24 Del. Admin. Code § 500-9.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 500-9.0 - Definitions

The following words and terms, when used in this regulation, should have the following meaning unless the context clearly indicates otherwise:

"Conviction", unless otherwise defined by specific statute, means a verdict of guilty by whether entered by a judge or jury, or a plea of guilty or a plea of nolo contendere or other similar plea such as a "Robinson" or "Alford" plea unless the individual has been discharged under § 4218 of Title 11 of the Delaware Code (probation before judgment) or under § 1024 of Title 10 (domestic violence diversion program) or by § 4764 of Title 16 (first offenders controlled substances diversion program).

"Substantially similar crimes in another State or Jurisdiction", shall include all crimes prohibited by or punishable under Title 18 of the United Stated Code Annotated (U.S.C.A.) such as, but not limited to, Federal Health Care offenses.

9.1 Any crime which involves the use of physical force or violence toward or upon the person of another and shall include by way of example and not of limitation the following crimes set forth in Title 11 of the Delaware Code Annotated:

Assaults and Related Offenses

9.1.1 §603. Reckless endangering in the second degree;

9.1.2 §604. Reckless endangering in the first degree;

9.1.3 §605. Abuse of a pregnant female in the second degree;

9.1.4 §606. Abuse of a pregnant female in the first degree;

9.1.5 §611. Assault in the third degree;

9.1.6 §612. Assault in the second degree;

9.1.7 §613. Assault in the first degree;

9.1.8 §614. Assault on a sports official.

9.1.9 §615. Assault by abuse or neglect;

9.1.10 §621. Terroristic threatening;

9.1.11 §625. Unlawfully administering drugs;

9.1.12 §626. Unlawfully administering controlled substance or counterfeit substance or narcotic drugs;

9.1.13 §628. Vehicular assault in the second degree;

9.1.14 §629. Vehicular assault in the first degree;

9.1.15 §630. Vehicular homicide in the second degree;

9.1.16 §630A. Vehicular homicide in the first degree;

9.1.17 §631. Criminally negligent homicide;

9.1.18 §632. Manslaughter;

9.1.19 §633. Murder by abuse or neglect in the second degree;

9.1.20 §634. Murder by abuse or neglect in the first degree;

9.1.21 §635. Murder in the second degree;

9.1.22 §636. Murder in the first degree;

Sexual Offenses

9.1.23 §763. Sexual harassment;

9.1.24 §765. Indecent exposure in the first degree;

9.1.25 §766. Incest;

9.1.26 §767. Unlawful sexual contact in the third degree;

9.1.27 §768. Unlawful sexual contact in the second degree;

9.1.28 §769. Unlawful sexual contact in the first degree;

9.1.29 §770. Rape in the fourth degree;

9.1.30 §771. Rape in the third degree;

9.1.31 §772. Rape in the second degree;

9.1.32 §773. Rape in the first degree;

9.1.33 § 774. Sexual extortion;

9.1.34 § 776. Continuous sexual abuse of a child;

9.1.35 §780. Female genital mutilation.

Kidnapping and Related Offenses

9.1.36 §781. Unlawful imprisonment in the second degree;

9.1.37 §782. Unlawful imprisonment in the first degree;

9.1.38 §783. Kidnapping in the second degree;

9.1.39 §783A. Kidnapping in the first degree;

9.1.40 §785. Interference with custody;

Coercion

9.1.41 §791. Acts constituting coercion;

9.2 Crimes of dishonesty or aberrant behavior:

Arson and Related Offenses

9.2.1 §801. Arson in the third degree;

9.2.2 §802. Arson in the second degree;

9.2.3 §803. Arson in the first degree;

Criminal Trespass and Burglary

9.2.4 §820. Trespassing with intent to peer or peep into a window or door of another;

9.2.5 §823. Criminal trespass in the first degree;

9.2.6 §824. Burglary in the third degree;

9.2.7 §825. Burglary in the second degree;

9.2.8 §826. Burglary in the first degree;

9.2.9 §828. Possession of burglar's tools or instruments facilitating theft;

Robbery

9.2.10 §831. Robbery in the second degree;

9.2.11 §832. Robbery in the first degree.

9.2.12 §835. Carjacking in the second degree;

9.2.13 §836. Carjacking in the first degree;

Theft and Related Offenses

9.2.14 §840. Shoplifting; class G felony;

9.2.15 §841. Theft;

9.2.16 §842. Theft; lost or mislaid property; mistaken delivery.

9.2.17 §843. Theft; false pretense.

9.2.18 §844. Theft; false promise.

9.2.19 §845. Theft of services.

