Delaware Code Title 11 Sec. Laws, c. 130, This information is current as of April 1, 2020.. Laws, c. 136, Where a civil proceeding has been instituted, and the criminal proceeding has been dismissed, or the person named in the racketeering lien notice has been acquitted in the criminal proceeding, the lien notice shall continue for the duration of the civil proceeding. GENERAL PROVISIONS … Chapter 2 analyzes the clinical issues that must be considered in serving children, parents, and kinship caregivers. Chapters 3 and 4 provide guidance on child welfare practice with kinship families. Laws, c. 130, (d) Upon conviction of a person under this chapter, the Superior Court shall authorize the Attorney General to seize all property or other interests declared forfeited under this chapter upon such terms and conditions as the Court shall deem proper. Reprint. Contains material originally published by Victor H. Green in 1938, 1947, 1954, and 1963. Includes the work of artists such as Daniel Huntington, Lilly Martin Spencer, and Eastman Johnson"--Provided by publisher. §  1, 78 Del. For the most up-to-date version of CFR Title 21, go to the Electronic Code of Federal Regulations (eCFR).. 2. Aggravated criminal nonsupport is a class A misdemeanor, unless any 1 of the following aggravating factors is present, in which case aggravated criminal nonsupport is a class G felony: (1) The person has previously been convicted of aggravated criminal nonsupport; (2) The person has been delinquent in meeting, as and when due, the full obligation established by such support order for 8 consecutive months; or. "This book explores the problem of street kids in America. Laws, c. 17, § 1; 68 Del. (19) "Narcotic drug" shall have the same definition as contained in § 4701(27) of Title 16. Under Chapter 15, a representative of a corporate bankruptcy proceeding outside the U.S. can obtain access to the United States courts. 1118. (g) The filing of a racketeering lien notice under this section is notice to all persons dealing with the person or property identified in the lien of the State’s claim. §  1, 82 Del. (2) Uses a computer, cellular telephone, or other electronic device to communicate with another person to solicit, request, command, importune, entice, encourage or otherwise attempt to cause that person to engage in a prohibited sexual act with a child. 1110.  1, 67 Del. §3023. Laws, c. 497, § 1; 59 Del. SPECIFIC OFFENSES Subchapter II. National Criminal Jusitce 208756. Bureau of Justice Statistics Sourcebook of Criminal Justice Statistics, 2003. 31th annual edition. Edited by Kathleen Maguire and Ann L. Pastore, et al. 1104. 1101. § Intentionally, knowingly or recklessly acts in a manner likely to be injurious to the physical, mental or moral welfare of the child; or, b. Title 4 Department of Civil Service. (b) The Attorney General may release, in whole or in part, any racketeering lien notice or may release any specific real property or beneficial interest from a lien notice upon such terms and conditions as the Attorney General, or the Court, may determine. Any activity defined as “racketeering activity” under 18 U.S.C. Found inside – Page 17031 AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE AUTHORIZING AND PROVIDING FOR THE COMPENSATION OF PERSONS INJURED BY CERTAIN CRIMINAL ACTS , AND MAKING AN ... Definitions The following words , terms and phrases , when used in this Act ... This comprehensive code comprises all building, plumbing, mechanical, fuel gas and electrical requirements for one- and two-family dwellings and townhouses up to three stories. Delaware law and is not a warranty of any kind by the Seller or any Agents or Sub-Agents representing Seller or Buyer in the SELLER'S DISCLOSURE OF REAL PROPERTY CONDITION REPORT State of Delaware Approved by the Delaware Real Estate Commission 5/11/17 (effective 10/1/17) "The ABA model rules for lawyer disciplinary enforcement were adopted by the American Bar Association House of Delegates on August 11, 1993, and amended in 1995, 1996 and 1999"--T.p. verso. Current through 2021 Legislative Session Acts 53, 55, and 58 through 126. Definitions. Consideration; effect of writing on requirement of consideration. (b) No person shall distribute any pack of cigarettes containing fewer than 20 cigarettes. Laws, c. 10, Free Newsletters (3) “Controlled substance” means that term as defined in Chapter 47 of Title 16. (7) "Defraud" means to acquire a gain or advantage by fraud. The amount of restitution is the arrearages that accrued under a support order during the time period for which the person was convicted of criminal nonsupport or aggravated criminal nonsupport, or, if there is no support order, an amount determined to be reasonable by the court. The Bankruptcy Act, referred to in text, is act July 1, 1898, ch. Laws, c. 216, The notice may, but is not required to, list any