CHAPTER 551

FORMERLY

HOUSE BILL NO. 397

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND SUBCHAPTER VI, CHAPTER 5 OF TITLE 11, DELAWARE CODE, RELATING TO CRIMES.

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

Section 1. Amend Subchapter VI, Chapter 5 of Title 11, Delaware Code by adding a new Section 1240 as follows:

§ 1240 Threats to Public Officials.

(a) Every person who intentionally threatens the life of or threatens serious physical injury to, any elected public official, prosecutor, public defender. appointee of the Governor to a full-time position, county administrator for Kent or Sussex County or the New Castle County chief administrative officer, or member of the judiciary, with the specific intent that the statement is to be taken as a threat, and the apparent ability to carry out that threat by any means, is guilty of making a threat to a public official. Threat to a public official is a class G. felony.

(b) For purposes of this section, the following definitions shall apply:

(1) "Apparent ability to carry out that threat" includes the ability' to fulfill the threat at some future date.

(2) "Threat" means a verbal or written threat or a threat implied by a pattern of conduct or a combination of verbal or written statements and conduct made with the intent and the apparent ability to carry out the threat so as to cause the person who is the target of the threat to reasonably fear for his or her safety or the safety of his or her immediate family, provided, however, that the threat must relate directly to the official duties of the elected public official, prosecutor, public defender, appointee of the Governor to a full-time position,. or member of the judiciary, in order to constitute a threat to a public official under this section.

(3) For the purposes of this section, the words "member of the judiciary" means a judge or justice of the following courts:

Supreme Court, Chancery Court, Superior Court, Court of Common Pleas, Family Court, Municipal Court or Justice of the Peace Court.

Approved July 18, 1996