§ 3533. Aggravated act of intimidation; class B felony.
§ 3533. Aggravated act of intimidation; class B felony. Every person doing any of the acts set forth in § 3532 of this title, knowingly and with malice under 1 or more of the following circumstances, shall be guilty of a class B felony if, in addition, such act: (1) Is accompanied by an express […]
§ 3534. Attempt to intimidate.
§ 3534. Attempt to intimidate. Every person attempting the commission of any act described in §§ 3532 and 3533 of this title is guilty of the offense attempted, without regard to the success or failure of such attempt. The fact that no person was actually physically injured, or actually intimidated, shall be no defense against […]
§ 3535. Protective orders — Issuance.
§ 3535. Protective orders — Issuance. Any court with jurisdiction over any criminal matter may in its discretion and upon good cause (which may include, but is not limited to, such matters as credible hearsay, the declaration of the prosecutor or the declaration of the defense attorney) find that intimidation or dissuasion of a victim […]
§ 3512. Presence of victims.
§ 3512. Presence of victims. Any victim or the victim’s immediate family shall have the right to be present during all stages of a criminal proceeding even if called upon to testify therein, unless good cause can be shown by the defendant to exclude them. 67 Del. Laws, c. 232, § 1; 70 Del. Laws, […]
§ 3513. Hearsay exception for child victim’s or witness’s out-of-court statement of abuse.
§ 3513. Hearsay exception for child victim’s or witness’s out-of-court statement of abuse. (a) An out-of-court statement made by a child victim or witness who is under 11 years of age at the time of the proceeding concerning an act that is a material element of the offense relating to sexual abuse, physical injury, serious […]
§ 3514. Testimony of victim or witness in child abuse, and victim of domestic violence, sexual assault or stalking cases by means of secured video connection.
§ 3514. Testimony of victim or witness in child abuse, and victim of domestic violence, sexual assault or stalking cases by means of secured video connection. (a) (1) In any prosecution involving any offense set forth in § 3513(a) of this title, domestic violence as defined in § 1041 of Title 10, and §§ 768 […]
§ 3515. Admissibility of DNA profiles.
§ 3515. Admissibility of DNA profiles. (a) Definitions. — In this section the following words have the meanings indicated. (1) “Deoxyribonucleic acid (DNA)” means the molecules in all cellular forms that contain genetic information in a patterned chemical structure of each individual. (2) “DNA profile” means an analysis that utilizes the restriction fragment length polymorphism […]
§ 3516. Hearsay exception for an adult who is impaired or patient or resident victim’s out-of-court statement of abuse.
§ 3516. Hearsay exception for an adult who is impaired or patient or resident victim’s out-of-court statement of abuse. (a) An out-of-court statement made by an adult who is impaired, as defined in § 3902 of Title 31, or by a patient or resident of a state facility, as defined in § 1131 of Title […]
§ 3501. Testimony of accused persons.
§ 3501. Testimony of accused persons. Every person who is accused of any crime whatsoever, punishable by the laws of this State, may upon trial before any tribunal established by the Constitution or laws of this State, testify in the person’s own behalf, and may testify for or against any other person jointly tried with […]
§ 3502. Testimonial immunity.
§ 3502. Testimonial immunity. (a) A party to an offense under Chapter 15 of this title may be required to furnish evidence, or to testify concerning the offense. (b) No evidence or testimony required to be furnished under this section, nor any information directly or indirectly derived from such evidence or testimony, may be used […]