Delaware Code — 11
Browse 348 sections in division 11 of the Delaware code. Each section page includes the full statutory text, official source links, and citation guidance.
Sections (showing up to 300)
- § 101. Short title.
- § 102. Applicability to offenses committed prior to July 1, 1973.
- § 103. Applicability to offenses committed after July 1, 1973.
- § 201. General purposes.
- § 202. All offenses defined by statute.
- § 203. Principles of construction.
- § 204. Territorial applicability.
- § 205. Time limitations.
- § 206. Method of prosecution when conduct constitutes more than 1 offense.
- § 207. When prosecution is barred by former prosecution for the same offense.
- § 208. When prosecution is barred by former prosecution for different offense.
- § 209. Former prosecution in another jurisdiction; when a bar.
- § 210. Former prosecution before court lacking jurisdiction or when fraudulently procured by defendant.
- § 211. Repeal of statutes as affecting existing liabilities.
- § 221. Principles of definitions.
- § 222. General definitions.
- § 223. Words of gender or number.
- § 224. Valuation of property.
- § 231. Definitions relating to state of mind.
- § 232. Definition relating to elements of offense.
- § 233. Definition and classification of offenses.
- § 234. Definition of terms requiring certain sentences.
- § 241. Conviction to precede punishment.
- § 242. Requirements for criminal liability in general.
- § 243. Definition of “voluntary act.”
- § 251. Proof of state of mind required unless otherwise provided; strict liability.
- § 252. Prescribed state-of-mind requirement applies to all material elements.
- § 253. Substitutes for criminal negligence, recklessness and knowledge.
- § 254. Conditional intention.
- § 255. Knowledge of high probability.
- § 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.
- § 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.
- § 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.
- § 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.
- § 421. Voluntary intoxication.
- § 422. Intoxication not mental illness.
- § 423. Involuntary intoxication as a defense.
- § 424. Definitions relating to intoxication.
- § 431. Duress as affirmative defense; defense unavailable in certain situations.
- § 432. Entrapment as affirmative defense; defense unavailable in certain situations.
- § 441. Ignorance or mistake of fact as defense.
- § 451. Consent of victim to acts not involving physical injury as defense.
- § 452. Consent of victim to inflictions of physical injury as defense.
- § 453. Circumstances negativing consent as defense.
- § 454. Knowledge of victim’s age.
- § 461. Justification — A defense.
- § 462. Justification — Execution of public duty.
- § 463. Justification — Choice of evils.
- § 464. Justification — Use of force in self-protection.
- § 465. Justification — Use of force for the protection of other persons.
- § 466. Justification — Use of force for the protection of property.
- § 467. Justification — Use of force in law enforcement.
- § 468. Justification — Use of force by persons with special responsibility for care, discipline or safety of others.
- § 469. Justification — Person unlawfully in dwelling.
- § 470. Provisions generally applicable to justification.
- § 471. Definitions relating to justification.
- § 472. Mitigating factors and defenses based on a victim’s sexual orientation, sex, gender, gender identity, or sex assigned at birth.
- § 475. Immunity as an affirmative defense.
- § 476. Racketeering activities; excluded defenses.
- § 477. Organized crime; renunciation.
- § 1501. Statement of purpose.
- § 1502. Definitions.
- § 1503. Violations.
- § 1504. Criminal penalties.
- § 1505. Civil remedies.
- § 1506. Forfeiture proceedings.
- § 1507. Racketeering lien notice; lis pendens; construction of section.
- § 1508. Term of lien notice.
- § 1509. Investigative powers of Attorney General.
- § 1510. Registration of foreign corporations.
- § 1511. Use of property and funds for law-enforcement purposes.
- § 1701. Benefit of clergy.
- § 1702. Information against organization; process.
- § 1703. Definitions
- § 2101. Purposes of this chapter [Effective until Feb. 1, 2027].
- § 2101. Purposes of this chapter [Effective Feb. 1, 2027].
- § 2102. Definitions [Effective until Feb. 1, 2027].
- § 2102. Definitions [Effective Feb. 1, 2027].
- § 2103. Persons charged with a capital crime [Effective until Feb. 1, 2027].
- § 2103. Persons charged with a capital crime [Effective Feb. 1, 2027].
- § 2103A. Detention of youth charged with Superior Court offenses [Repealed].
- § 2104. Release of defendants charged with any other crime [Effective until Feb. 1, 2027].
- § 2104. Release of defendants charged with a noncapital crime [Effective Feb. 1, 2027].
- § 2105. Release pursuant to a conditions of release bond or conditions of release bond not guaranteed by financial terms [Effective until Feb. 1, 2027].
