A person is guilty of child abuse in the first degree when the person recklessly or intentionally causes serious physical injury to 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.

Attorney's Note

Under the Delaware Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class B felonybetween 2 and 25 years
For details, see Del. Code Ann.tit. 11, § 4205

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Terms Used In Delaware Code Title 11 Sec. 1103B

  • 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
  • Serious physical injury: shall mean physical injury which creates a risk of death, or which causes disfigurement, impairment of health or loss or impairment of the function of any bodily organ or limb, or which causes the unlawful termination of a pregnancy without the consent of the pregnant female. See Delaware Code Title 11 Sec. 1100

Child abuse in the first degree is a class B felony.

72 Del. Laws, c. 197, § ?1; 78 Del. Laws, c. 406, § ?3;