A person is guilty of criminal solicitation in the third degree
when, intending that another person engage in conduct constituting
a misdemeanor, the person solicits, requests, commands, importunes
or otherwise attempts to cause the other person to engage in conduct
that would constitute the misdemeanor or an attempt to commit the
misdemeanor or which would establish the other's complicity in its
commission or attempted commission.
Criminal solicitation in the third degree is a Class A misdemeanor.
[1]
Editor's Note: See 11 Del. C. § 501.
A person is guilty of conspiracy in the third degree when, intending
to promote or facilitate commission of a misdemeanor, the person:
(1)
Agrees with another person or persons that they or one or more of
them will engage in conduct constituting the misdemeanor or an attempt
or solicitation to commit the misdemeanor; or
(2)
Agrees to aid another person or persons in the planning or commission
of the misdemeanor or an attempt or solicitation to commit the misdemeanor,
and the person or another person with whom the person conspired commits
an overt act in pursuance of the conspiracy.
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Conspiracy in the third degree is a Class A misdemeanor.
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[1]
Editor's Note: See 11 Del. C. § 511.
A person is guilty of an attempt to commit a crime if the person:
(1)
Intentionally engages in conduct which would constitute the crime
if the attendant circumstances were as the person believes them to
be; or
(2)
Intentionally does or omits to do anything which, under the circumstances
as the person believes them to be, is a substantial step in a course
of conduct planned to culminate in the commission of the crime by
the person. A "substantial step" is an act or omission which leaves
no reasonable doubt as to the defendant's intention to commit the
crime which the defendant is charged with attempting.
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Attempt to commit a crime is an offense of the same grade and
degree as the offense.
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[1]
Editor's Note: See 11 Del. C. § 531.
(a)
A person is guilty of offensive touching when the person:
(1)
Intentionally touches another person with a part of his body
or with any instrument, with reasonable presumption that the action
is likely to cause offense or alarm to such other person; or
(2)
Intentionally projects to another person saliva, urine, feces
or any other bodily fluid, knowing that the action is thereby likely
to cause offense or alarm to such other person.
(a)
When charged with a violation of Paragraph (a)(2) of this section,
the defendant shall be tested for diseases transmittable through bodily
fluids; the costs of such tests shall be assessed to the defendant,
upon conviction.
(b)
The results of such tests shall be provided only to the Attorney
General, the victim of the offense, the defendant and the Department
of Corrections' medical care provider.
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A violation of Paragraph (a)(1) of this section shall be a Class
B misdemeanor. If the offensive touching victim is a police officer,
beach patrol member, parking enforcement officer, Town building official,
ambulance attendant, EMT, volunteer fire fighter, Alderman, Assistant
Alderman, Town Solicitor or Prosecutor or other Town employee or law
enforcement animal the offense is a Class A misdemeanor.
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[1]
Editor's Note: See 11 Del. C. § 601.
A person is guilty of menacing when by some movement of a person's
body or any instrument, that person intentionally places another person
in fear of imminent physical injury.
Menacing is a Class B misdemeanor.
[1]
Editor's Note: See 11 Del. C. § 602.
A person is guilty of reckless endangering in the second degree
when:
(A)
The person recklessly engages in conduct which creates a substantial
risk of physical injury to another person; or
(B)
Being a parent, guardian or other person legally charged with the
care or custody of a child less than 18 years old, the person knowingly,
intentionally or with criminal negligence acts in a manner which contributes
to or fails to act to prevent the unlawful possession and/or purchase
of a firearm by a juvenile. It shall be an absolute defense to this
paragraph if the person charged had a lock on the trigger and did
not tell or show the juvenile where the key to the trigger lock was
kept. It shall also be an absolute defense to this paragraph if the
person had locked the firearm in a key or combination locked container
and did not tell or show the juvenile where the key was kept or what
the combination was.
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Reckless endangering in the second degree is a Class A misdemeanor.
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[1]
Editor's Note: See 11 Del. C. § 603.
A person is guilty of assault in the third degree when:
(1)
The person intentionally or recklessly causes physical injury to
another person; or
(2)
With criminal negligence the person causes physical injury to another
person by means of a deadly weapon or a dangerous instrument.
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Assault in the third degree is a Class A misdemeanor.
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[1]
Editor's Note: See 11 Del. C. § 611.
(a)
A person is guilty of terroristic threatening when that person commits
any of the following:
(1)
The person threatens to commit any crime likely to result in
death or in serious injury to person or property;
(2)
The person makes a false statement or statements:
a.
Knowing that the statement or statements are likely to cause
evacuation of a building, place of assembly, or facility of public
transportation;
b.
Knowing that the statement or statements are likely to cause
serious inconvenience; or
c.
In reckless disregard of the risk of causing terror or serious
inconvenience; or
(3)
The person commits an act with intent of causing an individual
to believe that the individual has been exposed to a substance that
will cause the individual death or serious injury.
(b)
Any violation of Paragraph (a)(1) of this section shall be a Class
A misdemeanor except where the victim is a person 62 years of age
or older, in which case any violation of Paragraph (a)(1) of this
section shall be a Class G felony. Notwithstanding any provision of
this subsection to the contrary, a first offense of Paragraph (a)(2)
of this section by a person 17 years old or younger shall be a Class
A misdemeanor.
(c)
In addition to the penalties otherwise authorized by law, any person
convicted of an offense in violation of Paragraph (a)(2) of this section
shall:
(d)
In addition to the penalties otherwise authorized by law, any person
convicted of an offense in violation of Paragraph (a)(3) of this section
shall pay a fine of not less than $2,000, which fine cannot be suspended.
[1]
Editor's Note: See 11 Del. C. § 621.
A person is guilty of unlawfully administering drugs when, for
a purpose other than lawful medical or therapeutic treatment, the
person intentionally causes stupor, unconsciousness or other alteration
of the physical or mental condition of another person by administering
to the other person, without consent, a drug.
Unlawfully administering drugs is a Class A misdemeanor.
[1]
Editor's Note: See 11 Del. C. § 625.
