Delaware § 1449 Wearing body armor during commission of felony; class B felony

Delaware Statutes

§ 1449 — Wearing body armor during commission of felony; class B felony

Delaware·Title 11·Part Delaware Criminal Code·Ch. 5 SPECIFIC OFFENSES·Subch. Offenses Against Public Health, Order and Decency

(a)A person who wears body armor during the commission of a felony is guilty of wearing body armor during the commission of a felony.

(b)Notwithstanding § 4205 of this title, the minimum sentence for violation of this section shall be not less than 3 years which minimum sentence shall not be subject to suspension and no person convicted for a violation of this section shall be eligible for parole or probation during such 3 years.

(c)Any sentence imposed upon conviction for wearing body armor during the commission of a felony shall not run concurrently with any other sentence. In any instance where a person is convicted of a felony, together with the conviction for wearing body armor during the commission of a felony, such person shall serve the sentence for the felony itself before be

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(a) A person who wears body armor during the commission of a felony is guilty of wearing body armor during the commission of a felony.

(b) Notwithstanding § 4205 of this title, the minimum sentence for violation of this section shall be not less than 3 years which minimum sentence shall not be subject to suspension and no person convicted for a violation of this section shall be eligible for parole or probation during such 3 years.

(c) Any sentence imposed upon conviction for wearing body armor during the commission of a felony shall not run concurrently with any other sentence. In any instance where a person is convicted of a felony, together with the conviction for wearing body armor during the commission of a felony, such person shall serve the sentence for the felony itself before beginning the sentence imposed for wearing body armor during the commission of such felony.

(d) Every person charged under this section over the age of 16 years may be tried as an adult pursuant to §§ 1010 and 1011 of Title 10, notwithstanding any contrary provision of statutes governing the Family Court or any other state law.

(e) As used in this section, the term “body armor” means any material designed to provide bullet penetration resistance.

(f) A person may be found guilty of violating this section notwithstanding that the felony for which the person is convicted and during which the person wore body armor is a lesser included felony of the one originally charged.

(g) Wearing body armor during the commission of a felony is a class B felony.

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