CHAPTER 321

PERMITTING CIVIL ACTION AGAINST PARENTS FOR DAMAGE DONE BY CHILDREN

AN ACT TO AMEND CHAPTER 39, TITLE 10, DELAWARE CODE, ENTITLED "PLEADING AND PRACTICE" BY PERMITTING A CIVIL ACTION AGAINST THE PARENTS OF CHILDREN WHO MALICIOUSLY DESTROY OR DAMAGE PROPERTY.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Chapter 39, Title 10, Delaware Code, is amended by adding a new section at the end of said chapter to read as follows:

§ 3923. Malicious destruction of property by minors; recovery of damages from parents

Any municipal corporation, county, town, school district, and agency of the State of Delaware or any person, partnership, corporation or association, or any religious organization whether incorporated or unincorporated, shall be entitled to recover damages in an action in assumpsit in an amount not to exceed Three Hundred Dollars ($300.00) in a court of competent jurisdiction from the parents of any minor under the age of 18 years, living with the parents, who shall maliciously or willfully destroy or damage property, real, personal, or mixed, belonging to such municipal corporation, county, town, school district, or agency of the State of Delaware, or person, partnership, corporation or association or religious organization.

Approved February 6, 1958.