Delaware Criminal Laws: Felony and Misdemeanor Classes, Theft, Self-Defense and Bail

Felonies are graded Class A through G, with Level V (prison) terms under § 4205(b): Class A — not less than 15 years up to life imprisonment; Class B — not less than 2 years up to 25 years; Class C — up to 15 years; Class D — up to 8 years; Class E — up to 5 years; Class F — up to 3 years; Class G — up to 2 years. No Level V sentence under this section is subject to parole. The statute does not set fixed felony fine caps; in addition to the prison penalties, 'the court may impose such fines and penalties as it deems appropriate' (§ 4205(k)).

Class A misdemeanor — up to 1 year incarceration at Level V and a fine up to $2,300; Class B misdemeanor — up to 6 months and a fine up to $1,150; unclassified misdemeanor (if no sentence is specified in the law) — up to 30 days and a fine up to $575. Violations: the court may impose a fine of up to $345 for the first offense, up to $690 for the second offense of the same violation and up to $1,150 for the third offense of the same violation.

Theft is a class A misdemeanor unless the victim is 62 or older, an impaired adult or a person with a disability (then a class G felony regardless of amount). When the value of the property or services is more than $1,500, theft is a class G felony (class F felony if the victim is 62 or older, an impaired adult or a person with a disability). More than $50,000 but less than $100,000 — class D felony. $100,000 or more — class B felony. Values may be aggregated across a single act or course of conduct.

Delaware has a duty to retreat in public. The use of deadly force in self-protection is not justifiable if the defendant knows that the necessity of using deadly force can be avoided with complete safety by retreating (or by surrendering property to a person claiming it, or by complying with a demand to refrain from an act the defendant is not legally required to do). The defendant is not obliged to retreat in or from the defendant's dwelling, and is not obliged to retreat in or from the defendant's place of work unless the defendant was the initial aggressor. Deadly force is also not justifiable if the defendant, with the purpose of causing death or serious physical injury, provoked the use of force in the same encounter.

No duty to retreat in or from one's dwelling, and no duty to retreat in or from one's place of work unless the person was the initial aggressor (§ 464(e)). When an occupant of a dwelling is prosecuted for killing or injuring an intruder who was unlawfully in the dwelling, it is a defense that the occupant was in the occupant's own dwelling and: (1) the encounter was sudden and unexpected, compelling the occupant to act instantly; or (2) the occupant reasonably believed the intruder would inflict personal injury upon the occupant or others in the dwelling; or (3) the occupant demanded that the intruder disarm or surrender and the intruder refused (§ 469). Deadly force to protect property is justifiable only in limited cases, including against a person attempting to dispossess the defendant of the defendant's dwelling without a claim of right (§ 466(c)). Civil immunity: a person who used force for the protection of property and has not been convicted of any crime connected with that use of force is not liable for damages to the one against whom the force was used (§ 466(d)).

No limit: prosecution for murder, any class A felony, or an attempt to commit either may be commenced at any time; also at any time for listed sexual offenses and crimes involving a minor victim under § 205(e). Other felonies: within 5 years after the offense. Class A misdemeanors: within 3 years. Class B or C misdemeanors, unclassified misdemeanors and violations: within 2 years. Extensions apply for fraud/breach of fiduciary duty (within 2 years of discovery, not more than 3 extra years), misconduct in office, and prosecutions based on forensic DNA testing (within 10 years). The period does not run while the accused is fleeing or hiding.

Pretrial release is decided by a 'court' — including the Superior Court, Court of Common Pleas, Family Court and Justice of the Peace Court. A capital crime is not bailable (§ 2103(a)). Under the version in effect until February 1, 2027, a person charged with a noncapital crime is released on one of four bond types, ranging from a conditions-of-release bond to a bond secured by cash only (§ 2104(a)); the court 'shall use an empirically developed risk assessment instrument, if available,' which is not binding (§ 2104(e)(1)); and the court shall release a defendant accused of a bailable crime when release is reasonably likely to assure appearance without substantial risk to community safety (§ 2105(a)). For a listed group of serious offenses (including Title 11 class A felonies, first-degree robbery and burglary, and certain firearm and domestic-violence felonies), there is a presumption of a bond secured by cash only (§ 2107(c)). Effective February 1, 2027, revised sections create 'a presumption in favor of release with nonmonetary conditions,' require the least restrictive conditions and the lowest reasonably necessary bail amount, and allow preventive detention without bail for offenses listed in § 2116(b) on clear and convincing evidence.

The Office of Defense Services 'shall represent, without charge, each indigent person who is under arrest or charged with a crime' if the person requests it or the court orders it and the person does not reject it on the record. The Office of Defense Services makes the determination of indigency. A person under 18 arrested or charged with a crime or act of delinquency is automatically eligible. The former administrative fee assessment (§ 4607) was repealed effective April 3, 2023.

'A child who has not yet reached that child's sixteenth birthday is deemed unable to consent to a sexual act with a person more than 4 years older than said child' (§ 761). Rape in the fourth degree (class C felony) includes intercourse with a person who has not reached the sixteenth birthday, or who has not reached the eighteenth birthday when the person is 30 years of age or older (unless married) (§ 770(a)). Close-in-age: where the person committing the act is no more than 4 years older than the victim, it is an affirmative defense that the victim consented, except where the victim had not reached the twelfth birthday (§ 762(d)). Mistake as to age is not a defense (§ 762(a)).

Adult-use marijuana is legal for persons 21 or older: no civil or criminal penalty for adult sharing, or possessing, using, purchasing or transporting, a personal use quantity or less (in a vehicle, in a closed container or not readily accessible) (16 Del. C. § 4764A(b)). 'Personal use quantity' means 1 ounce or less of leaf marijuana, 12 grams or less of concentrated cannabis, or cannabis products containing 750 milligrams or less of delta-9-tetrahydrocannabinol (§ 4701). Possessing more than a personal use quantity is an unclassified misdemeanor (fine not more than $575, imprisonment not more than 3 months, or both). Under 21 with a personal use quantity: civil penalty of $100 for a first violation; not less than $200 nor more than $500 for a second; a third or later violation is an unclassified misdemeanor. Use in an area accessible to the public or in a moving vehicle is an unclassified misdemeanor (fine not more than $200, imprisonment not more than 5 days, or both).

