Delaware Code

11 Del. C. § 823 (2026)

Criminal trespass in the first degree; class A misdemeanor

✓ current as of May 2026

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

A person is guilty of criminal trespass in the first degree when the person knowingly enters or remains unlawfully in a dwelling or building used to shelter, house, milk, raise, feed, breed, study or exhibit animals.

Criminal trespass in the first degree is a class A misdemeanor.

11 Del. C. 1953, § 823; 58 Del. Laws, c. 497, § 1; 65 Del. Laws, c. 482, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1;

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 2003–2022 · leading case: McLaughlin v. Carroll, 270 F. Supp. 2d 490 (D. Del. 2003).

Sort: Relevance Newest Treatment

McLaughlin v. Carroll, 270 F. Supp. 2d 490 (D. Del. 2003). “§ 825, a person is guilty of burglary in the second degree when the person knowingly enters or remains unlawfully: (1) In a dwelling with intent to commit a crime therein According to 11 Del.Code Ann. § 823, a person is guilty of criminal trespass in the first degree when the…”

State v. Morris (Del. Super. Ct. 2022). · cites it 2× “” 15 11 Del. C. § 823: “A person is guilty of criminal trespass in the first degree when the person knowingly enters or remains unlawfully in a dwelling .”

Fleetwood v. State (Del. 2016). “Though a criminal defendant has no burden to present any evidence at trial,8 Fleetwood was obligated to point to some evidence in the record that would allow the jury rationally to find that he entered the apartment for a reason other than to commit theft.”

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.