§ 871 — Falsifying business records; class A misdemeanor

(a) For purposes of this section, “medical record” means a record that pertains to a person’s medical history, evaluations, tests, diagnoses, prognoses, laboratory reports, medical imaging, treatments, prescriptions, or any other information used in assessing a person’s physical, mental, or emotional condition.

(b) A person is guilty of falsifying business records when, with intent to defraud, the person:

(1) Makes or causes a false entry in the business records of an enterprise; or

(2) Alters, erases, obliterates, deletes, removes or destroys a true entry in the business records of an enterprise; or

(3) Omits to make a true entry in the business records of an enterprise in violation of a duty to do so which the person knows to be imposed by law or by the nature of the person's position; or

(4) Prevents the making of a true entry or causes the omission thereof in the business records of an enterprise; or

(5) Alters or modifies, or causes the alteration or modification of the medical record of any person; or

(6) Creates or causes to be created any false medical record.

(c) Falsifying business records is a class A misdemeanor.

Legislative History

11 Del. C. 1953, § 871; 58 Del. Laws, c. 497, § 1 ; 67 Del. Laws, c. 130, § 8 ; 70 Del. Laws, c. 186, § 1 ; 81 Del. Laws, c. 275, § 1