9.2.20 §846. Extortion;

9.2.21 §851. Receiving stolen property;

9.2.22 §854. Identity theft;

Forgery and Related Offenses

9.2.23 §861. Forgery; class F felony;

9.2.24 §862. Possession of forgery devices;

Offenses Involving Falsification of Records

9.2.25 §871. Falsifying business records;

9.2.26 §873. Tampering with public records in the second degree;

9.2.27 §876. Tampering with public records in the first degree;

9.2.28 §877. Offering a false instrument for filing;

9.2.29 §878. Issuing a false certificate;

Bribery Not Involving Public Servants

9.2.30 §881. Bribery;

9.2.31 §882. Bribe receiving;

Frauds on Creditors

9.2.32 §891. Defrauding secured creditors;

9.2.33 §892. Fraud in insolvency;

Other Frauds and Cheats

9.2.34 §900. Issuing a bad check;

9.2.35 §903. Unlawful use of credit card;

9.2.36 §903A. Reencoder and scanning devices;

9.2.37 §906. Deceptive business practices;

9.2.38 §907. Criminal impersonation;

9.2.39 §907A. Criminal impersonation, accident related;

9.2.40 §907B. Criminal impersonation of a police officer;

9.2.41 §913. Insurance fraud;

9.2.42 §913A. Health care fraud;

9.3 Crimes involving children or animals:

Child Welfare; Sexual Offenses, Animal Offenses

9.3.1 §1100A. Dealing in children;

9.3.2 §1101. Abandonment of child;

9.3.3 §1102. Endangering the welfare of a child;

9.3.4 §1105. Crime against a vulnerable adult;

9.3.5 §1106. Unlawfully dealing with a child;

9.3.6 §1107. Endangering children;

9.3.7 §1108. Sexual exploitation of a child;

9.3.8 §1109. Unlawfully dealing in child pornography;

9.3.9 §1111. Possession of child pornography;

9.3.10 §1112. Sexual offenders; prohibitions from school zones.

9.3.11 §1112A. Sexual solicitation of a child;

9.3.12 §1113. Criminal non-support and aggravated criminal non-support.

9.3.13 §1325. Cruelty to animals;

9.3.14 §1326. Animals; fighting and baiting prohibited;

9.3.15 §1327. Maintaining a dangerous animal;

9.4 Crimes against public order:

Bribery and Improper Influence

9.4.1 §1201. Bribery;

9.4.2 §1203. Receiving a bribe;

9.4.3 §1207. Improper influence;

9.4.4 §1211. Official misconduct;

9.4.5 §1212. Profiteering.

Perjury and related offenses

9.4.6 §1221. Perjury in the third degree;

9.4.7 §1222. Perjury in the second degree;

9.4.8 §1223. Perjury in the first degree;

9.4.9 §1233. Making a false written statement;

9.4.10 §1239. Wearing a disguise during the commission of a felony;

9.4.11 §1240. Terroristic threatening of public officials or public servants;

9.4.12 §1243. Obstructing fire-fighting operations;

9.4.13 §1244. Hindering prosecution;

9.4.14 §1245. Falsely reporting an incident;

9.4.15 §1246. Compounding a crime;

9.4.16 §1249. Abetting the violation of driver's license restrictions;

9.4.17 §1250. Offenses against law-enforcement animals;

9.4.18 §1251. Escape in the third degree;

9.4.19 §1252. Escape in the second degree;

9.4.20 §1253. Escape after conviction;

9.4.21 §1254. Assault in a detention facility;

9.4.22 §1259. Sexual relations in detention facility;

Offenses Relating to Judicial and Similar Proceedings

9.4.23 §1261. Bribing a witness;

9.4.24 §1262. Bribe receiving by a witness;

9.4.25 §1263. Tampering with a witness;

9.4.26 §1263A. Interfering with child witness.

9.4.27 §1264. Bribing a juror;

9.4.28 §1265. Bribe receiving by a juror;

9.4.29 §1266. Tampering with a juror;

9.4.30 §1267. Misconduct by a juror;

9.4.31 §1269. Tampering with physical evidence;

9.4.32 §1271. Criminal contempt;

9.4.33 §1271A. Criminal contempt of a domestic violence protective order;

9.5 Crimes against public health and decency:

Disorderly Conduct and Related Offenses

9.5.1 §1304. Hate crimes;

9.5.2 §1312. Stalking;

9.5.3 §1312A. Stalking;

9.5.4 §1313. Malicious interference with emergency communications;

9.5.5 §1335. Violation of privacy;

9.5.6 §1338. Bombs, incendiary devices, Molotov cocktails and explosive devices;

9.5.7 §1339. Adulteration;

9.5.8 §1340. Desecration of burial place.

Offenses Involving Public Indecency

9.5.9 §1351. Promoting prostitution in the third degree;

9.5.10 §1352. Promoting prostitution in the second degree;

9.5.11 §1353. Promoting prostitution in the first degree;

Obscenity

9.5.12 §1361. Obscenity; acts constituting;

9.5.13 §1365. Obscene literature harmful to minors;

9.6 Drug related crimes:

9.6.1 §4751. Prohibited acts A;

9.6.2 §4752 (Former). Prohibited acts B;

9.6.3 §4752A. Unlawful delivery of noncontrolled substance.

9.6.4 §4753 (Former). Prohibited acts C.

9.6.5 §4753A. Trafficking in marijuana, cocaine, illegal drugs, methamphetamines, L.S.D., designer drugs.

