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Delaware Government Criminal Code Title 11
Every person charged under this section after having reached their 16th birthday, shall be treated for purposes of trial or other disposition of the charge, including but not limited to sentencing, as an adult.Any period of incarceration imposed upon a juvenile by operation of this section shall be served in a juvenile correctional facility until the person attains their 18th birthday, at which time the person shall be transferred to the appropriate adult correctional institution or jail to serve any remaining portion of the sentence.
Vehicular homicide in the first degree is a class E felony.
The minimum sentence required by this section shall be 2 years.The minimum sentence shall not be subject to suspension, and no person convicted under this section shall be eligible for probation, parole, furlough, work release or supervised custody during the first 18 months of such sentence.
Every person charged under this section after having reached their 16th birthday, shall be treated for purposes of trial or other disposition of the charge, including but not limited to sentencing, as an adult.Any period of incarceration imposed upon a juvenile by operation of this section shall be served in a juvenile correctional facility until the person attains their 18th birthday, at which time the person shall be transferred to the appropriate adult correctional institution or jail to serve any remaining portion of the sentence.
Criminally negligent homicide is a class E felony.
(1) The person recklessly causes the death of another person; or
(2) With intent to cause serious physical injury to another person the person causes the death of such person, employing means which would to a reasonable person in the defendant's situation, knowing the facts known to the defendant, seem likely to cause death; or
(3) The person intentionally causes the death of another person under circumstances which do not constitute murder because the person acts under the influence of extreme emotional disturbance; or
(4) The person commits upon a female an abortion which causes her death, unless such abortion is a therapeutic abortion and the death is not the result of reckless conduct; or
(5) The person intentionally causes another person to commit suicide.
Manslaughter is a class B felony.
(1) Through an act of abuse and/or neglect of such child; or
(2) When the person has engaged in a previous pattern of abuse and/or neglect of such child.
Murder by abuse or neglect in the second degree is a class B felony. Notwithstanding any provision of this title to the contrary, the minimum sentence for a person convicted of murder by abuse or neglect in the second degree in violation of this section shall be 10 years at Level V.
MURDER BY ABUSE OR NEGLECT IN THE FIRST DEGREE
A person is guilty of murder by abuse or neglect in the first degree when the person recklessly causes the death of a child:
(1) Through an act of abuse and/or neglect of such child; or
(2) When the person has engaged in a previous pattern of abuse and/or neglect of such child.
Murder by abuse or neglect in the first degree is a class A felony.
MURDER IN THE SECOND DEGREE
A person is guilty of murder in the second degree when:
(1) The person recklessly causes the death of another person under circumstances which manifest a cruel, wicked and depraved indifference to human life; or
(2) While engaged in the commission of, or attempt to commit, or flight after committing or attempting to commit any felony, the person, with criminal negligence, causes the death of another person.
Murder in the second degree is a class A felony.
MURDER IN THE FIRST DEGREE
A person is guilty of murder in the first degree when:
(1) The person intentionally causes the death of another person;
(2) While engaged in the commission of, or attempt to commit, or flight after committing or attempting to commit any felony, the person recklessly causes the death of another person.
(3) The person intentionally causes another person to commit suicide by force or duress;
(4) The person recklessly causes the death of a law-enforcement officer, corrections employee, fire fighter, paramedic, emergency medical technician, fire marshal or fire police officer while such officer is in the lawful performance of duties;
(5) The person causes the death of another person by the use of or detonation of any bomb or similar destructive device;
(6) The person causes the death of another person in order to avoid or prevent the lawful arrest of any person, or in the course of and in furtherance of the commission or attempted commission of escape in the second degree or escape after conviction.
Murder in the first degree is a class A felony and shall be punished as provided in § 4209 of this title.
EXTREME EMOTIONAL DISTRESS
The fact that the accused intentionally caused the death of another person under the influence of extreme emotional distress is a mitigating circumstance, reducing the crime of murder in the first degree as defined by § 636 of this title to the crime of manslaughter as defined by § 632 of this title. The fact that the accused acted under the influence of extreme emotional distress must be proved by a preponderance of the evidence. The accused must further prove by a preponderance of the evidence that there is a reasonable explanation or excuse for the existence of the extreme emotional distress. The reasonableness of the explanation or excuse shall be determined from the viewpoint of a reasonable person in the accused's situation under the circumstances as the accused believed them to be. Extreme emotional distress is not reasonably explained or excused when it is caused or occasioned by the accused's own mental disturbance for which the accused was culpably responsible, or by any provocation, event or situation for which the accused was culpably responsible, or when there is no causal relationship between the provocation, event or situation which caused the extreme emotional distress and the victim of the murder. Evidence of voluntary intoxication shall not be admissible for the purpose of showing that the accused was acting under the influence of extreme emotional distress.
PROMOTING SUICIDE
A person is guilty of promoting suicide when the person intentionally causes or aids another person to attempt suicide, or when the person intentionally aids another person to commit suicide.
Promoting suicide is a class F felony.
ABORTION
A person is guilty of abortion when the person commits upon a pregnant female an abortion which causes the miscarriage of the female, unless the abortion is a therapeutic abortion.
Abortion is a class F felony.
SELF-ABORTION
A female is guilty of self-abortion when she, being pregnant, commits or submits to an abortion upon herself which causes her abortion, unless the abortion is a therapeutic abortion.
Self-abortion is a class A misdemeanor.
ISSUING ABORTIONAL ARTICLES
A person is guilty of issuing abortional articles when the person manufactures, sells or delivers any instrument, article, medicine, drug or substance with intent that the same be used in committing an abortion upon a female in circumstances which would constitute a crime defined by this Criminal Code.
Issuing abortional articles is a class B misdemeanor.
return to felonies ................. return to Criminal Defense Lawyer Richard Zemble home page
return to assaults ...................................................visit gang participation codes
Delaware Government Criminal Code Title 11
return to assaults ...................................................visit gang participation codes
Delaware Government Criminal Code Title 11
VEHICULAR HOMICIDE IN THE SECOND DEGREE IN DELAWARE
A person is guilty of vehicular homicide in the second degree when:
(1) While in the course of driving or operating a motor vehicle, the person's criminally negligent driving or operation of said vehicle causes the death of another person; or
(2) While in the course of driving or operating a motor vehicle, under the influence of alcohol or drugs or with a prohibited alcohol or drug content, as defined by § 4177 of Title 21, the person's negligent driving or operation of said vehicle causes the death of another person.
Vehicular homicide in the second degree is a class F felony.
The minimum sentence required by paragraph (a)(2) of this section shall be 1 year, notwithstanding § 4205(b)(6) of this title. The minimum sentence shall not be subject to suspension, and no person convicted under this section shall be eligible for probation, parole, furlough, work release or supervised custody during the first year of such sentence.
Every person charged under this section after having reached their 16th birthday, shall be treated for purposes of trial or other disposition of the charge, including but not limited to sentencing, as an adult.Any period of incarceration imposed upon a juvenile by operation of this section shall be served in a juvenile correctional facility until the person attains their 18th birthday, at which time the person shall be transferred to the appropriate adult correctional institution or jail to serve any remaining portion of the sentence.
VEHICULAR HOMICIDE IN THE FIRST DEGREE
A person is guilty of vehicular homicide in the first degree when while in the course of driving or operating a motor vehicle under the influence of alcohol or drugs or with a prohibited alcohol or drug content, as defined by § 4177 of Title 21, the person's criminally negligent driving or operation of said vehicle causes the death of another person.Vehicular homicide in the first degree is a class E felony.
The minimum sentence required by this section shall be 2 years.The minimum sentence shall not be subject to suspension, and no person convicted under this section shall be eligible for probation, parole, furlough, work release or supervised custody during the first 18 months of such sentence.
Every person charged under this section after having reached their 16th birthday, shall be treated for purposes of trial or other disposition of the charge, including but not limited to sentencing, as an adult.Any period of incarceration imposed upon a juvenile by operation of this section shall be served in a juvenile correctional facility until the person attains their 18th birthday, at which time the person shall be transferred to the appropriate adult correctional institution or jail to serve any remaining portion of the sentence.
CRIMINALLY NEGLIGENT HOMICIDE
A person is guilty of criminally negligent homicide when, with criminal negligence, the person causes the death of another person.Criminally negligent homicide is a class E felony.
MANSLAUGHTER
A person is guilty of manslaughter when:(1) The person recklessly causes the death of another person; or
(2) With intent to cause serious physical injury to another person the person causes the death of such person, employing means which would to a reasonable person in the defendant's situation, knowing the facts known to the defendant, seem likely to cause death; or
(3) The person intentionally causes the death of another person under circumstances which do not constitute murder because the person acts under the influence of extreme emotional disturbance; or
(4) The person commits upon a female an abortion which causes her death, unless such abortion is a therapeutic abortion and the death is not the result of reckless conduct; or
(5) The person intentionally causes another person to commit suicide.
Manslaughter is a class B felony.
