Delaware stalking convictions carry felony classes and prison minimums

The section classifies stalking as a class E felony, with higher classes for listed aggravating circumstances. These classes apply to a person guilty of stalking under this section. Stalking is a class D felony if the accused is at least 21 and the victim is under 14, the accused violated an order barring contact, the victim is at least 62, the conduct included a death or serious-injury threat, or the victim suffered physical injury. It is a class C felony if the accused had a deadly weapon during any act or caused the victim serious physical injury.

The section requires minimum prison terms for stalking convictions that meet either of two conditions. A six-month minimum applies if the conduct includes an act that a court order or sentence then barred. A one-year minimum applies if the person is convicted within five years of a prior stalking conviction. The first six months of the six-month term and the first year of the one-year term cannot be suspended. For the six-month minimum, the order or sentence must have been in place when the act occurred. For the one-year minimum, the earlier conviction must be within five years of the new conviction.

The section defines stalking and lists defenses and excluded conduct. Stalking requires knowing conduct directed at a specific person that would make a reasonable person in the victim’s circumstances fear physical injury or suffer significant mental distress. A person charged may claim the conduct was constitutionally protected; if that defense is valid as a matter of law, evidence of that activity must be excluded. The section does not apply to conduct furthering legitimate work by law-enforcement officers, private investigators, security officers, or private detectives, as defined in Title 24.