(1) The person intentionally causes public inconvenience, annoyance or alarm to any other person, or creates a risk thereof
by:
a. Engaging in fighting or in violent, tumultuous or threatening behavior; or
b. Making an unreasonable noise or an offensively coarse utterance, gesture or display, or addressing abusive language to
any person present; or
c. Disturbing any lawful assembly or meeting of persons without lawful authority; or
d. Obstructing vehicular or pedestrian traffic; or
e. Congregating with other persons in a public place and refusing to comply with a lawful order of the police to disperse;
or
f. Creating a hazardous or physically offensive condition which serves no legitimate purpose; or
g. Congregating with other persons in a public place while wearing masks, hoods or other garments rendering their faces unrecognizable,
for the purpose of and in a manner likely to imminently subject any person to the deprivation of any rights, privileges or
immunities secured by the Constitution or laws of the United States of America.
(2) The person engages with at least 1 other person in a course of disorderly conduct as defined in paragraph (1) of this
section which is likely to cause substantial harm or serious inconvenience, annoyance or alarm, and refuses or knowingly fails
to obey an order to disperse made by a peace officer to the participants.
Disorderly conduct is an unclassified misdemeanor.
11 Del. C. 1953, § 1301; 58 Del. Laws, c. 497, § 1; 59 Del. Laws, c. 203, §§ 23, 24; 63 Del. Laws, c. 305, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1302. Riot; class F felony.
A person is guilty of riot when the person participates with 2 or more persons in a course of disorderly conduct:
(1) With intent to commit or facilitate the commission of a felony or misdemeanor; or
(2) With intent to prevent or coerce official action; or
(3) When the accused or any other participant to the knowledge of the accused uses or plans to use a firearm or other deadly
weapon.
Any other provision of this Criminal Code notwithstanding, whoever violates this section shall be guilty of a class F felony.
Any other provision of this Criminal Code or Title 10 notwithstanding, any person over 16 years old who violates this section
shall be prosecuted as an adult.
11 Del. C. 1953, § 1302; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1303. Disorderly conduct; funeral or memorial service.
(a) A person shall not do any of the following within 300 feet of the building or other location where a funeral or memorial
service is being conducted, or within 1,000 feet of a funeral procession or burial:
(1) Direct abusive epithets or make any threatening gesture which the person knows or reasonably should know is likely to
provoke a violent reaction by another.
(2) Disturb or disrupt the funeral, memorial service, funeral procession, or burial by conduct intended to disturb or disrupt
the funeral, memorial service, funeral procession or burial.
(b) This section applies to conduct within 1 hour preceding, during and within 2 hours after a funeral, memorial service,
funeral procession or burial.
(c) A person who commits a violation of this section commits:
(1) A class A misdemeanor for a first offense.
(2) A class F felony for a second or subsequent offense.
(d) This section shall not preclude any county or municipality from legislating and enforcing its own more restrictive law
in this regard.
75 Del. Laws, c. 271, § 1.;
§ 1304. Hate crimes; class A misdemeanor, class G felony, class F felony, class E felony, class D felony, class C felony,
class B felony, class A felony.
(a) Any person who commits, or attempts to commit, any crime as defined by the laws of this State, and who intentionally:
(1) Commits said crime for the purpose of interfering with the victim's free exercise or enjoyment of any right, privilege
or immunity protected by the First Amendment to the United States Constitution, or commits said crime because the victim has
exercised or enjoyed said rights; or
(2) Selects the victim because of the victim's race, religion, color, disability, sexual orientation, national origin or ancestry,
shall be guilty of a hate crime. For purposes of this section, the term "sexual orientation" means heterosexuality, bisexuality,
or homosexuality.
(b) Hate crimes shall be punished as follows:
(1) If the underlying offense is a violation or unclassified misdemeanor, the hate crime shall be a class A misdemeanor;
(2) If the underlying offense is a class A, B, or C misdemeanor, the hate crime shall be a class G felony;
(3) If the underlying offense is a class C, D, E, F, or G felony, the hate crime shall be one grade higher than the underlying
offense;
(4) If the underlying offense is a class A or B felony, the hate crime shall be the same grade as the underlying offense,
and the minimum sentence of imprisonment required for the underlying offense shall be doubled.
70 Del. Laws, c. 138, § 1; 70 Del. Laws c. 186, § 1; 71 Del. Laws, c. 175, §§ 1, 2.;
§§ 1305-1310. [Reserved.]
§ 1311. Harassment; class A misdemeanor.
(a) A person is guilty of harassment when, with intent to harass, annoy or alarm another person:
(1) That person insults, taunts or challenges another person or engages in any other course of alarming or distressing conduct
which serves no legitimate purpose and is in a manner which the person knows is likely to provoke a violent or disorderly
response or cause a reasonable person to suffer fear, alarm, or distress;
(2) Communicates with a person by telephone, telegraph, mail or any other form of written or electronic communication in a
manner which the person knows is likely to cause annoyance or alarm including, but not limited to, intrastate telephone calls
initiated by vendors for the purpose of selling goods or services;
(3) Knowingly permits any telephone under that person's control to be used for a purpose prohibited by this section;
(4) In the course of a telephone call that person uses obscene language or language suggesting that the recipient of the call
engage with that person or another person in sexual relations of any sort, knowing that the person is thereby likely to cause
annoyance or alarm to the recipient of the call; or
(5) Makes repeated or anonymous telephone calls to another person whether or not conversation ensues, knowing that person
is thereby likely to cause annoyance or alarm.
(b) Harassment is a class A misdemeanor.
11 Del. C. 1953, § 1311; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 316, § 3; 74 Del. Laws, c. 362, § 1; 76 Del. Laws, c. 343, §§ 1, 2.;
§ 1312. Stalking; class G felony, class F felony, class C felony.
(a) A person is guilty of stalking when the person knowingly engages in a course of conduct directed at a specific person
and that conduct would cause a reasonable person to:
(1) Fear physical injury to himself or herself or that of another person; or
(2) Suffer other significant mental anguish or distress that may, but does not necessarily, require medical or other professional
treatment or counseling.
(b) A violation of subsection (a) of this section is a class G felony.
(c) Stalking is a class F felony if a person is guilty of stalking and 1 or more of the following exists:
(1) The person is age 21 or older and the victim is under the age of 14; or
(2) The person violated any order prohibiting contact with the victim; or
(3) The victim is age 62 years of age or older; or
(4) The course of conduct includes a threat of death or threat of serious physical injury to the victim, or to another person;
or
(5) The person causes physical injury to the victim.
(d) Stalking is a class C felony if the person is guilty of stalking and 1 or more of the following exists:
(1) The person possesses a deadly weapon during any act; or
(2) The person causes serious physical injury to the victim.
(e) Definitions. -- The following terms shall have the following meaning as used in this section:
(1) "Course of conduct" means 3 or more separate incidents, including, but not limited to, acts in which the person directly,
indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveys, threatens,
or communicates to or about another, or interferes with, jeopardizes, damages, or disrupts another's daily activities, property,
employment, business, career, education, or medical care. A conviction is not required for any predicate act relied upon to
establish a course of conduct. A conviction for any predicate act relied upon to establish a course of conduct does not preclude
prosecution under this section. Prosecution under this section does not preclude prosecution under any other section of the
Code.
(2) "A reasonable person" means a reasonable person in the victim's circumstances.
(f) Notwithstanding any contrary provision of § 4205 of this title, any person who commits the crime of stalking by engaging
in a course of conduct which includes any act or acts which have previously been prohibited by a then-existing court order
or sentence shall receive a minimum sentence of 6 months incarceration at Level V. The first 6 months of said period of incarceration
shall not be subject to suspension.
(g) Notwithstanding any contrary provision of § 4205 of this title, any person who is convicted of stalking within 5 years
of a prior conviction of stalking shall receive a minimum sentence of 1 year incarceration at Level V. The first year of said
period of incarceration shall not be subject to suspension.
(h) In any prosecution under this law, it shall not be a defense that the perpetrator was not given actual notice that the
course of conduct was unwanted; or that the perpetrator did not intend to cause the victim fear or other emotional distress.
(i) In any prosecution under this section, it is an affirmative defense that the person charged was engaged in lawful picketing.
(j) This section shall not apply to conduct which occurs in furtherance of legitimate activities of law-enforcement, private
investigators, security officers or private detectives as those activities are defined in Chapter 13 of Title 24.
68 Del. Laws, c. 250, § 1; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 316, § 1; 74 Del. Laws, c. 116, §§ 1, 2; 76 Del. Laws, c. 343, § 4.;
§ 1312A. Stalking; class F felony.
Transferred by 76 Del. Laws, c. 343, § 4, eff. Oct. 14, 2008, to § 1312 of this title.
§ 1313. Malicious interference with emergency communications; class B misdemeanor.
(a) As used in this section:
(1) "Emergency communication" means any telephone call or any other form of communication made, transmitted or facilitated
by radio, computer or any other electronic device which is intended by its maker to provide warning or information pertaining
to any crime, fire, accident, disaster or risk of injury or damage to any person or property.
(2) "Emergency communications center" means any public or private facility or entity which accepts emergency communications
for the purpose of notifying, dispatching, directing or coordinating law enforcement, fire, medical, paramedic, ambulance,
utility or other public safety personnel.
(b) A person is guilty of malicious interference with emergency communications when the person:
(1) Intentionally prevents or hinders the initiation, making or completion of an emergency communication by another person;
or
(2) Intentionally initiates or makes repeated nonemergency communications to any 911 or other emergency communications center,
knowing it was thereby likely that the operations of such emergency communications center would be disrupted.
11 Del. C. 1953, § 1313; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 73 Del. Laws, c. 87, § 2.;
§ 1314. [Reserved.]
§ 1315. Public intoxication; unclassified misdemeanor; violation.
A person is guilty of public intoxication when the person appears in a public place manifestly under the influence of alcohol
or narcotics or any other drug not administered or prescribed to be taken by a physician, to the degree that the person may
be in danger or endanger other persons or property, or annoy persons in the vicinity.
Public intoxication is a violation, unless the accused has been convicted of public intoxication twice before within 1 year,
in which case the offense is an unclassified misdemeanor.
11 Del. C. 1953, § 1315; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1316. Registration of out-of-state liquor agents; violation.
(a) In order to promote and protect the public safety and the peace of the community, by reason of the presence of many persons
engaged in the enforcement of the laws of other states, any agent, employee, or representative of another state shall register
with the Delaware Alcoholic Beverage and Tobacco Enforcement not less than 30 days in advance of each entry into a county
for the purpose of observing any alcoholic beverage sales.
(b) At the time of registration the person shall provide the following information:
(1) A written statement setting forth the identity of the out-of-state official;
(2) The purpose of the intended entry into the county;
(3) The make, model and license number of each and every vehicle to be used in the conduct of any surveillance activity;
(4) The specific establishments at which surveillance will be conducted; and
(5) The specific times for surveillance of each establishment.
(c) Any person who registers shall be issued a certificate of registration which must be retained in the possession of the
person during all investigative or surveillance activities.
(d) Any person who fails to register as required by this section, or who having registered violates any provision of this
section, shall lose the right to register or the person's registration, as the case may be, for a period of 6 months.
(e) Any person who, during the period imposed by subsection (d) of this section, violates this section is guilty of a violation.
(f) Upon written request, the Delaware Alcoholic Beverage and Tobacco Enforcement shall release the information regarding
agencies and officers who have registered under this section.
69 Del. Laws, c. 275, § 1; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 74.;
§§ 1317-1319. [Reserved.]
§ 1320. Loitering on property of a state-supported school, college or university; violation.
A person is guilty of loitering on property of a state-supported school, college or university when the person loiters or
remains in or about the buildings or grounds of a school, college or university supported in whole or in part with state funds,
not having any reason or relationship involving custody of or responsibility for a pupil or student, or any other specific,
legitimate reason for being there, and not having written permission from anyone authorized to grant the same.
Any law-enforcement officer, state official or employee, the owner or occupier of such lands or property, an agent or employee
of such persons, or any other person or persons whom they may call to their assistance, may arrest such loiterer, either with
or without warrant, either upon the premises or in immediate flight therefrom and, if with warrant, then at any place.
Loitering on property of a state-supported school, college or university is a violation.
11 Del. C. 1953, § 1320; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1321. Loitering; violation.
A person is guilty of loitering when:
(1) The person fails or refuses to move on when lawfully ordered to do so by any police officer; or
(2) The person stands, sits idling or loiters upon any pavement, sidewalk or crosswalk, or stands or sits in a group or congregates
with others on any pavement, sidewalk, crosswalk or doorstep, in any street or way open to the public in this State so as
to obstruct or hinder the free and convenient passage of persons walking, riding or driving over or along such pavement, walk,
street or way, and fails to make way, remove or pass, after reasonable request from any person; or
(3) The person loiters or remains in or about a school building or grounds, not having reason or relationship involving custody
of or responsibility for a pupil or any other specific or legitimate reason for being there, unless the person has written
permission from the principal; or
(4) The person loiters, remains or wanders about in a public place for the purpose of begging; or
(5) The person loiters or remains in a public place for the purpose of engaging or soliciting another person to engage in
sexual intercourse or deviate sexual intercourse; or
(6) The person loiters, congregates with others or prowls in a place at a time or in a manner not usual for law-abiding individuals
under circumstances that warrant alarm for the safety of persons or property in the vicinity, especially in light of the crime
rate in the relevant area. Unless flight by the accused or other circumstances make it impracticable, a peace officer shall,
prior to any arrest for an offense under this subdivision, afford the accused an opportunity to dispel any alarm which would
otherwise be warranted, by requesting identification and an explanation of the person's presence and conduct. No person shall
be convicted of an offense under this subdivision if the peace officer did not comply with the preceding sentence, or if it
appears that the explanation given by the accused was true and, if believed by the peace officer at the time, would have dispelled
the alarm.
Loitering is a violation.
11 Del. C. 1953, § 1321; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 113, § 1; 70 Del. Laws, c. 186, § 1.;
(1) By conduct either unlawful in itself or unreasonable under all the circumstances, the person knowingly or recklessly creates
or maintains a condition which endangers the safety or health of others; or
(2) The person knowingly conducts or maintains any premises, place or resort where persons gather for purposes of engaging
in unlawful conduct.
Criminal nuisance is an unclassified misdemeanor.
11 Del. C. 1953, § 1322; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1323. Obstructing public passages; violation.
A person is guilty of obstructing public passages when alone or with other persons and having no legal privilege to do so,
the person intentionally or recklessly renders any public passage unreasonably inconvenient or hazardous to use, or the person
wilfully enters upon or tampers with or obstructs any public utility right-of-way.
Obstructing a public passage is a violation.
11 Del. C. 1953, § 1323; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1324. Obstructing ingress to or egress from public buildings; unclassified misdemeanor.
A person is guilty of obstructing ingress to or egress from public buildings when the person knowingly prevents any person
from passing through any entrance or exit to a public building, except that this section shall not apply to lawful picketing
or to picketing for any lawful union objective.
Obstructing ingress to or egress from public buildings is an unclassified misdemeanor.
11 Del. C. 1953, § 1324; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1325. Cruelty to animals; class A misdemeanor; class F felony.
(a) For the purpose of this section, the following words and phrases shall include, but not be limited to, the meanings respectively
ascribed to them as follows:
(1) "Abandonment" includes completely forsaking or deserting an animal originally under one's custody without making reasonable
arrangements for custody of that animal to be assumed by another person.
(2) "Animal" shall not include fish, crustacea or molluska.
(3) "Cruel" includes every act or omission to act whereby unnecessary or unjustifiable physical pain or suffering is caused
or permitted.
(4) "Cruel mistreatment" includes any treatment whereby unnecessary or unjustifiable physical pain or suffering is caused
or permitted.
(5) "Cruel neglect" includes neglect of an animal, which is under the care and control of the neglector, whereby pain or suffering
is caused to the animal or abandonment of any domesticated animal by its owner or custodian. By way of example, cruel neglect
shall also include allowing an animal to live in unsanitary conditions, such as keeping an animal where the animal's own excrement
is not removed from the animal's living area and/or other living conditions which are injurious to the animal's health.
(6) "Cruelty to animals" includes mistreatment of any animal or neglect of any animal under the care and control of the neglector,
whereby unnecessary or unjustifiable physical pain or suffering is caused. By way of example this includes: Unjustifiable
beating of an animal; overworking an animal; tormenting an animal; abandonment of an animal; failure to feed properly or give
proper shelter or veterinary care to an animal.
(7) "Custody" includes the responsibility for the welfare of an animal subject to one's care and control whether one owns
it or not.
(8) "Person" includes any individual, partnership, corporation or association living and/or doing business in the State.
(9) "Proper feed" includes providing each animal with daily food and water of sufficient quality and quantity to prevent unnecessary
or unjustifiable physical pain or suffering by the animal.
(10) "Proper shelter" includes providing each animal with adequate shelter from the weather elements as required to prevent
unnecessary or unjustifiable physical pain or suffering by the animal.
(11) "Proper veterinary care" includes providing each animal with veterinary care sufficient to prevent unnecessary or unjustifiable
physical pain or suffering by the animal.
(12) "Serious injury" shall include any injury to any animal which creates a substantial risk of death, or which causes prolonged
impairment of health or prolonged loss or impairment of the function of any bodily organ.
