Delaware Code

11 Del. C. § 233 (2026)

Definition and classification of offenses

✓ current as of May 2026

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(a) “Crime” or “offense” means an act or omission forbidden by a statute of this State and punishable upon conviction by:

(1) Imprisonment; or

(2) Fine; or

(3) Removal from office; or

(4) Disqualification to hold any office of trust, honor or profit under the State; or

(5) Other penal discipline.

(b) An act or omission is forbidden by a statute of this State if a statute makes the act or omission punishable by any form of punishment mentioned in subsection (a) of this section.

(c) An offense is either a felony, a misdemeanor or a violation. Any offense not specifically designated by law to be a felony or a violation is a misdemeanor.

11 Del. C. 1953, § 233; 58 Del. Laws, c. 497, § 1;

Notes of Decisions

Cited in 2 cases, 1976–2014 · leading case: Fuller v. State, 104 A.3d 817 (Del. 2014).

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Fuller v. State, 104 A.3d 817 (Del. 2014). · cites it 3× “5 Section 233(a) defines “„crime‟ or „offense‟ [as] an act or omission forbidden by a statute of this State and punishable upon conviction by: (1) Imprisonment; or (2) Fine.” 6 Section 233(c) of Title 11 explains that “[a]n offense is either a felony, a misdemeanor or a…”

State v. Adams, 364 A.2d 1237 (Del. Super. Ct. 1976). · cites it 2× “11 Del.C. § 233. Clearly, there is no requirement that each substance be dealt with in a separate section of the statute in order for a separate crime to be created.”

— 11 Del. C. § 233(a) — 1 case

Fuller v. State, 104 A.3d 817 (Del. 2014). “5 Section 233(a) defines “„crime‟ or „offense‟ [as] an act or omission forbidden by a statute of this State and punishable upon conviction by: (1) Imprisonment; or (2) Fine.” 6 Section 233(c) of Title 11 explains that “[a]n offense is either a felony, a misdemeanor or a…”

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