2014 Delaware Code
Title 7 - Conservation
CHAPTER 13. ENFORCEMENT OF GAME AND FISH LAWS
§ 1304. Environmental misdemeanors, sentence and fines

(a) Violations of Chapters 1, 5, 6 and 7 and of subchapter I of Chapter 11 of this title or Department orders, rules or regulations promulgated to implement provisions of these chapters are designated as environmental misdemeanors.

(b) Notwithstanding the classification of misdemeanors in § 4202(a) of Title 11, environmental misdemeanors are classified for the purpose of sentencing into 4 categories:

(1) Class A environmental misdemeanors;

(2) Class B environmental misdemeanors;

(3) Class C environmental misdemeanors;

(4) Class D environmental misdemeanors.

(c) Any violation of Chapters 1, 5, 6 or 7 or of subchapter I of Chapter 11 of this title for which there is no prescribed penalty shall be a class C environmental misdemeanor.

(d) Any person convicted of a class A environmental misdemeanor shall be fined not less than $1000, nor more than $10,000, plus the costs of prosecution and court costs, or such person shall be imprisoned for up to 60 days, or such person shall be both fined and imprisoned according to the foregoing limitations. Any person convicted of a class A environmental misdemeanor within 5 years of a prior conviction for a class A environmental misdemeanor shall be fined not less than $2,000, nor more than $20,000, plus the costs of prosecution and court costs, or such person shall be imprisoned for up to 120 days, or such person shall be both fined and imprisoned according to the foregoing limitations.

(e) Any person convicted of a class B environmental misdemeanor shall be fined not less than $250, nor more than $1,000, plus the costs of prosecution and court costs, or such person shall be imprisoned for up to 30 days, or such person shall be both fined and imprisoned according to the foregoing limitations. Any person convicted of a class B environmental misdemeanor within 5 years of a prior conviction for a class B or greater environmental misdemeanor shall be fined not less than $500, nor more than $2,000, plus the costs of prosecution and court costs, or such person shall be imprisoned for up to 60 days, or such person shall be both fined and imprisoned according to aforesaid limitations.

(f) Any person convicted of a class C environmental misdemeanor shall be fined not less than $50, nor more than $250, plus the costs of prosecution and court costs, or such person shall be imprisoned for up to 10 days, or such person shall be both fined and imprisoned according to the foregoing limitations. Any person convicted of a class C environmental misdemeanor within 5 years of a prior conviction for a class C or greater environmental misdemeanor shall be fined not less than $100, nor more than $500, plus the costs of prosecution and court costs, or such person shall be imprisoned for up to 20 days, or such person shall be both fined and imprisoned according to the foregoing limitations.

(g) Any person convicted of a class D environmental misdemeanor shall be fined not less than $25, nor more than $100, plus the costs of prosecution and court costs, or such person shall be imprisoned for up to 5 days, or such person shall be both fined and imprisoned according to the foregoing limitations. Any person convicted of a class D environmental misdemeanor within 5 years of a prior conviction for a class D or greater environmental misdemeanor shall be fined not less than $50, nor more than $200, plus the costs of prosecution and court costs, or such person shall be imprisoned for up to 10 days, or such person shall be both fined and imprisoned according to the foregoing limitations.

(h) Any fine imposed for any environmental misdemeanor shall not be suspended to any amount less than the minimum prescribed fine.

26 Del. Laws, c. 164, § 16; 26 Del. Laws, c. 165, § 16; Code 1915, §§ 2391A, 2405; 30 Del. Laws, c. 176, § 3; 40 Del. Laws, c. 191, § 23; Code 1935, §§ 2851, 2865; 7 Del. C. 1953, § 1304; 52 Del. Laws, c. 290; 63 Del. Laws, c. 389, § 2; 70 Del. Laws, c. 275, § 106; 70 Del. Laws, c. 436, § 6.;