Delaware Code

11 Del. C. § 634 (2026)

Murder by abuse or neglect in the first degree; class A felony

✓ current as of May 2026

Find cases: SyfertCases citing this section DE-DELCdelcode.delaware.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

(a) A person is guilty of murder by abuse or neglect in the first degree when the person recklessly causes the death of a child:

(1) Through an act of abuse and/or neglect of such child; or

(2) When the person has engaged in a previous pattern of abuse and/or neglect of such child.

(b) For the purpose of this section:

(1) “Abuse” and “neglect” shall have the same meaning as set forth in § 1100 of this title.

(2) “Child” shall refer to any person who has not yet reached that person’s fourteenth birthday.

(3) “Previous pattern” of abuse and/or neglect shall mean 2 or more incidents of conduct:

a. That constitute an act of abuse and/or neglect; and

b. Are not so closely related to each other or connected in point of time and place that they constitute a single event.

(c) A conviction is not required for an act of abuse or neglect to be used in prosecution of a matter under this section including an act used as proof of the previous pattern as defined in paragraph (b)(3) of this section. A conviction for any act of abuse or neglect including one which may be relied upon to establish the previous pattern of abuse and/or neglect does not preclude prosecution under this section. Prosecution under this section does not preclude prosecution under any other section of the Code.

(d) Murder by abuse or neglect in the first degree is a class A felony.

70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 266, § 2; 72 Del. Laws, c. 197, §§ 5, 6; 78 Del. Laws, c. 406, § 1;

Notes of Decisions

Cited in 3 cases (2 in the last 5 years), 2015–2026 · leading case: State of Delaware v. Gallaway. (Del. Super. Ct. 2015).

Sort: Relevance Newest Treatment

State of Delaware v. Gallaway. (Del. Super. Ct. 2015). · cites it 2× “Gallaway was charged with, and found guilty of, murder by abuse or neglect in the first degree, in violation of 11 Del. C. § 634(a)(1),1 in connection with the death of his three-month-old daughter, Marissa Gallaway (“Marissa”).”

El-Abbadi v. State (Del. 2024). “69 11 Del. C. § 634(a). 70 11 Del. C. § 231(e).”

State v. El-Abbadi (Del. Super. Ct. 2026). “11 The victim, three-year-old Julian Cepeda, succumbed to the fatal injuries caused by Defendant, and on March 2, 2020, the State dismissed the Child Abuse First Degree charge and indicted Defendant for Murder by Abuse or Neglect First Degree, in violation of 11 Del. C. § 634.…”

— 11 Del. C. § 634(a) — 1 case

El-Abbadi v. State (Del. 2024). “69 11 Del. C. § 634(a). 70 11 Del. C. § 231(e).”

— 11 Del. C. § 634(a)(1) — 1 case

State of Delaware v. Gallaway. (Del. Super. Ct. 2015). “Gallaway was charged with, and found guilty of, murder by abuse or neglect in the first degree, in violation of 11 Del. C. § 634(a)(1),1 in connection with the death of his three-month-old daughter, Marissa Gallaway (“Marissa”).”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.