DELAWARE
11-1312A. Stalking; class F felony. 1996.
(a) Any person who intentionally engages in a course of conduct directed at a specific person which would cause a reasonable person to fear physical injury to him or herself, to a friend or associate, or to a member of his or her household or to a third person and whose conduct induces such fear in such person, is guilty of the crime of stalking.
(b) For the purposes of this section, the following definitions are provided:
(1) "Course of conduct" includes repeatedly maintaining a visual or physical proximity to a person or repeatedly conveying verbal or written threats or threats implied by conduct, or repeatedly committing any acts constituting any criminal offense as defined by the Delaware Code, or a combination thereof, and which reflects a continuity of purpose. A conviction is not required for any predicate act relied upon to establish a course of conduct. A conviction for any predicated 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) "Repeatedly" means more than 3 occasions.
(c) In any prosecution under this section, it is an affirmative defense that the person charged was engaged in lawful picketing.
(d) This section shall not apply to conduct which occurs in furtherance of legitimate law enforcement activities or to private investigators, security officers or private detectives as those activities are defined in Chapter 13 of Title 24.
(e) Stalking is a class F felony, unless the course of conduct includes a threat of death or serious physical injury to the victim, his or her immediate family or to a third person, in which case it is a class D felony; or, unless the perpetrator possesses a deadly weapon during any act comprising the course of conduct, in which case it is a class C felony.
(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 1st year of said period of incarceration shall not be subject to suspension.
Legislative Update: Delaware legislators enacted the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act, HB 315, on July 8, 2002. This bill requires the courts to enforce the terms of any validly issued out of state protection order, and directs law enforcement officers to enforce foreign orders when they have probable cause to believe that such an order has been violated.
