Del. Code Ann. tit. 11, § 634
Murder by abuse or neglect in the first degree; class A felony
70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 266, § 2; 72 Del. Laws, c. 197, §§ 5, 6; 78 Del. Laws, c. 406, § 1;
(a) A person is guilty of murder by abuse or neglect in the first degree when the person recklessly causes the death of a child:
- (1) Through an act of abuse and/or neglect of such child; or
- (2) When the person has engaged in a previous pattern of abuse and/or neglect of such child.
(b) For the purpose of this section:
- (1) “Abuse” and “neglect” shall have the same meaning as set forth in § 1100 of this title.
- (2) “Child” shall refer to any person who has not yet reached that person’s fourteenth birthday.
(3) “Previous pattern” of abuse and/or neglect shall mean 2 or more incidents of conduct:
- a. That constitute an act of abuse and/or neglect; and
- b. Are not so closely related to each other or connected in point of time and place that they constitute a single event.
- (c) A conviction is not required for an act of abuse or neglect to be used in prosecution of a matter under this section including an act used as proof of the previous pattern as defined in paragraph (b)(3) of this section. A conviction for any act of abuse or neglect including one which may be relied upon to establish the previous pattern of abuse and/or neglect does not preclude prosecution under this section. Prosecution under this section does not preclude prosecution under any other section of the Code.
- (d) Murder by abuse or neglect in the first degree is a class A felony.
70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 266, § 2; 72 Del. Laws, c. 197, §§ 5, 6; 78 Del. Laws, c. 406, § 1