§ 5312 — Prohibited acts, criminal and civil penalties

Delaware § 5312

• Jurisdiction: Delaware
• Title: 7
• Part: Archaeological and Geological Resources
• Ch. 53: ARCHAEOLOGICAL RESOURCES IN THE STATE
• Subch.: Archaeological Resources in or on State Lands

Text

(a) A person may not excavate, collect, salvage, recover, remove, damage, or otherwise alter or deface any archaeological resource, or its surrounding location or context, located on State lands, including subaqueous lands, unless such activity is pursuant to a permit issued under § 5309 of this title.

(b) A person may not sell, transfer, exchange, transport, purchase, receive or offer to sell, transfer, exchange, transport, purchase or receive any archaeological resource as defined in § 5303 of this title, unless the Division specifically allows for such activity under a permit issued pursuant to § 5309 of this title and/or as may be provided for under a shipwreck management program established pursuant to § 5316 of this title.

(c) A person may not possess, use, or employ on lands owned or controlled by the State, including subaqueous lands, tools or devices designed, modified or commonly used for the excavation, collection, salvage, recovery or removal of archaeological resources or otherwise designed or modified for activities prohibited by this chapter, excluding individuals permitted or authorized to possess such tools and devices in accordance with the requirements of this chapter.

(d) A person may not knowingly make a false statement, representation or certification in any application for permits granted under this chapter.

(e) Whoever violates or counsels, procures, solicits, or employs another to violate:

(1) Any prohibition contained in this chapter;

(2) Any condition or limitation in a permit issued pursuant to this chapter; or

(3) Any rule or regulation promulgated under this chapter

shall, upon conviction, be sentenced to pay a fine of not less than $1000 but not exceeding $10,000, or to imprisonment of up to 30 days, or both. Each day of excavation, alteration, destruction, injury or other violation is considered a separate offense and is punishable as such. Unauthorized tools or devices seized from violators of subsection (c) of this section may be ordered forfeited to the State without compensation. Further, restitution may be ordered to compensate the State for the cost of remedying or remediating any violation of this chapter. The Superior Court has jurisdiction of offenses under this chapter.

(f) Whoever violates or counsels, procures, solicits or employs another person to violate:

(1) Any prohibition contained in this chapter;

(2) Any condition or limitation in a permit issued pursuant to this chapter; or

(3) Any rule or regulation promulgated hereunder

shall be assessed a civil penalty of not less than $1000 but not exceeding $10,000. The Superior Court shall have jurisdiction of a violation in which a civil penalty is sought.

(g) Any expenses or civil penalties collected by the Division under this section may be allocated to the Division, subject to the approval of the Department, to carry out the purposes of this chapter.

Legislative History

39 Del. Laws, c. 11, §§ 1, 5 ; 7 Del. C. 1953, §§ 5301, 5306; 64 Del. Laws, c. 138, §§ 2, 3, 14 ; 69 Del. Laws, c. 430, §§ 1, 3-5 ; 75 Del. Laws, c. 153, § 2