility or other place having custody of such person, other than another person confined at a detention
facility shall be guilty of a class D felony.
Notwithstanding Chapter 45 of this title, any person convicted for a violation of this subsection shall be imprisoned for
a mandatory minimum period of 1 year, which shall commence upon final conviction. Such sentence shall not be suspended nor
shall the defendant be eligible for parole or probation.
When charged with a violation of this subsection, the defendant shall be tested for diseases transmittable through bodily
fluids, the cost of such tests to be assessed as costs upon conviction. The results of such tests shall be provided only to
the Attorney General, the victim of the assault, the defendant and the Department's medical care provider.
(d) The execution and operation of the sentence for any other crime causing such original confinement shall, upon the commencement
of the sentence for a violation of this section, be placed in suspension, to be continued only after completion of the sentence
for the violation of this section.
59 Del. Laws, c. 247, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 88, §§ 1-3; 72 Del. Laws, c. 12, §§ 1-3.;
§ 1256. Promoting prison contraband; class F felony; class A misdemeanor.
A person is guilty of promoting prison contraband when:
(1) The person knowingly and unlawfully introduces any contraband into a detention facility; or
(2) The person possesses with intent to deliver any contraband to any person confined within a detention facility; or
(3) Being a person confined in a detention facility, the person knowingly and unlawfully makes, obtains or possesses any contraband.
Promoting prison contraband is a class A misdemeanor except that if the prison contraband is a deadly weapon or any mobile,
phone, cellular telephone, or other prohibited electronic device of any kind, it is a class F felony.
11 Del. C. 1953, § 1256; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 367, § 1.;
§ 1257. Resisting arrest with force or violence, class G felony; resisting arrest, class A misdemeanor.
(a) A person is guilty of resisting arrest with force or violence when:
(1) The person intentionally prevents or attempts to prevent a peace officer from effecting an arrest or detention of the
person or another person by use of force or violence towards said peace officer, or
(2) Intentionally flees from a peace officer who is effecting an arrest against them by use of force or violence towards said
peace officer, or
(3) Injures or struggles with said peace officer causing injury to the peace officer.
Resisting arrest with force or violence is a class G felony.
(b) A person is guilty of resisting arrest when the person intentionally prevents or attempts to prevent a peace officer from
effecting an arrest or detention of the person or another person or intentionally flees from a peace officer who is effecting
an arrest.
Resisting arrest is a class A misdemeanor.
11 Del. C. 1953, § 1257; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 310, §§ 1-3; 77 Del. Laws, c. 266, § 1.;
§ 1257A. Use of an animal to avoid capture, class G felony; "class A misdemeanor"
(a) A person is guilty of using an animal to avoid capture when, with the intent to prevent, hinder or delay the apprehension
of a wanted person, including themselves, they release any animal against a law-enforcement or other authorized person to
make arrests under Delaware law.
(b) Use of an animal to avoid capture is a class G felony:
(1) If the person commits any of the acts set forth in subsection (a) of this section with intent to prevent, hinder or delay
the discovery or apprehension of, or the lodging of a criminal charge against, a person whom that person knows committed acts
constituting a felony, or is being sought by law-enforcement officers for the commission of a felony, or
(2) If the animal injures the law-enforcement officer.
(c) Use of an animal to avoid capture is a class A misdemeanor if the person commits any of the acts set forth in subsection
(a) of this section with intent to prevent, hinder or delay the discovery or apprehension of, or the lodging of a criminal
charge against, a person whom that person knows committed acts constituting a crime other than a felony, or is being sought
by law-enforcement officers for the commission of a crime other than a felony.
71 Del. Laws, c. 248, § 1.;
§ 1258. Escape and offenses relating to custody; definitions.
As used in §§ 1251-1257 of this title:
(1) "Contraband" means any intoxicating liquor or drug prohibited under Chapter 47 of Title 16, except as prescribed by a
physician for medical treatment, any money without the knowledge or consent of the Department of Health and Social Services,
any deadly weapon or part thereof or any instrument or article which may be used to effect an escape.
(2) "Custody" means restraint by a public servant pursuant to an arrest, detention or an order of a court.
(3) "Detention facility" means any place used for the confinement of a person:
a. Charged with or convicted of an offense; or
b. Charged with being a delinquent child as defined in § 901 of Title 10; or
c. Held for extradition or as a material witness; or
d. Otherwise confined pursuant to an order of a court.
(4) "Escape" means departure from the place in which the actor is held or detained with knowledge that such departure is unpermitted.
(5) "Other place having custody of such person" includes, but is not limited to, any building, facility, structure, vehicle
or property in which a person may be placed while in custody, whether temporarily or permanently and regardless of whether
such building, facility, structure, vehicle or property is owned or controlled by the Department of Correction or any other
state agency.
11 Del. C. 1953, § 1258; 58 Del. Laws, c. 497, § 1; 72 Del. Laws, c. 12, § 4.;
§ 1259. Sexual relations in detention facility; class G felony.
A person is guilty of sexual relations in a detention facility when, being an employee working at a detention facility, a
contractor or employee of a contractor at a detention facility, or a volunteer at a detention facility, the person engages
in consensual sexual intercourse or sexual penetration with a person in custody on the premises of a detention facility. Violation
of this section shall be a class G felony.
62 Del. Laws, c. 282, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 241, § 1.;
§ 1260. Misuse of prisoner mail; class A misdemeanor; class G felony.
A person is guilty of misuse of prisoner mail when being a person in custody in a State detention facility, or in the custody
of the Department of Health and Social Services or the Department of Correction, that person intentionally:
(1) Communicates by mail with a person not in custody in a manner which the person in custody knows is likely to cause inconvenience,
annoyance or alarm; or
(2) Designates a written communication as legal mail knowing that said written communication is wholly unrelated to any actual
or potential legal matter or to the administration of justice.
Misuse of prisoner mail is a class A misdemeanor unless the person has previously been convicted under this section, in which
case it is a class G felony.
70 Del. Laws, c. 480, § 1; 70 Del. Laws, c. 186, § 1.;
§ 1261. Bribing a witness; class E felony.
A person is guilty of bribing a witness when the person offers, confers or agrees to confer any benefit upon a witness or
a person about to be called as a witness in any official proceeding upon an agreement or understanding that:
(1) The testimony of the witness will thereby be influenced; or
(2) The witness will be absent from, or otherwise avoid or seek to avoid appearing or testifying at, the official proceeding.
Bribing a witness is a class E felony.
11 Del. C. 1953, § 1261; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1262. Bribe receiving by a witness; class E felony.
A witness or a person about to be called as a witness in any official proceeding is guilty of bribe receiving by a witness
when the witness solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding
that:
(1) The witness's testimony will thereby be influenced; or
(2) The witness will be absent from, or otherwise avoid or seek to avoid appearing or testifying at, the official proceeding.
Bribe receiving by a witness is a class E felony.
11 Del. C. 1953, § 1262; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1263. Tampering with a witness; class E felony.
A person is guilty of tampering with a witness when:
(1) The person knowingly induces, influences or impedes any witness or victim by false statement, fraud or deceit, with intent
to affect the testimony or availability of such witness; or
(2) The person intentionally causes physical injury to any party or witness or intentionally damages the property of any party
or witness on account of past, present or future attendance at any court proceeding or official proceeding of this State or
on account of past, present, or future testimony in any action pending therein; or
(3) The person knowingly intimidates a witness or victim under circumstances set forth in subchapter III of Chapter 35 of
this title.
Tampering with a witness is a class E felony.
11 Del. C. 1953, § 1263; 58 Del. Laws, c. 497, § 1; 63 Del. Laws, c. 20, § 1; 63 Del. Laws, c. 275, §§ 1, 2; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1263A. Interfering with child witness.
(a) A person commits an offense if, intending to interfere with or prevent the prosecution of any person, the person intentionally
or knowingly:
(1) Removes a child from the county of residence of the child knowing that the child is or is likely to become a witness in
a criminal case in the county of residence; or
(2) Refuses or fails to produce a child in the person's custody before a court in which there is pending a criminal case in
which the child is a witness; or
(3) Confers or offers or agrees to confer a benefit on another person in order to:
a. Cause a child to be removed from the county of residence of the child, knowing the child is or is likely to become a witness
in a criminal case in the county of residence; or
b. Cause a person in custody of a child to refuse or fail to produce the child before a court in which there is pending a
criminal case in which the child is a witness; or
(4) Harms or threatens to harm another person in order to:
a. Cause a child to be removed from the county of residence, knowing the child is or is likely to become a witness in a criminal
case in the county of residence; or
b. Cause a person in custody of a child to refuse to produce the child before a court in which there is pending a criminal
case in which the child is a witness.
(b) For purposes of this section:
(1) The county of residence of a child is the county in which the child resides at the time of the commission of the offense
being prosecuted in the criminal case in which the child is a witness;
(2) A child is in the custody of a person if the person is the parent or guardian of the child, is acting in loco parentis
to the child or exercises control over the location or supervision of the child; and
(3) A criminal case is pending in a court if an indictment, information or complaint in the case has been filed with or presented
to the court.
(c) "Witness" as used in this section means any natural person:
(1) Having knowledge of the existence or nonexistence of facts relating to any crime; or
(2) Whose declaration under oath is received, or has been received, as evidence for any purpose; or
(3) Who has reported any crime to any peace officer, prosecuting agency, law-enforcement officer, probation officer, parole
officer, correctional officer or judicial official; or
(4) Who has been served personally or through a parent, guardian, person acting in loco parentis or other custodian, with
a subpoena issued under the authority of any court of this State, or any other state or of the United States; or
(5) Who would be believed by any reasonable person to be an individual described in any paragraph of this subsection.
An offense under paragraph (a)(2), (a)(3)b. or (a)(4)b. of this section is a class E felony.
An offense under paragraph (a)(1), (a)(3)a. or (a)(4)a. of this section is a class G felony unless the child is a complaining
witness, in which event the offense is a class F felony.
65 Del. Laws, c. 110, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1264. Bribing a juror; class E felony.
A person is guilty of bribing a juror when the person offers, confers or agrees to confer any benefit upon a juror upon an
agreement or understanding that the juror's vote, opinion, judgment, decision or other action as a juror will thereby be influenced.
Bribing a juror is a class E felony.
11 Del. C. 1953, § 1264; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1265. Bribe receiving by a juror; class E felony.
A juror is guilty of bribe receiving by a juror when the juror solicits, accepts or agrees to accept any benefit from another
person upon agreement or understanding that the juror's vote, opinion, judgment, decision or other action as a juror will
thereby be influenced.
Bribe receiving by a juror is a class E felony.
11 Del. C. 1953, § 1265; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1266. Tampering with a juror; class A misdemeanor.
A person is guilty of tampering with a juror when:
(1) With intent to influence the outcome of an official proceeding, the person communicates with a juror in the proceeding,
except as permitted by the rules of evidence governing the proceeding; or
(2) In relation to an official proceeding pending or about to be brought before the juror, the person offers, negotiates,
confers or agrees to confer any payment or benefit to the juror or to a third person in consideration for supplying any information
depicting the juror's service.
For purposes of this section, a juror shall be any person who has received notice of summons to appear for jury service.
Tampering with a juror is a class A misdemeanor.
11 Del. C. 1953, § 1266; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 158, § 1.;
§ 1267. Misconduct by a juror; class A misdemeanor.
A person is guilty of misconduct by a juror when, in relation to an official proceeding pending or about to be brought before
the juror:
(1) The juror agrees to give a vote, opinion, judgment decision or report for or against any party to the action or proceeding,
or
(2) The juror solicits, negotiates, accepts or agrees to accept any payment or benefit for himself or herself for a third
person in consideration for supplying any information depicting the juror's service.
For purposes of this section, a juror shall be any person who has received notice of summons to appear for jury service.
Misconduct by a juror is a class A misdemeanor.
11 Del. C. 1953, § 1267; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 323, § 1.;
§ 1268. Communications between jurors not tampering or misconduct.
Nothing in § 1266 or § 1267 of this title applies to communications between jurors in the same proceeding with regard to matters
admitted as evidence in the proceeding.
11 Del. C. 1953, § 1268; 58 Del. Laws, c. 497, § 1.;
§ 1269. Tampering with physical evidence; class G felony.
A person is guilty of tampering with physical evidence when:
(1) Intending that it be used or introduced in an official proceeding or a prospective official proceeding the person:
a. Knowingly makes, devises, alters or prepares false physical evidence; or
b. Produces or offers false physical evidence at a proceeding, knowing it to be false; or
(2) Believing that certain physical evidence is about to be produced or used in an official proceeding or a prospective official
proceeding, and intending to prevent its production or use, the person suppresses it by any act of concealment, alteration
or destruction, or by employing force, intimidation or deception against any person.
Tampering with physical evidence is a class G felony.
11 Del. C. 1953, § 1269; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1270. [Reserved.]
§ 1271. Criminal contempt; class A misdemeanor; class B misdemeanor.
