Delaware Code

10 Del. C. § 7105 (2026)

Action to abate criminal nuisance

✓ current as of May 2026
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(a) Whenever a criminal nuisance exists and it adversely impacts the community, the Attorney General may bring an action to abate a criminal nuisance under this title to obtain temporary and permanent abatement relief under §§ 7111 and 7113 of this title and to seek civil penalties provided under § 7126 of this title.

(b) Any other person, as defined in § 7103 of this title, may bring an action to abate a criminal nuisance under this title on behalf of the Attorney General in the name of the State, provided the person serves the State Solicitor with a copy of the complaint within 5 days of filing. The Attorney General may elect to intervene and proceed with the action after it receives a copy of the complaint. If the Attorney General reviews the complaint and determines that there is insufficient evidence to support the claim, the Attorney General may dismiss the complaint.

30 Del. Laws, c. 234, §  3;  Code 1935, §  5274;  10 Del. C. 1953, §  7103;  72 Del. Laws, c. 484, §  178 Del. Laws, c. 161, §  10
Notes of Decisions
Cited in 4 cases, 1963–1967 · leading case: State v. Amato, 188 A.2d 243 (Del. Ch. 1963).
State v. Amato, 188 A.2d 243 (Del. Ch. 1963). · cites it 2× “Since these are applications for preliminary injunctions the court is concerned with the pertinent provisions of 10 Del.C. § 7105 which provide as follows: "(d) A copy of the complaint together with a notice of the time and place of the hearing of the application for a temporary…”
State v. Sposato, 235 A.2d 841 (Del. Ch. 1967). “10 Del.C. § 7105. After affidavits were filed and defendants answered, the Court held a hearing and on November 14, 1963 issued a preliminary injunction restraining Sposato from conducting illegal gambling (receiving and recording horse bets) at 619 Madison Street.”
State v. Amato, 213 A.2d 53 (Del. Ch. 1965). “They say that 10 Del.C. § 7105(e) requires them to file a verified answer.”
State v. Rossitto, 191 A.2d 642 (Del. Ch. 1963). “First, it is contended that an order *644 closing the premises pursuant to 10 Del.C. § 7105(g) and 7107(a) will deprive the corporation of property without due process of law if the premises may not be used for "lawful purposes" during the time the order is in force.”
— 10 Del. C. § 7105(e) — 2 cases
State v. Amato, 188 A.2d 243 (Del. Ch. 1963). “Since these are applications for preliminary injunctions the court is concerned with the pertinent provisions of 10 Del.C. § 7105 which provide as follows: "(d) A copy of the complaint together with a notice of the time and place of the hearing of the application for a temporary…”
State v. Amato, 213 A.2d 53 (Del. Ch. 1965). “They say that 10 Del.C. § 7105(e) requires them to file a verified answer.”
— 10 Del. C. § 7105(g) — 1 case
State v. Rossitto, 191 A.2d 642 (Del. Ch. 1963). “First, it is contended that an order *644 closing the premises pursuant to 10 Del.C. § 7105(g) and 7107(a) will deprive the corporation of property without due process of law if the premises may not be used for "lawful purposes" during the time the order is in force.”
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