CHAPTER 330

FORMERLY

HOUSE BILL NO. 238

AN ACT TO AMEND TITLE II OF THE DELAWARE CODE RELATING TO CRIMES AND CRIMINAL PROCEDURE.

BE IT ENACTED DY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section I. Amend §621, Title 11 of the Delaware Code by striking said section in its entirety and by substituting in lieu thereof the following:

§621. Terroristic threatening; class G felony; class A misdemeanor; penalties.

(a) A person is guilty of terroristic threatening when:

(1) He or she threatens to commit any crime likely to result in death or in serious injury to person or property; or

(2) He or she makes a false statement or statements:

a. Knowing that the statement or statements are likely to cause evacuation of a building, place of assembly or facility of public transportation; or

b Knowing that the statement or statements are likely to cause serious inconvenience; or

c. In reckless disregard of the risk of causing terror or serious inconvenience.

(b) Any violation of paragraph (a)(1) of this section shall he a class A misdemeanor. Any violation of paragraph (a)(2) of this section shall be a class G felony, unless the place at which the risk of evacuation, serious inconvenience or terror is created is a place which has the purpose, in whole or in part, of acting as a daycare facility, nursery or preschool, kindergarten, elementary, secondary or vocational-technical school, in which case it shall he a class F felony.

Notwithstanding any provision of this subsection to the contrary, a first offense of paragraph (a)(2) of this section by a person age 17 or younger shall be a class A misdemeanor.

(c) In addition to, the penalties otherwise authorized by law, any person convicted of an offense in violation of paragraph (a)(2) of this section shall:

(1) Pay a fine of not less than $1,000 nor more than $2,500, which fine cannot be suspended; and

(2) Be sentenced to perform a minimum of 100 hours of community service."

Section 2. §1303 of Chapter 13, Title 11 of the Delaware Code is hereby repealed.

Section 3. If any provision of this Act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Act which can he given effect iwthout the invalid provision or application, and to that end the provisions of this Act are declared to be severable.

Section 4. Any action, case, prosecution, trial or any other legal proceeding in progress under or pursuant to the previous wording of the sections amended or repealed by this Act, no matter what the stage the proceeding, shall he preserved and shall not become illegal or terminated upon the effective date of this Act. For purposes of such proceedings in progress, the prior law shall remain in full force and effect.

Approved May 8, 1996