CHAPTER 248

FORMERLY

HOUSE BILL NO. 334

AN ACT TO AMEND TITLE 11, DELAWARE CODE RELATING TO OBSTRUCTION OF GOVERNMENT OPERATIONS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

Section 1. Amend Title 11, Delaware Code by enacting a new section as follows:

" § 1240. Use of an animal to avoid capture, Class G Felony; 'Class A Misdemeanor'.

(a) A person is guilty of the use of using an animal to avoid capture when, with the intent to prevent, hinder or delay the apprehension of a wanted person, including themselves, they release any animal against a law enforcement or other authorized person to make arrests under Delaware law.

(b) Use of an animal to avoid capture is a Class G Felony, (i) if the person commits any of the acts set forth in subsection (a) of this section with intent to prevent, hinder or delay the discovery or apprehension of, or the lodging of a criminal charge against, a person whom that person knows committed acts constituting a felony, or is being sought by law-enforcement officers for the commission of a felony, or, (ii) if the animal injures the law enforcement officer.

(c) Use of an animal to avoid capture is a Class A Misdemeanor if the person commits any of the acts set forth in subsection (a) of this section with intent to prevent, hinder or delay the discovery or apprehension of, or the lodging of a criminal charge against, a person whom that person knows committed acts constituting a crime other than a felony, or is being sought by law-enforcement officers for the commission of a crime other than a felony."

Section 2. 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 the Act which can be given effect without the invalid provision or application, and to that end the provisions of this Act are declared to be severable.

Section 3. This bill shall be effective the day after enactment.

Approved February 10, 1998