Assault in the third degree, intentionally or recklessly causing physical injury to another person (or negligently injuring someone with a deadly weapon or dangerous instrument), is a Class A misdemeanor, punishable by up to 1 year and a $2,300 fine. Assault in the second degree is a Class D felony (up to 8 years); it covers recklessly or intentionally causing serious physical injury, causing injury with a deadly weapon or dangerous instrument, and injuring protected victims such as police officers, firefighters, health-care workers, people 62 or older, pregnant women and children under 6. Assault in the first degree, a Class B felony (2 to 25 years), includes intentionally causing serious physical injury with a deadly weapon or dangerous instrument, permanent disfigurement, and causing serious physical injury during a felony. Threatening someone by movement or display of a weapon to put them in fear of imminent injury is the separate offense of menacing.

Delaware has no crime called battery; unwanted contact is called offensive touching. Intentionally touching another person, with the body or an object, knowing it is likely to cause offense or alarm is offensive touching, an unclassified misdemeanor (up to 30 days and a $575 fine). It is a Class A misdemeanor (up to 1 year) when the victim is an on-duty police officer, health-care or nursing home worker, emergency medical worker, firefighter or correctional officer, or when the person strikes someone with saliva, urine, feces or other bodily fluid. Touching that causes physical injury is charged as assault.

Delaware does not have a separate domestic assault crime; acts against a family member, partner or other protected person are charged under the ordinary offenses such as offensive touching, menacing, assault and terroristic threatening, which the Family Court statute lists as domestic violence offenses. Strangulation or suffocation (impeding breathing or blood circulation by pressure on the neck, or blocking the nose or mouth) is a Class D felony (up to 8 years); it becomes a Class B felony (2 to 25 years) when a weapon or dangerous instrument is used, serious physical injury results, a no-contact order was in effect, or the victim is pregnant or a child, and a repeat offense within 5 years carries a minimum 1 year at Level V. A first-offender domestic violence diversion program is available for certain misdemeanors, including offensive touching and menacing.

Shoplifting is a separate crime in Delaware: while in a store, removing, concealing, switching containers, altering price tags, or otherwise taking merchandise with intent to keep it without paying; concealing unpurchased goods is presumed intentional. Shoplifting goods worth less than $1,500 is a Class A misdemeanor, punishable by up to 1 year and a $2,300 fine. It is a Class G felony (up to 2 years) when the goods are worth $1,500 or more, or when goods taken from 3 or more stores in the same or a continuing course of conduct total $1,500 or more. Store employees 18 or older with probable cause may detain a suspect for a reasonable time to summon police.

Burglary is knowingly entering or remaining unlawfully in a building with intent to commit a crime there. Burglary in the third degree is a Class F felony (up to 3 years); second degree, a dwelling, or a building while armed or causing injury, is a Class D felony (up to 8 years); first degree, an occupied dwelling, is a Class C felony (up to 15 years) with a minimum of 1 year at Level V, and a Class B felony if the person is armed or causes injury. Home invasion burglary (first-degree burglary combined with robbery, serious assault, murder, rape or kidnapping) carries a minimum 6 years. Robbery is using or threatening immediate force while committing theft; robbery in the second degree is a Class E felony (up to 5 years), and robbery in the first degree, involving injury, displaying or claiming a deadly weapon, using a dangerous instrument, a victim 65 or older, or a threat of death, is a Class B felony (2 to 25 years) with a minimum of 3 years at Level V.

Vandalism is called criminal mischief in Delaware: intentionally or recklessly damaging or tampering with another person's property. It is an unclassified misdemeanor for smaller losses, a Class A misdemeanor (up to 1 year) when the loss is over $1,000, and a Class G felony (up to 2 years) when the person intentionally causes a loss of $5,000 or more or substantially interrupts a public service; intentionally damaging an emergency vehicle causing a $5,000 loss that takes it out of service is a Class F felony. Graffiti is a separate crime: a Class A misdemeanor, or a Class G felony if damage exceeds $1500, with a minimum fine of $1000 that cannot be suspended, restitution and 250 hours of community service.

Knowingly entering or remaining unlawfully on real property is criminal trespass in the third degree, a violation (fine only, up to $345 for a first offense). Entering or remaining unlawfully in a building, or on land fenced or enclosed to keep intruders out, is criminal trespass in the second degree, an unclassified misdemeanor (up to 30 days and $575). Entering or remaining unlawfully in a dwelling, or a building used to house or raise animals, is criminal trespass in the first degree, a Class A misdemeanor (up to 1 year and $2,300). Trespassing to peer or peep into a window or door is a Class B misdemeanor.

Knowingly possessing, using or consuming a controlled substance without a lawful prescription or other authorization is a Class B misdemeanor, punishable by up to 6 months and a $1,150 fine (larger quantities and aggravating factors are charged as felony drug possession or dealing under other sections). Possessing or using drug paraphernalia is a Class B misdemeanor. A first offender with no prior drug conviction may plead guilty and be placed on deferred probation of at least 1 1/2 years, including a driver's license revocation of at least 6 months, at least 20 hours of community service and a 16-hour drug program; on completion the court dismisses the case without a conviction, and only one such dismissal is allowed.

A driver in a crash that damages property must stop, check whether anyone is hurt, and exchange name, address, registration and license information; leaving is punishable by a fine of $230 to $1,150 or 60 days to 6 months in jail, plus a 6-month license revocation. Leaving the scene of a crash that injures someone is an unclassified misdemeanor with a fine of $1,000 to $3,000 or 1 to 2 years in jail and a 1-year revocation. Leaving the scene of a fatal crash is a Class E felony with at least 1 year of incarceration (the first 6 months cannot be suspended) and a 2-year revocation.

Reckless driving is driving any vehicle in wilful or wanton disregard for the safety of persons or property. A first offense is punished by a fine of $100 to $300, 10 to 30 days in jail, or both; a repeat offense within 3 years brings a fine of $300 to $1,000, 30 to 60 days, or both, and only a first-offense jail term may be suspended. Driving 90 miles an hour or more on a public roadway is also reckless driving under a separate subsection, with fines starting at $150 to $300 or a traffic safety course for a first offense and rising for repeat offenses within 3 years.

