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DE HB182

Bill

Status

Passed

7/31/2023

Primary Sponsor

Krista Griffith

Click for details

Origin

House of Representatives

152nd General Assembly

AI Summary

  • Redesignates child abuse statutes into four degrees: Fourth Degree (intentional/reckless physical injury), Third Degree (physical injury to children under 6 or with disabilities, Class D felony), Second Degree (serious physical injury, Class B felony with 5-year minimum for certain aggravating factors), and First Degree (serious injury causing permanent disfigurement or organ loss, Class A felony).

  • Creates two new crimes: Child Torture (Class B felony) involving malicious or extremely indifferent course of conduct over 24+ hours including abuse, maltreatment, deprivation of care, or unreasonable confinement; and Continuous Child Abuse (Class G or B felony) for 3+ acts of child abuse over 3+ weeks.

  • Designates Child Abuse in the Second and First Degree as violent felonies and removes Justice of the Peace Court jurisdiction over child abuse fourth degree cases.

  • Adds affirmative defenses stating lack of knowledge regarding child's age or disability status is not a defense for Third and Second Degree child abuse charges.

  • Makes conforming amendments to Title 13 (domestic violence), Title 16 (child welfare), and Title 31 (background checks) to reflect new child abuse classifications.

Legislative Description

An Act To Amend Title 11, Title 13, Title 16, And Title 31 Of The Delaware Code Relating To Child Abuse.

Last Action

Signed by Governor

7/31/2023

Committee Referrals

Judiciary6/20/2023
Judiciary6/1/2023

Full Bill Text

No bill text available