§ 3123 — Penalties

(a) A person is guilty of a misdemeanor when:

(1) The person is not licensed as a funeral director under this chapter and, while not licensed, that person does at least 1 of the following:

a. Engages in the practice of funeral services.

b. Uses that person’s name or otherwise assumes or uses any title or description conveying or tending to convey the impression that the person is qualified to practice funeral services.

(2) The person is not registered as an intern under this chapter and, while not registered, that person does at least 1 of the following:

a. Acts as an intern registered under this title.

b. Uses that person’s name or otherwise assumes or uses any title or description conveying or tending to convey the impression that the person is qualified to act as an intern registered under this title.

(b) Upon the first conviction of an offense under this section, the person shall be fined not less than $500 nor more than $1,000 for each offense and shall pay all costs.

(c) Upon the second or subsequent conviction for an offense under this section, the person shall be fined not less than $1,000 nor more than $2,000 for each offense and shall pay all costs.

(d) Superior Court shall have jurisdiction over all violations of this chapter.

(e) Where it is alleged that such violation of this section has resulted in injury to any person, the offender shall be charged and tried under the applicable provisions of Title 11.

Legislative History

66 Del. Laws, c. 225, § 1 ; 70 Del. Laws, c. 186, § 1 ; 71 Del. Laws, c. 460, § 1 ; 80 Del. Laws, c. 194, § 3