CHAPTER 108

FORMERLY

HOUSE BILL NO. 175

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO OFFENSIVE TOUCHING.

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 § 601, Title 11 of the Delaware Code by deleting the catchline in its entirety and inserting, in lieu thereof, the following:

"§ 601. Offensive Touching; unclassified misdemeanor; Class A misdemeanor.".

Section 2. Amend § 601, Title 11 of the Delaware Code by striking the section in its entirety and substituting in lieu thereof the following:

"(a) A person is guilty of offensive touching when the person:

(1) intentionally touches another person either with a member of his or her body or with any instrument knowing that the person is thereby likely to cause offense or alarm to such other person; or

(2) intentionally strikes another person with saliva, urine, feces or any other bodily fluid,

knowing that the person is thereby likely to cause offense or alarm to such other person.

(b) When charged with a violation of subsection (a)(2) of this section, the defendant shall be tested for diseases transmittable through bodily fluids, the cost of such tests to be assessed as costs upon conviction. The results of such tests shall be provided only to the Attorney General, the victim of the offense, the defendant and the Department of Correction's medical care provider.

(c) Any violation of subsection (a)(1) of this section shall be an unclassified misdemeanor. Notwithstanding the above, any violation of subsection (a)(1) of this section shall be a Class A misdemeanor when the victim is acting in the lawful performance of his or her duty as one of the following: law-enforcement officer, hospital or nursing home employee, physician, medical professional, ambulance attendant, emergency medical technician, Delaware State Fire Police Officer, correctional officer, volunteer firefighter or full-time firefighter. Any violation of subsection (a)(2) of this section shall be a Class A misdemeanor."

Approved July 09, 2001