(b) A person is guilty of cruelty to animals when the person intentionally or recklessly:
(1) Subjects any animal to cruel mistreatment; or
(2) Subjects any animal in the person's custody to cruel neglect; or
(3) Kills or injures any animal belonging to another person without legal privilege or consent of the owner; or
(4) Cruelly or unnecessarily kills or injures any animal whether belonging to the actor or another. This section does not
apply to the killing of any animal normally or commonly raised as food for human consumption, provided that such killing is
not cruel. A person acts unnecessarily if the act is not required to terminate an animal's suffering, to protect the life
or property of the actor or another person or if other means of disposing of an animal exist which would not impair the health
or well-being of that animal; or
(5) Captures, detains, transports, removes or delivers any animal known to be a domestic farm animal, pet or companion animal,
or any other animal of scientific, environmental, economic or cultural value, under false pretenses to any public or private
animal shelter, veterinary clinic or other facility, or otherwise causes the same through acts of deception or misrepresentation
of the circumstances and disposition of any such animal.
Paragraphs (1), (2) and (4) of this subsection are inapplicable to accepted veterinary practices and activities carried on
for scientific research.
Cruelty to animals is a class A misdemeanor, unless the person intentionally kills or causes serious injury to any animal
in violation of paragraph (4) of this subsection or unless the animal is killed or seriously injured as a result of any action
prohibited by paragraph (5) of this section, in which case it is a class F felony.
(c) Any person convicted of a misdemeanor violation of this section shall be prohibited from owning or possessing any animal
for 5 years after said conviction, except for animals grown, raised or produced within the State for resale, or for sale of
a product thereof, where the person has all necessary licenses for such sale or resale, and receives at least 25 percent of
the person's annual gross income from such sale or resale. Any person convicted of a second or subsequent misdemeanor violation
of this section shall be prohibited from owning or possessing any animal for 5 years after said conviction without exception.
A violation of this subsection is subject to a fine in the amount of $1,000 in any court of competent jurisdiction and to
forfeiture of any animal illegally owned in accordance with the provisions of 3 Del. C. § 7904.
(d) Any person convicted of a felony violation of this section shall be prohibited from owning or possessing any animal for
15 years after said conviction, except for animals grown, raised or produced within the State for resale, or for sale of a
product thereof, where the person has all necessary licenses for such sale or resale, and receives at least 25 percent of
the person's annual gross income from such sale or resale. Any person convicted of a second or subsequent felony violation
of this section shall be prohibited from owning or possessing any animal for 15 years after said conviction without exception.
A violation of this subsection is subject to a fine in the amount of $5,000 in any court of competent jurisdiction and to
forfeiture of any animal illegally owned in accordance with the provisions of 3 Del. C. § 7904.
(e) Any agent of the Delaware Society for the Prevention of Cruelty to Animals, or, in Kent County of this State, of the Kent
County Society for the Prevention of Cruelty to Animals, may impound an animal owned or possessed in apparent violation of
this section, consistent with 3 Del. C. § 7904.
(f) This section shall not apply to the lawful hunting or trapping of animals as provided by law.
11 Del. C. 1953, § 1325; 58 Del. Laws, c. 497, § 1; 62 Del. Laws, c. 71, §§ 1, 2; 63 Del. Laws, c. 260, § 1; 64 Del. Laws, c. 196, §§ 1-3; 67 Del. Laws, c. 130, § 8; 69 Del. Laws, c. 280, §§ 1, 2; 70 Del. Laws, c. 60, § 1; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 75, § 1; 73 Del. Laws, c. 182, §§ 1, 2; 73 Del. Laws, c. 238, §§ 1, 2.;
§ 1325A. The unlawful trade in dog or cat by-products; class B misdemeanor; class A misdemeanor, penalties.
(a)(1) A person is guilty of the unlawful trade in dog or cat by-products in the 2nd degree if the person knowingly or recklessly
sells, barters or offers for sale or barter, the fur or hair of a domestic dog or cat or any product made in whole or in part
from the fur or hair of a domestic dog or cat.
(2) This subsection shall not apply to the sale or barter, or offering for sale or barter, of the fur or hair of a domestic
dog or cat which has been cut at a commercial grooming establishment, or at a veterinary office or clinic, or for scientific
research purposes.
(3) The unlawful trade in dog or cat by-products in the 2nd degree is a class B misdemeanor.
(b)(1) A person is guilty of the unlawful trade in dog or cat by-products in the 1st degree if the person knowingly or recklessly
sells, barters or offers for sale or barter, the flesh of a domestic dog or cat or any product made in whole or in part from
the flesh of a domestic dog or cat.
(2) The unlawful trade in dog or cat by-products in the first degree is a class A misdemeanor.
(c) In addition to any other penalty provided by law, any person convicted of a violation of this section shall be:
(1) Prohibited from owning or possessing any domestic dog or cat for 15 years after said conviction, except for those grown,
raised or produced within the State for resale, where the person has all necessary licenses for such sale or resale, and receives
at least 25 percent of the person's annual gross income from such sale or resale;
(2) Subject to a fine in the amount of $2,500 in any court of competent jurisdiction; and
(3) Required to forfeit any domestic dog or cat illegally owned in accordance with the provisions of Chapter 79 of Title 3.
(d) For the purposes of this section, the term "domestic dog or cat" means a dog (Canis familiaris) or cat (Felis catus or
Felis domesticus) that is generally recognized in the United States as being a household pet and shall not include coyote,
fox, lynx, bobcat or any other wild or commercially raised canine or feline species the fur or hair of which is recognized
for use in warm clothing and outer wear by the United States Department of Agriculture and which species is not recognized
as an endangered or threatened species by the United States Fish and Wild Life Service or the Delaware Department of Natural
Resources and Environmental Control.
72 Del. Laws, c. 391, § 1.;
§ 1326. Animals; fighting and baiting prohibited; class E felony.
(a) A person who owns, possesses, keeps, trains, or uses a bull, bear, dog, cock, or other animal or fowl for the purpose
of fighting or baiting; or a person who is a party to or who causes the fighting or baiting of a bull, bear, dog, cock, or
other animal or fowl; or a person who rents or otherwise obtains the use of a building, shed, room, yard, ground, or premises
for the purpose of fighting or baiting an animal or fowl; or a person who knowingly suffers or permits the use of a building,
shed, room, yard, ground, or premises belonging to the person, or that is under the person's control, for any of the purposes
described in this section, is guilty of a class E felony.
(b) A person who is present at a building, shed, room, yard, ground, or premises where preparations are being made for an
exhibition prohibited by subsection (a) of this section, and who knows that the exhibition is taking place or is about to
take place, is guilty of a class F felony.
(c) A person who gambles on the outcome of an exhibition prohibited by subsection (a) of this section is guilty of a class
F felony.
(d) All animals, equipment, devices, and money involved in a violation of this section must be forfeited to the State. Animals
so forfeited must be disposed of in a humane manner.
(e) Prosecution for any offense under this section may not be commenced after 5 years from the commission of the offense.
(f) A person convicted of a violation of this section is prohibited from owning or possessing any animal or fowl for 15 years
after conviction.
(g) A fine issued as a result of a violation of this section may not be suspended.
(h) In addition to the penalties provided under this section, the court may require a person convicted of violating this section
to attend and participate in an appropriate treatment program or to obtain appropriate psychiatric or psychological counseling,
or both. The court may impose the costs of any treatment program or counseling upon the person convicted.
66 Del. Laws, c. 369, § 2; 67 Del. Laws, c. 130, § 8; 67 Del. Laws, c. 350, §§ 34, 35; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 417, § 1; 73 Del. Laws, c. 238, §§ 3-5; 73 Del. Laws, c. 411, § 1; 76 Del. Laws, c. 259, §§ 1-3; 77 Del. Laws, c. 264, § 1.;
§ 1327. Maintaining a dangerous animal; class E felony; class F felony; class A misdemeanor.
(a) A person is guilty of maintaining a dangerous animal when such person knowingly or recklessly owns, controls or has custody
over any dangerous animal which causes death, serious physical injury or physical injury to another person or which causes
death or serious injury to another animal.
(b) For the purposes of this section, "dangerous animal" means any dog or other animal which:
(1) Had been declared dangerous or potentially dangerous by the Dog Control Panel pursuant to subchapter III of Chapter 17
of Title 7;
(2) Had been trained for animal fighting, or that has been used primarily or occasionally for animal fighting;
(3) Had been intentionally trained so as to increase its viciousness, dangerousness or potential for unprovoked attacks upon
human beings or other animals; or
(4) Has an individualized and known propensity, tendency or disposition, specific to the individual dog, for viciousness,
dangerousness or unprovoked attacks upon human beings or other animals.
(c) Maintaining a dangerous animal shall be punished as follows:
(1) When a dangerous animal causes the death of a person, maintaining a dangerous animal is a class E felony;
(2) When a dangerous animal causes serious physical injury to a person, maintaining a dangerous animal is a class F felony;
(3) When a dangerous animal causes physical injury to a person or when a dangerous animal causes death or physical injury
to another animal, maintaining a dangerous animal is a class A misdemeanor.
(d) This section shall not apply to any dog or other animal trained or owned or used by any law enforcement agency or any
person, company, agency or entity licensed pursuant to Chapter 13 of Title 24.
(e) In any prosecution under this section it shall be an affirmative defense that at the time of the attack during which physical
injury, serious physical injury or death was inflicted upon a person:
(1) The victim of the attack was in the course of committing criminal trespass or any violent felony as set forth in this
title or was attempting to commit criminal trespass or said violent felony;
(2) The victim had provoked the attack by committing cruelty to animals as defined in § 1325 of this title upon said dangerous
animal or by inflicting physical injury upon said dangerous animal; or
(3) The owner or custodian of the dangerous animal was in full compliance with the applicable provisions of subchapter III
of Chapter 17 of Title 7, including the requirements pertaining to confinement, restraint and muzzling.
(f) In any prosecution under this section it shall be an affirmative defense that at the time of the attack during which physical
injury or death was inflicted upon an animal:
(1) The animal which was injured or killed had entered onto the real property of the owner or custodian of the dangerous animal
without permission;
(2) The animal which was injured or killed had provoked the attack by menacing, biting or attacking the dangerous animal or
its owner or custodian; or
(3) The owner or custodian of the dangerous animal was in full compliance with the applicable provisions of subchapter III
of Chapter 17 of Title 7, including the requirements pertaining to confinement, restraint and muzzling.
73 Del. Laws, c. 411, § 2.;
§§ 1328, 1329. [Reserved.]
§ 1330. Smoking on trolleys and buses.
(a) Whoever in any trackless trolley coach, or gasoline or diesel-engine-propelled bus being used as a public conveyance for
carrying passengers within this State, smokes or carries a lighted cigarette, cigar or pipe shall be fined not less than $5
nor more than $25.
(b) Justices of the peace shall have jurisdiction of offenses under this section.
60 Del. Laws, c. 66, § 1; 66 Del. Laws, c. 369, § 2; 73 Del. Laws, c. 411, § 2.;
§ 1331. Desecration; class A misdemeanor.
A person is guilty of desecration if the person intentionally defaces, damages, pollutes or otherwise physically mistreats
any public monument or structure, any place of worship, the national flag or any other object of veneration by the public
or a substantial segment thereof, in a public place and in a way in which the actor knows will outrage the sensibilities of
persons likely to observe or discover the actions.
Desecration is a class A misdemeanor.
11 Del. C. 1953, § 1331; 58 Del. Laws, c. 497, § 1; 65 Del. Laws, c. 463, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1332. Abusing a corpse; class A misdemeanor.
A person is guilty of abusing a corpse when, except as authorized by law, the person treats a corpse in a way that a reasonable
person knows would outrage ordinary family sensibilities.
Abusing a corpse is a class A misdemeanor.
11 Del. C. 1953, § 1332; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1333. Trading in human remains and Associated Funerary Objects.
(a) As used in this section:
(1) "Associated Funerary Objects" means an item of human manufacture or use that is intentionally placed with human remains
at the time of interment in a burial site or later as a part of a death rite or ceremony of a culture, religion or group.
"Associated Funerary Object" includes any gravestone, monument, tomb or other structure in or directly associated with a burial
site.
(b) A person is guilty of trading in human remains and Associated Funerary Objects when the person knowingly sells, buys or
transports for sale or profit, or offers to buy, sell or transport for sale or profit, within this State, any unlawfully removed
human remains or any Associated Funerary Objects.
(c) The provisions of this section shall not apply to:
(1) Any person acting in the course of medical, archaeological, educational or scientific study authorized by an accredited
educational institution or governmental entity; or
(2) A licensed mortician or other professional who transports human remains in the course of carrying out the individual's
professional duties and responsibilities.
(d) Nothing in this section shall be construed to interfere with the normal operation and maintenance of a public or private
cemetery including correction of improper burial siting, and, with the consent of any person who would qualify as an heir
of the deceased, moving the remains within a public or private cemetery.
Trading in human remains and Associated Funerary Objects is a class B misdemeanor.
70 Del. Laws, c. 50, § 1.;
§ 1334. [Reserved.]
§ 1335. Violation of privacy; class A misdemeanor; class G felony.
(a) A person is guilty of violation of privacy when, except as authorized by law, the person:
(1) Trespasses on property intending to subject anyone to eavesdropping or other surveillance in a private place; or
(2) Installs in any private place, without consent of the person or persons entitled to privacy there, any device for observing,
photographing, recording, amplifying or broadcasting sounds or events in that place; or
(3) Installs or uses outside a private place any device for hearing, recording, amplifying or broadcasting sounds originating
in that place which would not ordinarily be audible or comprehensible outside, without the consent of the person or persons
entitled to privacy there; or
(4) Intercepts without the consent of all parties thereto a message by telephone, telegraph, letter or other means of communicating
privately, including private conversation; or
(5) Divulges without the consent of the sender and the receiver the existence or contents of any message by telephone, telegraph,
letter or other means of communicating privately if the accused knows that the message was unlawfully intercepted or if the
accused learned of the message in the course of employment with an agency engaged in transmitting it.
(6) Tape records, photographs, films, videotapes or otherwise reproduces the image of another person who is getting dressed
or undressed or has that person's genitals, buttocks or her breasts exposed, without consent, in any place where persons normally
disrobe including but not limited to a fitting room, dressing room, locker room or bathroom, where there is a reasonable expectation
of privacy. This paragraph shall not apply to any acts done by a parent or guardian inside of that person's dwelling, or upon
that person's real property, when a subject of victim of such acts is intended to be any child of such parent or guardian
who has not yet reached that child's eighteenth birthday and whose primary residence is in or upon the dwelling or real property
of the parent or guardian, unless the acts done by the parent or guardian are intended to produce sexual gratification for
any person in which case this paragraph shall apply; or
(7) Secretly or surreptitiously videotapes, films, photographs or otherwise records another person under or through that person's
clothing for the purpose of viewing the body of or the undergarments worn by that other person; or
(8) Knowingly installs an electronic or mechanical location tracking device in or on a motor vehicle without the consent of
the registered owner, lessor or lessee of said vehicle. This paragraph shall not apply to the lawful use of an electronic
tracking device by a law enforcement officer, nor shall it apply to a parent or legal guardian who installs such a device
for the purpose of tracking the location of a minor child thereof.
(b) This section does not apply to:
(1) Overhearing of messages through a regularly installed instrument on a telephone party line or an extension or any other
regularly installed instrument or equipment; or
(2) Acts done by the telephone company or subscribers incident to the enforcement of telephone company regulations or subscriber
rules relating to the use of facilities; or
(3) Acts done by personnel of any telephone or telegraph carrier in the performance of their duties in connection with the
construction, maintenance or operation of a telephone or telegraph system; or
(4) The divulgence of the existence of any message in response to a subpoena issued by a court of competent jurisdiction or
a governmental body having subpoena powers; or
(5) Acts done by police officers as provided in §§ 1336 [Repealed] and 1431 of this title.
(c) Any violation of paragraph (a)(1), (a)(2), (a)(3), (a)(4), (a)(5) or (a)(8) of this section shall be a class A misdemeanor.
Any violation of paragraph (a)(6) or (a)(7) of this section shall be a class G felony.
11 Del. C. 1953, § 1335; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 180, §§ 1-3; 73 Del. Laws, c. 172, §§ 1, 2, 3; 75 Del. Laws, c. 341, §§ 1, 2.;
§ 1336. Wiretapping and electronic surveillance.
Repealed by 72 Del. Laws, c. 232, eff. July 23, 1999.
§ 1337. Definitions relating to riot, disorderly conduct and related offenses.
(a) "Private place" means a place where one may reasonably expect to be safe from casual or hostile intrusion or surveillance,
but does not include a place to which the public or a substantial group thereof has access.
(b) "Public place" means a place to which the public or a substantial group of persons has access and includes highways, transportation
facilities, schools, places of amusement, parks, playgrounds, prisons and hallways, lobbies and other portions of apartment
houses and hotels not constituting rooms or apartments designed for actual residence.
11 Del. C. 1953, § 1337; 58 Del. Laws, c. 497, § 1; 59 Del. Laws, c. 203, § 25.;
§ 1338. Bombs, incendiary devices, Molotov cocktails and explosive devices; class D felony.
(a) For purposes of this section the following definitions shall be made applicable:
(1) "Incendiary device" means any item designed to ignite by hand, chemical reaction or by spontaneous combustion and is not
designed for any lawful purpose or use whatsoever, or any lawful purpose or use has been or is terminated.
