Del. C. » Title 11 — Delaware Criminal Code · CHAPTER 5. Specific Offenses · Crimes and Criminal Procedure
Delaware Code

11 Del. C. § 1258 (2026)

Escape and offenses relating to custody; definitions

✓ current as of May 2026
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As used in §§ 1251-1257 of this title:

(1) “Contraband” means any intoxicating liquor or drug prohibited under Chapter 47 of Title 16, except as prescribed by a physician for medical treatment; tobacco; nicotine products; any money without the knowledge or consent of the Department of Health and Social Services or the Department of Correction; or any deadly weapon or part thereof or any instrument or article which may be used to effect an escape.

(2) “Custody” means restraint by a public servant pursuant to an arrest, detention or an order of a court.

(3) “Detention facility” means any place used for the confinement of a person:

a. Charged with or convicted of an offense; or

b. Charged with being a delinquent child as defined in § 901 of Title 10; or

c. Held for extradition or as a material witness; or

d. Otherwise confined pursuant to an order of a court.

(4) “Escape” means departure from the place in which the actor is held or detained with knowledge that such departure is unpermitted.

(5) “Other place having custody of such person” includes, but is not limited to, any building, facility, structure, vehicle or property in which a person may be placed while in custody, whether temporarily or permanently and regardless of whether such building, facility, structure, vehicle or property is owned or controlled by the Department of Correction or any other state agency.

11 Del. C. 1953, §  1258;  58 Del. Laws, c. 497, §  1;  72 Del. Laws, c. 12, §  4;  79 Del. Laws, c. 367, §  1;  81 Del. Laws, c. 79, § 10; 
Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 1976–2022 · leading case: Smith v. State, 361 A.2d 237 (Del. 1976).
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Smith v. State, 361 A.2d 237 (Del. 1976). “11 Del.C. § 1258(2) defines custody as “restraint by a public servant pursuant to an arrest, detention, or an order of court.”
Mai v. Troxler (D. Del. 2022). “§§ 6504, 6506(a), 6529(b); 11 Del. C. §§ 1258, 6517, and 6504 and 29 Del.”
11 Del. C. § 1258(2): 1 case
Smith v. State, 361 A.2d 237 (Del. 1976). “11 Del.C. § 1258(2) defines custody as “restraint by a public servant pursuant to an arrest, detention, or an order of court.”
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