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Delaware State law
State law — Delaware
Offences by family
Against the person
Assault (aggravated) Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
Assault in the second degree — serious physical injury; injury by deadly weapon/dangerous instrument; injury to protected workers (Class D felony) (§ 612) Possibly — unconfirmed
- Imprisonment
- 0–8 years
- Fine
- None stated in the section
Assault in the first degree (Class B felony) (§ 613) Possibly — unconfirmed
- Imprisonment
- 2–25 years
- Fine
- None stated in the section
Class per § 9401 offence list — confirm against § 613 text.
Aggravated strangulation (Class D felony) (§ 607(d)) Possibly — unconfirmed
- Imprisonment
- 0–8 years
- Fine
- None stated in the section
Aggravated strangulation — causing serious physical injury or death (Class C felony) (§ 607(e)) Possibly — unconfirmed
- Imprisonment
- 0–15 years
- Fine
- None stated in the section
§ 613 text was not retrieved in session; the Class B grading is per the § 9401 offence list and needs official re-check. § 612 carries a Class C variant (trigger not verified — not tiered). Simple strangulation (§ 607) class was not retrieved; only aggravated strangulation is tiered below.
Assault (simple) Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
Assault in the third degree (Class A misdemeanor) (§ 611) Possibly — unconfirmed
- Imprisonment
- 0–1 year
- Fine
- $0–$2,300
Intentionally or recklessly causes physical injury; or with criminal negligence causes physical injury by a deadly weapon or dangerous instrument.
Offensive touching (§ 601) and menacing (§ 602) were not tiered.
Domestic violence Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
Criminal contempt of a domestic violence protective order (Class A misdemeanor) (§ 1271A(a)–(b)) Possibly — unconfirmed
- Imprisonment
- 0–1 year
- Fine
- $0–$2,300
Knowingly violating/failing to obey a provision of a Family Court (or qualifying out-of-state/Canadian) protective order. 15-day non-suspendable minimum applies if the contempt resulted in injury, involved use/threatened use of a deadly weapon or firearm, or the defendant has 2+ prior § 1271A convictions.
Criminal contempt of a domestic violence protective order — resulting in physical injury, or involving use/threatened use of a deadly weapon or firearm (Class F felony) (§ 1271A(b)–(c)) Possibly — unconfirmed
- Imprisonment
- 0–3 years
- Fine
- None stated in the section
15-day non-suspendable minimum applies.
10 Del.C. § 1046(i) also makes knowing violation of a protection from abuse order a Class A misdemeanor. First-time DV offenders may be eligible for diversion under 10 Del.C. § 1024 (conditions include a certified DV treatment program).
Homicide — manslaughter Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
Manslaughter (Class C felony) (§ 632) Possibly — unconfirmed
- Imprisonment
- 0–15 years
- Fine
- None stated in the section
Criminally negligent homicide (Class E felony) (§ 631) Possibly — unconfirmed
- Imprisonment
- 0–5 years
- Fine
- None stated in the section
Classes per the § 9401 offence list (LawServer mirror); § 632 text was not retrieved in session — confirm against official text. Murder by abuse or neglect (§§ 633–634) was not tiered.
Homicide — murder Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
Murder in the first degree — adult offender (§§ 636, 4209) Possibly — unconfirmed
- Imprisonment
- Life without parole
- Fine
- None stated
Imprisonment for the remainder of natural life without probation, parole or any other reduction.
Murder in the first degree — juvenile offender (under 18 at offence) (§ 4209A) Possibly — unconfirmed
- Imprisonment
- 25 years–life
- Fine
- None stated
25 years to life at Level V, without probation/parole/reduction.
Murder in the second degree (Class B felony) (§ 635) Possibly — unconfirmed
- Imprisonment
- 2–25 years
- Fine
- None stated in the section
Class per § 9401 offence list — confirm against § 635 text.
Delaware has no death penalty: the death-penalty provisions of § 4209 were repealed (Rauf v. State, 2016); the current § 4209(a) imposes life without parole for adult first-degree murder. No fine is stated in §§ 635–636 or § 4209.
