Del. Code tit. 10 § 922

Current through 2024 Legislative Session Act Chapter 254
Section 922 - Exclusive and concurrent original criminal jurisdiction
(a) Except as provided in subsections (b), (c), (d) and (e) of this section, the Court shall have exclusive original criminal jurisdiction in all proceedings in this State concerning the following, the enumeration of which shall not be construed to exclude jurisdiction otherwise conferred upon the Court:
(1) Ill treatment, abuse, abandonment or contributing to the delinquency of a child, or any misdemeanor committed against a child;
(2) Offenses, except felonies, committed:
a. by 1 member against another member of the family;
b. between former spouses;
c. persons cohabitating together who are holding themselves out as a couple, with or without a child in common; or
d. persons living separate and apart with a child in common.
(3) Offenses, except felonies, in which the defendant is a member of a family and the complainant is a peace officer and the criminal act complained of was committed during a family altercation;
(4) Misdemeanor criminal nonsupport and misdemeanor aggravated criminal nonsupport under 11 Del. C. § 1113;
(5) Illegitimacy proceedings under 13 Del. C. §§ 1321-1335 [repealed];
(6) Children of immoral parents under 13 Del. C. § 706 [repealed];
(7) Aiding a child who escapes from the Department of Services for Children, Youth and Their Families under 31 Del. C. § 5311;
(8) Cruel treatment and wrongful disposition or employment of children under 11 Del. C. § 1102;
(9) Interference with custody of a child under 11 Del. C. § 785;
(10) Placing a resident or bringing a nonresident dependent child into Delaware without consent of the Department of Services for Children, Youth and Their Families under 31 Del. C. §§ 307, 351, except as provided in the Interstate Compact for Juveniles;
(11) Sale or delivery of an alcoholic beverage to a child under 4 Del. C. § 904;
(12) Permitting a child to remain where alcoholic beverages are sold under 11 Del. C. § 1106;
(13) Permitting a child to be present where gambling activity is maintained or conducted under 11 Del. C. § 1106;
(14) Sale of weapons to a child under 24 Del. C. § 903;
(15) Sexual assault on a child under 11 Del. C. § 761;
(16) Intra-family offenses against the person under 11 Del. C. §§ 601, 602, 611;
(17) Incest under 11 Del. C. § 766;
(18) Reciprocal support proceedings against or on behalf of nonresidents under 13 Del. C., c. 6, where appropriate;
(19) Unlawful sexual contact in the third degree against a child under 11 Del. C. § 767;
(20) Violation of a protective order under 11 Del. C. § 1271A;
(21) Offenses involving the reporting of new hires under § 1156A of Title 30.
(b) The Court shall have concurrent criminal jurisdiction with the Justice of the Peace Court in all proceedings concerning alleged curfew violations under §§ 39-14 through 39-16 of the Wilmington Code.
(c) The Court shall have concurrent criminal jurisdiction with the Justice of the Peace Courts in all proceedings concerning alleged curfew violations pursuant to any municipal ordinance.
(d) Notwithstanding the provisions of paragraphs (a)(1)-(a)(3), (a)(17) and (a)(20) of this section, if offenses or criminal cases within the exclusive original jurisdiction of Family Court otherwise may be joined properly with a felony within the jurisdiction of Superior Court, such offenses or criminal cases shall be within the jurisdiction of Superior Court.
(e) Notwithstanding the provisions of paragraphs (a)(1)-(a)(3), (a)(17) and (a)(20) of this section, if offenses or criminal cases within the exclusive jurisdiction of the Family Court and in which the defendant is an adult otherwise may be joined properly with a criminal case or other offense that is within the jurisdiction of the Court of Common Pleas, such offenses or criminal cases shall be within the jurisdiction of the Court of Common Pleas, except that this subsection shall not apply to offenses or criminal cases involving felonies.

10 Del. C. § 922

Amended by Laws 2015, ch. 364,s 2, eff. 8/3/2016.
10 Del. C. 1953, § 922; 58 Del. Laws, c. 114, § 1; 58 Del. Laws, c. 497, § 4; 63 Del. Laws, c. 93, §1; 64 Del. Laws, c. 108, §§6, 20; 66 Del. Laws, c. 189, §§1, 2; 66 Del. Laws, c. 269, §§13, 14; 68 Del. Laws, c. 66, §§1, 2; 69 Del. Laws, c. 160, §3; 70 Del. Laws, c. 100, § 4; 70 Del. Laws, c. 318, § 2; 70 Del. Laws, c. 448, § 3; 71 Del. Laws, c. 29, §§ 1, 2; 71 Del. Laws, c. 176, § 3; 71 Del. Laws, c. 216, § 158; 75 Del. Laws, c. 110, §§ 1, 2.;