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Legal Statutes: Delaware

UPDATED April 12, 2017

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Subpart A. Assaults and Related Offenses

back to top§ 613. Assault in the first degree; class B felony

(a) A person is guilty of assault in the first degree when:

(1) The person intentionally causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument; or

(2) The person intentionally disfigures another person seriously and permanently, or intentionally destroys, amputates or disables permanently a member or organ of another person's body; or

(3) The person recklessly engages in conduct which creates a substantial risk of death to another person, and thereby causes serious physical injury to another person; or

(4) While engaged in the commission of, or attempt to commit, or flight after committing or attempting to commit any felony, the person intentionally or recklessly causes serious physical injury to another person; or

(5) The person intentionally causes serious physical injury to a law-enforcement officer, a volunteer firefighter, a full-time firefighter, emergency medical technician, paramedic, fire police officer, fire marshal, public transit operator, a code enforcement constable or a code enforcement officer who is acting in the lawful performance of duty; or

(6) The person intentionally causes serious physical injury to the operator of an ambulance, a rescue squad member, licensed practical nurse, registered nurse, paramedic, licensed medical doctor or any other person while such person is rendering emergency care; or

(7) The person intentionally causes serious physical injury to another person who is 62 years of age or older.

(b) It is no defense, for an offense under paragraph (a)(7) of this section, that the accused did not know the person's age or that the accused reasonably believed the person to be under the age of 62.

(c) Assault in the first degree is a class B felony.
58 Laws 1972, ch. 497, § 1; 63 Laws 1981, ch. 50, § 2; 63 Laws 1982, ch. 237, § 2; 67 Laws 1989, ch. 130, § 8; 68 Laws 1991, ch. 129, §§ 2, 3; 69 Laws 1993, ch. 24, §§ 5, 6; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 72 Laws 1999, ch. 34, § 11, eff. May 12, 1999; 73 Laws 2001, ch. 126, §§ 4, 16, eff. July 9, 2001; 74 Laws 2003, ch. 106, § 1, eff. June 30, 2003; 75 Laws 2005, ch. 168, § 1, eff. July 12, 2005; 77 Laws 2009, ch. 119, § 2, eff. July 8, 2009; 77 Laws 2010, ch. 265, § 2, eff. May 18, 2010; 78 Laws 2012, ch. 325, § 2, eff. July 12, 2012.