Del. C. » Title 10 — Organization, Powers, Jurisdiction and Operation of Courts · CHAPTER 9. The Family Court of the State of Delaware · Courts and Judicial Procedure
Delaware Code

10 Del. C. § 922 (2026)

Exclusive and concurrent original criminal jurisdiction

✓ current as of May 2026
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(a) Except as provided in subsections (b), (c), (d) and (e) of this section, the Court shall have exclusive original criminal jurisdiction in all proceedings in this State concerning the following, the enumeration of which shall not be construed to exclude jurisdiction otherwise conferred upon the Court:

(1) Ill treatment, abuse, abandonment or contributing to the delinquency of a child, or any misdemeanor committed against a child;

(2) Offenses, except felonies, committed:

a. By 1 member against another member of the family;

b. Between former spouses;

c. Persons cohabitating together who are holding themselves out as a couple, with or without a child in common; or

d. Persons living separate and apart with a child in common.

(3) Offenses, except felonies, in which the defendant is a member of a family and the complainant is a peace officer and the criminal act complained of was committed during a family altercation;

(4) Misdemeanor criminal nonsupport and misdemeanor aggravated criminal nonsupport under § 1113 of Title 11;

(5) Illegitimacy proceedings under 13 Del. C. §§ 1321-1335 of Title 13 [repealed];

(6) Children of immoral parents under § 706 of Title 13 [repealed];

(7) Aiding a child who escapes from the Department of Services for Children, Youth and Their Families under § 5311 of Title 31;

(8) Cruel treatment and wrongful disposition or employment of children under § 1102 of Title 11;

(9) Interference with custody of a child under § 785 of Title 11;

(10) Placing a resident or bringing a nonresident dependent child into Delaware without consent of the Department of Services for Children, Youth and Their Families under §§ 307, 351 [repealed] of Title 31, except as provided in the Interstate Compact for Juveniles;

(11) Sale or delivery of an alcoholic beverage to a child under § 904 of Title 4;

(12) Permitting a child to remain where alcoholic beverages are sold under § 1106 of Title 11;

(13) Permitting a child to be present where gambling activity is maintained or conducted under § 1106 of Title 11;

(14) Sale of weapons to a child under § 903 of Title 24;

(15) Sexual assault on a child under § 761 of Title 11;

(16) Intra-family offenses against the person under §§ 601, 602, 611 of Title 11;

(17) Incest under § 766 of Title 11;

(18) Reciprocal support proceedings against or on behalf of nonresidents under Chapter 6 of Title 13, where appropriate;

(19) Unlawful sexual contact in the third degree against a child under § 767 of Title 11;

(20) Violation of a protective order under § 1271A of Title 11;

(21) Offenses involving the reporting of new hires under § 1156A of Title 30.

(b) The Court shall have concurrent criminal jurisdiction with the Justice of the Peace Court in all proceedings concerning alleged curfew violations under former §§ 39-14 through 39-16 of the Wilmington Code [see now §§ 36-97 and 36-98 of the Wilmington Code].

(c) The Court shall have concurrent criminal jurisdiction with the Justice of the Peace Courts in all proceedings concerning alleged curfew violations pursuant to any municipal ordinance.

(d) Notwithstanding the provisions of paragraphs (a)(1)-(a)(3), (a)(17) and (a)(20) of this section, if offenses or criminal cases within the exclusive original jurisdiction of Family Court otherwise may be joined properly with a felony within the jurisdiction of Superior Court, such offenses or criminal cases shall be within the jurisdiction of Superior Court.

(e) Notwithstanding the provisions of paragraphs (a)(1)-(a)(3), (a)(17) and (a)(20) of this section, if offenses or criminal cases within the exclusive jurisdiction of the Family Court and in which the defendant is an adult otherwise may be joined properly with a criminal case or other offense that is within the jurisdiction of the Court of Common Pleas, such offenses or criminal cases shall be within the jurisdiction of the Court of Common Pleas, except that this subsection shall not apply to offenses or criminal cases involving felonies.