other aliases, names or fictitious titles under which the person may be known. § § Laws, c. 425, (l) In the event the Attorney General determines that the provisions of this section are unclear or insufficient the Attorney General may petition the Superior Court for the promulgation of rules to further clarify, or more effectively accomplish, the intent of this chapter and of this section. (13) Involuntary servitude statutes are intended to reach cases in which persons are held in a condition of servitude through nonviolent coercion. (b) A crime against a vulnerable adult shall be punished as follows: (1) If the underlying offense is an unclassified misdemeanor, or a class B misdemeanor, the crime against a vulnerable adult shall be a class A misdemeanor; (2) If the underlying offense is a class A misdemeanor, the crime against a vulnerable adult shall be a class G felony; (3) If the underlying offense is a class D, E, F, or G felony, the crime against a vulnerable adult shall be 1 class higher than the underlying offense. (4) The signature of the corporate president, vice-president, secretary, assistant secretary or treasurer attesting to the accuracy of the report as of the date immediately preceding filing of the report. The state takes its name from the nearby Delaware River named after Thomas West, 3rd Baron De La Warr, an English nobleman and Virginia's first colonial governor. Content categories. Laws, c. 318, No filing fee or other charge shall be required as a condition for filing such lien notice, and the Prothonotary shall, upon the presentation of the lien notice, immediately record it in the official records. Chapter 5 of Title 11 and Title 28 relating to bribery and misuse of public office and improper influence; 7. Laws, c. 406, PART 2. Title and Purposes . Definitions. "Comprehensive reviews, proven test strategies, practice questions, guaranteed to raise your score." Laws, c. 203, § 1; 63 Del.  2, 80 Del. If a criminal proceeding or civil action or other proceeding is brought or intervened in by the Attorney General to punish, prevent or restrain any activity made unlawful under § 1504 of this title, the running of the period of limitations prescribed by this subsection with respect to any other cause of action of an aggrieved person based in whole or part upon any matter complained of in any such prosecution, action or proceeding, shall be suspended during the pendency of such prosecution, action or proceeding and for 2 years following its termination. 1112.  8, 67 Del. (f) The following shall be underlying offenses for the purposes of this section: A person is guilty of unlawfully dealing with a child when: (1) The person knowingly permits a child less than 18 years old to enter or remain in a place where unlawful narcotics or dangerous drugs activity is maintained or conducted; or, (2) The person knowingly permits a child less than 18 years old to enter or remain in a place where unlawful sexual activity is maintained or conducted; or, (3) The person knowingly permits a child less than 18 years old to enter or remain in a place where gambling activity which is made unlawful by this Criminal Code is maintained or conducted; or. 1, 68 Del. — The following . Possession of child pornography is a class F felony. CHAPTER 1. Read this complete Delaware Code Title 11. The Office for Gender Equity (OGE) empowers and supports the Harvard community to advance a climate of gender equity and inclusion through evidence-based educational initiatives, excellence in research and practice, and delivery of direct services. § (5) “Tattoo” means 1 or more of the following: a. Any activity constituting any felony which is chargeable under the Delaware Code or any activity constituting a misdemeanor under the following provisions of the … § § The term " behavioral health " means the blending of substance (alcohol, drugs . Chapters. Official MapQuest website, find driving directions, maps, live traffic updates and road conditions. Any person convicted under § 1108 of this title who is convicted of a second or subsequent violation of that section shall, upon such second or subsequent conviction, be sentenced to life imprisonment. Laws, c. 318, The notice may be mailed by certified mail, return receipt requested. Notice of such civil action shall be filed in the county where the lien notice was filed. Definitions. INTRODUCTORY PROVISIONS. Criminal nonsupport and aggravated criminal nonsupport. (8) “Serious physical injury” shall mean physical injury which creates a risk of death, or which causes disfigurement, impairment of health or loss or impairment of the function of any bodily organ or limb, or which causes the unlawful termination of a pregnancy without the consent of the pregnant female. Distribution of tobacco products or tobacco substitutes through vending machines. (6) Nothing in this section shall require a person to tattoo, brand or body pierce a minor with parental consent if the person does not regularly tattoo, brand or body pierce customers under the age of 18. Unemployment or underemployment with justifiable excuse shall constitute a defense to any prosecution for criminal nonsupport or aggravated criminal nonsupport.  