No person shall:
(1)
Intentionally smell or inhale the vapors or fumes from any substance
having the property of releasing vapors or fumes for the purpose of
producing a condition of intoxication, inebriation, exhilaration,
stupefaction or lethargy or for the purpose of dulling the brain or
nervous system; provided that nothing in this section shall prohibit
the inhalation of the vapors or fumes of any anesthesia for medical
or dental purposes;
(2)
Sell or offer to sell to any person any material, product or article
of commerce containing any substance having a property of releasing
vapors or fumes, if the person has knowledge or is in the possession
of such facts that the person should have knowledge that the material,
product or article of commerce sold or offered will be used for the
purpose of committing any of the acts proscribed in Paragraph (1)
of this section;
(3)
Purchase or offer to purchase for the person or any other person
any material, product or article of commerce containing any substance
having the property of releasing vapors and fumes if such purchase
or offer to purchase is made for the purpose of committing any of
the acts proscribed in Paragraph (1) of this section.
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Any violation of this section shall be a Class B misdemeanor.
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[1]
Editor's Note: See 11 Del. C. § 627.
A person is guilty of vehicular assault in the second degree
when:
(1)
While in the course of driving or operating a motor vehicle, the
person's negligent driving or operation of said vehicle causes physical
injury to another person; or
(2)
While in the course of driving or operating a motor vehicle and under
the influence of alcohol or drugs or with a prohibited alcohol or
drug content, the person's negligent driving or operation of said
vehicle causes physical injury to another person.
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Vehicular assault in the second degree is a Class B misdemeanor.
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[1]
Editor's Note: See 11 Del. C. § 628.
A person is guilty of sexual harassment when:
(a)
The person threatens to engage in conduct likely to result in the
commission of a sexual offense against any person; or
(b)
The person suggests, solicits, requests, commands, importunes or
otherwise attempts to induce another person to have sexual contact
or sexual intercourse or unlawful sexual penetration with the actor,
knowing that the actor is thereby likely to cause annoyance, offense
or alarm to that person.
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Sexual harassment is a Class B misdemeanor.
|
[1]
Editor's Note: See 11 Del. C. § 763.
(a)
A male is guilty of indecent exposure in the second degree if he
exposes his genitals or buttocks under circumstances in which he knows
his conduct is likely to cause affront or alarm to another person.
(b)
A female is guilty of indecent exposure in the second degree if she
exposes her genitals, breast or buttocks under circumstances in which
she knows her conduct is likely to cause affront or alarm to another
person.
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Indecent exposure in the second degree is a Class B misdemeanor.
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[1]
Editor's Note: See 11 Del. C. § 764.
(a)
A male is guilty of indecent exposure in the first degree if he exposes
his genitals or buttocks to a person who is less than 16 years of
age under circumstances in which he knows his conduct is likely to
cause affront or alarm.
(b)
A female is guilty of indecent exposure in the first degree if she
exposes her genitals, breast or buttocks to a person who is less than
16 years of age under circumstances in which she knows her conduct
is likely to cause affront or alarm.
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Indecent exposure in the first degree is a Class A misdemeanor.
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[1]
Editor's Note: See 11 Del. C. § 765.
A person is guilty of unlawful sexual contact in the third degree
when the person has sexual contact with another person or causes the
victim to have sexual contact with the person or a third person and
the person knows that the contact is either offensive to the victim
or occurs without the victim's consent.
Unlawful sexual contact in the third degree is a Class A misdemeanor.
[1]
Editor's Note: See 11 Del. C. § 767.
A person is guilty of unlawful imprisonment in the second degree
when the person knowingly and unlawfully restrains another person.
Unlawful imprisonment in the second degree is a Class A misdemeanor.
[1]
Editor's Note: See 11 Del. C. § 781.
(a)
A person is guilty of reckless burning or exploding when the person
intentionally starts a fire or causes an explosion, whether on the
person's own property or on another's private, semi-private or public
property, and thereby places a building, real or personal property
of his own or of another in danger of destruction or damage or places
a person in danger of physical injury.
|
Reckless burning or exploding is a Class A misdemeanor, where
the total amount of pecuniary loss caused by the burning or exploding
is less than $1,500.
|
[1]
Editor's Note: See 11 Del. C. § 804.
A person is guilty of criminal mischief when the person intentionally
or recklessly:
(1)
Damages tangible property of another person;
(2)
Tampers with tangible property of another person so as to endanger
person or property;
(3)
Tampers or makes connection with tangible property of a gas, electric,
steam or waterworks corporation, telegraph or telephone corporation
or other public utility, except that in any prosecution under this
subsection it is an affirmative defense that the accused engaged in
the conduct charged to constitute an offense for a lawful purpose.
|
Criminal mischief is a Class A misdemeanor if the actor causes
pecuniary loss in excess of $1,000;
|
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Otherwise, criminal mischief is a Class B misdemeanor.
|
[1]
Editor's Note: See 11 Del. C. § 811.
(a)
A person is guilty of the act of graffiti when the person intentionally,
knowingly or recklessly draws, paints, etches or makes any significant
mark or inscription upon any public or private, real or personal property
of another without the permission of the owner.
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Graffiti is a Class A misdemeanor when the property damage caused
thereby is under $1,500. The penalty for graffiti shall include a
fine which shall not be subject to suspension, plus restitution for
damages to the property and community service which shall be served
removing graffiti on property.
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|
The penalty for graffiti shall include a minimum fine of not
less than $1,000, which shall not be subject to suspension, restitution
for damages to the property and 250 hours of community service, at
least half of which shall be served removing graffiti on public property.
The minimum fine and community service hours shall be doubled for
a second or subsequent conviction of an act of graffiti. The minimum
fine and community service hours shall be doubled for a second thereafter
and doubled again for any subsequent conviction of an act of graffiti.
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(b)
A person is guilty of possession of graffiti implements when the
person possesses any tool, instrument, article, substance, solution
or other compound designed or commonly used to etch, paint, cover,
draw upon or otherwise place a mark upon a piece of property which
that person has no permission or authority to etch, paint, cover,
draw upon or otherwise mark, under circumstances evidencing an intent
to use the same in order to commit an act of graffiti or damage such
property.
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Possession of graffiti implements is a Class B misdemeanor.
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The penalty for possession of graffiti implements shall include
a minimum fine of not less than $500, which shall not be subject to
suspension, and 100 hours of community service. The minimum fine and
community service hours shall be doubled for a second thereafter and
doubled again for any subsequent conviction of an act of graffiti.
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[1]
Editor's Note: See 11 Del. C. § 812.
