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The State Laws of Delaware

The State Laws of Delaware


Due to the fact that individual state laws are constantly subject to change, individuals are encouraged to consult an attorney prior to engaging in any activity, action, or event in which the expressed legality may come into question. Furthermore, individuals interested in attaining information with regard to individual state legislature are also encouraged to perform independent research in order to substantiate the relevancy and current state(s) of specific legislation. If you need legal advice and assistance, contact Delaware lawyers.

Delaware Abortion Laws

Within the state of Delaware, Abortion is defined as the purposeful termination of a pregnancy through procedural means. Subsequent to the decision of Roe v. Wade, abortion became legal within the United States – however, Delaware state legislation expresses a variety of stipulations with regard to a legal abortion process:

•    The statutory definition of an illegal abortion in Delaware is the use of drugs or an action with intent to cause termination of pregnancy

•    The statutory definition of a legal abortion in Delaware is the continuation of pregnancy would result in death or injury to the mother; mental and/or physical retardation of child or pregnancy result of rape or incest or unlawful sexual intercourse, but must be performed within the first 20 weeks.

•    Penalty for Unlawful Abortion in Delaware: Felony; maximum fine of $5,000 and imprisonment 2 to 10 years

Delaware Marijuana Laws

•    Possession: Class A misdemeanor (if applicable, can be subject to First Offenders Controlled Substances Diversion Programs); Knowingly making a purchase from a minor under 18: Class E felony. Purchasing from a minor under 16, 6 months no suspension, probation, parole. Seller is under 14 years. 1 year mandatory sentence

•    Sale: Class E felony: 5 yrs. and $1000 to $10,000 (more severe if near school)

•    Trafficking: 5 lbs. or more: Class B felony; 5-100 lbs.: $25,000 and minimum 2 yrs.; 100-500 lbs.: $50,000 and minimum 4 yrs.; Over 500 lbs.: $100,000 and minimum 8 yrs.

Delaware DWI and DUI Laws

Driving while intoxicated (DWI) and driving while under the influence (DUI) charges exist in the event that an individual ingests illegal drugs, alcohol, or controlled-substances, which may impair their respective ability to safely operate a motor vehicle; the following DUI and DWI laws exist within the state of Delaware:

•    Zero tolerance laws exist in the event that an individual below the legal age permissible to consume alcohol is suspected to be unlawfully operating a motor vehicle; within the state of Delaware, the Zero Tolerance Blood Alcohol Content Level (BAC) cannot exceed .02%

•    The BAC limit for individuals operating motor vehicles may not reach .08%; this can constitute a DUI or DWI offense

•    In Delaware, there currently exist no supplementary penalties incurred due to BAC levels exceeding the expressed, legal limit

•    Implied consent is a legal instrument that is employed within the realm of a DUI Arrest that entails a verbal or written contract resulting from the willing participation in a regulated activity, such as the operation of a motor vehicle; within Delaware, law enforcement agents are permitted to act in accordance with implied consent laws

•    Upon a DUI or DWI conviction, and individuals is subject to undergo the loss of driving privileges for a period of no less than 90 days’ time;  penalties can range upwards of 1 year in addition to the installation of an ignition interlock device

Delaware Gun Laws

•    A permit to purchase either a handgun or long gun is not required in Delaware

•    Firearm registration is not required

•    Owner license is not required

•    There is no assault weapon law

•    A carry permit is needed for handguns, but not for long guns

•    NFA weapons are restricted

Delaware Adoption Laws

In the state of Delaware, an individual who has been deemed as a law-abiding citizen who is of sound mind and moral character is permitted to adopt a child:

•    Any person may be adopted in Delaware

•    Age that child’s consent is needed: 14 years and older, unless court waives

•    Who may adopt: Unmarried person; divorced or legally separate person; husband and wife who are living together. Must be legal resident of Delaware and over 21.

Delaware Employment and Labor Laws

•    Within the state of Delaware, the minimum wage is 5 dollars and 15 cents awarded per hour of labor

•    State Holidays are listed as: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas – Veteran’s Day, Wyoming Equality Day, Martin Luther King, Jr.'s Birthday, and President’s Day result in the closing of public institutions only upon the decision set forth by the local board of trustees and government

•    Within the state of Delaware, an individual’s employ cannot be terminated in the event that they report a violation or hazard taking place with regard to their respective employment – or place of employment

Delaware Divorce Laws

Within the state of Delaware, a divorce is defined as the termination of a marriage, which can occur upon a decision set forth by one or both partners involved in the marriage:

•    A divorce must be filed subsequent to 60 days residence within the state of Delaware; in the event that an individual –or individuals – were married in Delaware and lived there on a continuous basis, a time constraint for filing does not exist

•    ‘No Fault’ divorce does exist on the grounds of irreconcilable differences

Delaware Death Penalty Laws 

•    Capital punishment is allowed in Delaware

•    No minimum age

•    Only homicide would warrant the death penalty

•    Lethal injection is the method of execution

Delaware Gambling Laws

•    Horse and harness racing allowed; pari-mutuel allowed. Off-track betting on out-of-state races permitted

•    All gambling devices are prohibited.

Delaware Child Laws

Within the state of Delaware, the following stipulations with regard to child laws and child custody are recognized:

•    Joint custody is permitted

•    The rights implied within grandparental visitation are recognized

•    The wishes of any or all children involves are taken into consideration with regard to a custody decision