Delaware Code

10 Del. C. § 7102 (2026)

Purpose; construction

✓ current as of May 2026
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(a) This chapter shall be liberally construed and applied so as to promote its underlying purposes, which are:

(1) To authorize temporary and permanent abatement relief and other remedies to abate any criminal nuisance as defined herein;

(2) To eliminate locations that otherwise attract criminals, violence and the threat of violence associated with either illegal drug trade or any of the other nuisances defined herein;

(3) To abate drug nuisances and illegal drug activity as well as the other nuisances defined herein that otherwise reduce property values, injure legitimate businesses and commerce and erode the quality of life for law-abiding persons working or residing in or near these locations;

(4) To ensure that the civil actions and remedies authorized by this chapter be heard by the courts on a priority basis to expeditiously identify and abate all nuisances, particularly those involving illegal drug trade or activity; and

(5) To encourage owners, landlords, operators and managers of buildings, places or premises (hereinafter referred to as “premise”) to take the affirmative steps necessary to prevent violations on their properties involving any of the above nuisances, particularly those involving illegal drug trade or activity.

(b) Any action brought pursuant to this chapter, regardless of the remedy or remedies sought or ordered, is intended to be by the General Assembly and shall be deemed to be an action for abatement of a criminal nuisance.

(c) Any action brought on the basis of a criminal nuisance defined at § 7103(5)b. of this title is intended to abate the criminal nuisance existing on those properties where illegal firearms or projectile weapons exist and those who use illegal firearms or projectile weapons congregate. It is not intended to interfere with the right to lawful possession or use of firearms or projectile weapons by law abiding citizens.

72 Del. Laws, c. 484, §  178 Del. Laws, c. 161, §§  3-784 Del. Laws, c. 525, § 32
Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 1963–2024 · leading case: State v. Amato, 188 A.2d 243 (Del. Ch. 1963).
State v. Amato, 188 A.2d 243 (Del. Ch. 1963). “Additionally, under the language of 10 Del. C. § 7102, it would seem that a person who uses a place which is found to be a nuisance is guilty of maintaining a nuisance and is subject to the injunctive provisions of the statute.”
State v. Amato, 213 A.2d 53 (Del. Ch. 1965). “§ 669 (receiving and recording horse bets), and were thereby guilty of maintaining a nuisance under 10 Del.C. § 7102. Plaintiff sought, inter alia, a permanent injunction under 10 Del.”
State v. Cabela's Inc. (Del. Super. Ct. 2024). “§ 603(a)(1) states a person is guilty of reckless endangering in the second degree when “[t]he person recklessly engages in conduct which creates a substantial risk of physical injury to another person,”38 and § 604 states “[a] person is guilty of reckless endangering in the…”
— 10 Del. C. § 7102(a)(2) — 1 case
State v. Cabela's Inc. (Del. Super. Ct. 2024). “§ 603(a)(1) states a person is guilty of reckless endangering in the second degree when “[t]he person recklessly engages in conduct which creates a substantial risk of physical injury to another person,”38 and § 604 states “[a] person is guilty of reckless endangering in the…”
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