LAWS OF DELAWARE
VOLUME 84
CHAPTER 127
152nd GENERAL ASSEMBLY
FORMERLY
HOUSE BILL NO. 183
AS AMENDED BY
HOUSE AMENDMENT NO. 1
AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO ENDANGERING THE WELFARE OF A CHILD.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):
Section 1. Amend § 1102, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 1102. Endangering the welfare of a child; class A misdemeanor; class E or G felony. class B, C, D, E, or G felony.
(a) A person is guilty of endangering the welfare of a child when:
(7)a. The person provides or permits a child to consume or inhale any substance not prescribed to the child by a physician, as defined in §§ 4714, 4716, 4718, 4720, and 4722 of Title 16. A child dies, suffers a serious physical injury, suffers a physical injury, or suffers a period of altered mental or physical state because the person intentionally, knowingly, or recklessly makes available to the child through exposure, consumption, or inhalation any of the following:
1. A controlled substance that is not prescribed to the child by a physician.
2. A prescription drug that is not a controlled substance but for which a prescription is required.
b. As used in this paragraph (a)(7):
1. “Controlled substance” means as defined in § 4701 of Title 16.
2. “Prescription drug” means as defined in § 4701 of Title 16.
(b) Endangering the welfare of a child child, except paragraph (a)(7) of this section, shall be punished as follows:
(1) When the death of a child occurs while the child’s welfare was endangered as defined in subsection (a) of this section, endangering the welfare of a child is a class E felony;
(2) When serious physical injury to a child occurs while the child’s welfare was endangered as defined in subsection (a) of this section, endangering the welfare of a child is a class G felony;
(3) When a child becomes the victim of a sexual offense as defined in § 761(i) of this title while the child’s welfare was endangered as defined in subsection (a) of this section, endangering the welfare of a child is a class G felony;
(4) In all other cases, endangering the welfare of a child is a class A misdemeanor.
(c) Endangering the welfare of a child, as set forth in paragraph (a)(7) of this section, shall be punished as follows:
(1) When the death of a child occurs while the child’s welfare was endangered as defined in paragraph (a)(7) of this section, endangering the welfare of a child is a class B felony.
(2) When serious physical injury to a child occurs while the child’s welfare was endangered as defined in paragraph (a)(7) of this section, endangering the welfare of a child is a class C felony.
(3) When physical injury to a child occurs while the child’s welfare was endangered as defined in paragraph (a)(7) of this section, endangering the welfare of a child is a class D felony.
(4) When physical injury to a child does not occur while the child’s welfare was endangered as defined in paragraph (a)(7) of this section, but the child suffers a period of altered mental or physical state, endangering the welfare of a child is a class A misdemeanor.
(c)(d) For the purpose of imposing the penalties prescribed in paragraph (b)(1), (b)(2) or (b)(3) (b)(2), (b)(3), (c)(1), (c)(2), (c)(3), or (c)(4) of this section, it is not necessary to prove the person’s state of mind or liability for causation with regard to the resulting death of or physical injury to the child or child, sexual offense against the child child, or altered mental or physical state of the child, notwithstanding the provisions of § 251, § 252, § 261, § 262, § 263 or § 264 of this title, or any other statutes to the contrary.
Approved July 31, 2023