CHAPTER 116

FORMERLY

SENATE BILL NO. 104

AS AMENDED BY

SENATE AMENDMENT NOS. 1 & 2

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE WITH RESPECT TO STALKING.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

WHEREAS, Delaware’s stalking statute currently requires a victim to be aware that she or he is being stalked in order for the offense to be prohibited; and

WHEREAS, some of the most dangerous stalking incidents occur without the victim’s immediate knowledge; and

WHEREAS, Delaware’s stalking statute prohibits stalking which threatens a victim’s personal safety, but does not prohibit stalking that threatens the victim’s property or employment; and

WHEREAS, public attention has also been focused recently on the specific problem of children being stalked; and

WHEREAS, Delaware’s stalking statute should be updated to address the problems of unknown stalking and stalking 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 Title 11 of the Delaware Code by deleting subsection (a) of §1312A, and replacing it with the following:

“(a) Any person who intentionally engages in a course of conduct directed at a specific person which would cause a reasonable person to

(i) Fear physical injury to himself or herself, to a friend or associate, or to a member of his or her household or to a third person,

(ii) Fear damage to property owned by himself or herself, to a friend or associate, or to a member of his or her household or to a third person, or

Fear that his or her employment, business or career is threatened, where the conduct consists of appearing, telephoning, or initiating contact at such person’s place of employment or business, and the actor was previously clearly informed to cease that conduct,is guilty of the crime of stalking, provided, however, that no person shall be convicted under this subsection as a result of contacting a victim’s place of employment or business regarding a bona fide business dispute.”

Section 2. Amend Section 1312A of Title 11 of the Delaware Code, by deleting subsection (e), and replacing it with the following:

“(e) Stalking is a Class A Misdemeanor, unless the actor’s conduct induces fear in the victim, in which case it is a Class F felony; or, unless the perpetrator is age 21 or older and the victim is under the age of 14, in which case it is a Class F felony; or, unless the course of conduct includes a threat of death or serious physical injury to the victim, his or her immediate family or to a third person, which case it is a Class D felony; or unless the perpetrator possesses a deadly weapon during any act comprising the course of conduct, and induces fear in the victim, in which case it is a Class C felony.”

Approved July 7, 2003