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Delaware Laws | Title 11 Crimes and Criminal Procedure
CHAPTER 5. SPECIFIC OFFENSES
Subchapter VII. Offenses Against Public Health, Order and Decency

(5) Makes repeated or anonymous telephone calls to another person whether or not conversation ensues, knowing that person is thereby likely to cause annoyance or alarm. (4748)

(b) Harassment is a class A misdemeanor. (4749)

(11 Del. C. 1953, Sec. 1311; 58 Del. Laws, c. 497, Sec. 1; 67 Del. Laws, c. 130, Sec. 8; 70 Del. Laws, c. 186, Sec. 1; 70 Del. Laws, c. 316, Sec. 3; 74 Del. Laws, c. 362, Sec. 1; 76 Del. Laws, c. 343, Sec.Sec. 1, 2.) (4750)

Sec. 1312. Stalking; class G felony, class F felony, class C felony. (4751)(Text)

(a) A person is guilty of stalking when the person knowingly engages in a course of conduct directed at a specific person and that conduct would cause a reasonable person to: (4752)

(1) Fear physical injury to himself or herself or that of another person; or (4753)

(2) Suffer other significant mental anguish or distress that may, but does not necessarily, require medical or other professional treatment or counseling. (4754)

(b) A violation of subsection (a) of this section is a class G felony. (4755)

(c) Stalking is a class F felony if a person is guilty of stalking and 1 or more of the following exists: (4756)

(1) The person is age 21 or older and the victim is under the age of 14; or (4757)

(2) The person violated any order prohibiting contact with the victim; or (4758)

(3) The victim is age 62 years of age or older; or (4759)

(4) The course of conduct includes a threat of death or threat of serious physical injury to the victim, or to another person; or (4760)

(5) The person causes physical injury to the victim. (4761)

(d) Stalking is a class C felony if the person is guilty of stalking and 1 or more of the following exists: (4762)

(1) The person possesses a deadly weapon during any act; or (4763)

(2) The person causes serious physical injury to the victim. (4764)

(e) Definitions. -- The following terms shall have the following meaning as used in this section: (4765)

(1) "Course of conduct" means 3 or more separate incidents, including, but not limited to, acts in which the person directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveys, threatens, or communicates to or about another, or interferes with, jeopardizes, damages, or disrupts another's daily activities, property, employment, business, career, education, or medical care. A conviction is not required for any predicate act relied upon to establish a course of conduct. A conviction for any predicate act relied upon to establish a course of conduct does not preclude prosecution under this section. Prosecution under this section does not preclude prosecution under any other section of the Code. (4766)

(2) "A reasonable person" means a reasonable person in the victim's circumstances. (4767)

(f) Notwithstanding any contrary provision of Sec. 4205 of this title, any person who commits the crime of stalking by engaging in a course of conduct which includes any act or acts which have previously been prohibited by a then-existing court order or sentence shall receive a minimum sentence of 6 months incarceration at Level V. The first 6 months of said period of incarceration shall not be subject to suspension. (4768)

(g) Notwithstanding any contrary provision of Sec. 4205 of this title, any person who is convicted of stalking within 5 years of a prior conviction of stalking shall receive a minimum sentence of 1 year incarceration at Level V. The first year of said period of incarceration shall not be subject to suspension. (4769)

(h) In any prosecution under this law, it shall not be a defense that the perpetrator was not given actual notice that the course of conduct was unwanted; or that the perpetrator did not intend to cause the victim fear or other emotional distress. (4770)

(i) In any prosecution under this section, it is an affirmative defense that the person charged was engaged in lawful picketing. (4771)

(j) This section shall not apply to conduct which occurs in furtherance of legitimate activities of law-enforcement, private investigators, security officers or private detectives as those activities are defined in Chapter 13 of Title 24. (4772)

(68 Del. Laws, c. 250, Sec. 1; 70 Del. Laws, c. 186, Sec. 1; 70 Del. Laws, c. 316, Sec. 1; 74 Del. Laws, c. 116, Sec.Sec. 1, 2; 76 Del. Laws, c. 343, Sec. 4.) (4773)

Sec. 1312A. Stalking; class F felony. (4774)(Text)

Transferred by 76 Del. Laws, c. 343, Sec. 4, eff. Oct. 14, 2008, to Sec. 1312 of this title. (4775)

Sec. 1313. Malicious interference with emergency communications; class B misdemeanor. (4776)(Text)

(a) As used in this section: (4777)

(1) "Emergency communication" means any telephone call or any other form of communication made, transmitted or facilitated by radio, computer or any other electronic device which is intended by its maker to provide warning or information pertaining to any crime, fire, accident, disaster or risk of injury or damage to any person or property. (4778)

(2) "Emergency communications center" means any public or private facility or entity which accepts emergency communications for the purpose of notifying, dispatching, directing or coordinating law enforcement, fire, medical, paramedic, ambulance, utility or other public safety personnel. (4779)

(b) A person is guilty of malicious interference with emergency communications when the person: (4780)

(1) Intentionally prevents or hinders the initiation, making or completion of an emergency communication by another person; or (4781)

(2) Intentionally initiates or makes repeated nonemergency communications to any 911 or other emergency communications center, knowing it was thereby likely that the operations of such emergency communications center would be disrupted. (4782)

(11 Del. C. 1953, Sec. 1313; 58 Del. Laws, c. 497, Sec. 1; 67 Del. Laws, c. 130, Sec. 8; 73 Del. Laws, c. 87, Sec. 2.) (4783)

Sec. 1314. [Reserved.] (4784)(Text)

Sec. 1315. Public intoxication; unclassified misdemeanor; violation. (4785)(Text)

A person is guilty of public intoxication when the person appears in a public place manifestly under the influence of alcohol or narcotics or any other drug not administered or prescribed to be taken by a physician, to the degree that the person may be in danger or endanger other persons or property, or annoy persons in the vicinity. (4786)

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