Delaware Code
11 Del. C. § 822 (2026)
Criminal trespass in the second degree; unclassified misdemeanor
✓ current as of May 2026
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A person is guilty of criminal trespass in the second degree when the person knowingly enters or remains unlawfully in a building or upon real property which is fenced or otherwise enclosed in a manner manifestly designed to exclude intruders.
Criminal trespass in the second degree is an unclassified misdemeanor.
11 Del. C. 1953, § 822; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1;Notes of Decisions
Cited in 5
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). “These acts violate 11 Del.C. § 822 and 11 Del.C. § 621 respectively.”
McLaughlin v. Carroll, 270 F. Supp. 2d 490 (D. Del. 2003). “According to 11 Del.Code Ann. § 822, a person is guilty of criminal trespass in the second degree when the person knowingly enters or remains unlawfully in a building .”
Bouyer-Bello v. State of Delaware (Del. 2021). “NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court, insofar as it pertains to the finding of the violation of probation, is 7 11 Del. C. § 822. 8 Id. § 4206(c). 9 Id. 10 Id.”
Ross v. State (Del. 2025). “Ross’s defense at trial was that the State did not prove that he sent the text messages underlying the stalking 15 11 Del. C. § 822. 16 11 Del. C. § 222(1).”
Quill v. State (Del. 2014). “5 11 Del. C. § 822. 6 Kane v. State, 2013 WL 5519823 , at *2 (Del.”
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