Statutes: Delaware

(a) A person is guilty of child abuse in the second degree when the person intentionally or recklessly causes serious physical injury to a child.

(b) Child abuse in the second degree is a class B felony.

(c) Notwithstanding any provision of this title to the contrary, any person who commits child abuse in the second degree must receive a minimum sentence of 5 years at Level V if any one of the following applies:

(1) The child is less than 6 years of age at the time of offense.

(2) The child has an intellectual, developmental, or physical disability.

(3) The injury was caused by means of a deadly weapon or dangerous instrument.

(d) For an offense under this section, it is not a defense that the person did not know the child’s age or that the person reasonably believed the child to be 6 years of age or older.

(e) For an offense under this section, it is not a defense that the person did not know the child has an intellectual, developmental, or physical disability or that the person reasonably believed the child did not have an intellectual, developmental, or physical disability.