A person is guilty of criminal contempt when the person engages in any of the following conduct:
(1) Disorderly, contemptuous or insolent behavior, committed during the sitting of a court, in its immediate view and presence, and directly tending to interrupt its proceedings or to impair the respect due to its authority; or
(2) Breach of the peace, noise or other disturbance directly tending to interrupt a court’s proceedings; or
(3) Intentional disobedience or resistance to the process, injunction or other mandate of a court; or
(4) Contumacious refusal to be sworn as a witness in any court proceeding or, after being sworn, to answer any proper interrogatory; or
(5) Knowingly publishing a false or grossly inaccurate report of a court’s proceedings; or
(6) Intentional refusal to serve as a juror; or
(7) Intentional and unexcused failure by a juror to attend a trial at which the person has been chosen to serve as a juror; or
(8) Intentional failure to appear personally on the required date, having been released from custody, with or without bail, by court order or by other lawful authority, upon condition that the person will subsequently appear personally in connection with a criminal action or proceeding.
Criminal contempt is a class A misdemeanor, except for violations of paragraph (1) of this section. A violation of paragraph (1) of this section shall be a class B misdemeanor.
11 Del. C. 1953,
§
1211;
58 Del. Laws, c. 497,
§
1;
67 Del. Laws, c. 130,
§
8;
70 Del. Laws, c. 186,
§
1;
Notes of Decisions
Cited in
10
cases (
2 in the last 5 years), 1974–2025 · leading case:
In the Matter of Butler, 609 A.2d 1080 (Del. 1992).
In the Matter of Butler, 609 A.2d 1080 (Del. 1992).
“A criminal contempt under 11 Del.C. § 1271(1) may be punished summarily if the judge certifies that the judge saw or heard the conduct constituting the contempt and that it was committed in the actual presence of the court.”
Delaware State Bar Ass'n v. Alexander, 386 A.2d 652 (Del. 1978).
“11 Del.C. § 1271 provides in pertinent part: “A person is guilty of criminal contempt when he engages in any of the following conduct: ****** “(3) Intentional disobedience of resistance to the process, injunction, or other mandate of a court; * * Such criminal contempt is…”
In Re Joseph A. Hurley (Del. 2020).
· cites it 3× “30 The power is “essential to the administration of justice,” and exercising it may be necessary to impose respect and decorum in the courtroom.”
In Re Joseph A. Hurley (Del. Super. Ct. 2019).
· cites it 2× “On July 9, 2019, this Court found Hurley in criminal contempt under 11 Del. C. § 1271(1) and imposed a sanction of $1,000.”
In Re Joseph A. Hurley (Del. Super. Ct. 2019).
· cites it 2× “Hurley, Esquire This 17th day of July, 2019, upon consideration of the record in this case and the applicable legal authorities, including 11 Del. C. § 1271 and Rule 42 of the Superior Court Rules of Criminal Procedure, it appears to the Court that: l, On March 15, 2018, Joseph…”
State v. Robinson (Del. Super. Ct. 2018).
“49 11 Del. C. § 1271(3) (providing that a person is guilty of criminal contempt, a Class A misdemeanor, when the person engages in “intentional disobedience or resistance to the process, injunction, or other mandate of a court”).”
State v. Rumpff (Del. Super. Ct. 2023).
“; 11 Del. C. § 1271. 3 D.I. 9, Ex. A. He did not comply, thus violating the order.”
Mergenthaler v. Triumph Mortg. Corp (Del. Super. Ct. 2025).
“As a sanction, Plaintiff seeks “[a]n Order incarcerating Defendant or its officers under 11 Del. C. §1271(3), based on Defendant’s violation of 11 Del.”
Smith v. Delaware State Police (Del. Super. Ct. 2014).
“26 There was no evidence that Defendant Fausey arrested or imprisoned Plaintiff for any crime.”
State v. Payne, 329 A.2d 157 (Del. Super. Ct. 1974).
“Motion to dismiss two counts of criminal contempt in violation of 11 Del.C. § 1271(1). Count One states that Ronald Payne, on or about the 29th of January, 1974, committed “contemptuous behavior in the immediate view of Judge Robert C.”
— 11 Del. C. § 1271(1) — 5 cases
In the Matter of Butler, 609 A.2d 1080 (Del. 1992).
“A criminal contempt under 11 Del.C. § 1271(1) may be punished summarily if the judge certifies that the judge saw or heard the conduct constituting the contempt and that it was committed in the actual presence of the court.”
In Re Joseph A. Hurley (Del. Super. Ct. 2019).
“On July 9, 2019, this Court found Hurley in criminal contempt under 11 Del. C. § 1271(1) and imposed a sanction of $1,000.”
In Re Joseph A. Hurley (Del. 2020).
“30 The power is “essential to the administration of justice,” and exercising it may be necessary to impose respect and decorum in the courtroom.”
In Re Joseph A. Hurley (Del. Super. Ct. 2019).
“Hurley, Esquire This 17th day of July, 2019, upon consideration of the record in this case and the applicable legal authorities, including 11 Del. C. § 1271 and Rule 42 of the Superior Court Rules of Criminal Procedure, it appears to the Court that: l, On March 15, 2018, Joseph…”
State v. Payne, 329 A.2d 157 (Del. Super. Ct. 1974).
“Motion to dismiss two counts of criminal contempt in violation of 11 Del.C. § 1271(1). Count One states that Ronald Payne, on or about the 29th of January, 1974, committed “contemptuous behavior in the immediate view of Judge Robert C.”
— 11 Del. C. § 1271(3) — 2 cases
State v. Robinson (Del. Super. Ct. 2018).
“49 11 Del. C. § 1271(3) (providing that a person is guilty of criminal contempt, a Class A misdemeanor, when the person engages in “intentional disobedience or resistance to the process, injunction, or other mandate of a court”).”
Mergenthaler v. Triumph Mortg. Corp (Del. Super. Ct. 2025).
“As a sanction, Plaintiff seeks “[a]n Order incarcerating Defendant or its officers under 11 Del. C. §1271(3), based on Defendant’s violation of 11 Del.”
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