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(1) "Criminal street gang" means any ongoing organization, association, or group of 3 or more persons, whether formal or informal, having as 1 of its primary activities the commission of one or more of the criminal acts enumerated in paragraph (a)(2) of this section, having a common name or common identifying sign or symbol, and whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity.
(2) "Pattern of criminal gang activity" means the commission of attempted commission of, conspiracy to commit, solicitation of, or conviction of 2 or more of the following criminal offenses, provided that at least 1 of these offenses occurred after July 1, 2003, and that the last of those offenses occurred within 3 years after a prior offense, and provided that the offenses were committed on separate occasions, or by 2 or more persons:
a. Assault, as defined in § 612 or § 613 of this title.
b. Any criminal acts causing death as defined in §§ 632--636 of this title.
c. Any criminal acts relating to sexual offenses defined in §§ 768--780 of this title.
d. Any criminal offenses relating to unlawful imprisonment or kidnapping which are defined in §§ 782--783A of this title.
e. Any criminal acts of arson as defined in §§ 801--803 of this title.
f. Any criminal acts relating to burglary which are defined in §§ 824--826 of this Title.
g. Any criminal acts relating to robbery which are defined in §§ 831 and 832 of this title.
h. Any criminal acts relating to theft or extortion which are defined in § 841, § 849 or § 851 of this title, provided that such acts meet the requirements of felony offenses under said sections.
i. Any criminal acts relating to riot, unlawful disruption, hate crimes, stalking or bombs which are defined in § 1302, former § 1303 [repealed], § 1304, § 1312A or § 1338 of this title, provided that such acts meet the requirements of felony offenses under said sections.
j. Any criminal acts involving deadly weapons or dangerous instruments which are defined in § 1442, § 1444, §§ 1447--1448, § 1449, § 1450, § 1451, § 1454 or § 1455 of this title.
k. Any criminal acts involving controlled substances which are defined by §§ 4751, 4752, 4753A, 4755, 4756, 4761, 4761A of Title 16.
Forbidden conduct. -- A person who actively participates in any criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal gang activity and who knowingly promotes, furthers or assists in any criminal conduct by members of that gang which would constitute a felony under Delaware law, shall be guilty of illegal gang participation. Illegal gang participation is a class F felony.
(2) Any person who is convicted of a class D felony committed for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members, shall, upon conviction of that felony, be sentenced consistent with the sentence dictated by Delaware law for a class C felony under § 4205(b)(3) of this title.
(3) Any person who is convicted of a class C felony committed for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members, shall, upon conviction of that felony, be sentenced consistent with the sentence dictated by Delaware law for a class B felony under § 4205(b)(2) of this title.
(1) "Criminal youth gang" shall mean a group of 3 or more persons with a gang name or other identifier which either promotes, sponsors, assists in, participates in or requires as a condition of membership submission to group initiation that results in any felony or any class A misdemeanor set forth in this title or Title 16.
(2) "Identifier" shall mean common identifying signs, symbols, tattoos, markings, graffiti, or attire or other distinguishing characteristics or indicia of gang membership.
(3) "Student" shall mean any person enrolled in a school grades preschool through 12.
Recruitment or retention of juveniles or students for a criminal street gang or criminal youth gang; penalties. --
(1) Any person who solicits, invites, recruits, encourages or otherwise causes or attempts to cause a juvenile or student to participate in or be come a member of a criminal street gang as defined in § 616(a) of this title or criminal youth gang is guilty of a class G felony.
(2) Any person who,
a. In order to encourage a juvenile or student to:
.......1. Join a criminal youth gang or criminal street gang,
.......2. Remain as a participant in or a member of a criminal youth gang or criminal street gang, or
.......3. Submit to a demand by a criminal youth gang or criminal street gang to commit a crime; or
b. In order to prevent a juvenile or student from withdrawing or attempting to withdraw from a criminal youth gang or criminal street gang threatens to commit any crime likely to result in death or in physical injury to the juvenile, the juvenile's property, a member of that juvenile's family or household, or their property; or commits a crime which results in physical injury or death to the juvenile, the juvenile's property, a member of that juvenile's family or household, or their property shall be guilty of a class F felony and shall constitute a separate and distinct offense.
(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.
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. Any violation of paragraph (a)(2) of this section shall be a class G felony unless the place at which the risk of evacuation, serious inconvenience or terror is created is a place that has the purpose, in whole or in part, of acting as a daycare facility, nursery or preschool, kindergarten, elementary, secondary or vocational-technical school, or any long-term care facility in which elderly persons are housed, in which case it shall be a class F felony. Any violation of paragraph (a)(3) of this section shall be a class F 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.
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:
(1) Pay a fine of not less than $1,000 nor more than $2,500, which fine cannot be suspended; and
(2) Be sentenced to perform a minimum of 100 hours of community service.
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.
For the purposes of this section the following definitions shall apply:
(1) "Destructive device" means any explosive, incendiary, or chemical material or over-pressure device which will rapidly expand in a manner to project material outward at such a rate to cause injury to persons or damage to property.
(2) "Explosive" means any chemical compound, or other substance or containing oxidizing and combustible units or other ingredients in such proportions or quantities that ignition, fire, friction, concussion, percussion, or detonator may produce an explosion capable of causing injury to persons or damage to property.
(3) "Hoax device" shall mean any object or item that would cause a person to reasonably believe that such object or item is or contains a destructive device, Molotov cocktail, incendiary device, or over-pressure device which could cause injury or death.
(4) "Incendiary device" means any item designed to ignite by hand, chemical reaction, timer or by spontaneous combustion and is not designed for lawful purposes or use whatsoever, or any lawful use or purpose has been terminated.
(5) "Molotov cocktail" means a makeshift incendiary bomb made of a breakable container filled with flammable liquid and provided with a wick composed of any substance capable of bringing flame into contact with a liquid.
(6) "Over-pressure device" means a frangible container filled with an explosive gas, chemical or combination of materials, which is designed or constructed so as to cause the container to break or fracture in a manner which is capable of causing death, bodily harm, or property damage.
return to Theft Codes in Delaware......................return to felonies and misdemeanors
return to assault codes in Delaware.........return to homicide and murder codes in Delaware
visit drug participation codes in Delaware
return to Criminal Defense Lawyer Richard Zemble home page
Delaware SENTAC Sentencing Guidelines
return to assault codes in Delaware.........return to homicide and murder codes in Delaware
visit drug participation codes in Delaware
return to Criminal Defense Lawyer Richard Zemble home page
Delaware SENTAC Sentencing Guidelines
GANG PARTICIPATION IN DELAWARE
The following terms shall have the following meaning as used in this section.(1) "Criminal street gang" means any ongoing organization, association, or group of 3 or more persons, whether formal or informal, having as 1 of its primary activities the commission of one or more of the criminal acts enumerated in paragraph (a)(2) of this section, having a common name or common identifying sign or symbol, and whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity.
(2) "Pattern of criminal gang activity" means the commission of attempted commission of, conspiracy to commit, solicitation of, or conviction of 2 or more of the following criminal offenses, provided that at least 1 of these offenses occurred after July 1, 2003, and that the last of those offenses occurred within 3 years after a prior offense, and provided that the offenses were committed on separate occasions, or by 2 or more persons:
a. Assault, as defined in § 612 or § 613 of this title.
b. Any criminal acts causing death as defined in §§ 632--636 of this title.
c. Any criminal acts relating to sexual offenses defined in §§ 768--780 of this title.
d. Any criminal offenses relating to unlawful imprisonment or kidnapping which are defined in §§ 782--783A of this title.
e. Any criminal acts of arson as defined in §§ 801--803 of this title.
f. Any criminal acts relating to burglary which are defined in §§ 824--826 of this Title.
g. Any criminal acts relating to robbery which are defined in §§ 831 and 832 of this title.
h. Any criminal acts relating to theft or extortion which are defined in § 841, § 849 or § 851 of this title, provided that such acts meet the requirements of felony offenses under said sections.
i. Any criminal acts relating to riot, unlawful disruption, hate crimes, stalking or bombs which are defined in § 1302, former § 1303 [repealed], § 1304, § 1312A or § 1338 of this title, provided that such acts meet the requirements of felony offenses under said sections.
j. Any criminal acts involving deadly weapons or dangerous instruments which are defined in § 1442, § 1444, §§ 1447--1448, § 1449, § 1450, § 1451, § 1454 or § 1455 of this title.
k. Any criminal acts involving controlled substances which are defined by §§ 4751, 4752, 4753A, 4755, 4756, 4761, 4761A of Title 16.
Forbidden conduct. -- A person who actively participates in any criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal gang activity and who knowingly promotes, furthers or assists in any criminal conduct by members of that gang which would constitute a felony under Delaware law, shall be guilty of illegal gang participation. Illegal gang participation is a class F felony.
SENTENCING ENHANCEMENTS
(1) Any person who is convicted of a class E felony committed for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members, shall, upon conviction of that felony, be sentenced consistent with the sentence dictated by Delaware law for a class D felony under § 4205(b)(4) of this title.(2) Any person who is convicted of a class D felony committed for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members, shall, upon conviction of that felony, be sentenced consistent with the sentence dictated by Delaware law for a class C felony under § 4205(b)(3) of this title.
(3) Any person who is convicted of a class C felony committed for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members, shall, upon conviction of that felony, be sentenced consistent with the sentence dictated by Delaware law for a class B felony under § 4205(b)(2) of this title.
CRIMINAL YOUTH GANGS
The following words, terms and phrases, when used in this chapter, shall have their meaning ascribed to them except where the context clearly indicates a different meaning.(1) "Criminal youth gang" shall mean a group of 3 or more persons with a gang name or other identifier which either promotes, sponsors, assists in, participates in or requires as a condition of membership submission to group initiation that results in any felony or any class A misdemeanor set forth in this title or Title 16.