(2) "Molotov cocktail" means a makeshift incendiary bomb made of a breakable container filled with flammable liquid and provided
with a wick composed of any substance capable of bringing flame into contact with the liquid.
(b) Whoever manufactures, transfers, uses, possesses or transports any bomb, incendiary device, Molotov cocktail or device
designed to explode or produce uncontained combustion with intent to cause bodily harm or damage to any property or thing
shall be guilty of a class D felony.
(c) Any other provision of this Criminal Code notwithstanding, any person over 16 years old who violates this section shall
be prosecuted as an adult.
(d) In any prosecution under this section, it is prima facie evidence of intent to cause bodily harm or damage to any property
or thing if the accused had possession of the device prescribed by this section.
11 Del. C. 1953, § 1338; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8.;
§ 1339. Adulteration; class G felony; class E felony; class A felony.
(a) A person is guilty of adulteration when:
(1) The person adulterates any substance with the intent to cause death, physical injury or illness of a person;
(2) The person distributes, disseminates, gives, sells or otherwise transfers an adulterated substance with the intent to
cause death, physical injury or illness of a person knowing or having reason to know that the substance has been adulterated
as defined in subsection (b) of this section.
(b) "Adulteration" means the intentional adding of any substance, which has the capacity either acting alone or in conjunction
with the other substance to cause death, physical injury or illness by ingestion, injection, inhalation or absorption, to
another substance having a customary or reasonably foreseeable human use.
(c) Adulteration is a class G felony unless the adulteration actually causes physical injury or illness in which case it is
a class E felony, or causes death in which case it is a class A felony.
(d) This offense is a separate and distinct offense and shall not limit or restrict prosecution for murder or any other criminal
offense.
64 Del. Laws, c. 191, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1340. Desecration of burial place.
A person is guilty of desecration of a burial place if the person intentionally defaces, damages, pollutes or otherwise physically
mistreats any such burial place. Any person who desecrates a burial place is guilty of a class A misdemeanor and upon conviction
shall be fined not less than $1,000 nor more than $10,000.
65 Del. Laws, c. 463, § 2; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1341. Lewdness; class B misdemeanor.
A person is guilty of lewdness when the person does any lewd act in any public place or any lewd act which the person knows
is likely to be observed by others who would be affronted or alarmed.
Lewdness is a class B misdemeanor.
11 Del. C. 1953, § 1341; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1342. Prostitution; class B misdemeanor.
(a)(1) A person is guilty of prostitution when the person engages or agrees or offers to engage in sexual conduct with another
person in return for a fee.
(2) Prostitution is a class B misdemeanor.
(b)(1) Any person found guilty of an act of prostitution when such crime has occurred on or within 1,000 feet of the property
of any school, residence, church, synagogue or other place of worship shall be guilty of a class A misdemeanor. The minimum
mandatory fine shall be $500. This fine shall not be suspended.
(2) It shall not be a defense to prosecution for a violation of this section that the person was unaware that the prohibited
conduct took place on or within 1,000 feet of any school property, residence, church, synagogue or other place of worship.
11 Del. C. 1953, § 1342; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 319, § 1.;
§ 1343. Patronizing a prostitute prohibited.
(a) A person is guilty of patronizing a prostitute when:
(1) Pursuant to a prior agreement or understanding, the person pays a fee to another person as compensation for that person's
having engaged in sexual conduct with the person; or
(2) The person pays or agrees to pay a fee to another person pursuant to an agreement or understanding that in return therefor
that person or a third person will engage in sexual conduct with the person; or
(3) The person solicits or requests another person to engage in sexual conduct with the person in return for a fee.
(b) Patronizing a prostitute is a misdemeanor. The minimum mandatory fine shall be $500. This fine shall not be suspended.
(c) Whenever any vehicle, as defined in § 2321 of this title, has been used in, or in connection with, the offense of patronizing
a prostitute, it shall forthwith be seized and taken into custody by the peace officer or officers having knowledge of the
facts of such use.
(d) Vehicle seizure shall apply in the case of a defendant who has a previous conviction for the same offense in the previous
5 years. For the purpose of this section, "prior offense" shall be defined as a conviction of § 1343 of this title.
(e)(1) Any person found guilty of patronizing a prostitute and such crime has occurred on or within 1,000 feet of the property
of any school, residence, church, synagogue or other place of worship shall be guilty of a class A misdemeanor. The minimum
mandatory fine shall be $1,000. This fine shall not be suspended.
(2) It shall not be a defense to prosecution for a violation of this section that the person was unaware that the prohibited
conduct took place on or within 1,000 feet of any school property, residence, church, synagogue or other place of worship.
11 Del. C. 1953, § 1343; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 69 Del. Laws, c. 23, §§ 1, 2, 5, 6; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 319, § 2.;
§ 1344. Prostitution and patronizing a prostitute; no defense.
In any prosecution for prostitution it is no defense that the persons were of the same sex, or that the person who received,
agreed to receive or solicited a fee was a male and the person who paid, agreed or offered to pay the fee was a female.
11 Del. C. 1953, § 1344; 58 Del. Laws, c. 497, § 1.;
§ 1345. Screening for sexually transmissible diseases.
(a) Any person convicted under § 1342 or § 1343 of this title shall be ordered to undergo testing for sexually transmitted
diseases, abbreviated "STD", as designated by the Department of Health and Social Services in its rules and regulations.
(b) The result of any STD test conducted pursuant to this subsection shall not be a public record for purposes of Chapter
100 of Title 29.
(c) The result of any STD testing conducted pursuant to this section shall only be released by the Division of Public Health
to the defendant, the defendant's spouse and the court issuing the order for testing except as otherwise permitted under §
711 of Title 16.
(d) The cost of testing under this section shall be paid by the defendant tested unless the Court has determined that the
defendant is an indigent person.
(e) Filing of a notice of appeal shall not automatically stay an order that the defendant submit to STD testing.
75 Del. Laws, c. 319, § 4.;
§§ 1346-1350. [Reserved.]
§ 1351. Promoting prostitution in the third degree; class F felony.
A person is guilty of promoting prostitution in the third degree when the person knowingly advances or profits from prostitution.
Promoting prostitution in the third degree is a class F felony.
11 Del. C. 1953, § 1351; 58 Del. Laws, c. 497, § 1; 61 Del. Laws, c. 33, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1352. Promoting prostitution in the second degree; class E felony.
A person is guilty of promoting prostitution in the second degree when the person knowingly:
(1) Advances or profits from prostitution by managing, supervising, controlling or owning, either alone or in association
with others, a house of prostitution or a prostitution business or enterprise involving prostitution activity by 2 or more
prostitutes; or
(2) Advances or profits from prostitution of a person less than 18 years old.
Promoting prostitution in the second degree is a class E felony.
11 Del. C. 1953, § 1352; 58 Del. Laws, c. 497, § 1; 61 Del. Laws, c. 33, § 2; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1353. Promoting prostitution in the first degree; class C felony.
A person is guilty of promoting prostitution in the first degree when the person knowingly:
(1) Advances prostitution by compelling a person by force or intimidation to engage in prostitution or profits from such coercive
conduct by another; or
(2) Advances or profits from prostitution of a person less than 16 years old.
Promoting prostitution in the first degree is a class C felony.
11 Del. C. 1953, § 1353; 58 Del. Laws, c. 497, § 1; 61 Del. Laws, c. 33, § 3; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1354. Promoting prostitution; attempt to promote prostitution; corroboration.
A person shall not be convicted of promoting prostitution or of an attempt to promote prostitution solely on the uncorroborated
testimony of a person whose prostitution activity the person is alleged to have advanced or attempted to advance or from whose
prostitution activity the person is alleged to have profited or attempted to profit.
11 Del. C. 1953, § 1354; 58 Del. Laws, c. 497, § 1; 70 Del. Laws, c. 186, § 1.;
§ 1355. Permitting prostitution; class B misdemeanor.
A person is guilty of permitting prostitution when, having possession or control of premises which the person knows are being
used for prostitution purposes, the person fails to halt or abate such use within a reasonable period of time.
Permitting prostitution is a class B misdemeanor.
11 Del. C. 1953, § 1355; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1356. Definitions relating to prostitution.
As used in §§ 1342-1355 of this title:
(1) "Advance prostitution." -- A person advances prostitution when, acting other than as a prostitute or as a patron thereof,
the person knowingly causes or aids a person to commit or engage in prostitution, procures or solicits patrons for prostitution,
provides persons or premises for prostitution purposes, operates or assists in the operation of a house of prostitution or
a prostitution enterprise or engages in any other conduct designed to institute, aid or facilitate an act or enterprise of
prostitution.
(2) "Profit from prostitution." -- A person profits from prostitution when, acting other than as a prostitute receiving compensation
for personally rendered prostitution services, the person accepts or receives money or other property pursuant to an agreement
or understanding with any person whereby the person participates or is to participate in the proceeds of prostitution activity.
(3) "School" means any preschool, kindergarten, elementary school, secondary school, vocational technical school or any other
institution which has as its primary purpose the education or instruction of children under 18 years of age.
(4) "Sexual conduct" means any act designed to produce sexual gratification to either party. It is not limited to intercourse
or deviate sexual intercourse.
11 Del. C. 1953, § 1356; 58 Del. Laws, c. 497, § 1; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 319, § 3.;
§§ 1357-1360. [Reserved.]
§ 1361. Obscenity; acts constituting; class E felony or class G felony; subsequent violations.
(a) A person is guilty of obscenity when the person knowingly:
(1) Sells, delivers or provides any obscene picture, videotape, video game, writing, record, audio cassette tape, compact
disc or other representation or embodiment of the obscene;
(2) Presents or directs an obscene play, dance or performance or participates in that portion thereof which makes it obscene;
(3) Publishes, exhibits or otherwise makes available any obscene material;
(4) Possesses any obscene material for purposes of sale or other commercial dissemination; or
(5) Permits a person under the age of 12 to be on the premises where material harmful to minors, as defined by 11 Del. C.
§ 1365, is either sold or made available for commercial distribution and which material is readily accessible to or easily
viewed by such minors. Any material covered by this paragraph shall not be considered readily accessible to or easily viewed
by minors if it has been placed or otherwise located 5 feet or more above the floor of the subject premises or if the material
is concealed so that no more than the top 3 inches is visible to the passerby.
(b) Obscenity is a class E felony if a person sells, delivers or provides any obscene picture, videotape, video game, writing,
record, audio cassette tape, compact disc or other representation or embodiment of the obscene to a person under the age of
18. In all other cases, obscenity is a class G felony. In addition to the above penalties, upon conviction of obscenity involving
live conduct as defined in § 1364 of this title, the court shall order the business or establishment which presented, displayed
or exhibited such conduct closed for a period of 6 months.
(c) Notwithstanding Chapter 42 of this title, the minimum sentence for a subsequent violation of this section occurring within
5 years of a former conviction shall be a fine in the amount of $5,000, imprisonment for a minimum period of 9 months, no
portion which may be suspended or reduced, and probation for a period of 2 years; provided, however, that where the defendant
is an organization, the fine shall be $10,000. In addition to the above penalties, upon conviction of obscenity involving
conduct as defined in § 1364 of this title, the court shall order the business or establishment which presented, displayed
or exhibited such conduct closed for a period of 2 years.
(d) Where the criminality of conduct depends on a child being under the age of 12, paragraph (a)(5) of this section, or under
the age of 18, subsection (b) of this section, it is no defense that the actor did not know the child's age.
11 Del. C. 1953, § 1361; 58 Del. Laws, c. 497, § 1; 60 Del. Laws, c. 445, § 1; 61 Del. Laws, c. 121, § 1; 63 Del. Laws, c. 111, §§ 1-3; 67 Del. Laws, c. 130, &
(1) The person intentionally causes public inconvenience, annoyance or alarm to any other person, or creates a risk thereof
by:
a. Engaging in fighting or in violent, tumultuous or threatening behavior; or
b. Making an unreasonable noise or an offensively coarse utterance, gesture or display, or addressing abusive language to
any person present; or
c. Disturbing any lawful assembly or meeting of persons without lawful authority; or
d. Obstructing vehicular or pedestrian traffic; or
e. Congregating with other persons in a public place and refusing to comply with a lawful order of the police to disperse;
or
f. Creating a hazardous or physically offensive condition which serves no legitimate purpose; or
g. Congregating with other persons in a public place while wearing masks, hoods or other garments rendering their faces unrecognizable,
for the purpose of and in a manner likely to imminently subject any person to the deprivation of any rights, privileges or
immunities secured by the Constitution or laws of the United States of America.
(2) The person engages with at least 1 other person in a course of disorderly conduct as defined in paragraph (1) of this
section which is likely to cause substantial harm or serious inconvenience, annoyance or alarm, and refuses or knowingly fails
to obey an order to disperse made by a peace officer to the participants.
Disorderly conduct is an unclassified misdemeanor.
11 Del. C. 1953, § 1301; 58 Del. Laws, c. 497, § 1; 59 Del. Laws, c. 203, §§ 23, 24; 63 Del. Laws, c. 305, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1302. Riot; class F felony.
A person is guilty of riot when the person participates with 2 or more persons in a course of disorderly conduct:
(1) With intent to commit or facilitate the commission of a felony or misdemeanor; or
(2) With intent to prevent or coerce official action; or
(3) When the accused or any other participant to the knowledge of the accused uses or plans to use a firearm or other deadly
weapon.
Any other provision of this Criminal Code notwithstanding, whoever violates this section shall be guilty of a class F felony.
Any other provision of this Criminal Code or Title 10 notwithstanding, any person over 16 years old who violates this section
shall be prosecuted as an adult.
11 Del. C. 1953, § 1302; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1303. Disorderly conduct; funeral or memorial service.
(a) A person shall not do any of the following within 300 feet of the building or other location where a funeral or memorial
service is being conducted, or within 1,000 feet of a funeral procession or burial:
(1) Direct abusive epithets or make any threatening gesture which the person knows or reasonably should know is likely to
provoke a violent reaction by another.
(2) Disturb or disrupt the funeral, memorial service, funeral procession, or burial by conduct intended to disturb or disrupt
the funeral, memorial service, funeral procession or burial.
(b) This section applies to conduct within 1 hour preceding, during and within 2 hours after a funeral, memorial service,
funeral procession or burial.
(c) A person who commits a violation of this section commits:
(1) A class A misdemeanor for a first offense.
(2) A class F felony for a second or subsequent offense.
(d) This section shall not preclude any county or municipality from legislating and enforcing its own more restrictive law
in this regard.
75 Del. Laws, c. 271, § 1.;
§ 1304. Hate crimes; class A misdemeanor, class G felony, class F felony, class E felony, class D felony, class C felony,
class B felony, class A felony.
(a) Any person who commits, or attempts to commit, any crime as defined by the laws of this State, and who intentionally:
(1) Commits said crime for the purpose of interfering with the victim's free exercise or enjoyment of any right, privilege
or immunity protected by the First Amendment to the United States Constitution, or commits said crime because the victim has
exercised or enjoyed said rights; or
(2) Selects the victim because of the victim's race, religion, color, disability, sexual orientation, national origin or ancestry,
shall be guilty of a hate crime. For purposes of this section, the term "sexual orientation" means heterosexuality, bisexuality,
or homosexuality.
(b) Hate crimes shall be punished as follows:
(1) If the underlying offense is a violation or unclassified misdemeanor, the hate crime shall be a class A misdemeanor;
(2) If the underlying offense is a class A, B, or C misdemeanor, the hate crime shall be a class G felony;
(3) If the underlying offense is a class C, D, E, F, or G felony, the hate crime shall be one grade higher than the underlying
offense;
(4) If the underlying offense is a class A or B felony, the hate crime shall be the same grade as the underlying offense,
and the minimum sentence of imprisonment required for the underlying offense shall be doubled.
70 Del. Laws, c. 138, § 1; 70 Del. Laws c. 186, § 1; 71 Del. Laws, c. 175, §§ 1, 2.;
§§ 1305-1310. [Reserved.]
§ 1311. Harassment; class A misdemeanor.
(a) A person is guilty of harassment when, with intent to harass, annoy or alarm another person:
(1) That person insults, taunts or challenges another person or engages in any other course of alarming or distressing conduct
which serves no legitimate purpose and is in a manner which the person knows is likely to provoke a violent or disorderly
response or cause a reasonable person to suffer fear, alarm, or distress;
(2) Communicates with a person by telephone, telegraph, mail or any other form of written or electronic communication in a
manner which the person knows is likely to cause annoyance or alarm including, but not limited to, intrastate telephone calls
initiated by vendors for the purpose of selling goods or services;
(3) Knowingly permits any telephone under that person's control to be used for a purpose prohibited by this section;
(4) In the course of a telephone call that person uses obscene language or language suggesting that the recipient of the call
engage with that person or another person in sexual relations of any sort, knowing that the person is thereby likely to cause
annoyance or alarm to the recipient of the call; or
(5) Makes repeated or anonymous telephone calls to another person whether or not conversation ensues, knowing that person
is thereby likely to cause annoyance or alarm.
(b) Harassment is a class A misdemeanor.
11 Del. C. 1953, § 1311; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 316, § 3; 74 Del. Laws, c. 362, § 1; 76 Del. Laws, c. 343, §§ 1, 2.;
§ 1312. Stalking; class G felony, class F felony, class C felony.
