- (a) A person is guilty of obstruction of justice when the person corruptly intimidates, influences, obstructs, or impedes the administration of law, a law-enforcement investigation, or any other inquiry authorized by law, including criminal, civil, or administrative inquiries.
(b) Obstruction of justice is classified and punished as follows:
- (1) Obstruction of justice is a class D felony if a person uses force, violence, or physical interference when the person commits or attempts to commit an act under subsection (a) of this section.
(2) Obstruction of justice is a class G felony if a person does any of the following when the person commits or attempts to commit an act under subsection (a) of this section:
- a. Conceals, alters, or destroys material evidence.
- b. Bestows money or any other benefit upon another person.
- c. Commits a breach of official duty or creates an obstacle.
- (3) If a person intentionally commits or attempts to commit any crime under the laws of this State, other than a crime enumerated under paragraphs (b)(1) or (b)(2) of this section, when the person commits or attempts to commit an act under subsection (a) of this section, obstruction of justice is 1 class higher than the underlying offense.
- (4) All other violations under subsection (a) of this section are a class A misdemeanor.
(c) For purposes of this section:
(1) “Corruptly” means acting with an improper purpose, personally or by influencing another, including any of the following:
- a. Making a false or misleading statement.
- b. Withholding, concealing, altering, or destroying a document or other information.
- (2) “Obstacle” means any effort or scheme intended to delay or interfere with a law-enforcement investigation or any other inquiry authorized by law, including criminal, civil, or administrative inquiries. An “obstacle” may be a threat, act, or physical object.
(d) This section does not apply to any of the following:
- (1) Flight by a person charged with a crime.
- (2) Refusal to submit to arrest.
- (e) Superior Court has exclusive jurisdiction over violations of this section.
84 Del. Laws, c. 228, § 1