Sections
§ 7101 Short title 10
§ 7102 Purpose; construction 10
§ 7103 Definitions 10
§ 7104 Maintaining a criminal nuisance 10
§ 7105 Action to abate criminal nuisance 10
§ 7106 Jurisdiction; complaint; notice of lis pendens 10
§ 7107 Affirmative defenses 10
§ 7108 Notice to interested parties 10
§ 7110 Delay and dismissal of actions 10
§ 7111 Temporary abatement hearing; order; procedure 10
§ 7112 Enforcing ex parte and temporary abatement orders 10
§ 7113 Permanent abatement for all criminal nuisance actions; hearing; … 10
§ 7114 Duty of Attorney General; proceeds of sale in all criminal nuisance … 10
§ 7115 Lease void if building used for criminal nuisance 10
§ 7118 Notification and provision of treatment resources 10
§ 7119 Premises involving multiple residences or businesses 10
§ 7121 Presumption against closure; vacating closure after abatement of … 10
§ 7122 Standard of proof 10
§ 7123 Admissibility of evidence to prove criminal nuisance 10
§ 7124 Relationship to criminal proceedings 10
§ 7125 Release of premises upon inspection or repair 10
§ 7126 Penalties 10
§ 7127 Settlements 10
§ 7128 Recovery of costs 10
§ 7129 Contempt 10
§ 7130 Cumulative remedies 10
§ 7131 Liability for damage to closed properties 10
§ 7132 Civil immunity 10
§ 7133 Civil action for damages resulting from criminal nuisance 10
§ 7134 Presumptions 10

Terms Used In Delaware Code > Title 10 > Chapter 71 - Criminal Nuisance Abatement

  • adult person: means a person of the age of 18 years or older. See Delaware Code Title 1 Sec. 302
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Court: means the Superior Court of the State of Delaware. See Delaware Code Title 10 Sec. 7103
  • Criminal gangs: means any criminal street gangs or youth gangs as defined in §§ 616-617 of Title 11. See Delaware Code Title 10 Sec. 7103
  • Criminal nuisance: means any real property at which:

    a. See Delaware Code Title 10 Sec. 7103

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Executive authority: includes the governor and any person performing the functions of governor in a state other than this State. See Delaware Code Title 11 Sec. 2501
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • Governor: includes any person performing the functions of Governor by authority of the law of this State. See Delaware Code Title 11 Sec. 2501
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Owner: means any person in whom is vested the ownership and title of property, and who is the owner of record. See Delaware Code Title 10 Sec. 7103
  • Person: means a human being who has been born and is alive, and, where appropriate, a public or private corporation, a trust, a firm, a joint stock company, a union, an unincorporated association, a partnership, a government or a governmental instrumentality. See Delaware Code Title 10 Sec. 7103
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • premises: includes any building, structure, erection, or any separate part or portion thereof, whether used as a residence, for commercial purposes or a house of worship, or the ground itself. See Delaware Code Title 10 Sec. 7103
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Service of process: The service of writs or summonses to the appropriate party.
  • Testify: Answer questions in court.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.