A person is guilty of criminal contempt when the person engages in any of the following conduct:
(1) Disorderly, contemptuous or insolent behavior, committed during the sitting of a court, in its immediate view and presence,
and directly tending to interrupt its proceedings or to impair the respect due to its authority; or
(2) Breach of the peace, noise or other disturbance directly tending to interrupt a court's proceedings; or
(3) Intentional disobedience or resistance to the process, injunction or other mandate of a court; or
(4) Contumacious refusal to be sworn as a witness in any court proceeding or, after being sworn, to answer any proper interrogatory;
or
(5) Knowingly publishing a false or grossly inaccurate report of a court's proceedings; or
(6) Intentional refusal to serve as a juror; or
(7) Intentional and unexcused failure by a juror to attend a trial at which the person has been chosen to serve as a juror;
or
(8) Intentional failure to appear personally on the required date, having been released from custody, with or without bail,
by court order or by other lawful authority, upon condition that the person will subsequently appear personally in connection
with a criminal action or proceeding.
Criminal contempt is a class A misdemeanor, except for violations of paragraph (1) of this section. A violation of paragraph
(1) of this section shall be a class B misdemeanor.
11 Del. C. 1953, § 1211; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1271A. Criminal contempt of a domestic violence protective order; class A misdemeanor; class F felony.
(a) A person is guilty of criminal contempt of a domestic violence protective order when the person knowingly violates or
fails to obey any provision of a protective order issued by the Family Court or a court of any state, territory or Indian
nation in the United States, as long as such violation or failure to obey occurred in Delaware.
(b) Criminal contempt of a domestic violence protective order is a class A misdemeanor, unless any of the elements set forth
in subsection (c) of this section are met, in which case the offense shall be a class F felony.
(c) A person is guilty of felony criminal contempt of a domestic violence protective order if:
(1) Such contempt resulted in physical injury; or
(2) Such contempt involved the use or threatened use of a deadly weapon.
(d) A person found guilty of criminal contempt of a domestic violence protective order shall receive a minimum sentence of
15 days incarceration if:
(1) Such contempt resulted in physical injury; or
(2) Such contempt involved the use or threatened use of a deadly weapon; or
(3) The defendant was convicted of criminal contempt of a domestic violence protective order under this section on 2 or more
occasions prior to this violation.
(e) The minimum sentence shall not be subject to suspension and no person subject to the minimum sentence shall be eligible
for probation, parole, furlough or suspended custody during said sentence.
69 Del. Laws, c. 160, § 4; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 179, § 1; 72 Del. Laws, c. 63, § 1; 76 Del. Laws, c. 117, §§ 1-4.;
§ 1272. Criminal contempt; summary punishment.
A person who commits criminal contempt as defined by § 1271(1) of this title may in the discretion of the court be convicted
and sentenced for that offense without further criminal proceedings during or immediately after the termination of the proceeding
in which the act constituting criminal contempt occurred.
11 Del. C. 1953, § 1272; 58 Del. Laws, c. 497, § 1.;
§ 1273. Unlawful grand jury disclosure; class B misdemeanor.
A person is guilty of unlawful grand jury disclosure when, being a grand juror, a public prosecutor, a grand jury stenographer,
a grand jury interpreter, a peace officer guarding a witness in a grand jury proceeding, or a clerk, attendant, warden or
other public servant having official duties in or about a grand jury room or proceeding, the person intentionally discloses
to another person the nature or substance of any grand jury testimony, or any decision, result or other matter attending a
grand jury proceeding which is required by law to be kept secret, except in the proper discharge of official duties or upon
written order of the court.
Unlawful grand jury disclosure is a class B misdemeanor.
11 Del. C. 1953, § 1273; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1274. Offenses relating to judicial and similar proceedings; definitions.
As used in §§ 1261-1273 of this title:
(1) "Benefit" means gain or advantage, or anything regarded by the beneficiary as gain or advantage, including benefit to
any other person in whose welfare the beneficiary is interested.
(2) "Official proceeding" includes any action or proceeding conducted by or before a legally constituted judicial, legislative,
administrative or other governmental agency or official, in which evidence or testimony of witnesses may properly be received.
(3) "Physical evidence" means any article, object, document, record or other thing of physical substance which is or is about
to be produced or used as evidence in an official proceeding.
11 Del. C. 1953, § 1274; 58 Del. Laws, c. 497, § 1; 70 Del. Laws, c. 186, § 1.;
Subchapter VI. Offenses Against Public Administration
Subpart A. Bribery and Improper Influence
§ 1201. Bribery; class E felony.
A person is guilty of bribery when:
(1) The person offers, confers or agrees to confer a personal benefit upon a public servant upon an agreement or understanding
that the public servant's vote, opinion, judgment, action, decision or exercise of discretion as a public servant will thereby
be influenced; or
(2) The person offers, confers or agrees to confer a personal benefit upon a public servant or party officer upon an agreement
or understanding that some person will or may be appointed to a public office or designated or nominated as a candidate for
public office; or
(3) The person offers, confers or agrees to confer a personal benefit upon a public servant for having violated a duty as
a public servant.
Bribery is a class E felony.
11 Del. C. 1953, § 1201; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1202. Bribery; defense.
In any prosecution for bribery under § 1201(1) of this title, it is a defense that the accused offered, conferred or agreed
to confer the benefit upon the public servant as a result of conduct of the public servant constituting theft or coercion
or an attempt to commit theft or coercion.
11 Del. C. 1953, § 1202; 58 Del. Laws, c. 497, § 1.;
§ 1203. Receiving a bribe; class E felony.
(a) A public servant is guilty of receiving a bribe when the public servant solicits, accepts or agrees to accept a personal
benefit from another person upon an agreement or understanding that the public servant's vote, opinion, judgment, action,
decision or exercise of discretion as a public servant will thereby be influenced.
(b) A public servant or party officer is guilty of receiving a bribe when the public servant solicits, accepts or agrees to
accept personal benefit from another person upon an agreement or understanding that some person will or may be appointed to
a public office or designated or nominated as a candidate for public office.
(c) A public servant is guilty of receiving a bribe when the public servant solicits, accepts or agrees to accept a personal
benefit from another person for having violated the public servant's duty as a public servant.
Receiving a bribe is a class E felony.
11 Del. C. 1953, § 1203; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1204. Theft or coercion no defense to receiving a bribe.
It is no defense to a prosecution for receiving a bribe that the conduct charged to constitute the offense also constitutes
theft or coercion.
11 Del. C. 1953, § 1204; 58 Del. Laws, c. 497, § 1.;
§ 1205. Giving unlawful gratuities; class A misdemeanor.
A person is guilty of giving unlawful gratuities when the person knowingly offers, confers or agrees to confer any personal
benefit upon a public servant for engaging in official conduct which the public servant is required or authorized to perform,
and for which the public servant is not entitled to any special or additional compensation.
Giving unlawful gratuities is a class A misdemeanor.
11 Del. C. 1953, § 1205; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1206. Receiving unlawful gratuities; class A misdemeanor.
A public servant is guilty of receiving unlawful gratuities when the public servant solicits, accepts or agrees to accept
any personal benefit for engaging official conduct which the public servant is required or authorized to perform, and for
which the public servant is not entitled to any special or additional compensation.
Receiving unlawful gratuities is a class A misdemeanor.
11 Del. C. 1953, § 1206; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1207. Improper influence; class A misdemeanor.
A person is guilty of improper influence when:
(1) The person threatens unlawful harm to any person with intent to influence the latter's decision, opinion, recommendation,
vote or other exercise of discretion as a public servant, party officer or voter; or
(2) The person threatens unlawful harm to any public servant or party officer with intent to influence that public servant
or party officer to violate that public servant's or party officer's duty as a public servant or party officer.
Improper influence is a class A misdemeanor.
11 Del. C. 1953, § 1207; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1208. Defect in office no defense.
It is no defense to a prosecution for improper influence that a person whom the accused sought to influence was not qualified
to act in the desired way, whether because the person had not yet assumed office, or lacked jurisdiction or for any other
reason.
11 Del. C. 1953, § 1208; 58 Del. Laws, c. 497, § 1; 70 Del. Laws, c. 186, § 1.;
§ 1209. Definitions relating to bribery and improper influence.
As used in §§ 1201-1208 of this title:
(1) "Harm" means loss, disadvantage or injury, or anything so regarded by the person affected, including loss, disadvantage
or injury to any other person in whose welfare the person is interested;
(2) "Party officer" means a person who holds any position or office in a political party, whether by election, appointment
or otherwise;
(3) "Personal benefit" means gain or advantage to the recipient personally or anything regarded by the recipient as such gain
or advantage, including gain or advantage conferred on the behalf or at the request of the person upon another person in whose
welfare the person is interested but not a gain or advantage promised generally to a group or class of voters as a consequence
of public measures which a candidate engages to support or oppose;
(4) "Public servant" means any officer or employee of the State or any political subdivision thereof, including legislators
and judges, and any person participating as juror, advisor or consultant in performing a governmental function but the term
does not include witnesses. This definition includes persons who are candidates for office or who have been elected to office
but who have not yet assumed office.
11 Del. C. 1953, § 1209; 58 Del. Laws, c. 497, § 1; 62 Del. Laws, c. 109, § 1; 70 Del. Laws, c. 186, § 1.;
§ 1210. [Reserved.]
§ 1211. Official misconduct; class A misdemeanor.
A public servant is guilty of official misconduct when, intending to obtain a personal benefit or to cause harm to another
person:
(1) The public servant commits an act constituting an unauthorized exercise of official functions, knowing that the act is
unauthorized; or
(2) The public servant knowingly refrains from performing a duty which is imposed by law or is clearly inherent in the nature
of the office; or
(3) The public servant performs official functions in a way intended to benefit the public servant's own property or financial
interests under circumstances in which the public servant's actions would not have been reasonably justified in consideration
of the factors which ought to have been taken into account in performing official functions; or
(4) The public servant knowingly performs official functions in a way intended to practice discrimination on the basis of
race, creed, color, sex, age, handicapped status or national origin.
Official misconduct is a class A misdemeanor.
11 Del. C. 1953, § 1211; 58 Del. Laws, c. 497, § 1; 61 Del. Laws, c. 327, § 1; 64 Del. Laws, c. 48, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1212. Profiteering; class A misdemeanor.
A public servant is guilty of profiteering when, in contemplation of official action by the public servant or by a governmental
entity with which the public servant is associated, or in reliance on information to which the public servant has access in
an official capacity and which has not been made public:
(1) The public servant acquires a pecuniary interest in any property, transaction or enterprise which may be affected by the
official action or information; or
(2) The public servant speculates or wagers on the basis of the official action or information; or
(3) The public servant aids another person to do any of the foregoing acts, intending to gain thereby a personal benefit.
Profiteering is a class A misdemeanor.
11 Del. C. 1953, § 1212; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1213. Definitions relating to abuse of office.
In §§ 1211 and 1212 of this title, the definitions given in § 1209 of this title apply.
11 Del. C. 1953, § 1213; 58 Del. Laws, c. 497, § 1.;
§§ 1214-1220. [Reserved.]
§ 1221. Perjury in the third degree; class A misdemeanor.
A person is guilty of perjury in the third degree when the person swears falsely.
Perjury in the third degree is a class A misdemeanor.
11 Del. C. 1953, § 1221; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1222. Perjury in the second degree; class F felony.
A person is guilty of perjury in the second degree when the person swears falsely and when the false statement is:
(1) Made in a written instrument for which an oath is required by law; and
(2) Made with intent to mislead a public servant in the performance of official functions; and
(3) Material to the action, proceeding or matter involved.
Perjury in the second degree is a class F felony.
11 Del. C. 1953, § 1222; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1223. Perjury in the first degree; class D felony.
A person is guilty of perjury in the first degree when the person swears falsely and when the false statement consists of
testimony and is material to the action, proceeding or matter in which it is made.
Perjury in the first degree is a class D felony.
11 Del. C. 1953, § 1223; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1224. Definition of "swears falsely."
A person "swears falsely" when the person intentionally makes a false statement or affirms the truth of a false statement
previously made, knowing it to be false or not believing it to be true, while giving testimony or under oath in a written
instrument or in an unsworn declaration made pursuant to Chapter 53A of Title 10. A false swearing in a written instrument
is not complete until the instrument is delivered by its maker, or by someone acting in the maker's behalf, to another person
with intent that it be uttered or published as true. A person who gives an oral and/or written statement while granted the
privilege of the floor during a session of the House of Representatives or Senate of the General Assembly, whether or not
that person is under oath, gives testimony within the scope of this section.
11 Del. C. 1953, § 1224; 58 Del. Laws, c. 497, § 1; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 193, § 1; 77 Del. Laws, c. 332, § 2.;
§ 1225. Inconsistent statements under oath; no need to prove one false; framing indictment; proof of irreconcilable inconsistency;
conviction of lesser offense.