A person is guilty of trespassing with intent to peer or peep
into a window or door of another when the person knowingly enters
upon the occupied property or premises of another, utilized as a dwelling,
with intent to peer or peep into the window or door of such property
or premises. A person violating this section may be referred by the
court to the Delaware Psychiatric Center for examination and for treatment.
Trespassing with intent to peer or peep is a Class B misdemeanor.
[1]
Editor's Note: See 11 Del. C. § 820.
A person is guilty of criminal trespass in the third degree
when the person knowingly enters or remains unlawfully upon real property.
Criminal trespass in the third degree is a violation.
[1]
Editor's Note: See 11 Del. C. § 821.
A person is guilty of criminal trespass in the second degree
when the person knowingly enters or remains unlawfully in a building
or upon real property which is fenced or otherwise enclosed in a manner
manifestly designed to exclude intruders.
Criminal trespass in the second degree is a Class B misdemeanor.
[1]
Editor's Note: See 11 Del. C. § 822.
A person is guilty of criminal trespass in the first degree
when the person knowingly enters or remains unlawfully in a dwelling
or other building.
Criminal trespass in the first degree is a Class A misdemeanor.
[1]
Editor's Note: See 11 Del. C. § 823.
(a)
A person is guilty of shoplifting if, while in a mercantile establishment
in which goods, wares or merchandise are displayed for sale, the person:
(1)
Removes any such goods, wares or merchandise from the immediate
use of display or from any other place within the establishment, with
intent to appropriate the same or to deprive the business of the use
or the value thereof without paying the value thereof; or
(2)
Obtains possession of any goods, wares or merchandise by paying
with the use of a credit card, or by check of another person, without
the authority of that person or of a fictitious person with intent
to appropriate the goods, wares or merchandise; or
(3)
Conceals any such goods, wares or merchandise with intent to
appropriate the same or deprive the business of the use or the value
without paying the value thereof; or
(4)
Alters, removes or otherwise disfigures any label, price tag
or marking upon any such goods, wares or merchandise with intent to
appropriate the same or to deprive the business of the use or the
value thereof without paying the value thereof; or
(5)
Transfers any goods, wares or merchandise from a container in
which same shall be displayed or packaged to any other container with
intent to appropriate the same or to deprive the business of the use
or the value thereof without paying the value thereof; or
(6)
Uses a credit slip or any instrument whatsoever or chose in
action to return any goods, wares or merchandise with intent to return
same in a manner and purpose so as to deprive the business of the
value thereof.
(b)
Any person willfully concealing unpurchased merchandise of any store or other mercantile establishment, inside or outside of the store or other mercantile establishment, shall be presumed to have so concealed such merchandise with the intention of converting the same to the person's own use without paying the purchase price thereof within the meaning of Subsection (a) of this section, and the finding of such merchandise concealed upon the person or among the belongings of such person, outside the store or other mercantile establishment, shall be presumptive evidence of intentional concealment; and if such person conceals or causes to be concealed such merchandise upon the person or among the belongings of himself or another, the finding of the same shall also be presumptive evidence of intentional concealment on the part of the person so concealing such merchandise.
(c)
A merchant, a store supervisor, agent or employee of the merchant 18 years of age or older, who has probable cause for believing that a person has intentionally concealed unpurchased merchandise or has committed shoplifting as defined in Subsection (a) of this section, may, for the purpose of summoning a law enforcement officer, take the person into custody and detain the person in a reasonable manner on the premises for a reasonable time and manner.
(d)
A merchant, a store supervisor, agent or employee of the merchant 18 years of age or older who detains or who causes or provides information leading to the arrest of any person under Subsection (a), (b) or (c) of this section shall not be held civilly or criminally liable for such detention or arrest, provided he had, at the time of such detention or arrest, probable cause, supported by information and belief, that the person committed the crime of shoplifting as defined in Subsection (a) of this section.
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Shoplifting is a Class A misdemeanor when the value is less
than $1,500.
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[1]
Editor's Note: See 11 Del. C. § 840.
(A)
A person is guilty of theft when the person takes, exercises control
over or obtains property of another person intending to deprive that
person of it or appropriate it.
(B)
A person is guilty of theft if the person, in any capacity, legally
receives, takes, exercises control over or obtains property of another
which is the subject of theft, and fraudulently converts same to the
person's own use.
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Theft is a Class A misdemeanor.
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Upon conviction, the sentencing judge shall require full restitution
to the victim for any monetary losses suffered and shall consider
the imposition of community service and/or an appropriate curfew for
a minor.
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[1]
Editor's Note: See 11 Del. C. § 841.
(a)
A person is guilty of "theft: organized retail crime" when the person
takes, exercises control over, or obtains retail merchandise of another
person intending to deprive that person of it, or receives stolen
property in quantities that would not normally be purchased for personal
use or consumption, with the intent to appropriate or to resell or
reenter the merchandise into commerce.
(b)
For purposes of this section, a series of organized retail crime
thefts committed by a person or group of persons may be aggregated
into one count or charge, with the sum of the value of all the retail
merchandise being the value considered in determining the degree of
theft: organized retail crime.
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Theft: organized retail crime is a Class A misdemeanor.
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[1]
Editor's Note: See 11 Del. C. § 841B.
(A)
A person is guilty of theft of rental property if the person, with
intent, takes, destroys, converts, wrongfully withholds or appropriates
by fraud, deception, threat, false token, false representation or
statement, or by any trick, contrivance or other device to avoid payment
for or to otherwise appropriate rental property entrusted to said
person. For purposes of this section, "property" shall include the
use of vehicles or other movable property.
(B)
If the finder of fact shall find:
(1)
That one who has leased or rented the personal property of another
failed to return or make arrangements acceptable to the rentor (lessor)
to return the property to the rentor or the rentor's agent within
10 days after proper notice, following the expiration of the rental
(lease) contract; and/or
(2)
That one who has leased or rented the personal property of another
and has returned such property failed to make payment, at the agreed
rental rate, for the full period which the property was rented or
leased, except when said person has a good faith dispute with the
owner of the rental property as to whether any payment, or additional
payment, is due to the owner of the rental property; and/or
(3)
That the rentee (lessee) presented identification to the rentor
which was materially false, fictitious or not current with respect
to name, address, place of employment or other appropriate items,
then the finder of fact shall be permitted, but not required, to presume
intent to commit theft.
(C)
As used in Subsection (b) of this section, "proper notice" shall consist of a written demand by the rentor made after the expiration of the rental period mailed by certified or registered mail to the rentee at:
(D)
The reasonable and fair market value of the property obtained shall
be utilized in determining the amount involved in the theft.