Sexual offences
Sexual assault / rape Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
Rape in the fourth degree (Class C felony) (§ 770) Possibly — unconfirmed
- Imprisonment
- 0–15 years
- Fine
- None stated in the section
Rape in the third degree (Class B felony) (§ 771) Possibly — unconfirmed
- Imprisonment
- 2–25 years
- Fine
- None stated in the section
Rape in the second degree (Class B felony) (§ 772) Possibly — unconfirmed
- Imprisonment
- 2–25 years
- Fine
- None stated in the section
Rape in the first degree (Class A felony) (§ 773) Possibly — unconfirmed
- Imprisonment
- 15 years–life
- Fine
- None stated in the section
Classes per the § 9401 offence list (LawServer mirror) and § 770–773 section titles; the rape section texts were not fully retrieved in session — confirm against official text. Unlawful sexual contact (§§ 767–769) and continuous sexual abuse of a child (§ 776) were not tiered. The former §§ 770–775 (unlawful sexual penetration/intercourse) were replaced by the rape sections.
Property
Burglary Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
Burglary in the third degree — knowingly entering/remaining unlawfully in a building with intent to commit a crime (Class F felony) (§ 824) Possibly — unconfirmed
- Imprisonment
- 0–3 years
- Fine
- None stated in the section
Burglary in the second degree — dwelling; or building while armed with explosives/deadly weapon or causing physical injury (Class D felony) (§ 825) Possibly — unconfirmed
- Imprisonment
- 0–8 years
- Fine
- None stated in the section
Burglary in the first degree — occupied dwelling (Class C felony) (§ 826(a)) Possibly — unconfirmed
- Imprisonment
- 0–15 years
- Fine
- None stated in the section
Burglary in the first degree — home invasion: occupied dwelling + robbery / assault / murder / other listed felony in entry, presence or flight (Class B felony) (§ 826(b)) Possibly — unconfirmed
- Imprisonment
- 2–25 years
- Fine
- None stated in the section
An older (2006) version of § 825 imposed a 1-year minimum (3 years for a repeat within 5 years); the current text shows subsection (c) repealed and the minimum's status needs official re-check — no minimum is stated here. Home invasion is charged as burglary in the first degree under § 826(b).
Robbery Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
Robbery in the second degree (Class E felony) (§ 831) Possibly — unconfirmed
- Imprisonment
- 0–5 years
- Fine
- None stated in the section
Robbery in the first degree (Class B felony) (§ 832) Possibly — unconfirmed
- Imprisonment
- 2–25 years
- Fine
- None stated in the section
§ 831 carries a Class D variant (trigger not verified in session — not tiered). Carjacking (§§ 835–836) was not tiered.
Theft Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
Theft — value under $1,500, ordinary victim (Class A misdemeanor) (§ 841(c)(1)) Possibly — unconfirmed
- Imprisonment
- 0–1 year
- Fine
- $0–$2,300
Theft — value $1,500 or more (Class G felony) (§ 841(c)(1)) Possibly — unconfirmed
- Imprisonment
- 0–2 years
- Fine
- None stated in the section
Theft — victim 62+, impaired adult or person with a disability, value under $1,500 (Class G felony) (§ 841(c)(2)) Possibly — unconfirmed
- Imprisonment
- 0–2 years
- Fine
- None stated in the section
Theft — victim 62+, impaired adult or person with a disability, value $1,500 or more (Class F felony) (§ 841(c)(2)) Possibly — unconfirmed
- Imprisonment
- 0–3 years
- Fine
- None stated in the section
Theft — value over $50,000 and under $100,000 (Class D felony) (§ 841(c)(3)a) Possibly — unconfirmed
- Imprisonment
- 0–8 years
- Fine
- None stated in the section
Theft — value $100,000 or more (Class B felony) (§ 841(c)(3)b) Possibly — unconfirmed
- Imprisonment
- 2–25 years
- Fine
- None stated in the section
§ 841(a) expressly includes the acts in §§ 841A–846, so theft by false pretense (§ 843) and related thefts are graded by § 841(c). An older (2012) version graded the top tiers as Class E / Class C; the current text grades them Class D / Class B. Full restitution is mandatory on conviction (§ 841(d)). No fine is stated in § 841 for felony tiers.
