Delaware Code

11 Del. C. § 1311 (2026)

Harassment; class A misdemeanor

✓ current as of May 2026

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(a) A person is guilty of harassment when, with intent to harass, annoy or alarm another person:

(1) That person insults, taunts or challenges another person or engages in any other course of alarming or distressing conduct which serves no legitimate purpose and is in a manner which the person knows is likely to provoke a violent or disorderly response or cause a reasonable person to suffer fear, alarm, or distress;

(2) Communicates with a person by telephone, telegraph, mail or any other form of written or electronic communication in a manner which the person knows is likely to cause annoyance or alarm including, but not limited to, intrastate telephone calls initiated by vendors for the purpose of selling goods or services;

(3) Knowingly permits any telephone under that person’s control to be used for a purpose prohibited by this section;

(4) In the course of a telephone call that person uses obscene language or language suggesting that the recipient of the call engage with that person or another person in sexual relations of any sort, knowing that the person is thereby likely to cause annoyance or alarm to the recipient of the call; or

(5) Makes repeated or anonymous telephone calls to another person whether or not conversation ensues, knowing that person is thereby likely to cause annoyance or alarm.

(b) Harassment is a class A misdemeanor.

11 Del. C. 1953, § 1311; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 316, § 3; 74 Del. Laws, c. 362, § 1; 76 Del. Laws, c. 343, §§ 1, 2;

Notes of Decisions

Cited in 14 cases (6 in the last 5 years), 2011–2026 · leading case: Ashley Adams v. Eric Selhorst, Et Ql, 449 F. App'x 198 (3rd Cir. 2011).

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Ashley Adams v. Eric Selhorst, Et Ql, 449 F. App'x 198 (3rd Cir. 2011). “See 11 Del. C. § 1311(a)(2). After the warrant was signed by a judge, Officer Selhorst had it filed by a data officer.”

Christina Paoli v. Stetser, 651 F. App'x 123 (3rd Cir. 2016). “Stetser arrested Paoli for harassment in violation of 11 Del. C. § 1311. He transported Paoli to a Justice of the Peáce, where she was arraigned and ordered to have no contact with the residents of Unit 303.”

Boyd v. State Univ., 110 A.D.3d 1174 (N.Y. App. Div. 2013). “Notably, Delaware law sets forth a number of different courses of conduct that may constitute the crime of harassment (see 11 Del Code § 1311 [a] [1], [2], [3], [4], [5]) and terroristic threatening (see 11 Del Code § 621 [a] Cl], [2], [3]).”

Theresa Washington v. Sinina Talley, Wendy Scott & Danny Washington (Del. Ct. Com. Pl. 2017). “9 Harassment is a crime under Delaware’s criminal code as set forth in 11 Del. C. § 1311. However, as the Delaware Supreme Court has held, where a statute does not expressly create or deny a private cause of action, the Court must determine whether the General Assembly 9 See…”

State v. Nastatos (Del. Super. Ct. 2019). “Specifically, he claims that trial counsel Was ineffective for: (1) failure to limit references to prior bad acts (incarceration) and mental health issues and to request a l11 Del. C. § 1311. 211Del.C.§.1312. 311Del.”

State v. Nastatos (Del. Super. Ct. 2019). “Specifically, he claims that trial counsel was ineffective for: (1) failure to limit references to prior bad acts (incarceration) and mental health issues and to request a 111 Del. C.§ 1311. 211 Del. C.§ 1312. 311 Del.”

Beck v. Greim (Del. Super. Ct. 2019). “§ 1311(a) A person is guilty of harassment when, with intent to harass, annoy or alarm another person: (1) That person insults, taunts or challenges another person or engages in any other course of alarming or distressing conduct which serves no legitimate purpose and is in a…”

Bobilin v. State (Del. 2023). “10 See 11 Del. C. § 1311(a) (“A person is guilty of harassment when, with intent to harass, annoy, or alarm another person: (1) That person insults, taunts or challenges another person or engages in any other course of alarming or distressing conduct which serves no legitimate…”

Perecca v. State (Del. 2023). “Traynor Justice 10 See 11 Del. C. § 1311(a) (“A person is guilty of harassment when, with intent to harass, annoy, or alarm another person: (1) That person insults, taunts or challenges another person or engages in any other course of alarming or distressing conduct which serves…”

Valentin v. Wysock (D. Del. 2023). “11 Del. C. § 1311. As the Delaware Supreme Court has explained, criminal statutes like § 1311 “impose general prohibitions,” suggesting that they do not “create rights for a particular group of citizens, but … protect the public at large.”

Nastatos v. May (D. Del. 2023). “See 11 Del. Code §§ 1311(b) and 4206(a). 29 The Superior Court sentenced Petitioner for harassment and for nine of the NCBC convictions to one year in prison, and to one year of probation for each of the seven remaining NCBC convictions.”

Jewell v. State (Del. 2025). “§ 1312(a) (stalking); 11 Del. C. § 1311(a)(2) (harassment); 11 Del.”

Show all 14 citing cases →

— 11 Del. C. § 1311(a) — 3 cases

— 11 Del. C. § 1311(a)(2) — 2 cases

Ashley Adams v. Eric Selhorst, Et Ql, 449 F. App'x 198 (3rd Cir. 2011). “See 11 Del. C. § 1311(a)(2). After the warrant was signed by a judge, Officer Selhorst had it filed by a data officer.”

Jewell v. State (Del. 2025). “§ 1312(a) (stalking); 11 Del. C. § 1311(a)(2) (harassment); 11 Del.”

— 11 Del. C. § 1311(b) — 1 case

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