(E)
The following three factors, if established by the rentee by a preponderance
of the evidence, shall constitute an affirmative defense to prosecution
for theft; that the rentee:
(1)
Accurately stated the rentee's name, address and other material
items of identification at the time of the rental;
(2)
Failed to receive the rentor's notice personally due in no significant
part to the fault of the rentee; and
(3)
Returned the personal property to the rentor or the rentor's
agent within 48 hours of the commencement of the prosecution, together
with any charges for the overdue period and the value of damages (if
any) to the property.
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Theft of rented property is a Class A misdemeanor.
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[1]
Editor's Note: See 11 Del. C. § 849.
A person is guilty of receiving stolen property if the person
intentionally receives, retains or disposes of property of another
person with intent to deprive the owner of it or to appropriate it,
knowing that it has been acquired under circumstances amounting to
theft, or believing that it has been so acquired.
Receiving stolen property is a Class A misdemeanor.
[1]
Editor's Note: See 11 Del. C. § 851.
A person is guilty of selling stolen property if, after the
person receives stolen property, the person sells some or all of the
stolen property received. A person may be convicted of both receiving
stolen property and selling stolen property.
Selling stolen property is a Class A misdemeanor.
[1]
Editor's Note: See 11 Del. C. § 852A.
A person is guilty of unauthorized use of a vehicle when:
(1)
Knowing that the person does not have the consent of the owner the
person takes, operates, exercises control over, rides in or otherwise
uses a vehicle;
(2)
Having custody of a vehicle pursuant to an agreement between the
person or another and the owner thereof whereby the person or another
is to perform for compensation a specific service for the owner involving
the maintenance, repair or use of the vehicle, the person intentionally
uses or operates it, without the consent of the owner, for the person's
own purposes in a manner constituting a gross deviation from the agreed
purpose;
(3)
Having custody of a vehicle pursuant to an agreement with its owner
whereby it is to be returned to the owner at a specified time, the
person intentionally retains or withholds possession thereof, without
the consent of the owner, for so lengthy a period beyond the specified
time as to render the retention or possession a gross deviation from
the agreement; or
(4)
Such person obtains possession or control over a vehicle, knowing
of the existence of a creditor or creditors who are entitled to receive
payments on a debt where such vehicle is the only security or represents
the major portion of the creditor's security, and such person transfers
or purports to transfer the vehicle and responsibility for making
payments on such vehicle to a third party, whether or not such third
party continues or resumes payment to the creditor or creditors.
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Unauthorized use of a vehicle is a Class A misdemeanor.
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[1]
Editor's Note: See 11 Del. C. § 853.
A person is guilty of offering a false instrument for filing
when, knowing that a written instrument contains a false statement
or false information, the person offers or presents the same to a
public office or a public servant with the knowledge or belief that
it will be filed with, registered or recorded in or otherwise become
a part of the records of the public office or public servant, thereby
intending to defraud the state, the Town of Dewey Beach or another
person.
Offering a false instrument for filing is a Class A misdemeanor.
[1]
Editor's Note: See 11 Del. C. § 877.
A person is guilty of bribing when:
(1)
The person offers, confers or agrees to confer any benefit upon any
employee, agent or fiduciary without the consent of the latter's employer
or principal, with intent to influence the latter to take some action
with regard to the latter's employer's or principal's affairs which
would not be warranted upon reasonable consideration of the factors
which that person should have taken into account; or
(2)
The person offers, confers or agrees to confer any benefit upon a
duly appointed representative of a labor organization or duly appointed
trustee or representative of an employee welfare trust fund, with
intent to influence the latter in respect to any of that person's
acts, decisions or duties as a representative or trustee; or
(3)
The person offers, confers or agrees to confer any benefit upon a
participant in a sports contest, with intent to influence that participant
not to give the best effort in a sports contest; or
(4)
The person offers, confers or agrees to confer any benefit upon an
official in a sports contest, with intent to influence the official
to perform duties improperly.
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Bribery is a Class A misdemeanor.
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[1]
Editor's Note: See 11 Del. C. § 881.
(a)
A person is guilty of issuing a bad check when the person issues
or passes a check knowing that it will not be honored by the person,
bank or financial institution drawn upon. For the purpose of this
section, as well as in any prosecution for theft committed by means
of a bad check, it is prima facie evidence of knowledge that the check
(other than a postdated check) would not be honored that:
(1)
The issuer had no account with the institution at the time the
check was issued; or
(2)
Payment was refused by the institution upon presentation because
the issuer had insufficient funds or credit, and the issuer failed
to make good within 10 days after receiving notice of that refusal.
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Issuing a bad check is a Class A misdemeanor.
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[1]
Editor's Note: See 11 Del. C. § 900.
(a)
A person is guilty of unlawful use of a credit card when the person
uses or knowingly permits or encourages another to use a credit card
for the purpose of obtaining goods, wares or merchandise, property
or services having reasonable knowledge of belief that:
[1]
Editor's Note: See 11 Del. C. § 903.
A person is guilty of criminal impersonation when the person:
(1)
Impersonates another person and does an act in an assumed character
intending to obtain a benefit or to injure or defraud another person;
or
(2)
Pretends to be a representative of some person or organization and
does an act in a pretended capacity with intent to obtain a benefit
or to injure or defraud another person; or
(3)
Pretends to be a public servant, or wears or displays without authority
any identification, uniform or badge by which a public servant is
lawfully distinguished or identified.
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Criminal impersonation is a Class A misdemeanor.
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[1]
Editor's Note: See 11 Del. C. § 907.
A person is guilty of giving unlawful gratuities when the person
knowingly offers, confers or agrees to confer any personal benefit
upon a public servant for engaging in official conduct which the public
servant is required or authorized to perform, and for which the public
servant is not entitled to any special or additional compensation.
Giving unlawful gratuities is a Class A misdemeanor.
[1]
Editor's Note: See 11 Del. C. § 1205.
A person is guilty of refusing to aid a police officer when,
upon command by a police officer identifiable or identified by the
officer as such, the person unreasonably fails or refuses to aid the
police officer in effecting an arrest, or in preventing the commission
by another person of any offense.
Refusing to aid a police officer is a Class B misdemeanor.
[1]
Editor's Note: See 11 Del. C. § 1241.
