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Delaware Capital Punishment Laws
More Information on Capital Punishment Laws
| Code Section | Tit. 11, §§636, 4209; §406 |
| Is Capital Punishment Allowed? | Yes |
| Effect of Defendant's Incapacity | Exempt from execution while incapacitated |
| Minimum Age | No minimum age |
| Available for Crimes Other than Homicide? | None |
| Definition of Capital Homicide | Murder committed while in or escaped from custody/confinement; committed for purposes of avoiding/preventing arrest or for effecting escape from custody; committed against law enforcement officer, corrections employee, fireman engaged in duties; committed against judge, attorney general, other state officer (former or present) during or because of exercise of official duty; hostage/ransom; witness to crime to avoid testimony; paid for it/pecuniary gain; convicted of prior felony using or threat of violence; rape, sodomy, unlawful sexual intercourse, arson, kidnapping, burglary; multiple victims; outrageously or wantonly vile, horrible or inhumane treatment involving torture, depravity of mind or use of explosive device or poison; agent or employee of another person; defendant serving life sentence; victim was pregnant, handicapped, severely disabled or 62 years of age or older; child 14 years or younger and murderer was 4 years older; present or past nongovernment informant or provided information and killed in retaliation; murder was premeditated and result of substantial planning; or murder committed for purpose of interfering with victim's exercise of a constitutional right protected by the first amendment or because of the victim's race, religion, national origin, or disability |
| Method of Execution | Lethal injection |
Note: State laws are constantly changing -- contact an attorney or conduct your own legal research to verify the state law(s) you are researching.
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