Del. Code tit. 11 § 1105

Current through 2024 Legislative Session Act Chapter 531

Section 1105 - Crime against a vulnerable adult

(a) Any person who commits, or attempts to commit, any of the crimes or offenses set forth in subsection (f) of this section against a person who is a vulnerable adult is guilty of a crime against a vulnerable adult.

(b) A crime against a vulnerable adult shall be punished as follows:

(1) If the underlying offense is an unclassified misdemeanor, or a class B misdemeanor, the crime against a vulnerable adult shall be a class A misdemeanor;

(2) If the underlying offense is a class A misdemeanor, the crime against a vulnerable adult shall be a class G felony;

(3) If the underlying offense is a class D, E, F, or G felony, the crime against a vulnerable adult shall be 1 class higher than the underlying offense.

(c) "Vulnerable adult" means a person 18 years of age or older who, by reason of isolation, sickness, debilitation, mental illness or physical, mental or cognitive disability, is easily susceptible to abuse, neglect, mistreatment, intimidation, manipulation, coercion or exploitation. Without limitation, the term "vulnerable adult" includes any adult for whom a guardian or the person or property has been appointed.

(d) Notwithstanding any provision of law to the contrary, it is no defense to an offense or sentencing provision set forth in this section that the accused did not know that the victim was a vulnerable adult or that the accused reasonably believed the person was not a vulnerable adult unless the statute defining the underlying offense, or a related statute, expressly provides that knowledge that the victim is a vulnerable adult is a defense.

(e) No person shall be sentenced for both an underlying offense and a crime against a vulnerable adult. No person shall be sentenced for a violation of subsection (a) of this section if the underlying offense, as charged against the accused, has an element that the victim was 62 years of age or older or was an "adult who is impaired" as defined in § 3902 of Title 31.

(f) The following shall be underlying offenses for the purposes of this section:

Title 11:

Title 11:
§ 601	Offensive touching
§ 602(a)	Menacing
§ 602(b)	Aggravated Menacing
§ 603	Reckless endangering in the second degree
§ 604	Reckless endangering in the first degree
§ 605	Abuse of a pregnant female in the second degree
§ 606	Abuse of a pregnant female in the first degree
§ 611	Assault in the third degree
§ 612	Assault in the second degree
§ 621	Terroristic threatening
§ 622	Hoax device
§ 625	Unlawfully administering drugs
§ 626	Unlawfully administering controlled substance or counterfeit substance or narcotic drugs
§ 645	Promoting suicide
§ 763	Sexual harassment
§ 764	Indecent exposure in the second degree
§ 766	Incest
§ 767	Unlawful sexual contact in the third degree
§ 769	Unlawful sexual contact in the first degree
§ 770	Rape in the fourth degree
§ 774	Sexual extortion
§ 780	Female genital mutilation
§ 781	Unlawful imprisonment in the second degree
§ 782	Unlawful imprisonment in the first degree
§ 783	Kidnapping in the second degree
§ 791	Acts constituting coercion
§ 811	Criminal mischief
§ 825	Burglary in the second degree
§ 831	Robbery in the second degree
§ 835	Carjacking in the second degree
§ 841	Theft, except paragraph (c)(3)b.
§ 841A	Theft of a motor vehicle
§ 842	Theft; lost or mislaid property
§ 843	Theft; false pretense
§ 844	Theft; false promise
§ 846	Extortion
§ 848	Misapplication of property
§ 853	Unauthorized use of a vehicle
§ 854	Identity theft
§ 861	Forgery
§ 903	Unlawful use of payment card
§ 909	Securing execution of documents by deception
§ 914	Use of consumer identification information
§ 916	Home improvement fraud
§ 917	New home construction fraud, except paragraph (d)(3)
§ 1001	Bigamy
§ 1311	Harassment
§ 1312	Stalking, except paragraphs (d)(1) and (d)(2)
§ 1335	Violation of privacy
§ 1339	Adulteration
§ 1451	Theft of a firearm
Title 6:
§ 73-604	Securities fraud

11 Del. C. § 1105

Amended by Laws 2013, ch. 260,s 10, eff. 6/19/2014.