(a) A person is guilty of child abuse in the second degree when:

(1) The person intentionally or recklessly causes physical injury to a child who is 3 years of age or younger; or

(2) The person intentionally or recklessly causes physical injury to a child who has significant intellectual or developmental disabilities;

(3) The person intentionally or recklessly causes physical injury to a child by means of a deadly weapon or dangerous instrument.

Attorney's Note

Under the Delaware Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class G felonyup to 2 years
For details, see Del. Code Ann.tit. 11, § 4205

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Terms Used In Delaware Code Title 11 Sec. 1103A

  • Abuse: means causing any physical injury to a child through unjustified force as defined in § 468(1)(c) of this title, torture, negligent treatment, sexual abuse, exploitation, maltreatment, mistreatment or any means other than accident. See Delaware Code Title 11 Sec. 1100
  • Child: shall mean any individual less than 18 years of age. See Delaware Code Title 11 Sec. 1100
  • Significant intellectual or developmental disabilities: means impairment in the intellectual or physical capacity of a child as evidenced by a discernible inability to function within the normal range of performance and behavior with regard to age, development, and environment. See Delaware Code Title 11 Sec. 1100

(b) This offense shall be a class G felony.

78 Del. Laws, c. 406, § ?3;