When a person has made 2 statements under oath which are inconsistent to the degree that 1 of them is necessarily false, and
the circumstances are such that each statement, if false, is perjurious, the inability of the prosecution to establish specifically
which of the 2 statements is the false one does not preclude a prosecution for perjury. The prosecution may be conducted as
follows:
(1) The indictment or information may set forth the 2 statements and, without designating either, charge that 1 of them is
false and perjurious.
(2) The falsity of one or the other of the 2 statements may be established by proof of their irreconcilable inconsistency.
Such proof is sufficient to establish a prima facie case of falsity.
(3) If perjury of different degrees would be established by the making of the 2 statements, hypothetically assuming that each
is false and perjurious, the defendant may be convicted of the lesser degree at most.
11 Del. C. 1953, § 1225; 58 Del. Laws, c. 497, § 1.;
§§ 1226-1230. [Reserved.]
§ 1231. Retraction of false statement as affirmative defense.
In any prosecution for perjury, it is an affirmative defense that the accused retracted the false statement in the course
of the proceeding in which it was made, before the false statement substantially affected the proceeding and before it became
manifest that its falsity was or would be exposed.
11 Del. C. 1953, § 1231; 58 Del. Laws, c. 497, § 1; 70 Del. Laws, c. 186, § 1.;
§ 1232. Perjury; no defense.
It is no defense to a prosecution for perjury that:
(1) The accused was not competent under the relevant rules of evidence to make the false statement alleged; or
(2) The accused mistakenly believed the false statement to be immaterial; or
(3) The oath was administered or taken in an irregular manner; or
(4) A document purporting to be made upon oath and uttered or published as so made by the accused was not in fact made under
oath; or
(5) The court in which the acts constituting the offense were committed lacked jurisdiction over the person of the accused
or over the subject matter.
11 Del. C. 1953, § 1232; 58 Del. Laws, c. 497, § 1.;
§ 1233. Making a false written statement; class A misdemeanor.
A person is guilty of making a false written statement when the person makes a false statement which the person knows to be
false or does not believe to be true in a written instrument bearing a notice, authorized by law, to the effect that false
statements therein are punishable.
Making a false written statement is a class A misdemeanor.
11 Del. C. 1953, § 1233; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1234. Corroboration of testimony of perjury or false written statement.
In any prosecution for perjury or making a false written statement, falsity of a statement may not be established by the uncorroborated
testimony of a single witness. Corroboration may be made by circumstantial evidence.
11 Del. C. 1953, § 1234; 58 Del. Laws, c. 497, § 1.;
§ 1235. Perjury and related offenses; definitions.
(a) A statement is "material" when, regardless of its admissibility under the rules of evidence, it could have affected the
course or outcome of the proceeding.
(b) "Oath" includes an affirmation and every other mode authorized by law of attesting the truth of that which is stated.
(c) An affidavit, deposition or other written instrument is one for which an "oath is required by law" when, absent an oath,
it does not or would not, according to statute or appropriate regulatory provisions, have legal efficacy in a court of law
or before any public or governmental body, agency or public servant to whom it is or might be submitted.
(d) "Public servant" has the meaning given in § 1209(4) of this title.
(e) "Swear" means to state under oath.
(f) "Testimony" means an oral statement made under oath in a proceeding before any court, body, agency, public servant or
other person authorized to conduct the proceeding and to administer the oath or cause it to be administered.
11 Del. C. 1953, § 1235; 58 Del. Laws, c. 497, § 1.;
§§ 1236-1238. [Reserved.]
§ 1239. Wearing a disguise during the commission of a felony; class E felony.
(a) A person who wears a hood, mask or other disguise during the commission of any felony is guilty of wearing a disguise
during the commission of a felony. Wearing a disguise during the commission of a felony is a class E felony.
(b) A person may be found guilty of violating this section notwithstanding that the felony for which the person is convicted
during which the person was wearing a disguise is a lesser included felony of the one originally charged.
70 Del. Laws, c. 372, § 1.;
§ 1240. Terroristic threatening of public officials or public servants; class G felony.
(a) A person is guilty of terroristic threatening of a public official or public servant when the person threatens to commit
any crime likely to result in death or in serious injury to a public official or public servant during or because of the public
official's or public servant's exercise of the official's or servant's official functions.
(b) "Public official or public servant" includes any elected official, appointed official, officer or employee of the State
or any political subdivision thereof, any judge or other judicial officer, any person participating as a juror, or any person
acting as an advisor, contractor or consultant in performing a governmental function. "Public official or public servant"
shall include persons who are candidates for office or who have been elected to office, but who have not yet assumed office.
For the purposes of this section "public official or public servant" also includes any person who formerly held a position
as a public official or public servant.
(c) Terroristic threatening of a public official or public servant is a class G felony.
70 Del. Laws, c. 551, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 176, § 13; 74 Del. Laws, c. 31, § 1.;
§ 1241. Refusing to aid a police officer; class B misdemeanor.
A person is guilty of refusing to aid a police officer when, upon command by a police officer identifiable or identified by
the officer as such, the person unreasonably fails or refuses to aid the police officer in effecting an arrest, or in preventing
the commission by another person of any offense.
Refusing to aid a police officer is a class B misdemeanor.
11 Del. C. 1953, § 1241; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1242. Limitation of civil liability for aiding a police officer.
(a) A person who complies with § 1241 of this title by aiding a police officer, upon command, to affect an arrest or prevent
the commission of an offense, shall not be held liable to any person for any damages resulting therefrom; provided, that the
person employs means which would have been employed by a reasonable person under the circumstances known to the person at
the time.
(b) A duly licensed physician, medical technician or registered nurse requested to withdraw blood from a person by a police
officer so as to prevent the loss of evidence of blood alcohol content or the presence of drugs in the blood stream, and a
hospital employing such physician, technician or nurse shall not be liable for civil damages for any acts or omissions arising
out of the taking of such sample, or the reporting of the results to law-enforcement officials.
11 Del. C. 1953, § 1242; 58 Del. Laws, c. 497, § 1; 63 Del. Laws, c. 88, § 7; 70 Del. Laws, c. 186, § 1.;
§ 1243. Obstructing fire-fighting operations; class A misdemeanor.
A person is guilty of obstructing fire-fighting operations when the person intentionally and unreasonably obstructs the efforts
of any firefighter in extinguishing a fire, or prevents or dissuades another person from extinguishing or helping to extinguish
a fire.
Obstructing fire-fighting operations is a class A misdemeanor.
11 Del. C. 1953, § 1243; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1244. Hindering prosecution; class A misdemeanor.
(a) A person is guilty of hindering prosecution when, with intent to prevent, hinder or delay the discovery or apprehension
of, or the lodging of a criminal charge against, a person whom the person accused of hindering prosecution knows has committed
acts constituting a crime, or is being sought by law-enforcement officers for the commission of a crime, the person accused
of hindering prosecution:
(1) Harbors or conceals the person; or
(2) Warns the person of impending discovery or apprehension; or
(3) Provides the person with money, transportation, weapon, disguise or other means of avoiding discovery or apprehension;
or
(4) Prevents or obstructs, by means of force, intimidation or deception, anyone from performing an act which might aid in
the discovery or apprehension of the person or in the lodging of a criminal charge against the person; or
(5) Suppresses, by an act of concealment, alteration or destruction, any physical evidence which might aid in the discovery
or apprehension of the person or in the lodging of a criminal charge against the person; or
(6) Aids the person to protect or profit expeditiously from an advantage derived from the person's crime.
(b) Hindering prosecution is a class G felony if the person commits any of the acts set forth in subsection (a) of this section
with intent to prevent, hinder or delay the discovery or apprehension of, or the lodging of a criminal charge against, a person
whom that person knows committed acts constituting a felony, or is being sought by law-enforcement officers for the commission
of a felony.
(c) Hindering prosecution is a class A misdemeanor if the person commits any of the acts set forth in subsection (a) of this
section with intent to prevent, hinder or delay the discovery or apprehension of, or the lodging of a criminal charge against,
a person whom that person knows committed acts constituting a crime other than a felony, or is being sought by law-enforcement
officers for the commission of a crime other than a felony.
11 Del. C. 1953, § 1244; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 52, §§ 1, 2; 70 Del. Laws, c. 186, § 1.;
§ 1245. Falsely reporting an incident; class A misdemeanor.
A person is guilty of falsely reporting an incident when, knowing the information reported, conveyed or circulated is false
or baseless, the person:
(1) Initiates or circulates a false report or warning of or impending occurrence of a fire, explosion, crime, catastrophe
or emergency under circumstances in which it is likely that public alarm or inconvenience will result or that fire-fighting
apparatus, ambulance or a rescue vehicle might be summoned; or
(2) Reports, by word or action, to any official or quasi-official agency or organization having the function of dealing with
emergencies involving danger to life or property, an alleged occurrence or impending occurrence of a fire, explosion or other
catastrophe or emergency which did not in fact occur or does not in fact exist; or
(3) Reports to a law-enforcement officer or agency:
a. The alleged occurrence of an offense or incident which did not in fact occur; or
b. An allegedly impending occurrence of an offense or incident which is not in fact about to occur; or
c. False information relating to an actual offense or incident or to the alleged implication of some person therein; or
d. The alleged abduction of a child which would generate the activation of a state-wide and interstate alert response and
law enforcement broadcast when such abduction has not, in fact, occurred.
(4) Without just cause, calls or summons by telephone, fire alarm system or otherwise, any fire-fighting apparatus, ambulance
or rescue truck.
Falsely reporting an incident is a class A misdemeanor, unless the defendant has violated this section previously, in which
case it shall be a class G felony. In addition to the penalties otherwise authorized by law, any person convicted of an offense
in violation of this section shall pay a fine of not less than $500, or less than $1,000 for a violation of paragraph (3)d.
of this section, which fine cannot be suspended and be sentenced to perform a minimum of 100 hours of community service, and
shall be required to reimburse the State, or other responding or other investigating governmental agency, for any expenses
expended in the investigation and/or response to the incident falsely reported.
11 Del. C. 1953, § 1245; 58 Del. Laws, c. 497, § 1; 59 Del. Laws, c. 469, § 1; 60 Del. Laws, c. 542, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 412, § 1; 73 Del. Laws, c. 87, § 1; 73 Del. Laws, c. 255, § 2; 75 Del. Laws, c. 86, §§ 1, 2.;
§ 1246. Compounding a crime; class A misdemeanor.
A person is guilty of compounding a crime when:
(1) The person solicits, accepts or agrees to accept any benefit from a person upon any representation or pretense that criminal
prosecution of such person shall be dropped, withheld or abandoned, or the sentence thereon reduced, or upon any promise to
assert pretended influence to cause such criminal prosecution to be dropped, withheld or abandoned or the sentence thereon
reduced; or
(2) The person offers, confers or agrees to confer any benefit upon another person upon an agreement or understanding that
the other person will refrain from initiating a prosecution for a crime.
Compounding a crime is a class A misdemeanor.
11 Del. C. 1953, § 1246; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1247. Defense to compounding a crime.
In any prosecution for compounding a crime, it is an affirmative defense that the benefit did not exceed the amount which
the accused believed to be due as restitution or indemnification for harm caused by the crime.
11 Del. C. 1953, § 1247; 58 Del. Laws, c. 497, § 1.;
§ 1248. Obstructing the control and suppression of rabies.
(a) A person is guilty of obstructing the control and suppression of rabies when the person violates any lawful order of authorized
state employees, or their agents, in the enforcement of laws to control and suppress rabies, pursuant to Chapter 82 of Title
3, or prevents or dissuades another person from complying with such orders.
(b) Obstructing the control and suppression of rabies is a Class B misdemeanor. However, obstructing the control and suppression
of rabies in a place and at a time when a state of emergency with respect to rabies has been declared pursuant to § 8211 of
Title 3 is a class E felony.
66 Del. Laws, c. 247, § 2; 70 Del. Laws, c. 186, § 1.;
§ 1249. Abetting the violation of driver's license restrictions.
(a) It shall be unlawful for any person to blow into an ignition interlock device, or to start a motor vehicle equipped with
such a device, for the purpose of providing an operable motor vehicle to a person whose driving privilege is restricted.
(b) It shall be unlawful for any person to request or solicit any other person to blow into an ignition interlock device,
or to start a motor vehicle equipped with such device, for the purpose of providing an operable motor vehicle to a person
whose driving privilege is restricted.
(c) It shall be unlawful to tamper with, or to circumvent the operation of, any ignition interlock device.
(d) A violation of this section shall be a class A misdemeanor; provided, however, that a second or subsequent conviction
of a violation of this section shall be a class G felony. Where a person violates this section, and such violation is a direct
cause of the subsequent death of any person, such violation of this section shall be a class G felony. The Superior Court
shall have jurisdiction over all violations of this section.
67 Del. Laws, c. 437, § 5; 68 Del. Laws, c. 125, § 6; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 353, § 1.;
§ 1250. Offenses against law-enforcement animals.
