Delaware Code

11 Del. C. § 621 (2026)

Terroristic threatening

✓ current as of May 2026
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(a) A person is guilty of terroristic threatening when that person commits any of the following:

(1) The person threatens to commit any crime likely to result in death or in serious injury to person or property;

(2) The person makes a false statement or statements:

a. Knowing that the statement or statements are likely to cause evacuation of a building, place of assembly, or facility of public transportation;

b. Knowing that the statement or statements are likely to cause serious inconvenience; or

c. In reckless disregard of the risk of causing terror or serious inconvenience; or

(3) The person commits an act with intent of causing an individual to believe that the individual has been exposed to a substance that will cause the individual death or serious injury.

(b) Any violation of paragraph (a)(1) of this section shall be a class A misdemeanor except where the victim is a person 62 years of age or older, in which case any violation of paragraph (a)(1) of this section shall be a class G felony. Any violation of paragraph (a)(2)a. of this section shall be a class E felony. Any violation of paragraph (a)(2)b. or c. of this section shall be a class G felony unless the place at which the risk of serious inconvenience or terror is created is a place that has the purpose, in whole or in part, of acting as a daycare facility, nursery or preschool, kindergarten, elementary, secondary or vocational-technical school, or any long-term care facility in which elderly persons are housed, in which case it shall be a class F felony. Any violation of paragraph (a)(3) of this section shall be a class F felony. Notwithstanding any provision of this subsection to the contrary, a first offense of paragraph (a)(2) of this section by a person 17 years old or younger shall be a class A misdemeanor.

(c) In addition to the penalties otherwise authorized by law, any person convicted of an offense in violation of paragraph (a)(2) of this section shall:

(1) Pay a fine of not less than $1,000 nor more than $2,500, which fine cannot be suspended; and

(2) Be sentenced to perform a minimum of 100 hours of community service.

(d) In addition to the penalties otherwise authorized by law, any person convicted of an offense in violation of paragraph (a)(3) of this section shall pay a fine of not less than $2,000, which fine cannot be suspended.

11 Del. C. 1953, §  621;  58 Del. Laws, c. 497, §  167 Del. Laws, c. 130, §  870 Del. Laws, c. 186, §  170 Del. Laws, c. 330, §  173 Del. Laws, c. 126, §§  5, 673 Del. Laws, c. 255, §  180 Del. Laws, c. 14, §  1
Notes of Decisions
Cited in 7 cases (2 in the last 5 years), 1986–2025 · leading case: Heine v. Connelly, 644 F. Supp. 1508 (D. Del. 1986).
Heine v. Connelly, 644 F. Supp. 1508 (D. Del. 1986). “§ 822 and 11 Del.C. § 621 respectively. On July 25, 1982, Heine appeared before Justice of the Peace Ahern.”
State v. Andrews, 900 A.2d 156 (Del. Fm. Ct. 2006). · cites it 2× “LEGAL ANALYSIS Is Delaware’s Terroristic Threatening Statute Triggered On the Facts of the Case? Delaware’s Terroristic Threatening Statute, located at 11 Del. C. § 621, provides in pertinent part: (a) A person is guilty of terroristic threatening when he or she commits any of…”
Jewell v. State (Del. 2025). · cites it 3× “Requiring the State to prove subjective intent in stalking cases based on speech also harmonizes what the State must prove under Section 1312 with our interpretation of our terroristic threatening statute, 11 Del. C. § 621. Our construction of that statute “exempts statements…”
Boyd v. State Univ., 110 A.D.3d 1174 (N.Y. App. Div. 2013). “Notably, the officer’s explanation of the crimes contained a substantially abridged and differing set of elements from those found in the Delaware Criminal Code (see 11 Del Code §§ 621, 1311).”
State v. Wilkerson (Del. Super. Ct. 2021). “2 11 Del. C. §621(a)(1). 3 11 Del. C. §1102 (a)(4).”
Delaware v. Smith, 644 F. Supp. 2d 475 (D. Del. 2009). “” Family Court documents attached to the Notice of Removal include an Adult Complaint And Warrant charging Defendant with terroristic threatening in violation of 11 Del. C. § 621(a)(1), Case No. 0905000485, and a Notice of Hearing for an arraignment to take place on June 1,…”
Boyd v. State Univ., 110 A.D.3d 1174 (N.Y. App. Div. 2013). “Notably, the officer’s explanation of the crimes contained a substantially abridged and differing set of elements from those found in the Delaware Criminal Code (see 11 Del Code §§ 621, 1311).”
— 11 Del. C. § 621(a) — 1 case
Jewell v. State (Del. 2025). “Requiring the State to prove subjective intent in stalking cases based on speech also harmonizes what the State must prove under Section 1312 with our interpretation of our terroristic threatening statute, 11 Del. C. § 621. Our construction of that statute “exempts statements…”
— 11 Del. C. § 621(a)(1) — 3 cases
State v. Wilkerson (Del. Super. Ct. 2021). “2 11 Del. C. §621(a)(1). 3 11 Del. C. §1102 (a)(4).”
Jewell v. State (Del. 2025). “Requiring the State to prove subjective intent in stalking cases based on speech also harmonizes what the State must prove under Section 1312 with our interpretation of our terroristic threatening statute, 11 Del. C. § 621. Our construction of that statute “exempts statements…”
Delaware v. Smith, 644 F. Supp. 2d 475 (D. Del. 2009). “” Family Court documents attached to the Notice of Removal include an Adult Complaint And Warrant charging Defendant with terroristic threatening in violation of 11 Del. C. § 621(a)(1), Case No. 0905000485, and a Notice of Hearing for an arraignment to take place on June 1,…”
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