CHAPTER 126

FORMERLY

SENATE BILL NO. 137

AS AMENDED BY SENATE AMENDMENT NOS. 1 AND 2

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO CRIMINAL STATUTES IN WHICH THE VICTIM IS AN ELDERLY PERSON OR THE AGE OR STATUS OF THE VICTIM IS AN ELEMENT OF AN OFFENSE OR A SENTENCING ENHANCER.

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 §222, Title 11 of the Delaware Code by redesignating paragraphs “(9)” through and including “(26)” thereof as paragraphs “(10)” through and including “(27)” thereof and by inserting a new paragraph “(9)” thereto to read as follows:

“(9) ‘Elderly person’ means any person who is 62 years of age or older. Thus, the terms ‘elderly person’ and ‘person who is 62 years of age or older’ shall have the same meaning as used in this Code or in any action brought pursuant to this Code.”

Section 2. Amend Chapter 4, Title 11 of the Delaware Code by adding a new section §454 to read as follows:

“§ 454. Knowledge of Victim’s Age.

Notwithstanding any provision of law to the contrary, it is no defense for an offense or sentencing provision defined in this Title, or in Titles 16 or 31 of the Delaware Code, which has as an element of such offense or sentencing provision the age of the victim, that the accused did not know the age of the victim or reasonably believed the person to be of an age which would not meet the element of such offense or sentencing provision unless the statute defining such offense or sentencing provision or a statute directly related thereto expressly provides that knowledge of the victim’s age is an element of the offense or that lack of such knowledge is a defense.”

Section 3. Amend §612(a)(5), Title 11 of the Delaware Code by deleting the phrase “65 years of age or older” as it appears in that paragraph and by substituting in lieu thereof the phrase “62 years of age or older”.

Section 4. Amend §613(a)(7), Title 11 of the Delaware Code by deleting the phrase “65 years of age or older” as it appears in that paragraph and by substituting in lieu thereof the phrase “62 years of age or older”.

Section 5. Amend §621(b), Title 11 of the Delaware Code by deleting the phrase “class A misdemeanor.” at the end of the first sentence of that subsection and inserting in lieu thereof the phrase “class A misdemeanor, except where the victim is a person 62 years of age or older in which case any violation of subsection (a)(1) of this section shall be a class G felony.”.

Section 6. Further Amend §621(b), Title 11 of the Delaware Code by inserting the phrase “or any long term care facility in which elderly persons are housed,” between the phrase “vocational-technical school,” and the phrase “in which case” as those phrases appear in the second sentence of that subsection.

Section 7. Amend §825, Title 11 of the Delaware Code by deleting the phrase “class D felony.” as it appears therein and by inserting in lieu thereof the phrase “class D felony, except where the person who suffers physical injury is a person 62 years of age or older in which case any violation of this section shall be a class C felony.”.

Section 8. Amend §826, Title 11 of the Delaware Code by deleting the phrase “class C felony.” as it appears therein and by inserting in lieu thereof the phrase “class C felony, except where the person who suffers physical injury is a person 62 years of age or older in which case any violation of this section shall be a class B felony.”.

Section 9. Amend §832(a)(4), Title 11 of the Delaware Code by deleting the phrase “65 years of age or older” as it appears in that paragraph and substituting in lieu thereof the phrase “62 years of age or older”.

Section 10. Amend §841(c)(1), Title 11 of the Delaware Code by deleting the phrase “60 years of age or older” as it appears in that paragraph and by substituting in lieu thereof the phrase “62 years of age or older, or an ‘infirm adult’ as defined in §3902(1) of Title 31 of this Code, or a ‘disabled person’ as defined in §3901(a)(2) of Title 12 of this Code,”.

Section 11. Amend Section 841(c)(2), Title 11 of the Delaware Code by deleting the phrase “60 years of age or older” as it appears in that paragraph and by substituting in lieu thereof the phrase “62 years of age or older or an ‘infirm adult’ as defined in §3902(1) of Title 31 of this Code, or a ‘disabled person’ as defined in §3901(a)(2) of Title 12 of this Code,”.

Section 12. Amend §846, Title 11 of the Delaware Code by deleting the phrase “class E felony.” at the end of the last sentence of that section and by inserting in lieu thereof the phrase “class E felony, except where the victim is a person 62 years of age or older in which case any violation of this section shall be a class D felony.”.

Section 13. Amend §903(c), Title 11 of the Delaware Code by deleting that subsection in its entirety and inserting lieu thereof a new subsection “(c)” to read as follows:

“(c)(1) Except where the victim of any violation of this section is a person 62 years of age or older, unlawful use of a credit card is a class A misdemeanor unless the value of the property or services secured or sought to be secured by means of the credit card exceeds $1,000, in which case it is a class G felony .

(2) Where the victim of any violation of this section is a person 62 years of age or older, unlawful use of a credit card is a class G felony unless the value of the property or services secured or sought to be secured by means of the credit card exceeds $1,000, in which case it is a class F felony .”

Section 14. Amend Section 916(c)(4), Title 11 of the Delaware Code by deleting the phrase “65 years of age or older” as it appears in that paragraph and substituting in lieu thereof the phrase “62 years of age or older”.

Section 15. Amend Section 916(d)(2), Title 11 of the Delaware Code by deleting the phrase “age 65 or older” as it appears in that paragraph and substituting in lieu thereof the phrase “62 years of age or older”.

Section 16. Amend Section 612(b) and 613(b) of Title 11 of the Delaware Code by striking the phase "under the age of 65." as it appears variously in said sub-sections, and by substituting in lieu thereof the phrase "under the age of 62.".

Approved July 12, 2001