(a) Harassment of law-enforcement animals. --
(1) A person is guilty of harassment of a law-enforcement animal when such person intentionally harasses, taunts, menaces,
challenges or alarms a law-enforcement animal in such a manner as is likely to provoke from such animal a violent, defensive
or threatening response, such as lunging, baring of teeth, kicking, spinning or jumping, if such response from the animal
causes alarm, distress, fear or risk of injury to any person or to the animal.
(2) Harassment of a law-enforcement animal is an unclassified misdemeanor.
(b) Assault in the second degree against a law-enforcement animal. --
(1) A person is guilty of assault in the second degree against a law-enforcement animal when such person intentionally or
recklessly engages in conduct which creates a substantial risk of physical injury or death to a law-enforcement animal, including,
but not limited to, beating, poisoning or torturing such animal.
(2) Assault in the second degree against a law-enforcement animal is a class A misdemeanor.
(c) Assault in the first degree against a law-enforcement animal. --
(1) A person is guilty of assault in the first degree against a law-enforcement animal when such person intentionally or recklessly
causes serious physical injury or death to such law-enforcement animal.
(2) Assault in the first degree against a law-enforcement animal is a class D felony.
(d) "Law-enforcement animal" defined. -- For purposes of this section, the words "law-enforcement animal" shall mean any animal,
including, but not limited to, canines, K-9 dogs and horses utilized by any law-enforcement officer, including any corrections
officer, in the performance of such officer's duties.
68 Del. Laws, c. 116, § 2; 70 Del. Laws, c. 54, § 1.;
§ 1251. Escape in the third degree; class A misdemeanor.
A person is guilty of escape in the third degree when the person escapes from custody, including placement in nonsecure facilities
by the Division of Youth Rehabilitative Services.
Escape in the third degree is a class A misdemeanor.
11 Del. C. 1953, § 1251; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 93, § 1.;
§ 1252. Escape in the second degree; class G felony.
A person is guilty of escape in the second degree when the person escapes from a detention facility or from the custody of
the Department of Health and Social Services or the Department of Correction.
Escape in the second degree is a class G felony.
11 Del. C. 1953, § 1252; 58 Del. Laws, c. 497, § 1; 59 Del. Laws, c. 547, § 8; 63 Del. Laws, c. 168, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1253. Escape after conviction; class B felony; class C felony; class D felony.
A person shall be guilty of escape after conviction if such person, after entering a plea of guilty or having been convicted
by the court, escapes from a detention facility or other place having custody of such person or from the custody of the Department
of Health and Social Services or the Department of Correction.
Escape after conviction shall be a class D felony; provided, however, that if the defendant uses force or the threat of force
against another person or possesses a deadly weapon at the time of escape, it shall be a class C felony. If the defendant
inflicts injury upon another person during the escape or from the time of escape until such person is again in custody, it
shall be a class B felony. Any sentence imposed upon conviction of escape after conviction shall not run concurrently with
any other sentence.
11 Del. C. 1953, § 1253; 58 Del. Laws, c. 497, § 1; 59 Del. Laws, c. 547, § 8; 63 Del. Laws, c. 168, § 2; 67 Del. Laws, c. 130, § 8; 67 Del. Laws, c. 350, § 36; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 67, § 1.;
§ 1254. Assault in a detention facility; penalty; class B and class D felony.
(a) Any person who, being confined in a detention facility, intentionally causes physical injury to a correctional officer,
other state employee of a detention facility acting in the lawful performance of duties, any other person confined in a detention
facility or any other person at a detention facility or other place having custody of such person shall be guilty of a class
D felony.
Notwithstanding Chapter 45 of this title, any person convicted for a violation of this subsection shall be imprisoned for
a mandatory minimum period of 2 years which shall commence upon final judgment of conviction. Such sentence shall not be suspended
nor shall the defendant be eligible for parole or probation.
(b) Any person who, being confined in a detention facility, intentionally causes serious physical injury to a correctional
officer, other state employee of a detention facility acting in the lawful performance of duties, any other person confined
in a detention facility or any other person at a detention facility or other place having custody of such person shall be
guilty of a class B felony.
Notwithstanding Chapter 45 of this title, any person convicted for a violation of this subsection shall be imprisoned for
a mandatory minimum period of 3 years which shall commence upon final judgment of conviction. Such sentence shall not be suspended
nor shall the defendant be eligible for parole or probation.
(c) Any person who, being confined in a detention facility, intentionally strikes with urine, feces or other bodily fluid
a correctional officer or other State employee of a detention facility acting in the lawful performance of duties or any other
person at a detention facility or other place having custody of such person, other than another person confined at a detention
facility shall be guilty of a class D felony.
Notwithstanding Chapter 45 of this title, any person convicted for a violation of this subsection shall be imprisoned for
a mandatory minimum period of 1 year, which shall commence upon final conviction. Such sentence shall not be suspended nor
shall the defendant be eligible for parole or probation.
When charged with a violation of this subsection, the defendant shall be tested for diseases transmittable through bodily
fluids, the cost of such tests to be assessed as costs upon conviction. The results of such tests shall be provided only to
the Attorney General, the victim of the assault, the defendant and the Department's medical care provider.
(d) The execution and operation of the sentence for any other crime causing such original confinement shall, upon the commencement
of the sentence for a violation of this section, be placed in suspension, to be continued only after completion of the sentence
for the violation of this section.
59 Del. Laws, c. 247, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 88, §§ 1-3; 72 Del. Laws, c. 12, §§ 1-3.;
§ 1256. Promoting prison contraband; class F felony; class A misdemeanor.
A person is guilty of promoting prison contraband when:
(1) The person knowingly and unlawfully introduces any contraband into a detention facility; or
(2) The person possesses with intent to deliver any contraband to any person confined within a detention facility; or
(3) Being a person confined in a detention facility, the person knowingly and unlawfully makes, obtains or possesses any contraband.
Promoting prison contraband is a class A misdemeanor except that if the prison contraband is a deadly weapon or any mobile,
phone, cellular telephone, or other prohibited electronic device of any kind, it is a class F felony.
11 Del. C. 1953, § 1256; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 367, § 1.;
§ 1257. Resisting arrest with force or violence, class G felony; resisting arrest, class A misdemeanor.
(a) A person is guilty of resisting arrest with force or violence when:
(1) The person intentionally prevents or attempts to prevent a peace officer from effecting an arrest or detention of the
person or another person by use of force or violence towards said peace officer, or
(2) Intentionally flees from a peace officer who is effecting an arrest against them by use of force or violence towards said
peace officer, or
(3) Injures or struggles with said peace officer causing injury to the peace officer.
Resisting arrest with force or violence is a class G felony.
(b) A person is guilty of resisting arrest when the person intentionally prevents or attempts to prevent a peace officer from
effecting an arrest or detention of the person or another person or intentionally flees from a peace officer who is effecting
an arrest.
Resisting arrest is a class A misdemeanor.
11 Del. C. 1953, § 1257; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 310, §§ 1-3; 77 Del. Laws, c. 266, § 1.;
§ 1257A. Use of an animal to avoid capture, class G felony; "class A misdemeanor"
(a) A person is guilty of using an animal to avoid capture when, with the intent to prevent, hinder or delay the apprehension
of a wanted person, including themselves, they release any animal against a law-enforcement or other authorized person to
make arrests under Delaware law.
(b) Use of an animal to avoid capture is a class G felony:
(1) If the person commits any of the acts set forth in subsection (a) of this section with intent to prevent, hinder or delay
the discovery or apprehension of, or the lodging of a criminal charge against, a person whom that person knows committed acts
constituting a felony, or is being sought by law-enforcement officers for the commission of a felony, or
(2) If the animal injures the law-enforcement officer.
(c) Use of an animal to avoid capture is a class A misdemeanor if the person commits any of the acts set forth in subsection
(a) of this section with intent to prevent, hinder or delay the discovery or apprehension of, or the lodging of a criminal
charge against, a person whom that person knows committed acts constituting a crime other than a felony, or is being sought
by law-enforcement officers for the commission of a crime other than a felony.
71 Del. Laws, c. 248, § 1.;
§ 1258. Escape and offenses relating to custody; definitions.
As used in §§ 1251-1257 of this title:
(1) "Contraband" means any intoxicating liquor or drug prohibited under Chapter 47 of Title 16, except as prescribed by a
physician for medical treatment, any money without the knowledge or consent of the Department of Health and Social Services,
any deadly weapon or part thereof or any instrument or article which may be used to effect an escape.
(2) "Custody" means restraint by a public servant pursuant to an arrest, detention or an order of a court.
(3) "Detention facility" means any place used for the confinement of a person:
a. Charged with or convicted of an offense; or
b. Charged with being a delinquent child as defined in § 901 of Title 10; or
c. Held for extradition or as a material witness; or
d. Otherwise confined pursuant to an order of a court.
(4) "Escape" means departure from the place in which the actor is held or detained with knowledge that such departure is unpermitted.
(5) "Other place having custody of such person" includes, but is not limited to, any building, facility, structure, vehicle
or property in which a person may be placed while in custody, whether temporarily or permanently and regardless of whether
such building, facility, structure, vehicle or property is owned or controlled by the Department of Correction or any other
state agency.
11 Del. C. 1953, § 1258; 58 Del. Laws, c. 497, § 1; 72 Del. Laws, c. 12, § 4.;
§ 1259. Sexual relations in detention facility; class G felony.
A person is guilty of sexual relations in a detention facility when, being an employee working at a detention facility, a
contractor or employee of a contractor at a detention facility, or a volunteer at a detention facility, the person engages
in consensual sexual intercourse or sexual penetration with a person in custody on the premises of a detention facility. Violation
of this section shall be a class G felony.
62 Del. Laws, c. 282, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 241, § 1.;
§ 1260. Misuse of prisoner mail; class A misdemeanor; class G felony.
A person is guilty of misuse of prisoner mail when being a person in custody in a State detention facility, or in the custody
of the Department of Health and Social Services or the Department of Correction, that person intentionally:
(1) Communicates by mail with a person not in custody in a manner which the person in custody knows is likely to cause inconvenience,
annoyance or alarm; or
(2) Designates a written communication as legal mail knowing that said written communication is wholly unrelated to any actual
or potential legal matter or to the administration of justice.
Misuse of prisoner mail is a class A misdemeanor unless the person has previously been convicted under this section, in which
case it is a class G felony.
70 Del. Laws, c. 480, § 1; 70 Del. Laws, c. 186, § 1.;
§ 1261. Bribing a witness; class E felony.
A person is guilty of bribing a witness when the person offers, confers or agrees to confer any benefit upon a witness or
a person about to be called as a witness in any official proceeding upon an agreement or understanding that:
(1) The testimony of the witness will thereby be influenced; or
(2) The witness will be absent from, or otherwise avoid or seek to avoid appearing or testifying at, the official proceeding.
Bribing a witness is a class E felony.
11 Del. C. 1953, § 1261; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1262. Bribe receiving by a witness; class E felony.
A witness or a person about to be called as a witness in any official proceeding is guilty of bribe receiving by a witness
when the witness solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding
that:
(1) The witness's testimony will thereby be influenced; or
(2) The witness will be absent from, or otherwise avoid or seek to avoid appearing or testifying at, the official proceeding.
Bribe receiving by a witness is a class E felony.
11 Del. C. 1953, § 1262; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1263. Tampering with a witness; class E felony.
A person is guilty of tampering with a witness when:
(1) The person knowingly induces, influences or impedes any witness or victim by false statement, fraud or deceit, with intent
to affect the testimony or availability of such witness; or
(2) The person intentionally causes physical injury to any party or witness or intentionally damages the property of any party
or witness on account of past, present or future attendance at any court proceeding or official proceeding of this State or
on account of past, present, or future testimony in any action pending therein; or
(3) The person knowingly intimidates a witness or victim under circumstances set forth in subchapter III of Chapter 35 of
this title.
Tampering with a witness is a class E felony.
11 Del. C. 1953, § 1263; 58 Del. Laws, c. 497, § 1; 63 Del. Laws, c. 20, § 1; 63 Del. Laws, c. 275, §§ 1, 2; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1263A. Interfering with child witness.
(a) A person commits an offense if, intending to interfere with or prevent the prosecution of any person, the person intentionally
or knowingly:
(1) Removes a child from the county of residence of the child knowing that the child is or is likely to become a witness in
a criminal case in the county of residence; or
(2) Refuses or fails to produce a child in the person's custody before a court in which there is pending a criminal case in
which the child is a witness; or
(3) Confers or offers or agrees to confer a benefit on another person in order to:
a. Cause a child to be removed from the county of residence of the child, knowing the child is or is likely to become a witness
in a criminal case in the county of residence; or
b. Cause a person in custody of a child to refuse or fail to produce the child before a court in which there is pending a
criminal case in which the child is a witness; or
(4) Harms or threatens to harm another person in order to:
a. Cause a child to be removed from the county of residence, knowing the child is or is likely to become a witness in a criminal
case in the county of residence; or
b. Cause a person in custody of a child to refuse to produce the child before a court in which there is pending a criminal
case in which the child is a witness.
