CHAPTER 97

FORMERLY

SENATE BILL NO. 128

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE REGARDING CERTAIN CRIMES.

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

Section 1. Amend Title 1 I of the Delaware Code by adding thereto a new section, to be designated as Section 907B, to read as follows:

"§907B. Criminal impersonation of a police officer; class F felony, class C felony.

(a) A person is guilty of criminal impersonation of a police officer when the person, intending to facilitate the commission of a crime, or while in immediate flight therefrom:

(1) intentionally and without lawful authority impersonates or otherwise pretends to be a police officer; or

(2) without lawful authority does any act intended to create or reinforce a false impression that the person is a police officer.

(b) Criminal impersonation of a police officer is a class E felony, unless during the course of the commission of the crime, or while in immediate flight therefrom, the person or another participant in the crime:

(1) causes physical injury to any person who is not a participant in the crime; or

(2) commits class A felony or class B felony as defined by this Title, or any sexual offense as defined by §761(d) of this Title, in which case it is a class C felony.

(c) Nothing in this section shall preclude a separate charge, conviction or sentence for any other crime."

Approved June 30, 1997