CHAPTER 48

AN ACT TO AMEND PART III, TITLE 21, DELAWARE CODE, BY ADDING A NEW CHAPTER 46, RELATING TO THE ADVERTISEMENT AND SALE OF MASTER KEYS AND PROVIDING FOR PENALTY FOR VIOLATION THEREOF.

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

Section 1. Amend Part III, Title 21, Delaware Code, by adding thereto a new Chapter 46 to read as follows:

CHAPTER 46. ADVERTISEMENT AND SALE OF

MASTER KEYS

§ 4601. Introduction, sale, distribution, or advertisement for sale to public of motor vehicle master keys; penalty

(a) Whoever knowingly introduces, or manufactures for introduction, into this State or transports or distributes in this State any motor vehicle master key shall be fined not more than $2,000 or imprisoned not more than five (5) years, or both.

(b) Whoever knowingly disseminates or knowingly causes to be disseminated any advertisement or sale to the public of this State motor vehicle master keys shall be fined not more than $2,000 or imprisoned not more than five (5) years, or both.

(c) As used in this section, "master key" means any key adapted to fit the ignition switch of two or more motor vehicles, the ignition switches of which are designed to operate by different keys.

§ 4602. Exemptions

The provisions of § 4601 of this title shall not apply to -

(1) The introduction, manufacture for introduction, transportation, distribution, sale or possession in this State of motor vehicle master keys for use in the ordinary course of business by any bona fide locksmith, vehicle manufacturer, lock manufacturer, common carrier, contract carrier, new or used car dealer, rental car agency, automobile club or association, or any department, agency, or instrumentality of (a) the State of Delaware, the United States, or (b) any political subdivisions of any such entity.

(2) The shipment, transportation, or delivery for shipment in this State of motor vehicle master keys in the ordinary course of business of any common carrier or contract carrier.

(3) Any person, corporation, agency, association, club, department, or carrier possessing any master key pursuant to this section shall, within 30 days after the adoption of this act and every 6 months thereafter, submit to the Motor Vehicle Commissioner of the State of Delaware a list describing all master keys which it possesses. Any person, corporation, agency, association, club, department, or carrier which submits a list pursuant to this paragraph, which list does not contain any master key which was described in any previous list to the Motor Vehicle Commissioner shall, in writing, notify the Motor Vehicle Commissioner of the reason for omission. Whoever knowingly fails to comply with this paragraph shall be fined not more than $2,000 or imprisoned not more than five (5) years or both.

Approved April 30, 1969.