Delaware Code
11 Del. C. § 1212 (2026)
Profiteering; class A misdemeanor
✓ current as of May 2026
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A public servant is guilty of profiteering when, in contemplation of official action by the public servant or by a governmental entity with which the public servant is associated, or in reliance on information to which the public servant has access in an official capacity and which has not been made public:
(1) The public servant acquires a pecuniary interest in any property, transaction or enterprise which may be affected by the official action or information; or
(2) The public servant speculates or wagers on the basis of the official action or information; or
(3) The public servant aids another person to do any of the foregoing acts, intending to gain thereby a personal benefit.
Profiteering is a class A misdemeanor.
11 Del. C. 1953, § 1212; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1;Notes of Decisions
Cited in 2
cases (2 in the last 5 years), 2022–2023 · leading case: State v. Gregory (Del. Super. Ct. 2022).
State v. Gregory (Del. Super. Ct. 2022). “The Court granted his motion for one: as to profiteering as proscribed by 11 Del. C. § 1212(1).3 As the Court explained, the trial evidence, when viewed in the light most favorable to the State, would not have justified a reasonable jury’s finding that Mr.”
Gregory v. State (Del. 2023). “Under 11 Del. C. § 1212(1): A public servant is guilty of profiteering when, in contemplation of official action by the public servant or by a governmental entity with which the public servant is associated, or in reliance on information to which the public servant has access in…”
— 11 Del. C. § 1212(1) — 2 cases
State v. Gregory (Del. Super. Ct. 2022). “The Court granted his motion for one: as to profiteering as proscribed by 11 Del. C. § 1212(1).3 As the Court explained, the trial evidence, when viewed in the light most favorable to the State, would not have justified a reasonable jury’s finding that Mr.”
Gregory v. State (Del. 2023). “Under 11 Del. C. § 1212(1): A public servant is guilty of profiteering when, in contemplation of official action by the public servant or by a governmental entity with which the public servant is associated, or in reliance on information to which the public servant has access in…”
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