Delaware Code Title 28. Sports and Amusements § 102. Definitions

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The following words, terms, and phrases shall, when used in this chapter, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning.

(1) “Amateur boxing” shall mean any boxing event, as herein defined, which is sanctioned by an amateur boxing association recognized by the Director, such as, but not limited to, the International Amateur Boxing Association, Golden Gloves USA Boxing, Inc. or Mid-Atlantic Association, and for which boxers who engage in a match or contest where no purse of cash or any other article of value is awarded for that boxer’s participation or victory, and who has never received any purse of cash or other article of value for that boxer’s participation or victory in a match or contest, which is greater than the maximum amount permitted by the Division, as defined in rule and regulations of the Division.

(2) “Bout” shall mean 1 combative sports match, as defined herein.

(3) “Boxing” shall mean the act, activity, or sport of attack and defense in which a participant delivers blows with that participant’s fists, especially according to rules requiring the use of boxing gloves and limiting legal blows to those striking above the waist and on the front or sides of the opponent.

(4) “Boxing match” shall mean a single boxing bout wherein participants use their best efforts to prevail through knockout, technical knockout, judges’ decision or any other manner of determining victory which are consistent with the rules governing boxing and authorized by the rules and regulations of the Division.

(5) “Combative fighting” shall include, but not be limited to such terms as “toughman fighting”, “toughwoman fighting”, “badman fighting”, “extreme fighting”, and all such similar terms or names, and shall mean any unsanctioned combative sports or wrestling match, contest or exhibition between 2 or more participants and where members of the public are selected from the audience to participate with or without protective headgear, who use their hands, with or without gloves, or their feet, or both, and who compete for a financial prize or any item of pecuniary value, and which match, contest, tournament, championship or exhibition is not recognized or sanctioned by any international, national or regional professional sanctioning organization recognized by the Director.

(6) “Combative sports” shall include all professional boxing and mixed martial arts and all amateur boxing and mixed martial arts.

(7) “Combative sports entertainment”, included but not limited to “celebrity boxing”, “entertainment boxing” and all such similar terms or names shall mean a display of skill for the purpose of entertaining an audience, consisting of choreographed or simulated combat in which techniques commonly used in combative sports are employed by participants. The participants do not exert their best effort and the winner is determined prior to the match.

(8) “Contest” shall mean a bout or group of bouts involving contestants competing in a professional or amateur combative sports or permitted combative sports entertainment event.

(9) “Contestant” shall mean a person who competes in any licensed combative sports event or permitted combative sports entertainment event.

(10) “Council” shall mean the Combative Sports Advisory Council.

(11) “Director” shall mean the Director of the Division of Professional Regulation of the Department of State.

(12) “Division” shall mean the Division of Professional Regulation of the Department of State.

(13) “Event” shall mean an organized series of contests and/or individual matches presented as a single occasion.

(14) “Mixed martial arts” shall mean combative discipline in which a combination of controls, takedowns, submissions and striking techniques are employed by trained practitioners.

(15) “Professional” shall mean a person who engages in a match or contest where a purse of cash or other article of value is awarded for that person’s participation or victory which is greater than the maximum amount permitted by the Division to be awarded to an amateur, as defined in the Division’s rule and regulations.

(16) “Professional boxing” shall mean a boxing match as herein defined, which is sanctioned by a professional boxing association recognized by the Director, such as, but not limited to, the World Boxing Association or the World Boxing Conference of the North American Boxing Association, and for which the boxers are compensated financially.

(17) “Promoter” shall mean any person, regardless of job title, who arranges, advertises, produces, stages or conducts a combative sports or combative sports entertainment event.

(18) “Secretary” means the Secretary of State or designee.

(a) Every person other than a public officer or employee acting within the course and scope of his or her employment in performance of a duty imposed by law, who enters or remains in any noncommercial dwelling house, apartment, or other residential place without consent of the owner, his or her agent, or the person in lawful possession thereof, is guilty of a misdemeanor.

(b) Every person other than a public officer or an employee acting within the course and scope of his employment in performance of a duty imposed by law, who, without the consent of the owner, his or her agent, or the person in lawful possession thereof, enters or remains in any noncommercial dwelling house, apartment, or other residential place while a resident, or another person authorized to be in the dwelling, is present at any time during the course of the incident is guilty of aggravated trespass punishable by imprisonment in a county jail for not more than one year or by a fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment.

(c) If the court grants probation, it may order a person convicted of a misdemeanor under subdivision (b) to up to three years of supervised probation.  It shall be a condition of probation that the person participate in counseling, as designated by the court.

(d) If a person is convicted of a misdemeanor under subdivision (b), the sentencing court shall also consider issuing an order restraining the defendant from any contact with the victim, that may be valid for up to three years, as determined by the court.  In determining the length of the restraining order, the court shall consider, among other factors, the seriousness of the facts before the court, the probability of future violations, and the safety of the victim and his or her immediate family.

(e) Nothing in this section shall preclude prosecution under Section 459 or any other provision of law.

Cite this article: FindLaw.com - Delaware Code Title 28. Sports and Amusements § 102. Definitions - last updated January 01, 2019 | https://codes.findlaw.com/de/title-28-sports-and-amusements/de-code-sect-28-102.html


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