A person is guilty of vehicular assault in the second degree when:

(1) While in the course of driving or operating a motor vehicle, the person’s criminally negligent driving or operation of said vehicle causes serious physical injury to another person; or

(2) While in the course of driving or operating a motor vehicle and under the influence of alcohol or drugs or with a prohibited alcohol or drug content, as defined by § 4177 of Title 21, the person’s negligent driving or operation of said vehicle causes physical injury to another person.

Attorney's Note

Under the Delaware Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class A misdemeanorup to 1 yearup to $2,300
For details, see Del. Code Ann.tit. 11, § 4206

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Vehicular assault in the second degree is a class A misdemeanor.

63 Del. Laws, c. 88, § ?1; 67 Del. Laws, c. 130, § ?8; 70 Del. Laws, c. 186, § ?1; 74 Del. Laws, c. 333, § ?5; 75 Del. Laws, c. 315, § ?7; 78 Del. Laws, c. 168, §§ ?1, 2;