(a) A person is guilty of offensive touching when the person:
(1) Intentionally touches another person either with a member of his or her body or with any instrument, knowing that the person is thereby likely to cause offense or alarm to such other person; or
(2) Intentionally strikes another person with saliva, urine, feces or any other bodily fluid, knowing that the person is thereby likely to cause offense or alarm to such other person.
(b) When charged with a violation of paragraph (a)(2) of this section, the defendant shall be tested for diseases transmittable through bodily fluids, the cost of such tests to be assessed as costs upon conviction. The results of such tests shall be provided only to the Attorney General, the victim of the offense, the defendant and the Department of Correction’s medical care provider.
(c) Any violation of paragraph (a)(1) of this section shall be an unclassified misdemeanor. Notwithstanding the above, any violation of paragraph (a)(1) of this section shall be a class A misdemeanor when the victim is acting in the lawful performance of the victim’s duty as 1 of the following: law-enforcement officer, hospital or nursing home employee, physician, medical professional, ambulance attendant, emergency medical technician, advanced emergency medical technician, paramedic, Delaware State Fire Police Officer, correctional officer, volunteer firefighter or full-time firefighter. Any violation of paragraph (a)(2) of this section shall be a class A misdemeanor.
11 Del. C. 1953,
§
601;
58 Del. Laws, c. 497,
§
1;
67 Del. Laws, c. 130,
§
8;
70 Del. Laws, c. 186,
§
1;
71 Del. Laws, c. 382,
§
1;
73 Del. Laws, c. 108,
§§
1, 2;
79 Del. Laws, c. 64,
§
1;
Notes of Decisions
Cited in
13
cases (
5 in the last 5 years), 2014–2026 · leading case:
State v. Fleetwood (Del. Super. Ct. 2018).
State v. Fleetwood (Del. Super. Ct. 2018).
· cites it 2× “§ 531; and one count of Offensive Touching as a lesser included offense of Assault in the Third Degree, 11 Del. C. § 601. Fleetwood Was found not guilty of Criminal Mischief.”
State of Delaware v. Felix Hutchinson (Del. Ct. Com. Pl. 2019).
· cites it 2× “CONCLUSION For the foregoing reasons, IT IS HEREBY ORDERED this 6th day of February, 2019, that Defendant be found GUILTY of Offensive Touching pursuant to 11 Del. C. § 601 (a)(l). The matter will be scheduled for sentencing before this Judicial officer.”
Addison v. State (Del. 2019).
· cites it 2× “13 11 Del. C. § 601(a)(1); see also Iverson v.”
State v. Harris (Del. Super. Ct. 2017).
“§ 612, two counts of Offensive Touching of Law Enforcement Officer lesser included offense of Assault Second Degree, 11 Del. C. § 601(a)(1), and one count of Resisting Arrest, 11 Del.”
Graham v. State (Del. 2017).
“12 11 Del. C. § 601(a). 4 standard.” The sufficiency-of-evidence standard focuses on whether any rational fact finder could have found the defendant guilty beyond a reasonable doubt.”
State of Delaware v. Felix Hutchinson (Del. Ct. Com. Pl. 2019).
“FACTS AND PROCEDURAL HISTORY On September 3, 2017, Defendant was charged with Offensive Touching, in violation of 11 Del. C. § 601(a)(1). The alleged offense took place June 30, 2016.”
State v. Salaberrios (Del. Super. Ct. 2020).
“Defendant has now presented a motion for relief under Rule 61, arguing that his trial counsel rendered ineffective assistance of counsel and asking for relief in 311 Del. C. § 601. 411 Del. C. § 206(b)(2).”
State v. Wilkerson (Del. Super. Ct. 2021).
“4 11 Del. C. §601(a)(1). 1 of cases relies on the principle of jury lenity coupled with sufficiency of the evidence.”
Cooling v. State (Del. 2023).
“at A99–100; 11 Del. C. § 601; Assault third degree from 1995 (Class A misdemeanor).”
Cohen v. Cohen (D. Del. 2022).
“§ 765; or (e) offensive touching under 11 Del. C. § 601. The jury found that Plaintiff had established her burden under each of the Delaware statutes at issue.”
Pumphrey v. May (D. Del. 2025).
“§ 832(a)(4)), and offensive touching (11 Del. C. § 601). In May 2017, Petitioner filed a motion in limine to exclude identification evidence, which the Superior Court denied.”
Rita Carnevale v. State (Del. Super. Ct. 2026).
“27 This satisfied the 26F elements of Offensive Touching under 11 Del. C. §601. As to whether the Defendant had shown that she was justified in touching Wilson under the Delaware law of self- 21 A143:3-4.”
— 11 Del. C. § 601(a) — 1 case
Graham v. State (Del. 2017).
“12 11 Del. C. § 601(a). 4 standard.” The sufficiency-of-evidence standard focuses on whether any rational fact finder could have found the defendant guilty beyond a reasonable doubt.”
— 11 Del. C. § 601(a)(1) — 4 cases
State v. Harris (Del. Super. Ct. 2017).
“§ 612, two counts of Offensive Touching of Law Enforcement Officer lesser included offense of Assault Second Degree, 11 Del. C. § 601(a)(1), and one count of Resisting Arrest, 11 Del.”
State of Delaware v. Felix Hutchinson (Del. Ct. Com. Pl. 2019).
“FACTS AND PROCEDURAL HISTORY On September 3, 2017, Defendant was charged with Offensive Touching, in violation of 11 Del. C. § 601(a)(1). The alleged offense took place June 30, 2016.”
State v. Wilkerson (Del. Super. Ct. 2021).
“4 11 Del. C. §601(a)(1). 1 of cases relies on the principle of jury lenity coupled with sufficiency of the evidence.”
— 11 Del. C. § 601(a)(l) — 1 case
State of Delaware v. Felix Hutchinson (Del. Ct. Com. Pl. 2019).
“CONCLUSION For the foregoing reasons, IT IS HEREBY ORDERED this 6th day of February, 2019, that Defendant be found GUILTY of Offensive Touching pursuant to 11 Del. C. § 601 (a)(l). The matter will be scheduled for sentencing before this Judicial officer.”
— 11 Del. C. § 601(c) — 1 case
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