CHAPTER 237

FORMERLY

SENATE BILL NO. 177

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATED TO WITNESS INTIMIDATION.

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

Section 1. Amend §3532, Title 11 of the Delaware Code by making deletions as shown by strikethrough and insertions as shown by underlining as follows:

§ 3532 Act of intimidation; class E felony class D felony.

Except as provided in § 3533 of this title, every person who knowingly and with malice prevents or dissuades (or who attempts to prevent or dissuade) any witness or victim from attending or giving testimony at any trial, proceeding or inquiry authorized by law is committing an act of intimidation and is guilty of a class E felony class D felony. A person who knowingly and with malice retaliates against any victim or witness who has attended or given testimony at any trial proceeding or inquiry authorized by law by committing any crime as defined by the laws of this State against such victim or witness is committing an act of intimidation and is guilty of a class E felony class D felony. A person who knowingly and with malice attempts to prevent another person who has been the victim of a crime, or a witness to a crime (or any person acting on behalf of a victim or witness) from:

(1) Making any report of such crime or victimization to any peace officer, law-enforcement officer, prosecuting agency, probation officer, parole officer, correctional officer or judicial officer;

(2) Causing a complaint, indictment, information, probation or parole violation to be sought or prosecuted, or from assisting in the prosecution thereof; or

(3) Arresting, causing or seeking the arrest of any person in connection with such crime or victimization;

Is guilty of a class E felony class D felony.

Section 2. Amend §3533, Title 11 of the Delaware Code by making deletions as shown by strikethrough and insertions as shown by underlining as follows:

§ 3533 Aggravated act of intimidation; class D felony class B felony.

Every person doing any of the acts set forth in § 3532, of this title, knowingly and with malice under 1 or more of the following circumstances, shall be guilty of a class D felony class B felony if, in addition, such act:

(1) Is accompanied by an express or implied threat of force or violence, upon a victim, a witness or any third person (or upon the property of a victim, witness or third person);

(2) Is in furtherance of a conspiracy;

(3) Is committed by any person who has been convicted of any violation of this subchapter, any predecessor law hereto, the statute of any other state or any federal statute which would be a violation of this subchapter if committed in this State; or

(4) Committed, for pecuniary gain or for any other consideration, by any person acting upon the request of another person.

Approved May 28, 2014