(a) A person is guilty of stalking when the person knowingly engages in a course of conduct directed at a specific person
and that conduct would cause a reasonable person to:
(1) Fear physical injury to himself or herself or that of another person; or
(2) Suffer other significant mental anguish or distress that may, but does not necessarily, require medical or other professional
treatment or counseling.
(b) A violation of subsection (a) of this section is a class G felony.
(c) Stalking is a class F felony if a person is guilty of stalking and 1 or more of the following exists:
(1) The person is age 21 or older and the victim is under the age of 14; or
(2) The person violated any order prohibiting contact with the victim; or
(3) The victim is age 62 years of age or older; or
(4) The course of conduct includes a threat of death or threat of serious physical injury to the victim, or to another person;
or
(5) The person causes physical injury to the victim.
(d) Stalking is a class C felony if the person is guilty of stalking and 1 or more of the following exists:
(1) The person possesses a deadly weapon during any act; or
(2) The person causes serious physical injury to the victim.
(e) Definitions. -- The following terms shall have the following meaning as used in this section:
(1) "Course of conduct" means 3 or more separate incidents, including, but not limited to, acts in which the person directly,
indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveys, threatens,
or communicates to or about another, or interferes with, jeopardizes, damages, or disrupts another's daily activities, property,
employment, business, career, education, or medical care. A conviction is not required for any predicate act relied upon to
establish a course of conduct. A conviction for any predicate act relied upon to establish a course of conduct does not preclude
prosecution under this section. Prosecution under this section does not preclude prosecution under any other section of the
Code.
(2) "A reasonable person" means a reasonable person in the victim's circumstances.
(f) Notwithstanding any contrary provision of § 4205 of this title, any person who commits the crime of stalking by engaging
in a course of conduct which includes any act or acts which have previously been prohibited by a then-existing court order
or sentence shall receive a minimum sentence of 6 months incarceration at Level V. The first 6 months of said period of incarceration
shall not be subject to suspension.
(g) Notwithstanding any contrary provision of § 4205 of this title, any person who is convicted of stalking within 5 years
of a prior conviction of stalking shall receive a minimum sentence of 1 year incarceration at Level V. The first year of said
period of incarceration shall not be subject to suspension.
(h) In any prosecution under this law, it shall not be a defense that the perpetrator was not given actual notice that the
course of conduct was unwanted; or that the perpetrator did not intend to cause the victim fear or other emotional distress.
(i) In any prosecution under this section, it is an affirmative defense that the person charged was engaged in lawful picketing.
(j) This section shall not apply to conduct which occurs in furtherance of legitimate activities of law-enforcement, private
investigators, security officers or private detectives as those activities are defined in Chapter 13 of Title 24.
68 Del. Laws, c. 250, § 1; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 316, § 1; 74 Del. Laws, c. 116, §§ 1, 2; 76 Del. Laws, c. 343, § 4.;
§ 1312A. Stalking; class F felony.
Transferred by 76 Del. Laws, c. 343, § 4, eff. Oct. 14, 2008, to § 1312 of this title.
§ 1313. Malicious interference with emergency communications; class B misdemeanor.
(a) As used in this section:
(1) "Emergency communication" means any telephone call or any other form of communication made, transmitted or facilitated
by radio, computer or any other electronic device which is intended by its maker to provide warning or information pertaining
to any crime, fire, accident, disaster or risk of injury or damage to any person or property.
(2) "Emergency communications center" means any public or private facility or entity which accepts emergency communications
for the purpose of notifying, dispatching, directing or coordinating law enforcement, fire, medical, paramedic, ambulance,
utility or other public safety personnel.
(b) A person is guilty of malicious interference with emergency communications when the person:
(1) Intentionally prevents or hinders the initiation, making or completion of an emergency communication by another person;
or
(2) Intentionally initiates or makes repeated nonemergency communications to any 911 or other emergency communications center,
knowing it was thereby likely that the operations of such emergency communications center would be disrupted.
11 Del. C. 1953, § 1313; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 73 Del. Laws, c. 87, § 2.;
§ 1314. [Reserved.]
§ 1315. Public intoxication; unclassified misdemeanor; violation.
A person is guilty of public intoxication when the person appears in a public place manifestly under the influence of alcohol
or narcotics or any other drug not administered or prescribed to be taken by a physician, to the degree that the person may
be in danger or endanger other persons or property, or annoy persons in the vicinity.
Public intoxication is a violation, unless the accused has been convicted of public intoxication twice before within 1 year,
in which case the offense is an unclassified misdemeanor.
11 Del. C. 1953, § 1315; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1316. Registration of out-of-state liquor agents; violation.
(a) In order to promote and protect the public safety and the peace of the community, by reason of the presence of many persons
engaged in the enforcement of the laws of other states, any agent, employee, or representative of another state shall register
with the Delaware Alcoholic Beverage and Tobacco Enforcement not less than 30 days in advance of each entry into a county
for the purpose of observing any alcoholic beverage sales.
(b) At the time of registration the person shall provide the following information:
(1) A written statement setting forth the identity of the out-of-state official;
(2) The purpose of the intended entry into the county;
(3) The make, model and license number of each and every vehicle to be used in the conduct of any surveillance activity;
(4) The specific establishments at which surveillance will be conducted; and
(5) The specific times for surveillance of each establishment.
(c) Any person who registers shall be issued a certificate of registration which must be retained in the possession of the
person during all investigative or surveillance activities.
(d) Any person who fails to register as required by this section, or who having registered violates any provision of this
section, shall lose the right to register or the person's registration, as the case may be, for a period of 6 months.
(e) Any person who, during the period imposed by subsection (d) of this section, violates this section is guilty of a violation.
(f) Upon written request, the Delaware Alcoholic Beverage and Tobacco Enforcement shall release the information regarding
agencies and officers who have registered under this section.
69 Del. Laws, c. 275, § 1; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 74.;
§§ 1317-1319. [Reserved.]
§ 1320. Loitering on property of a state-supported school, college or university; violation.
A person is guilty of loitering on property of a state-supported school, college or university when the person loiters or
remains in or about the buildings or grounds of a school, college or university supported in whole or in part with state funds,
not having any reason or relationship involving custody of or responsibility for a pupil or student, or any other specific,
legitimate reason for being there, and not having written permission from anyone authorized to grant the same.
Any law-enforcement officer, state official or employee, the owner or occupier of such lands or property, an agent or employee
of such persons, or any other person or persons whom they may call to their assistance, may arrest such loiterer, either with
or without warrant, either upon the premises or in immediate flight therefrom and, if with warrant, then at any place.
Loitering on property of a state-supported school, college or university is a violation.
11 Del. C. 1953, § 1320; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1321. Loitering; violation.
A person is guilty of loitering when:
(1) The person fails or refuses to move on when lawfully ordered to do so by any police officer; or
(2) The person stands, sits idling or loiters upon any pavement, sidewalk or crosswalk, or stands or sits in a group or congregates
with others on any pavement, sidewalk, crosswalk or doorstep, in any street or way open to the public in this State so as
to obstruct or hinder the free and convenient passage of persons walking, riding or driving over or along such pavement, walk,
street or way, and fails to make way, remove or pass, after reasonable request from any person; or
(3) The person loiters or remains in or about a school building or grounds, not having reason or relationship involving custody
of or responsibility for a pupil or any other specific or legitimate reason for being there, unless the person has written
permission from the principal; or
(4) The person loiters, remains or wanders about in a public place for the purpose of begging; or
(5) The person loiters or remains in a public place for the purpose of engaging or soliciting another person to engage in
sexual intercourse or deviate sexual intercourse; or
(6) The person loiters, congregates with others or prowls in a place at a time or in a manner not usual for law-abiding individuals
under circumstances that warrant alarm for the safety of persons or property in the vicinity, especially in light of the crime
rate in the relevant area. Unless flight by the accused or other circumstances make it impracticable, a peace officer shall,
prior to any arrest for an offense under this subdivision, afford the accused an opportunity to dispel any alarm which would
otherwise be warranted, by requesting identification and an explanation of the person's presence and conduct. No person shall
be convicted of an offense under this subdivision if the peace officer did not comply with the preceding sentence, or if it
appears that the explanation given by the accused was true and, if believed by the peace officer at the time, would have dispelled
the alarm.
Loitering is a violation.
11 Del. C. 1953, § 1321; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 113, § 1; 70 Del. Laws, c. 186, § 1.;
(1) By conduct either unlawful in itself or unreasonable under all the circumstances, the person knowingly or recklessly creates
or maintains a condition which endangers the safety or health of others; or
(2) The person knowingly conducts or maintains any premises, place or resort where persons gather for purposes of engaging
in unlawful conduct.
Criminal nuisance is an unclassified misdemeanor.
11 Del. C. 1953, § 1322; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1323. Obstructing public passages; violation.
A person is guilty of obstructing public passages when alone or with other persons and having no legal privilege to do so,
the person intentionally or recklessly renders any public passage unreasonably inconvenient or hazardous to use, or the person
wilfully enters upon or tampers with or obstructs any public utility right-of-way.
Obstructing a public passage is a violation.
11 Del. C. 1953, § 1323; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1324. Obstructing ingress to or egress from public buildings; unclassified misdemeanor.
A person is guilty of obstructing ingress to or egress from public buildings when the person knowingly prevents any person
from passing through any entrance or exit to a public building, except that this section shall not apply to lawful picketing
or to picketing for any lawful union objective.
Obstructing ingress to or egress from public buildings is an unclassified misdemeanor.
11 Del. C. 1953, § 1324; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1325. Cruelty to animals; class A misdemeanor; class F felony.
(a) For the purpose of this section, the following words and phrases shall include, but not be limited to, the meanings respectively
ascribed to them as follows:
(1) "Abandonment" includes completely forsaking or deserting an animal originally under one's custody without making reasonable
arrangements for custody of that animal to be assumed by another person.
(2) "Animal" shall not include fish, crustacea or molluska.
(3) "Cruel" includes every act or omission to act whereby unnecessary or unjustifiable physical pain or suffering is caused
or permitted.
(4) "Cruel mistreatment" includes any treatment whereby unnecessary or unjustifiable physical pain or suffering is caused
or permitted.
(5) "Cruel neglect" includes neglect of an animal, which is under the care and control of the neglector, whereby pain or suffering
is caused to the animal or abandonment of any domesticated animal by its owner or custodian. By way of example, cruel neglect
shall also include allowing an animal to live in unsanitary conditions, such as keeping an animal where the animal's own excrement
is not removed from the animal's living area and/or other living conditions which are injurious to the animal's health.
(6) "Cruelty to animals" includes mistreatment of any animal or neglect of any animal under the care and control of the neglector,
whereby unnecessary or unjustifiable physical pain or suffering is caused. By way of example this includes: Unjustifiable
beating of an animal; overworking an animal; tormenting an animal; abandonment of an animal; failure to feed properly or give
proper shelter or veterinary care to an animal.
(7) "Custody" includes the responsibility for the welfare of an animal subject to one's care and control whether one owns
it or not.
(8) "Person" includes any individual, partnership, corporation or association living and/or doing business in the State.
(9) "Proper feed" includes providing each animal with daily food and water of sufficient quality and quantity to prevent unnecessary
or unjustifiable physical pain or suffering by the animal.
(10) "Proper shelter" includes providing each animal with adequate shelter from the weather elements as required to prevent
unnecessary or unjustifiable physical pain or suffering by the animal.
(11) "Proper veterinary care" includes providing each animal with veterinary care sufficient to prevent unnecessary or unjustifiable
physical pain or suffering by the animal.
(12) "Serious injury" shall include any injury to any animal which creates a substantial risk of death, or which causes prolonged
impairment of health or prolonged loss or impairment of the function of any bodily organ.
(b) A person is guilty of cruelty to animals when the person intentionally or recklessly:
(1) Subjects any animal to cruel mistreatment; or
(2) Subjects any animal in the person's custody to cruel neglect; or
(3) Kills or injures any animal belonging to another person without legal privilege or consent of the owner; or
(4) Cruelly or unnecessarily kills or injures any animal whether belonging to the actor or another. This section does not
apply to the killing of any animal normally or commonly raised as food for human consumption, provided that such killing is
not cruel. A person acts unnecessarily if the act is not required to terminate an animal's suffering, to protect the life
or property of the actor or another person or if other means of disposing of an animal exist which would not impair the health
or well-being of that animal; or
(5) Captures, detains, transports, removes or delivers any animal known to be a domestic farm animal, pet or companion animal,
or any other animal of scientific, environmental, economic or cultural value, under false pretenses to any public or private
animal shelter, veterinary clinic or other facility, or otherwise causes the same through acts of deception or misrepresentation
of the circumstances and disposition of any such animal.
Paragraphs (1), (2) and (4) of this subsection are inapplicable to accepted veterinary practices and activities carried on
for scientific research.
Cruelty to animals is a class A misdemeanor, unless the person intentionally kills or causes serious injury to any animal
in violation of paragraph (4) of this subsection or unless the animal is killed or seriously injured as a result of any action
prohibited by paragraph (5) of this section, in which case it is a class F felony.
(c) Any person convicted of a misdemeanor violation of this section shall be prohibited from owning or possessing any animal
for 5 years after said conviction, except for animals grown, raised or produced within the State for resale, or for sale of
a product thereof, where the person has all necessary licenses for such sale or resale, and receives at least 25 percent of
the person's annual gross income from such sale or resale. Any person convicted of a second or subsequent misdemeanor violation
of this section shall be prohibited from owning or possessing any animal for 5 years after said conviction without exception.
A violation of this subsection is subject to a fine in the amount of $1,000 in any court of competent jurisdiction and to
forfeiture of any animal illegally owned in accordance with the provisions of 3 Del. C. § 7904.
(d) Any person convicted of a felony violation of this section shall be prohibited from owning or possessing any animal for
15 years after said conviction, except for animals grown, raised or produced within the State for resale, or for sale of a
product thereof, where the person has all necessary licenses for such sale or resale, and receives at least 25 percent of
the person's annual gross income from such sale or resale. Any person convicted of a second or subsequent felony violation
of this section shall be prohibited from owning or possessing any animal for 15 years after said conviction without exception.
A violation of this subsection is subject to a fine in the amount of $5,000 in any court of competent jurisdiction and to
forfeiture of any animal illegally owned in accordance with the provisions of 3 Del. C. § 7904.
(e) Any agent of the Delaware Society for the Prevention of Cruelty to Animals, or, in Kent County of this State, of the Kent
County Society for the Prevention of Cruelty to Animals, may impound an animal owned or possessed in apparent violation of
this section, consistent with 3 Del. C. § 7904.
(f) This section shall not apply to the lawful hunting or trapping of animals as provided by law.
11 Del. C. 1953, § 1325; 58 Del. Laws, c. 497, § 1; 62 Del. Laws, c. 71, §§ 1, 2; 63 Del. Laws, c. 260, § 1; 64 Del. Laws, c. 196, §§ 1-3; 67 Del. Laws, c. 130, § 8; 69 Del. Laws, c. 280, §§ 1, 2; 70 Del. Laws, c. 60, § 1; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 75, § 1; 73 Del. Laws, c. 182, §§ 1, 2; 73 Del. Laws, c. 238, §§ 1, 2.;
§ 1325A. The unlawful trade in dog or cat by-products; class B misdemeanor; class A misdemeanor, penalties.
(a)(1) A person is guilty of the unlawful trade in dog or cat by-products in the 2nd degree if the person knowingly or recklessly
sells, barters or offers for sale or barter, the fur or hair of a domestic dog or cat or any product made in whole or in part
from the fur or hair of a domestic dog or cat.
(2) This subsection shall not apply to the sale or barter, or offering for sale or barter, of the fur or hair of a domestic
dog or cat which has been cut at a commercial grooming establishment, or at a veterinary office or clinic, or for scientific
research purposes.
(3) The unlawful trade in dog or cat by-products in the 2nd degree is a class B misdemeanor.
(b)(1) A person is guilty of the unlawful trade in dog or cat by-products in the 1st degree if the person knowingly or recklessly
sells, barters or offers for sale or barter, the flesh of a domestic dog or cat or any product made in whole or in part from
the flesh of a domestic dog or cat.
(2) The unlawful trade in dog or cat by-products in the first degree is a class A misdemeanor.
(c) In addition to any other penalty provided by law, any person convicted of a violation of this section shall be:
(1) Prohibited from owning or possessing any domestic dog or cat for 15 years after said conviction, except for those grown,
raised or produced within the State for resale, where the person has all necessary licenses for such sale or resale, and receives
at least 25 percent of the person's annual gross income from such sale or resale;
(2) Subject to a fine in the amount of $2,500 in any court of competent jurisdiction; and
(3) Required to forfeit any domestic dog or cat illegally owned in accordance with the provisions of Chapter 79 of Title 3.
(d) For the purposes of this section, the term "domestic dog or cat" means a dog (Canis familiaris) or cat (Felis catus or
Felis domesticus) that is generally recognized in the United States as being a household pet and shall not include coyote,
fox, lynx, bobcat or any other wild or commercially raised canine or feline species the fur or hair of which is recognized
for use in warm clothing and outer wear by the United States Department of Agriculture and which species is not recognized
as an endangered or threatened species by the United States Fish and Wild Life Service or the Delaware Department of Natural
Resources and Environmental Control.
72 Del. Laws, c. 391, § 1.;
§ 1326. Animals; fighting and baiting prohibited; class E felony.
