Skip to main content
Find a Lawyer

Delaware Code Title 11. Crimes and Criminal Procedure § 9401. Definitions

Current as of January 01, 2026 | Updated by Findlaw Staff

For purposes of this chapter:

(1) “Crime” means any of the following:

a. An offense against the person under subchapter II of Chapter 5 of this title.

b. Any of the following offenses involving property:

1. A felony under Subpart A through Subpart E of Chapter 5 of this title.

2. An offense under § 811, § 820, § 823, § 840, § 841, § 848, § 851, § 861, § 900, or § 903 of this title.

c. Under Subpart A of subchapter V of Chapter 5 of this title, an offense relating to children or a vulnerable adult.

d. An offense relating to judicial or similar proceedings under § 1261, § 1263, § 1263A, § 1264, § 1271, or § 1271A of this title.

e. An offense against public health, order or decency under § 1311 through § 1313, or § 1339 of this title.

f. Noncompliance with conditions of release bond under § 2113 of this title.

g. Intimidation of a victim or witness under § 3532 or § 3533 of this title.

h. Operation of a vehicle causing death.

i. Any offense when any of the following apply:

1. The act was committed against an individual who is in a protected class as defined in § 1041(2) of Title 10.

2. The conduct constitutes abuse under § 1041(1) of Title 10.

3. The conduct is grounds for a sexual violence protective order under Chapter 72 of Title 10.

(2) a. “Individual with a cognitive disability” means an individual with a cognitive disability as “cognitive disability” is defined in § 761 of this title.

b. “Individual with a cognitive disability” does not include an individual with a cognitive disability accused of committing a felony, however, at the court's discretion, “individual with a cognitive disability” may include any of the following:

1. An individual with a cognitive disability when the individual's participation in a felony appears to have been induced, coerced, or unwilling.

2. An individual with a cognitive disability who participated in the felony, but who has subsequently and voluntarily agreed to testify on behalf of this State.

(3) “Law-enforcement agency” means any of the following:

a. A police department.

b. The Department of Justice.

c. The Department of Correction, including Probation and Parole.

(4) “Member of the victim's family” means a spouse, child, stepchild, parent, stepparent, or sibling.  “Member of the victim's family” does not include an individual who is accountable for the crime or a crime arising from the same conduct, criminal episode, or plan.

(5) “Person” means an individual, estate, business or nonprofit entity, government or governmental subdivision, agency, or instrumentality, or any other legal entity.

(6) a. “Representative of a victim” means any of the following:

1. An individual designated by the victim or by a court.

2. A. If the victim is deceased, a member of the victim's family, except if paragraph (6)a.2.B. of this section applies.

B. If the deceased victim is a child and a sibling of the victim is in the custody of the Department of Services for Children, Youth and their Families (DSCYF) under Chapter 25 of Title 13, DSCYF or the sibling's attorney appointed under § 9007A of Title 29.

3. The parent, guardian, or custodian of a victim who is unable to meaningfully understand or participate in the proceedings because the victim is a child or an individual with a physical, psychological, or mental impairment.

4. If the victim is a child in the custody of the DSCYF under Chapter 25 of Title 13, DSCYF or the child's attorney appointed under § 9007A of Title 29.

b. “Representative of a victim” does not include an individual who is accountable for the crime or a crime arising from the same conduct, criminal episode, or plan.

(7) “Sex offense” means all offenses under Chapter 5, subchapter II, Subpart D of this title.

(8) “Supervisor” means an employee or official of an agency who has legal authority to issue directives to subordinate employees or officials.

(9) “Victim” means the victim of a crime and includes all of the following:

a. The person identified as the victim of a crime in a police report, a criminal complaint or warrant, an indictment or information or other charging instrument;  or

b. The representative of a victim.

(10) “Victim advocate” means an individual who is an employee or in a formal volunteer role with a victim services agency to provide victim services to victims and includes victim services professionals.

(11) “Victim services” means any of the following, including by referral to another entity:

a. Crisis intervention services, including a crisis hotline.

b. Emergency assistance, which includes food, shelter, housing assistance, clothing, financial assistance, and legal assistance.

c. Orientation to and information about the criminal justice system, including court proceedings.

d. Information about legal rights, protections, and the criminal justice process.

e. Trauma-informed counseling.

f. Advocacy regarding legal protection provided to victims of crime, including legal assistance.

g. Assistance with understanding and completing civil court documents.

h. Assistance with an application to the Victims' Compensation Assistance Program.

i. Assistance with safety planning.

j. Support during any meeting, process, or proceeding necessary as a result of the crime.

(12) “Victim services agency” means a public or private organization that provides victim services.

(13) “Victim services professional” means an individual who is employed by a law-enforcement agency to provide victim services.

(14) a. “Witness” means an individual for whom any of the following apply:

1. Has knowledge of the existence or nonexistence of any fact related to any crime.

2. Has reported any crime to a law-enforcement officer or probation officer.

3. Has been designated for service with a subpoena.

4. Would be believed by any reasonable person to be an individual under paragraphs (14)a.1. through (14)a.3. of this section.

b. “Witness” does not include a law-enforcement officer or probation officer in the performance of their official duties.

(15) The following terms mean as defined in § 4701A of Title 29:

a. “Biological sample”.

b. “Deoxyribonucleic acid” or “DNA”.

c. “DNA profile”.

d. “Sexual assault kit” or “SAK”.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - Delaware Code Title 11. Crimes and Criminal Procedure § 9401. Definitions - last updated January 01, 2026 | https://codes.findlaw.com/de/title-11-crimes-and-criminal-procedure/de-code-sect-11-9401/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard