Del. Code tit. 11 § 4201

Current through 2024 Legislative Session Act Chapter 254

Section 4201 - Transition provisions

(a) Felonies are classified, for the purpose of sentence, into 7 categories:

(1) Class A felonies;

(2) Class B felonies;

(3) Class C felonies;

(4) Class D felonies;

(5) Class E felonies;

(6) Class F felonies;

(7) Class G felonies.

(b) Any crime or offense which is designated as a felony but which is not specifically given a class shall be a class G felony and shall carry the sentence provided for said class felony.

(c) The following felonies shall be designated as violent felonies:

(1)

Title 11, Section Crime

513 Conspiracy First Degree

602 Aggravated Menacing

604 Reckless Endangering First Degree

605 Abuse of a Pregnant Female in the Second Degree

606 Abuse of a Pregnant Female in the First Degree

612 Assault in the Second Degree

613 Assault in the First Degree

614 Assault on a Sports Official

615 Assault by Abuse

617 Criminal Youth Gangs

629 Vehicular Assault in the First Degree

630 Vehicular Homicide in the Second Degree

630A Vehicular Homicide in the First Degree

631 Criminally Negligent Homicide

632 Manslaughter

633 Murder by Abuse or Neglect in the Second Degree

634 Murder by Abuse or Neglect in the First Degree

635 Murder in the Second Degree

636 Murder in the First Degree

645 Promoting Suicide

607 Strangulation

768 Unlawful Sexual Contact in the Second Degree

769 Unlawful Sexual Contact in the First Degree

770 Former Unlawful Sexual Penetration in the Third Degree or

Rape in the Fourth Degree

771 Former Unlawful Sexual Penetration in the Second Degree or

Rape in the Third Degree

772 Former Unlawful Sexual Penetration in the First Degree or

Rape in the Second Degree

773 Former Unlawful Sexual Intercourse in the Third Degree or

Rape in the First Degree

774 Sexual Extortion

775 Bestiality

776 Continuous Sexual Abuse of Child

777 Dangerous Crime Against a Child

777A Sex Offender Unlawful Sexual Conduct Against a Child

778 Sexual Abuse of a Child by a Person in a Position of Trust,

Authority or Supervision in the First Degree

778A Sexual Abuse of a Child by a Person in a Position of

Trust, Authority or Supervision in the Second Degree

782 Unlawful Imprisonment in the First Degree

783 Kidnapping in the Second Degree

783A Kidnapping in the First Degree

787 Trafficking of an Individual, Forced Labor and Sexual Servitude

802 Arson in the Second Degree

803 Arson in the First Degree

825 Burglary in the Second Degree

826 Burglary in the First Degree

826A Home Invasion

831 Robbery in the Second Degree

832 Robbery in the First Degree

835 Carjacking in the Second Degree

836 Carjacking in the First Degree

846 Extortion

1103B Child Abuse in the Second Degree

1103C Child Abuse in the First Degree

1108 Sexual Exploitation of a Child

1109 Unlawfully Dealing in Child Pornography

1112A Sexual Solicitation of a Child

1112B Promoting Sexual Solicitation of a Child

1250 Assault in the First Degree Against a Law-Enforcement

Animal

1253 Escape After Conviction, if convicted as a Class C Felony

or a Class B Felony

1254 Assault in a Detention Facility

1256 Promoting Prison Contraband (Deadly Weapon)

1257(a) Resisting Arrest with Force or Violence

1302 Riot

1304 Hate Crimes

1312 Stalking

1338 Bombs, Incendiary Devices, Molotov Cocktails and

Explosive Devices

1339 Adulteration (Causing Injury or Death)

1353 Promoting Prostitution in the First Degree

1442 Carrying a Concealed Deadly Weapon (Firearm Offense)

1444 Possessing a Destructive Weapon

1445 Unlawfully Dealing With a Dangerous Weapon

1447 Possessing a Deadly Weapon During the Commission of a

Felony

1447A Possessing a Firearm during the Commission of a Felony

1448(e) Possession of a Deadly Weapon by Persons Prohibited

(Firearm or Destructive Weapon Purchased, Owned, Possessed or Controlled by a Violent Felon).

1455 Engaging in a Firearms Transaction on Behalf of Another

(Subsequent Offense)

1449 Wearing Body Armor During the Commission of a Felony

1503 Racketeering

3533 Aggravated Act of Intimidation

Title 16, Section Crime

1136 Abuse/Mistreatment/Neglect of a Patient

4751 Former Manufacture/Delivery/Possession With Intent to

Deliver a Controlled or Counterfeit Controlled Substance, Manufacture or

Delivery Causing Death

4752 Former Manufacture/Delivery/Possession With Intent to

Deliver a Controlled or Counterfeit Controlled Substance

4752A Former Unlawful Delivery of a Noncontrolled Substance

4753A Former Trafficking in Marijuana, Cocaine, Illegal Drugs,

Methamphetamine, LSD, Designer Drugs or MDMA

4752 Drug Dealing - Aggravated Possession; Class B Felony

4753 Drug Dealing - Aggravated Possession; Class C Felony

4754(1) Drug Dealing - Aggravated Possession; Class D Felony

4761 Former Distribution to Minors

4761(c) and (d) Illegal Delivery of Prescription Drugs

4774 Delivery of Drug Paraphernalia to a Minor

Title 31, Section Crime

3913 Abuse/Neglect/Exploit/Mistreat an Adult who is Impaired

(2) Any attempt to commit any felony designated in paragraph (c)(1) of this section as a violent felony shall also be designated as a violent felony.

(d) Any attempt to commit any felony designated in subsection (c) of this section as a violent felony shall also be designated as a violent felony.

11 Del. C. § 4201

Amended by Laws 2023 , ch. 223, s 1, eff. 9/21/2023.

Amended by Laws 2023 , ch. 126, s 10, eff. 7/31/2023.

Amended by Laws 2015 , ch. 173, s 1, eff. 9/3/2015.

Amended by Laws 2015 , ch. 28, s 1, eff. 6/2/2015.

Amended by Laws 2013 , ch. 276, s 3, eff. 6/30/2014.

67 Del. Laws, c. 130, §6; 70 Del. Laws, c. 477, § 1; 71 Del. Laws, c. 285, § 14; 71 Del. Laws, c. 467, § 10; 72 Del. Laws, c. 34, § 5; 72 Del. Laws, c. 43, § 6; 72 Del. Laws, c. 197, § 7; 72 Del. Laws, c. 480, § 17; 74 Del. Laws, c. 106, § 8; 75 Del. Laws, c. 421, § 3 [2]; 76 Del. Laws, c. 66, § 3; 76 Del. Laws, c. 343, § 5; 77 Del. Laws, c. 313, § 2; 77 Del. Laws, c. 318, § 13; 78 Del. Laws, c. 13, §§ 8 - 10; 78 Del. Laws, c. 224, § 19; 78 Del. Laws, c. 252, § 9.;