Delaware § 636 Murder in the first degree; class A felony

Delaware Statutes

§ 636 — Murder in the first degree; class A felony

Delaware § 636

JurisdictionDelaware

Title11

PartDelaware Criminal Code

Ch. 5SPECIFIC OFFENSES

Subch.Offenses Against the Person

This text of Delaware § 636 (Murder in the first degree; class A felony) 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, § 636 (2026).

Text

(a)A person is guilty of murder in the first degree when:

(1)The person intentionally causes the death of another person;

(2)While engaged in the commission of, or attempt to commit, or flight after committing or attempting to commit any felony, the person recklessly causes the death of another person.

(3)The person intentionally causes another person to commit suicide by force or duress;

(4)The person recklessly causes the death of a law-enforcement officer, corrections employee, fire fighter, paramedic, emergency medical technician, fire marshal or fire police officer while such officer is in the lawful performance of duties;

(5)The person causes the death of another person by the use of or detonation of any bomb or similar destructive device;

(6)The person causes the death

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(a) A person is guilty of murder in the first degree when:

(1) The person intentionally causes the death of another person;

(2) While engaged in the commission of, or attempt to commit, or flight after committing or attempting to commit any felony, the person recklessly causes the death of another person.

(3) The person intentionally causes another person to commit suicide by force or duress;

(4) The person recklessly causes the death of a law-enforcement officer, corrections employee, fire fighter, paramedic, emergency medical technician, fire marshal or fire police officer while such officer is in the lawful performance of duties;

(5) The person causes the death of another person by the use of or detonation of any bomb or similar destructive device;

(6) The person causes the death of another person in order to avoid or prevent the lawful arrest of any person, or in the course of and in furtherance of the commission or attempted commission of escape in the second degree or escape after conviction.

(b) Murder in the first degree is a class A felony and shall be punished:

(1) As provided in § 4209 of this title for an offense that was committed after the person had reached the person’s eighteenth birthday; and

(2) As provided in § 4209A of this title for an offense that was committed before the person had reached the person’s eighteenth birthday.

Legislative History

11 Del. C. 1953, § 636; 58 Del. Laws, c. 497, § 1 ; 59 Del. Laws, c. 284, § 1 ; 63 Del. Laws, c. 354, § 1 ; 66 Del. Laws, c. 269, § 1 ; 67 Del. Laws, c. 130, § 8 ; 70 Del. Laws, c. 186, § 1 ; 71 Del. Laws, c. 285, § 2 ; 74 Del. Laws, c. 246, §§ 2, 3 ; 77 Del. Laws, c. 191, § 1 ; 79 Del. Laws, c. 37, § 1