Section 4751A - Aggravating factors related to drug offensesFor the purposes of this subchapter:
(1) Each of the following is an "aggravating factor" within the meaning of the offenses in this subchapter: a. The offense was committed within a protected school zone, as defined in § 4701 of this title. b. [Repealed by 2019 Amendment.]c. [Repealed by 2019 Amendment.]d [Repealed by 2019 Amendment.]e. The defendant, during or immediately following the commission of any offense in this did one of the following:1. Intentionally prevented or attempted to prevent a law-enforcement officer, as defined in § 222(15) of Title 11, from effecting an arrest or detention of the defendant by use of force or violence towards the law-enforcement officer.2. Intentionally fled in a vehicle from a law-enforcement officer, as defined in § 222(15) of Title 11, while the law-enforcement officer was effecting an arrest or detention of the defendant, thereby creating a substantial risk of physical injury to other persons.(2) When a defendant is alleged to have committed an offense under this subchapter with an aggravating factor under paragraph (1)e.1. of this section, the defendant may be charged with resisting arrest under § 1257 or the offense to which the aggravating factor applies, but not both.(3) For an aggravating factor under paragraph (1)a. of this section to be charged, a defendant must commit the conduct of an offense under this subchapter in a protected school zone. The aggravating factor under paragraph (1)a. of this section may not be charged if a defendant commits the conduct of an offense under this subchapter outside a protected school zone but is arrested in a protected school zone.Amended by Laws 2019, ch. 217,s 2, eff. 12/15/2019. 78 Del. Laws, c. 13, § 33; 70 Del. Laws, c. 186, § 1.;