(a) A person who owns, possesses, keeps, trains, or uses a bull, bear, dog, cock, or other animal or fowl for the purpose
of fighting or baiting; or a person who is a party to or who causes the fighting or baiting of a bull, bear, dog, cock, or
other animal or fowl; or a person who rents or otherwise obtains the use of a building, shed, room, yard, ground, or premises
for the purpose of fighting or baiting an animal or fowl; or a person who knowingly suffers or permits the use of a building,
shed, room, yard, ground, or premises belonging to the person, or that is under the person's control, for any of the purposes
described in this section, is guilty of a class E felony.
(b) A person who is present at a building, shed, room, yard, ground, or premises where preparations are being made for an
exhibition prohibited by subsection (a) of this section, and who knows that the exhibition is taking place or is about to
take place, is guilty of a class F felony.
(c) A person who gambles on the outcome of an exhibition prohibited by subsection (a) of this section is guilty of a class
F felony.
(d) All animals, equipment, devices, and money involved in a violation of this section must be forfeited to the State. Animals
so forfeited must be disposed of in a humane manner.
(e) Prosecution for any offense under this section may not be commenced after 5 years from the commission of the offense.
(f) A person convicted of a violation of this section is prohibited from owning or possessing any animal or fowl for 15 years
after conviction.
(g) A fine issued as a result of a violation of this section may not be suspended.
(h) In addition to the penalties provided under this section, the court may require a person convicted of violating this section
to attend and participate in an appropriate treatment program or to obtain appropriate psychiatric or psychological counseling,
or both. The court may impose the costs of any treatment program or counseling upon the person convicted.
66 Del. Laws, c. 369, § 2; 67 Del. Laws, c. 130, § 8; 67 Del. Laws, c. 350, §§ 34, 35; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 417, § 1; 73 Del. Laws, c. 238, §§ 3-5; 73 Del. Laws, c. 411, § 1; 76 Del. Laws, c. 259, §§ 1-3; 77 Del. Laws, c. 264, § 1.;
§ 1327. Maintaining a dangerous animal; class E felony; class F felony; class A misdemeanor.
(a) A person is guilty of maintaining a dangerous animal when such person knowingly or recklessly owns, controls or has custody
over any dangerous animal which causes death, serious physical injury or physical injury to another person or which causes
death or serious injury to another animal.
(b) For the purposes of this section, "dangerous animal" means any dog or other animal which:
(1) Had been declared dangerous or potentially dangerous by the Dog Control Panel pursuant to subchapter III of Chapter 17
of Title 7;
(2) Had been trained for animal fighting, or that has been used primarily or occasionally for animal fighting;
(3) Had been intentionally trained so as to increase its viciousness, dangerousness or potential for unprovoked attacks upon
human beings or other animals; or
(4) Has an individualized and known propensity, tendency or disposition, specific to the individual dog, for viciousness,
dangerousness or unprovoked attacks upon human beings or other animals.
(c) Maintaining a dangerous animal shall be punished as follows:
(1) When a dangerous animal causes the death of a person, maintaining a dangerous animal is a class E felony;
(2) When a dangerous animal causes serious physical injury to a person, maintaining a dangerous animal is a class F felony;
(3) When a dangerous animal causes physical injury to a person or when a dangerous animal causes death or physical injury
to another animal, maintaining a dangerous animal is a class A misdemeanor.
(d) This section shall not apply to any dog or other animal trained or owned or used by any law enforcement agency or any
person, company, agency or entity licensed pursuant to Chapter 13 of Title 24.
(e) In any prosecution under this section it shall be an affirmative defense that at the time of the attack during which physical
injury, serious physical injury or death was inflicted upon a person:
(1) The victim of the attack was in the course of committing criminal trespass or any violent felony as set forth in this
title or was attempting to commit criminal trespass or said violent felony;
(2) The victim had provoked the attack by committing cruelty to animals as defined in § 1325 of this title upon said dangerous
animal or by inflicting physical injury upon said dangerous animal; or
(3) The owner or custodian of the dangerous animal was in full compliance with the applicable provisions of subchapter III
of Chapter 17 of Title 7, including the requirements pertaining to confinement, restraint and muzzling.
(f) In any prosecution under this section it shall be an affirmative defense that at the time of the attack during which physical
injury or death was inflicted upon an animal:
(1) The animal which was injured or killed had entered onto the real property of the owner or custodian of the dangerous animal
without permission;
(2) The animal which was injured or killed had provoked the attack by menacing, biting or attacking the dangerous animal or
its owner or custodian; or
(3) The owner or custodian of the dangerous animal was in full compliance with the applicable provisions of subchapter III
of Chapter 17 of Title 7, including the requirements pertaining to confinement, restraint and muzzling.
73 Del. Laws, c. 411, § 2.;
§§ 1328, 1329. [Reserved.]
§ 1330. Smoking on trolleys and buses.
(a) Whoever in any trackless trolley coach, or gasoline or diesel-engine-propelled bus being used as a public conveyance for
carrying passengers within this State, smokes or carries a lighted cigarette, cigar or pipe shall be fined not less than $5
nor more than $25.
(b) Justices of the peace shall have jurisdiction of offenses under this section.
60 Del. Laws, c. 66, § 1; 66 Del. Laws, c. 369, § 2; 73 Del. Laws, c. 411, § 2.;
§ 1331. Desecration; class A misdemeanor.
A person is guilty of desecration if the person intentionally defaces, damages, pollutes or otherwise physically mistreats
any public monument or structure, any place of worship, the national flag or any other object of veneration by the public
or a substantial segment thereof, in a public place and in a way in which the actor knows will outrage the sensibilities of
persons likely to observe or discover the actions.
Desecration is a class A misdemeanor.
11 Del. C. 1953, § 1331; 58 Del. Laws, c. 497, § 1; 65 Del. Laws, c. 463, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1332. Abusing a corpse; class A misdemeanor.
A person is guilty of abusing a corpse when, except as authorized by law, the person treats a corpse in a way that a reasonable
person knows would outrage ordinary family sensibilities.
Abusing a corpse is a class A misdemeanor.
11 Del. C. 1953, § 1332; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1333. Trading in human remains and Associated Funerary Objects.
(a) As used in this section:
(1) "Associated Funerary Objects" means an item of human manufacture or use that is intentionally placed with human remains
at the time of interment in a burial site or later as a part of a death rite or ceremony of a culture, religion or group.
"Associated Funerary Object" includes any gravestone, monument, tomb or other structure in or directly associated with a burial
site.
(b) A person is guilty of trading in human remains and Associated Funerary Objects when the person knowingly sells, buys or
transports for sale or profit, or offers to buy, sell or transport for sale or profit, within this State, any unlawfully removed
human remains or any Associated Funerary Objects.
(c) The provisions of this section shall not apply to:
(1) Any person acting in the course of medical, archaeological, educational or scientific study authorized by an accredited
educational institution or governmental entity; or
(2) A licensed mortician or other professional who transports human remains in the course of carrying out the individual's
professional duties and responsibilities.
(d) Nothing in this section shall be construed to interfere with the normal operation and maintenance of a public or private
cemetery including correction of improper burial siting, and, with the consent of any person who would qualify as an heir
of the deceased, moving the remains within a public or private cemetery.
Trading in human remains and Associated Funerary Objects is a class B misdemeanor.
70 Del. Laws, c. 50, § 1.;
§ 1334. [Reserved.]
§ 1335. Violation of privacy; class A misdemeanor; class G felony.
(a) A person is guilty of violation of privacy when, except as authorized by law, the person:
(1) Trespasses on property intending to subject anyone to eavesdropping or other surveillance in a private place; or
(2) Installs in any private place, without consent of the person or persons entitled to privacy there, any device for observing,
photographing, recording, amplifying or broadcasting sounds or events in that place; or
(3) Installs or uses outside a private place any device for hearing, recording, amplifying or broadcasting sounds originating
in that place which would not ordinarily be audible or comprehensible outside, without the consent of the person or persons
entitled to privacy there; or
(4) Intercepts without the consent of all parties thereto a message by telephone, telegraph, letter or other means of communicating
privately, including private conversation; or
(5) Divulges without the consent of the sender and the receiver the existence or contents of any message by telephone, telegraph,
letter or other means of communicating privately if the accused knows that the message was unlawfully intercepted or if the
accused learned of the message in the course of employment with an agency engaged in transmitting it.
(6) Tape records, photographs, films, videotapes or otherwise reproduces the image of another person who is getting dressed
or undressed or has that person's genitals, buttocks or her breasts exposed, without consent, in any place where persons normally
disrobe including but not limited to a fitting room, dressing room, locker room or bathroom, where there is a reasonable expectation
of privacy. This paragraph shall not apply to any acts done by a parent or guardian inside of that person's dwelling, or upon
that person's real property, when a subject of victim of such acts is intended to be any child of such parent or guardian
who has not yet reached that child's eighteenth birthday and whose primary residence is in or upon the dwelling or real property
of the parent or guardian, unless the acts done by the parent or guardian are intended to produce sexual gratification for
any person in which case this paragraph shall apply; or
(7) Secretly or surreptitiously videotapes, films, photographs or otherwise records another person under or through that person's
clothing for the purpose of viewing the body of or the undergarments worn by that other person; or
(8) Knowingly installs an electronic or mechanical location tracking device in or on a motor vehicle without the consent of
the registered owner, lessor or lessee of said vehicle. This paragraph shall not apply to the lawful use of an electronic
tracking device by a law enforcement officer, nor shall it apply to a parent or legal guardian who installs such a device
for the purpose of tracking the location of a minor child thereof.
(b) This section does not apply to:
(1) Overhearing of messages through a regularly installed instrument on a telephone party line or an extension or any other
regularly installed instrument or equipment; or
(2) Acts done by the telephone company or subscribers incident to the enforcement of telephone company regulations or subscriber
rules relating to the use of facilities; or
(3) Acts done by personnel of any telephone or telegraph carrier in the performance of their duties in connection with the
construction, maintenance or operation of a telephone or telegraph system; or
(4) The divulgence of the existence of any message in response to a subpoena issued by a court of competent jurisdiction or
a governmental body having subpoena powers; or
(5) Acts done by police officers as provided in §§ 1336 [Repealed] and 1431 of this title.
(c) Any violation of paragraph (a)(1), (a)(2), (a)(3), (a)(4), (a)(5) or (a)(8) of this section shall be a class A misdemeanor.
Any violation of paragraph (a)(6) or (a)(7) of this section shall be a class G felony.
11 Del. C. 1953, § 1335; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 180, §§ 1-3; 73 Del. Laws, c. 172, §§ 1, 2, 3; 75 Del. Laws, c. 341, §§ 1, 2.;
§ 1336. Wiretapping and electronic surveillance.
Repealed by 72 Del. Laws, c. 232, eff. July 23, 1999.
§ 1337. Definitions relating to riot, disorderly conduct and related offenses.
(a) "Private place" means a place where one may reasonably expect to be safe from casual or hostile intrusion or surveillance,
but does not include a place to which the public or a substantial group thereof has access.
(b) "Public place" means a place to which the public or a substantial group of persons has access and includes highways, transportation
facilities, schools, places of amusement, parks, playgrounds, prisons and hallways, lobbies and other portions of apartment
houses and hotels not constituting rooms or apartments designed for actual residence.
11 Del. C. 1953, § 1337; 58 Del. Laws, c. 497, § 1; 59 Del. Laws, c. 203, § 25.;
§ 1338. Bombs, incendiary devices, Molotov cocktails and explosive devices; class D felony.
(a) For purposes of this section the following definitions shall be made applicable:
(1) "Incendiary device" means any item designed to ignite by hand, chemical reaction or by spontaneous combustion and is not
designed for any lawful purpose or use whatsoever, or any lawful purpose or use has been or is terminated.
(2) "Molotov cocktail" means a makeshift incendiary bomb made of a breakable container filled with flammable liquid and provided
with a wick composed of any substance capable of bringing flame into contact with the liquid.
(b) Whoever manufactures, transfers, uses, possesses or transports any bomb, incendiary device, Molotov cocktail or device
designed to explode or produce uncontained combustion with intent to cause bodily harm or damage to any property or thing
shall be guilty of a class D felony.
(c) Any other provision of this Criminal Code notwithstanding, any person over 16 years old who violates this section shall
be prosecuted as an adult.
(d) In any prosecution under this section, it is prima facie evidence of intent to cause bodily harm or damage to any property
or thing if the accused had possession of the device prescribed by this section.
11 Del. C. 1953, § 1338; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8.;
§ 1339. Adulteration; class G felony; class E felony; class A felony.
(a) A person is guilty of adulteration when:
(1) The person adulterates any substance with the intent to cause death, physical injury or illness of a person;
(2) The person distributes, disseminates, gives, sells or otherwise transfers an adulterated substance with the intent to
cause death, physical injury or illness of a person knowing or having reason to know that the substance has been adulterated
as defined in subsection (b) of this section.
(b) "Adulteration" means the intentional adding of any substance, which has the capacity either acting alone or in conjunction
with the other substance to cause death, physical injury or illness by ingestion, injection, inhalation or absorption, to
another substance having a customary or reasonably foreseeable human use.
(c) Adulteration is a class G felony unless the adulteration actually causes physical injury or illness in which case it is
a class E felony, or causes death in which case it is a class A felony.
(d) This offense is a separate and distinct offense and shall not limit or restrict prosecution for murder or any other criminal
offense.
64 Del. Laws, c. 191, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1340. Desecration of burial place.
A person is guilty of desecration of a burial place if the person intentionally defaces, damages, pollutes or otherwise physically
mistreats any such burial place. Any person who desecrates a burial place is guilty of a class A misdemeanor and upon conviction
shall be fined not less than $1,000 nor more than $10,000.
65 Del. Laws, c. 463, § 2; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1341. Lewdness; class B misdemeanor.
A person is guilty of lewdness when the person does any lewd act in any public place or any lewd act which the person knows
is likely to be observed by others who would be affronted or alarmed.
Lewdness is a class B misdemeanor.
11 Del. C. 1953, § 1341; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1342. Prostitution; class B misdemeanor.
(a)(1) A person is guilty of prostitution when the person engages or agrees or offers to engage in sexual conduct with another
person in return for a fee.
(2) Prostitution is a class B misdemeanor.
(b)(1) Any person found guilty of an act of prostitution when such crime has occurred on or within 1,000 feet of the property
of any school, residence, church, synagogue or other place of worship shall be guilty of a class A misdemeanor. The minimum
mandatory fine shall be $500. This fine shall not be suspended.
(2) It shall not be a defense to prosecution for a violation of this section that the person was unaware that the prohibited
conduct took place on or within 1,000 feet of any school property, residence, church, synagogue or other place of worship.
11 Del. C. 1953, § 1342; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 319, § 1.;
§ 1343. Patronizing a prostitute prohibited.
(a) A person is guilty of patronizing a prostitute when:
(1) Pursuant to a prior agreement or understanding, the person pays a fee to another person as compensation for that person's
having engaged in sexual conduct with the person; or
(2) The person pays or agrees to pay a fee to another person pursuant to an agreement or understanding that in return therefor
that person or a third person will engage in sexual conduct with the person; or
(3) The person solicits or requests another person to engage in sexual conduct with the person in return for a fee.
(b) Patronizing a prostitute is a misdemeanor. The minimum mandatory fine shall be $500. This fine shall not be suspended.
(c) Whenever any vehicle, as defined in § 2321 of this title, has been used in, or in connection with, the offense of patronizing
a prostitute, it shall forthwith be seized and taken into custody by the peace officer or officers having knowledge of the
facts of such use.
(d) Vehicle seizure shall apply in the case of a defendant who has a previous conviction for the same offense in the previous
5 years. For the purpose of this section, "prior offense" shall be defined as a conviction of § 1343 of this title.
(e)(1) Any person found guilty of patronizing a prostitute and such crime has occurred on or within 1,000 feet of the property
of any school, residence, church, synagogue or other place of worship shall be guilty of a class A misdemeanor. The minimum
mandatory fine shall be $1,000. This fine shall not be suspended.
(2) It shall not be a defense to prosecution for a violation of this section that the person was unaware that the prohibited
conduct took place on or within 1,000 feet of any school property, residence, church, synagogue or other place of worship.
11 Del. C. 1953, § 1343; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 69 Del. Laws, c. 23, §§ 1, 2, 5, 6; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 319, § 2.;
§ 1344. Prostitution and patronizing a prostitute; no defense.
In any prosecution for prostitution it is no defense that the persons were of the same sex, or that the person who received,
agreed to receive or solicited a fee was a male and the person who paid, agreed or offered to pay the fee was a female.
11 Del. C. 1953, § 1344; 58 Del. Laws, c. 497, § 1.;
§ 1345. Screening for sexually transmissible diseases.
(a) Any person convicted under § 1342 or § 1343 of this title shall be ordered to undergo testing for sexually transmitted
diseases, abbreviated "STD", as designated by the Department of Health and Social Services in its rules and regulations.
(b) The result of any STD test conducted pursuant to this subsection shall not be a public record for purposes of Chapter
100 of Title 29.
(c) The result of any STD testing conducted pursuant to this section shall only be released by the Division of Public Health
to the defendant, the defendant's spouse and the court issuing the order for testing except as otherwise permitted under §
711 of Title 16.
(d) The cost of testing under this section shall be paid by the defendant tested unless the Court has determined that the
defendant is an indigent person.
(e) Filing of a notice of appeal shall not automatically stay an order that the defendant submit to STD testing.
75 Del. Laws, c. 319, § 4.;
§§ 1346-1350. [Reserved.]