(b) For purposes of this section:
(1) The county of residence of a child is the county in which the child resides at the time of the commission of the offense
being prosecuted in the criminal case in which the child is a witness;
(2) A child is in the custody of a person if the person is the parent or guardian of the child, is acting in loco parentis
to the child or exercises control over the location or supervision of the child; and
(3) A criminal case is pending in a court if an indictment, information or complaint in the case has been filed with or presented
to the court.
(c) "Witness" as used in this section means any natural person:
(1) Having knowledge of the existence or nonexistence of facts relating to any crime; or
(2) Whose declaration under oath is received, or has been received, as evidence for any purpose; or
(3) Who has reported any crime to any peace officer, prosecuting agency, law-enforcement officer, probation officer, parole
officer, correctional officer or judicial official; or
(4) Who has been served personally or through a parent, guardian, person acting in loco parentis or other custodian, with
a subpoena issued under the authority of any court of this State, or any other state or of the United States; or
(5) Who would be believed by any reasonable person to be an individual described in any paragraph of this subsection.
An offense under paragraph (a)(2), (a)(3)b. or (a)(4)b. of this section is a class E felony.
An offense under paragraph (a)(1), (a)(3)a. or (a)(4)a. of this section is a class G felony unless the child is a complaining
witness, in which event the offense is a class F felony.
65 Del. Laws, c. 110, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1264. Bribing a juror; class E felony.
A person is guilty of bribing a juror when the person offers, confers or agrees to confer any benefit upon a juror upon an
agreement or understanding that the juror's vote, opinion, judgment, decision or other action as a juror will thereby be influenced.
Bribing a juror is a class E felony.
11 Del. C. 1953, § 1264; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1265. Bribe receiving by a juror; class E felony.
A juror is guilty of bribe receiving by a juror when the juror solicits, accepts or agrees to accept any benefit from another
person upon agreement or understanding that the juror's vote, opinion, judgment, decision or other action as a juror will
thereby be influenced.
Bribe receiving by a juror is a class E felony.
11 Del. C. 1953, § 1265; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1266. Tampering with a juror; class A misdemeanor.
A person is guilty of tampering with a juror when:
(1) With intent to influence the outcome of an official proceeding, the person communicates with a juror in the proceeding,
except as permitted by the rules of evidence governing the proceeding; or
(2) In relation to an official proceeding pending or about to be brought before the juror, the person offers, negotiates,
confers or agrees to confer any payment or benefit to the juror or to a third person in consideration for supplying any information
depicting the juror's service.
For purposes of this section, a juror shall be any person who has received notice of summons to appear for jury service.
Tampering with a juror is a class A misdemeanor.
11 Del. C. 1953, § 1266; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 158, § 1.;
§ 1267. Misconduct by a juror; class A misdemeanor.
A person is guilty of misconduct by a juror when, in relation to an official proceeding pending or about to be brought before
the juror:
(1) The juror agrees to give a vote, opinion, judgment decision or report for or against any party to the action or proceeding,
or
(2) The juror solicits, negotiates, accepts or agrees to accept any payment or benefit for himself or herself for a third
person in consideration for supplying any information depicting the juror's service.
For purposes of this section, a juror shall be any person who has received notice of summons to appear for jury service.
Misconduct by a juror is a class A misdemeanor.
11 Del. C. 1953, § 1267; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 323, § 1.;
§ 1268. Communications between jurors not tampering or misconduct.
Nothing in § 1266 or § 1267 of this title applies to communications between jurors in the same proceeding with regard to matters
admitted as evidence in the proceeding.
11 Del. C. 1953, § 1268; 58 Del. Laws, c. 497, § 1.;
§ 1269. Tampering with physical evidence; class G felony.
A person is guilty of tampering with physical evidence when:
(1) Intending that it be used or introduced in an official proceeding or a prospective official proceeding the person:
a. Knowingly makes, devises, alters or prepares false physical evidence; or
b. Produces or offers false physical evidence at a proceeding, knowing it to be false; or
(2) Believing that certain physical evidence is about to be produced or used in an official proceeding or a prospective official
proceeding, and intending to prevent its production or use, the person suppresses it by any act of concealment, alteration
or destruction, or by employing force, intimidation or deception against any person.
Tampering with physical evidence is a class G felony.
11 Del. C. 1953, § 1269; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1270. [Reserved.]
§ 1271. Criminal contempt; class A misdemeanor; class B misdemeanor.
A person is guilty of criminal contempt when the person engages in any of the following conduct:
(1) Disorderly, contemptuous or insolent behavior, committed during the sitting of a court, in its immediate view and presence,
and directly tending to interrupt its proceedings or to impair the respect due to its authority; or
(2) Breach of the peace, noise or other disturbance directly tending to interrupt a court's proceedings; or
(3) Intentional disobedience or resistance to the process, injunction or other mandate of a court; or
(4) Contumacious refusal to be sworn as a witness in any court proceeding or, after being sworn, to answer any proper interrogatory;
or
(5) Knowingly publishing a false or grossly inaccurate report of a court's proceedings; or
(6) Intentional refusal to serve as a juror; or
(7) Intentional and unexcused failure by a juror to attend a trial at which the person has been chosen to serve as a juror;
or
(8) Intentional failure to appear personally on the required date, having been released from custody, with or without bail,
by court order or by other lawful authority, upon condition that the person will subsequently appear personally in connection
with a criminal action or proceeding.
Criminal contempt is a class A misdemeanor, except for violations of paragraph (1) of this section. A violation of paragraph
(1) of this section shall be a class B misdemeanor.
11 Del. C. 1953, § 1211; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1271A. Criminal contempt of a domestic violence protective order; class A misdemeanor; class F felony.
(a) A person is guilty of criminal contempt of a domestic violence protective order when the person knowingly violates or
fails to obey any provision of a protective order issued by the Family Court or a court of any state, territory or Indian
nation in the United States, as long as such violation or failure to obey occurred in Delaware.
(b) Criminal contempt of a domestic violence protective order is a class A misdemeanor, unless any of the elements set forth
in subsection (c) of this section are met, in which case the offense shall be a class F felony.
(c) A person is guilty of felony criminal contempt of a domestic violence protective order if:
(1) Such contempt resulted in physical injury; or
(2) Such contempt involved the use or threatened use of a deadly weapon.
(d) A person found guilty of criminal contempt of a domestic violence protective order shall receive a minimum sentence of
15 days incarceration if:
(1) Such contempt resulted in physical injury; or
(2) Such contempt involved the use or threatened use of a deadly weapon; or
(3) The defendant was convicted of criminal contempt of a domestic violence protective order under this section on 2 or more
occasions prior to this violation.
(e) The minimum sentence shall not be subject to suspension and no person subject to the minimum sentence shall be eligible
for probation, parole, furlough or suspended custody during said sentence.
69 Del. Laws, c. 160, § 4; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 179, § 1; 72 Del. Laws, c. 63, § 1; 76 Del. Laws, c. 117, §§ 1-4.;
§ 1272. Criminal contempt; summary punishment.
A person who commits criminal contempt as defined by § 1271(1) of this title may in the discretion of the court be convicted
and sentenced for that offense without further criminal proceedings during or immediately after the termination of the proceeding
in which the act constituting criminal contempt occurred.
11 Del. C. 1953, § 1272; 58 Del. Laws, c. 497, § 1.;
§ 1273. Unlawful grand jury disclosure; class B misdemeanor.
A person is guilty of unlawful grand jury disclosure when, being a grand juror, a public prosecutor, a grand jury stenographer,
a grand jury interpreter, a peace officer guarding a witness in a grand jury proceeding, or a clerk, attendant, warden or
other public servant having official duties in or about a grand jury room or proceeding, the person intentionally discloses
to another person the nature or substance of any grand jury testimony, or any decision, result or other matter attending a
grand jury proceeding which is required by law to be kept secret, except in the proper discharge of official duties or upon
written order of the court.
Unlawful grand jury disclosure is a class B misdemeanor.
11 Del. C. 1953, § 1273; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1274. Offenses relating to judicial and similar proceedings; definitions.
As used in §§ 1261-1273 of this title:
(1) "Benefit" means gain or advantage, or anything regarded by the beneficiary as gain or advantage, including benefit to
any other person in whose welfare the beneficiary is interested.
(2) "Official proceeding" includes any action or proceeding conducted by or before a legally constituted judicial, legislative,
administrative or other governmental agency or official, in which evidence or testimony of witnesses may properly be received.
(3) "Physical evidence" means any article, object, document, record or other thing of physical substance which is or is about
to be produced or used as evidence in an official proceeding.
11 Del. C. 1953, § 1274; 58 Del. Laws, c. 497, § 1; 70 Del. Laws, c. 186, § 1.;
Subchapter VI. Offenses Against Public Administration
Subpart A. Bribery and Improper Influence
§ 1201. Bribery; class E felony.
A person is guilty of bribery when:
(1) The person offers, confers or agrees to confer a personal benefit upon a public servant upon an agreement or understanding
that the public servant's vote, opinion, judgment, action, decision or exercise of discretion as a public servant will thereby
be influenced; or
(2) The person offers, confers or agrees to confer a personal benefit upon a public servant or party officer upon an agreement
or understanding that some person will or may be appointed to a public office or designated or nominated as a candidate for
public office; or
(3) The person offers, confers or agrees to confer a personal benefit upon a public servant for having violated a duty as
a public servant.
Bribery is a class E felony.
11 Del. C. 1953, § 1201; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1202. Bribery; defense.
In any prosecution for bribery under § 1201(1) of this title, it is a defense that the accused offered, conferred or agreed
to confer the benefit upon the public servant as a result of conduct of the public servant constituting theft or coercion
or an attempt to commit theft or coercion.
11 Del. C. 1953, § 1202; 58 Del. Laws, c. 497, § 1.;
§ 1203. Receiving a bribe; class E felony.
(a) A public servant is guilty of receiving a bribe when the public servant solicits, accepts or agrees to accept a personal
benefit from another person upon an agreement or understanding that the public servant's vote, opinion, judgment, action,
decision or exercise of discretion as a public servant will thereby be influenced.
(b) A public servant or party officer is guilty of receiving a bribe when the public servant solicits, accepts or agrees to
accept personal benefit from another person upon an agreement or understanding that some person will or may be appointed to
a public office or designated or nominated as a candidate for public office.
(c) A public servant is guilty of receiving a bribe when the public servant solicits, accepts or agrees to accept a personal
benefit from another person for having violated the public servant's duty as a public servant.
Receiving a bribe is a class E felony.
11 Del. C. 1953, § 1203; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1204. Theft or coercion no defense to receiving a bribe.
It is no defense to a prosecution for receiving a bribe that the conduct charged to constitute the offense also constitutes
theft or coercion.
11 Del. C. 1953, § 1204; 58 Del. Laws, c. 497, § 1.;
§ 1205. Giving unlawful gratuities; class A misdemeanor.
A person is guilty of giving unlawful gratuities when the person knowingly offers, confers or agrees to confer any personal
benefit upon a public servant for engaging in official conduct which the public servant is required or authorized to perform,
and for which the public servant is not entitled to any special or additional compensation.
Giving unlawful gratuities is a class A misdemeanor.
11 Del. C. 1953, § 1205; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1206. Receiving unlawful gratuities; class A misdemeanor.
A public servant is guilty of receiving unlawful gratuities when the public servant solicits, accepts or agrees to accept
any personal benefit for engaging official conduct which the public servant is required or authorized to perform, and for
which the public servant is not entitled to any special or additional compensation.
Receiving unlawful gratuities is a class A misdemeanor.
11 Del. C. 1953, § 1206; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1207. Improper influence; class A misdemeanor.
A person is guilty of improper influence when:
(1) The person threatens unlawful harm to any person with intent to influence the latter's decision, opinion, recommendation,
vote or other exercise of discretion as a public servant, party officer or voter; or
(2) The person threatens unlawful harm to any public servant or party officer with intent to influence that public servant
or party officer to violate that public servant's or party officer's duty as a public servant or party officer.
Improper influence is a class A misdemeanor.
11 Del. C. 1953, § 1207; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1208. Defect in office no defense.
It is no defense to a prosecution for improper influence that a person whom the accused sought to influence was not qualified
to act in the desired way, whether because the person had not yet assumed office, or lacked jurisdiction or for any other
reason.
11 Del. C. 1953, § 1208; 58 Del. Laws, c. 497, § 1; 70 Del. Laws, c. 186, § 1.;
§ 1209. Definitions relating to bribery and improper influence.
As used in §§ 1201-1208 of this title:
(1) "Harm" means loss, disadvantage or injury, or anything so regarded by the person affected, including loss, disadvantage
or injury to any other person in whose welfare the person is interested;
(2) "Party officer" means a person who holds any position or office in a political party, whether by election, appointment
or otherwise;
(3) "Personal benefit" means gain or advantage to the recipient personally or anything regarded by the recipient as such gain
or advantage, including gain or advantage conferred on the behalf or at the request of the person upon another person in whose
welfare the person is interested but not a gain or advantage promised generally to a group or class of voters as a consequence
of public measures which a candidate engages to support or oppose;
(4) "Public servant" means any officer or employee of the State or any political subdivision thereof, including legislators
and judges, and any person participating as juror, advisor or consultant in performing a governmental function but the term
does not include witnesses. This definition includes persons who are candidates for office or who have been elected to office
but who have not yet assumed office.
