§ 1105 — Crime against a vulnerable adult

Delaware § 1105

• Jurisdiction: Delaware
• Title: 11
• Part: Delaware Criminal Code
• Ch. 5: SPECIFIC OFFENSES
• Subch.: Offenses Relating to Children and Vulnerable Adults

Text

(a) Any person who commits, or attempts to commit, any of the crimes or offenses set forth in subsection (f) of this section against a person who is a vulnerable adult is guilty of a crime against a vulnerable adult.

(b) A crime against a vulnerable adult shall be punished as follows:

(1) If the underlying offense is an unclassified misdemeanor, or a class B misdemeanor, the crime against a vulnerable adult shall be a class A misdemeanor;

(2) If the underlying offense is a class A misdemeanor, the crime against a vulnerable adult shall be a class G felony;

(3) If the underlying offense is a class D, E, F, or G felony, the crime against a vulnerable adult shall be 1 class higher than the underlying offense.

(c) “Vulnerable adult” means a person 18 years of age or older who, by reason of isolation, sickness, debilitation, mental illness or physical, mental or cognitive disability, is easily susceptible to abuse, neglect, mistreatment, intimidation, manipulation, coercion or exploitation. Without limitation, the term “vulnerable adult” includes any adult for whom a guardian or the person or property has been appointed.

(d) Notwithstanding any provision of law to the contrary, it is no defense to an offense or sentencing provision set forth in this section that the accused did not know that the victim was a vulnerable adult or that the accused reasonably believed the person was not a vulnerable adult unless the statute defining the underlying offense, or a related statute, expressly provides that knowledge that the victim is a vulnerable adult is a defense.

(e) No person shall be sentenced for both an underlying offense and a crime against a vulnerable adult. No person shall be sentenced for a violation of subsection (a) of this section if the underlying offense, as charged against the accused, has an element that the victim was 62 years of age or older or was an “adult who is impaired” as defined in § 3902 of Title 31.

(f) The following shall be underlying offenses for the purposes of this section:

Legislative History

Title 11: § 601 Offensive touching § 602(a) Menacing § 602(b) Aggravated Menacing § 603 Reckless endangering in the second degree § 604 Reckless endangering in the first degree § 605 Abuse of a pregnant female in the second degree § 606 Abuse of a pregnant female in the first degree § 611 Assault in the third degree § 612 Assault in the second degree § 621 Terroristic threatening § 622 Hoax device § 625 Unlawfully administering drugs § 626 Unlawfully administering controlled substance or counterfeit substance or narcotic drugs § 645 Promoting suicide § 763 Sexual harassment § 764 Indecent exposure in the second degree § 766 Incest § 767 Unlawful sexual contact in the third degree § 769 Unlawful sexual contact in the first degree § 770 Rape in the fourth degree § 774 Sexual extortion § 780 Female genital mutilation § 781 Unlawful imprisonment in the second degree § 782 Unlawful imprisonment in the first degree § 783 Kidnapping in the second degree § 791 Acts constituting coercion § 811 Criminal mischief § 825 Burglary in the second degree § 831 Robbery in the second degree [Former] § 835 Carjacking in the second degree § 841 Theft, except paragraph (c)(3)b. § 841A Theft of a motor vehicle § 842 Theft; lost or mislaid property § 843 Theft; false pretense § 844 Theft; false promise § 846 Extortion § 848 Misapplication of property § 853 Unauthorized use of a vehicle § 854 Identity theft § 861 Forgery § 903 Unlawful use of payment card § 909 Securing execution of documents by deception § 914 Use of consumer identification information § 916 Home improvement fraud § 917 New home construction fraud, except paragraph (d)(3) § 1001 Bigamy § 1311 Harassment § 1312 Stalking, except paragraphs (d)(1) and (d)(2) § 1335 Violation of privacy § 1339 Adulteration § 1451 Theft of a firearm Title 6: § 73-604 Securities fraud. 11 Del. C. 1953, § 1105; 58 Del. Laws, c. 497, § 1 ; 67 Del. Laws, c. 130, § 8 ; 70 Del. Laws, c. 186, § 1 ; 77 Del. Laws, c. 416, § 1 ; 78 Del. Laws, c. 175, § 106 ; 78 Del. Laws, c. 224, § 15 ; 79 Del. Laws, c. 260, § 10 ; 82 Del. Laws, c. 216, § 1