1, 82 Del.  8, 78 Del. Specific Offenses . Usually, the debtor remains "in possession," has the powers and duties of a trustee, may continue to operate its business, and may, with court approval, borrow new money. Laws, c. 406, Find nearby businesses, restaurants and hotels. For the purposes of this subsection, conduct occurring outside the State shall be sufficient to constitute this offense if such conduct is within the terms of § 204 of this title, or if such photograph, image, file or data was compiled, entered, accessed, transmitted, received, exchanged, disseminated, stored, made, printed, reproduced or otherwise possessed by, through or with any computer located within Delaware and the person was aware of circumstances which rendered the presence of such computer within Delaware a reasonable possibility; or. § (b) It is unlawful for any person, through a pattern of racketeering activity or proceeds derived therefrom, to acquire or maintain, directly or indirectly, any interest in or control of any enterprise, real property or personal property, of any nature, including money. (8) “Tax stamp” means any required state or federal stamp imposed for the purpose of collecting excise tax revenue. (1) “Abuse” means causing any physical injury to a child through unjustified force as defined in § 468(1)(c) of this title, torture, negligent treatment, sexual abuse, exploitation, maltreatment, mistreatment or any means other than accident. § Laws, c. 480, "(e) Definitions.—For purposes of this section— "(1) Q UALIFYING INCOME.—The term 'qualifying income' means— "(A) earned income, "(B) social security benefits (within the meaning of section 86(d)), and "(C) any compensation or pension received under chapter 11, chapter 13, or chapter 15 of title 38, United States Code. Designed to enhance the comprehension and application of the 2006 International Property Maintenance Code?, this book unites the complete text of the code with corresponding commentaries that will aid users as they use this industry-leading ... 5002-5080. § Title 6 - Attorney General's Office. § Data which is stored or transmitted on or by any computer, or on or by any digital storage medium or by any other electronic means which is capable of conversion into a visual image; or. §3022. (7) The person provides or permits a child to consume or inhale any substance not prescribed to the child by a physician, as defined in §§ 4714, 4716, 4718, 4720, and 4722 of Title 16. Plaintiffs who substantially prevail shall also recover attorneys’ fees in the trial and appellate courts, together with the costs of investigation and litigation, reasonably incurred; provided, however, no action may be had under § 1503 of this title except against a defendant who has been criminally convicted of a racketeering activity which was the source of the injury alleged, and no action may be brought under this provision except within 1 year of such conviction. The holder of the license shall surrender the license to the Department of Finance and no refund of fees will be paid. A person engaged in the sale or distribution of tobacco products or tobacco substitutes shall post conspicuously at each point of purchase and each tobacco vending machine a notice stating that selling tobacco products or tobacco substitutes to anyone under 21 years of age is illegal, that the purchase of tobacco products or tobacco substitutes by anyone under 21 years of age is illegal and that a violator is subject to fines. Sentencing. Title 2 Department of Audit and Control. Organization and Bylaws . Forfeiture proceedings. 1, 77 Del. (e) No person shall, with intent to avoid, evade, prevent or obstruct compliance in whole or in part by any person with any duly served investigative demand of the Attorney General under this section, knowingly remove to any place, conceal, withhold, destroy, mutilate, alter or by any other means falsify any documentary material or materials that are the subject of the demand. Found inside – Page iThe objectives of this study are to describe experiences in price setting and how pricing has been used to attain better coverage, quality, financial protection, and health outcomes. Crimes and Criminal Procedure § 2102. c. “Tobacco product” does not mean a drug, device, or combination product authorized for sale by the United States Food and Drug Administration under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. (e) Upon the filing of a civil proceeding or action, the plaintiff shall immediately notify the Attorney General of the filing. 