Delaware Code Title 24 Sec. 3123 – Penalties
(a) A person is guilty of a misdemeanor when:
(1) The person is not licensed as a funeral director under this chapter and, while not licensed, that person does at least 1 of the following:
a. Engages in the practice of funeral services.
b. Uses that person’s name or otherwise assumes or uses any title or description conveying or tending to convey the impression that the person is qualified to practice funeral services.
(2) The person is not registered as an intern under this chapter and, while not registered, that person does at least 1 of the following:
a. Acts as an intern registered under this title.
b. Uses that person’s name or otherwise assumes or uses any title or description conveying or tending to convey the impression that the person is qualified to act as an intern registered under this title.
Terms Used In Delaware Code Title 24 Sec. 3123
- Conviction: A judgement of guilt against a criminal defendant.
- Funeral director: shall mean a person engaged in the care of human remains or in the disinfecting and preparing by embalming of human remains for the funeral service, transportation, burial, entombment or cremation, and who shall file all death certificates or permits as required by Chapter 31 of Title 16. See Delaware Code Title 24 Sec. 3101
- Funeral services: shall mean those services rendered for the disinfecting, embalming, burial, entombment or cremation of human remains, including the sale of those goods and services usual to arranging and directing funeral services. See Delaware Code Title 24 Sec. 3101
- Intern: shall mean a person, duly registered with the Board, engaged in training to become a licensed funeral director in this State under the direction and personal supervision of a state-licensed funeral director. See Delaware Code Title 24 Sec. 3101
- 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.
- Person: shall mean a corporation, company, association and partnership, as well as an individual. See Delaware Code Title 24 Sec. 3101
(b) Upon the first conviction of an offense under this section, the person shall be fined not less than $500 nor more than $1,000 for each offense and shall pay all costs.
(c) Upon the second or subsequent conviction for an offense under this section, the person shall be fined not less than $1,000 nor more than $2,000 for each offense and shall pay all costs.
(d) Superior Court shall have jurisdiction over all violations of this chapter.
(e) Where it is alleged that such violation of this section has resulted in injury to any person, the offender shall be charged and tried under the applicable provisions of Title 11.
66 Del. Laws, c. 225, § ?1; 70 Del. Laws, c. 186, § ?1; 71 Del. Laws, c. 460, § ?1; 80 Del. Laws, c. 194, § ?3;