Delaware § 5132 Definitions

Delaware Statutes

§ 5132 — Definitions

Delaware·Title 11·Part Procedure in Particular Courts·Ch. 51 SUPERIOR COURT·Subch. Child Victims and Witnesses

The following words, terms and phrases, when used in this subchapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(1)“Child” shall mean a person who has not yet reached their eighteenth birthday.

(2)“Victim” or “witness” shall not include any child accused of committing a felony; provided, however, that the word “victim” or “witness” may, in the Court’s discretion, include: a. A child where such child’s participation in a felony appears to have been induced, coerced or unwilling; or b. A child who has participated in the felony, but who has subsequently and voluntarily agreed to testify on behalf of the State.

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The following words, terms and phrases, when used in this subchapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(1) “Child” shall mean a person who has not yet reached their eighteenth birthday.

(2) “Victim” or “witness” shall not include any child accused of committing a felony; provided, however, that the word “victim” or “witness” may, in the Court’s discretion, include:

a. A child where such child’s participation in a felony appears to have been induced, coerced or unwilling; or

b. A child who has participated in the felony, but who has subsequently and voluntarily agreed to testify on behalf of the State.

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