CHAPTER 208

FORMERLY

SENATE BILL NO. 114

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO ENDANGERING THE WELFARE OF CHILDREN.

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 Section 1102(a)(1), Title 11 of the Delaware Code by striking the phrase "or other person legally charged with the care or custody of a child" from that paragraph and substituting in lieu thereof the phrase ", or any other person who has assumed responsibility for the care or supervision of a child".

Section 2. Amend Section 1102(b), Title 11 of the Delaware Code by redesignating paragraph "(3)" as it currently exists in that subsection as paragraph "(4)" of that subsection and adding a new paragraph "(3)" to read as follows:

"(3) When a child becomes the victim of a sexual offense as defined in §761(d) of this title while the child's welfare was endangered as defined in subsection (a) of this section, endangering the welfare of a child is a class G felony;"

Section 3. Amend Section 1102(c) Title 11 of the Delaware Code by striking said subsection in its entirety and inserting the following in lieu thereof:

"(c) For the purpose of imposing the penalties prescribed in paragraph (b)(1), (b)(2) or (b)(3) of this section, it is not necessary to prove the person's state of mind or liability for causation with regard to the resulting death of or physical injury to the child or sexual offense against the child, notwithstanding the provisions of §251, §252, §261, §262, §263 or §264 of this Title, or any other statues to the contrary."

Approved July 30, 2001