- § 2105. Release under a conditions of release bond or conditions of release bond not guaranteed by financial terms [Effective Feb. 1, 2027].
- § 2106. Posting of operator’s license as security for court appearance [Repealed].
- § 2107. Determining the amount of bail [Effective until Feb. 1, 2027].
- § 2107. Determining the amount of bail [Effective Feb. 1, 2027].
- § 2108. Conditions for release [Effective until Feb. 1, 2027].
- § 2108. Conditions for release [Effective Feb. 1, 2027].
- § 2109. Failure to provide a conditions of release bond, whether guaranteed by financial terms or not, or consent to conditions; contact with victim or victim’s family [Effective until Feb. 1, 2027].
- § 2109. Failure to provide a conditions of release bond, whether guaranteed by financial terms or not, or consent to conditions; contact with victim or victim’s family [Effective Feb. 1, 2027].
- § 2110. Modification of bail, security or conditions of release and sanctions for violation [Effective until Feb. 1, 2027].
- § 2110. Modification of bail, security or conditions of release and sanctions for violation [Effective Feb. 1, 2027].
- § 2111. Procedure for pretrial release or implementing this chapter.
- § 2112. Bail after transfer to another court or after conviction [Effective until Feb. 1, 2027].
- § 2112. Bail after transfer to another court or after conviction [Effective Feb. 1, 2027].
- § 2113. Penalties for noncompliance with conditions of release bond [Effective until Feb. 1, 2027].
- § 2113. Penalties for noncompliance with conditions of release bond [Effective Feb. 1, 2027].
- § 2114. Administration of this chapter [Effective until Feb. 1, 2027].
- § 2114. Administration of this chapter [Effective Feb. 1, 2027].
- § 2115. Forfeiture and default of bail bonds [Effective until Feb. 1, 2027].
- § 2115. Forfeiture and default of bail bonds [Effective Feb. 1, 2027].
- § 2116. Revocation of bail upon subsequent arrest [Effective until Feb. 1, 2027].
- § 2116. Preventive detention [Effective Feb. 1, 2027].
- § 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.
- § 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.
- § 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
- § 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.
- § 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.
- § 4501. Formal defects and clerical errors.
- § 4502. Stay of execution on writ of error or certiorari; requirements.
- § 4503. Convictions before alderman or mayor; advising accused of right to trial by Court of Common Pleas.
- § 4504. Postconviction remedy.
- § 5301. General provisions.
- § 5302. Rules of criminal procedure.
- § 5303. Election by accused to have case tried by Court when proceeding brought before justice of the peace.
- § 5304. Contempt; issuance of process in aid of jurisdiction.
- § 5305. Bail and commitment upon election to trial by Court.
- § 5306. Witness fees.
- § 5307. Legal counsel for public officers and employees.
- § 5308. Preliminary hearing.
- § 5901. Advising accused of right to trial by Court of Common Pleas.
- § 5902. Assault; trial procedure.
- § 5903. Arrest upon complaint; escaped persons.
- § 5904, 5905. §§ 5904, 5905. Arrest of drunkards and profane swearers; Sunday hearing of motor vehicle, motorboat, fish and game and Criminal Code violations [Repealed].
- § 5906. Examination of law-enforcement officer’s warrant of arrest; form.
- § 5907. Disposition of complaint by third person of an assault and battery [Repealed].
- § 5908. Execution of warrant of arrest.
- § 5909. Proceedings on arrest.
- § 5910. Use of audiovisual devices.
- § 5911. Procedure where probable ground for accusation is found.
- § 5912. Subpoenas and warrants in criminal cases; enforcement.
- § 5913. Endorsing names of witnesses on commitments and recognizances.
- § 5914. Transcripts of docket entries.
- § 5915. Fines, costs and restitution; collection and disposition.
- § 5916. Collecting costs according to statute; acting as collecting agent; penalties [Repealed].
- § 5917. Jurisdiction over violations of ordinances, codes and regulations of the governments of the several counties and municipalities; penalty; appeal; disposition of fines.
- § 5918. Records of warrants and bonds.
- § 5919. Legal counsel for public officers and employees [Repealed].
- § 5920. Appeals.
- § 6601. Findings and purposes.
- § 6602. Definitions.
- § 6603. Use of restraints on pregnant prisoners; other prohibitions.
- § 6604. Enforcement.
- § 6605. Annual report.
- § 6701. Findings and purposes.
- § 6702. Definitions.
- § 6703. “Violent crime” defined.
- § 6704. Establishment of boot camp programs.
