Delaware Code Title 11. Crimes and Criminal Procedure § 633. Murder by abuse or neglect in the second degree;  class B felony

(a) A person is guilty of murder by abuse or neglect in the second degree when, with criminal negligence, the person causes the death of a child:

(1) Through an act of abuse and/or neglect of such child;  or

(2) When the person has engaged in a previous pattern of abuse and/or neglect of such child.

(b) For the purpose of this section:

(1) “Abuse” and “neglect” shall have the same meaning as set forth in § 1100 of this title.

(2) “Child” shall refer to any person who has not yet reached that person's fourteenth birthday.

(3) “Previous pattern” of abuse and/or neglect shall mean 2 or more incidents of conduct:

a. That constitute an act of abuse and/or neglect;  and

b. Are not so closely related to each other or connected in point of time and place that they constitute a single event.

(c) A conviction is not required for an act of abuse or neglect to be used in prosecution of a matter under this section, including an act used as proof of a previous pattern as defined in paragraph (b)(3) of this section.  A conviction for any act of abuse or neglect, including one which may be relied upon to establish a previous pattern of abuse and/or neglect does not preclude prosecution under this section.  Prosecution under this section does not preclude prosecution under any other section of the Code.

(d) Murder by abuse or neglect in the second degree is a class B felony.  Notwithstanding any provision of this title to the contrary, the minimum sentence for a person convicted of murder by abuse or neglect in the second degree in violation of this section shall be 10 years at Level V.


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