MURDER BY ABUSE OR NEGLECT IN THE SECOND DEGREE
A person is guilty of murder by abuse or neglect in the second degree when, with criminal negligence, the person causes the death of a child:(1) Through an act of abuse and/or neglect of such child; or
(2) When the person has engaged in a previous pattern of abuse and/or neglect of such child.
Murder by abuse or neglect in the second degree is a class B felony. Notwithstanding any provision of this title to the contrary, the minimum sentence for a person convicted of murder by abuse or neglect in the second degree in violation of this section shall be 10 years at Level V.
A person is guilty of murder by abuse or neglect in the first degree when the person recklessly causes the death of a child:
(1) Through an act of abuse and/or neglect of such child; or
(2) When the person has engaged in a previous pattern of abuse and/or neglect of such child.
Murder by abuse or neglect in the first degree is a class A felony.
A person is guilty of murder in the second degree when:
(1) The person recklessly causes the death of another person under circumstances which manifest a cruel, wicked and depraved indifference to human life; or
(2) While engaged in the commission of, or attempt to commit, or flight after committing or attempting to commit any felony, the person, with criminal negligence, causes the death of another person.
Murder in the second degree is a class A felony.
A person is guilty of murder in the first degree when:
(1) The person intentionally causes the death of another person;
(2) While engaged in the commission of, or attempt to commit, or flight after committing or attempting to commit any felony, the person recklessly causes the death of another person.
(3) The person intentionally causes another person to commit suicide by force or duress;
(4) The person recklessly causes the death of a law-enforcement officer, corrections employee, fire fighter, paramedic, emergency medical technician, fire marshal or fire police officer while such officer is in the lawful performance of duties;
(5) The person causes the death of another person by the use of or detonation of any bomb or similar destructive device;
(6) The person causes the death of another person in order to avoid or prevent the lawful arrest of any person, or in the course of and in furtherance of the commission or attempted commission of escape in the second degree or escape after conviction.
Murder in the first degree is a class A felony and shall be punished as provided in § 4209 of this title.
The fact that the accused intentionally caused the death of another person under the influence of extreme emotional distress is a mitigating circumstance, reducing the crime of murder in the first degree as defined by § 636 of this title to the crime of manslaughter as defined by § 632 of this title. The fact that the accused acted under the influence of extreme emotional distress must be proved by a preponderance of the evidence. The accused must further prove by a preponderance of the evidence that there is a reasonable explanation or excuse for the existence of the extreme emotional distress. The reasonableness of the explanation or excuse shall be determined from the viewpoint of a reasonable person in the accused's situation under the circumstances as the accused believed them to be. Extreme emotional distress is not reasonably explained or excused when it is caused or occasioned by the accused's own mental disturbance for which the accused was culpably responsible, or by any provocation, event or situation for which the accused was culpably responsible, or when there is no causal relationship between the provocation, event or situation which caused the extreme emotional distress and the victim of the murder. Evidence of voluntary intoxication shall not be admissible for the purpose of showing that the accused was acting under the influence of extreme emotional distress.
A person is guilty of promoting suicide when the person intentionally causes or aids another person to attempt suicide, or when the person intentionally aids another person to commit suicide.
Promoting suicide is a class F felony.
A person is guilty of abortion when the person commits upon a pregnant female an abortion which causes the miscarriage of the female, unless the abortion is a therapeutic abortion.
Abortion is a class F felony.
A female is guilty of self-abortion when she, being pregnant, commits or submits to an abortion upon herself which causes her abortion, unless the abortion is a therapeutic abortion.
Self-abortion is a class A misdemeanor.
A person is guilty of issuing abortional articles when the person manufactures, sells or delivers any instrument, article, medicine, drug or substance with intent that the same be used in committing an abortion upon a female in circumstances which would constitute a crime defined by this Criminal Code.
Issuing abortional articles is a class B misdemeanor.
Felony Sentencing by the Courts
A Class A felony is more severely punished than the lower classification of Class B felonies and Class B felonies are more severely punished than Class C felonies and so forth. Also, the Statute of Limitations varies by jurisdiction and types of felony. I have identified the Delaware classifications of felonies, misdemeanors and violations, and the sentencing for each charge on the Delaware felony sentencing guidelines page, the misdemeanors and violations sentencing guidelines page and the SENTAC charts for sentencing guidelines. For crimes that are served by federal courts, I have selections from the Sentencing Guidelines from the Federal Sentencing Commission.return to felonies ................. return to Criminal Defense Lawyer Richard Zemble home page
return to assaults ...................................................visit gang participation codes
Delaware Government Criminal Code Title 11
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.