§ 1351. Promoting prostitution in the third degree; class F felony.
A person is guilty of promoting prostitution in the third degree when the person knowingly advances or profits from prostitution.
Promoting prostitution in the third degree is a class F felony.
11 Del. C. 1953, § 1351; 58 Del. Laws, c. 497, § 1; 61 Del. Laws, c. 33, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1352. Promoting prostitution in the second degree; class E felony.
A person is guilty of promoting prostitution in the second degree when the person knowingly:
(1) Advances or profits from prostitution by managing, supervising, controlling or owning, either alone or in association
with others, a house of prostitution or a prostitution business or enterprise involving prostitution activity by 2 or more
prostitutes; or
(2) Advances or profits from prostitution of a person less than 18 years old.
Promoting prostitution in the second degree is a class E felony.
11 Del. C. 1953, § 1352; 58 Del. Laws, c. 497, § 1; 61 Del. Laws, c. 33, § 2; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1353. Promoting prostitution in the first degree; class C felony.
A person is guilty of promoting prostitution in the first degree when the person knowingly:
(1) Advances prostitution by compelling a person by force or intimidation to engage in prostitution or profits from such coercive
conduct by another; or
(2) Advances or profits from prostitution of a person less than 16 years old.
Promoting prostitution in the first degree is a class C felony.
11 Del. C. 1953, § 1353; 58 Del. Laws, c. 497, § 1; 61 Del. Laws, c. 33, § 3; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1354. Promoting prostitution; attempt to promote prostitution; corroboration.
A person shall not be convicted of promoting prostitution or of an attempt to promote prostitution solely on the uncorroborated
testimony of a person whose prostitution activity the person is alleged to have advanced or attempted to advance or from whose
prostitution activity the person is alleged to have profited or attempted to profit.
11 Del. C. 1953, § 1354; 58 Del. Laws, c. 497, § 1; 70 Del. Laws, c. 186, § 1.;
§ 1355. Permitting prostitution; class B misdemeanor.
A person is guilty of permitting prostitution when, having possession or control of premises which the person knows are being
used for prostitution purposes, the person fails to halt or abate such use within a reasonable period of time.
Permitting prostitution is a class B misdemeanor.
11 Del. C. 1953, § 1355; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1356. Definitions relating to prostitution.
As used in §§ 1342-1355 of this title:
(1) "Advance prostitution." -- A person advances prostitution when, acting other than as a prostitute or as a patron thereof,
the person knowingly causes or aids a person to commit or engage in prostitution, procures or solicits patrons for prostitution,
provides persons or premises for prostitution purposes, operates or assists in the operation of a house of prostitution or
a prostitution enterprise or engages in any other conduct designed to institute, aid or facilitate an act or enterprise of
prostitution.
(2) "Profit from prostitution." -- A person profits from prostitution when, acting other than as a prostitute receiving compensation
for personally rendered prostitution services, the person accepts or receives money or other property pursuant to an agreement
or understanding with any person whereby the person participates or is to participate in the proceeds of prostitution activity.
(3) "School" means any preschool, kindergarten, elementary school, secondary school, vocational technical school or any other
institution which has as its primary purpose the education or instruction of children under 18 years of age.
(4) "Sexual conduct" means any act designed to produce sexual gratification to either party. It is not limited to intercourse
or deviate sexual intercourse.
11 Del. C. 1953, § 1356; 58 Del. Laws, c. 497, § 1; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 319, § 3.;
§§ 1357-1360. [Reserved.]
§ 1361. Obscenity; acts constituting; class E felony or class G felony; subsequent violations.
(a) A person is guilty of obscenity when the person knowingly:
(1) Sells, delivers or provides any obscene picture, videotape, video game, writing, record, audio cassette tape, compact
disc or other representation or embodiment of the obscene;
(2) Presents or directs an obscene play, dance or performance or participates in that portion thereof which makes it obscene;
(3) Publishes, exhibits or otherwise makes available any obscene material;
(4) Possesses any obscene material for purposes of sale or other commercial dissemination; or
(5) Permits a person under the age of 12 to be on the premises where material harmful to minors, as defined by 11 Del. C.
§ 1365, is either sold or made available for commercial distribution and which material is readily accessible to or easily
viewed by such minors. Any material covered by this paragraph shall not be considered readily accessible to or easily viewed
by minors if it has been placed or otherwise located 5 feet or more above the floor of the subject premises or if the material
is concealed so that no more than the top 3 inches is visible to the passerby.
(b) Obscenity is a class E felony if a person sells, delivers or provides any obscene picture, videotape, video game, writing,
record, audio cassette tape, compact disc or other representation or embodiment of the obscene to a person under the age of
18. In all other cases, obscenity is a class G felony. In addition to the above penalties, upon conviction of obscenity involving
live conduct as defined in § 1364 of this title, the court shall order the business or establishment which presented, displayed
or exhibited such conduct closed for a period of 6 months.
(c) Notwithstanding Chapter 42 of this title, the minimum sentence for a subsequent violation of this section occurring within
5 years of a former conviction shall be a fine in the amount of $5,000, imprisonment for a minimum period of 9 months, no
portion which may be suspended or reduced, and probation for a period of 2 years; provided, however, that where the defendant
is an organization, the fine shall be $10,000. In addition to the above penalties, upon conviction of obscenity involving
conduct as defined in § 1364 of this title, the court shall order the business or establishment which presented, displayed
or exhibited such conduct closed for a period of 2 years.
(d) Where the criminality of conduct depends on a child being under the age of 12, paragraph (a)(5) of this section, or under
the age of 18, subsection (b) of this section, it is no defense that the actor did not know the child's age.
11 Del. C. 1953, § 1361; 58 Del. Laws, c. 497, § 1; 60 Del. Laws, c. 445, § 1; 61 Del. Laws, c. 121, § 1; 63 Del. Laws, c. 111, §§ 1-3; 67 Del. Laws, c. 130, &
(1) The person intentionally causes public inconvenience, annoyance or alarm to any other person, or creates a risk thereof
by:
a. Engaging in fighting or in violent, tumultuous or threatening behavior; or
b. Making an unreasonable noise or an offensively coarse utterance, gesture or display, or addressing abusive language to
any person present; or
c. Disturbing any lawful assembly or meeting of persons without lawful authority; or
d. Obstructing vehicular or pedestrian traffic; or
e. Congregating with other persons in a public place and refusing to comply with a lawful order of the police to disperse;
or
f. Creating a hazardous or physically offensive condition which serves no legitimate purpose; or
g. Congregating with other persons in a public place while wearing masks, hoods or other garments rendering their faces unrecognizable,
for the purpose of and in a manner likely to imminently subject any person to the deprivation of any rights, privileges or
immunities secured by the Constitution or laws of the United States of America.
(2) The person engages with at least 1 other person in a course of disorderly conduct as defined in paragraph (1) of this
section which is likely to cause substantial harm or serious inconvenience, annoyance or alarm, and refuses or knowingly fails
to obey an order to disperse made by a peace officer to the participants.
Disorderly conduct is an unclassified misdemeanor.
11 Del. C. 1953, § 1301; 58 Del. Laws, c. 497, § 1; 59 Del. Laws, c. 203, §§ 23, 24; 63 Del. Laws, c. 305, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1302. Riot; class F felony.
A person is guilty of riot when the person participates with 2 or more persons in a course of disorderly conduct:
(1) With intent to commit or facilitate the commission of a felony or misdemeanor; or
(2) With intent to prevent or coerce official action; or
(3) When the accused or any other participant to the knowledge of the accused uses or plans to use a firearm or other deadly
weapon.
Any other provision of this Criminal Code notwithstanding, whoever violates this section shall be guilty of a class F felony.
Any other provision of this Criminal Code or Title 10 notwithstanding, any person over 16 years old who violates this section
shall be prosecuted as an adult.
11 Del. C. 1953, § 1302; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1303. Disorderly conduct; funeral or memorial service.
(a) A person shall not do any of the following within 300 feet of the building or other location where a funeral or memorial
service is being conducted, or within 1,000 feet of a funeral procession or burial:
(1) Direct abusive epithets or make any threatening gesture which the person knows or reasonably should know is likely to
provoke a violent reaction by another.
(2) Disturb or disrupt the funeral, memorial service, funeral procession, or burial by conduct intended to disturb or disrupt
the funeral, memorial service, funeral procession or burial.
(b) This section applies to conduct within 1 hour preceding, during and within 2 hours after a funeral, memorial service,
funeral procession or burial.
(c) A person who commits a violation of this section commits:
(1) A class A misdemeanor for a first offense.
(2) A class F felony for a second or subsequent offense.
(d) This section shall not preclude any county or municipality from legislating and enforcing its own more restrictive law
in this regard.
75 Del. Laws, c. 271, § 1.;
§ 1304. Hate crimes; class A misdemeanor, class G felony, class F felony, class E felony, class D felony, class C felony,
class B felony, class A felony.
(a) Any person who commits, or attempts to commit, any crime as defined by the laws of this State, and who intentionally:
(1) Commits said crime for the purpose of interfering with the victim's free exercise or enjoyment of any right, privilege
or immunity protected by the First Amendment to the United States Constitution, or commits said crime because the victim has
exercised or enjoyed said rights; or
(2) Selects the victim because of the victim's race, religion, color, disability, sexual orientation, national origin or ancestry,
shall be guilty of a hate crime. For purposes of this section, the term "sexual orientation" means heterosexuality, bisexuality,
or homosexuality.
(b) Hate crimes shall be punished as follows:
(1) If the underlying offense is a violation or unclassified misdemeanor, the hate crime shall be a class A misdemeanor;
(2) If the underlying offense is a class A, B, or C misdemeanor, the hate crime shall be a class G felony;
(3) If the underlying offense is a class C, D, E, F, or G felony, the hate crime shall be one grade higher than the underlying
offense;
(4) If the underlying offense is a class A or B felony, the hate crime shall be the same grade as the underlying offense,
and the minimum sentence of imprisonment required for the underlying offense shall be doubled.
70 Del. Laws, c. 138, § 1; 70 Del. Laws c. 186, § 1; 71 Del. Laws, c. 175, §§ 1, 2.;
§§ 1305-1310. [Reserved.]
§ 1311. Harassment; class A misdemeanor.
(a) A person is guilty of harassment when, with intent to harass, annoy or alarm another person:
(1) That person insults, taunts or challenges another person or engages in any other course of alarming or distressing conduct
which serves no legitimate purpose and is in a manner which the person knows is likely to provoke a violent or disorderly
response or cause a reasonable person to suffer fear, alarm, or distress;
(2) Communicates with a person by telephone, telegraph, mail or any other form of written or electronic communication in a
manner which the person knows is likely to cause annoyance or alarm including, but not limited to, intrastate telephone calls
initiated by vendors for the purpose of selling goods or services;
(3) Knowingly permits any telephone under that person's control to be used for a purpose prohibited by this section;
(4) In the course of a telephone call that person uses obscene language or language suggesting that the recipient of the call
engage with that person or another person in sexual relations of any sort, knowing that the person is thereby likely to cause
annoyance or alarm to the recipient of the call; or
(5) Makes repeated or anonymous telephone calls to another person whether or not conversation ensues, knowing that person
is thereby likely to cause annoyance or alarm.
(b) Harassment is a class A misdemeanor.
11 Del. C. 1953, § 1311; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 316, § 3; 74 Del. Laws, c. 362, § 1; 76 Del. Laws, c. 343, §§ 1, 2.;
§ 1312. Stalking; class G felony, class F felony, class C felony.
(a) A person is guilty of stalking when the person knowingly engages in a course of conduct directed at a specific person
and that conduct would cause a reasonable person to:
(1) Fear physical injury to himself or herself or that of another person; or
(2) Suffer other significant mental anguish or distress that may, but does not necessarily, require medical or other professional
treatment or counseling.
(b) A violation of subsection (a) of this section is a class G felony.
(c) Stalking is a class F felony if a person is guilty of stalking and 1 or more of the following exists:
(1) The person is age 21 or older and the victim is under the age of 14; or
(2) The person violated any order prohibiting contact with the victim; or
(3) The victim is age 62 years of age or older; or
(4) The course of conduct includes a threat of death or threat of serious physical injury to the victim, or to another person;
or
(5) The person causes physical injury to the victim.
(d) Stalking is a class C felony if the person is guilty of stalking and 1 or more of the following exists:
(1) The person possesses a deadly weapon during any act; or
(2) The person causes serious physical injury to the victim.
(e) Definitions. -- The following terms shall have the following meaning as used in this section:
(1) "Course of conduct" means 3 or more separate incidents, including, but not limited to, acts in which the person directly,
indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveys, threatens,
or communicates to or about another, or interferes with, jeopardizes, damages, or disrupts another's daily activities, property,
employment, business, career, education, or medical care. A conviction is not required for any predicate act relied upon to
establish a course of conduct. A conviction for any predicate act relied upon to establish a course of conduct does not preclude
prosecution under this section. Prosecution under this section does not preclude prosecution under any other section of the
Code.
(2) "A reasonable person" means a reasonable person in the victim's circumstances.
(f) Notwithstanding any contrary provision of § 4205 of this title, any person who commits the crime of stalking by engaging
in a course of conduct which includes any act or acts which have previously been prohibited by a then-existing court order
or sentence shall receive a minimum sentence of 6 months incarceration at Level V. The first 6 months of said period of incarceration
shall not be subject to suspension.
(g) Notwithstanding any contrary provision of § 4205 of this title, any person who is convicted of stalking within 5 years
of a prior conviction of stalking shall receive a minimum sentence of 1 year incarceration at Level V. The first year of said
period of incarceration shall not be subject to suspension.
(h) In any prosecution under this law, it shall not be a defense that the perpetrator was not given actual notice that the
course of conduct was unwanted; or that the perpetrator did not intend to cause the victim fear or other emotional distress.
(i) In any prosecution under this section, it is an affirmative defense that the person charged was engaged in lawful picketing.
(j) This section shall not apply to conduct which occurs in furtherance of legitimate activities of law-enforcement, private
investigators, security officers or private detectives as those activities are defined in Chapter 13 of Title 24.
68 Del. Laws, c. 250, § 1; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 316, § 1; 74 Del. Laws, c. 116, §§ 1, 2; 76 Del. Laws, c. 343, § 4.;
§ 1312A. Stalking; class F felony.
Transferred by 76 Del. Laws, c. 343, § 4, eff. Oct. 14, 2008, to § 1312 of this title.
§ 1313. Malicious interference with emergency communications; class B misdemeanor.
(a) As used in this section:
(1) "Emergency communication" means any telephone call or any other form of communication made, transmitted or facilitated
by radio, computer or any other electronic device which is intended by its maker to provide warning or information pertaining
to any crime, fire, accident, disaster or risk of injury or damage to any person or property.
(2) "Emergency communications center" means any public or private facility or entity which accepts emergency communications
for the purpose of notifying, dispatching, directing or coordinating law enforcement, fire, medical, paramedic, ambulance,
utility or other public safety personnel.
(b) A person is guilty of malicious interference with emergency communications when the person:
(1) Intentionally prevents or hinders the initiation, making or completion of an emergency communication by another person;
or
(2) Intentionally initiates or makes repeated nonemergency communications to any 911 or other emergency communications center,
knowing it was thereby likely that the operations of such emergency communications center would be disrupted.
11 Del. C. 1953, § 1313; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 73 Del. Laws, c. 87, § 2.;
§ 1314. [Reserved.]
§ 1315. Public intoxication; unclassified misdemeanor; violation.
A person is guilty of public intoxication when the person appears in a public place manifestly under the influence of alcohol
or narcotics or any other drug not administered or prescribed to be taken by a physician, to the degree that the person may
be in danger or endanger other persons or property, or annoy persons in the vicinity.
Public intoxication is a violation, unless the accused has been convicted of public intoxication twice before within 1 year,
in which case the offense is an unclassified misdemeanor.
11 Del. C. 1953, § 1315; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1316. Registration of out-of-state liquor agents; violation.
(a) In order to promote and protect the public safety and the peace of the community, by reason of the presence of many persons
engaged in the enforcement of the laws of other states, any agent, employee, or representative of another state shall register
with the Delaware Alcoholic Beverage and Tobacco Enforcement not less than 30 days in advance of each entry into a county
for the purpose of observing any alcoholic beverage sales.
(b) At the time of registration the person shall provide the following information:
(1) A written statement setting forth the identity of the out-of-state official;
(2) The purpose of the intended entry into the county;
(3) The make, model and license number of each and every vehicle to be used in the conduct of any surveillance activity;
(4) The specific establishments at which surveillance will be conducted; and
(5) The specific times for surveillance of each establishment.
(c) Any person who registers shall be issued a certificate of registration which must be retained in the possession of the
person during all investigative or surveillance activities.
(d) Any person who fails to register as required by this section, or who having registered violates any provision of this
section, shall lose the right to register or the person's registration, as the case may be, for a period of 6 months.
(e) Any person who, during the period imposed by subsection (d) of this section, violates this section is guilty of a violation.
(f) Upon written request, the Delaware Alcoholic Beverage and Tobacco Enforcement shall release the information regarding
agencies and officers who have registered under this section.
69 Del. Laws, c. 275, § 1; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 74.;
§§ 1317-1319. [Reserved.]
§ 1320. Loitering on property of a state-supported school, college or university; violation.
