Chapter 5

§ 501 Criminal solicitation in the third degree; class A misdemeanor. 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. 11 Del. C. 1953, §  501; 58 Del. Laws, c. 497, §  1 ; 67 Del. Laws, c. 130, §  8 ; 70 Del. Laws, c. 186, §  1 ; § 502 Criminal solicitation in the second degree; class F felony. A person is guilty of criminal solicitation in the second degree when, intending that another person engage in conduct constituting a felony, the person solicits, requests, commands, importunes or otherwise attempts to cause the other person to engage in conduct which would constitute the felony or an attempt to commit the felony, or which would establish the other’s complicity in its commission or attempted commission. Criminal solicitation in the second degree is a class F felony, unless the person is 18 years of age or older, and the other person had not yet reached his or her eighteenth birthday at the time of the crime, in which case it is a class D felony, or unless the person is more than 3 years older than the other person, and the other person had not yet reached his or her fifteenth birthday at the time of the crime, in which case it is a class D felony. 11 Del. C. 1953, §  502; 58 Del. Laws, c. 497, §  1 ; 67 Del. Laws, c. 130, §  8 ; 70 Del. Laws, c. 186, §  1 ; 71 Del. Laws, c. 424, §  1 ; § 503 Criminal solicitation in the first degree; class E felony. A person is guilty of criminal solicitation in the first degree when, intending that another person engage in conduct constituting a class A felony, the person solicits, requests, commands, importunes or otherwise attempts to cause the other person to engage in conduct which would constitute the felony or an attempt to commit the felony, or which would establish the other’s complicity in its commission or attempted commission. Criminal solicitation in the first degree is a class E felony, unless the person is 18 years of age or older, and the other person had not yet reached his or her eighteenth birthday at the time of the crime, in which case it is a class C felony, or unless the person is more than 3 years older than the other person, and the other person had not yet reached his or her fifteenth birthday at the time of the crime, in which case it is a class C felony. 11 Del. C. 1953, §  503; 58 Del. Laws, c. 497, §  1 ; 67 Del. Laws, c. 130, §  8 ; 70 Del. Laws, c. 186, §  1 ; 71 Del. Laws, c. 424, §  2 ; § 511 Conspiracy in the third degree; class A misdemeanor. 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 1 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. Conspiracy in the third degree is a class A misdemeanor. 11 Del. C. 1953, §  511; 58 Del. Laws, c. 497, §  1 ; 59 Del. Laws, c. 203, §  7 ; 67 Del. Laws, c. 130, §  8 ; 70 Del. Laws, c. 186, §  1 ; § 512 Conspiracy in the second degree; class G felony. A person is guilty of conspiracy in the second degree when, intending to promote or facilitate the commission of a felony, the person: (1) Agrees with another person or persons that they or 1 or more of them will engage in conduct constituting the felony or an attempt or solicitation to commit the felony; or (2) Agrees to aid another person or persons in the planning or commission of the felony or an attempt or solicitation to commit the felony; and the person or another person with whom the person conspired commits an overt act in pursuance of the conspiracy. Conspiracy in the second degree is a class G felony. 11 Del. C. 1953, §  512; 58 Del. Laws, c. 497, §  1 ; 59 Del. Laws, c. 203, §  7 ; 67 Del. Laws, c. 130, §  8 ; 70 Del. Laws, c. 186, §  1 ; § 513 Conspiracy in the first degree; class E felony. A person is guilty of conspiracy in the first degree when, intending to promote or facilitate the commission of a class A felony, the person: (1) Agrees with another person or persons that they or 1 or more of them will engage in conduct constituting the felony or an attempt or solicitation to commit the felony; or (2) Agrees to aid another person or persons in the planning or commission of the felony or an attempt or solicitation to commit the felony, and the person or another person with whom the person conspired commits an overt act in pursuance of the conspiracy. Conspiracy in the first degree is a class E felony. 11 Del. C. 1953, §  513; 58 Del. Laws, c. 497, §  1 ; 59 Del. Laws, c. 203, §  7 ; 67 Del. Laws, c. 130, §  8 ; 70 Del. Laws, c. 186, §  1 ; § 521 Conspiracy. (a) If a person conspires to commit a number of crimes, the person is guilty of only 1 conspiracy, so long as the multiple crimes are the object of the same agreement of continuous conspiratorial relationship. The person may be convicted of the degree of conspiracy which includes the most serious offense which the person is found guilty of conspiring to commit. (b) If a person guilty of conspiracy, as defined by §§ 511-513 of this title, knows that a person with whom the person conspires to commit a crime has conspired with another person or persons to commit the same crime, the first person is guilty of conspiring to commit the crime with the other person or persons, whether or not the first person knows their identity. (c) No person may be convicted of conspiracy to commit an offense when an element of the offense is agreement with the person with whom the person is alleged to have conspired, or when the person with whom the person is alleged to have conspired is necessarily involved with the person in the commission of the offense. 