Harassment, a Class A misdemeanor (up to 1 year), is acting with intent to harass, annoy or alarm someone by taunting or alarming conduct with no legitimate purpose, or by phone, mail or written or electronic communication likely to cause annoyance or alarm, including obscene or repeated calls. Stalking is knowingly engaging in a course of conduct (three or more incidents of following, monitoring, threatening or communicating, by any means or device) that would cause a reasonable person to fear injury or suffer significant mental distress; it is always a felony: Class E (up to 5 years) for a basic offense, Class D (up to 8 years) if an adult 21 or older targets a child under 14, a no-contact order is violated, the victim is 62 or older, there is a threat of death or serious injury, or physical injury is caused, and Class C (up to 15 years) if the stalker has a deadly weapon or causes serious physical injury. A repeat stalking conviction within 5 years carries a minimum 1 year.

Intentionally preventing or trying to prevent a peace officer from making an arrest or detention, or fleeing from an officer making an arrest, is resisting arrest, a Class A misdemeanor (up to 1 year). Doing so with force or violence toward the officer, or injuring the officer, is resisting arrest with force or violence, a Class G felony (up to 2 years). A driver who ignores a police signal to stop, or speeds up or turns off lights to flee or elude police, commits a Class G felony with a $575 minimum fine and a possible 2-year license revocation; a repeat offense is a Class E felony (up to 5 years) with a $1,150 minimum fine and an added 3-year revocation.

If a released defendant fails to appear as required, the court must issue a warrant for the person's arrest, cancel any bail, and redetermine release conditions. Knowingly failing to appear is also a separate crime. Under the law in effect until February 1, 2027: if the person was released on one or more felony charges (or after conviction while awaiting sentence or appeal), it is a felony punishable by up to 5 years in prison, a $5,000 fine, or both; if released on misdemeanor charges, it is punishable by a fine of up to $500, up to 1 year in jail, or both. Starting February 1, 2027, the same conduct becomes a class E felony (felony charges) or a class A misdemeanor (misdemeanor charges).

A judge decides probation violations in Delaware. The court may issue an arrest warrant or a notice to appear, and a probation officer may arrest a probationer without a warrant when the officer believes a condition was violated; bail rules for criminal charges apply. The court must hold a hearing without unnecessary delay, and the statute says the hearing may be informal or summary. If the violation is established, the court may continue or revoke probation and may require the person to serve the original sentence or any lesser sentence, or, if sentencing had been suspended, impose any sentence that could originally have been imposed. The Department of Correction may handle technical and minor violations administratively with short stays at Level IV or home confinement, but not new arrests or convictions.

Delaware has a specific obstruction of justice crime: corruptly intimidating, influencing, obstructing or impeding the administration of law or an authorized investigation or inquiry. It is a class A misdemeanor in general, a class G felony if the person destroys or hides evidence, pays someone, or breaches an official duty, a class D felony if the person uses force, violence or physical interference, and one class higher than the underlying crime when committed through another crime. Tampering with a witness (by deceit, injury or intimidation) is a class E felony, tampering with physical evidence is a class G felony, and hindering prosecution is a class G felony when the person helped is wanted for a felony (otherwise a class A misdemeanor).

Perjury means intentionally making a false statement under oath, in testimony, or in a sworn written instrument or authorized unsworn declaration, knowing it is false. Delaware grades it in three degrees: perjury in the third degree (any false swearing) is a class A misdemeanor (up to 1 year); perjury in the second degree (a material false statement in a written instrument for which an oath is required, meant to mislead a public servant) is a class F felony (up to 3 years); and perjury in the first degree (material false testimony in a proceeding) is a class D felony (up to 8 years). Making a false written statement is a class A misdemeanor.

Public intoxication is an offense in Delaware: appearing in a public place so obviously under the influence of alcohol or non-prescribed drugs that the person may be in danger, endanger others or property, or annoy people nearby. A first or second offense is a violation (a non-criminal offense punishable by a fine of up to $345 for a first offense). It becomes an unclassified misdemeanor (up to 30 days and $575) if the person has been convicted of public intoxication twice before within 1 year.

Disorderly conduct covers intentionally causing public inconvenience, annoyance or alarm (or creating a risk of it) by fighting or violent or threatening behavior, unreasonable noise or abusive language, disturbing a lawful meeting, blocking traffic, refusing a police order to disperse, creating a hazardous condition, or interfering with a school bus, among other acts. It is an unclassified misdemeanor, punishable by up to 30 days in jail and a $575 fine.

Indecent exposure in the second degree (exposing the genitals or buttocks, or for a female also the breast, knowing it is likely to cause affront or alarm) is an unclassified misdemeanor (up to 30 days and $575). Indecent exposure in the first degree, doing so to a person under 16, is a class A misdemeanor (up to 1 year and $2,300). A separate offense, lewdness (a lewd act in public or likely to be seen by people who would be offended), is a class B misdemeanor. These statutes do not make the offense a felony.

Prostitution (a person 18 or older engaging, agreeing or offering to engage in sexual conduct for a fee) is a class B misdemeanor (up to 6 months and $1,150); it is a class A misdemeanor with a mandatory $500 minimum fine if it occurs on or within 1,000 feet of a school, residence, church, synagogue or other place of worship. Buying sex is called patronizing a prostitute; it is a misdemeanor (the section heading lists class A misdemeanor) with a mandatory minimum fine of $500, and a class E felony if the person sought is an exploited minor. A vehicle used in patronizing may be seized for a person with a prior conviction for the same offense within 5 years. Delaware has no legal exception for prostitution.

Legal gambling in Delaware is run through the state lottery: traditional lottery games, video lottery machines and table games at licensed video lottery agents, a sports lottery (players must be 21 or older), and an Internet lottery for players physically located in the state; interactive fantasy contests are regulated separately. Operations of a lottery under state control are exempt from the gambling crimes. Illegal gambling offenses such as advancing gambling (running numbers or a lottery, or recording or accepting bets) and possessing a gambling device are class A misdemeanors (up to 1 year), while taking part in a crap game is a violation.

Delaware has no separate embezzlement crime; it is charged as theft. The theft statute covers anyone who, in any capacity, lawfully receives or controls another's property and then fraudulently converts it to their own use. Theft is graded by value: a class A misdemeanor in general, a class G felony when the value is more than $1,500, a class D felony from more than $50,000 to under $100,000, and a class B felony at $100,000 or more, with higher grades when the victim is 62 or older or impaired or disabled. The judge must order full restitution.