Vandalism / criminal damage Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
Criminal mischief — intentionally causes pecuniary loss of $5,000 or more, or substantial interruption of public communication/transportation/utility service (Class G felony) (§ 811(b)(1)) Possibly — unconfirmed
- Imprisonment
- 0–2 years
- Fine
- None stated in the section
Criminal mischief — intentionally or recklessly causes pecuniary loss over $1,000 (Class A misdemeanor) (§ 811(b)(2)) Possibly — unconfirmed
- Imprisonment
- 0–1 year
- Fine
- $0–$2,300
Criminal mischief — otherwise (unclassified misdemeanor) (§ 811(b)(3)) Possibly — unconfirmed
- Imprisonment
- 0–30 days
- Fine
- $0–$575
Range is the § 4206(c) default for unclassified misdemeanours where no sentence is specified.
Aggravated criminal mischief (§ 811A — knowingly damaging/tampering with critical utility infrastructure with intent to interrupt utility operations) is a Class D felony; its full text was not retrieved — not tiered. Graffiti (§ 812) was not tiered. A minimum mandatory fine of $500 applies to criminal mischief on or along a Delaware byway (§ 811(b)(4)).
Fraud & financial
Fraud Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
Theft by false pretense — value under $1,500, ordinary victim (Class A misdemeanor) (§§ 843, 841(c)(1)) Possibly — unconfirmed
- Imprisonment
- 0–1 year
- Fine
- $0–$2,300
Theft by false pretense — value $1,500 or more (Class G felony) (§§ 843, 841(c)(1)) Possibly — unconfirmed
- Imprisonment
- 0–2 years
- Fine
- None stated in the section
Theft by false pretense — victim 62+, impaired adult or person with a disability, value under $1,500 (Class G felony) (§§ 843, 841(c)(2)) Possibly — unconfirmed
- Imprisonment
- 0–2 years
- Fine
- None stated in the section
Theft by false pretense — victim 62+, impaired adult or person with a disability, value $1,500 or more (Class F felony) (§§ 843, 841(c)(2)) Possibly — unconfirmed
- Imprisonment
- 0–3 years
- Fine
- None stated in the section
Theft by false pretense — value over $50,000 and under $100,000 (Class D felony) (§§ 843, 841(c)(3)a) Possibly — unconfirmed
- Imprisonment
- 0–8 years
- Fine
- None stated in the section
Theft by false pretense — value $100,000 or more (Class B felony) (§§ 843, 841(c)(3)b) Possibly — unconfirmed
- Imprisonment
- 2–25 years
- Fine
- None stated in the section
Other fraud-specific sections (identity theft § 854 — Class E/D; insurance fraud § 913 — Class G; home improvement fraud § 916; health-care fraud § 913A) were not tiered.
Drugs
Drug possession Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
Possession — Tier 3 quantity (Class B felony) (§ 4752(a)(2)) Possibly — unconfirmed
- Imprisonment
- 2–25 years
- Fine
- None stated in the section
Possession — Tier 2 quantity (Class E felony) (§ 4753(a)(2)) Possibly — unconfirmed
- Imprisonment
- 0–5 years
- Fine
- None stated in the section
Possession — Tier 1 quantity (Class G felony) (§ 4756) Possibly — unconfirmed
- Imprisonment
- 0–2 years
- Fine
- None stated in the section
Section text not retrieved; class per section title — confirm.
