CHAPTER 34

FORMERLY

SENATE BILL NO. 12

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE CRIME OF CARJACKING.

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

Section 1. Amend Chapter 5, Title 11 of the Delaware Code by adding a new section §835 to read as follows:

Ҥ835. Carjacking in the second degree; class E felony; class D felony.

(a) A person is guilty of carjacking in the second degree when that person knowingly and unlawfully takes possession or control of a motor vehicle from another person or from the immediate presence of another person by coercion, duress, or otherwise without the permission of the other person.

(b)(1) Except as provided in paragraph (2) of this subsection, carjacking in the second degree is a class E felony.

(2) Carjacking in the second degree is a class D felony if the elements of subparagraph (a) are met and if, while in possession or control of the vehicle, the person:

a. Recklessly engages in conduct which creates a substantial risk of death or serious physical injury to another person; or

b. Compels a lawful occupant of the vehicle to leave the vehicle; or

c. Causes the vehicle to be operated recklessly.

(c) It is no defense to a prosecution under this section that the offender did not physically drive or operate the motor vehicle, nor is it a defense under this section that the offender did not intend to permanently deprive the owner or another person of the use of the vehicle.

(d) This section is not a related or included offense of §§831 or 832 of this title. Nothing in this section shall be deemed to preclude prosecution under any other provision of this Code.”

Section 2. Amend Chapter 5, Title 11 of the Delaware Code by adding a new section §836 to read as follows:

Ҥ836. Carjacking in the first degree; class C felony; class B felony.

(a) A person is guilty of carjacking in the first degree when the person knowingly and unlawfully takes possession or control of a motor vehicle from another person or from the immediate presence of another person by coercion, duress, or otherwise without the permission of the other person, and:

(1) While in possession or control of such vehicle the person commits or attempts to commit a class D or greater felony; or

(2) While in possession or control of such vehicle the person drives or operates the vehicle in violation of §4177 of Title 21 of this Code; or

(3) While in possession or control of such vehicle the person commits any offense set forth in Chapter 47 of Title 16 of this Code; or

(4) While in possession or control of such vehicle the person displays what appears to be a deadly weapon; or

(5) While in possession or control of such vehicle the person causes physical injury to another person; or

(6) The person from whom possession or control of the vehicle is taken, or an occupant or passenger of such vehicle, is 62 years of age or older or 14 years of age or younger.

(b) Carjacking in the first degree as defined in paragraphs (1),(2) and (3) of subsection (a) of this section is a class C felony. Carjacking in the first degree as defined in paragraphs (4), (5) and (6) of subsection (a) of this section is a class B felony.

(c) It is no defense to a prosecution under this section that the offender did not physically drive or operate the motor vehicle, nor is it a defense under this section that the offender did not intend to permanently deprive the owner or another person of the use of the vehicle.

(d) It is no defense to a prosecution under subsection (a)(6) of this section, that the accused did not know the age of the person from whom possession or control of the vehicle is taken, or an occupant or passenger of such vehicle, or that the accused reasonably believed such person to be under the age of 62 or over the age of 14.

(e) For the purpose of any prosecution under (a)(5) of this section, it is unnecessary to prove the accused’s state of mind with regard to causation of physical injury, notwithstanding the provisions of §251 or §252 of this title or any other statute to the contrary.

(f) This section is not a related or included offense of §831 or §832 of this title. Nothing in this section shall be deemed to preclude prosecution under any other provision of this Code.”

Section 3. Amend Chapter 5, Title 11 of the Delaware Code by adding a new section §837 to read as follows:

Ҥ837. Definitions relating to carjacking.

(a) ‘Another person’ includes the owner of the vehicle or any operator, occupant, passenger of the vehicle, or any other person who has an interest in the use of the vehicle which the offender is not privileged to infringe.

(b) ‘Motor vehicle’ or ‘vehicle,’ in addition to its ordinary meaning, includes any watercraft.”

Section 4. Amend Section 4214(b), Title 11 of the Delaware Code by inserting the phrase “836 Carjacking in the first degree” between the phrases “832 Robbery in the first degree” and “Former 771 Unlawful sexual penetration in the second degree” as they appear in that subsection.

Section 5. Amend Section 4201(c) of Title 11 of the Delaware Code by inserting between the phrases “832 Robbery in the First Degree” and “846 Extortion” as they appear in said subsection the following:

“835 Carjacking in the Second Degree

836 Carjacking in the First Degree”

Section 6. Amend Section 6533(d) of Title 11 of the Delaware Code by inserting between the phrases “832 Robbery First Degree;” and “1108 Sexual Exploitation of a Child;” as they appear in said subsection the following:

“835 Carjacking in the Second Degree;

836 Carjacking in the First Degree;”

Section 7. Amend Section 9401(1) of Title 11 of the Delaware Code by inserting between the phrases “832 Robbery in the First Degree;” and “840 Shoplifting;” as they appear in said subsection the following:

“835 Carjacking in the Second Degree; Class E felony, Class D felony;

836 Carjacking in the First Degree, Class C felony; Class B felony.”

Section 8. Amend Section 222, Title 11 of the Delaware Code by deleting subsection (2) of that section and by redesignating the remaining paragraphs accordingly.

Section 9. Amend Section 604, Title 11 of the Delaware Code by deleting subsection (b) of that section.

Section 10. Amend Section 612(a), Title 11 of the Delaware Code by deleting paragraph (6) of that subsection and by redesignating the remaining paragraphs accordingly.

Section 11. Amend Section 613(a), Title 11 of the Delaware Code by deleting paragraph (8) of that subsection.

Section 12. Any action, case, prosecution, trial or any other legal proceeding in progress under or pursuant to the previous wording of the sections amended by this Act, no matter what the stage of the proceeding, shall be preserved and shall not become illegal or terminated upon the effective date of this Act. For purposes of such proceedings in progress, the prior law shall remain in full force and effect.

Approved May 12,1999