Identity theft, knowingly or recklessly obtaining, using, selling or transferring another person's identifying information without consent to commit or help commit a crime, is a class D felony in Delaware (up to 8 years). Credit or debit card fraud is charged as unlawful use of a payment card: a class A misdemeanor if the value obtained or sought is under $1,500, and a class G felony at $1,500 or more; when the victim is 62 or older, it is at least a class G felony.

Forgery means altering, making, issuing or possessing a false written instrument with intent to defraud, deceive or injure. Forgery in the first degree (government money, stamps or securities, or corporate stocks and bonds) is a class F felony; forgery in the second degree (deeds, wills, contracts, checks, public records, government documents, tokens or tickets, or prescriptions) is a class G felony; all other forgery is third degree, a class A misdemeanor. Issuing a bad check (knowing it will not be honored) is a class A misdemeanor, or a class G felony if the check is $1,500 or more.

Blackmail is charged as extortion: obtaining property by making someone fear that the defendant or another will injure someone, damage property, commit a crime, accuse someone of a crime, expose a secret, abuse a public office, or otherwise harm the victim's health, business, reputation or relationships. Extortion is a class E felony (up to 5 years), or a class D felony (up to 8 years) if the victim is 62 or older. Coercion, forcing someone to act or not act through similar threats without obtaining property, is a class A misdemeanor.

Murder in the first degree includes intentionally killing someone, recklessly causing a death while committing or fleeing from any felony, recklessly killing a police officer, firefighter, paramedic or corrections employee on duty, killing with a bomb, or killing to avoid arrest or during an escape. An adult convicted of first-degree murder must be sentenced to life in prison without probation, parole or any reduction; for an offender under 18 the sentence is 25 years up to life. Murder in the second degree is recklessly causing a death with cruel, wicked and depraved indifference to human life, or causing a death with criminal negligence during any felony; it is a Class A felony, 15 years to life.

Manslaughter (recklessly causing a death, intending serious injury and causing death by means likely to kill, intentionally killing under extreme emotional disturbance, or intentionally causing someone's suicide) is a Class B felony, 2 to 25 years. Criminally negligent homicide is a Class D felony (up to 8 years). Causing a death by criminally negligent driving while under the influence is vehicular homicide in the first degree, a Class C felony (up to 15 years, with a 2-year minimum). Vehicular homicide in the second degree, a Class D felony (up to 8 years), covers causing a death by criminally negligent driving, or by negligent driving while under the influence (which carries a 1-year minimum).

Endangering the welfare of a child covers a parent, guardian or caretaker who acts in a way likely to harm a child's physical, mental or moral welfare or lets the child become neglected or abused, as well as knowingly contributing to the delinquency of a child under 18, helping a child run away, committing certain violent crimes in front of a child family member, driving under the influence with a child passenger, and drug crimes in a home where a child is present. It is a Class A misdemeanor (up to 1 year), a Class G felony if the child suffers serious physical injury or becomes a victim of a sexual offense, and a Class E felony if the child dies. Making drugs available to a child is graded from a Class A misdemeanor up to a Class B felony (if the child dies). Knowingly letting a child stay where illegal drug, sex or gambling activity happens is unlawfully dealing with a child, a Class B misdemeanor.

Arson in the first degree is intentionally damaging a building by fire or explosion when the person knows someone else is inside or likely to be; it is a Class C felony (up to 15 years). Arson in the second degree is intentionally damaging a building by fire or explosion, a Class D felony (up to 8 years). Arson in the third degree is recklessly damaging a building by intentionally starting a fire or explosion, a Class G felony (up to 2 years). Reckless burning or exploding, which recklessly endangers another's property or safety, is a Class A misdemeanor if the loss is under $1,500 and a Class G felony if it is $1,500 or more. Damaging only a building you alone own, for a lawful purpose and without endangering others, can be an affirmative defense.

Cruelty to animals, such as cruel mistreatment or neglect or killing or injuring another person's animal without consent, is a Class A misdemeanor. Intentionally killing or seriously injuring an animal cruelly or unnecessarily is a Class F felony (up to 3 years). After two misdemeanor cruelty convictions, later misdemeanor-level offenses are Class F felonies, and after one felony, later felony-level offenses are Class E felonies. A misdemeanor conviction bars the person from owning or living with animals for 5 years (10 years after a second), and a felony conviction for 15 years (for life after a second).

Yes. Under Delaware's violation of privacy law, knowingly sharing a nude or sexual image of someone without consent, when it was made or given under circumstances where the person expected privacy, is a Class A misdemeanor (up to 1 year). It becomes a Class G felony (up to 2 years) when aggravating facts are charged and proved, such as obtaining the image by theft or hacking, sharing it for profit, running a site to distribute such images, intent to harass causing significant distress, posting it with personal identifying information, or an adult creator with a victim under 18, or when the person has a similar conviction within 5 years. The law also covers fake (deep fake) images.

Harassment includes communicating by mail, telephone or other written or electronic means in a way the person knows is likely to cause annoyance or alarm, with intent to harass, annoy or alarm; it is a Class A misdemeanor (up to 1 year and $2,300). School bullying, defined to include written and electronic acts, is handled through required school bullying-prevention and cyberbullying policies in the education title; those sections set no criminal penalty, though an incident may also be a crime.

Delaware has no special minor-sexting offense or statutory diversion program. A child is anyone under 18, and the child sexual abuse material laws contain no general exception for minors who make or share images of themselves or peers. The only age-based limit is that, for images showing only partial nudity, a person can be guilty of sexual exploitation of a child or dealing in child sexual abuse material only if they are 18 or older.

Delaware does not grade money laundering by amount. Knowingly acquiring, hiding, moving, spending or investing criminal proceeds (or funds believed to be criminal proceeds), conducting transactions with them, or financing what one believes is criminal activity is a Class D felony (up to 8 years). Structuring transactions or causing a required currency report to be omitted or falsified to evade reporting requirements is a Class G felony (up to 2 years).