11 Del. C. 1953, § 1209; 58 Del. Laws, c. 497, § 1; 62 Del. Laws, c. 109, § 1; 70 Del. Laws, c. 186, § 1.;
§ 1210. [Reserved.]
§ 1211. Official misconduct; class A misdemeanor.
A public servant is guilty of official misconduct when, intending to obtain a personal benefit or to cause harm to another
person:
(1) The public servant commits an act constituting an unauthorized exercise of official functions, knowing that the act is
unauthorized; or
(2) The public servant knowingly refrains from performing a duty which is imposed by law or is clearly inherent in the nature
of the office; or
(3) The public servant performs official functions in a way intended to benefit the public servant's own property or financial
interests under circumstances in which the public servant's actions would not have been reasonably justified in consideration
of the factors which ought to have been taken into account in performing official functions; or
(4) The public servant knowingly performs official functions in a way intended to practice discrimination on the basis of
race, creed, color, sex, age, handicapped status or national origin.
Official misconduct is a class A misdemeanor.
11 Del. C. 1953, § 1211; 58 Del. Laws, c. 497, § 1; 61 Del. Laws, c. 327, § 1; 64 Del. Laws, c. 48, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1212. Profiteering; class A misdemeanor.
A public servant is guilty of profiteering when, in contemplation of official action by the public servant or by a governmental
entity with which the public servant is associated, or in reliance on information to which the public servant has access in
an official capacity and which has not been made public:
(1) The public servant acquires a pecuniary interest in any property, transaction or enterprise which may be affected by the
official action or information; or
(2) The public servant speculates or wagers on the basis of the official action or information; or
(3) The public servant aids another person to do any of the foregoing acts, intending to gain thereby a personal benefit.
Profiteering is a class A misdemeanor.
11 Del. C. 1953, § 1212; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1213. Definitions relating to abuse of office.
In §§ 1211 and 1212 of this title, the definitions given in § 1209 of this title apply.
11 Del. C. 1953, § 1213; 58 Del. Laws, c. 497, § 1.;
§§ 1214-1220. [Reserved.]
§ 1221. Perjury in the third degree; class A misdemeanor.
A person is guilty of perjury in the third degree when the person swears falsely.
Perjury in the third degree is a class A misdemeanor.
11 Del. C. 1953, § 1221; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1222. Perjury in the second degree; class F felony.
A person is guilty of perjury in the second degree when the person swears falsely and when the false statement is:
(1) Made in a written instrument for which an oath is required by law; and
(2) Made with intent to mislead a public servant in the performance of official functions; and
(3) Material to the action, proceeding or matter involved.
Perjury in the second degree is a class F felony.
11 Del. C. 1953, § 1222; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1223. Perjury in the first degree; class D felony.
A person is guilty of perjury in the first degree when the person swears falsely and when the false statement consists of
testimony and is material to the action, proceeding or matter in which it is made.
Perjury in the first degree is a class D felony.
11 Del. C. 1953, § 1223; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1224. Definition of "swears falsely."
A person "swears falsely" when the person intentionally makes a false statement or affirms the truth of a false statement
previously made, knowing it to be false or not believing it to be true, while giving testimony or under oath in a written
instrument or in an unsworn declaration made pursuant to Chapter 53A of Title 10. A false swearing in a written instrument
is not complete until the instrument is delivered by its maker, or by someone acting in the maker's behalf, to another person
with intent that it be uttered or published as true. A person who gives an oral and/or written statement while granted the
privilege of the floor during a session of the House of Representatives or Senate of the General Assembly, whether or not
that person is under oath, gives testimony within the scope of this section.
11 Del. C. 1953, § 1224; 58 Del. Laws, c. 497, § 1; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 193, § 1; 77 Del. Laws, c. 332, § 2.;
§ 1225. Inconsistent statements under oath; no need to prove one false; framing indictment; proof of irreconcilable inconsistency;
conviction of lesser offense.
When a person has made 2 statements under oath which are inconsistent to the degree that 1 of them is necessarily false, and
the circumstances are such that each statement, if false, is perjurious, the inability of the prosecution to establish specifically
which of the 2 statements is the false one does not preclude a prosecution for perjury. The prosecution may be conducted as
follows:
(1) The indictment or information may set forth the 2 statements and, without designating either, charge that 1 of them is
false and perjurious.
(2) The falsity of one or the other of the 2 statements may be established by proof of their irreconcilable inconsistency.
Such proof is sufficient to establish a prima facie case of falsity.
(3) If perjury of different degrees would be established by the making of the 2 statements, hypothetically assuming that each
is false and perjurious, the defendant may be convicted of the lesser degree at most.
11 Del. C. 1953, § 1225; 58 Del. Laws, c. 497, § 1.;
§§ 1226-1230. [Reserved.]
§ 1231. Retraction of false statement as affirmative defense.
In any prosecution for perjury, it is an affirmative defense that the accused retracted the false statement in the course
of the proceeding in which it was made, before the false statement substantially affected the proceeding and before it became
manifest that its falsity was or would be exposed.
11 Del. C. 1953, § 1231; 58 Del. Laws, c. 497, § 1; 70 Del. Laws, c. 186, § 1.;
§ 1232. Perjury; no defense.
It is no defense to a prosecution for perjury that:
(1) The accused was not competent under the relevant rules of evidence to make the false statement alleged; or
(2) The accused mistakenly believed the false statement to be immaterial; or
(3) The oath was administered or taken in an irregular manner; or
(4) A document purporting to be made upon oath and uttered or published as so made by the accused was not in fact made under
oath; or
(5) The court in which the acts constituting the offense were committed lacked jurisdiction over the person of the accused
or over the subject matter.
11 Del. C. 1953, § 1232; 58 Del. Laws, c. 497, § 1.;
§ 1233. Making a false written statement; class A misdemeanor.
A person is guilty of making a false written statement when the person makes a false statement which the person knows to be
false or does not believe to be true in a written instrument bearing a notice, authorized by law, to the effect that false
statements therein are punishable.
Making a false written statement is a class A misdemeanor.
11 Del. C. 1953, § 1233; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1234. Corroboration of testimony of perjury or false written statement.
In any prosecution for perjury or making a false written statement, falsity of a statement may not be established by the uncorroborated
testimony of a single witness. Corroboration may be made by circumstantial evidence.
11 Del. C. 1953, § 1234; 58 Del. Laws, c. 497, § 1.;
§ 1235. Perjury and related offenses; definitions.
(a) A statement is "material" when, regardless of its admissibility under the rules of evidence, it could have affected the
course or outcome of the proceeding.
(b) "Oath" includes an affirmation and every other mode authorized by law of attesting the truth of that which is stated.
(c) An affidavit, deposition or other written instrument is one for which an "oath is required by law" when, absent an oath,
it does not or would not, according to statute or appropriate regulatory provisions, have legal efficacy in a court of law
or before any public or governmental body, agency or public servant to whom it is or might be submitted.
(d) "Public servant" has the meaning given in § 1209(4) of this title.
(e) "Swear" means to state under oath.
(f) "Testimony" means an oral statement made under oath in a proceeding before any court, body, agency, public servant or
other person authorized to conduct the proceeding and to administer the oath or cause it to be administered.
11 Del. C. 1953, § 1235; 58 Del. Laws, c. 497, § 1.;
§§ 1236-1238. [Reserved.]
§ 1239. Wearing a disguise during the commission of a felony; class E felony.
(a) A person who wears a hood, mask or other disguise during the commission of any felony is guilty of wearing a disguise
during the commission of a felony. Wearing a disguise during the commission of a felony is a class E felony.
(b) A person may be found guilty of violating this section notwithstanding that the felony for which the person is convicted
during which the person was wearing a disguise is a lesser included felony of the one originally charged.
70 Del. Laws, c. 372, § 1.;
§ 1240. Terroristic threatening of public officials or public servants; class G felony.
(a) A person is guilty of terroristic threatening of a public official or public servant when the person threatens to commit
any crime likely to result in death or in serious injury to a public official or public servant during or because of the public
official's or public servant's exercise of the official's or servant's official functions.
(b) "Public official or public servant" includes any elected official, appointed official, officer or employee of the State
or any political subdivision thereof, any judge or other judicial officer, any person participating as a juror, or any person
acting as an advisor, contractor or consultant in performing a governmental function. "Public official or public servant"
shall include persons who are candidates for office or who have been elected to office, but who have not yet assumed office.
For the purposes of this section "public official or public servant" also includes any person who formerly held a position
as a public official or public servant.
(c) Terroristic threatening of a public official or public servant is a class G felony.
70 Del. Laws, c. 551, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 176, § 13; 74 Del. Laws, c. 31, § 1.;
§ 1241. Refusing to aid a police officer; class B misdemeanor.
A person is guilty of refusing to aid a police officer when, upon command by a police officer identifiable or identified by
the officer as such, the person unreasonably fails or refuses to aid the police officer in effecting an arrest, or in preventing
the commission by another person of any offense.
Refusing to aid a police officer is a class B misdemeanor.
11 Del. C. 1953, § 1241; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1242. Limitation of civil liability for aiding a police officer.
(a) A person who complies with § 1241 of this title by aiding a police officer, upon command, to affect an arrest or prevent
the commission of an offense, shall not be held liable to any person for any damages resulting therefrom; provided, that the
person employs means which would have been employed by a reasonable person under the circumstances known to the person at
the time.
(b) A duly licensed physician, medical technician or registered nurse requested to withdraw blood from a person by a police
officer so as to prevent the loss of evidence of blood alcohol content or the presence of drugs in the blood stream, and a
hospital employing such physician, technician or nurse shall not be liable for civil damages for any acts or omissions arising
out of the taking of such sample, or the reporting of the results to law-enforcement officials.
11 Del. C. 1953, § 1242; 58 Del. Laws, c. 497, § 1; 63 Del. Laws, c. 88, § 7; 70 Del. Laws, c. 186, § 1.;
§ 1243. Obstructing fire-fighting operations; class A misdemeanor.
A person is guilty of obstructing fire-fighting operations when the person intentionally and unreasonably obstructs the efforts
of any firefighter in extinguishing a fire, or prevents or dissuades another person from extinguishing or helping to extinguish
a fire.
Obstructing fire-fighting operations is a class A misdemeanor.
11 Del. C. 1953, § 1243; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1244. Hindering prosecution; class A misdemeanor.
(a) A person is guilty of hindering prosecution when, with intent to prevent, hinder or delay the discovery or apprehension
of, or the lodging of a criminal charge against, a person whom the person accused of hindering prosecution knows has committed
acts constituting a crime, or is being sought by law-enforcement officers for the commission of a crime, the person accused
of hindering prosecution:
(1) Harbors or conceals the person; or
(2) Warns the person of impending discovery or apprehension; or
(3) Provides the person with money, transportation, weapon, disguise or other means of avoiding discovery or apprehension;
or
(4) Prevents or obstructs, by means of force, intimidation or deception, anyone from performing an act which might aid in
the discovery or apprehension of the person or in the lodging of a criminal charge against the person; or
(5) Suppresses, by an act of concealment, alteration or destruction, any physical evidence which might aid in the discovery
or apprehension of the person or in the lodging of a criminal charge against the person; or
(6) Aids the person to protect or profit expeditiously from an advantage derived from the person's crime.
(b) Hindering prosecution is a class G felony if the person commits any of the acts set forth in subsection (a) of this section
with intent to prevent, hinder or delay the discovery or apprehension of, or the lodging of a criminal charge against, a person
whom that person knows committed acts constituting a felony, or is being sought by law-enforcement officers for the commission
of a felony.
(c) Hindering prosecution is a class A misdemeanor if the person commits any of the acts set forth in subsection (a) of this
section with intent to prevent, hinder or delay the discovery or apprehension of, or the lodging of a criminal charge against,
a person whom that person knows committed acts constituting a crime other than a felony, or is being sought by law-enforcement
officers for the commission of a crime other than a felony.
11 Del. C. 1953, § 1244; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 52, §§ 1, 2; 70 Del. Laws, c. 186, § 1.;
§ 1245. Falsely reporting an incident; class A misdemeanor.
