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Legal Statutes: Delaware

UPDATED December 2, 2012

Delaware Statutes


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Subpart A. Assaults and Related Offenses

back to top§ 612. Assault in the second degree; class D felony

(a) A person is guilty of assault in the second degree when:

(1) The person recklessly or intentionally causes serious physical injury to another person; or

(2) The person recklessly or intentionally causes physical injury to another person by means of a deadly weapon or a dangerous instrument; or

(3) The person intentionally causes physical injury to a law-enforcement officer, a volunteer firefighter, a full-time firefighter, emergency medical technician, paramedic, fire police officer, fire marshal, correctional officer, a sheriff, a deputy sheriff, public transit operator, a code enforcement constable or a code enforcement officer who is acting in the lawful performance of duty. For purposes of this subsection, if a law-enforcement officer is off duty and the nature of the assault is related to that law-enforcement officer’s official position, then it shall fall within the meaning of “official duties” of a law-enforcement officer; or

(4) The person intentionally causes physical injury to the operator of an ambulance, a rescue squad member, licensed practical nurse, registered nurse, paramedic, licensed medical doctor or any other person while such person is rendering emergency care; or

(5) The person recklessly or intentionally causes physical injury to another person who is 62 years of age or older; or

(6) The person intentionally assaults a law-enforcement officer while in the performance of the officer's duties, with any disabling chemical spray, or with any aerosol or hand sprayed liquid or gas with the intent to incapacitate such officer and prevent the officer from performing such duties; or

(7) The person intentionally, while engaged in commission of any crime enumerated in this chapter, assaults any other person with any disabling chemical spray, or with any aerosol or hand sprayed liquid or gas with the intent to incapacitate the victim; or

(8) The person intentionally causes physical injury to any state employee or officer when that employee or officer is discharging or attempting to discharge a duty of employment or office; or

(9) The person recklessly or intentionally causes physical injury to a pregnant female. It is no defense to a prosecution under this subsection that the person was unaware that the victim was pregnant; or

(10) A person who is 18 years of age or older and who recklessly or intentionally causes physical injury to another person who has not yet reached the age of 6 years. In any prosecution of a parent, guardian, foster parent, legal custodian or other person similarly responsible for the general care and supervision of a child victim pursuant to this paragraph, the State shall be required to prove beyond a reasonable doubt the absence of any justification offered by § 468(1) of this title. In any prosecution of a teacher or school administrator pursuant to this paragraph, the State shall be required to prove beyond a reasonable doubt the absence of any justification offered by § 468(2) of this title; or

(11) The person recklessly or intentionally causes physical injury to a law enforcement officer, security officer, fire policeman, fire fighter, paramedic, or emergency medical technician in the lawful performance of their duties by means of an electronic control device shall be a class C felony.

(b) It is no defense, for an offense under paragraph (a)(5) of this section, that the accused did not know the person's age or that the accused reasonably believed the person to be under the age of 62.

(c) It is no defense, for an offense under paragraph (a)(10) of this section, that the accused did not know the person's age or that the accused reasonably believed the person to be 6 years of age or older.

(d) Assault in the second degree is a class D felony.
58 Laws 1972, ch. 497, § 1; 63 Laws 1981, ch. 50, § 1; 63 Laws 1982, ch. 237, § 1; 67 Laws 1989, ch. 130, § 8; 68 Laws 1991, ch. 129, §§ 1, 3; 69 Laws 1993, ch. 24, §§ 3, 4; 69 Laws 1994, ch. 189, § 1; 69 Laws 1994, ch. 367, § 1; 70 Laws 1995, ch. 128, §§ 1 to 5, eff. July 6, 1995; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 71 Laws 1998, ch. 307, § 1, eff. June 25, 1998; 71 Laws 1998, ch. 374, §§ 4, 5, eff. July 7, 1998; 72 Laws 1999, ch. 34, § 10, eff. May 12, 1999; 72 Laws 1999, ch. 43, § 5, eff. June 10, 1999; 72 Laws 1999, ch. 173, §§ 1, 2, eff. July 16, 1999; 73 Laws 2001, ch. 126, §§ 3, 16, eff. July 9, 2001; 74 Laws 2004, ch. 199, eff. Jan. 28, 2004; 76 Laws 2008, ch. 270, § 3, eff. June 30, 2008; 77 Laws 2009, ch. 119, § 1, eff. July 8, 2009; 77 Laws 2010, ch. 265, § 1, eff. May 18, 2010; 78 Laws 2012, ch. 325, § 1, eff. July 12, 2012.