9.6.6 §4754 (Former). Prohibited acts D;

9.6.7 §4754A. Possession and delivery of noncontrolled prescription drug.

9.6.8 §4755. Prohibited acts E;

9.6.9 §4761 (Former). Distribution to persons under 21 years of age;

9.6.10 §4761A. Purchase of drugs from minors;

9.6.11 §4767 (Former). Distribution, delivery, or possession of controlled substance within 1,000 feet of school property;

9.6.12 §4768 (Former). Distribution, delivery or possession of controlled substance in or within 300 feet of park, recreation area, church, synagogue or other place of worship.

9.6.13 Drug Dealing - Aggravated Possession; class B felony.16Del.C.§ 4752.

9.6.14 Drug Dealing - Aggravated Possession; class C felony.16Del.C.§ 4753.

9.6.15 Drug Dealing - Aggravated Possession; class D felony.16Del.C.§ 4754.

9.6.16 Drug Dealing - Aggravated Possession; class E felony.16Del.C.§ 4755.

9.6.17 Drug Dealing - Aggravated Possession; class F felony.16Del.C.§ 4756.

9.6.18 Prohibited acts under the Uniform Controlled Substances Act.16Del.C.§ 4756(a)(1)-(5) and (b).

9.6.19 Drug paraphernalia; felony.16Del.C.§ 4771(a) and (b).

9.7 Weapons related crimes:

Offenses Involving Deadly Weapons and Dangerous Instruments

9.7.1 §1442. Carrying a concealed deadly weapon;

9.7.2 §1443. Carrying a concealed dangerous instrument;

9.7.3 §1444. Possessing a destructive weapon;

9.7.4 §1445. Unlawfully dealing with a dangerous weapon;

9.7.5 §1446. Unlawfully dealing with a switchblade knife;

9.7.6 §1447. Possession of a deadly weapon during commission of a felony;

9.7.7 §1447A. Possession of a firearm during commission of a felony;

9.7.8 §1448. Possession and purchase of deadly weapons by persons prohibited;

9.7.9 §1448A. Criminal history record checks for sales or firearms;

9.7.10 §1449. Wearing body armor during commission of felony;

9.7.11 §1450. Receiving a stolen firearm;

9.7.12 §1451. Theft of a firearm;

9.7.13 §1454. Giving a firearm to person prohibited;

9.7.14 §1455. Engaging in a firearms transaction on behalf of another;

9.7.15 §1456. Unlawfully permitting a minor access to a firearm;

9.7.16 §1457. Possession of a weapon in a Safe School and Recreation Zone;

9.7.17 §1458. Removing a firearm from the possession of a law enforcement officer;

9.7.18 §1459. Possession of a weapon with a removed, obliterated or altered serial number;

Offenses Involving Organized Crime and Racketeering

9.7.19 §1504. Criminal Penalties for Organized Crime & Racketeering Offenses Involving Intimidation of Victims or Witnesses

9.7.20 §3533. Aggravated act of intimidation, Class D felony

9.7.21 §3532. Acts of Intimidation: Class E felony

Other Crimes

9.7.22 §3532. Act of intimidation;

9.7.23 §3533. Aggravated act of intimidation;

9.7.24 §3534. Attempt to intimidate;

9.7.25 Title 12 § 210. Alteration, theft or destruction of Will.

9.7.26 Title 16 § 1136. Abuse or neglect of a patient or resident of a nursing facility.

9.7.27 Title 21 § 2118A. Unlawful possession or manufacture of proof of insurance;

9.7.28 Title 23 § 2302. Operation of a vessel or boat while under the influence of intoxicating liquor and/or drugs; felony.

9.7.29 §4177. Driving a vehicle while under the influence or with a prohibited alcohol content; evidence; arrests; and penalties; felony

9.7.30 §4177M. Operating a commercial motor vehicle with a prohibited blood alcohol concentration or while impaired by drugs;

9.7.31 Title 30 § 571. Attempt to evade or defeat tax;

9.7.32 §572. Failure to collect or pay over tax;

9.7.33 §573. Failure to file return, supply information or pay tax;

9.7.34 §3913. Welfare violations [knowing or reckless abuse of an infirm adult]

9.8 Any crime which is a violation of Title 24, Chapter 5 as it may be amended from time to time or of any other statute which requires the reporting of a medical situation or condition to state, federal or local authorities or a crime which constitutes a violation of the Podiatric Practice Act of the state in which the conviction occurred or in which the physician is licensed.

9.9 The Board reserves the jurisdiction and authority to modify this regulation as and if it becomes necessary to either add or delete crimes including such additions as may be required on an emergency basis under 29 Del.C. § 10119 to address imminent peril to the public health, safety or welfare.

24 Del. Admin. Code § 500-9.0

8 DE Reg. 1273 (03/01/05)
11 DE Reg. 688 (11/01/07)
12 DE Reg. 817 (12/01/08)
16 DE Reg. 1195 (5/1/2013)
21 DE Reg. 582 (1/1/2018) (Final)