10 Del. C. 1953, §  922;  58 Del. Laws, c. 114, §  1;  58 Del. Laws, c. 497, §  4;  63 Del. Laws, c. 93, §  1;  64 Del. Laws, c. 108, §§  6, 20;  66 Del. Laws, c. 189, §§  1, 2;  66 Del. Laws, c. 269, §§  13, 14;  68 Del. Laws, c. 66, §§  1, 2;  69 Del. Laws, c. 160, §  3;  70 Del. Laws, c. 100, §  4;  70 Del. Laws, c. 318, §  2;  70 Del. Laws, c. 448, §  3;  71 Del. Laws, c. 29, §§  1, 2;  71 Del. Laws, c. 176, §  3;  71 Del. Laws, c. 216, §  158;  75 Del. Laws, c. 110, §§  1, 2;  80 Del. Laws, c. 364, § 2;  84 Del. Laws, c. 128, § 20; 
Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 1974–2025 · leading case: Khaimraj Singh v. John Ashcroft, Attorney Gen. of the United States of Am., 383 F.3d 144 (3rd Cir. 2004).
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Khaimraj Singh v. John Ashcroft, Attorney Gen. of the United States of Am., 383 F.3d 144 (3rd Cir. 2004). · cites it 2× “10 Del. C. § 922(a)(19) provides the Delaware Family Court with exclusive original criminal jurisdiction over “unlaw *154 ful sexual conduct in the third degree against a child under 11 Del.”
Wilderman v. Wilderman, 330 A.2d 149 (Del. Super. Ct. 1974). “Separate criminal jurisdiction is vested in the Family Court under which charges are brought for desertion, neglect or refusal to support a wife or child under 13 Del.”
State v. Carter-Baird (Del. Super. Ct. 2024). “…Amenability Hearing Pursuant to 10 Del. C. § 1011(b) is DENIED. /s/ Ferris W. Wharton Ferris W. Wharton, J. 63 See, 10 Del. C. § 922(d). 12”
Robinson v. State (Del. 2025). “4 (8) In his opening brief on appeal, Robinson does not argue that he did not violate the terms of his probation or that his VOP sentence exceeds the balance of 1 Because all of Robinson’s criminal charges were misdemeanors that involved his ex-girlfriend with whom he shares a…”
Smith v. Delaware State Police (Del. Super. Ct. 2014). “While there is a criminal provision, 11 Del. Code § 785, that defines the crime of interference with custody, there is no recognized civil cause of action available under Delaware law.”
Khaimraj Singh v. Atty Gen USA (3rd Cir. 2004). “This would have 10 Del. C. § 922(a)(19) provides the the astonishing result that all sex offenses Delaware Family Court with exclusive in Delaware (as Delaware does not define original crimin al jurisdic tion over any general sex offenses outside this list) “unlawful sexual…”
— 10 Del. C. § 922(4) — 1 case
Wilderman v. Wilderman, 330 A.2d 149 (Del. Super. Ct. 1974). “Separate criminal jurisdiction is vested in the Family Court under which charges are brought for desertion, neglect or refusal to support a wife or child under 13 Del.”
— 10 Del. C. § 922(a)(19) — 2 cases
Khaimraj Singh v. John Ashcroft, Attorney Gen. of the United States of Am., 383 F.3d 144 (3rd Cir. 2004). “10 Del. C. § 922(a)(19) provides the Delaware Family Court with exclusive original criminal jurisdiction over “unlaw *154 ful sexual conduct in the third degree against a child under 11 Del.”
Khaimraj Singh v. Atty Gen USA (3rd Cir. 2004). “This would have 10 Del. C. § 922(a)(19) provides the the astonishing result that all sex offenses Delaware Family Court with exclusive in Delaware (as Delaware does not define original crimin al jurisdic tion over any general sex offenses outside this list) “unlawful sexual…”
— 10 Del. C. § 922(a)(2) — 1 case
Robinson v. State (Del. 2025). “4 (8) In his opening brief on appeal, Robinson does not argue that he did not violate the terms of his probation or that his VOP sentence exceeds the balance of 1 Because all of Robinson’s criminal charges were misdemeanors that involved his ex-girlfriend with whom he shares a…”
— 10 Del. C. § 922(d) — 1 case
State v. Carter-Baird (Del. Super. Ct. 2024). “…Amenability Hearing Pursuant to 10 Del. C. § 1011(b) is DENIED. /s/ Ferris W. Wharton Ferris W. Wharton, J. 63 See, 10 Del. C. § 922(d). 12”
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