11 Del. C. 1953, §  521; 58 Del. Laws, c. 497, §  1 ; 70 Del. Laws, c. 186, §  1 ; § 522 Joinder and venue in conspiracy prosecutions. (a) Subject to subsection (b) of this section, 2 or more persons charged with conspiracy to commit a crime may be prosecuted jointly if: (1) They are charged with conspiring with one another; or (2) The conspiracies alleged, whether they have the same or different parties, are so related that they constitute different aspects of a scheme of organized criminal conduct. (b) In any joint prosecution under subsection (a) of this section: (1) No defendant shall be charged with a conspiracy in any county other than one in which the defendant entered into the conspiracy or one in which an overt act pursuant to the conspiracy was done by the defendant or by a person with whom the defendant conspired; and (2) Neither the criminal liability of any defendant nor the admissibility against a defendant of evidence of acts or declarations of another shall be enlarged by the joinder; and (3) The court may order a severance or take a special verdict as to any defendant who so requests, if it deems such action necessary or appropriate to promote the fair determination of guilt or innocence, and the court may take any other proper measures to protect the fairness of the trial. 11 Del. C. 1953, §  522; 58 Del. Laws, c. 497, §  1 ; 70 Del. Laws, c. 186, §  1 ; § 523 Criminal solicitation and conspiracy unaffected by matters relating to the complicity of other persons. (a) It is no defense to a prosecution for criminal solicitation that the person solicited could not be guilty of the crime solicited because of irresponsibility or other legal incapacity or exemption, or because of unawareness of the criminal nature of the conduct solicited or of the defendant’s criminal purpose or because of other factors precluding the mental state required for the commission of the crime in question. (b) It is no defense to a prosecution for criminal conspiracy that, because of irresponsibility or other legal incapacity or exemption, or because of unawareness of the criminal nature of the agreement or the conduct contemplated or of the defendant’s criminal purpose or because of other factors precluding the mental state required for commission of the conspiracy or the crime contemplated, 1 or more of the defendant’s coconspirators could not be guilty of the conspiracy or the crime contemplated. 11 Del. C. 1953, §  523; 58 Del. Laws, c. 497, §  1 ; § 531 Attempt to commit a crime. 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. Attempt to commit a crime is an offense of the same grade and degree as the most serious offense which the accused is found guilty of attempting. 11 Del. C. 1953, §  531; 58 Del. Laws, c. 497, §  1 ; 70 Del. Laws, c. 186, §  1 ; § 532 “Substantial step” defined. A “substantial step” under § 531 of this title 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. 11 Del. C. 1953, §  532; 58 Del. Laws, c. 497, §  1 ; 70 Del. Laws, c. 186, §  1 ; § 533 Conduct intended to aid another to commit a crime. A person who engages in conduct intended to aid another person to commit a crime is guilty of an attempt to commit the crime, although the crime is not committed or attempted by the other person, provided that the conduct would establish the person’s complicity under § 271 of this title if the crime were committed by the other person. 11 Del. C. 1953, §  533; 58 Del. Laws, c. 497, §  1 ; 70 Del. Laws, c. 186, §  1 ; § 541 Criminal solicitation, conspiracy, attempt to commit a crime; defense of renunciation. (a) In any prosecution for criminal solicitation or conspiracy in which the crime solicited or the crime contemplated by the conspiracy was not in fact committed, it is an affirmative defense that, under circumstances manifesting a voluntary and complete renunciation of the criminal purpose, the accused prevented the commission of the crime. (b) In any prosecution for an attempt to commit a crime it is an affirmative defense that, under circumstances manifesting a voluntary and complete renunciation of the criminal purpose, the accused avoided the commission of the crime attempted by abandoning the criminal effort and, if mere abandonment was insufficient to accomplish avoidance, by taking further and affirmative steps which prevented the commission of the crime attempted. (c) A renunciation is not “voluntary and complete” within the meaning of this section if it is motivated in whole or in part by: (1) A belief that circumstances exist which increase the probability of detection or apprehension of the accused or another participant in the criminal enterprise, or which render more difficult the accomplishment of the criminal purpose; or (2) A decision to postpone the criminal conduct until another time or to transfer the criminal effort to another victim or another but similar objective. 