Legal Information: Delaware

Statutes: Delaware

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Updated: 
September 13, 2023

§ 1103A. Child abuse in the second degree; class G felony

(a) A person is guilty of child abuse in the third degree when the person intentionally or recklessly causes physical injury to a child and any one of the following applies:

(1) The child is less than 6 years of age.

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

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

(b) 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.

(c) 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.

(d) Child abuse in the third degree is a Class D felony.

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