Delaware Stalking Laws

Code Section
Tit. 11 §1312A

Defined As
Any person who intentionally engages in a course of conduct directed at specific person which would cause a reasonable person to fear physical injury to himself, to a friend/associate, to family member, to a member of his/her household, or to third person and whose conduct induces such fear. (1312A(a))

Punishment/Classification
If commit the crime of stalking by engaging in a course of conduct which includes any act(s) prohibited by a then-existing court order or sentence, shall be sentenced minimum of 6 months. (1312A(f)); Stalking is a Class A misdemeanor, unless conduct induces fear in victim, then Class F felony; or unless perpetrator is 21 or older and victim is under 14, then Class F felony; or unless conduct induces threat of death or serious physical injury, then Class D felony; or perpetrator possesses deadly weapon during act and induces fear in victim, then Class C felony

Repeat Offense
If convicted of stalking within 5 years of prior conviction, shall receive minimum 1 year sentence (1312A(g

Arrest or Restraining Order Specifically Authorized by Statute?
No

Constitutionally Protected Activities Exempted?
No. Lawful picketing is an affirmative defense; also conduct that occurs in furtherance of law enforcement activities or to private investigators, security officers or private detectives. (1312A(c) and (d))


Inside Delaware Stalking Laws