A person is guilty of loitering on property of a state-supported school, college or university when the person loiters or
remains in or about the buildings or grounds of a school, college or university supported in whole or in part with state funds,
not having any reason or relationship involving custody of or responsibility for a pupil or student, or any other specific,
legitimate reason for being there, and not having written permission from anyone authorized to grant the same.
Any law-enforcement officer, state official or employee, the owner or occupier of such lands or property, an agent or employee
of such persons, or any other person or persons whom they may call to their assistance, may arrest such loiterer, either with
or without warrant, either upon the premises or in immediate flight therefrom and, if with warrant, then at any place.
Loitering on property of a state-supported school, college or university is a violation.
11 Del. C. 1953, § 1320; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1321. Loitering; violation.
A person is guilty of loitering when:
(1) The person fails or refuses to move on when lawfully ordered to do so by any police officer; or
(2) The person stands, sits idling or loiters upon any pavement, sidewalk or crosswalk, or stands or sits in a group or congregates
with others on any pavement, sidewalk, crosswalk or doorstep, in any street or way open to the public in this State so as
to obstruct or hinder the free and convenient passage of persons walking, riding or driving over or along such pavement, walk,
street or way, and fails to make way, remove or pass, after reasonable request from any person; or
(3) The person loiters or remains in or about a school building or grounds, not having reason or relationship involving custody
of or responsibility for a pupil or any other specific or legitimate reason for being there, unless the person has written
permission from the principal; or
(4) The person loiters, remains or wanders about in a public place for the purpose of begging; or
(5) The person loiters or remains in a public place for the purpose of engaging or soliciting another person to engage in
sexual intercourse or deviate sexual intercourse; or
(6) The person loiters, congregates with others or prowls in a place at a time or in a manner not usual for law-abiding individuals
under circumstances that warrant alarm for the safety of persons or property in the vicinity, especially in light of the crime
rate in the relevant area. Unless flight by the accused or other circumstances make it impracticable, a peace officer shall,
prior to any arrest for an offense under this subdivision, afford the accused an opportunity to dispel any alarm which would
otherwise be warranted, by requesting identification and an explanation of the person's presence and conduct. No person shall
be convicted of an offense under this subdivision if the peace officer did not comply with the preceding sentence, or if it
appears that the explanation given by the accused was true and, if believed by the peace officer at the time, would have dispelled
the alarm.
Loitering is a violation.
11 Del. C. 1953, § 1321; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 113, § 1; 70 Del. Laws, c. 186, § 1.;
(1) By conduct either unlawful in itself or unreasonable under all the circumstances, the person knowingly or recklessly creates
or maintains a condition which endangers the safety or health of others; or
(2) The person knowingly conducts or maintains any premises, place or resort where persons gather for purposes of engaging
in unlawful conduct.
Criminal nuisance is an unclassified misdemeanor.
11 Del. C. 1953, § 1322; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1323. Obstructing public passages; violation.
A person is guilty of obstructing public passages when alone or with other persons and having no legal privilege to do so,
the person intentionally or recklessly renders any public passage unreasonably inconvenient or hazardous to use, or the person
wilfully enters upon or tampers with or obstructs any public utility right-of-way.
Obstructing a public passage is a violation.
11 Del. C. 1953, § 1323; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1324. Obstructing ingress to or egress from public buildings; unclassified misdemeanor.
A person is guilty of obstructing ingress to or egress from public buildings when the person knowingly prevents any person
from passing through any entrance or exit to a public building, except that this section shall not apply to lawful picketing
or to picketing for any lawful union objective.
Obstructing ingress to or egress from public buildings is an unclassified misdemeanor.
11 Del. C. 1953, § 1324; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1325. Cruelty to animals; class A misdemeanor; class F felony.
(a) For the purpose of this section, the following words and phrases shall include, but not be limited to, the meanings respectively
ascribed to them as follows:
(1) "Abandonment" includes completely forsaking or deserting an animal originally under one's custody without making reasonable
arrangements for custody of that animal to be assumed by another person.
(2) "Animal" shall not include fish, crustacea or molluska.
(3) "Cruel" includes every act or omission to act whereby unnecessary or unjustifiable physical pain or suffering is caused
or permitted.
(4) "Cruel mistreatment" includes any treatment whereby unnecessary or unjustifiable physical pain or suffering is caused
or permitted.
(5) "Cruel neglect" includes neglect of an animal, which is under the care and control of the neglector, whereby pain or suffering
is caused to the animal or abandonment of any domesticated animal by its owner or custodian. By way of example, cruel neglect
shall also include allowing an animal to live in unsanitary conditions, such as keeping an animal where the animal's own excrement
is not removed from the animal's living area and/or other living conditions which are injurious to the animal's health.
(6) "Cruelty to animals" includes mistreatment of any animal or neglect of any animal under the care and control of the neglector,
whereby unnecessary or unjustifiable physical pain or suffering is caused. By way of example this includes: Unjustifiable
beating of an animal; overworking an animal; tormenting an animal; abandonment of an animal; failure to feed properly or give
proper shelter or veterinary care to an animal.
(7) "Custody" includes the responsibility for the welfare of an animal subject to one's care and control whether one owns
it or not.
(8) "Person" includes any individual, partnership, corporation or association living and/or doing business in the State.
(9) "Proper feed" includes providing each animal with daily food and water of sufficient quality and quantity to prevent unnecessary
or unjustifiable physical pain or suffering by the animal.
(10) "Proper shelter" includes providing each animal with adequate shelter from the weather elements as required to prevent
unnecessary or unjustifiable physical pain or suffering by the animal.
(11) "Proper veterinary care" includes providing each animal with veterinary care sufficient to prevent unnecessary or unjustifiable
physical pain or suffering by the animal.
(12) "Serious injury" shall include any injury to any animal which creates a substantial risk of death, or which causes prolonged
impairment of health or prolonged loss or impairment of the function of any bodily organ.
(b) A person is guilty of cruelty to animals when the person intentionally or recklessly:
(1) Subjects any animal to cruel mistreatment; or
(2) Subjects any animal in the person's custody to cruel neglect; or
(3) Kills or injures any animal belonging to another person without legal privilege or consent of the owner; or
(4) Cruelly or unnecessarily kills or injures any animal whether belonging to the actor or another. This section does not
apply to the killing of any animal normally or commonly raised as food for human consumption, provided that such killing is
not cruel. A person acts unnecessarily if the act is not required to terminate an animal's suffering, to protect the life
or property of the actor or another person or if other means of disposing of an animal exist which would not impair the health
or well-being of that animal; or
(5) Captures, detains, transports, removes or delivers any animal known to be a domestic farm animal, pet or companion animal,
or any other animal of scientific, environmental, economic or cultural value, under false pretenses to any public or private
animal shelter, veterinary clinic or other facility, or otherwise causes the same through acts of deception or misrepresentation
of the circumstances and disposition of any such animal.
Paragraphs (1), (2) and (4) of this subsection are inapplicable to accepted veterinary practices and activities carried on
for scientific research.
Cruelty to animals is a class A misdemeanor, unless the person intentionally kills or causes serious injury to any animal
in violation of paragraph (4) of this subsection or unless the animal is killed or seriously injured as a result of any action
prohibited by paragraph (5) of this section, in which case it is a class F felony.
(c) Any person convicted of a misdemeanor violation of this section shall be prohibited from owning or possessing any animal
for 5 years after said conviction, except for animals grown, raised or produced within the State for resale, or for sale of
a product thereof, where the person has all necessary licenses for such sale or resale, and receives at least 25 percent of
the person's annual gross income from such sale or resale. Any person convicted of a second or subsequent misdemeanor violation
of this section shall be prohibited from owning or possessing any animal for 5 years after said conviction without exception.
A violation of this subsection is subject to a fine in the amount of $1,000 in any court of competent jurisdiction and to
forfeiture of any animal illegally owned in accordance with the provisions of 3 Del. C. § 7904.
(d) Any person convicted of a felony violation of this section shall be prohibited from owning or possessing any animal for
15 years after said conviction, except for animals grown, raised or produced within the State for resale, or for sale of a
product thereof, where the person has all necessary licenses for such sale or resale, and receives at least 25 percent of
the person's annual gross income from such sale or resale. Any person convicted of a second or subsequent felony violation
of this section shall be prohibited from owning or possessing any animal for 15 years after said conviction without exception.
A violation of this subsection is subject to a fine in the amount of $5,000 in any court of competent jurisdiction and to
forfeiture of any animal illegally owned in accordance with the provisions of 3 Del. C. § 7904.
(e) Any agent of the Delaware Society for the Prevention of Cruelty to Animals, or, in Kent County of this State, of the Kent
County Society for the Prevention of Cruelty to Animals, may impound an animal owned or possessed in apparent violation of
this section, consistent with 3 Del. C. § 7904.
(f) This section shall not apply to the lawful hunting or trapping of animals as provided by law.
11 Del. C. 1953, § 1325; 58 Del. Laws, c. 497, § 1; 62 Del. Laws, c. 71, §§ 1, 2; 63 Del. Laws, c. 260, § 1; 64 Del. Laws, c. 196, §§ 1-3; 67 Del. Laws, c. 130, § 8; 69 Del. Laws, c. 280, §§ 1, 2; 70 Del. Laws, c. 60, § 1; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 75, § 1; 73 Del. Laws, c. 182, §§ 1, 2; 73 Del. Laws, c. 238, §§ 1, 2.;
§ 1325A. The unlawful trade in dog or cat by-products; class B misdemeanor; class A misdemeanor, penalties.
(a)(1) A person is guilty of the unlawful trade in dog or cat by-products in the 2nd degree if the person knowingly or recklessly
sells, barters or offers for sale or barter, the fur or hair of a domestic dog or cat or any product made in whole or in part
from the fur or hair of a domestic dog or cat.
(2) This subsection shall not apply to the sale or barter, or offering for sale or barter, of the fur or hair of a domestic
dog or cat which has been cut at a commercial grooming establishment, or at a veterinary office or clinic, or for scientific
research purposes.
(3) The unlawful trade in dog or cat by-products in the 2nd degree is a class B misdemeanor.
(b)(1) A person is guilty of the unlawful trade in dog or cat by-products in the 1st degree if the person knowingly or recklessly
sells, barters or offers for sale or barter, the flesh of a domestic dog or cat or any product made in whole or in part from
the flesh of a domestic dog or cat.
(2) The unlawful trade in dog or cat by-products in the first degree is a class A misdemeanor.
(c) In addition to any other penalty provided by law, any person convicted of a violation of this section shall be:
(1) Prohibited from owning or possessing any domestic dog or cat for 15 years after said conviction, except for those grown,
raised or produced within the State for resale, where the person has all necessary licenses for such sale or resale, and receives
at least 25 percent of the person's annual gross income from such sale or resale;
(2) Subject to a fine in the amount of $2,500 in any court of competent jurisdiction; and
(3) Required to forfeit any domestic dog or cat illegally owned in accordance with the provisions of Chapter 79 of Title 3.
(d) For the purposes of this section, the term "domestic dog or cat" means a dog (Canis familiaris) or cat (Felis catus or
Felis domesticus) that is generally recognized in the United States as being a household pet and shall not include coyote,
fox, lynx, bobcat or any other wild or commercially raised canine or feline species the fur or hair of which is recognized
for use in warm clothing and outer wear by the United States Department of Agriculture and which species is not recognized
as an endangered or threatened species by the United States Fish and Wild Life Service or the Delaware Department of Natural
Resources and Environmental Control.
72 Del. Laws, c. 391, § 1.;
§ 1326. Animals; fighting and baiting prohibited; class E felony.
(a) A person who owns, possesses, keeps, trains, or uses a bull, bear, dog, cock, or other animal or fowl for the purpose
of fighting or baiting; or a person who is a party to or who causes the fighting or baiting of a bull, bear, dog, cock, or
other animal or fowl; or a person who rents or otherwise obtains the use of a building, shed, room, yard, ground, or premises
for the purpose of fighting or baiting an animal or fowl; or a person who knowingly suffers or permits the use of a building,
shed, room, yard, ground, or premises belonging to the person, or that is under the person's control, for any of the purposes
described in this section, is guilty of a class E felony.
(b) A person who is present at a building, shed, room, yard, ground, or premises where preparations are being made for an
exhibition prohibited by subsection (a) of this section, and who knows that the exhibition is taking place or is about to
take place, is guilty of a class F felony.
(c) A person who gambles on the outcome of an exhibition prohibited by subsection (a) of this section is guilty of a class
F felony.
(d) All animals, equipment, devices, and money involved in a violation of this section must be forfeited to the State. Animals
so forfeited must be disposed of in a humane manner.
(e) Prosecution for any offense under this section may not be commenced after 5 years from the commission of the offense.
(f) A person convicted of a violation of this section is prohibited from owning or possessing any animal or fowl for 15 years
after conviction.
(g) A fine issued as a result of a violation of this section may not be suspended.
(h) In addition to the penalties provided under this section, the court may require a person convicted of violating this section
to attend and participate in an appropriate treatment program or to obtain appropriate psychiatric or psychological counseling,
or both. The court may impose the costs of any treatment program or counseling upon the person convicted.
66 Del. Laws, c. 369, § 2; 67 Del. Laws, c. 130, § 8; 67 Del. Laws, c. 350, §§ 34, 35; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 417, § 1; 73 Del. Laws, c. 238, §§ 3-5; 73 Del. Laws, c. 411, § 1; 76 Del. Laws, c. 259, §§ 1-3; 77 Del. Laws, c. 264, § 1.;
§ 1327. Maintaining a dangerous animal; class E felony; class F felony; class A misdemeanor.
(a) A person is guilty of maintaining a dangerous animal when such person knowingly or recklessly owns, controls or has custody
over any dangerous animal which causes death, serious physical injury or physical injury to another person or which causes
death or serious injury to another animal.
(b) For the purposes of this section, "dangerous animal" means any dog or other animal which:
(1) Had been declared dangerous or potentially dangerous by the Dog Control Panel pursuant to subchapter III of Chapter 17
of Title 7;
(2) Had been trained for animal fighting, or that has been used primarily or occasionally for animal fighting;
(3) Had been intentionally trained so as to increase its viciousness, dangerousness or potential for unprovoked attacks upon
human beings or other animals; or
(4) Has an individualized and known propensity, tendency or disposition, specific to the individual dog, for viciousness,
dangerousness or unprovoked attacks upon human beings or other animals.
(c) Maintaining a dangerous animal shall be punished as follows:
(1) When a dangerous animal causes the death of a person, maintaining a dangerous animal is a class E felony;
(2) When a dangerous animal causes serious physical injury to a person, maintaining a dangerous animal is a class F felony;
(3) When a dangerous animal causes physical injury to a person or when a dangerous animal causes death or physical injury
to another animal, maintaining a dangerous animal is a class A misdemeanor.
(d) This section shall not apply to any dog or other animal trained or owned or used by any law enforcement agency or any
person, company, agency or entity licensed pursuant to Chapter 13 of Title 24.
(e) In any prosecution under this section it shall be an affirmative defense that at the time of the attack during which physical
injury, serious physical injury or death was inflicted upon a person:
(1) The victim of the attack was in the course of committing criminal trespass or any violent felony as set forth in this
title or was attempting to commit criminal trespass or said violent felony;
(2) The victim had provoked the attack by committing cruelty to animals as defined in § 1325 of this title upon said dangerous
animal or by inflicting physical injury upon said dangerous animal; or
(3) The owner or custodian of the dangerous animal was in full compliance with the applicable provisions of subchapter III
of Chapter 17 of Title 7, including the requirements pertaining to confinement, restraint and muzzling.
(f) In any prosecution under this section it shall be an affirmative defense that at the time of the attack during which physical
injury or death was inflicted upon an animal:
(1) The animal which was injured or killed had entered onto the real property of the owner or custodian of the dangerous animal
without permission;
(2) The animal which was injured or killed had provoked the attack by menacing, biting or attacking the dangerous animal or
its owner or custodian; or
(3) The owner or custodian of the dangerous animal was in full compliance with the applicable provisions of subchapter III
of Chapter 17 of Title 7, including the requirements pertaining to confinement, restraint and muzzling.
73 Del. Laws, c. 411, § 2.;
§§ 1328, 1329. [Reserved.]
§ 1330. Smoking on trolleys and buses.
(a) Whoever in any trackless trolley coach, or gasoline or diesel-engine-propelled bus being used as a public conveyance for
carrying passengers within this State, smokes or carries a lighted cigarette, cigar or pipe shall be fined not less than $5
nor more than $25.
(b) Justices of the peace shall have jurisdiction of offenses under this section.
60 Del. Laws, c. 66, § 1; 66 Del. Laws, c. 369, § 2; 73 Del. Laws, c. 411, § 2.;
§ 1331. Desecration; class A misdemeanor.
A person is guilty of desecration if the person intentionally defaces, damages, pollutes or otherwise physically mistreats
any public monument or structure, any place of worship, the national flag or any other object of veneration by the public
or a substantial segment thereof, in a public place and in a way in which the actor knows will outrage the sensibilities of
persons likely to observe or discover the actions.
Desecration is a class A misdemeanor.
11 Del. C. 1953, § 1331; 58 Del. Laws, c. 497, § 1; 65 Del. Laws, c. 463, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1332. Abusing a corpse; class A misdemeanor.
A person is guilty of abusing a corpse when, except as authorized by law, the person treats a corpse in a way that a reasonable
person knows would outrage ordinary family sensibilities.
Abusing a corpse is a class A misdemeanor.
