Delaware
This page lists the most applicable state crimes addressing stalking. However, depending on the facts of the case, a stalker might also be charged with other crimes, such as trespassing, intimidation of a witness, breaking and entering, etc. Check your state code or consult with your local prosecutor about other charges that might apply in a particular case.
11Del.
C. § 1312.
Stalking; class G felony, class
F felony, class C felony. (2007)
(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:
(1)
Fear
physical injury to himself or herself or that of another person;
or
(2)
Suffer
other significant mental anguish or distress that may, but does not necessarily,
require medical or other professional treatment or
counseling.
(b) A violation of subsection (a) of
this section is a class G felony.
(c) Stalking is a class F felony if a person
is guilty of stalking
and 1 or more of the following exists:
(1)
The
person is age 21 or older and the victim is under the age of 14;
or
(2)
The
person violated any order prohibiting contact with the victim;
or
(3)
The
victim is age 62 years of age or older; or
(4)
The
course of conduct includes a threat of death or threat of serious physical
injury to the victim, or to another person; or
(5)
The
person causes physical injury to the victim.
(d) Stalking is a class C felony if the person
is guilty of stalking
and 1 or more of the following exists:
(1)
The
person possesses a deadly weapon during any act; or
(2)
The
person causes serious physical injury to the victim.
(e) Definitions. -- The following terms shall have
the following meaning as used in this section:
(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.
(2)
"A
reasonable person" means a reasonable person in the victim's
circumstances.
(f)
Notwithstanding any contrary
provision of § 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.
(g) Notwithstanding any contrary
provision of § 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.
(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.
(i)
In any
prosecution under this section, it is an affirmative defense that the person
charged was engaged in lawful picketing.
(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.
11
Del.
C. §
1311. Harassment; class B misdemeanor.
(2007)
(a) A person is guilty of harassment
when, with intent to harass, annoy or alarm another
person:
(1)
That
person insults, taunts or challenges another person or engages in any other
course of alarming or distressing conduct which serves no legitimate purpose and
is in a manner which the person knows is likely to provoke a violent or
disorderly response or cause a reasonable person to suffer fear, alarm, or
distress;
(2)
Communicates with a person by
telephone, telegraph, mail or any other form of written or electronic
communication in a manner which the person knows is likely to cause annoyance or
alarm including, but not limited to, intrastate telephone calls initiated by
vendors for the purpose of selling goods or services;
(3)
Knowingly permits any telephone
under that person's control to be used for a purpose prohibited by this
section;
(4)
In the
course of a telephone call that person uses obscene language or language
suggesting that the recipient of the call engage with that person or another
person in sexual relations of any sort, knowing that the person is thereby
likely to cause annoyance or alarm to the recipient of the call;
or
(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.
(b) Harassment is a class A
misdemeanor.