Delaware Code

11 Del. C. § 1304 (2026)

Hate crimes; class A misdemeanor, class G felony, class F felony, class E felony, class D felony, class C felony, class B felony, class A felony

✓ current as of May 2026

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(a) Any person who commits, or attempts to commit, any crime as defined by the laws of this State, and who intentionally does any of the following is guilty of a hate crime:

(1) Commits the crime for the purpose of interfering with the victim’s free exercise or enjoyment of any right, privilege, or immunity protected by the First Amendment to the United States Constitution, or commits the crime because the victim has exercised or enjoyed a First Amendment right, privilege, or immunity.

(2) Commits the crime and is motivated in whole or in part by a belief or perception regarding the race, religion, color, disability, sexual orientation, sex, age, gender identity, national origin, or ancestry of a person or group, regardless of whether the belief or perception is accurate.

(b) For purposes of this section:

(1) “Group” includes an organization or association of persons, whether formal or informal.

(2) “Protective hairstyle” includes braids, locks, and twists.

(3) “Race” includes traits historically associated with race, including hair texture and protective hairstyle.

(1) If the underlying offense is a violation or unclassified misdemeanor, the hate crime is a class A misdemeanor;

(2) If the underlying offense is a class A, B, or C misdemeanor, the hate crime is a class G felony;

(3) If the underlying offense is a class C, D, E, F, or G felony, the hate crime is 1 grade higher than the underlying offense;

(4) If the underlying offense is a class A or B felony, the hate crime is the same grade as the underlying offense, and the minimum sentence of imprisonment required for the underlying offense must be doubled.

(d) The Superior Court has exclusive jurisdiction over a violation of this section.

70 Del. Laws, c. 138, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 175, §§ 1, 2; 79 Del. Laws, c. 47, § 15; 83 Del. Laws, c. 13, § 8; 83 Del. Laws, c. 195, § 3; 83 Del. Laws, c. 477, § 1; 84 Del. Laws, c. 215, § 3;

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2006–2022 · leading case: State v. Andrews, 900 A.2d 156 (Del. Fm. Ct. 2006).

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State v. Andrews, 900 A.2d 156 (Del. Fm. Ct. 2006). · cites it 2× “Is Delaware’s Hate Crime Statute Triggered On the Facts of the Instant Case? Delaware’s Hate Crime Statute, lo-' cated at 11 Del. C. § 1304, provides in pertinent part: (a) Any person who commits, or attempts to commit, any crime as defined by the laws of this State, and who…”

Mai v. Troxler (D. Del. 2022). · cites it 3× “To the extent she attempts to impose criminal liability upon Defendants pursuant to Delaware Criminal Statutes, 11 Del. C. § 1304 (hate crimes), § 763 (sexual harassment), and § 1258 (escape and offenses relating to custody), Plaintiff lacks standing to proceed.”

— 11 Del. C. § 1304(a) — 1 case

Mai v. Troxler (D. Del. 2022). “To the extent she attempts to impose criminal liability upon Defendants pursuant to Delaware Criminal Statutes, 11 Del. C. § 1304 (hate crimes), § 763 (sexual harassment), and § 1258 (escape and offenses relating to custody), Plaintiff lacks standing to proceed.”

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