Delaware Code Title 11 Sec. 4201 – Transition provisions
Current as of: 2023 | Check for updates
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(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.
Attorney's Note
Under the Delaware Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class B felony | between 2 and 25 years | |
| Class C felony | up to 15 years | |
| Class D felony | up to 8 years | |
| Class G felony | up to 2 years |
Terms Used In Delaware Code Title 11 Sec. 4201
- Arrest: Taking physical custody of a person by lawful authority.
- Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
- Conviction: A judgement of guilt against a criminal defendant.
(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 | 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 |