(2) "Identifier" shall mean common identifying signs, symbols, tattoos, markings, graffiti, or attire or other distinguishing characteristics or indicia of gang membership.
(3) "Student" shall mean any person enrolled in a school grades preschool through 12.
Recruitment or retention of juveniles or students for a criminal street gang or criminal youth gang; penalties. --
(1) Any person who solicits, invites, recruits, encourages or otherwise causes or attempts to cause a juvenile or student to participate in or be come a member of a criminal street gang as defined in § 616(a) of this title or criminal youth gang is guilty of a class G felony.
(2) Any person who,
a. In order to encourage a juvenile or student to:
.......1. Join a criminal youth gang or criminal street gang,
.......2. Remain as a participant in or a member of a criminal youth gang or criminal street gang, or
.......3. Submit to a demand by a criminal youth gang or criminal street gang to commit a crime; or
b. In order to prevent a juvenile or student from withdrawing or attempting to withdraw from a criminal youth gang or criminal street gang threatens to commit any crime likely to result in death or in physical injury to the juvenile, the juvenile's property, a member of that juvenile's family or household, or their property; or commits a crime which results in physical injury or death to the juvenile, the juvenile's property, a member of that juvenile's family or household, or their property shall be guilty of a class F felony and shall constitute a separate and distinct offense.
TERRORISTIC THREATENING
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.
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. Any violation of paragraph (a)(2) of this section shall be a class G felony unless the place at which the risk of evacuation, serious inconvenience or terror is created is a place that has the purpose, in whole or in part, of acting as a daycare facility, nursery or preschool, kindergarten, elementary, secondary or vocational-technical school, or any long-term care facility in which elderly persons are housed, in which case it shall be a class F felony. Any violation of paragraph (a)(3) of this section shall be a class F 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.
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:
(1) Pay a fine of not less than $1,000 nor more than $2,500, which fine cannot be suspended; and
(2) Be sentenced to perform a minimum of 100 hours of community service.
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.
HOAX DEVICE
Whoever possesses, transports, uses or places or causes another to knowingly or unknowingly possess, transport, use or place any hoax device with the intent to cause anxiety, unrest, fear or personal discomfort to any person or group of persons shall be guilty of a class F felony.For the purposes of this section the following definitions shall apply:
(1) "Destructive device" means any explosive, incendiary, or chemical material or over-pressure device which will rapidly expand in a manner to project material outward at such a rate to cause injury to persons or damage to property.
(2) "Explosive" means any chemical compound, or other substance or containing oxidizing and combustible units or other ingredients in such proportions or quantities that ignition, fire, friction, concussion, percussion, or detonator may produce an explosion capable of causing injury to persons or damage to property.
(3) "Hoax device" shall mean any object or item that would cause a person to reasonably believe that such object or item is or contains a destructive device, Molotov cocktail, incendiary device, or over-pressure device which could cause injury or death.
(4) "Incendiary device" means any item designed to ignite by hand, chemical reaction, timer or by spontaneous combustion and is not designed for lawful purposes or use whatsoever, or any lawful use or purpose has been terminated.
(5) "Molotov cocktail" means a makeshift incendiary bomb made of a breakable container filled with flammable liquid and provided with a wick composed of any substance capable of bringing flame into contact with a liquid.
(6) "Over-pressure device" means a frangible container filled with an explosive gas, chemical or combination of materials, which is designed or constructed so as to cause the container to break or fracture in a manner which is capable of causing death, bodily harm, or property damage.
return to Theft Codes in Delaware......................return to felonies and misdemeanors
return to assault codes in Delaware.........return to homicide and murder codes in Delaware
visit drug participation codes in Delaware
return to Criminal Defense Lawyer Richard Zemble home page
Delaware SENTAC Sentencing Guidelines
The criminal defense law office of Richard Zemble, Attorney at Law, in Wilmington, Delaware, serves the legal needs of his clients in communities throughout all three counties of Delaware, New Castle county, Kent county and Sussex county, including Arden, Bear, Bellefonte, Bethany Beach, Bethel, Bowers, Bridgeville, Camden, Cheswold, Claymont, Clayton, Dagsboro, Delaware City, Delmar, Dewey Beach, Dover, Ellendale, Ellesmere, Farmington, Felton, Fenwick Island, Frankford, Frederica, Georgetown, Greenwood, Harrington, Hartly, Hockessin, Houston Kenton, Laurel, Leipsic, Lewes, Lincoln, Little Creek, Magnolia, Marydel, Middleton, Milford, Millsboro, Newark, New Castle, Newport, Odessa, Ocean View, Pike Creek, Rehoboth Beach, Seaford, Selbyville, Slaughter Beach, Smyrna, Stanton, Townsend, Wilmington, Woodside and Viola. The Richard Zemble law office serves the legal needs of clients from Pennsylvania in Philadelphia, Chester and Delaware Counties and from New Jersey. Zemble is a member of the Delaware Bar, the Pennsylvania Bar and the New Jersey Bar Associations. He also serves clients from Maryland who face criminal charges in Delaware.