(a)
A person who complies by aiding a police officer, upon command, to
effect an arrest or prevent the commission of an offense, shall not
be held liable to any person for any damages resulting therefrom,
provided that the person employs means which would have been employed
by a reasonable person under the circumstances known to the person
at the time.
(b)
A duly licensed physician, medical technician or registered nurse
requested to withdraw blood from a person by a police officer so as
to prevent the loss of evidence of blood alcohol content or the presence
of drugs in the blood stream, and a hospital employing such physician,
technician or nurse, shall not be liable for civil damages for any
acts or omissions arising out of the taking of such sample, or the
reporting of the results to law enforcement officials.
[1]
Editor's Note: See 11 Del. C. § 1242.
A person is guilty of obstructing fire-fighting operations when
the person intentionally and unreasonably obstructs the efforts of
any fire fighter in extinguishing a fire, or prevents or dissuades
another person from extinguishing or helping to extinguish a fire.
Obstructing fire-fighting operations is a Class A misdemeanor.
[1]
Editor's Note: See 11 Del. C. § 1243.
(a)
A person is guilty of hindering prosecution when he knows a person
is being sought by law enforcement officers for the commission of
a crime, that he prevents, hinders or delays the discovery of or apprehension
of a person of interest or wanted in connection with that investigation
and:
(1)
Harbors or conceals the person; or
(2)
Warns the person of impending discovery or apprehension; or
(3)
Provides the person with money, transportation, weapon, disguise
or other means of avoiding discovery or apprehension; or
(4)
Prevents or obstructs, by means of force, intimidation or deception,
anyone from performing an act which might aid in the discovery or
apprehension of the person or in the lodging of a criminal charge
against the person; or
(5)
Suppresses, by an act of concealment, alteration or destruction,
any physical evidence which might aid in the discovery or apprehension
of the person or in the lodging of a criminal charge against the person;
or
(6)
Aids the person to protect or profit from an advantage derived
from the wanted person's crime or conduct.
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Hindering prosecution is a Class A misdemeanor.
|
[1]
Editor's Note: See 11 Del. C. § 1244.
A person is guilty of falsely reporting an incident when, knowing
the information reported, conveyed or circulated is false or baseless,
the person:
(1)
Initiates or circulates a false report or warning of or impending
occurrence of a fire, explosion, crime, catastrophe or emergency under
circumstances in which it is likely that public alarm or inconvenience
will result or that fire-fighting apparatus, ambulance or a rescue
vehicle might be summoned; or
(2)
Reports, by word or action, to any official or quasi-official agency
or organization having the function of dealing with emergencies involving
danger to life or property, an alleged occurrence or impending occurrence
of a fire, explosion or other catastrophe or emergency which did not
in fact occur or does not in fact exist; or
(3)
Reports to a law enforcement officer or agency:
a.
The alleged occurrence of an offense or incident which did not in
fact occur; or
b.
An allegedly impending occurrence of an offense or incident which
is not in fact about to occur; or
c.
False information relating to an actual offense or incident or to
the alleged implication of some person therein; or
d.
The alleged abduction of a child which would generate the activation
of a state-wide and interstate alert response and law enforcement
broadcast when such abduction has not, in fact, occurred.
(4)
Without just cause, calls or summons by telephone, fire alarm system
or otherwise any fire-fighting apparatus, ambulance or rescue truck.
|
Falsely reporting an incident is a Class A misdemeanor.
|
[1]
Editor's Note: See 11 Del. C. § 1245.
(A)
A person is guilty of harassment of a law enforcement animal when
such person intentionally harasses, taunts, menaces, challenges or
alarms a law enforcement animal in such a manner as is likely to provoke
from such animal a violent, defensive or threatening response, such
as lunging, baring of teeth, kicking, spinning or jumping, if such
response from the animal causes alarm, distress, fear or risk of injury
to any person or to the animal.
|
Harassment of a law-enforcement animal is a violation.
|
(B)
A person is guilty of assault against a law enforcement animal when
such person intentionally or recklessly engages in conduct which creates
a substantial risk of physical injury or death to a law enforcement
animal, including, but not limited to, beating, poisoning or torturing
such animal.
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Assault against a law enforcement animal is a Class A misdemeanor.
|
[1]
Editor's Note: See 11 Del. C. § 1250.
A person is guilty of escape in the third degree when the person
escapes or fleas from custody and detention of a facility or a law
enforcement officer, or other authorized person charged with the custody
or detention of a person.
Escape in the third degree is a Class A misdemeanor.
[1]
Editor's Note: See 11 Del. C. § 1251.
(A)
A person is guilty of resisting arrest when a person intentionally
prevents, attempts to prevent or intentionally flees from a peace
officer effecting an arrest or detention of himself or another person.
(B)
A person is guilty of interfering with a police officer in the performance
of an official duty if he:
(a)
Participates, encourages, provokes or incites another to participate
in any overt verbal confrontation or action towards a police officer,
or
(b)
Fails to heed to the directive of a police officer, to do or
cease to do any act, once commanded by a police officer to do or refrain
from doing an action.
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Resisting arrest is a Class A misdemeanor.
|
|
Interfering with a peace officer is a violation.
|
[1]
Editor's Note: See 11 Del. C. § 1257.
A person is guilty of criminal contempt when the person engages
in any of the following conduct:
(1)
Disorderly, contemptuous or insolent behavior, committed during the
sitting of a court, or in its immediate view and presence, directly
tending to interrupt its proceedings or to impair the respect due
to its authority;
(2)
Breach of the peace, noise or other disturbance directly tending
to interrupt a court's proceedings;
(3)
Intentional disobedience or resistance to the process, injunction
or other mandate of a court;
(4)
Intentional failure to appear personally on a required date and time,
having been thereby been notified by court directive or notice or
order or by another lawful authority or upon condition that the person
will subsequently appear personally in connection with a criminal
action or proceeding, with or without surety or bond.
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Criminal contempt of court or proceeding is a Class B misdemeanor.
|
[1]
Editor's Note: See 11 Del. C. § 1271.
A person is guilty of criminal contempt of a domestic violence
protective order when the person knowingly violates or fails to obey
any provision of a protective order issued by the Family Court or
a court of any state, territory or Indian nation in the United States,
as long as such violation or failure to obey occurred in Delaware.
Criminal contempt of a domestic violence protective order is
a Class A misdemeanor.
