Delaware

Delaware Code — Title 11, Crimes and Criminal Procedure

1,279 sections, each with the official text and a plain-English explanation of what it means for you.

• § 2524 — Costs and expenses
• § 2525 — Immunity from process in civil actions
• § 2526 — Waiver of requisition
• § 2527 — Preservation of rights of State
• § 2528 — Prosecution for other crimes after extradition
• § 2529 — Construction
• § 253 — Substitutes for criminal negligence, recklessness and knowledge
• § 2530 — Short title
• § 254 — Conditional intention
• § 2540 — Preamble; purpose
• § 2541 — Definitions
• § 2542 — Written notice requesting disposition, trial within 180 days; waiver of extradition
• § 2543 — Approval of court; disapproval of governor, trial; dismissal
• § 2544 — Delivery of temporary custody; refusal; return; responsibility
• § 2545 — Time periods; determination; tolling
• § 2546 — Commissioner of Correction designated enforcing officer
• § 2547 — Effect of agreement; repeal; preservation of rights
• § 2548 — Construction; severability
• § 2549 — Habitual offenders law; application
• § 255 — Knowledge of high probability
• § 2550 — Power of Commissioner of Correction; transfer of inmate
• § 261 — Causation
• § 262 — Intentional or knowing causation; different result from that expected
• § 263 — Reckless or negligent causation; different result from that expected or overlooked
• § 264 — Causation in offenses of strict liability
• § 2701 — Original jurisdiction
• § 2702 — Jurisdiction of the Justice of the Peace Court of offenses contained in Chapter 5 of this title
• § 271 — Liability for the conduct of another — Generally
• § 272 — Liability for the conduct of another — No defense
• § 273 — Liability for the conduct of another — Exemption
• § 2731 — Bigamy
• § 2732 — Homicide
• § 2733 — Offenses involving the conduct of another
• § 2734 — Receiving stolen property
• § 2735 — Transportation of stolen property by thief
• § 2736 — Offenses begun in this State
• § 2737 — Kidnapping
• § 2738 — Computer fraud or misuse
• § 274 — Offenses involving 2 or more persons; convictions for different degrees of offense
• § 275 — Indictment as principal and conviction as accomplice; indictment as accomplice and conviction as principal
• § 281 — Criminal liability of organizations
• § 282 — Criminal liability of an individual for organizational conduct
• § 283 — Impermissible organizational activity no defense
• § 284 — Definitions relating to organizational liability
• § 301 — State’s prima facie case; proof beyond reasonable doubt
• § 302 — Jury instruction for defendant on reasonable doubt
• § 303 — Credible evidence to support defenses
• § 304 — Defendant’s affirmative defenses; prove by preponderance of evidence
• § 305 — Exemption from criminal liability; affirmative defense to be proved by defendant
• § 306 — No conclusive presumptions; rebuttable presumptions and proof thereof
• § 307 — Jury inference of defendant’s intention, recklessness, knowledge or belief
• § 308 — Construction of provisions allowing no defense
• § 3101 — Degrees of murder
• § 3102 — Forgery
• § 3103 — Perjury
• § 3104 — Ownership or possession of property by more than 1 person
• § 3105 — Description of money
• § 3106 — Allegation of intent to defraud
• § 3107 — DNA
• § 3301 — Examination upon voir dire in capital cases
• § 3501 — Testimony of accused persons
• § 3502 — Testimonial immunity
• § 3503 — Prima facie evidence of bank incorporation
• § 3504 — Proof of possession of property
• § 3505 — Evidence of alcohol in blood of one operating motor vehicle under influence of liquor [Repealed]
• § 3506 — Obtaining of testimony under court order; witness immunity
• § 3507 — Use of prior statements as affirmative evidence
• § 3508 — Rape — Sufficiency of evidence; proceedings in camera
• § 3509 — Rape — Admissibility of certain evidence
• § 3510 — Admissibility of certificate of title in criminal proceedings involving motor vehicles
• § 3511 — Videotaped deposition and procedures for child witnesses
• § 3512 — Presence of victims
