CHAPTER 31

FORMERLY

HOUSE BILL NO. 34

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THREATS AGAINST PUBLIC OFFICIALS OR PUBLIC SERVANTS.

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

Section 1. Amend § 1240, Title 11 of the Delaware Code by deleting that Section in its entirety and substituting in lieu thereof the following:

Ҥ 1240. Terroristic threatening of public officials or public servants; Class G felony.

(a) A person is guilty of terroristic threatening of a public official or public servant when the person threatens to commit any crime likely to result in death or in serious injury to a public official or public servant during or because of the public official’s or public servant’s exercise of his or her official functions.

(b) ‘Public official or public servant’ includes any elected official, appointed official, officer or employee of the State or any political subdivision thereof, any judge or other judicial officer, any person participating as a juror, or any person acting as an advisor, contractor or consultant in performing a governmental function. ‘Public official or public servant’ shall include persons who are candidates for office or who have been elected to office but who have not yet assumed office. For the purposes of this Section ‘public official or public servant’ also includes any person who formerly held a position as a public official or public servant.

(c) Terroristic threatening of a public official or public servant is a class G felony.”.

Approved May 15, 2003