Del. Code tit. 11 § 634

Current through 2024 Legislative Session Act Chapter 254
Section 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 14th 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.

11 Del. C. § 634

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.;