1 Del. C. 1953, §  541; 58 Del. Laws, c. 497, §  1 ; 70 Del. Laws, c. 186, §  1 ; § 542 Exemption of law-enforcement officers. Nothing in this subchapter shall apply to any law-enforcement officer or the officer’s agent while acting in the lawful performance of duty. 11 Del. C. 1953, §  542; 58 Del. Laws, c. 497, §  1 ; 70 Del. Laws, c. 186, §  1 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 601 Offensive touching; unclassified misdemeanor; class A misdemeanor. (a) A person is guilty of offensive touching when the person: (1) Intentionally touches another person either with a member of his or her body or with any instrument, knowing that the person is thereby likely to cause offense or alarm to such other person; or (2) Intentionally strikes another person with saliva, urine, feces or any other bodily fluid, knowing that the person is thereby likely to cause offense or alarm to such other person. (b) When charged with a violation of paragraph (a)(2) of this section, the defendant shall be tested for diseases transmittable through bodily fluids, the cost of such tests to be assessed as costs upon conviction. The results of such tests shall be provided only to the Attorney General, the victim of the offense, the defendant and the Department of Correction’s medical care provider. (c) Any violation of paragraph (a)(1) of this section shall be an unclassified misdemeanor. Notwithstanding the above, any violation of paragraph (a)(1) of this section shall be a class A misdemeanor when the victim is acting in the lawful performance of the victim’s duty as 1 of the following: law-enforcement officer, hospital or nursing home employee, physician, medical professional, ambulance attendant, emergency medical technician, advanced emergency medical technician, paramedic, Delaware State Fire Police Officer, correctional officer, volunteer firefighter or full-time firefighter. Any violation of paragraph (a)(2) of this section shall be a class A misdemeanor. 11 Del. C. 1953, §  601; 58 Del. Laws, c. 497, §  1 ; 67 Del. Laws, c. 130, §  8 ; 70 Del. Laws, c. 186, §  1 ; 71 Del. Laws, c. 382, §  1 ; 73 Del. Laws, c. 108, §§  1, 2 ; 79 Del. Laws, c. 64, §  1 ; § 602 Menacing; unclassified misdemeanor. (a) A person is guilty of menacing when by some movement of body or any instrument the person intentionally places another person in fear of imminent physical injury. Menacing is an unclassified misdemeanor. (b) A person is guilty of aggravated menacing when by displaying what appears to be a deadly weapon that person intentionally places another person in fear of imminent physical injury. Aggravated menacing is a class E felony. 11 Del. C. 1953, §  602; 58 Del. Laws, c. 497, §  1 ; 67 Del. Laws, c. 130, §  8 ; 70 Del. Laws, c. 159, §§  1, 2 ; 70 Del. Laws, c. 186, §  1 ; § 603 Reckless endangering in the second degree; class A misdemeanor. (a) A person is guilty of reckless endangering in the second degree when: (1) The person recklessly engages in conduct which creates a substantial risk of physical injury to another person; or (2) 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. (b) Reckless endangering in the second degree is a class A misdemeanor. 11 Del. C. 1953, §  603; 58 Del. Laws, c. 497, §  1 ; 67 Del. Laws, c. 130, §  8 ; 70 Del. Laws, c. 186, §  1 ; 71 Del. Laws, c. 359, §  1 ; § 604 Reckless endangering in the first degree; class E felony. A person is guilty of reckless endangering in the first degree when the person recklessly engages in conduct which creates a substantial risk of death to another person. Reckless endangering in the first degree is a class E felony. 11 Del. C. 1953, §  604; 58 Del. Laws, c. 497, §  1 ; 67 Del. Laws, c. 130, §  8 ; 69 Del. Laws, c. 24, §  2 ; 70 Del. Laws, c. 186, §  1 ; 72 Del. Laws, c. 34, §  9 ; § 605 Abuse of a pregnant female in the second degree; class C felony. (a) A person is guilty of abuse of a pregnant female in the second degree when in the course of or in furtherance of the commission or attempted commission of assault third degree or any violent felony against or upon a pregnant female, or while in immediate flight therefrom, the person recklessly and without her consent causes the unlawful termination of her pregnancy. (b) It is no defense to a prosecution under this section that the person was unaware that the victim was pregnant. (c) Prosecution under this section does not preclude prosecution under any other section of the Delaware Code. Abuse of a pregnant female in the second degree is a class C felony. 