Possession — controlled substance below Tier 1, other than marijuana (Class B misdemeanor) (§ 4763) Possibly — unconfirmed
- Imprisonment
- 0–6 months
- Fine
- $0–$1,150
Possession — marijuana over the personal use quantity (unclassified misdemeanor) (§ 4764(b)) Possibly — unconfirmed
- Imprisonment
- 0–3 months
- Fine
- $0–$575
Possession — personal use quantity of marijuana by a person under 21 (§ 4764(c)) Possibly — unconfirmed
- Imprisonment
- None (civil) for 1st/2nd
- Fine
- Civil penalty $100 (1st); $200–$500 (2nd); unclassified misdemeanor $100 (3rd+)
Tier quantities (§ 4751C) — Tier 1: cocaine ≥5 g; heroin/morphine/opium ≥1 g; marijuana ≥175 g; methamphetamine ≥5 g; amphetamine ≥5 g; PCP ≥5 g; LSD ≥25 doses / 2.5 mg; designer drug / MDMA ≥12.5 doses / 2.5 g. Tier 2: cocaine ≥10 g; heroin ≥2 g; marijuana ≥1,500 g; methamphetamine ≥10 g; LSD ≥50 doses / 5 mg; designer / MDMA ≥25 doses / 5 g. Tier 3: cocaine ≥15 g; heroin ≥3 g; marijuana ≥3,000 g; methamphetamine ≥15 g; LSD ≥100 doses / 10 mg; designer / MDMA ≥37.5 doses / 7.5 g. § 4756 text was not retrieved in session; the Class G grading for Tier 1 possession is per the section title and needs official re-check. Adults 21+ may lawfully possess a personal use quantity of marijuana (1 oz leaf / 12 g concentrate / 750 mg THC products) under § 4764A.
Drug trafficking / sale Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
Drug dealing — Tier 3 quantity; or Tier 2 quantity with an aggravating factor (Class B felony) (§ 4752) Possibly — unconfirmed
- Imprisonment
- 2–25 years
- Fine
- None stated in the section
Drug dealing — Tier 2 quantity (Class C felony) (§ 4753(a)(1)) Possibly — unconfirmed
- Imprisonment
- 0–15 years
- Fine
- None stated in the section
Drug dealing — below Tier 2 quantity (Class D felony) (§ 4754) Possibly — unconfirmed
- Imprisonment
- 0–8 years
- Fine
- None stated in the section
Section prongs not fully retrieved — confirm.
Drug dealing resulting in death — delivery of a Schedule I/II substance in Tier 1+ quantity causing the user's death (Class B felony) (§ 4752B) Possibly — unconfirmed
- Imprisonment
- 2–25 years
- Fine
- None stated in the section
Good-faith emergency-assistance affirmative defence in § 4752B(c).
'Drug dealing' in Delaware covers manufacture, delivery and possession with intent to manufacture or deliver. § 4754 (drug dealing, Class D felony) covers dealing below Tier 2 quantity; its exact prongs were not fully retrieved in session and need official re-check. Aggravating-factor variants (e.g. Tier 2 dealing with an aggravating factor = Class B under § 4752(a)(3)) were not fully tiered.
Weapons
Weapons offences Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
Carrying a concealed deadly weapon without a licence — non-firearm weapon (Class G felony) (§ 1442) Possibly — unconfirmed
- Imprisonment
- 0–2 years
- Fine
- None stated in the section
Carrying a concealed deadly weapon without a licence — firearm or projectile weapon (Class D felony) (§ 1442) Possibly — unconfirmed
- Imprisonment
- 0–8 years
- Fine
- None stated in the section
Possession of a deadly weapon by a person prohibited — non-firearm deadly weapon (Class F felony) (§ 1448(c)) Possibly — unconfirmed
- Imprisonment
- 0–3 years
- Fine
- None stated in the section
Possession of a deadly weapon by a person prohibited — firearm or ammunition, § 1448(a)(1)–(8) violation (Class D felony) (§ 1448(c)) Possibly — unconfirmed
- Imprisonment
- 0–8 years
- Fine
- None stated in the section
Possession of a firearm/destructive weapon by a prohibited person — eligible for § 1448(e) sentencing (Class C felony) Possibly — unconfirmed
- Imprisonment
- 3–15 years
- Fine
- None stated in the section
Minimum 3 years (prior violent felony); 5 years (within 10 years of a violent felony); 10 years (2+ violent felony convictions). Upper bound is the Class C cap (15 years).
