(a) (1) Any person who, being confined in a detention facility, intentionally or recklessly causes physical injury to a correctional officer, other state employee of a detention facility acting in the lawful performance of duties, any other person confined in a detention facility or any other person at a detention facility or other place having custody of such person shall be guilty of a class D felony.
(2) Notwithstanding Chapter 45 of this title, any person convicted for a violation of this subsection shall be imprisoned for a mandatory minimum period of 2 years which shall commence upon final judgment of conviction. Such sentence shall not be suspended nor shall the defendant be eligible for parole or probation.
(b) (1) Any person who, being confined in a detention facility, intentionally or recklessly causes serious physical injury to a correctional officer, other state employee of a detention facility acting in the lawful performance of duties, any other person confined in a detention facility or any other person at a detention facility or other place having custody of such person shall be guilty of a class B felony.
(2) Notwithstanding Chapter 45 of this title, any person convicted for a violation of this subsection shall be imprisoned for a mandatory minimum period of 3 years which shall commence upon final judgment of conviction. Such sentence shall not be suspended nor shall the defendant be eligible for parole or probation.
(c) (1) Any person who, being confined in a detention facility, intentionally or recklessly strikes with urine, feces or other bodily fluid a correctional officer or other state employee of a detention facility acting in the lawful performance of duties or any other person at a detention facility or other place having custody of such person, other than another person confined at a detention facility shall be guilty of a class D felony.
(2) Notwithstanding Chapter 45 of this title, any person convicted for a violation of this subsection shall be imprisoned for a mandatory minimum period of 1 year, which shall commence upon final conviction. Such sentence shall not be suspended nor shall the defendant be eligible for parole or probation.
(3) When charged with a violation of this subsection, the defendant shall be tested for diseases transmittable through bodily fluids, the cost of such tests to be assessed as costs upon conviction. The results of such tests shall be provided only to the Attorney General, the victim of the assault, the defendant and the Department’s medical care provider.
(d) The execution and operation of the sentence for any other crime causing such original confinement shall, upon the commencement of the sentence for a violation of this section, be placed in suspension, to be continued only after completion of the sentence for the violation of this section.
59 Del. Laws, c. 247,
§
1;
67 Del. Laws, c. 130,
§
8;
70 Del. Laws, c. 186,
§
1;
71 Del. Laws, c. 88,
§§
1-3;
72 Del. Laws, c. 12,
§§
1-3;
81 Del. Laws, c. 167,
§
1;
84 Del. Laws, c. 233,
§
13;
Notes of Decisions
Cited in
8
cases (
3 in the last 5 years), 2011–2025 · leading case:
State v. Melendez (Del. Super. Ct. 2024).
State v. Melendez (Del. Super. Ct. 2024).
· cites it 7× “”22 (7) In support of his Motion Melendez argues: (1) he was found guilty of Assault in a Detention Facility pursuant to 11 Del. C. § 1254(a) but was sentenced under 11 Del.”
Carlo v. State (Del. 2016).
· cites it 2× “1 11 Del. C. § 1254. 2 11 Del. C. § 1253. 2.”
Salaberrios v. State (Del. 2017).
· cites it 2× “Appellate counsel has advised the Court that he provided Salaberrios with a copy of the motion to withdraw, the no-merit brief and appendix in draft form, and a letter requesting that Salaberrios 1 See 11 Del. C. § 1254(a) (“Any person who, being confined in a detention…”
Roten v. State (Del. 2019).
“§ 4205(b)(2) (providing the sentencing range of two to twenty-five years at Level V for a class B felony); 11 Del. C. § 1254(b) (providing that Assault in a Detention Facility is a Class B felony if the victim is seriously physically injured).”
State v. Carter (Del. Super. Ct. 2022).
“” The testimony consisted of a correctional officer assigned to Mr. Carter’s food deliver who explained that when she opened a door to give him food, he tossed a container with a mixture of both urine and feces on her, said concoction staining her uniform, duly photographed for…”
Melendez v. State (Del. 2025).
“1 (3) In August 2023, Melendez moved for the correction of an illegal sentence under Superior Court Criminal Rule 35(a), arguing in part that although he had been indicted for assault at a detention center under 11 Del. C. § 1254(a)—a Class D felony subject to a sentencing range…”
Holland v. Bramble, 775 F. Supp. 2d 748 (D. Del. 2011).
“at A00034-35) On November 30, 2004, plaintiff in fact “was arrested on charges of Assault in Detention Center,” 11 Del. C. § 1254, and committed to the Correctional Center on $5,000 cash only bond.”
Blunt v. State (Del. 2015).
“2 11 Del. C. § 1254. 3 11 Del. C. §53l;see also 11 Del.”
— 11 Del. C. § 1254(a) — 4 cases
State v. Melendez (Del. Super. Ct. 2024).
“”22 (7) In support of his Motion Melendez argues: (1) he was found guilty of Assault in a Detention Facility pursuant to 11 Del. C. § 1254(a) but was sentenced under 11 Del.”
Salaberrios v. State (Del. 2017).
“Appellate counsel has advised the Court that he provided Salaberrios with a copy of the motion to withdraw, the no-merit brief and appendix in draft form, and a letter requesting that Salaberrios 1 See 11 Del. C. § 1254(a) (“Any person who, being confined in a detention…”
Carlo v. State (Del. 2016).
“1 11 Del. C. § 1254. 2 11 Del. C. § 1253. 2.”
Melendez v. State (Del. 2025).
“1 (3) In August 2023, Melendez moved for the correction of an illegal sentence under Superior Court Criminal Rule 35(a), arguing in part that although he had been indicted for assault at a detention center under 11 Del. C. § 1254(a)—a Class D felony subject to a sentencing range…”
— 11 Del. C. § 1254(b) — 2 cases
State v. Melendez (Del. Super. Ct. 2024).
“”22 (7) In support of his Motion Melendez argues: (1) he was found guilty of Assault in a Detention Facility pursuant to 11 Del. C. § 1254(a) but was sentenced under 11 Del.”
Roten v. State (Del. 2019).
“§ 4205(b)(2) (providing the sentencing range of two to twenty-five years at Level V for a class B felony); 11 Del. C. § 1254(b) (providing that Assault in a Detention Facility is a Class B felony if the victim is seriously physically injured).”
— 11 Del. C. § 1254(c) — 1 case
State v. Carter (Del. Super. Ct. 2022).
“” The testimony consisted of a correctional officer assigned to Mr. Carter’s food deliver who explained that when she opened a door to give him food, he tossed a container with a mixture of both urine and feces on her, said concoction staining her uniform, duly photographed for…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.