72 Del. Laws, c. 43, §  3 ; 70 Del. Laws, c. 186, §  1 ; § 606 Abuse of a pregnant female in the first degree; class B felony. (a) A person is guilty of abuse of a pregnant female in the first degree when in the course of or in furtherance of the commission or attempted commission of assault third degree any violent felony against or upon a pregnant female, or while in immediate flight therefrom, the person intentionally and without her consent causes the unlawful termination of her pregnancy. (b) It is no defense to a prosecution under this section that the person was unaware that the victim was pregnant. (c) Prosecution under this section does not preclude prosecution under any other section of the Delaware Code. Abuse of a pregnant female in the first degree is a class B felony. 72 Del. Laws, c. 43, §  4 ; 70 Del. Laws, c. 186, §  1 ; § 607 Strangulation or suffocation; class B or D felony; penalty; affirmative defense. (a) (1) A person commits the offense of strangulation if the person knowingly or intentionally impedes the normal breathing or circulation of the blood of another person by applying pressure on the throat or neck of the other person. (2) A person commits the offense of suffocation if the person knowingly or intentionally prevents another person from breathing by blocking or obstructing the nose or mouth of the other person. (b) (1) Except as provided in paragraph (b)(2) of this section, strangulation or suffocation is a class D felony. (2) Strangulation or suffocation is a class B felony if: a. The person used or attempted to use a dangerous instrument or a deadly weapon while committing the offense; or b. The person caused serious physical injury to the other person while committing the offense; or c. [Repealed] d. The person was subject to an existing court order prohibiting contact with the victim at the time of the offense; or e. The person committed the offense against a pregnant female; or f. The person committed the offense against a child. (c) Notwithstanding any provisions of this Code to the contrary, any person who commits an offense under subsection (a) of this section within 5 years of a prior conviction under either subsection (a) or (b) of this section or a substantially similar section of another state, shall receive a minimum sentence of 1 year at Level 5. (d) The absence of visible bodily injury shall not preclude a conviction under this section. (e) It is an affirmative defense that an act constituting strangulation was the result of a legitimate medical procedure. 77 Del. Laws, c. 256, §  1 ; 83 Del. Laws, c. 392, § 1 ; § 607A Aggravated strangulation; penalty; defenses. (a) As used in this section: (1) “Chokehold” means of any of the following: a. A technique intended to restrict another person’s airway, or prevent or restrict the breathing of another person. b. A technique intended to constrict the flow of blood by applying pressure or force to the carotid artery, the jugular vein, or the side of the neck of another person. (2) “Law-enforcement officer” means as defined in § 222 of this title. (b) A person commits the offense of aggravated strangulation if all of the following conditions are satisfied: (1) The person is a law-enforcement officer. (2) The person knowingly or intentionally uses a chokehold on another person. (3) The person is acting within the person’s official capacity as a law-enforcement officer. (c) Notwithstanding §§ 462-468 of this title to the contrary, the use of a chokehold is only justifiable when the person reasonably believes that the use of deadly force is necessary to protect the life of a civilian or a law-enforcement officer. (d) Except as provided in paragraph (e) of this section, aggravated strangulation is a class D felony. (e) Aggravated strangulation is a class C felony if the person caused serious physical injury or death to the other person while committing the offense. (f) A charge under this section does not limit or preclude any other charge being brought against the person. 82 Del. Laws, c. 281, § 1 ; 83 Del. Laws, c. 37, § 4 ; § 611 Assault in the third degree; class A misdemeanor. 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. Assault in the third degree is a class A misdemeanor. 11 Del. C. 1953, §  611; 58 Del. Laws, c. 497, §  1 ; 67 Del. Laws, c. 130, §  8 ; 70 Del. Laws, c. 186, §  1 ; § 612 Assault in the second degree; class C or D felony. (a) A person is guilty of assault in the second degree when: (1) The person recklessly or intentionally causes serious physical injury to another person; or (2) The person recklessly or intentionally causes physical injury to another person by means of a deadly weapon or a dangerous instrument; or (3) The person intentionally causes physical injury to a law-enforcement officer, a volunteer firefighter, a full-time firefighter, emergency medical technician, paramedic, fire police officer, fire marshal, correctional officer, a sheriff, a deputy sheriff, public transit operator, hospital security officer or constable, code enforcement constable, a code enforcement officer, or a postal worker who is acting in the lawful performance