CHAPTER 451

FORMERLY

SENATE BILL NO. 424

AN ACT TO AMEND CHAPTER 5, TITLE 11 OF THE DELAWARE CODE RELATING TO OFFENSES INVOLVING CHILDREN.

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

Section 1. Amend Section 1102, Title 11 of the Delaware Code by redesignating the existing language thereof as subsection "(a)" and be deleting the last sentence thereof in its entirety.

Section 2. Amend Section 1102, Title 11 of the Delaware Code by adding new subsections "(b)" and "(c)" to read as follows:

"(b) Endangering the welfare of a child shall be punished as follows:

(1) When the death of a child occurs while the child's welfare was endangered as defined in subsection (a) of this section, endangering the welfare of a child is a class E felony;

(1) When serious physical injury to a child occurs while the child's welfare was endangered as defined in subsection (a) of this section, endangering the welfare of a child is a class G felony;

(2) In all other cases, endangering the welfare of a child is a class A misdemeanor.

(c) For the purpose of imposing the penalties prescribed in paragraph (b) (1) or (b) (2) of this section, it is not necessary to prove the person's state of mind or liability for causation with regard to the resulting death or serious physical injury of the child, notwithstanding the provisions of §§ 251, 252, 261, 262, 263 or 264 of this title, or any other statutes to the contrary."

Section 3. Amend Section 1104, Title 11 of the Delaware Code by adding between the words "child" and "based" as they appear for the first time in the section the following phrase: ", except where it is alleged to be punishable under subsections 1102(b)(1) or (b)(2) of this title, which is".

Approved July 5, 1996