- § 6705. Sentencing; boot camp designation.
- § 6706. Criteria for selection and classification by the Bureau.
- § 6707. Contract; admission into the program.
- § 6708. Evaluation of program participants.
- § 6709. Conduct and administration of boot camp program.
- § 6710. Sanctions; removal from the program.
- § 6711. Aftercare; intensive parole supervision.
- § 6712. First offender boot camp diversion program [Repealed].
- § 8101. Declaration of policy.
- § 8102. Procedure for certain seized, recovered firearms, shell casings.
- § 8201. Appointment and classification; primary duty.
- § 8202. Powers and duties of Capitol Police; local police officers assisting Capitol Police.
- § 8203. Salaries.
- § 8204. Uniforms.
- § 8205. Capitol Police stations; location, staff and equipment.
- § 8401. Definitions.
- § 8402. Members of Commission.
- § 8403. Organization of Commission.
- § 8404. Powers and duties [Effective until Feb. 20, 2027].
- § 8404. Powers and duties [Effective Feb. 20, 2027].
- § 8404A. Hearings.
- § 8405. Mandatory training; exceptions.
- § 8407. Compensation.
- § 8408. Appropriations.
- § 8409. Reimbursement [For application of this section, see 84 Del. Laws, c. 52, § 2].
- § 8410. Uncertified police officers.
- § 8411. Transition and continuity.
- § 8601. Purpose.
- § 8602. Definitions.
- § 8603. Board of Managers — Established; purpose; composition; term of office; staff; powers.
- § 8604. Board of Managers — Duty to ensure compliance with statute.
- § 8605. Rules and regulations.
- § 8606. Office of the Director; function and duties.
- § 8607. Violations and investigations.
- § 8608. Authorized users.
- § 8609. Denial of appointment, etc., to position allowing access to criminal history record information [Repealed].
- § 8610. Access to Criminal Justice Information System; conditions.
- § 8611. Agency agreements.
- § 8700. Mission statement.
- § 8701. Created; composition; compensation.
- § 8702. Meetings; quorum; committees; procedure.
- § 8703. Officers.
- § 8704. Powers and duties.
- § 8705. Officials to furnish information.
- § 8706. Criminal justice agencies and courts to provide assistance.
- § 8707. Annual report; quarterly reports.
- § 8708. Public hearings.
- § 8709. Executive Director; staff.
- § 8801. Definitions.
- § 8802. Employment of pensioners.
- § 8803. Garnishment and assignment of benefits prohibited.
- § 8804. Waiver of benefits.
- § 8805. Optional participation of counties and municipalities.
- § 8806. Powers and duties of the Board.
- § 8811. Mandatory retirement.
- § 8812. Retirement option.
- § 8813. Eligibility for service pension.
- § 8814. Vesting rights; return to service.
- § 8815. Eligibility for disability pension.
- § 8816. Payment of service pension.
- § 8817. Payment of disability pension.
- § 8818. Amount of ordinary service pension.
- § 8819. Amount of unified service, disability or survivor pension.
- § 8820. Amount of duty-connected disability pension.
- § 8821. Amount of ordinary disability pension.
- § 8821A. Amount of ordinary service or disability pensions [For application of this section, see 79 Del. Laws, c. 315, § 10].
- § 8822. Ordinary survivor’s pension [For application of this section, see 79 Del. Laws, c. 315, § 10].
- § 8823. Death benefit.
- § 8824. Withdrawal benefit.
- § 8825. Adjustment of benefits.
- § 8826. Application for benefits.
- § 8841. Member contributions.
- § 8842. Employer contributions.
- § 8843. Fund established.
- § 8844. Employer pickup of member contributions.
- § 8845. Payment of benefits.
- § 8846. Burial benefits.
- § 8901. Established; employees.
- § 8902. Mission.
- § 8903. General powers and duties.
- § 8904. Access to information and data.
- § 8905. Criminal justice agencies and courts to provide assistance.
- § 9001. Declaration of purpose.
- § 9002. Definitions.
- § 9003. Advisory Council.
- § 9004. Functions of the Council.
- § 9005. Victims’ Compensation Assistance Program.
- § 9006. Function of the Agency.
- § 9007. Victims’ Compensation Assistance Program Appeals Board.
- § 9008. Function of the Appeals Board.
- § 9009. Administrative provisions; compensation.
- § 9010. Denial of claim; reduction.
- § 9011. Payment of compensation.
- § 9012. Form of claim; investigation—hearing.
- § 9013. Attorney fees.
- § 9014. Recovery from the criminal.
- § 9015. Assignment and subrogation.