of duty. For purposes of this subsection, if a law-enforcement officer is off duty and the nature of the assault is related to that law-enforcement officer’s official position, then it shall fall within the meaning of “official duties” of a law-enforcement officer; or (4) The person intentionally causes physical injury to the operator of an ambulance, a rescue squad member, licensed practical nurse, registered nurse, paramedic, licensed medical doctor, or any person providing health-care treatment or employed by a health-care provider while such person is performing a work-related duty; or (5) The person intentionally causes physical injury to any other person while such person is rendering emergency care; or (6) The person recklessly or intentionally causes physical injury to another person who is 62 years of age or older; or (7) The person intentionally assaults a law-enforcement officer while in the performance of the officer’s duties, with any disabling chemical spray, or with any aerosol or hand sprayed liquid or gas with the intent to incapacitate such officer and prevent the officer from performing such duties; or (8) The person intentionally, while engaged in commission of any crime enumerated in this chapter, assaults any other person with any disabling chemical spray, or with any aerosol or hand sprayed liquid or gas with the intent to incapacitate the victim; or (9) The person intentionally causes physical injury to any state employee or officer when that employee or officer is discharging or attempting to discharge a duty of employment or office; or (10) The person recklessly or intentionally causes physical injury to a pregnant female. It is no defense to a prosecution under this subsection that the person was unaware that the victim was pregnant; or (11) A person who is 18 years of age or older and who recklessly or intentionally causes physical injury to another person who has not yet reached the age of 6 years. In any prosecution of a parent, guardian, foster parent, legal custodian or other person similarly responsible for the general care and supervision of a child victim pursuant to this paragraph, the State shall be required to prove beyond a reasonable doubt the absence of any justification offered by § 468(1) of this title. In any prosecution of a teacher or school administrator pursuant to this paragraph, the State shall be required to prove beyond a reasonable doubt the absence of any justification offered by § 468(2) of this title; or (12) The person recklessly or intentionally causes physical injury to a law-enforcement officer, security officer, fire police officer, fire fighter, paramedic, or emergency medical technician in the lawful performance of their duties by means of an electronic control device shall be a class C felony. (b) It is no defense, for an offense under paragraph (a)(6) of this section, that the accused did not know the person’s age or that the accused reasonably believed the person to be under the age of 62. (c) It is no defense, for an offense under paragraph (a)(11) of this section, that the accused did not know the person’s age or that the accused reasonably believed the person to be 6 years of age or older. (d) Assault in the second degree is a class D felony, unless the offense is a class C felony as described in paragraph (a)(12) of this section. 11 Del. C. 1953, §  612; 58 Del. Laws, c. 497, §  1 ; 63 Del. Laws, c. 50, §  1 ; 63 Del. Laws, c. 237, §  1 ; 67 Del. Laws, c. 130, §  8 ; 68 Del. Laws, c. 129, §§  1, 3 ; 69 Del. Laws, c. 24, §§  3, 4 ; 69 Del. Laws, c. 189, §  1 ; 69 Del. Laws, c. 367, §  1 ; 70 Del. Laws, c. 128, §§  1-5 ; 70 Del. Laws, c. 186, §  1 ; 71 Del. Laws, c. 307, §  1 ; 71 Del. Laws, c. 374, §§  4, 5 ; 72 Del. Laws, c. 34, §  10 ; 72 Del. Laws, c. 43, §  5 ; 72 Del. Laws, c. 173, §§  1, 2 ; 73 Del. Laws, c. 126, §§  3, 16 ; 74 Del. Laws, c. 199 ; 76 Del. Laws, c. 270, §  3 ; 77 Del. Laws, c. 119, §  1 ; 77 Del. Laws, c. 265, §  1 ; 78 Del. Laws, c. 325, §  1 ; 80 Del. Laws, c. 287, § 1 ; 83 Del. Laws, c. 334, § 1 ; 84 Del. Laws, c. 514, § 15 ; 85 Del. Laws, c. 380, § 1 ; § 613 Assault in the first degree; class B felony. (a) A person is guilty of assault in the first degree when: (1) The person intentionally causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument; or (2) The person intentionally disfigures another person seriously and permanently, or intentionally destroys, amputates or disables permanently a member or organ of another person’s body; or (3) The person recklessly engages in conduct which creates a substantial risk of death to another person, and thereby causes serious physical injury to another person; or (4) While engaged in the commission of, or attempt to commit, or flight after committing or attempting to commit any felony, the person intentionally or recklessly causes serious physical injury to another person; or (5) The person intentionally causes serious physical injury to a law-enforcement officer, a volunteer firefighter, a