Trafficking an individual, forced labor, and sexual servitude (including recruiting or facilitating a minor for commercial sex, or using coercion or deception to compel an adult into commercial sex) are each Class C felonies (up to 15 years), or Class B felonies (2 to 25 years) if the victim is a minor; a minor's consent or a mistaken belief about age is no defense. Each is raised one grade when aggravating facts are present, such as recruiting from a shelter or using force, abduction or serious harm. Patronizing a victim of sexual servitude is a Class D felony (Class C if the victim is a minor), and trafficking a person to remove body parts is a Class A felony. Victims may also sue for damages and attorneys' fees within 5 years.

Pedestrians must obey traffic-control devices and pedestrian signals. A pedestrian crossing outside a crosswalk must yield to vehicles, must use a tunnel or overhead crossing where one is provided, may cross between adjacent signal-controlled intersections only in a marked crosswalk, and may cross an intersection diagonally only where authorized; no one may suddenly step into the path of a close vehicle. Where a usable sidewalk exists, pedestrians may not walk in the roadway; violating the walking-on-the-road rule carries a $10 to $28.75 fine for a first offense and $25 to $50 for later offenses. These pedestrian offenses are not entered on the person's driving record.

Delaware's code does not ban simply having an open container in a vehicle. It forbids a driver from drinking an alcoholic beverage while driving on a highway (in the presence or view of a police officer). The fine is $25 to $200 for a first offense and $50 to $400 for another offense within one year.

A person under 21 who possesses alcohol or is found to have drunk it pays a $100 civil penalty for a first violation and $200 to $500 for later violations; the first and second violations are civil (not on a criminal record), and a third or later is an unclassified misdemeanor. Being in a tavern, taproom or package store under 21 carries a $50 fine. An underage person who lies about being 21 to get alcohol is fined $100 to $500 (first offense) or $500 to $1,000 (later offenses). A person convicted of a first possession or tavern offense may seek expungement after turning 21.

Driving while your license is suspended or revoked carries, for a first offense, a $500 to $1,000 fine and 30 days to 6 months in jail; a later offense within 3 years brings a $1,000 to $4,000 fine and 60 days to 1 year in jail. If the suspension or revocation was for drunk driving or a crime involving injury or death, the minimum fine is $2,000 and the minimum fine and jail time cannot be suspended. The court may also impound the vehicle or take its plates (at least 90 days for a first violation, 1 year for later ones). If the only reason for suspension was an unpaid traffic fine, the lower unlicensed-driving penalties apply instead.

Driving without a valid license is fined $50 to $200 for a first offense; a later offense brings a $100 to $500 fine, up to 6 months in jail, or both. Driving with an expired license or in the wrong license class is fined $25 to $100 (then $50 to $100). A licensed driver must carry the license and show it to police on demand; producing in court a license that was valid at the time is a defense, and violations of the chapter with no specific penalty are fined $25 to $115 for a first offense.

In Delaware a 'deadly weapon' includes a knife of any sort except an ordinary pocketknife (blade 3.75 inches or less) carried closed. Carrying a deadly weapon such as a knife concealed without a concealed-carry license is a Class G felony (up to 2 years). Selling or possessing a knuckle-grip knife or a martial-arts throwing star is a Class B misdemeanor. The separate switchblade-dealing offense (§ 1446) was repealed effective July 30, 2025. Knife offenses committed in a Safe School and Recreation Zone are punished one grade higher.

Delaware bans selling or using fireworks such as firecrackers, rockets and Roman candles without a permit. Allowed items include wire or wood-stick sparklers (100 grams or less), handheld or ground-based non-explosive, non-aerial sparkling devices (75 grams per tube or 500 grams for multiple tubes), snakes and smoke devices, party poppers and toy caps. They may be sold only to people 18 or older during the 30 days before the allowed days, and used only on July 4, the third day of Diwali, December 31 and January 1. Violations are fined $25 to $100; starting January 1, 2027 the fine rises to up to $250 for a first violation, $250 to $500 for a second and up to $1,000 for later violations. Public displays need a State Fire Marshal permit.

Kidnapping (unlawfully restraining someone to hold them for ransom, use them as a shield or hostage, help commit a felony or escape, injure or sexually abuse them, terrorize them or someone else, or take a child under 18 from a parent or lawful custodian) is graded by how it ends. It is kidnapping in the first degree, a class B felony (2 to 25 years), unless the person voluntarily releases the victim alive, unharmed and in a safe place before trial, in which case it is kidnapping in the second degree, a class C felony (up to 15 years). Unlawful imprisonment (knowingly and unlawfully restraining someone) is a class A misdemeanor (up to 1 year) in the second degree and a class G felony (up to 2 years) in the first degree, when it exposes the victim to a risk of serious physical injury.

Delaware calls this 'terroristic threatening.' Threatening to commit a crime likely to cause death, serious injury or serious property damage is a class A misdemeanor (up to 1 year), or a class G felony (up to 2 years) if the victim is 62 or older. Making a false statement (such as a bomb threat) knowing it is likely to cause the evacuation of a building, place of assembly or public transit facility is a class E felony (up to 5 years); a false statement likely to cause serious inconvenience, or made recklessly, is a class G felony, raised to class F (up to 3 years) at a school, day care or long-term care facility. Making someone believe they were exposed to a deadly substance is a class F felony. False-statement convictions also carry a mandatory $1,000 to $2,500 fine and at least 100 hours of community service; a first false-statement offense by someone 17 or younger is a class A misdemeanor.

Theft of a motor vehicle (taking or controlling someone else's vehicle intending to deprive the owner of it) is a class G felony (up to 2 years) regardless of value; mopeds, off-highway vehicles and similar devices are excluded. Unauthorized use of a vehicle (joyriding, or keeping a rented or borrowed vehicle past the agreed time or purpose) is a class A misdemeanor (up to 1 year).

Receiving stolen property (intentionally receiving, keeping or disposing of another's property while knowing or believing it was stolen) is a class A misdemeanor (up to 1 year), but a class G felony (up to 2 years) if the property is worth $1,500 or more or the person has two earlier convictions for receiving stolen property. Knowledge is presumed in some situations, such as buying property far below its reasonable value or having property with altered serial numbers. Selling stolen property is a separate offense with the same grading.

