Delaware Code Title 11 Sec. 1263A – Interfering with child witness
(a) A person commits an offense if, intending to interfere with or prevent the prosecution of any person, the person intentionally or knowingly:
(1) Removes a child from the county of residence of the child knowing that the child is or is likely to become a witness in a criminal case in the county of residence; or
(2) Refuses or fails to produce a child in the person’s custody before a court in which there is pending a criminal case in which the child is a witness; or
(3) Confers or offers or agrees to confer a benefit on another person in order to:
a. Cause a child to be removed from the county of residence of the child, knowing the child is or is likely to become a witness in a criminal case in the county of residence; or
b. Cause a person in custody of a child to refuse or fail to produce the child before a court in which there is pending a criminal case in which the child is a witness; or
(4) Harms or threatens to harm another person in order to:
a. Cause a child to be removed from the county of residence, knowing the child is or is likely to become a witness in a criminal case in the county of residence; or
b. Cause a person in custody of a child to refuse to produce the child before a court in which there is pending a criminal case in which the child is a witness.
Attorney's Note
Under the Delaware Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class E felony | up to 5 years | |
| Class F felony | up to 3 years | |
| Class G felony | up to 2 years |
Terms Used In Delaware Code Title 11 Sec. 1263A
- Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
- Subpoena: A command to a witness to appear and give testimony.
- United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 1 Sec. 302
(b) For purposes of this section:
(1) The county of residence of a child is the county in which the child resides at the time of the commission of the offense being prosecuted in the criminal case in which the child is a witness;
(2) A child is in the custody of a person if the person is the parent or guardian of the child, is acting in loco parentis to the child or exercises control over the location or supervision of the child; and
(3) A criminal case is pending in a court if an indictment, information or complaint in the case has been filed with or presented to the court.
(c) “Witness” as used in this section means any natural person:
(1) Having knowledge of the existence or nonexistence of facts relating to any crime; or
(2) Whose declaration under oath is received, or has been received, as evidence for any purpose; or
(3) Who has reported any crime to any peace officer, prosecuting agency, law-enforcement officer, probation officer, parole officer, correctional officer or judicial official; or
(4) Who has been served personally or through a parent, guardian, person acting in loco parentis or other custodian, with a subpoena issued under the authority of any court of this State, or any other state or of the United States; or
(5) Who would be believed by any reasonable person to be an individual described in any paragraph of this subsection.
An offense under paragraph (a)(2), (a)(3)b. or (a)(4)b. of this section is a class E felony.
An offense under paragraph (a)(1), (a)(3)a. or (a)(4)a. of this section is a class G felony unless the child is a complaining witness, in which event the offense is a class F felony.
65 Del. Laws, c. 110, § ?1; 67 Del. Laws, c. 130, § ?8; 70 Del. Laws, c. 186, § ?1;