CHAPTER 359

FORMERLY

HOUSE BILL NO. 565

AS AMENDED BY SENATE AMENDMENT NOS. 1 AND 2

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE OFFENSE OF RECKLESS ENDANGERING.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (two-thirds of all members concurring thereon):

Section1. Amend § 603, Title 11 of the Delaware Code, by striking the existing language and substituting in lieu thereof the following:

"(a) A person is guilty of reckless endangering in the second degree when:

(1) the person recklessly engages in conduct which creates a substantial risk of physical injury to another person; or

(2)Being a parent, guardian or other person legally charged with the care or custody of a child less than eighteen years old, the person knowingly, intentionally or with criminal negligence acts in a manner which contributes to or fails to act to prevent the unlawful possession and/or purchase of a firearm by a juvenile. It shall be an absolute defense to this paragraph (2) if the person charged had a lock on the trigger and did not tell or show the juvenile where the key to the trigger lock was kept. It shall also be an absolute defense to this paragraph (2) if the person had locked the firearm in a key or combination locked container and did not tell or show the juvenile where the key was kept or what the combination was.

(b) Reckless endangering in the second degree is a Class A misdemeanor."

Approved July 2, 1998