Delaware § 601 Offensive touching; unclassified misdemeanor; class A misdemeanor

Delaware Statutes

§ 601 — Offensive touching; unclassified misdemeanor; class A misdemeanor

Delaware § 601

JurisdictionDelaware

Title11

PartDelaware Criminal Code

Ch. 5SPECIFIC OFFENSES

Subch.Offenses Against the Person

This text of Delaware § 601 (Offensive touching; unclassified misdemeanor; class A misdemeanor) is published on Counsel Stack Legal Research, covering Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Del. Code tit. 11, § 601 (2026).

Text

(a)A person is guilty of offensive touching when the person:

(1)Intentionally touches another person either with a member of his or her body or with any instrument, knowing that the person is thereby likely to cause offense or alarm to such other person; or

(2)Intentionally strikes another person with saliva, urine, feces or any other bodily fluid, knowing that the person is thereby likely to cause offense or alarm to such other person.

(b)When charged with a violation of paragraph (a)(2) of this section, the defendant shall be tested for diseases transmittable through bodily fluids, the cost of such tests to be assessed as costs upon conviction. The results of such tests shall be provided only to the Attorney General, the victim of the offense, the defendant and the Department of C

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(a) A person is guilty of offensive touching when the person:

(1) Intentionally touches another person either with a member of his or her body or with any instrument, knowing that the person is thereby likely to cause offense or alarm to such other person; or

(2) Intentionally strikes another person with saliva, urine, feces or any other bodily fluid, knowing that the person is thereby likely to cause offense or alarm to such other person.

(b) When charged with a violation of paragraph (a)(2) of this section, the defendant shall be tested for diseases transmittable through bodily fluids, the cost of such tests to be assessed as costs upon conviction. The results of such tests shall be provided only to the Attorney General, the victim of the offense, the defendant and the Department of Correction’s medical care provider.

(c) Any violation of paragraph (a)(1) of this section shall be an unclassified misdemeanor. Notwithstanding the above, any violation of paragraph (a)(1) of this section shall be a class A misdemeanor when the victim is acting in the lawful performance of the victim’s duty as 1 of the following: law-enforcement officer, hospital or nursing home employee, physician, medical professional, ambulance attendant, emergency medical technician, advanced emergency medical technician, paramedic, Delaware State Fire Police Officer, correctional officer, volunteer firefighter or full-time firefighter. Any violation of paragraph (a)(2) of this section shall be a class A misdemeanor.

Legislative History

11 Del. C. 1953, § 601; 58 Del. Laws, c. 497, § 1 ; 67 Del. Laws, c. 130, § 8 ; 70 Del. Laws, c. 186, § 1 ; 71 Del. Laws, c. 382, § 1 ; 73 Del. Laws, c. 108, §§ 1, 2 ; 79 Del. Laws, c. 64, § 1