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Delaware Code Title 16. Health and Safety § 4751A. Aggravating factors related to drug offenses

Current as of January 01, 2022 | Updated by FindLaw Staff

For the purposes of this subchapter:

(1) Each of the following is an “aggravating factor” within the meaning of the offenses in this subchapter:

a. The offense was committed within a protected school zone, as defined in § 4701 of this title.

b.-d. Repealed by 82 Laws 2019, ch. 217, § 2.

e. The defendant, during or immediately following the commission of any offense in this did 1 of the following:

1. Intentionally prevented or attempted to prevent a law-enforcement officer, as defined in § 222 of Title 11, from effecting an arrest or detention of the defendant by use of force or violence towards the law-enforcement officer.

2. Intentionally fled in a vehicle from a law-enforcement officer, as defined in § 222 of Title 11, while the law-enforcement officer was effecting an arrest or detention of the defendant, thereby creating a substantial risk of physical injury to other persons.

(2) When a defendant is alleged to have committed an offense under this subchapter with an aggravating factor under paragraph (1)e.1. of this section, the defendant may be charged with resisting arrest under § 1257 of Title 11 or the offense to which the aggravating factor applies, but not both.

(3) For an aggravating factor under paragraph (1)a. of this section to be charged, a defendant must commit the conduct of an offense under this subchapter in a protected school zone. The aggravating factor under paragraph (1)a. of this section may not be charged if a defendant commits the conduct of an offense under this subchapter outside a protected school zone but is arrested in a protected school zone.

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Cite this article: FindLaw.com - Delaware Code Title 16. Health and Safety § 4751A. Aggravating factors related to drug offenses - last updated January 01, 2022 | https://codes.findlaw.com/de/title-16-health-and-safety/de-code-sect-16-4751a/

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