CHAPTER 155

OFFENSES AGAINST PRIVATE PROPERTY

AN ACT TO AMEND CHAPTER 150 OF THE REVISED CODE OF DELAWARE, 1935, RELATING TO OFFENSES AGAINST PRIVATE PROPERTY BY MAKING IT A FELONY TO BREAK AND ENTER WITH INTENT TO COMMIT ANY CRIME OR MISDEMEANOR; AND PROVIDING NO CRIMINAL PROCEEDING COMMENCED PRIOR TO THE APPROVAL OF THIS ACT SHALL BE AFFECTED HEREBY.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That Chapter 150 of the Revised Code of Delaware, 1935, be and the same is hereby amended by striking out and repealing 5190. Section 10 and 5192. Section 12, and by inserting in lieu thereof respectively the following new Sections:

5190. Section 10. Whoever shall, in the nighttime, break and enter into the dwelling house of another person with the intent to commit any crime or misdemeanor other than that of murder, rape or arson of the first degree, whether such intent be executed or not, shall be deemed guilty of a felony, and shall be fined not less than One Hundred, nor more than Five Hundred Dollars, shall be whipped with not less than twenty nor more than forty lashes and shall be imprisoned for a term not exceeding twenty years.

5192. Section 12. Whoever shall, in the daytime, break and enter into the dwelling house of another with the intent to commit any crime or misdemeanor, or whoever shall enter into the dwelling house of another by day or by night, without breaking the same, with intent to commit any crime or misdemeanor, or whoever, being in the dwelling house of another, shall commit any crime or misdemeanor and shall in the nighttime break the said house to get out of the same, or whoever shall, in the nighttime, break and enter into any warehouse, store, office, shop, or outhouse, of another, wherein any goods, money, or other thing being the subject of larceny of any degree are kept, or deposited, with intent to commit larceny of any degree, whether in either case the intent be executed or not, shall be deemed guilty of felony, and shall be whipped with twenty lashes and shall be imprisoned for a term not exceeding three years; and moreover, if any goods, money, or other thing being the subject of larceny of any degree shall have been taken, the person so offending shall forfeit and pay, as restitution money, to the owner thereof, twice the value thereof, unless such goods, money or other thing, or any part thereof, shall have been restored, and in that case the full value thereof.

Section 2. No criminal proceeding commenced prior to the date of approval of this Act shall be, in any manner affected by this Act.

Approved April 7, 1939.