Yes. Theft: organized retail crime is taking retail merchandise, or receiving stolen merchandise, in quantities not normally bought for personal use, intending to resell it or put it back into commerce. It is punished on the general theft scale (class A misdemeanor; class G felony over $1,500; class F over $1,500 with an elderly or disabled victim; class D over $50,000; class B at $100,000 or more), and it is a class E felony (up to 5 years) with two or more earlier convictions for this offense. Thefts by one person or a group may be combined into one count, using the total value. Shoplifting from three or more stores in a continuing course of conduct totaling $1,500 or more is a class G felony.

Delaware grades drug dealing by weight tiers. Manufacturing, delivering or possessing with intent to deliver any controlled substance is a class D felony (up to 8 years); with a Tier 2 quantity (for example 10 grams of cocaine or methamphetamine, or 2 grams of heroin) it is a class C felony (up to 15 years); and with a Tier 3 quantity (25 grams of cocaine or methamphetamine, or 5 grams of heroin), or a Tier 2 quantity with an aggravating factor, it is a class B felony (2 to 25 years). Simple possession of a Tier 3 quantity is also a class B felony, Tier 2 a class E felony, and Tier 1 a class G felony.

Acquiring or trying to acquire a controlled substance or prescription drug by misrepresentation, fraud, forgery, deception or subterfuge is a class F felony (up to 3 years). Soliciting or using other people three or more times within 30 days to commit such violations is a class C felony (up to 15 years). Possessing a blank prescription form or pad without being a practitioner is a class G felony, stealing one is a class F felony, and forging a prescription is second-degree forgery (class G felony).

Vehicular assault in the first degree (causing serious physical injury by negligent driving while under the influence of alcohol or drugs or with a prohibited alcohol or drug content) is a class F felony (up to 3 years). Vehicular assault in the second degree (causing serious physical injury by criminally negligent driving, or causing physical injury by negligent driving while impaired) is a class A misdemeanor (up to 1 year), and vehicular assault in the third degree (causing physical injury by criminally negligent driving) is a class B misdemeanor (up to 6 months).

Driving in or helping promote a race, speed competition, drag race, acceleration contest or speed exhibition on a highway is illegal, as is deliberately spinning tires to make smoke or marks, or letting one's car be used for these. A first offense is an unclassified misdemeanor with at least 16 hours of community service and a 6-month license suspension; a repeat offense within 5 years is a class A misdemeanor with at least 40 hours of community service and a 1-year suspension (tire-spinning alone does not trigger suspension). Police generally impound the car for 72 hours, the court may impound it or take its plates for up to 90 days (1 year for a repeat), and the State may seek forfeiture if someone is seriously injured or killed.

It is illegal to operate or be in physical control of a moving vessel while under the influence of alcohol or drugs, or with an alcohol concentration of 0.08 or more (including within 4 hours after operating). A first offense brings a $200 to $1,000 fine and/or 60 days to 6 months in jail; a second offense within 5 years brings $500 to $2,000 and 60 days to 18 months; a third offense is a class G felony ($1,000 to $3,000 fine, 1 to 2 years, first 3 months not suspendable); and a fourth or later is a class E felony ($2,000 to $6,000, 2 to 5 years, first 6 months not suspendable). Extra fines and community service apply if a child under 17 is aboard, and refusing a chemical test bars the person from operating a vessel for 1 year.

Insurance fraud (presenting, or helping prepare, a statement in support of an insurance claim knowing it contains false, incomplete or misleading material information, intending to defraud the insurer) is a class G felony (up to 2 years), with no dollar tiers. Health-care fraud (fraudulent claims to a health-care benefit program) is a class G felony, raised to class D (up to 8 years) for an intended loss over $50,000, a provider, or a pattern of claims, and to class B (2 to 25 years) for $100,000 or more or a provider with a pattern; a fine of up to five times the gain sought may be added.

Delaware's public assistance fraud chapter covers the state medical assistance (Medicaid) program: knowingly obtaining payments by false statement or concealment is a class A misdemeanor (up to 1 year), a class E felony (up to 5 years) for $500 to under $10,000, and a class C felony (up to 15 years) for $10,000 or more. A convicted provider must repay the full amount with interest of 1.5% per month, is barred from the program, and can owe triple damages in a civil case. Unemployment fraud (a knowing false statement or hiding a material fact) disqualifies the claimant for 1 year, requires repayment with interest plus a 15% penalty, and bars benefits until repaid; obtaining other benefits by deception can be prosecuted as theft.

Bribery (offering or giving a public servant a personal benefit to influence an official vote, judgment or decision, an appointment, or a breach of duty) is a class E felony (up to 5 years), and a public servant receiving a bribe also commits a class E felony. Giving or receiving an unlawful gratuity for official acts is a class A misdemeanor (up to 1 year). Commercial bribery (bribing an employee, agent, fiduciary, labor official or sports participant without the employer's consent) and receiving such a bribe are class A misdemeanors.

Knowingly attempting to evade or defeat a tax administered by the Department of Finance is a class E felony (up to 5 years), as is knowingly failing to collect or pay over a tax one must collect, or filing or helping prepare a fraudulent return. Knowingly failing to file a return, pay tax, keep records or supply information is a class A misdemeanor (up to 1 year). If the understatement in a tax year is under $7,500, or the evaded tax is under $1,000, the offense is instead an unclassified misdemeanor with a fine of up to $3,000 and no jail. Charges must be filed within 6 years for evasion and fraud offenses and 3 years otherwise.

Delaware calls this rape (penetration or intercourse) and unlawful sexual contact (touching). Rape in the first degree (intercourse with aggravating factors such as injury, a weapon, an accomplice, or a victim under 12 with an adult defendant) is a class A felony (15 years to life), and life without parole is required in listed cases such as serious injury to a victim under 16, three or more victims, or a prior rape conviction. Rape in the second degree (intercourse without consent, or penetration without consent with aggravating factors) is a class B felony with a 10-year minimum. Rape in the third degree is a class B felony and rape in the fourth degree (including penetration without consent) is a class C felony (up to 15 years). Unlawful sexual contact is a class A misdemeanor (third degree, offensive or non-consensual contact), class F felony (second degree) or class D felony (first degree, with injury or a weapon). Sex with a minor is covered on the age-of-consent page.

