2021 Delaware Code
Title 11 - Crimes and Criminal Procedure
Chapter 20. Uniform Electronic Recordation of Custodial Interrogations Act [Effective Aug. 8, 2022].
§ 2002. Definitions [Effective Aug. 8, 2022].
For purposes of this chapter:
(1) “Body-worn camera” means an electronic device that is worn by a law-enforcement officer and records audio and video data on the device itself or transmits audio and video data to another location for recording.
(2) “Crime” means defined as § 233 of this title.
(3) “Custodial interrogation” means questioning or other conduct by a law-enforcement officer which is reasonably likely to elicit an incriminating response from an individual and occurs when reasonable individuals in the same circumstances would consider themselves in custody.
(4) “Delinquent act” means an act committed by a child that, if committed by an adult, would constitute a crime.
(5) “Electronic recording” means an audio recording or an audio and video recording that accurately records a custodial interrogation. “Record electronically” and “recorded electronically” have a corresponding meaning.
(6) “Law-enforcement agency” means a governmental entity or individual authorized by a governmental entity or state law to enforce criminal laws or investigate suspected criminal activity. “Law-enforcement agency” does not include a law-enforcement officer.
(7) “Law-enforcement officer” means either of the following:
a. An individual employed by a law-enforcement agency whose responsibilities include enforcing criminal laws or investigating suspected criminal activity.
b. An individual acting at the request or direction of an individual described in paragraph (6)a. of this section.
(8) a. “Place of detention” means a fixed location under the control of a law-enforcement agency where individuals are questioned about alleged crimes or delinquent acts.
b. “Place of detention” includes a jail, police station, holding cell, correctional or detention facility, police vehicle, and, for a child, school.
(9) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
(10) “Statement” means communication whether oral, written, electronic, or nonverbal.