[1]
Editor's Note: See 11 Del. C. § 1271A.
A person who commits criminal contempt may, in the discretion
of the court, be convicted and sentenced for that offense without
further criminal proceedings during or immediately after the termination
of the proceeding in which the act constituting criminal contempt
occurred.
[1]
Editor's Note: See 11 Del. C. § 1272.
A person is guilty of disorderly conduct when a person intentionally
causes a public nuisance, inconvenience, annoyance or alarm to any
other person, or creates a risk thereof or is injurious to the health,
decency or is offensive to the senses by:
a.
Engaging in fighting, violent, tumultuous or threatening behavior;
b.
Making an unreasonable noise or an offensively coarse utterance,
gesture or display, or addressing abusive language out loud or to
any person;
c.
Disturbing any lawful assembly or meeting of persons without lawful
authority;
d.
Obstructing vehicular or pedestrian traffic;
e.
Congregating with other persons in a public place and refusing to
comply with a lawful order of the police to disperse;
f.
Creating a hazardous or physically offensive condition which serves
no legitimate purpose;
g.
Urinating or defecating, out of doors in a public, private or semi-private
place not considered an actual toilet, bathroom, facility or other
structure, enclosed from public view, for the relief of such bodily
functions.
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Disorderly conduct is a Class B misdemeanor.
|
[1]
Editor's Note: See 11 Del. C. § 1301.
1.
Any person or persons, acknowledging responsibility as the owner,
occupant, renter, tenant, resident, leaseholder, lessee, or other
person having responsibility and present within a dwelling unit shall
be guilty of disorderly use of a dwelling if:
(1)
Any person makes or generates or continues to make or generate
any noise disturbance as defined in this section, or any loud and
raucous sound, so as to cause unreasonable annoyances and/or disturbance
to other persons of normal sensitivities living or located on adjacent
parcels or in adjacent dwelling units, upon receipt of a registered
police complaint, once being warned to cease and desist such noise
disturbance.
(2)
Any person makes or generates or continues to make or generate
any noise disturbance, as defined in this section, or any loud and
raucous sound, so as to cause unreasonable annoyances and/or disturbance
to other persons of normal sensitivities and audible from 50 feet
or more from the property boundary of the dwelling unit, with or without
a complaint if the noise disturbance, loud and raucous sound or unreasonable
annoyances and/or disturbance is committed within the presence of
a peace officer.
(3)
Any person makes or generates or continues to make or generate
any noise disturbance, as defined in this section, or operates a sound
amplifier, or any electronic equipment which emanates sound, so as
to be audible from any location, upon an adjacent parcel or an adjacent
dwelling unit or from any location beyond the property boundary, at
a sound level higher than the permitted decibel levels, as defined
in this section, between the regulated hours of the day, as herein
defined in this section. The sound level described hereinabove shall
be determined by a Dewey Beach police officer utilizing a properly
calibrated sound-level meter, calibrated pursuant to standards established
by the American National Standards Institute and operated by an officer
who has been certified by ANSI to operate the sound-level meter.
(4)
Any person present within a dwelling unit creates a substantial
risk of physical injury to himself and/or other persons either directly
or indirectly while occupying a dwelling unit or upon the balconies,
decks, stairs, porches and roof(s) thereof.
2.
Copies of this section to be provided to tenants. Owners and agents
of rented or leased dwelling units shall provide a copy of this section
to the tenant or tenants of each dwelling unit located within the
Town of Dewey Beach at the time of executing a lease for said unit.
3.
Penalty - Class B misdemeanor. Any person found guilty of violating
a provision of this section shall be fined not less than $300 nor
more than $500 for the first offense. Subsequent convictions within
one year may be fined up to double the previous fine for conviction.
4.
Dewey Beach licensing violation. Any owner, or any agent of an owner or either or both, of a dwelling unit located within Dewey Beach may be subject to termination of a rental license and/or the real estate agent's business license. Subsequent to two convictions of § 85-1301A, associated with a particular address, within 365 days of the previous conviction, notwithstanding that the occupant so charged with a violation, the owner of the dwelling unit and/or the real estate agent of record for the owner shall be notified by the Town Manager, by certified mail within 10 days, excluding Saturday and Sunday, of each conviction of an occupant or persons present within the dwelling unit charged with the violation. The notification, procedural, and appeal rules associated with the suspension and/or revocation of a business license shall be as set forth in the Code of the Town of Dewey Beach.
5.
Civil penalty. The Town may elect, at its option, in addition to the license suspension or revocation, to take action to evict any person forthwith, so convicted of a second offense in violation of § 85-1301A, within any one summer season.
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Disorderly use of a dwelling a Class B misdemeanor.
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Definitions.[1]
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(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.
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Harassment is a Class A misdemeanor.
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[1]
Editor's Note: See 11 Del. C. § 1311.
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 or substance 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 Class B misdemeanor.
[1]
Editor's Note: See 11 Del. C. § 1315.
(1)
Whoever, being a license holder, owner or an employee of an
establishment that sells, provides or delivers alcoholic liquor, the
sale or delivery of which is authorized by law to be sold and purchased
by removal for later consumption (liquor store) or for drinking in
the establishment (bar, taproom, restaurant), sells, provides or delivers
alcoholic liquor to any person who has not reached the age of 21 years
shall be guilty of a criminal misdemeanor.
(2)
Whoever, being the license holder, owner or an employee of an
establishment that sells, provides or delivers alcoholic liquor, admits
or permits any individual under the age of 21 years to be admitted
or remain in such establishment when it is expressly prohibited by
any local or state law shall be guilty of a criminal misdemeanor.
(3)
Whoever, being over the age of 21, provides alcoholic liquor
to a person under the age of 21 years shall be guilty of a criminal
misdemeanor.
(4)
Any person under the age of 21 years who knowingly makes a false
statement or presents identification, to the effect that he is 21
years of age or older, to any person engaged in the sale or distribution
of alcoholic liquor for the purpose of obtaining the same shall be
guilty of a criminal misdemeanor. The purpose being thwarted shall
not mitigate the violation from having been attempted.
(5)
In defense of any violation brought under Subsection A(1), (2)
or (3), the burden shall be upon the defendant to prove that he had
reasonable and just cause to believe that the person to whom the alcoholic
liquor was sold, provided to or who was permitted to remain in an
establishment had reached the age of 21 years.