11 Del. C. 1953, § 1332; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1333. Trading in human remains and Associated Funerary Objects.
(a) As used in this section:
(1) "Associated Funerary Objects" means an item of human manufacture or use that is intentionally placed with human remains
at the time of interment in a burial site or later as a part of a death rite or ceremony of a culture, religion or group.
"Associated Funerary Object" includes any gravestone, monument, tomb or other structure in or directly associated with a burial
site.
(b) A person is guilty of trading in human remains and Associated Funerary Objects when the person knowingly sells, buys or
transports for sale or profit, or offers to buy, sell or transport for sale or profit, within this State, any unlawfully removed
human remains or any Associated Funerary Objects.
(c) The provisions of this section shall not apply to:
(1) Any person acting in the course of medical, archaeological, educational or scientific study authorized by an accredited
educational institution or governmental entity; or
(2) A licensed mortician or other professional who transports human remains in the course of carrying out the individual's
professional duties and responsibilities.
(d) Nothing in this section shall be construed to interfere with the normal operation and maintenance of a public or private
cemetery including correction of improper burial siting, and, with the consent of any person who would qualify as an heir
of the deceased, moving the remains within a public or private cemetery.
Trading in human remains and Associated Funerary Objects is a class B misdemeanor.
70 Del. Laws, c. 50, § 1.;
§ 1334. [Reserved.]
§ 1335. Violation of privacy; class A misdemeanor; class G felony.
(a) A person is guilty of violation of privacy when, except as authorized by law, the person:
(1) Trespasses on property intending to subject anyone to eavesdropping or other surveillance in a private place; or
(2) Installs in any private place, without consent of the person or persons entitled to privacy there, any device for observing,
photographing, recording, amplifying or broadcasting sounds or events in that place; or
(3) Installs or uses outside a private place any device for hearing, recording, amplifying or broadcasting sounds originating
in that place which would not ordinarily be audible or comprehensible outside, without the consent of the person or persons
entitled to privacy there; or
(4) Intercepts without the consent of all parties thereto a message by telephone, telegraph, letter or other means of communicating
privately, including private conversation; or
(5) Divulges without the consent of the sender and the receiver the existence or contents of any message by telephone, telegraph,
letter or other means of communicating privately if the accused knows that the message was unlawfully intercepted or if the
accused learned of the message in the course of employment with an agency engaged in transmitting it.
(6) Tape records, photographs, films, videotapes or otherwise reproduces the image of another person who is getting dressed
or undressed or has that person's genitals, buttocks or her breasts exposed, without consent, in any place where persons normally
disrobe including but not limited to a fitting room, dressing room, locker room or bathroom, where there is a reasonable expectation
of privacy. This paragraph shall not apply to any acts done by a parent or guardian inside of that person's dwelling, or upon
that person's real property, when a subject of victim of such acts is intended to be any child of such parent or guardian
who has not yet reached that child's eighteenth birthday and whose primary residence is in or upon the dwelling or real property
of the parent or guardian, unless the acts done by the parent or guardian are intended to produce sexual gratification for
any person in which case this paragraph shall apply; or
(7) Secretly or surreptitiously videotapes, films, photographs or otherwise records another person under or through that person's
clothing for the purpose of viewing the body of or the undergarments worn by that other person; or
(8) Knowingly installs an electronic or mechanical location tracking device in or on a motor vehicle without the consent of
the registered owner, lessor or lessee of said vehicle. This paragraph shall not apply to the lawful use of an electronic
tracking device by a law enforcement officer, nor shall it apply to a parent or legal guardian who installs such a device
for the purpose of tracking the location of a minor child thereof.
(b) This section does not apply to:
(1) Overhearing of messages through a regularly installed instrument on a telephone party line or an extension or any other
regularly installed instrument or equipment; or
(2) Acts done by the telephone company or subscribers incident to the enforcement of telephone company regulations or subscriber
rules relating to the use of facilities; or
(3) Acts done by personnel of any telephone or telegraph carrier in the performance of their duties in connection with the
construction, maintenance or operation of a telephone or telegraph system; or
(4) The divulgence of the existence of any message in response to a subpoena issued by a court of competent jurisdiction or
a governmental body having subpoena powers; or
(5) Acts done by police officers as provided in §§ 1336 [Repealed] and 1431 of this title.
(c) Any violation of paragraph (a)(1), (a)(2), (a)(3), (a)(4), (a)(5) or (a)(8) of this section shall be a class A misdemeanor.
Any violation of paragraph (a)(6) or (a)(7) of this section shall be a class G felony.
11 Del. C. 1953, § 1335; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 180, §§ 1-3; 73 Del. Laws, c. 172, §§ 1, 2, 3; 75 Del. Laws, c. 341, §§ 1, 2.;
§ 1336. Wiretapping and electronic surveillance.
Repealed by 72 Del. Laws, c. 232, eff. July 23, 1999.
§ 1337. Definitions relating to riot, disorderly conduct and related offenses.
(a) "Private place" means a place where one may reasonably expect to be safe from casual or hostile intrusion or surveillance,
but does not include a place to which the public or a substantial group thereof has access.
(b) "Public place" means a place to which the public or a substantial group of persons has access and includes highways, transportation
facilities, schools, places of amusement, parks, playgrounds, prisons and hallways, lobbies and other portions of apartment
houses and hotels not constituting rooms or apartments designed for actual residence.
11 Del. C. 1953, § 1337; 58 Del. Laws, c. 497, § 1; 59 Del. Laws, c. 203, § 25.;
§ 1338. Bombs, incendiary devices, Molotov cocktails and explosive devices; class D felony.
(a) For purposes of this section the following definitions shall be made applicable:
(1) "Incendiary device" means any item designed to ignite by hand, chemical reaction or by spontaneous combustion and is not
designed for any lawful purpose or use whatsoever, or any lawful purpose or use has been or is terminated.
(2) "Molotov cocktail" means a makeshift incendiary bomb made of a breakable container filled with flammable liquid and provided
with a wick composed of any substance capable of bringing flame into contact with the liquid.
(b) Whoever manufactures, transfers, uses, possesses or transports any bomb, incendiary device, Molotov cocktail or device
designed to explode or produce uncontained combustion with intent to cause bodily harm or damage to any property or thing
shall be guilty of a class D felony.
(c) Any other provision of this Criminal Code notwithstanding, any person over 16 years old who violates this section shall
be prosecuted as an adult.
(d) In any prosecution under this section, it is prima facie evidence of intent to cause bodily harm or damage to any property
or thing if the accused had possession of the device prescribed by this section.
11 Del. C. 1953, § 1338; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8.;
§ 1339. Adulteration; class G felony; class E felony; class A felony.
(a) A person is guilty of adulteration when:
(1) The person adulterates any substance with the intent to cause death, physical injury or illness of a person;
(2) The person distributes, disseminates, gives, sells or otherwise transfers an adulterated substance with the intent to
cause death, physical injury or illness of a person knowing or having reason to know that the substance has been adulterated
as defined in subsection (b) of this section.
(b) "Adulteration" means the intentional adding of any substance, which has the capacity either acting alone or in conjunction
with the other substance to cause death, physical injury or illness by ingestion, injection, inhalation or absorption, to
another substance having a customary or reasonably foreseeable human use.
(c) Adulteration is a class G felony unless the adulteration actually causes physical injury or illness in which case it is
a class E felony, or causes death in which case it is a class A felony.
(d) This offense is a separate and distinct offense and shall not limit or restrict prosecution for murder or any other criminal
offense.
64 Del. Laws, c. 191, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1340. Desecration of burial place.
A person is guilty of desecration of a burial place if the person intentionally defaces, damages, pollutes or otherwise physically
mistreats any such burial place. Any person who desecrates a burial place is guilty of a class A misdemeanor and upon conviction
shall be fined not less than $1,000 nor more than $10,000.
65 Del. Laws, c. 463, § 2; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1341. Lewdness; class B misdemeanor.
A person is guilty of lewdness when the person does any lewd act in any public place or any lewd act which the person knows
is likely to be observed by others who would be affronted or alarmed.
Lewdness is a class B misdemeanor.
11 Del. C. 1953, § 1341; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1342. Prostitution; class B misdemeanor.
(a)(1) A person is guilty of prostitution when the person engages or agrees or offers to engage in sexual conduct with another
person in return for a fee.
(2) Prostitution is a class B misdemeanor.
(b)(1) Any person found guilty of an act of prostitution when such crime has occurred on or within 1,000 feet of the property
of any school, residence, church, synagogue or other place of worship shall be guilty of a class A misdemeanor. The minimum
mandatory fine shall be $500. This fine shall not be suspended.
(2) It shall not be a defense to prosecution for a violation of this section that the person was unaware that the prohibited
conduct took place on or within 1,000 feet of any school property, residence, church, synagogue or other place of worship.
11 Del. C. 1953, § 1342; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 319, § 1.;
§ 1343. Patronizing a prostitute prohibited.
(a) A person is guilty of patronizing a prostitute when:
(1) Pursuant to a prior agreement or understanding, the person pays a fee to another person as compensation for that person's
having engaged in sexual conduct with the person; or
(2) The person pays or agrees to pay a fee to another person pursuant to an agreement or understanding that in return therefor
that person or a third person will engage in sexual conduct with the person; or
(3) The person solicits or requests another person to engage in sexual conduct with the person in return for a fee.
(b) Patronizing a prostitute is a misdemeanor. The minimum mandatory fine shall be $500. This fine shall not be suspended.
(c) Whenever any vehicle, as defined in § 2321 of this title, has been used in, or in connection with, the offense of patronizing
a prostitute, it shall forthwith be seized and taken into custody by the peace officer or officers having knowledge of the
facts of such use.
(d) Vehicle seizure shall apply in the case of a defendant who has a previous conviction for the same offense in the previous
5 years. For the purpose of this section, "prior offense" shall be defined as a conviction of § 1343 of this title.
(e)(1) Any person found guilty of patronizing a prostitute and such crime has occurred on or within 1,000 feet of the property
of any school, residence, church, synagogue or other place of worship shall be guilty of a class A misdemeanor. The minimum
mandatory fine shall be $1,000. This fine shall not be suspended.
(2) It shall not be a defense to prosecution for a violation of this section that the person was unaware that the prohibited
conduct took place on or within 1,000 feet of any school property, residence, church, synagogue or other place of worship.
11 Del. C. 1953, § 1343; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 69 Del. Laws, c. 23, §§ 1, 2, 5, 6; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 319, § 2.;
§ 1344. Prostitution and patronizing a prostitute; no defense.
In any prosecution for prostitution it is no defense that the persons were of the same sex, or that the person who received,
agreed to receive or solicited a fee was a male and the person who paid, agreed or offered to pay the fee was a female.
11 Del. C. 1953, § 1344; 58 Del. Laws, c. 497, § 1.;
§ 1345. Screening for sexually transmissible diseases.
(a) Any person convicted under § 1342 or § 1343 of this title shall be ordered to undergo testing for sexually transmitted
diseases, abbreviated "STD", as designated by the Department of Health and Social Services in its rules and regulations.
(b) The result of any STD test conducted pursuant to this subsection shall not be a public record for purposes of Chapter
100 of Title 29.
(c) The result of any STD testing conducted pursuant to this section shall only be released by the Division of Public Health
to the defendant, the defendant's spouse and the court issuing the order for testing except as otherwise permitted under §
711 of Title 16.
(d) The cost of testing under this section shall be paid by the defendant tested unless the Court has determined that the
defendant is an indigent person.
(e) Filing of a notice of appeal shall not automatically stay an order that the defendant submit to STD testing.
75 Del. Laws, c. 319, § 4.;
§§ 1346-1350. [Reserved.]
§ 1351. Promoting prostitution in the third degree; class F felony.
A person is guilty of promoting prostitution in the third degree when the person knowingly advances or profits from prostitution.
Promoting prostitution in the third degree is a class F felony.
11 Del. C. 1953, § 1351; 58 Del. Laws, c. 497, § 1; 61 Del. Laws, c. 33, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1352. Promoting prostitution in the second degree; class E felony.
A person is guilty of promoting prostitution in the second degree when the person knowingly:
(1) Advances or profits from prostitution by managing, supervising, controlling or owning, either alone or in association
with others, a house of prostitution or a prostitution business or enterprise involving prostitution activity by 2 or more
prostitutes; or
(2) Advances or profits from prostitution of a person less than 18 years old.
Promoting prostitution in the second degree is a class E felony.
11 Del. C. 1953, § 1352; 58 Del. Laws, c. 497, § 1; 61 Del. Laws, c. 33, § 2; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1353. Promoting prostitution in the first degree; class C felony.
A person is guilty of promoting prostitution in the first degree when the person knowingly:
(1) Advances prostitution by compelling a person by force or intimidation to engage in prostitution or profits from such coercive
conduct by another; or
(2) Advances or profits from prostitution of a person less than 16 years old.
Promoting prostitution in the first degree is a class C felony.
11 Del. C. 1953, § 1353; 58 Del. Laws, c. 497, § 1; 61 Del. Laws, c. 33, § 3; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1354. Promoting prostitution; attempt to promote prostitution; corroboration.
A person shall not be convicted of promoting prostitution or of an attempt to promote prostitution solely on the uncorroborated
testimony of a person whose prostitution activity the person is alleged to have advanced or attempted to advance or from whose
prostitution activity the person is alleged to have profited or attempted to profit.
11 Del. C. 1953, § 1354; 58 Del. Laws, c. 497, § 1; 70 Del. Laws, c. 186, § 1.;
§ 1355. Permitting prostitution; class B misdemeanor.
A person is guilty of permitting prostitution when, having possession or control of premises which the person knows are being
used for prostitution purposes, the person fails to halt or abate such use within a reasonable period of time.
Permitting prostitution is a class B misdemeanor.
11 Del. C. 1953, § 1355; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1356. Definitions relating to prostitution.
As used in §§ 1342-1355 of this title:
(1) "Advance prostitution." -- A person advances prostitution when, acting other than as a prostitute or as a patron thereof,
the person knowingly causes or aids a person to commit or engage in prostitution, procures or solicits patrons for prostitution,
provides persons or premises for prostitution purposes, operates or assists in the operation of a house of prostitution or
a prostitution enterprise or engages in any other conduct designed to institute, aid or facilitate an act or enterprise of
prostitution.
(2) "Profit from prostitution." -- A person profits from prostitution when, acting other than as a prostitute receiving compensation
for personally rendered prostitution services, the person accepts or receives money or other property pursuant to an agreement
or understanding with any person whereby the person participates or is to participate in the proceeds of prostitution activity.
(3) "School" means any preschool, kindergarten, elementary school, secondary school, vocational technical school or any other
institution which has as its primary purpose the education or instruction of children under 18 years of age.
(4) "Sexual conduct" means any act designed to produce sexual gratification to either party. It is not limited to intercourse
or deviate sexual intercourse.
11 Del. C. 1953, § 1356; 58 Del. Laws, c. 497, § 1; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 319, § 3.;
§§ 1357-1360. [Reserved.]
§ 1361. Obscenity; acts constituting; class E felony or class G felony; subsequent violations.
(a) A person is guilty of obscenity when the person knowingly:
(1) Sells, delivers or provides any obscene picture, videotape, video game, writing, record, audio cassette tape, compact
disc or other representation or embodiment of the obscene;
(2) Presents or directs an obscene play, dance or performance or participates in that portion thereof which makes it obscene;
(3) Publishes, exhibits or otherwise makes available any obscene material;
(4) Possesses any obscene material for purposes of sale or other commercial dissemination; or
(5) Permits a person under the age of 12 to be on the premises where material harmful to minors, as defined by 11 Del. C.
§ 1365, is either sold or made available for commercial distribution and which material is readily accessible to or easily
viewed by such minors. Any material covered by this paragraph shall not be considered readily accessible to or easily viewed
by minors if it has been placed or otherwise located 5 feet or more above the floor of the subject premises or if the material
is concealed so that no more than the top 3 inches is visible to the passerby.
(b) Obscenity is a class E felony if a person sells, delivers or provides any obscene picture, videotape, video game, writing,
record, audio cassette tape, compact disc or other representation or embodiment of the obscene to a person under the age of
18. In all other cases, obscenity is a class G felony. In addition to the above penalties, upon conviction of obscenity involving
live conduct as defined in § 1364 of this title, the court shall order the business or establishment which presented, displayed
or exhibited such conduct closed for a period of 6 months.
(c) Notwithstanding Chapter 42 of this title, the minimum sentence for a subsequent violation of this section occurring within
5 years of a former conviction shall be a fine in the amount of $5,000, imprisonment for a minimum period of 9 months, no
portion which may be suspended or reduced, and probation for a period of 2 years; provided, however, that where the defendant
is an organization, the fine shall be $10,000. In addition to the above penalties, upon conviction of obscenity involving
conduct as defined in § 1364 of this title, the court shall order the business or establishment which presented, displayed
or exhibited such conduct closed for a period of 2 years.
(d) Where the criminality of conduct depends on a child being under the age of 12, paragraph (a)(5) of this section, or under
the age of 18, subsection (b) of this section, it is no defense that the actor did not know the child's age.
11 Del. C. 1953, § 1361; 58 Del. Laws, c. 497, § 1; 60 Del. Laws, c. 445, § 1; 61 Del. Laws, c. 121, § 1; 63 Del. Laws, c. 111, §§ 1-3; 67 Del. Laws, c. 130, &