full-time firefighter, emergency medical technician, paramedic, fire police officer, fire marshal, public transit operator, a code enforcement constable or a code enforcement officer who is acting in the lawful performance of duty; or (6) The person intentionally causes serious physical injury to the operator of an ambulance, a rescue squad member, licensed practical nurse, registered nurse, paramedic, licensed medical doctor or any other person while such person is rendering emergency care; or (7) The person intentionally causes serious physical injury to another person who is 62 years of age or older. (b) It is no defense, for an offense under paragraph (a)(7) of this section, that the accused did not know the person’s age or that the accused reasonably believed the person to be under the age of 62. (c) Assault in the first degree is a class B felony. 11 Del. C. 1953, §  613; 58 Del. Laws, c. 497, §  1 ; 63 Del. Laws, c. 50, §  2 ; 63 Del. Laws, c. 237, §  2 ; 67 Del. Laws, c. 130, §  8 ; 68 Del. Laws, c. 129, §§  2, 3 ; 69 Del. Laws, c. 24, §§  5, 6 ; 70 Del. Laws, c. 186, §  1 ; 72 Del. Laws, c. 34, §  11 ; 73 Del. Laws, c. 126, §§  4, 16 ; 74 Del. Laws, c. 106, §  1 ; 75 Del. Laws, c. 168, §  1 ; 77 Del. Laws, c. 119, §  2 ; 77 Del. Laws, c. 265, §  2 ; 78 Del. Laws, c. 325, §  2 ; § 614 Abuse of a sports official; class G felony; class A misdemeanor. (a) A person is guilty of abuse of a sports official whenever the person intentionally or recklessly commits the following acts against a sports official who is acting in the lawful performance of duty: (1) Reckless endangering in the second degree, as set forth in § 603 of this title; or (2) Assault in the third degree, as set forth in § 611 of this title; or (3) Terroristic threatening, as set forth in § 621 of this title; or (4) Criminal mischief, as set forth in § 811 of this title. (b) For purposes of this section, the words “sports official” shall mean any person who serves as a registered, paid or volunteer referee, umpire, line judge or acts in any similar capacity during a sporting event. For purposes of this section, the words, “lawful performance of duty” means the time immediately prior to, during and/or immediately after the sporting event. (c) Whoever violates subsection (a) of this section shall be guilty of a class A misdemeanor. Upon conviction for a second or subsequent offense under this section, such person shall be guilty of a class G felony. Notwithstanding Chapter 42 of this title, such person shall be fined not less than $1,000 nor more than $2,350. In addition to the fines imposed by this subsection, any person who is guilty of abuse of a sports official shall be prohibited from participating in and/or attending any organized sporting event for a period of not less than 3 months nor more than 12 months. (d) Except as provided in § 922 of Title 10, and notwithstanding any other provision of law to the contrary, the Court of Common Pleas shall have original jurisdiction to hear, try and finally determine any violation of this section, and any other misdemeanor violation of any offense set forth in this title which was allegedly committed during the same incident. Prosecution under this section shall not preclude a separate charge, conviction and sentence for any other crime set forth in the Code. 67 Del. Laws, c. 247, §  1 ; 70 Del. Laws, c. 186, §  1 ; 74 Del. Laws, c. 342, §  1 ; § 615 Assault by abuse or neglect; class B felony [Transferred]. Transferred to § 1103B of this title by 78 Del. Laws, c. 406, § 3, effective Sept. 12, 2012. § 616 Gang participation. (a) Definitions. — 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 1 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 and [former] § 826A of this title [repealed]. 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 §§ 4752, 4753, 4756, or 4757(c) of Title 16. (b) 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. (c) 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. 74 Del. Laws, c. 115, §  1 ; 78 Del. Laws, c. 13, §  4 ; 78 Del. Laws, c. 252, §  5 ; 82 Del. Laws, c. 215, § 1 ; 82 Del. Laws, c. 217, § 19 ; § 617 Criminal youth gangs. (a) Definitions. — 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. (b) 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 become 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. If the acts or activities violating this section also violate another provision of law, a prosecution under this section shall not prohibit or bar any prosecution or proceeding under such other provision or the imposition of any penalties provided for thereby. 75 Del. Laws, c. 421, §  1 ; 70 Del. Laws, c. 186, §  1 ; § 621 Terroristic threatening. (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. Any violation of paragraph (a)(2)a. of this section shall be a class E felony. Any violation of paragraph (a)(2)b. or c. of this section shall be a class G felony unless the place at which the risk of 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. (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: (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. (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. 