[Amended 5-14-2021 by Ord. No. 766]
(6)
Nothing
in this section shall prevent the employment of a person, 18 years
of age, in a restaurant serving alcoholic liquors, provided that such
person shall not be engaged in the sale or service of alcoholic liquor.
[Added 5-14-2021 by Ord. No. 766]
(7)
Nothing
in this section shall prevent the employment of any person, 19 years
of age or older, to legally serve alcoholic liquors to patrons of
a restaurant licensed to sell and provide alcoholic liquors.
[Added 5-14-2021 by Ord. No. 766]
(8)
A
violation of Subsection A(1), (2) or (3) shall be a Class A misdemeanor;
a violation of Subsection A(4) shall be a Class B misdemeanor.
[Added 5-14-2021 by Ord. No. 766]
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.
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Loitering is a violation.
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[1]
Editor's Note: See 11 Del. C. § 1321.
B.
Curfew hours; exceptions.
(1)
No minor shall remain in or upon any public place between the
hours of 11:00 p.m. and 5:00 a.m. of the following day, official Town
time, except that on Fridays and Saturdays, the hours shall be from
12:00 midnight to 5:00 a.m.
(2)
The provisions of this section shall not apply to any minor
who is accompanied by a parent, or to a minor who is upon legitimate
business directed by such minor's parent or to any minor who is engaged
in gainful, lawful employment, or en route directly to or from employment,
during the curfew hours.
(3)
This section shall not apply when a minor is returning home
by way of a direct route from any work or recreational activity that
is sponsored by an educational, religious, governmental or nonprofit
organization when such returning is within 60 minutes following the
termination of the activity.
C.
Unlawful conduct of parents.
(1)
No parent shall knowingly permit any minor to remain in or upon
any public place between the hours of 11:00 p.m. and 5:00 a.m. of
the following day, official Town time, except that on Fridays and
Saturdays, the hours shall be from 12:00 midnight and 5:00 a.m. Any
parent who has received the notice of a minor's having been issued
a summons pursuant to this section may be charged with a violation
of this section.
(2)
Notice to parent.
(a)
Whenever a summons has been issued to a minor for a curfew violation,
notice shall be given to the parent of the minor.
(b)
Such notice shall be given either by personal delivery thereof
to the parent or by deposit of such notice in the United States mail
in an envelope with postage prepaid, addressed to such parent at his
or her address as shown by records of the Police Department, including
information of the State Motor Vehicle Division. The giving of notice
by mail is complete upon the expiration of four days after such deposit
of such notice. Proof of the giving of notice by personal delivery
or by mail may be made by the certificate of any officer or employee
of the department or affidavit of any person over 18 years of age,
naming the person to whom such notice was given and specifying the
time, place and manner of giving thereof.
(3)
The provisions of this section shall not apply to any parent
who accompanies a minor or to a parent who directs a minor upon an
errand or other legitimate business, or to any parent of a minor who
is engaged in gainful, lawful employment during the curfew hours.
D.
Violations, referrals, opportunity to explain conduct and penalties.
(1)
Procedures. Any police officer who finds a minor violating any
provisions of this section shall obtain such information from such
minor as to his name and address, age and the name of his parent or
parents. The officer shall make every reasonable effort to contact
the minor's parent(s) if the minor is to be detained or arrested.
The minor shall thereupon be instructed to proceed to his home forthwith.
A police officer may thereafter, in accordance with the provisions
of this section, charge the minor with a curfew violation, and may
charge the minor's parent(s), as the case may be, with violation(s)
of the provisions of this section. The Family Court of the state shall
have concurrent criminal jurisdiction in all proceedings concerning
alleged violations of this section.
(2)
Penalties.
(a)
Minor child. Any minor child who violates any provisions of
this section shall be fined in an amount not to exceed $100.
(b)
Parents. Any parent who violates any provisions of this section
after having received notice of a prior violation shall be fined in
an amount not to exceed $100 and costs for each violation.
(3)
Separate offense. Any violation of any provisions of this section
shall constitute a separate offense.
(4)
Explanation; defenses. No arrest of any minor, or parent, or operator shall be made for a violation of this section unless the arresting officer first affords the person the opportunity to explain his or her conduct, and no person shall be convicted of a violation of this section if it is determined at trial that the explanation so given was true and disclosed a lawful purpose. More specifically, it is a defense to prosecution under Subsection D(1) that the minor was:
(a)
Accompanied by the minor's parent or guardian;
(b)
On an errand at the direction of the minor's parent or guardian,
without any detour or stop;
(c)
In a motor vehicle involved in interstate travel;
(d)
Engaged in an employment activity, or going to or returning
home from an employment activity, without any detour or stop;
(e)
Involved in an emergency;
(f)
On the sidewalk abutting the minor's residence or abutting the
residence of a next door neighbor if the neighbor did not complain
to the Police Department about the minor's presence;
(g)
Attending an official school, religious, governmental, or other
activity supervised by adults and sponsored by the Town, a civic association,
or another similar entity that takes responsibility for the minor,
or going to or returning home from, without any detour or stop, an
official school, religious, governmental, or other recreational activity
supervised by adults and sponsored by the Town, a civic organization,
or another similar entity that takes responsibility for the minor;
(h)
Exercising First Amendment rights protected by the United States
Constitution, such as the free exercise of religion, freedom of speech,
and the right of assembly; or
(i)
Married or had status of minority removed in accordance with
state law.
A person is guilty of criminal nuisance when:
(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.
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Criminal nuisance is a Class B misdemeanor.
|
[1]
Editor's Note: See 11 Del. C. § 1322.
(A)
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 willfully enters upon
or tampers with or obstructs any public utility right-of-way.
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Obstructing a public passage is a violation.
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(B)
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.
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Obstructing ingress to or egress from public buildings is a
Class B misdemeanor.
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This section shall not apply to lawful picketing or to picketing
for any lawful union objective.
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[1]
Editor's Note: See 11 Del. C. § 1323.
(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 or victim of such acts is intended to be any child of such
parent or guardian who has not yet reached that child's 18th 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 peace officers in the performance of their duties.
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Any violation of this section shall be a Class A misdemeanor.
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[1]
Editor's Note: See 11 Del. C. § 1335.
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.
[1]
Editor's Note: See 11 Del. C. § 1341.
A person is guilty of prostitution or patronizing a prostitute
when a person engages in or agrees or offers to engage in sexual conduct
with another person in return for a fee.
