TITLE 11

Crimes and Criminal Procedure

Criminal Procedure Generally

CHAPTER 27. JURISDICTION AND VENUE

Subchapter I. General Provisions


(a) The justices of the peace shall have original jurisdiction to hear, try and finally determine all violations alleged to have been committed. They shall have such jurisdiction over misdemeanors alleged to have been committed only when it is expressly conferred by law. Such jurisdiction, unless otherwise expressly provided by law, shall be throughout the State.

(b) The Court of Common Pleas for the State shall have original jurisdiction to hear, try and finally determine all misdemeanors and violations alleged to have been committed within the State, except where jurisdiction over such offenses is vested exclusively in another court.

The Court of Common Pleas shall have original jurisdiction to hear, try and finally determine all offenses committed within the City of Wilmington against any of the laws, ordinances, regulations or charter of the City.

The jurisdiction conferred by this subsection includes concurrent jurisdiction with the justices of the peace in all cases in which the justices of the peace have jurisdiction.

(c) The Superior Court shall have jurisdiction, original and concurrent, over all crimes, except where jurisdiction is exclusively vested in another court.

(d) The Family Court of the State shall have such criminal jurisdiction, exclusive or concurrent, as is expressly conferred upon it by law.

(e) The jurisdiction conferred by this section to hear, try and finally determine prosecutions of a crime or offense includes the power to issue all process and to conduct such proceedings as may be necessary or appropriate for the complete exercise of such jurisdiction.

11 Del. C. 1953, § 2701; 58 Del. Laws, c. 497, § 2; 59 Del. Laws, c. 133, § 2; 59 Del. Laws, c. 547, § 16; 71 Del. Laws, c. 176, § 17.;

(a) The Justice of the Peace Court shall have original jurisdiction to hear, try and finally determine all misdemeanors created in Chapter 5 of this title, and any attempt, conspiracy or solicitation to commit such misdemeanors unless such jurisdiction is excluded by subsection (b) of this section or is otherwise excluded by law.

(b) The Justice of the Peace Court shall not have jurisdiction over the following misdemeanors created in Chapter 5 of this title:

(1) Section 601(a)(2) of this title (offensive touching with bodily fluid).

(2) Section 614 of this title (assault on a sports official);

(3) Section 625 of this title (unlawfully administering drugs);

(4) Section 627 of this title (prohibited acts as to substances releasing vapors or fumes);

(5) Section 628A of this title (vehicular assault in the second degree);

(6) Section 652 of this title (self-abortion);

(7) Section 653 of this title (issuing abortional articles);

(8) Section 763 of this title (sexual harassment);

(9) Section 764 of this title (indecent exposure 2nd degree);

(10) Section 765 of this title (indecent exposure 1st degree);

(11) Section 766 of this title (incest);

(12) Section 767 of this title (unlawful sexual contact 3rd degree);

(13) Section 785 of this Title (interference with custody);

(14) Section 805 of this title (cross or religious symbol burning);

(15) Section 850 of this title (use, possession, manufacture, distribution and sale of unlawful telecommunication and access devices);

(16) Section 871 of this title (falsifying business records);

(17) Section 873 of this title (tampering with public records);

(18) Section 877 of this title (offering a false instrument for filing);

(19) Section 881 of this title (bribery);

(20) Section 882 of this title (bribe receiving);

(21) Section 892 of this title (fraud in insolvency);

(22) Section 906 of this title (deceptive business practices);

(23) Section 910 of this title (debt adjusting);

(24) Section 916 of this title (home improvement fraud);

(25) Section 917 of this title (new home construction fraud);

(26) Section 918 of this title (ticket scalping)

(27) Section 921 of this title (sale of transferred recorded sounds);

(28) Section 932 of this title (unauthorized access to computer system);

(29) Section 933 of this title (theft of computer services);

(30) Section 934 of this title (interruption of computer services);

(31) Section 935 of this title (misuse of computer system information);

(32) Section 936 of this title (destruction of computer equipment);

(33) Section 937 of this title (unrequested or unauthorized electronic mail);

(34) Section 938 of this title (failure to promptly cease electronic communication upon request);

(35) Section 1101 of this title (abandonment of a child);

(36) Section 1103 of this title (child abuse in the third degree);

(37) Section 1102 of this title (endangering the welfare of a child).

(38) Section 1105 of this title (crime against a vulnerable adult);

(39) Section 1106 of this title (unlawfully dealing with a child);

(40) Section 1113 of this title (criminal nonsupport);

(41) Section 1114 of this title (body-piercing; tattooing or branding);

(42) Section 1205 of this title (giving unlawful gratuities);

(43) Section 1206 of this title (receiving unlawful gratuities);

(44) Section 1207 of this title (improper influence);

(45) Section 1211 of this title (official misconduct);

(46) Section 1212 of this title (profiteering);

(47) Section 1246 of this title (compounding a crime);

(48) Section 1249 of this title (abetting the violation of driver's license restrictions);

(49) Section 1250 of this title (offenses against law-enforcement animals);

(50) Section 1256 of this title (promoting prison contraband);

(51) Section 1260 of this title (misuse of prisoner mail);

(52) Section 1266 of this title (tampering with a juror);

(53) Section 1267 of this title (misconduct by a juror);

(54) Section 1271A of this title (criminal contempt of a domestic violence protective order);

(55) Section 1273 of this title (unlawful grand jury disclosure);

(56) Section 1304 of this title (hate crimes);

(57) Section 1327 of this title (maintaining a dangerous animal);

(58) Section 1332 of this title (abusing a corpse);

(59) Section 1333 of this title (trading in human remains and associated funerary objects);

(60) Section 1335 of this title (violation of privacy);

(61) Section 1365 of this title (obscene literature harmful to minors);

(62) Section 1366 of this title (outdoor motion picture theatres);

(63) Section 1411 of this title (unlawfully disseminating gambling information);

(64) Section 1428 of this title (maintaining an obstruction of gambling location);

(65) Section 1448A of this title (offenses related to criminal history record checks for sale of firearms);

(66) Section 1456 of this title (unlawfully permitting a minor access to a firearm);

(67) Section 1457 of this title (possession of a weapon in a safe school zone).

11 Del. C. 1953, § 2702; 58 Del. Laws, c. 497, § 2; 59 Del. Laws, c. 203, § 33; 59 Del. Laws, c. 547, §§ 17, 18; 63 Del. Laws, c. 327, § 1; 66 Del. Laws, c. 141, § 1; 69 Del. Laws, c. 301, § 1; 71 Del. Laws, c. 240, § 2; 72 Del. Laws, c. 83, § 1; 72 Del. Laws, c. 147, § 1; 72 Del. Laws, c. 391, § 2; 73 Del. Laws, c. 31, §§ 2, 3; 73 Del. Laws, c. 36, § 1; 73 Del. Laws, c. 255, §§ 3, 4; 74 Del. Laws, c. 155, § 1; 74 Del. Laws, c. 322, §§ 2, 3; 77 Del. Laws, c. 416, § 1; 78 Del. Laws, c. 168, § 7; 78 Del. Laws, c. 406, § 4.;