HB 182 — AN ACT TO AMEND TITLE 11, TITLE 13, TITLE 16, AND TITLE 31 OF THE DELAWARE CODE RELATING TO CHILD ABUSE.

Summary

Sections 1 through 6 of this Act revise the State's existing child abuse laws as follows: (1) Revises Child Abuse in the Third Degree by removing extraneous language and redesignating it as Child Abuse in the Fourth Degree. (2) Revises Child Abuse in the Second Degree by redesignating it as Child Abuse in the Third Degree and making it a class D felony. (3) Revises Child Abuse in the First Degree by removing extraneous language, adding a sentence enhancement for certain aggravating factors, and redesignating it as Child Abuse in the Second Degree. (4) Creates a new crime of Child Abuse in the First Degree, a class A felony, when a person intentionally or recklessly causes serious physical injury to a child and that injury causes permanent disfigurement, permanent impairment of health, or permanent loss or impairment of a bodily organ. (5) Creates a new crime of Child Torture, a class B felony. (6) Creates a new crime of Continuous Child Abuse when a person intentionally or recklessly engages in 3 or more acts of child abuse or child torture over a period of time not less than 3 weeks in duration. Sections 7 through 9 and 11 through 14 of this Act make conforming amendments to the Delaware Code based on the revisions made by Sections 1 through 6 of this Act. Section 10 of this Act designates Child Abuse in the First Degree and Child Abuse in the Second Degree as violent felonies.

Bill Text

• Bill Text View text Current pdf

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

This bill significantly revises the definitions and penalties for various degrees of child abuse in the Delaware Code.

• § 1103

  child abuse in the third fourth degree; class A misdemeanor. → child abuse in the third degree when:

  Revises the definition of child abuse in the third degree, clarifying the degree of the offense.

• § 1103

  Child abuse in the fourth degree is a class A misdemeanor.

  Changes child abuse in the fourth degree to no longer specify it as a class A misdemeanor.

• § 1103A

  Child abuse in the second third degree; class G D felony. → Child abuse in the second degree when:

  Changes the definition from second degree to third degree child abuse.

• § 1103A

  class G D felony. → a class G felony.

  Corrects the classification of the felony related to second degree child abuse.

• § 1103B

  Child abuse in the first second degree; class B felony. → Child abuse in the second degree when the person intentionally or recklessly causes serious physical injury to a child.

  Clarifies the distinction between child abuse in the first and second degrees.

• § 1103D

  Child torture; class B felony.

  Establishes 'child torture' as a specific offense with defined criteria.

• § 1103E

  Continuous child abuse; class G or B felony. → when the person intentionally or recklessly engages in 3 or more acts of child abuse...

  Defines continuous child abuse and establishes conditions for its classification.

• § 1102

  Endangering the welfare of a child; class A misdemeanor; class E or G felony. → child abuse third or fourth degree against a victim, knowing that such felony or misdemeanor was witnessed...

  Clarifies the conditions under which endangering the welfare of a child is applied.

• § 2107

  Child abuse in the first second degree, in violation of § 1103B of this title.

  Affects bail determinations for defendants charged with serious child abuse offenses.

• § 2702

  Section 1103 of this title (child abuse in the third fourth degree);

  Excludes certain child abuse misdemeanors from the jurisdiction of the Justice of the Peace Court.

• § 4201

  1103B Child Abuse in the Second Degree → Child Abuse in the Second Degree

  Designates child abuse in the second degree as a violent felony.

• § 9401

  child abuse third or fourth degree; class A misdemeanor. → Child abuse in the third fourth degree; class A misdemeanor.

  Updates the definitions in the statute concerning offenses related to children.

• § 703A

  Definitions.

  Introduces a broad scope of definitions related to domestic violence and ties them to the context of child welfare.

Action History

1. July 31, 2023

   Signed by Governor

2. June 30, 2023

   Passed By Senate. Votes: 20 YES 1 ABSENT

3. June 28, 2023

   Reported Out of Committee (Judiciary) in Senate with 3 Favorable, 2 On Its Merits

4. June 20, 2023

   Assigned to Judiciary Committee in Senate

5. June 20, 2023

   Passed By House. Votes: 39 YES 1 NO 1 ABSENT

6. June 20, 2023

   Amendment HA 1 to HB 182 - Defeated By House. Votes: 6 YES 33 NO 2 ABSENT

7. June 13, 2023

   Amendment HA 1 to HB 182 - Introduced and Placed With Bill

8. June 07, 2023

   Reported Out of Committee (Judiciary) in House with 7 On Its Merits, 1 Unfavorable

9. June 01, 2023

   Introduced and Assigned to Judiciary Committee in House

Sponsors

• Laura V. Sturgeon · Primary
• Bryant L. Richardson · Primary
• Nicole Poore · Primary
• Spiros Mantzavinos · Primary
• Brian Pettyjohn · Primary
• Cyndie Romer · Primary
• Russell Huxtable · Primary
• Bryan Townsend · Primary
• Kendra Johnson · Primary
• Krista Griffith · Primary
• Sherry Dorsey Walker · Primary
• Sean Matthews · Primary
• Peter C. Schwartzkopf · Primary

Votes

Subjects