Del. Code tit. 11 § 9401

Current through 2024 Legislative Session Act Chapter 531

Section 9401 - Definitions

As used in this chapter, unless the context otherwise requires:

(1) "Court" means the Superior Court, Family Court, Court of Common Pleas and the Justice of the Peace Court.

(2) "Crime" means an act or omission committed by a person, whether or not competent or an adult, which, if committed by a competent adult, is punishable by incarceration and which violates 1 or more of the following sections of this title:

601. Offensive touching; unclassified misdemeanor.

602. Menacing; unclassified misdemeanor.

603. Reckless endangering in the second degree; class A misdemeanor.

604. Reckless endangering in the first degree; class E felony.

611. Assault in the third degree; class A misdemeanor.

612. Assault in the second degree; class D felony.

613. Assault in the first degree; class C felony.

621. Terroristic threatening.

628A. Vehicular assault in the second degree; class B misdemeanor.

629. Vehicular assault in the first degree; class A misdemeanor.

630. Vehicular homicide in the second degree; class F felony; minimum sentence; juvenile offenders.

631. Criminally negligent homicide; class E felony.

631A. Vehicular homicide in the first degree; class E felony; minimum sentence; juvenile offenders.

632. Manslaughter; class C felony.

635. Murder in the second degree; class B felony.

636. Murder in the first degree; class A felony.

645. Promoting suicide; class F felony.

764. Indecent exposure in the second degree; unclassified misdemeanor.

765. Indecent exposure in the first degree; class A misdemeanor.

766. Incest; class A misdemeanor.

767. Unlawful sexual contact in the third degree; class A misdemeanor.

768. Unlawful sexual contact in the second degree; class G felony.

769. Unlawful sexual contact in the first degree; class F felony.

Former 770. Unlawful sexual penetration in the third degree; class E felony.

Former 771. Unlawful sexual penetration in the second degree; class D felony.

Former 772. Unlawful sexual penetration in the first degree; separate charges; class C felony.

Former 773. Unlawful sexual intercourse in the third degree; class C felony.

Former 774. Unlawful sexual intercourse in the second degree; class B felony.

Former 775. Unlawful sexual intercourse in the first degree; class A felony.

770. Rape in the fourth degree; class C felony.

771. Rape in the third degree; class B felony.

772. Rape in the second degree; class B felony.

773. Rape in the first degree; class A felony.

781. Unlawful imprisonment in the second degree; class A misdemeanor.

782. Unlawful imprisonment in the first degree; class G felony.

783. Kidnapping in the second degree; class C felony.

783A. Kidnapping in the first degree; class B felony.

785. Interference with custody; class G felony; class A misdemeanor.

787 Trafficking of an Individual, Forced Labor and Sexual Servitude

801. Arson in the third degree; affirmative defense; class G felony.

802. Arson in the second degree; affirmative defense; class D felony.

803. Arson in the first degree; class C felony.

811. Criminal mischief; felony.

823. Criminal trespass in the first degree; class A misdemeanor.

824. Burglary in the third degree; class F felony.

825. Burglary in the second degree; class D felony.

826. Burglary in the first degree; class C felony.

826A. Home invasion; class B felony.

831. Robbery in the second degree; class E felony.

832. Robbery in the first degree.

835. Carjacking in the second degree; class E felony, class D felony.

836. Carjacking in the first degree, class C felony; class B felony.

840. Shoplifting; class G felony; class A misdemeanor.

841. Theft; class G felony; class A misdemeanor.

846. Extortion; class E felony.

848. Misapplication of property; class G felony; class A misdemeanor.

851. Receiving stolen property; class G felony; class A misdemeanor.

854. Identity theft; class E felony; class D felony.

861. Forgery; class F felony; class G felony; class A misdemeanor; restitution required.

900. Issuing a bad check; class A misdemeanor; class G felony.

903. Unlawful use of payment card; class G felony; class A misdemeanor.

OFFENSES RELATING TO CHILDREN AND VULNERABLE ADULTS

1101. Abandonment of child; class A misdemeanor.

1102. Endangering the welfare of a child; class A misdemeanor or higher.

1103. Child abuse in the fourth degree; class A misdemeanor.

1103A. Child abuse in the third degree; class D felony.

