View Our Newest Version Here

2014 Delaware Code
Title 11 - Crimes and Criminal Procedure
CHAPTER 42. CLASSIFICATION OF OFFENSES; SENTENCES
§ 4201. Transition provisions

Universal Citation:
2 DE Code § 4201 (2014 through 146th Gen Ass)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.

(a) Felonies are classified, for the purpose of sentence, into 7 categories:

(1) Class A felonies;

(2) Class B felonies;

(3) Class C felonies;

(4) Class D felonies;

(5) Class E felonies;

(6) Class F felonies;

(7) Class G felonies.

(b) Any crime or offense which is designated as a felony but which is not specifically given a class shall be a class G felony and shall carry the sentence provided for said class felony.

(c) The following felonies shall be designated as violent felonies:

Title 11, Section              Crime

513  Conspiracy First Degree

602  Aggravated Menacing

604 Reckless Endangering First Degree

605  Abuse of a Pregnant Female in the Second Degree

606   Abuse of a Pregnant Female in the First Degree

612  Assault in the Second Degree

613  Assault in the First Degree

614   Assault on a Sports Official

[Former] 615  Assault by Abuse

617  Criminal Youth Gangs

629  Vehicular Assault in the First Degree

630  Vehicular Homicide in the Second Degree

630A  Vehicular Homicide in the First Degree

631  Criminally Negligent Homicide

632  Manslaughter

633  Murder by Abuse or Neglect in the Second Degree

634  Murder by Abuse or Neglect in the First Degree

635  Murder in the Second Degree

636  Murder in the First Degree

645  Promoting Suicide

768  Unlawful Sexual Contact in the Second Degree

769  Unlawful Sexual Contact in the First Degree

770  Former Unlawful Sexual Penetration in the Third Degree or Rape in the Fourth Degree

771  Former Unlawful Sexual Penetration in the Second Degree or Rape in the Third Degree

772  Former Unlawful Sexual Penetration in the First Degree or Rape in the Second Degree

773  Former Unlawful Sexual Intercourse in the Third Degree or Rape in the First Degree

774  Sexual Extortion

775  Bestiality

776  Continuous Sexual Abuse of Child

777  Dangerous Crime Against a Child

777A  Sex Offender Unlawful Sexual Conduct Against a Child

778  Sexual Abuse of a Child by a Person in a Position of Trust, Authority or Supervision in the First Degree

778A  Sexual Abuse of a Child by a Person in a Position of Trust, Authority or Supervision in the Second Degree

782  Unlawful Imprisonment in the First Degree

783  Kidnapping in the Second Degree

783A   Kidnapping in the First Degree

802  Arson in the Second Degree

803  Arson in the First Degree

825  Burglary in the Second Degree

826   Burglary in the First Degree

826A   Home Invasion

831  Robbery in the Second Degree

832   Robbery in the First Degree

835  Carjacking in the Second Degree

836   Carjacking in the First Degree

846  Extortion

1108   Sexual Exploitation of a Child

1109   Unlawfully Dealing in Child Pornography

1112A  Sexual Solicitation of a Child

1250   Assault in the First Degree Against a Law-Enforcement Animal

1253   Escape After Conviction

1254   Assault in a Detention Facility

1256   Promoting Prison Contraband (Deadly Weapon)

1302  Riot

1304   Hate Crimes

1312   Stalking

1338   Bombs, Incendiary Devices, Molotov Cocktails and Explosive Devices

1339   Adulteration (Causing Injury or Death)

1353   Promoting Prostitution in the First Degree

1442  Carrying a Concealed Deadly Weapon (Firearm Offense)

1444  Possessing a Destructive Weapon

1445   Unlawfully Dealing With a Dangerous Weapon

1447  Possessing a Deadly Weapon During the Commission of a Felony

1447A  Possessing a Firearm during the Commission of a Felony

1448(e)  Possession of a Deadly Weapon by Persons Prohibited (Firearm or Destructive Weapon Purchased, Owned, Possessed or Controlled by a Violent Felon).

1455  Engaging in a Firearms Transaction on Behalf of Another (Subsequent Offense)

1449  Wearing Body Armor During the Commission of a Felony

1503  Racketeering

3533   Aggravated Act of Intimidation

Title 16, Section              Crime

1136   Abuse/Mistreatment/Neglect of a Patient

4751   Former Manufacture/Delivery/Possession With Intent to Deliver a Controlled or Counterfeit Controlled Substance, Manufacture or Delivery Causing Death

4752   Former Manufacture/Delivery/Possession With Intent to Deliver a Controlled or Counterfeit Controlled Substance

4752A  Former Unlawful Delivery of a Noncontrolled Substance

4753A   Former Trafficking in Marijuana, Cocaine, Illegal Drugs, Methamphetamine, LSD, Designer Drugs or MDMA

4752  Drug Dealing — Aggravated Possession; Class B Felony

4753  Drug Dealing — Aggravated Possession; Class C Felony

4754  Drug Dealing — Aggravated Possession; Class D Felony

4755  Aggravated Possession; Class E Felony

4756  Aggravated Possession; Class F Felony

4761  Former Distribution to Minors

4761(c) and (d)  Illegal Delivery of Prescription Drugs

4774  Delivery of Drug Paraphernalia to a Minor

Title 31, Section              Crime

3913  Abuse/Neglect/Exploit/Mistreat an Adult who is Impaired

Any attempt to commit any felony designated in this subsection as a violent felony shall also be designated as a violent felony.

67 Del. Laws, c. 130, § 6; 70 Del. Laws, c. 477, § 1; 71 Del. Laws, c. 285, § 14; 71 Del. Laws, c. 467, § 10; 72 Del. Laws, c. 34, § 5; 72 Del. Laws, c. 43, § 6; 72 Del. Laws, c. 197, § 7; 72 Del. Laws, c. 480, § 17; 74 Del. Laws, c. 106, § 8; 75 Del. Laws, c. 421, § 3[2]; 76 Del. Laws, c. 66, § 3; 76 Del. Laws, c. 343, § 5; 77 Del. Laws, c. 313, § 2; 77 Del. Laws, c. 318, § 13; 78 Del. Laws, c. 13, §§ 8-10; 78 Del. Laws, c. 224, § 19; 78 Del. Laws, c. 252, § 9; 78 Del. Laws, c. 406, § 3.;

Disclaimer: These codes may not be the most recent version. Delaware may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.