1, 73 Del. The term " Area office " means an administrative entity including a program office, within the Indian Health Service through which services and funds are provided to the service units within a defined geographic area. § Any person who holds legal or record title to personal or real property, for which any other person has a beneficial interest; or. (f) Nothing in this section shall preclude a separate charge, conviction and sentence for any other crime set forth in this title, or in the Delaware Code. The purpose of this chapter is to guard against and prevent the infiltration and illegal acquisition of legitimate economic enterprises by racketeering practices, and the use and exploitation of both legal and illegal enterprises to further criminal activities.  1, 72 Del. That constitute an act of abuse and/or neglect; and. § § (10) "Electronic control device" is a device designed to incapacitate a person, including but not limited to a neuromuscular incapacitation device.  4, 63 Del.  1, 2, 61 Del. Laws, c. 187, (a) Upon the institution of any criminal or civil proceeding under this chapter, the State, then or at any time during the pendency of the proceedings, may file in the official records of any 1 or more counties of this State, a racketeering (or “R.I.C.O.”) lien notice. Title 2 - Transportation. §§ TITLE 11 Crimes and Criminal Procedure Delaware Criminal Code CHAPTER 5. (3) “School” means any preschool, kindergarten, elementary school, secondary school, vocational technical school or any other institution which has as its primary purpose the education or instruction of children under 16 years of age. (c) Any person found guilty of a second or subsequent violation of this section is guilty of a class G felony for such second or subsequent offense. § 301 et seq.). Abandonment of a child 14 years of age or older is a class F felony. The term tier II sex offender means, "a sex offender other than a tier III sex offender whose offense is punishable by imprisonment for more than 1 year and A) is comparable to or more severe than the following offenses, when committed against a minor, or an attempt or conspiracy to commit such an offense against a minor: (i) sex trafficking (as described in section 1591 of title 18, United .  10, 82 Del. (d) The Attorney General or a Deputy Attorney General shall, as soon as practicable after filing the racketeering lien notice, furnish to any person named in the lien a notice of the filing of such lien. As . Laws, c. 416, The official website of the State of Delaware. Are related to the affairs of the enterprise; 3. Regulations relating to Title II are contained in chapter III, Title 20, Code of Federal Regulations. Found inside – Page 8Chapter 11 DEFINITIONS SUGGESTED CODE COMMENTS 1 Item 1 1 Sec .. Words and Phrases The following words and phrases when used in this title , or in plans and specifications and other rules and regulations shall have the following ... Laws, c. 379, § 1; 73 Del.  4, 79 Del. (h) No civil proceeding in any court or administrative agency shall be a bar to a prosecution for criminal nonsupport or aggravated criminal nonsupport. (3) “Health warning” means any tobacco product or tobacco substitute label mandated by federal law and intended to alert all users of such tobacco product or tobacco substitute to the health risks associated with tobacco use, including, but not limited to, warning labels imposed under the Federal Cigarette Labeling and Advertising Act (15 U.S.C. (2) The person recklessly or intentionally causes physical injury to a child when the person has engaged in a previous pattern of abuse and/or neglect of such child. (b) Any person convicted of conduct constituting a violation of any of the provisions of § 1503 of this title shall criminally to forfeit, to the State any real or personal property used in the course of, intended for use in the course of, derived from, or realized through conduct in violation of § 1503 of this title including any property constituting an interest in or means of control or influence over the enterprise involved in the conduct in violation of § 1503 of this title or any property constituting proceeds derived from the conduct in violation of § 1503 of this title including: (1) Any position, office, appointment, tenure, commission or employment contract of any kind that the person acquired or maintained in violation of § 1503 of this title or through which the person conducted or participated in the conduct of the affairs of any enterprise in violation of § 1503 of this title or that afforded the person a source of influence or control over the affairs of an enterprise that the person exercised in violation of § 1503 of this title; (2) Any compensation, right or benefit derived from a position, office, appointment, tenure, commission or employment contract described in § 1503 of this title that accrued to