Intentional sexual contact with a child under 13 is unlawful sexual contact in the first degree, a class D felony (up to 8 years), and with a child under 18 it is a class F felony. Continuous sexual abuse of a child (three or more sexual acts over at least three months by someone living with or having recurring access to a child under 18) is a class B felony (2 to 25 years). Sexual abuse of a child by a person in a position of trust, authority or supervision ranges from a class A felony (with a 10-year minimum, or life without parole in listed cases) down to a class G felony depending on the act and the child's age. A listed sexual offense against a child under 14 by an adult is a 'dangerous crime against a child,' a class B felony with no suspension, probation or early release and mandatory life for a second offense; a registered sex offender who commits a sexual offense against a child faces a grade one step higher, or a doubled minimum for class A or B offenses.

Delaware calls this child sexual abuse material. Knowingly possessing it (including an altered image made to look like a child in a sexual act) is a class F felony (up to 3 years). Making it (sexual exploitation of a child) and dealing in it (distributing, transmitting, selling or advertising it) are class B felonies (2 to 25 years), or class D felonies (up to 8 years) when the image shows only 'partial nudity'; a person must be 18 or older to be guilty of those partial-nudity offenses. A second conviction for making it carries life imprisonment, and a repeat dealing conviction is a class B felony.

Sexual solicitation of a child (an adult soliciting or trying to get someone under 18, or someone the adult believes is under 18, to engage in a prohibited sexual act, including by computer, cell phone or other electronic device) is a class C felony (up to 15 years), and a class B felony (2 to 25 years) if the adult meets or tries to meet the child in person. It is no defense that the sex act never happened or that the adult was only role-playing. Promoting the sexual solicitation of a child by someone else is graded the same way.

People convicted of listed sex offenses register with the Delaware State Police (for those in custody, 45 to 90 days before release); people who move into Delaware must register within 3 business days, and registrants must re-register in person within 3 business days of changing address, name, job or school. Registrants are placed in tiers: Tier III registers for life and verifies every 90 days, Tier II for 25 years after release from prison (verified every 6 months), and Tier I for 15 years (verified yearly). Tier II and Tier I registrants may petition for redesignation or relief after 10 years, and Tier III after 25 years may petition to move to Tier II. Knowingly or recklessly failing to register, re-register or verify is a class G felony (up to 2 years).

A person convicted of a felony, or of a crime of violence causing physical injury, anywhere is a 'person prohibited' and may not own or possess a deadly weapon or ammunition; a juvenile adjudicated delinquent for felony-level conduct is prohibited until age 25. Possession by a person prohibited is a class D felony (up to 8 years) when the weapon is a firearm or ammunition, otherwise a class F felony. Possessing a firearm after a violent felony conviction carries a minimum of 3 years in prison, 5 years if within 10 years of the conviction or release, and 10 years after two or more violent felony convictions (class C felony); these minimums cannot be suspended and carry no good time, parole or probation.

Delaware's computer crimes include unauthorized access to a computer system, theft of computer services, interrupting computer services, misusing or altering computer data, destroying computer equipment, and sending unrequested bulk email with forged routing. They are graded by the damage or value involved: more than $10,000 is a class D felony (up to 8 years); more than $5,000 a class E felony (up to 5 years); $1,500 or more, or conduct creating a risk of serious physical injury, a class G felony (up to 2 years); under $1,500 a class A misdemeanor. Victims may also sue. No separate ransomware offense was found in this part of the code.

Delaware is a one-party consent state for criminal purposes. Intentionally intercepting a phone call, electronic communication or private in-person conversation is a class E felony (up to 5 years) with a fine of up to $10,000, but it is lawful to record when you are a party to the communication or one party has given prior consent, unless the recording is made to commit a criminal or tortious act. 'Oral communication' covers in-person talk made with a justified expectation that it will not be intercepted.

Knowingly giving false or baseless information to police or emergency services about a crime, emergency or other incident (including a false child-abduction report that would trigger an Amber-style alert) is falsely reporting an incident, a class A misdemeanor (up to 1 year), and a class G felony (up to 2 years) for a repeat offense. The fine is at least $500 ($1,000 for a false abduction report) and cannot be suspended, the court must order at least 100 hours of community service, and the offender must repay the cost of the investigation and response.

Delaware's hate crime law raises the grade of any crime committed because of the victim's actual or perceived race, religion, color, disability, sexual orientation, sex, age, gender identity, national origin or ancestry, or to interfere with First Amendment rights. A violation or unclassified misdemeanor becomes a class A misdemeanor; a class A, B or C misdemeanor becomes a class G felony; a class C through G felony is raised one grade; and for a class A or B felony the grade stays the same but the minimum prison term is doubled. Hate crimes are tried in Superior Court.

Delaware abolished parole for sentences under the Truth in Sentencing Act of 1989 (crimes committed after June 30, 1990); people released early from those sentences are treated as on probation, so violations go to the sentencing court. For the remaining parolees, the Board of Parole or a member can issue an arrest warrant (and officers can arrest without one), the Board must promptly hold a hearing, and if the violation is proved it may continue or revoke parole or make another order. A parolee convicted of a new crime serves the rest of the old term after the new sentence.

Knowingly violating a domestic violence protective order (a Family Court protection-from-abuse order) or a lethal-violence or sexual-violence protective order is criminal contempt, a class A misdemeanor (up to 1 year). It becomes a class F felony (up to 3 years) if the violation causes physical injury or involves using or threatening a deadly weapon or firearm. A minimum of 15 days in jail, with no suspension, probation or parole, applies when the violation caused injury, involved a weapon, or the person has two or more prior convictions for the offense.

Delaware children are tried in Family Court unless the law sends them to Superior Court. A child is proceeded against as an adult when charged with first- or second-degree murder, first- or second-degree rape, first-degree assault, certain first-degree robberies or first-degree kidnapping (children 12 to 15 only for murder or rape), or when a child 16 or older with a prior felony-level adjudication is charged with listed offenses. For other offenses the Family Court may hold an amenability hearing (on its own or on the Attorney General's motion once the child is 16), weighing age, harm caused, prior record and past treatment, and send a child found not amenable to adult court. In Superior Court the Attorney General or the child may seek transfer back to Family Court in the interests of justice, unless the child was already found non-amenable or convicted as an adult.