11 Del. C. 1953, §  621; 58 Del. Laws, c. 497, §  1 ; 67 Del. Laws, c. 130, §  8 ; 70 Del. Laws, c. 186, §  1 ; 70 Del. Laws, c. 330, §  1 ; 73 Del. Laws, c. 126, §§  5, 6 ; 73 Del. Laws, c. 255, §  1 ; 80 Del. Laws, c. 14, §  1 ; § 622 Hoax device; class F felony. (a) 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. (b) 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 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. 74 Del. Laws, c. 420, §  1 ; § 625 Unlawfully administering drugs; class A misdemeanor. 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. 11 Del. C. 1953, §  625; 58 Del. Laws, c. 497, §  1 ; 67 Del. Laws, c. 130, §  8 ; 70 Del. Laws, c. 186, §  1 ; § 626 Unlawfully administering controlled substance or counterfeit substance or narcotic drugs; class G felony. A person is guilty of unlawfully administering a controlled substance or counterfeit substance or narcotic drugs when, for a purpose other than lawful medical or therapeutic treatment, the person intentionally introduces or causes introduction into the body of another person, without consent, a controlled substance or counterfeit substance or narcotic drug. Unlawfully administering controlled substance or counterfeit substance or narcotic drugs is a class G felony. 11 Del. C. 1953, §  626; 58 Del. Laws, c. 497, §  1 ; 67 Del. Laws, c. 130, §  8 ; 70 Del. Laws, c. 186, §  1 ; § 627 Prohibited acts as to substances releasing vapors or fumes; unclassified misdemeanor. 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. Any violation of this section shall be an unclassified misdemeanor. 11 Del. C. 1953, §  627; 58 Del. Laws, c. 497, §  1 ; 65 Del. Laws, c. 286, §  1 ; 67 Del. Laws, c. 130, §  8 ; 70 Del. Laws, c. 186, §  1 ; § 628 Vehicular assault in the third degree; class B misdemeanor [Transferred]. A person is guilty of vehicular assault in the third degree when, while in the course of driving or operating a motor vehicle, the person’s criminally negligent driving or operation of said vehicle causes physical injury to another person. Vehicular assault in the third degree is a class B misdemeanor. 78 Del. Laws, c. 168, §  2 ; § 628A Vehicular assault in the second degree; class A misdemeanor. 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 criminally negligent driving or operation of said vehicle causes serious 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, as defined by § 4177 of Title 21, the person’s negligent driving or operation of said vehicle causes physical injury to another person. Vehicular assault in the second degree is a class A misdemeanor. 63 Del. Laws, c. 88, §  1 ; 67 Del. Laws, c. 130, §  8 ; 70 Del. Laws, c. 186, §  1 ; 74 Del. Laws, c. 333, §  5 ; 75 Del. Laws, c. 315, §  7 ; 78 Del. Laws, c. 168, §§  1, 2 ; § 629 Vehicular assault in the first degree; class F felony. A person is guilty of vehicular assault in the first degree when 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, as defined by § 4177 of Title 21, the person’s negligent driving or operation of said vehicle causes serious physical injury to another person. Vehicular assault in the first degree is a class F felony. 63 Del. Laws, c. 88, §  2 ; 67 Del. Laws, c. 130, §  8 ; 68 Del. Laws, c. 361, §§  1, 2 ; 70 Del. Laws, c. 186, §  1 ; 74 Del. Laws, c. 333, §  5 ; 75 Del. Laws, c. 315, §  7 ; § 630 Vehicular homicide in the second degree; class D felony; minimum sentence; juvenile offenders. (a) 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 D felony. (b) 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. (c) Every person charged under this section after having reached his or her sixteenth birthday, shall be treated for purposes of trial or other disposition of the charge, including but not limited to sentencing, as an adult, notwithstanding any contrary provisions of statutes governing the Family Court, or any other state law, except that the mandatory minimum sentencing provisions of subsection (b) of this section and § 630A(b) of this title shall not apply to juveniles. Any such case involving a juvenile shall be subject to the transfer provisions of § 1011 of Title 10. 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. 63 Del. Laws, c. 88, §  3 ; 65 Del. Laws, c. 357, §  1 ; 67 Del. Laws, c. 130, §  8 ; 67 Del. Laws, c. 246, §  1 ; 70 Del. Laws, c. 186, §  1 ; 74 Del. Laws, c. 333, §  5 ; 75 Del. Laws, c. 315, §  7 ; 78 Del. Laws, c. 168, §  3 ; § 630A Vehicular homicide in the first degree; class C felony; minimum sentence; juvenile offenders. (a) 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 C felony. (b) The minimum sentence required by this section shall be 2 years, notwithstanding § 4205(b)(5) 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 18 months of such sentence. (c) Every person charged under this section after having reached his or her sixteenth birthday, shall be treated for purposes of trial or other disposition of the charge, including but not limited to sentencing, as an adult, notwithstanding any contrary provisions of statutes governing the Family Court, or any other state law, except that the mandatory minimum sentencing provisions of subsection (b) of this section and § 630(b) of this title shall not apply to juveniles. Any such case involving a juvenile shall be subject to the transfer provisions of § 1011 of Title 10. 