the person during the period of conduct in violation of § 1503 of this title; (3) Any interest in, security of, claim against, or property or contractual right affording the person a source or influence or control over the affairs of an enterprise that the person exercised in violation of § 1503 of this title; or. § SELLER'S DISCLOSURE OF REAL PROPERTY Delaware. Where any rule promulgated by the Court conflicts with any provision of this section, this section shall be paramount. Delaware Code > Title 11 > Chapter 24 > Subchapter I > § 2401 Delaware Code Title 11 Sec.  15, 79 Del. Learn how to provide exemplary service to incarcerated individuals in prisons, jails, and youth detention centers. (2) “Branding” means a permanent mark made on human tissue by burning with a hot iron or other instrument. Laws, c. 494,  3, 77 Del. (3) An individual whom the person committing the offense believes to be younger than 18 years of age. TITLE 11 Crimes and Criminal Procedure Criminal Procedure Generally CHAPTER 23. Laws, c. 171, § (d) (1) A person who violates this section shall be guilty of a class B misdemeanor for the first offense or a class A misdemeanor for a second or subsequent offense. § Where a building consists of 2 or more units separately secured or occupied, each unit shall be deemed a separate building. Laws, c. 175, (c) For the purpose of imposing the penalties prescribed in paragraph (b)(1), (b)(2) or (b)(3) of this section, it is not necessary to prove the person’s state of mind or liability for causation with regard to the resulting death of or physical injury to the child or sexual offense against the child, notwithstanding the provisions of § 251, § 252, § 261, § 262, § 263 or § 264 of this title, or any other statutes to the contrary. Laws, c. 10, Subsequent convictions of § 1108 or § 1109 of this title. (6) “Sample” means a tobacco product or tobacco substitute distributed to members of the general public at no cost for the purpose of promoting the product. Laws, c. 371, § 1; 72 Del. (a) No person shall knowingly or negligently tattoo, brand or perform body-piercing on a minor unless that person obtains the prior written consent of the minor’s parent over the age of 18 or legal guardian to the specific act of tattooing, branding or body-piercing. Any proceeds from such sale, over and upon the amount necessary to satisfy the lien or security interest, shall be paid into the court pending final judgment in the forfeiture proceeding. As used in this …  1, 70 Del. Any person convicted under § 1109 of this title who is convicted of a second or subsequent violation of that section shall, upon such second or subsequent conviction, be guilty of a class B felony. Laws, c. 71, § 4; 74 Del. (13) "Fraud" means an intentional perversion, misrepresentation or concealment of truth.  1, 2, 61 Del. 5110-5111. Updating this information is an ongoing process, and no guarantee is made as to its accuracy. (4) The person permits, causes, promotes, facilitates, finances, produces or otherwise advances an exhibition, display or performances of a child engaging in a prohibited sexual act or the simulation of such an act. (e) A person who violates subsection (a) of this section is liable in a civil action for actual damages or $1,000, whichever is greater, plus reasonable court costs and attorney fees. COVID-19 vaccines are free. § §§ Laws, c. 270, §§ 1, 2; 77 Del. Applicability of chapters § 104. Laws, c. 197, 2.  3, 4, 72 Del. TITLE 11 Crimes and Criminal Procedure Delaware Criminal Code . We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. (c) Consent forms required by subsection (a) of this section shall be notarized. The interests of a person, under any other form of express fiduciary arrangement, pursuant to which any other person holds legal or record title to personal or real property for the benefit of such person. Chapter 11 bankruptcy definition at Dictionary.com, a free online dictionary with pronunciation, synonyms and translation. Delaware (/ ˈ d ɛ l ə w ɛər / DEL-ə-wair) is a state in the Mid-Atlantic region of the United States, bordering Maryland to its south and west; Pennsylvania to its north; and New Jersey and the Atlantic Ocean to its east. (3) The fair market value of the interest of the person named in the lien notice in the real property so conveyed; provided, however, that if the trustee conveys the real property, and holds proceeds that would otherwise be paid or distributed to the beneficiary (or at the direction of the beneficiary or the beneficiary’s designee), the trustee’s liability shall not exceed the amount of the proceeds so held for so long as the proceeds are held by the trustee. • An employee serving on a Title 38 [38 U.S.C. Statutory short form and other powers of attorney for financial estate planning. 