Whenever any vehicle is used in connection with the offense
of prostitution, it may forthwith be seized and taken into custody
by the police officer having knowledge of the facts of such use.
Prostitution is a Class A misdemeanor.
[1]
Editor's Note: See 11 Del. C. § 1342.
(a)
A person is guilty of carrying a concealed dangerous instrument when
the person carries concealed a dangerous instrument upon or about
the person.
(b)
It shall be a defense that the defendant was carrying the concealed
dangerous instrument for a specific lawful purpose and that the defendant
had no intention of causing any physical injury or threatening the
same.
(c)
For the purposes of this section, disabling chemical spray, as defined
in 11 Del. C. § 222, shall not be considered to be a dangerous
instrument.
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Carrying a concealed dangerous instrument is a Class A misdemeanor.
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[1]
Editor's Note: See 11 Del. C. § 1443.
(a)
It is unlawful for any person to use, or possess with intent to use, any drug paraphernalia, except that any person charged under § 4764(a), (b), or (d) of the Uniform Controlled Substances Act of Delaware, or assessed a civil penalty under § 4764(c) of the Uniform Controlled Substances Act of Delaware, or assessed a civil penalty under § 80-13.1 of the Dewey Beach Code shall not also be charged with this offense if in possession of drug paraphernalia pertaining to the use of marijuana.
[Amended 7-8-2016 by Ord.
No. 734]
(b)
It is unlawful for any person to deliver, possess with intent to
deliver, convert, manufacture, convey, sell or offer for sale drug
paraphernalia knowing or under circumstances where one should reasonably
know that it will be used to plant, propagate, cultivate, grow, harvest,
manufacture, compound, convert, produce, process, prepare, test, analyze,
pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise
introduce into the human body a controlled substance.
(c)
For the purposes of this subchapter, the term "drug paraphernalia"
means all equipment, products and materials of any kind which are
used, intended for use, or designed for use in planting, propagating,
cultivating, growing, harvesting, manufacturing, compounding, converting,
producing, processing, preparing, testing, analyzing, packaging, repackaging,
storing, containing, concealing, injecting, ingesting, inhaling, or
otherwise introducing into the human body a controlled substance in
violation of the Uniform Controlled Substances Act of Delaware. It
includes, but is not limited to:
(1)
Kits used, intended for use, or designed for use in planting,
propagating, cultivating, growing or harvesting of any species of
plant which is a controlled substance or from which a controlled substance
can be derived;
(2)
Kits used, intended for use, or designed for use in manufacturing,
compounding, converting, producing, processing, or preparing controlled
substances;
(3)
Isomerization devices used, intended for use, or designed for
use in increasing the potency of any species of plant which is a controlled
substance;
(4)
Testing equipment used, intended for use, or designed for use
in identifying or in analyzing the strength, effectiveness or purity
of controlled substances;
(5)
Scales and balances used, intended for use, or designed for
use in weighing or measuring controlled substances;
(6)
Diluents or adulterants, such as quinine hydrochloride, mannitol,
mannite, dextrose and lactose, used, intended for use, or designed
for use in cutting controlled substances;
(7)
Separation gins and sifters used, intended for use, or designed
for use in removing twigs and seeds from or otherwise cleaning or
refining marijuana;
(8)
Blenders, bowls, containers, spoons and mixing devices used,
intended for use, or designed for use in compounding controlled substances;
(9)
Capsules, balloons, envelopes and other containers used, intended
for use, or designed for use in packaging small quantities of controlled
substances;
(10)
Containers and other objects used, intended for use, or designed
for use in storing or concealing controlled substances;
(11)
Hypodermic syringes, needles or other objects used, intended
for use, or designed for use in parenterally injecting controlled
substances into the human body;
(12)
Objects used, intended for use, or designed for use in ingesting,
inhaling, or otherwise introducing marijuana, cocaine, hashish or
hashish oil into the human body, such as:
a.
Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes
with or without screens, permanent screens, hashish heads or punctured
metal bowls;
b.
Water pipes;
c.
Carburetion tubes and devices;
d.
Smoking and carburetion maskes;
e.
Roach clips, meaning objects used to hold burning material,
such as a marijuana cigarette, that has become too small or too short
to be held in the hand;
f.
Miniature cocaine spoons and cocaine vials;
g.
Chamber pipes;
h.
Carburetor pipes;
i.
Electric pipes;
j.
Air-driven pipes;
k.
Chillums;
l.
Bongs; and
m.
Ice pipes or chillers.
[1]
Editor's Note: See 16 Del. C. § 4771.
In determining whether or not an object is drug paraphernalia,
a court or other authority shall consider, in addition to all other
logically relevant factors, the following:
(1)
Statements by an owner or by anyone in control of the object, concerning
its use;
(2)
The proximity of the object, in time and space, to a direct violation
of this chapter;
(3)
The proximity of the object to controlled substances;
(4)
The existence of any residue of a controlled substance on the object;
(5)
Direct or circumstantial evidence of the intent of an owner, or of
anyone in control of the object, to deliver it to persons whom the
owner knows, or should reasonably know, intend to use the object to
facilitate a violation of this chapter. The innocence of an owner,
or of anyone in control of the object, as to a direct violation of
this chapter shall not prevent a finding that the object is intended
for use, or designed for use, as drug paraphernalia;
(6)
Instructions (oral or written) provided with the object, concerning
its use;
(7)
Descriptive materials accompanying the object which explain or depict
its use;
(8)
National and local advertising concerning its use;
(9)
The manner in which the object is displayed for sale;
(10)
Whether or not the owner, or anyone in control of the object,
is a legitimate supplier of like or related items to the community,
such as a licensed distributor or dealer of tobacco products;
(11)
Direct or circumstantial evidence of the ratio of sales of the
suspect object to the total sales of the business enterprise;
(12)
The existence and scope of legitimate uses for the object in
the community; and
(13)
Expert testimony concerning its use.
[1]
Editor's Note: See 16 Del. C. § 4772.
(1)
Any person authorized by local, state or federal law to manufacture,
possess or distribute such items; or
(2)
Any item that in the normal lawful course of business is imported,
exported, transported or sold and traditionally intended for use with
tobacco products, including any pipe, paper or accessory.
|
Possession of any drug paraphernalia is a Class A misdemeanor.
|
[1]
Editor's Note: See 16 Del. C. § 4773.
