2023 Delaware Code
Title 11 - Crimes and Criminal Procedure
Chapter 5. SPECIFIC OFFENSES
Subchapter VII. Offenses Against Public Health, Order and Decency
§ 1304. Hate crimes; class A misdemeanor, class G felony, class F felony, class E felony, class D felony, class C felony, class B felony, class A felony.

(1) Commits the crime for the purpose of interfering with the victim's free exercise or enjoyment of any right, privilege, or immunity protected by the First Amendment to the United States Constitution, or commits the crime because the victim has exercised or enjoyed a First Amendment right, privilege, or immunity.

(2) Commits the crime and is motivated in whole or in part by a belief or perception regarding the race, religion, color, disability, sexual orientation, sex, age, gender identity, national origin, or ancestry of a person or group, regardless of whether the belief or perception is accurate.

(1) “Group” includes an organization or association of persons, whether formal or informal.

(2) “Protective hairstyle” includes braids, locks, and twists.

(3) “Race” includes traits historically associated with race, including hair texture and protective hairstyle.

(1) If the underlying offense is a violation or unclassified misdemeanor, the hate crime is a class A misdemeanor;

(2) If the underlying offense is a class A, B, or C misdemeanor, the hate crime is a class G felony;

(3) If the underlying offense is a class C, D, E, F, or G felony, the hate crime is 1 grade higher than the underlying offense;

(4) If the underlying offense is a class A or B felony, the hate crime is the same grade as the underlying offense, and the minimum sentence of imprisonment required for the underlying offense must be doubled.