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2022 Delaware Code
Title 11 - Crimes and Criminal Procedure
Chapter 42. CLASSIFICATION OF OFFENSES; SENTENCES
§ 4201. Transition provisions.
Universal Citation:
11 DE Code § 4201 (2022)
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§ 4201. Transition provisions.
(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 |
| 607 | Strangulation |
| 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 |
| [Former] 770 | Unlawful Sexual Penetration in the Third Degree or Rape in the Fourth Degree |
| [Former] 771 | Unlawful Sexual Penetration in the Second Degree or Rape in the Third Degree |
| [Former] 772 | Unlawful Sexual Penetration in the First Degree or Rape in the Second Degree |
| [Former] 773 | 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 |
| 787 | Trafficking of an Individual, Forced Labor and Sexual Servitude |
| 802 | Arson in the Second Degree |
| 803 | Arson in the First Degree |
| 825 | Burglary in the Second Degree |
| 826 | Burglary in the First Degree |
| [Former] 826A | Home Invasion |
| 831 | Robbery in the Second Degree |
| 832 | Robbery in the First Degree |
| [Former] 835 | Carjacking in the Second Degree |
| [Former] 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 |
| 1112B | Promoting Sexual Solicitation of a Child |
| 1250 | Assault in the First Degree Against a Law-Enforcement Animal |
| 1253 | Escape After Conviction, if convicted as a Class C Felony or a Class B Felony |
| 1254 | Assault in a Detention Facility |
| 1256 | Promoting Prison Contraband (Deadly Weapon) |
| 1257(a) | Resisting Arrest with Force or Violence |
| 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). |
| 1449 | Wearing Body Armor During the Commission of a Felony |
| 1455 | Engaging in a Firearms Transaction on Behalf of Another (Subsequent Offense) |
| 1503 | Racketeering |
| 3533 | Aggravated Act of Intimidation |
| Title 16, Section | Crime |
| 1136 | Abuse/Mistreatment/Neglect of a Patient |
| [Former] 4751 | Manufacture/Delivery/Possession With Intent to Deliver a Controlled or Counterfeit Controlled Substance, Manufacture or Delivery Causing Death |
| [Former] 4752 | Manufacture/Delivery/Possession With Intent to Deliver a Controlled or Counterfeit Controlled Substance |
| [Former] 4752A | Unlawful Delivery of a Noncontrolled Substance |
| [Former] 4753A | ormer Trafficking in Marijuana, Cocaine, Illegal Drugs, Methamphetamine, LSD, Designer Drugs or MDMA |
| [Former] 4752 | Drug Dealing — Aggravated Possession; Class B Felony |
| [Former] 4753 | Drug Dealing — Aggravated Possession; Class C Felony |
| [Former] 4754(1) | Drug Dealing — Aggravated Possession; Class D Felony |
| [Former] 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 |
(d) Any attempt to commit any felony designated in subsection (c) of this section as a violent felony shall also be designated as a violent felony.
67 Del. Laws, c. 130, § 6; 70 Del. Laws, c. 186, § 1; 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; 79 Del. Laws, c. 276, § 3; 80 Del. Laws, c. 28, § 1; 80 Del. Laws, c. 173, § 1; 82 Del. Laws, c. 215, § 1; 82 Del. Laws, c. 216, § 1; 82 Del. Laws, c. 217, §§ 6-8;
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.
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