Delaware Code

11 Del. C. § 631 (2026)

Criminally negligent homicide; class D felony

✓ current as of May 2026
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A person is guilty of criminally negligent homicide when, with criminal negligence, the person causes the death of another person.

Criminally negligent homicide is a class D felony.

11 Del. C. 1953, §  631;  58 Del. Laws, c. 497, §  167 Del. Laws, c. 130, §  870 Del. Laws, c. 186, §  178 Del. Laws, c. 168, §  5
Notes of Decisions
Cited in 8 cases (2 in the last 5 years), 1963–2024 · leading case: Roadway Express, Inc. v. United States, 213 F. Supp. 868 (D. Del. 1963).
Roadway Express, Inc. v. United States, 213 F. Supp. 868 (D. Del. 1963). · cites it 2× “The two Commissioners who dissented from Western Express noted that their "approval of the report is predicated solely upon the view that the majority holdings in the Western Express case now represent the law on the subject, although the conclusions in the dissent * * * [in…”
State v. Robinson, 251 A.2d 552 (Del. 1969). “§ 635), grand larceny (11 Del.C. § 631). In this connection, to be noted is 11 Del.”
Brooks v. State, 229 A.2d 833 (Del. 1967). “11 Del.C. § 631. He charges that his confession was improperly admitted into evidence because it was involuntary and was made without his having been informed of his rights to remain silent and to have counsel, as required by Miranda v.”
El-Abbadi v. State (Del. 2024). · cites it 2× “Similarly, Criminally Negligent Homicide, a class D felony, is defined in 11 Del. C. § 631 and 73 11 Del. C. § 633(a).”
Smith v. State, 248 A.2d 146 (Del. 1968). “2d 719 , we stated that no appeal had been taken from the larceny conviction, 11 Del.C. § 631. This statement was an error, caused by the failure of these briefs to mention the larceny case.”
Laws v. Handy (Del. Super. Ct. 2020). “”12 Plaintiffs’ motion must be denied because Plaintiffs have failed to satisfy their initial burden of showing that they are entitled to judgment as a matter of law based on the doctrine of collateral estoppel.”
Winningham v. State (Del. 2023). “The Court concluded that the defendant’s physical attack of the victim – an altercation in a high school bathroom not involving a weapon – did not amount to criminal negligence because it did not pose a risk of death so apparent that it was grossly deviant of the defendant to…”
State of Delaware v. Pardo. (Del. Super. Ct. 2015). “See 11 Del. C. § 631. 16 • Defendant conceded in open court that while driving by straddling the double yellow line may be safer for him, it does not take into account, nor is it safer for, other persons, vehicles, or bicycles traveling in the opposite direction.”
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