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Legal Statutes: Delaware

UPDATED April 12, 2017

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Subchapter II. Jurisdiction and Powers

back to top§ 922. Exclusive and concurrent original criminal jurisdiction

(a) Except as provided in subsections (b), (c), (d) and (e) of this section, the Court shall have exclusive original criminal jurisdiction in all proceedings in this State concerning the following, the enumeration of which shall not be construed to exclude jurisdiction otherwise conferred upon the Court:

(1) Ill treatment, abuse, abandonment or contributing to the delinquency of a child, or any misdemeanor committed against a child;

(2) Offenses, except felonies, committed:

a. By 1 member against another member of the family;

b. Between former spouses;

c. Persons cohabitating together who are holding themselves out as a couple, with or without a child in common; or

d. Persons living separate and apart with a child in common.

(3) Offenses, except felonies, in which the defendant is a member of a family and the complainant is a peace officer and the criminal act complained of was committed during a family altercation;

(4) Misdemeanor criminal nonsupport and misdemeanor aggravated criminal nonsupport under § 1113 of Title 11;

(5) Illegitimacy proceedings under 13 Del. C. §§ 1321-1335 of Title 13 [repealed];

(6) Children of immoral parents under § 706 of Title 13 [repealed];

(7) Aiding a child who escapes from the Department of Services for Children, Youth and Their Families under § 5311 of Title 31;

(8) Cruel treatment and wrongful disposition or employment of children under § 1102 of Title 11;

(9) Interference with custody of a child under § 785 of Title 11;

(10) Placing a resident or bringing a nonresident dependent child into Delaware without consent of the Department of Services for Children, Youth and Their Families under §§ 307, 351 of Title 31, except as provided in the Interstate Compact for Juveniles;

(11) Sale or delivery of an alcoholic beverage to a child under § 904 of Title 4;

(12) Permitting a child to remain where alcoholic beverages are sold under § 1106 of Title 11;

(13) Permitting a child to be present where gambling activity is maintained or conducted under § 1106 of Title 11;

(14) Sale of weapons to a child under § 903 of Title 24;

(15) Sexual assault on a child under § 761 of Title 11;

(16) Intra-family offenses against the person under §§ 601, 602, 611 of Title 11;

(17) Incest under § 766 of Title 11;

(18) Reciprocal support proceedings against or on behalf of nonresidents under Chapter 6 of Title 13, where appropriate;

(19) Unlawful sexual contact in the third degree against a child under § 767 of Title 11;

(20) Violation of a protective order under § 1271A of Title 11;

(21) Offenses involving the reporting of new hires under § 1156A of Title 30.

(b) The Court shall have concurrent criminal jurisdiction with the Justice of the Peace Court in all proceedings concerning alleged curfew violations under former §§ 39-14 through 39-16 of the Wilmington Code [see now §§ 36-97 and 36-98 of the Wilmington Code].

(c) The Court shall have concurrent criminal jurisdiction with the Justice of the Peace Courts in all proceedings concerning alleged curfew violations pursuant to any municipal ordinance.

(d) Notwithstanding the provisions of paragraphs (a)(1)-(a)(3), (a)(17) and (a)(20) of this section, if offenses or criminal cases within the exclusive original jurisdiction of Family Court otherwise may be joined properly with a felony within the jurisdiction of Superior Court, such offenses or criminal cases shall be within the jurisdiction of Superior Court.

(e) Notwithstanding the provisions of paragraphs (a)(1)-(a)(3), (a)(17) and (a)(20) of this section, if offenses or criminal cases within the exclusive jurisdiction of the Family Court and in which the defendant is an adult otherwise may be joined properly with a criminal case or other offense that is within the jurisdiction of the Court of Common Pleas, such offenses or criminal cases shall be within the jurisdiction of the Court of Common Pleas, except that this subsection shall not apply to offenses or criminal cases involving felonies.

58 Laws 1971, ch. 114, § 1; 58 Laws 1972, ch. 497, § 4; 63 Laws 1981, ch. 93, § 1; 64 Laws 1983, ch. 108, §§ 6, 20; 66 Laws 1987, ch. 189, §§ 1, 2; 66 Laws 1988, ch. 269, §§ 13, 14; 68 Laws 1991, ch. 66, §§ 1, 2; 69 Laws 1993, ch. 160, § 3; 70 Laws 1995, ch. 100, § 4, eff. June 26, 1995; 70 Laws 1996, ch. 318, § 2; 70 Laws 1996, ch. 448, § 3, eff. July 5, 1996; 71 Laws 1997, ch. 29, §§ 1, 2, eff. May 14, 1997; 71 Laws 1997, ch. 176, § 3, eff. May 1, 1998; 71 Laws 1997, ch. 216, § 158, eff. July 25, 1997; 75 Laws 2005, ch. 110, §§ 1, 2, eff. July 7, 2005; 80 Laws 2016, ch. 364, § 2, eff. Aug. 3, 2016.