§ 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. (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 […]
§ 3503. Prima facie evidence of bank incorporation. In criminal proceedings it shall be prima facie evidence of the incorporation of a bank that it has been reputed to be an incorporated bank or has issued notes as a bank. Code 1852, § 2350; Code 1915, § 4227; Code 1935, § 4702; 11 Del. C. […]
§ 3504. Proof of possession of property. In the prosecution of any offense committed upon, in relation to or in any way affecting any real estate, or personal property, chose in action or thing, it is sufficient if it is proved in the trial that, at the time when the offense was committed, either the […]
§ 3506. Obtaining of testimony under court order; witness immunity. (a) In any criminal action or in any investigation carried on by the grand jury, if a person refuses to answer any question or to produce evidence of any kind solely on the ground that the person may thereby be incriminated, the Superior Court, upon […]
§ 3507. Use of prior statements as affirmative evidence. (a) In a criminal prosecution, the voluntary out-of-court prior statement of a witness who is present and subject to cross-examination may be used as affirmative evidence with substantive independent testimonial value. (b) The rule in subsection (a) of this section shall apply regardless of whether the […]
§ 3508. Rape — Sufficiency of evidence; proceedings in camera. (a) In any prosecution for the crime of any degree of rape, unlawful sexual intercourse, unlawful sexual penetration or unlawful sexual contact; an attempt to commit any degree of rape, unlawful sexual intercourse, unlawful sexual penetration or unlawful sexual contact, if such attempt conforms to […]
§ 3509. Rape — Admissibility of certain evidence. (a) Notwithstanding any other provision of this Code to the contrary, and except as provided in this section, in any prosecution for any degree of rape, unlawful sexual intercourse, unlawful sexual penetration or unlawful sexual contact, any opinion evidence, reputation evidence and evidence of specific instances of […]
§ 3510. Admissibility of certificate of title in criminal proceedings involving motor vehicles. In any criminal proceeding in which ownership, possession or use of a motor vehicle is an issue, a certified copy of the certificate of title on file with the Division of Motor Vehicles shall be admissible as proof of ownership of the […]
§ 3511. Videotaped deposition and procedures for child witnesses. (a) In any criminal case or hearing on delinquency, upon motion of the Deputy Attorney General prior to trial and with notice to the defense, the court may order all questioning of any witnesses under the age of 12 years to be videotaped in a location […]
§ 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. (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. (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. (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. (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 […]