A person is guilty of falsely reporting an incident when, knowing the information reported, conveyed or circulated is false
or baseless, the person:
(1) Initiates or circulates a false report or warning of or impending occurrence of a fire, explosion, crime, catastrophe
or emergency under circumstances in which it is likely that public alarm or inconvenience will result or that fire-fighting
apparatus, ambulance or a rescue vehicle might be summoned; or
(2) Reports, by word or action, to any official or quasi-official agency or organization having the function of dealing with
emergencies involving danger to life or property, an alleged occurrence or impending occurrence of a fire, explosion or other
catastrophe or emergency which did not in fact occur or does not in fact exist; or
(3) Reports to a law-enforcement officer or agency:
a. The alleged occurrence of an offense or incident which did not in fact occur; or
b. An allegedly impending occurrence of an offense or incident which is not in fact about to occur; or
c. False information relating to an actual offense or incident or to the alleged implication of some person therein; or
d. The alleged abduction of a child which would generate the activation of a state-wide and interstate alert response and
law enforcement broadcast when such abduction has not, in fact, occurred.
(4) Without just cause, calls or summons by telephone, fire alarm system or otherwise, any fire-fighting apparatus, ambulance
or rescue truck.
Falsely reporting an incident is a class A misdemeanor, unless the defendant has violated this section previously, in which
case it shall be a class G felony. In addition to the penalties otherwise authorized by law, any person convicted of an offense
in violation of this section shall pay a fine of not less than $500, or less than $1,000 for a violation of paragraph (3)d.
of this section, which fine cannot be suspended and be sentenced to perform a minimum of 100 hours of community service, and
shall be required to reimburse the State, or other responding or other investigating governmental agency, for any expenses
expended in the investigation and/or response to the incident falsely reported.
11 Del. C. 1953, § 1245; 58 Del. Laws, c. 497, § 1; 59 Del. Laws, c. 469, § 1; 60 Del. Laws, c. 542, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 412, § 1; 73 Del. Laws, c. 87, § 1; 73 Del. Laws, c. 255, § 2; 75 Del. Laws, c. 86, §§ 1, 2.;
§ 1246. Compounding a crime; class A misdemeanor.
A person is guilty of compounding a crime when:
(1) The person solicits, accepts or agrees to accept any benefit from a person upon any representation or pretense that criminal
prosecution of such person shall be dropped, withheld or abandoned, or the sentence thereon reduced, or upon any promise to
assert pretended influence to cause such criminal prosecution to be dropped, withheld or abandoned or the sentence thereon
reduced; or
(2) The person offers, confers or agrees to confer any benefit upon another person upon an agreement or understanding that
the other person will refrain from initiating a prosecution for a crime.
Compounding a crime is a class A misdemeanor.
11 Del. C. 1953, § 1246; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1247. Defense to compounding a crime.
In any prosecution for compounding a crime, it is an affirmative defense that the benefit did not exceed the amount which
the accused believed to be due as restitution or indemnification for harm caused by the crime.
11 Del. C. 1953, § 1247; 58 Del. Laws, c. 497, § 1.;
§ 1248. Obstructing the control and suppression of rabies.
(a) A person is guilty of obstructing the control and suppression of rabies when the person violates any lawful order of authorized
state employees, or their agents, in the enforcement of laws to control and suppress rabies, pursuant to Chapter 82 of Title
3, or prevents or dissuades another person from complying with such orders.
(b) Obstructing the control and suppression of rabies is a Class B misdemeanor. However, obstructing the control and suppression
of rabies in a place and at a time when a state of emergency with respect to rabies has been declared pursuant to § 8211 of
Title 3 is a class E felony.
66 Del. Laws, c. 247, § 2; 70 Del. Laws, c. 186, § 1.;
§ 1249. Abetting the violation of driver's license restrictions.
(a) It shall be unlawful for any person to blow into an ignition interlock device, or to start a motor vehicle equipped with
such a device, for the purpose of providing an operable motor vehicle to a person whose driving privilege is restricted.
(b) It shall be unlawful for any person to request or solicit any other person to blow into an ignition interlock device,
or to start a motor vehicle equipped with such device, for the purpose of providing an operable motor vehicle to a person
whose driving privilege is restricted.
(c) It shall be unlawful to tamper with, or to circumvent the operation of, any ignition interlock device.
(d) A violation of this section shall be a class A misdemeanor; provided, however, that a second or subsequent conviction
of a violation of this section shall be a class G felony. Where a person violates this section, and such violation is a direct
cause of the subsequent death of any person, such violation of this section shall be a class G felony. The Superior Court
shall have jurisdiction over all violations of this section.
67 Del. Laws, c. 437, § 5; 68 Del. Laws, c. 125, § 6; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 353, § 1.;
§ 1250. Offenses against law-enforcement animals.
(a) Harassment of law-enforcement animals. --
(1) A person is guilty of harassment of a law-enforcement animal when such person intentionally harasses, taunts, menaces,
challenges or alarms a law-enforcement animal in such a manner as is likely to provoke from such animal a violent, defensive
or threatening response, such as lunging, baring of teeth, kicking, spinning or jumping, if such response from the animal
causes alarm, distress, fear or risk of injury to any person or to the animal.
(2) Harassment of a law-enforcement animal is an unclassified misdemeanor.
(b) Assault in the second degree against a law-enforcement animal. --
(1) A person is guilty of assault in the second degree against a law-enforcement animal when such person intentionally or
recklessly engages in conduct which creates a substantial risk of physical injury or death to a law-enforcement animal, including,
but not limited to, beating, poisoning or torturing such animal.
(2) Assault in the second degree against a law-enforcement animal is a class A misdemeanor.
(c) Assault in the first degree against a law-enforcement animal. --
(1) A person is guilty of assault in the first degree against a law-enforcement animal when such person intentionally or recklessly
causes serious physical injury or death to such law-enforcement animal.
(2) Assault in the first degree against a law-enforcement animal is a class D felony.
(d) "Law-enforcement animal" defined. -- For purposes of this section, the words "law-enforcement animal" shall mean any animal,
including, but not limited to, canines, K-9 dogs and horses utilized by any law-enforcement officer, including any corrections
officer, in the performance of such officer's duties.
68 Del. Laws, c. 116, § 2; 70 Del. Laws, c. 54, § 1.;
§ 1251. Escape in the third degree; class A misdemeanor.
A person is guilty of escape in the third degree when the person escapes from custody, including placement in nonsecure facilities
by the Division of Youth Rehabilitative Services.
Escape in the third degree is a class A misdemeanor.
11 Del. C. 1953, § 1251; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 93, § 1.;
§ 1252. Escape in the second degree; class G felony.
A person is guilty of escape in the second degree when the person escapes from a detention facility or from the custody of
the Department of Health and Social Services or the Department of Correction.
Escape in the second degree is a class G felony.
11 Del. C. 1953, § 1252; 58 Del. Laws, c. 497, § 1; 59 Del. Laws, c. 547, § 8; 63 Del. Laws, c. 168, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1253. Escape after conviction; class B felony; class C felony; class D felony.
A person shall be guilty of escape after conviction if such person, after entering a plea of guilty or having been convicted
by the court, escapes from a detention facility or other place having custody of such person or from the custody of the Department
of Health and Social Services or the Department of Correction.
Escape after conviction shall be a class D felony; provided, however, that if the defendant uses force or the threat of force
against another person or possesses a deadly weapon at the time of escape, it shall be a class C felony. If the defendant
inflicts injury upon another person during the escape or from the time of escape until such person is again in custody, it
shall be a class B felony. Any sentence imposed upon conviction of escape after conviction shall not run concurrently with
any other sentence.
11 Del. C. 1953, § 1253; 58 Del. Laws, c. 497, § 1; 59 Del. Laws, c. 547, § 8; 63 Del. Laws, c. 168, § 2; 67 Del. Laws, c. 130, § 8; 67 Del. Laws, c. 350, § 36; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 67, § 1.;
§ 1254. Assault in a detention facility; penalty; class B and class D felony.
(a) Any person who, being confined in a detention facility, intentionally causes physical injury to a correctional officer,
other state employee of a detention facility acting in the lawful performance of duties, any other person confined in a detention
facility or any other person at a detention facility or other place having custody of such person shall be guilty of a class
D felony.
Notwithstanding Chapter 45 of this title, any person convicted for a violation of this subsection shall be imprisoned for
a mandatory minimum period of 2 years which shall commence upon final judgment of conviction. Such sentence shall not be suspended
nor shall the defendant be eligible for parole or probation.
(b) Any person who, being confined in a detention facility, intentionally causes serious physical injury to a correctional
officer, other state employee of a detention facility acting in the lawful performance of duties, any other person confined
in a detention facility or any other person at a detention facility or other place having custody of such person shall be
guilty of a class B felony.
Notwithstanding Chapter 45 of this title, any person convicted for a violation of this subsection shall be imprisoned for
a mandatory minimum period of 3 years which shall commence upon final judgment of conviction. Such sentence shall not be suspended
nor shall the defendant be eligible for parole or probation.
(c) Any person who, being confined in a detention facility, intentionally strikes with urine, feces or other bodily fluid
a correctional officer or other State employee of a detention facility acting in the lawful performance of duties or any other
person at a detention facility or other place having custody of such person, other than another person confined at a detention
facility shall be guilty of a class D felony.
Notwithstanding Chapter 45 of this title, any person convicted for a violation of this subsection shall be imprisoned for
a mandatory minimum period of 1 year, which shall commence upon final conviction. Such sentence shall not be suspended nor
shall the defendant be eligible for parole or probation.
When charged with a violation of this subsection, the defendant shall be tested for diseases transmittable through bodily
fluids, the cost of such tests to be assessed as costs upon conviction. The results of such tests shall be provided only to
the Attorney General, the victim of the assault, the defendant and the Department's medical care provider.
(d) The execution and operation of the sentence for any other crime causing such original confinement shall, upon the commencement
of the sentence for a violation of this section, be placed in suspension, to be continued only after completion of the sentence
for the violation of this section.
59 Del. Laws, c. 247, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 88, §§ 1-3; 72 Del. Laws, c. 12, §§ 1-3.;
§ 1256. Promoting prison contraband; class F felony; class A misdemeanor.
A person is guilty of promoting prison contraband when:
(1) The person knowingly and unlawfully introduces any contraband into a detention facility; or
(2) The person possesses with intent to deliver any contraband to any person confined within a detention facility; or
(3) Being a person confined in a detention facility, the person knowingly and unlawfully makes, obtains or possesses any contraband.
Promoting prison contraband is a class A misdemeanor except that if the prison contraband is a deadly weapon or any mobile,
phone, cellular telephone, or other prohibited electronic device of any kind, it is a class F felony.
11 Del. C. 1953, § 1256; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 367, § 1.;
§ 1257. Resisting arrest with force or violence, class G felony; resisting arrest, class A misdemeanor.
(a) A person is guilty of resisting arrest with force or violence when:
(1) The person intentionally prevents or attempts to prevent a peace officer from effecting an arrest or detention of the
person or another person by use of force or violence towards said peace officer, or
(2) Intentionally flees from a peace officer who is effecting an arrest against them by use of force or violence towards said
peace officer, or
(3) Injures or struggles with said peace officer causing injury to the peace officer.
Resisting arrest with force or violence is a class G felony.
(b) A person is guilty of resisting arrest when the person intentionally prevents or attempts to prevent a peace officer from
effecting an arrest or detention of the person or another person or intentionally flees from a peace officer who is effecting
an arrest.
Resisting arrest is a class A misdemeanor.
11 Del. C. 1953, § 1257; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 310, §§ 1-3; 77 Del. Laws, c. 266, § 1.;
§ 1257A. Use of an animal to avoid capture, class G felony; "class A misdemeanor"
(a) A person is guilty of using an animal to avoid capture when, with the intent to prevent, hinder or delay the apprehension
of a wanted person, including themselves, they release any animal against a law-enforcement or other authorized person to
make arrests under Delaware law.
(b) Use of an animal to avoid capture is a class G felony:
(1) If the person commits any of the acts set forth in subsection (a) of this section with intent to prevent, hinder or delay
the discovery or apprehension of, or the lodging of a criminal charge against, a person whom that person knows committed acts
constituting a felony, or is being sought by law-enforcement officers for the commission of a felony, or
(2) If the animal injures the law-enforcement officer.
(c) Use of an animal to avoid capture is a class A misdemeanor if the person commits any of the acts set forth in subsection
(a) of this section with intent to prevent, hinder or delay the discovery or apprehension of, or the lodging of a criminal
charge against, a person whom that person knows committed acts constituting a crime other than a felony, or is being sought
by law-enforcement officers for the commission of a crime other than a felony.
71 Del. Laws, c. 248, § 1.;
§ 1258. Escape and offenses relating to custody; definitions.
As used in §§ 1251-1257 of this title:
(1) "Contraband" means any intoxicating liquor or drug prohibited under Chapter 47 of Title 16, except as prescribed by a
physician for medical treatment, any money without the knowledge or consent of the Department of Health and Social Services,
any deadly weapon or part thereof or any instrument or article which may be used to effect an escape.
(2) "Custody" means restraint by a public servant pursuant to an arrest, detention or an order of a court.
(3) "Detention facility" means any place used for the confinement of a person:
a. Charged with or convicted of an offense; or
b. Charged with being a delinquent child as defined in § 901 of Title 10; or
c. Held for extradition or as a material witness; or
d. Otherwise confined pursuant to an order of a court.