1103B. Child abuse in the second degree; class B felony.

1103C. Child abuse in the first degree; class A felony.

1103D. Child torture; a class B felony.

1103E. Continuous child abuse; class G or B felony.

1105. Crime against a vulnerable adult; class A misdemeanor or higher.

1108. Sexual exploitation of a child; class B felony.

1112A. Sexual solicitation of a child; class C felony; class B felony.

1112B. Promoting sexual solicitation of a child; class C felony; class B felony.

1261. Bribing a witness; class E felony.

1263. Tampering with a witness; class E felony.

1263A. Interfering with child witness.

1264. Bribing a juror; class E felony.

1312. Aggravated harassment; class B misdemeanor.

1312A. Stalking; class F felony.

1339. Adulteration; class G felony; class E felony; class A felony.

2113. Penalties for noncompliance with conditions of recognizance; bond or conditions.

3532. Act of intimidation; class E felony.

3533. Aggravated act of intimidation; class D felony.

(3) "Member of the victim's family" means the spouse, a child by birth or adoption, a stepchild, a parent, a stepparent, a sibling or an individual designated by the victim or by a court in which the crime is being or could be prosecuted, but does not include an individual who is accountable for the crime or a crime arising from the same conduct, criminal episode or plan.

(4) "Person" means an individual, corporation, statutory trust, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision, agency or instrumentality or any other legal or commercial entity.

(5) "Prosecutor" means a representative of the office of the Attorney General.

(6) "Representative of the victim" means a member of the victim's family or an individual designated by the victim or by a court in which the crime is being or could be prosecuted.

(7) "Victim" means the person, organization, partnership, business, corporation, agency or governmental entity identified as the victim of a crime in a police report, a criminal complaint or warrant, an indictment or information or other charging instrument. "Victim" includes a parent, guardian or custodian of a victim who is unable to meaningfully understand or participate in the legal process due to physical, psychological or mental impairment. "Victim" includes the following relations of a deceased victim if the relation is not the defendant, codefendant or conspirator:

a. The spouse;

b. An adult child or stepchild;

c. A parent; or

d. A sibling.

e. "Victim" includes qualifying neighborhood or homeowners associations as defined by § 9419 of this title.

(8) "Witness" means any person other than a law-enforcement officer or probation officer who has knowledge of the existence or nonexistence of any fact related to any crime, or any person who has reported any crime to any law-enforcement officer or probation officer, or any person other than a law-enforcement officer or probation officer who has been designated for service with a subpoena issued by any court or by the Attorney General, or any person other than a law-enforcement officer or probation officer who would be believed by any reasonable person to be an individual described by this subsection.

11 Del. C. § 9401

Amended by Laws 2023, ch. 126,s 11, eff. 7/31/2023.

Amended by Laws 2015, ch. 175,s 10, eff. 9/3/2015.

Amended by Laws 2013, ch. 276,s 6, eff. 6/30/2014.

Amended by Laws 2013, ch. 260,s 11, eff. 6/19/2014.

68 Del. Laws, c. 445, §1; 69 Del. Laws, c. 167, §1; 70 Del. Laws, c. 101, § 1; 71 Del. Laws, c. 176, § 22; 71 Del. Laws, c. 285, §§ 22, 23; 71 Del. Laws, c. 467, § 11; 72 Del. Laws, c. 34, § 7; 72 Del. Laws, c. 211, § 1; 72 Del. Laws, c. 297, § 3; 73 Del. Laws, c. 255, § 5; 73 Del. Laws, c. 329, § 53; 77 Del. Laws, c. 416, § 1; 78 Del. Laws, c. 168, § 8; 78 Del. Laws, c. 252, § 14.;