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 his or her eighteenth 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. 63 Del. Laws, c. 88, §  4 ; 65 Del. Laws, c. 357, §  2 ; 67 Del. Laws, c. 130, §  8 ; 67 Del. Laws, c. 246, §  1 ; 70 Del. Laws, c. 186, §  1 ; 74 Del. Laws, c. 333, §  5 ; 75 Del. Laws, c. 315, §  7 ; 78 Del. Laws, c. 168, §  4 ; Part B Acts Causing Death § 631 Criminally negligent homicide; class D felony. 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 D felony. 11 Del. C. 1953, §  631; 58 Del. Laws, c. 497, §  1 ; 67 Del. Laws, c. 130, §  8 ; 70 Del. Laws, c. 186, §  1 ; 78 Del. Laws, c. 168, §  5 ; § 632 Manslaughter; class B felony. 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) [Repealed.] (5) The person intentionally causes another person to commit suicide. Manslaughter is a class B felony. 11 Del. C. 1953, §  632; 58 Del. Laws, c. 497, §  1 ; 67 Del. Laws, c. 130, §  8 ; 70 Del. Laws, c. 186, §  1 ; 74 Del. Laws, c. 106, §  2 ; 83 Del. Laws, c. 200, § 1 ; § 633 Murder by abuse or neglect in the second degree; class B felony. (a) 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. (b) For the purpose of this section: (1) “Abuse” and “neglect” shall have the same meaning as set forth in § 1100 of this title. (2) “Child” shall refer to any person who has not yet reached that person’s fourteenth birthday. (3) “Previous pattern” of abuse and/or neglect shall mean 2 or more incidents of conduct: a. That constitute an act of abuse and/or neglect; and b. Are not so closely related to each other or connected in point of time and place that they constitute a single event. (c) A conviction is not required for an act of abuse or neglect to be used in prosecution of a matter under this section, including an act used as proof of a previous pattern as defined in paragraph (b)(3) of this section. A conviction for any act of abuse or neglect, including one which may be relied upon to establish a previous pattern of abuse and/or neglect does not preclude prosecution under this section. Prosecution under this section does not preclude prosecution under any other section of the Code. (d) 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. 70 Del. Laws, c. 186, §  1 ; 70 Del. Laws, c. 266, §  1 ; 70 Del. Laws, c. 382, §  1 ; 72 Del. Laws, c. 197, §§  2-4 ; 78 Del. Laws, c. 406, §  1 ; § 634 Murder by abuse or neglect in the first degree; class A felony. (a) 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. (b) For the purpose of this section: (1) “Abuse” and “neglect” shall have the same meaning as set forth in § 1100 of this title. (2) “Child” shall refer to any person who has not yet reached that person’s fourteenth birthday. (3) “Previous pattern” of abuse and/or neglect shall mean 2 or more incidents of conduct: a. That constitute an act of abuse and/or neglect; and b. Are not so closely related to each other or connected in point of time and place that they constitute a single event. (c) A conviction is not required for an act of abuse or neglect to be used in prosecution of a matter under this section including an act used as proof of the previous pattern as defined in paragraph (b)(3) of this section. A conviction for any act of abuse or neglect including one which may be relied upon to establish the previous pattern of abuse and/or neglect does not preclude prosecution under this section. Prosecution under this section does not preclude prosecution under any other section of the Code. (d) Murder by abuse or neglect in the first degree is a class A felony. 70 Del. Laws, c. 186, §  1 ; 70 Del. Laws, c. 266, §  2 ; 72 Del. Laws, c. 197, §§  5, 6 ; 78 Del. Laws, c. 406, §  1 ; § 635 Murder in the second degree; 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. 11 Del. C. 1953, §  635; 58 Del. Laws, c. 497, §  1 ; 59 Del. Laws, c. 203, §  35 ; 67 Del. Laws, c. 130, §  8 ; 67 Del. Laws, c. 350, §  29 ; 70 Del. Laws, c. 186, §  1 ; 74 Del. Laws, c. 106, §  3 ; 74 Del. Laws, c. 246, §  1 ; § 636 Murder in the first degree; class A felony. (a) 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. (b) Murder in the first degree is a class A felony and shall be punished: (1) As provided in § 4209 of this title for an offense that was committed after the person had reached the person’s eighteenth birthday; and (2) As provided in § 4209A of this title for an offense that was committed before the person had reached the person’s eighteenth birthday. 11 Del. C. 1953, §  636; 58 Del. Laws