• § 3513 — Hearsay exception for child victim’s or witness’s out-of-court statement of abuse
• § 3514 — Testimony of victim or witness in child abuse, and victim of domestic violence, sexual assault or stalking cases by means of secured video connection
• § 3515 — Admissibility of DNA profiles
• § 3516 — Hearsay exception for an adult who is impaired or patient or resident victim’s out-of-court statement of abuse
• § 3521 — Definitions
• § 3522 — Testimony in another state
• § 3523 — Testimony in this State
• § 3524 — Immunity from arrest and service of process
• § 3525 — Uniformity of interpretation
• § 3526 — Short title
• § 3531 — Definitions
• § 3532 — Act of intimidation; class D felony
• § 3533 — Aggravated act of intimidation; class B felony
• § 3534 — Attempt to intimidate
• § 3535 — Protective orders — Issuance
• § 3536 — Protective orders — Violations
• § 3537 — Pretrial release
• § 3901 — Fixing term of imprisonment; credits
• § 3902 — Solitary confinement [Repealed]
• § 3903 — Delivery of copy of sentence to warden
• § 3905 — Instructions on separate issues of guilt and insanity; instructions on verdicts
• § 3906 — Domestic violence offenses
• § 3910 — Definitions
• § 3911 — Human immunodeficiency virus (HIV) testing at the request of the victim
• § 3912 — Test result not a public record
• § 3913 — Test results; notification to Department of Correction; counseling; cost; notice of appeal not to automatically stay order for HIV testing
• § 3914 — [Transferred.] Subchapter III Mandatory Testing of Offenders Charged With Assault or Related Offenses Against Law-Enforc
• § 3915 — Scope
• § 3916 — Petition and hearing
• § 3917 — Notice provided
• § 3918 — Positive results; counseling; costs
• § 401 — Mental illness or psychiatric disorder
• § 402 — Rules to prescribe procedures for psychiatric examination; testimony of psychiatrist or other expert
• § 403 — Verdict of “not guilty by reason of insanity;” commitment to Delaware Psychiatric Center of persons no longer endangering the public safety; periodic review of commitments to Delaware Psychiatric Center; participation of patient in treatment program
• § 404 — Confinement in Delaware Psychiatric Center of persons too mentally ill to stand trial; requiring State to prove prima facie case in such circumstances; adjustment of sentences
• § 405 — Confinement in Delaware Psychiatric Center of persons developing mental illness after conviction but before sentencing; adjustment of sentences
• § 406 — Transfer of convicted persons becoming mentally disabled from prison to Delaware Psychiatric Center; appointment of physicians to conduct inquiry; expenses of transfer
• § 408 — Verdict of “guilty, but mentally ill” — Sentence; confinement; discharge from treating facility
• § 409 — Verdict of “guilty, but mentally ill” — Parole; probation
• § 4101 — Payment of fines, fees, costs, assessments, and restitution on conviction
• § 4102 — Payment of costs upon acquittal
• § 4103 — Refund of fines upon reversal of conviction
• § 4104 — Fines, fees, costs, assessments, or restitution; how collected; suspending driver’s license for nonpayment prohibited
• § 4105 — Default in payment of fine; inability to pay
• § 4106 — Restitution for property damage or loss
• § 4107 — Annual report
• § 4110 — Purpose; created
• § 4111 — Use
• § 4112 — Source of funds
• § 4113 — Disbursement of funds [For application of this section, see 80 Del
• § 4114 — Accounting of funds; permissible types of investigative activities
• § 4115 — Review [For application of this section, see 80 Del
• § 4116 — Excess funds
• § 4120 — Registration of sex offenders
• § 4120A — (2) “Sex offender” or “offender” means any person who has ever been convicted or adjudicated of an offense as defined in Title 11, §§ 761 and 4121(a)(4) of this title
• § 4121 — Community notification of sex offenders on probation, parole, conditional release, or release from confinement
• § 4122 — Transition provisions
• § 4123 — Juveniles adjudicated delinquent of sex offenses
• § 4130 — Definitions
• § 4131 — Animal abuse offender list; public website
