CHAPTER 347

ABOLISHING CAPITAL PUNISHMENT

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE ENTITLED "CRIMES AND CRIMINAL PROCEDURE" BY ABOLISHING CAPITAL PUNISHMENT.

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

Section 1. Punishment by death for any crime in this State is hereby abolished.

Section 2. § 571, Title 11, Delaware Code is repealed and a new § 571 is inserted and enacted in lieu thereof to read as follows:

§ 571. Murder in the first degree

Whoever commits the crime of murder with express malice aforethought, or in perpetrating, or attempting to perpetrate the crime of rape, kidnapping or treason, is guilty of murder in the first degree and of a felony, and shall suffer life imprisonment and may be fined in such amount as the court, in its discretion, may determine.

Section 3. § 623 (a) and § 861, Title 11, Delaware Code are amended by striking out the word "death" wherever it appears in said sections and by inserting in lieu thereof the words "life imprisonment".

Section 4. § 781, Title 11, Delaware Code is repealed and a new § 781 is inserted and enacted in lieu thereof to read as follows:

§ 781. Rape; carnal knowledge and abuse of female under seven Whoever commits the crime of rape; or

Whoever carnally knows and abuses a female child under the age of 7 years

Shall be guilty of felony and shall suffer life imprisonment. If the jury at the time of rendering their verdict recommends the defendant to mercy, the court may impose a sentence for any period not less than 3 years, instead of life imprisonment.

Section 5. Chapter 39, Title 11, Delaware Code is amended by repealing § 3901, § 3909 and § 3910.

Section 6. Any Act or parts of an Act which are inconsistent with this Act are repealed to the extent of any such inconsistency.

Approved April 2, 1958.