Delaware no longer has the death penalty in its statutes. First-degree murder committed by an adult is punished by imprisonment for the rest of the person's natural life, without probation, parole or any other reduction; the former death-sentence subsections of the murder sentencing statute (§ 4209(b) to (h)) are repealed, and the section no longer mentions a death sentence.

People convicted of a felony cannot vote while serving the sentence, which in Delaware includes prison and all parole, probation, work release and community supervision. For most felonies the right is restored once the whole sentence is fully discharged (or on a pardon, whichever comes first); the person then registers, and the Department of Elections checks court and Department of Correction records. Under the state constitution, this restoration does not apply to people convicted of murder or manslaughter (except vehicular homicide), a felony offense against public administration involving bribery or improper influence, or a felony sexual offense; state law calls these 'disqualifying felonies.'

Voting returns after the full sentence (including probation and parole) is discharged, except for the disqualifying felonies (murder/manslaughter, bribery-type offenses, sexual offenses). Jury service: convicted felons are disqualified until their civil rights are restored. Firearms: a felony conviction makes a person a 'person prohibited' with no end date in § 1448; the 5-year sunset in § 1448(d) applies only to people prohibited solely because of a non-felony conviction. Pardons are granted by the Governor, but only on the written recommendation of a majority of the Board of Pardons after a full hearing; the constitution lists a pardon as one way the voting disqualification is removed.

Delaware's habitual criminal law applies to a person convicted of a violent felony after two prior violent felony convictions, or of any felony after three prior felony convictions; on the State's petition the court may impose up to life. Mandatory minimums: after three prior felonies, a new first violent felony carries at least half the statutory maximum (30 years where the maximum is life); after two prior felonies including one violent felony, a new violent felony carries at least the statutory maximum; after two prior violent felonies, a third violent felony carries at least the statutory maximum. These minimums cannot be suspended, and certain habitual offenders may petition for sentence modification after serving the mandatory term.

Delaware's drug schedules list 'any tetrahydrocannabinols' in Schedule I with an exception only for FDA-approved products, while 'industrial hemp' (cannabis with no more than 0.3% delta-9 THC on a dry-weight basis) is excluded from the definition of marijuana; the statutes read do not separately address delta-8 or other hemp-derived THC products. House Bill 373 (signed July 23, 2026; 85 Del. Laws c. 394) creates a regulatory framework for THC-infused beverages (manufacturing, testing, product standards, retail sales, a per-container tax), raises civil penalties for selling infused beverages to people under 21, and lets beverage sales sunset if federal law changes the definition of hemp; the legislature lists its effective dates as October 21, 2026 and February 1, 2027. The Office of the Marijuana Commissioner states that the only products the state recognizes as safe are those bought from licensed retailers.

Psilocybin and psilocyn are Schedule I hallucinogens in Delaware. Possessing a controlled substance without a prescription or other authorization is generally a class B misdemeanor (up to 6 months), with larger amounts charged as felony possession, and a first offender may qualify for a one-time deferred-probation program that ends in dismissal. Delaware has no legal psilocybin program in the statutes read.

Kratom is legal for adults in Delaware but may not be sold to anyone under 21. House Substitute 1 for House Bill 332 (signed and effective September 8, 2026; 85 Del. Laws c. 478) prohibits selling, providing or marketing kratom or kratom products to people under 21, and a violation is a class B misdemeanor (up to 6 months). The law also directs the Division of Alcohol and Tobacco Enforcement and the Department of Health and Social Services to report by January 1, 2027 on kratom testing and possible retailer licensing. Kratom and its compounds are not listed in Delaware's controlled-substance schedules.

Hemp CBD is not marijuana under Delaware law when it comes from industrial hemp (no more than 0.3% delta-9 THC on a dry-weight basis). House Bill 373 (signed July 23, 2026) classifies CBD, CBG, CBN and CBC as nonintoxicating cannabinoids. The Office of the Marijuana Commissioner describes CBD as not intoxicating but says unregulated hemp-derived products are not tested for safety or purity.

The minimum age to buy tobacco products and tobacco substitutes in Delaware is 21, and sellers must check photo ID for buyers under 30. Selling to someone under 18 is a violation fined $250, $500, then $1,000 for later offenses; selling to someone 18 to 20 carries civil penalties of the same amounts, and a seller's tobacco license may be suspended up to 6 months for repeat offenses within 12 months. The former section penalizing minors for buying or receiving tobacco (§ 1124) was repealed effective July 16, 2019.

Abusing, neglecting, exploiting or mistreating an 'adult who is impaired' (18 or older and substantially unable to care for themselves because of a disability) is a class A misdemeanor, a class D felony if it causes bodily harm, permanent disfigurement or disability, and a class A felony if it causes death. Financial exploitation of an impaired adult is graded by amount: under $500 class A misdemeanor; $500 to under $5,000 class G felony; $5,000 to under $10,000 class E; $10,000 to under $50,000 class D; $50,000 or more (or any repeat conviction) class C. Separately, committing listed crimes such as assault or theft against a 'vulnerable adult' raises the grade one step (class A misdemeanor to class G felony, D-G felonies one class higher), and injuring a person 62 or older is second-degree assault (class D felony) or, for serious injury, first-degree assault (class B felony).

Delaware calls this violation of privacy. Secretly photographing or recording a person who is undressing or exposed in a place like a fitting room, locker room or bathroom without consent, or recording under or through a person's clothing ('upskirting'), is a class G felony (up to 2 years). Trespassing to spy on someone in a private place, or installing hidden cameras or listening devices in a private place without consent, is a class A misdemeanor (up to 1 year). Entering an occupied home's property to peer or peep into a window or door ('Peeping Tom') is a class B misdemeanor (up to 6 months).

Intentionally causing physical injury to an on-duty police officer, firefighter, EMT, paramedic, correctional officer, sheriff, transit operator or other listed public worker is assault in the second degree, a class D felony (up to 8 years); using disabling chemical spray on an officer is also second-degree assault, and using an electronic control device (such as a stun gun) on police, fire or EMS personnel is a class C felony (up to 15 years). Intentionally causing serious physical injury to these workers is first-degree assault, a class B felony (2 to 25 years). By comparison, ordinary assault causing physical injury is third-degree assault, a class A misdemeanor (up to 1 year).