• § 4132 — Rules
• § 4133 — Early removal
• § 4201 — Transition provisions
• § 4202 — Classification of misdemeanors
• § 4203 — Violations
• § 4204 — Authorized disposition of convicted offenders
• § 4204A — Youth convicted in Superior Court
• § 4205 — Sentence for felonies
• § 4205A — Additional penalty for serious sex offenders or pedophile offenders
• § 4206 — Sentence for misdemeanors
• § 4207 — Sentences for violations
• § 4208 — Fines for organizations
• § 4209 — Punishment for first-degree murder committed by adult offenders
• § 4209A — Punishment for first-degree murder committed by juvenile offenders
• § 421 — Voluntary intoxication
• § 4210 — Arrest and disposition of intoxicated persons
• § 4211 — Payment of expenses
• § 4212 — Definitions relating to §§ 4210 and 4211
• § 4213 — Arrest of persons under the influence of drugs; drug detoxification centers
• § 4214 — Habitual criminal; life sentence (a) Any person who has been 2 times convicted of a Title 11 violent felony, or attempt to commit such a violent felony, as defined in § 4201(c) of this title under the laws of this State, and/or any comparable violent felony as defined by another state, United States
• § 4215 — Sentence of greater punishment because of previous conviction
• § 4215A — Sentence of greater punishment because of previous conviction under prior law or the laws of other jurisdictions
• § 4216 — Transition provisions
• § 4217 — Jurisdiction over sentence retained; sentence modification process
• § 4218 — Probation before judgment
• § 4219 — Continuous Remote Alcohol Monitoring Program
• § 422 — Intoxication not mental illness
• § 4220 — Modification, suspension or reduction of sentence for substantial assistance
• § 4221 — Modification, deferral, suspension or reduction of sentence for serious physical illness, injury or infirmity
• § 423 — Involuntary intoxication as a defense
• § 424 — Definitions relating to intoxication
• § 4301 — Purposes and construction
• § 4302 — Definitions
• § 431 — Duress as affirmative defense; defense unavailable in certain situations
• § 432 — Entrapment as affirmative defense; defense unavailable in certain situations
• § 4321 — Probation and parole officers
• § 4322 — Protection of records
• § 4331 — Presentence investigation; victim-impact statement
• § 4332 — Conditions of probation or suspension of sentence; house arrest
• § 4332A — Imposition of community service
• § 4333 — Period of probation or suspension of sentence; termination
• § 4334 — Arrest for violation of conditions; subsequent disposition
• § 4335 — Presentence investigations; Superior Court; Court of Common Pleas; Investigative Services Officers
• § 4336 — Community notice of offenders on probation, parole, conditional release, or release from confinement
• § 4341 — Selection, appointment and removal of Board of Parole
• § 4342 — Adequate quarters; personnel; seal
• § 4343 — Duties
• § 4344 — Compensation and expenses
• § 4345 — Information on applications for parole and review to be provided by Chairperson
• § 4346 — Eligibility for parole
• § 4347 — Parole authority and procedure
• § 4348 — Release upon merit and good behavior credits
• § 4349 — Information from the Department and others
• § 4350 — Conduct of hearings on applications for parole
• § 4351 — Witnesses; production of records
• § 4352 — Return of violator of parole; procedure and action on violation
• § 4353 — Mental health evaluations required prior to parole
• § 4354 — Applicability to sentences imposed pursuant to truth in sentencing
• § 4358 — Terms of the compact between the states
• § 4359 — Short title
• § 4359A — State Council for Interstate Adult Offender Supervision
• § 4361 — Board of Pardons; attendance of victims and witnesses
• § 4362 — Mental health examinations
• § 4363 — Request for advice from Board of Parole
• § 4364 — Effect of pardon; restoration of civil rights
• § 4371 — Statement of policy
• § 4372 — Applicability; definitions; effect of expungement
• § 4373 — Mandatory expungement; application through SBI