§ 1447A (possessing a firearm during the commission of a felony — Class B felony per secondary summaries) was not tiered; its class needs official re-check. § 1448(a)(1)–(8) covers the core prohibited-person categories (felons, violent felons, fugitives, drug users/addicts, persons adjudicated mental defectives/committed, etc.).
Traffic & transport
DUI / drink driving Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
DUI — 1st offence (§ 4177(d)(1)) Possibly — unconfirmed
- Imprisonment
- 0–12 months
- Fine
- $500–$1,500
Any imprisonment may be suspended.
DUI — 2nd offence within 10 years (§ 4177(d)(2)) Possibly — unconfirmed
- Imprisonment
- 60 days–18 months
- Fine
- $750–$2,500
Minimum may not be suspended (subject to the treatment-program exception).
DUI — 3rd offence (Class G felony) (§ 4177(d)(3)) Possibly — unconfirmed
- Imprisonment
- 1–2 years
- Fine
- $0–$5,000
First 3 months at Level V not suspendable; up to 9 months of the minimum may be suspended with abstinence + treatment program participation.
DUI — 4th offence (Class E felony) (§ 4177(d)(4)) Possibly — unconfirmed
- Imprisonment
- 2–5 years
- Fine
- $3,000–$7,000
Per 2008 amending bill.
DUI — 5th offence (Class E felony) (§ 4177(d)(5)) Possibly — unconfirmed
- Imprisonment
- 3–5 years
- Fine
- $3,500–$10,000
Per 2008 amending bill.
DUI — 6th offence (Class D felony) (§ 4177(d)(6)) Possibly — unconfirmed
- Imprisonment
- 5–8 years
- Fine
- $5,000–$10,000
Per 2008 amending bill.
DUI — 7th+ offence (Class C felony) (§ 4177(d)(7)) Possibly — unconfirmed
- Imprisonment
- 10–15 years
- Fine
- $10,000–$15,000
Per 2008 amending bill; a secondary summary gives 5–15 years — confirm.
§ 4177(d): a 2nd offence counts only if within 10 years of a prior offence; 3rd and later offences count all priors regardless of timing. An older amendment text shows a $1,500 minimum fine for the 3rd offence; the courts' benchbook text shows 'fined not more than $5,000' with no minimum — the range above follows the benchbook. 7th-offence imprisonment is per the 2008 amending bill (10–15 years); a secondary summary gives 5–15 years — confirm. First Offense Election (§ 4177B) and the Court of Common Pleas DUI Treatment Program can alter outcomes and are not tiered.
Cyber & digital
Cybercrime / hacking Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
Computer crime — damages $500 or less (Class A misdemeanor) Possibly — unconfirmed
- Imprisonment
- 0–1 year
- Fine
- $0–$2,300
Covers unauthorized access, theft/interruption of computer services, misuse of computer system information, destruction of computer equipment. Grading per FindLaw summary — confirm.
Computer crime — damages over $500 (Class G felony) Possibly — unconfirmed
- Imprisonment
- 0–2 years
- Fine
- None stated in the section
Grading per FindLaw summary — confirm.
Computer crime — damages over $1,000 or risk of injury to another person (Class F felony) Possibly — unconfirmed
- Imprisonment
- 0–3 years
- Fine
- None stated in the section
Grading per FindLaw summary — confirm.
Computer crime — damages over $5,000 (Class E felony) Possibly — unconfirmed
- Imprisonment
- 0–5 years
- Fine
- None stated in the section
Grading per FindLaw summary — confirm.
Computer crime — damages over $10,000 (Class D felony) Possibly — unconfirmed
- Imprisonment
- 0–8 years
- Fine
- None stated in the section
Grading per FindLaw summary — confirm.
The damage-based grading below is per a FindLaw secondary summary of §§ 931 et seq. (not official text) and needs official re-check; the underlying conduct sections (§§ 932–934) were confirmed via Justia mirrors.