§ 786 — Kidnapping and related offenses; definitions

(a) “Harm” to a kidnap victim, in addition to its ordinary meaning, includes rape, unlawful sexual intercourse, unlawful sexual penetration or unlawful sexual contact, even if such rape, unlawful sexual intercourse, unlawful sexual penetration or unlawful sexual contact is not accompanied by physical violence.

(b) “Relative” means a parent, ancestor, brother, sister, uncle or aunt.

(c) “Restrain” means to restrict another person’s movements intentionally in such a manner as to interfere substantially with the person’s liberty by moving the person from 1 place to another, or by confining the person either in the place where the restriction commences or in a place to which the person has been moved, without consent. A person is moved or confined “without consent” when the movement or confinement is accomplished by physical force, intimidation or deception, or by any means, including acquiescence of the victim, if the victim is a child less than 16 years old or an incompetent person and the parent, guardian or other person or institution having lawful control or custody of the person has not acquiesced in the movement or confinement.

Legislative History

11 Del. C. 1953, § 786; 58 Del. Laws, c. 497, § 1 ; 66 Del. Laws, c. 269, § 2 ; 70 Del. Laws, c. 186, § 1