Delaware Code Title 11 Sec. 1304 – Hate crimes; class A misdemeanor, class G felony, class F felony, …
(a) Any person who commits, or attempts to commit, any crime as defined by the laws of this State, and who intentionally does any of the following is guilty of a hate crime:
(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.
Attorney's Note
Under the Delaware Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class G felony | up to 2 years | |
| Class A misdemeanor | up to 1 year | up to $2,300 |
Terms Used In Delaware Code Title 11 Sec. 1304
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
- 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) “Gender identity” means a gender-related identity, appearance, expression, or behavior of a person, regardless of the person’s assigned sex at birth.
(2) “Group” includes an organization or association of persons, whether formal or informal.
(3) “Protective hairstyle” includes braids, locks, and twists.
(4) “Race” includes traits historically associated with race, including hair texture and a protective hairstyle.
(5) “Sexual orientation” includes heterosexuality, bisexuality, or homosexuality.
(c) A hate crime is punished as follows:
(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.
(d) The Superior Court has exclusive jurisdiction over a violation of this section.
70 Del. Laws, c. 138, § ?1; 70 Del. Laws, c. 186, § ?1; 71 Del. Laws, c. 175, §§ ?1, 2; 79 Del. Laws, c. 47, § ?15; 83 Del. Laws, c. 13, § 8; 83 Del. Laws, c. 195, § 3; 83 Del. Laws, c. 477, § 1;