§ 1306 — Cross or religious symbol burning; class A misdemeanor

Delaware § 1306

• Jurisdiction: Delaware
• Title: 11
• Part: Delaware Criminal Code
• Ch. 5: SPECIFIC OFFENSES
• Subch.: Offenses Against Public Health, Order and Decency

Text

(a) A person is guilty of cross or religious symbol burning when the person attempts or does burn, or causes to be burned, any cross or other religious symbol, on any private or public property with the intent to intimidate an individual or a group of individuals.

(b) A person is guilty of cross or religious symbol burning when the person burns, or causes to be burned, any cross or other religious symbol, on any private or public property without all of the following:

(1) The express written consent of the owner of the property.

(2) A minimum of 48 hours advanced notification of the proposed burning to the fire board or call board of the county in which the burning is to take place.

(c) A violation of this section is a class A misdemeanor.

(d) The Superior Court has exclusive jurisdiction over a violation of this section.

Legislative History

69 Del. Laws, c. 106, § 1 ; 70 Del. Laws, c. 186, § 1 ; 83 Del. Laws, c. 477, § 2