(4) "Escape" means departure from the place in which the actor is held or detained with knowledge that such departure is unpermitted.
(5) "Other place having custody of such person" includes, but is not limited to, any building, facility, structure, vehicle
or property in which a person may be placed while in custody, whether temporarily or permanently and regardless of whether
such building, facility, structure, vehicle or property is owned or controlled by the Department of Correction or any other
state agency.
11 Del. C. 1953, § 1258; 58 Del. Laws, c. 497, § 1; 72 Del. Laws, c. 12, § 4.;
§ 1259. Sexual relations in detention facility; class G felony.
A person is guilty of sexual relations in a detention facility when, being an employee working at a detention facility, a
contractor or employee of a contractor at a detention facility, or a volunteer at a detention facility, the person engages
in consensual sexual intercourse or sexual penetration with a person in custody on the premises of a detention facility. Violation
of this section shall be a class G felony.
62 Del. Laws, c. 282, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 241, § 1.;
§ 1260. Misuse of prisoner mail; class A misdemeanor; class G felony.
A person is guilty of misuse of prisoner mail when being a person in custody in a State detention facility, or in the custody
of the Department of Health and Social Services or the Department of Correction, that person intentionally:
(1) Communicates by mail with a person not in custody in a manner which the person in custody knows is likely to cause inconvenience,
annoyance or alarm; or
(2) Designates a written communication as legal mail knowing that said written communication is wholly unrelated to any actual
or potential legal matter or to the administration of justice.
Misuse of prisoner mail is a class A misdemeanor unless the person has previously been convicted under this section, in which
case it is a class G felony.
70 Del. Laws, c. 480, § 1; 70 Del. Laws, c. 186, § 1.;
§ 1261. Bribing a witness; class E felony.
A person is guilty of bribing a witness when the person offers, confers or agrees to confer any benefit upon a witness or
a person about to be called as a witness in any official proceeding upon an agreement or understanding that:
(1) The testimony of the witness will thereby be influenced; or
(2) The witness will be absent from, or otherwise avoid or seek to avoid appearing or testifying at, the official proceeding.
Bribing a witness is a class E felony.
11 Del. C. 1953, § 1261; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1262. Bribe receiving by a witness; class E felony.
A witness or a person about to be called as a witness in any official proceeding is guilty of bribe receiving by a witness
when the witness solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding
that:
(1) The witness's testimony will thereby be influenced; or
(2) The witness will be absent from, or otherwise avoid or seek to avoid appearing or testifying at, the official proceeding.
Bribe receiving by a witness is a class E felony.
11 Del. C. 1953, § 1262; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1263. Tampering with a witness; class E felony.
A person is guilty of tampering with a witness when:
(1) The person knowingly induces, influences or impedes any witness or victim by false statement, fraud or deceit, with intent
to affect the testimony or availability of such witness; or
(2) The person intentionally causes physical injury to any party or witness or intentionally damages the property of any party
or witness on account of past, present or future attendance at any court proceeding or official proceeding of this State or
on account of past, present, or future testimony in any action pending therein; or
(3) The person knowingly intimidates a witness or victim under circumstances set forth in subchapter III of Chapter 35 of
this title.
Tampering with a witness is a class E felony.
11 Del. C. 1953, § 1263; 58 Del. Laws, c. 497, § 1; 63 Del. Laws, c. 20, § 1; 63 Del. Laws, c. 275, §§ 1, 2; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1263A. Interfering with child witness.
(a) A person commits an offense if, intending to interfere with or prevent the prosecution of any person, the person intentionally
or knowingly:
(1) Removes a child from the county of residence of the child knowing that the child is or is likely to become a witness in
a criminal case in the county of residence; or
(2) Refuses or fails to produce a child in the person's custody before a court in which there is pending a criminal case in
which the child is a witness; or
(3) Confers or offers or agrees to confer a benefit on another person in order to:
a. Cause a child to be removed from the county of residence of the child, knowing the child is or is likely to become a witness
in a criminal case in the county of residence; or
b. Cause a person in custody of a child to refuse or fail to produce the child before a court in which there is pending a
criminal case in which the child is a witness; or
(4) Harms or threatens to harm another person in order to:
a. Cause a child to be removed from the county of residence, knowing the child is or is likely to become a witness in a criminal
case in the county of residence; or
b. Cause a person in custody of a child to refuse to produce the child before a court in which there is pending a criminal
case in which the child is a witness.
(b) For purposes of this section:
(1) The county of residence of a child is the county in which the child resides at the time of the commission of the offense
being prosecuted in the criminal case in which the child is a witness;
(2) A child is in the custody of a person if the person is the parent or guardian of the child, is acting in loco parentis
to the child or exercises control over the location or supervision of the child; and
(3) A criminal case is pending in a court if an indictment, information or complaint in the case has been filed with or presented
to the court.
(c) "Witness" as used in this section means any natural person:
(1) Having knowledge of the existence or nonexistence of facts relating to any crime; or
(2) Whose declaration under oath is received, or has been received, as evidence for any purpose; or
(3) Who has reported any crime to any peace officer, prosecuting agency, law-enforcement officer, probation officer, parole
officer, correctional officer or judicial official; or
(4) Who has been served personally or through a parent, guardian, person acting in loco parentis or other custodian, with
a subpoena issued under the authority of any court of this State, or any other state or of the United States; or
(5) Who would be believed by any reasonable person to be an individual described in any paragraph of this subsection.
An offense under paragraph (a)(2), (a)(3)b. or (a)(4)b. of this section is a class E felony.
An offense under paragraph (a)(1), (a)(3)a. or (a)(4)a. of this section is a class G felony unless the child is a complaining
witness, in which event the offense is a class F felony.
65 Del. Laws, c. 110, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1264. Bribing a juror; class E felony.
A person is guilty of bribing a juror when the person offers, confers or agrees to confer any benefit upon a juror upon an
agreement or understanding that the juror's vote, opinion, judgment, decision or other action as a juror will thereby be influenced.
Bribing a juror is a class E felony.
11 Del. C. 1953, § 1264; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1265. Bribe receiving by a juror; class E felony.
A juror is guilty of bribe receiving by a juror when the juror solicits, accepts or agrees to accept any benefit from another
person upon agreement or understanding that the juror's vote, opinion, judgment, decision or other action as a juror will
thereby be influenced.
Bribe receiving by a juror is a class E felony.
11 Del. C. 1953, § 1265; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1266. Tampering with a juror; class A misdemeanor.
A person is guilty of tampering with a juror when:
(1) With intent to influence the outcome of an official proceeding, the person communicates with a juror in the proceeding,
except as permitted by the rules of evidence governing the proceeding; or
(2) In relation to an official proceeding pending or about to be brought before the juror, the person offers, negotiates,
confers or agrees to confer any payment or benefit to the juror or to a third person in consideration for supplying any information
depicting the juror's service.
For purposes of this section, a juror shall be any person who has received notice of summons to appear for jury service.
Tampering with a juror is a class A misdemeanor.
11 Del. C. 1953, § 1266; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 158, § 1.;
§ 1267. Misconduct by a juror; class A misdemeanor.
A person is guilty of misconduct by a juror when, in relation to an official proceeding pending or about to be brought before
the juror:
(1) The juror agrees to give a vote, opinion, judgment decision or report for or against any party to the action or proceeding,
or
(2) The juror solicits, negotiates, accepts or agrees to accept any payment or benefit for himself or herself for a third
person in consideration for supplying any information depicting the juror's service.
For purposes of this section, a juror shall be any person who has received notice of summons to appear for jury service.
Misconduct by a juror is a class A misdemeanor.
11 Del. C. 1953, § 1267; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 323, § 1.;
§ 1268. Communications between jurors not tampering or misconduct.
Nothing in § 1266 or § 1267 of this title applies to communications between jurors in the same proceeding with regard to matters
admitted as evidence in the proceeding.
11 Del. C. 1953, § 1268; 58 Del. Laws, c. 497, § 1.;
§ 1269. Tampering with physical evidence; class G felony.
A person is guilty of tampering with physical evidence when:
(1) Intending that it be used or introduced in an official proceeding or a prospective official proceeding the person:
a. Knowingly makes, devises, alters or prepares false physical evidence; or
b. Produces or offers false physical evidence at a proceeding, knowing it to be false; or
(2) Believing that certain physical evidence is about to be produced or used in an official proceeding or a prospective official
proceeding, and intending to prevent its production or use, the person suppresses it by any act of concealment, alteration
or destruction, or by employing force, intimidation or deception against any person.
Tampering with physical evidence is a class G felony.
11 Del. C. 1953, § 1269; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1270. [Reserved.]
§ 1271. Criminal contempt; class A misdemeanor; class B misdemeanor.
A person is guilty of criminal contempt when the person engages in any of the following conduct:
(1) Disorderly, contemptuous or insolent behavior, committed during the sitting of a court, in its immediate view and presence,
and directly tending to interrupt its proceedings or to impair the respect due to its authority; or
(2) Breach of the peace, noise or other disturbance directly tending to interrupt a court's proceedings; or
(3) Intentional disobedience or resistance to the process, injunction or other mandate of a court; or
(4) Contumacious refusal to be sworn as a witness in any court proceeding or, after being sworn, to answer any proper interrogatory;
or
(5) Knowingly publishing a false or grossly inaccurate report of a court's proceedings; or
(6) Intentional refusal to serve as a juror; or
(7) Intentional and unexcused failure by a juror to attend a trial at which the person has been chosen to serve as a juror;
or
(8) Intentional failure to appear personally on the required date, having been released from custody, with or without bail,
by court order or by other lawful authority, upon condition that the person will subsequently appear personally in connection
with a criminal action or proceeding.
Criminal contempt is a class A misdemeanor, except for violations of paragraph (1) of this section. A violation of paragraph
(1) of this section shall be a class B misdemeanor.
11 Del. C. 1953, § 1211; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1271A. Criminal contempt of a domestic violence protective order; class A misdemeanor; class F felony.
(a) A person is guilty of criminal contempt of a domestic violence protective order when the person knowingly violates or
fails to obey any provision of a protective order issued by the Family Court or a court of any state, territory or Indian
nation in the United States, as long as such violation or failure to obey occurred in Delaware.
(b) Criminal contempt of a domestic violence protective order is a class A misdemeanor, unless any of the elements set forth
in subsection (c) of this section are met, in which case the offense shall be a class F felony.
(c) A person is guilty of felony criminal contempt of a domestic violence protective order if:
(1) Such contempt resulted in physical injury; or
(2) Such contempt involved the use or threatened use of a deadly weapon.
(d) A person found guilty of criminal contempt of a domestic violence protective order shall receive a minimum sentence of
15 days incarceration if:
(1) Such contempt resulted in physical injury; or
(2) Such contempt involved the use or threatened use of a deadly weapon; or
(3) The defendant was convicted of criminal contempt of a domestic violence protective order under this section on 2 or more
occasions prior to this violation.
(e) The minimum sentence shall not be subject to suspension and no person subject to the minimum sentence shall be eligible
for probation, parole, furlough or suspended custody during said sentence.
69 Del. Laws, c. 160, § 4; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 179, § 1; 72 Del. Laws, c. 63, § 1; 76 Del. Laws, c. 117, §§ 1-4.;
§ 1272. Criminal contempt; summary punishment.
A person who commits criminal contempt as defined by § 1271(1) of this title may in the discretion of the court be convicted
and sentenced for that offense without further criminal proceedings during or immediately after the termination of the proceeding
in which the act constituting criminal contempt occurred.
11 Del. C. 1953, § 1272; 58 Del. Laws, c. 497, § 1.;
§ 1273. Unlawful grand jury disclosure; class B misdemeanor.
A person is guilty of unlawful grand jury disclosure when, being a grand juror, a public prosecutor, a grand jury stenographer,
a grand jury interpreter, a peace officer guarding a witness in a grand jury proceeding, or a clerk, attendant, warden or
other public servant having official duties in or about a grand jury room or proceeding, the person intentionally discloses
to another person the nature or substance of any grand jury testimony, or any decision, result or other matter attending a
grand jury proceeding which is required by law to be kept secret, except in the proper discharge of official duties or upon
written order of the court.
Unlawful grand jury disclosure is a class B misdemeanor.
11 Del. C. 1953, § 1273; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1274. Offenses relating to judicial and similar proceedings; definitions.
As used in §§ 1261-1273 of this title:
(1) "Benefit" means gain or advantage, or anything regarded by the beneficiary as gain or advantage, including benefit to
any other person in whose welfare the beneficiary is interested.
(2) "Official proceeding" includes any action or proceeding conducted by or before a legally constituted judicial, legislative,
administrative or other governmental agency or official, in which evidence or testimony of witnesses may properly be received.
(3) "Physical evidence" means any article, object, document, record or other thing of physical substance which is or is about
to be produced or used as evidence in an official proceeding.
11 Del. C. 1953, § 1274; 58 Del. Laws, c. 497, § 1; 70 Del. Laws, c. 186, § 1.;