11 DE Code § 222 (2012 through 146th Gen Ass), Someone Is Looking For A Lawyer - Get More Clients, CHAPTER 2. Anything of value in the form of money, a negotiable instrument, a commercial interest or anything else which constitutes an economic advantage; or. (21) "Person" means a human being who has been born and is alive, and, where appropriate, a public or private corporation, a trust, a firm, a joint stock company, a union, an unincorporated association, a partnership, a government or a governmental instrumentality. (c) To the extent that property which has been forfeited under this chapter cannot be located; has been transferred, sold or deposited with third parties; or has been placed beyond the jurisdiction of the State, the Attorney General may institute and conduct any proceedings to retrieve such property as are necessary and appropriate, including forfeiture of any other property of the defendant up to the value of the property that is unreachable. Title II Public Accommodations Any other property or service that has a value in excess of $100. § § § title i: construction of statutes: ch.1-2: title ii: state organization: ch.6-8: title iii: legislative branch; commissions: ch.10-11: title iv: executive branch A person is guilty of possession of child pornography when: (1) The person knowingly possesses any visual depiction of a child engaging in a prohibited sexual act or in the simulation of such an act; or. 1112B. 15. (d) It is unlawful for any person to conspire or attempt to violate any of the provisions of subsection (a), (b) or (c) of this section. (2) Uses a computer, cellular telephone or other electronic device to communicate with another person, including a child, to solicit, request, command, importune, entice, encourage or otherwise attempt to cause a child to engage in a prohibited sexual act. (e) An act of tongue-splitting performed in violation of subsection (a) of this section constitutes both the practice of medicine without a license and the practice of dentistry without a license. A display that holds tobacco products or tobacco substitutes behind locked doors shall be construed as under the control of a cashier or other employee. Offenses Against the Person Subpart A. ARTICLE 1. (b) A doctor or dentist is guilty of tongue-splitting in the second degree if the doctor or dentist performs an act of tongue-splitting in this State and the person on whom the act of tongue-splitting is performed is either: (1) Under the influence of alcohol or a controlled substance; or. § If you're among the millions of grandparents raising grandchildren today, you need information, support, and practical guidance you can count on to keep your family strong. This is the book for you. The Court of Common Pleas shall have original jurisdiction over these offenses for those 18 years of age or older, and the Family Court shall have original jurisdiction for those under the age of 18 at the time of the offense. The Department of Insurance protects Delawareans through regulation and education while providing oversight of the insurance industry to best serve the public. In any prosecution for endangering the welfare of a child, except where it is alleged to be punishable under § 1102(b)(1) or (b)(2) of this title, which is based upon an alleged failure or refusal to provide proper medical care or treatment to an ill child, it is an affirmative defense that the accused is a member or adherent of an organized church or religious group, the tenets of which prescribe prayer as the principal treatment for illness, and treated or caused the ill child to be treated in accordance with those tenets; provided, that the accused may not assert this defense when the person has violated any laws relating to communicable or reportable diseases and to sanitary matters. In this book, the Chief Deputy Attorney General shall investigate suspected violations of this subsection is class... Reasonable certainty, the plaintiff shall immediately notify the Attorney General or person. Civil action shall be notarized, each unit shall be deemed a separate building no civil proceeding is pending... 242, § 3, 77 Del to verify the age of tobacco or! Stamp ” means any person who is 62 years of age or older is class. Online reference for CFR Title 21 is Updated once a year is classified section... Tobacco products or tobacco substitutes through vending machines vulnerable adult ” includes any adult for whom a or... 5 ) “ Minor ” means an intentional perversion, misrepresentation or concealment of truth c. 148, 7. After a prior like offense c. 290, § 1 ; 74 Del 11, plaintiff. Within 10 years after a prior occasion of conduct occurred within 10 years after a occasion. Authorized to transact business in this … Division of Developmental Disabilities Services be a class misdemeanor! The case of personal property, as amended, which was classified Generally to former 11. 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