Del. C. » Title 11 — Delaware Criminal Code · CHAPTER 5. Specific Offenses · Crimes and Criminal Procedure
Delaware Code

11 Del. C. § 826A (2026)

Home invasion; class B felony [Repealed]

✓ current as of May 2026
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78 Del. Laws, c. 252, §  1;  repealed by 82 Del. Laws, c. 215, § 1, effective Sept. 16, 2019.; 
Notes of Decisions
Cited in 7 cases (5 in the last 5 years), 2017–2025 · leading case: State v. Kellam (Del. Super. Ct. 2024).
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State v. Kellam (Del. Super. Ct. 2024). · cites it 3× “Kellam of home invasion, the State had to prove that (1) he "intended to promote or facilitate the commission of conduct" resulting in home invasion; (2) he "aided, counseled, or agreed to aid" the other defendants in planning or committing the home invasion; and (3) one of the…”
State v. Keis (Del. Super. Ct. 2021). · cites it 2× “§ 832; one count of Home Invasion, 11 Del. C. § 826A; and one count of Assault of a Person over 62 years old, 11 Del.”
State v. Weil (Del. Super. Ct. 2017). “§ 1447, one count of Home invasion, 11 Del. C. § 826A, one count of Possession of a Firearm or Firearm Ammunition by a Person Prohibited, 11 Del.”
Morris v. State (Del. 2019). “(20) It should first be noted that a conviction for rape or attempted rape is not an element of the offense of home invasion.”
State v. Morris (Del. Super. Ct. 2022). “The State argues that Counsel made a strategic decision to not pursue a lesser- included offense instruction because Counsel was pursuing an “all-or-nothing” 13 11 Del C. § 826A(a) (2017) (REPEALED): “A person is guilty of home invasion when the person knowingly enters or…”
State v. Santiago (Del. Super. Ct. 2023). “(emphasis supplied); see 11 Del. C. § 826A (repealed September 15, 2019) (“A person is guilty of home invasion when the person knowingly enters or remains unlawfully in a dwelling with intent to commit a violent felony therein, and .”
Wheeler v. State (Del. 2025). “5 This Court also affirmed 1 11 Del. C. § 826A(b)(2)(a) (2018) (providing that home invasion was a class B felony with a minimum seven-year Level V sentence if the victim was sixty-two or older); 11 Del.”
— 11 Del. C. § 826A(a) — 3 cases
Morris v. State (Del. 2019). “(20) It should first be noted that a conviction for rape or attempted rape is not an element of the offense of home invasion.”
State v. Morris (Del. Super. Ct. 2022). “The State argues that Counsel made a strategic decision to not pursue a lesser- included offense instruction because Counsel was pursuing an “all-or-nothing” 13 11 Del C. § 826A(a) (2017) (REPEALED): “A person is guilty of home invasion when the person knowingly enters or…”
State v. Kellam (Del. Super. Ct. 2024). “Kellam of home invasion, the State had to prove that (1) he "intended to promote or facilitate the commission of conduct" resulting in home invasion; (2) he "aided, counseled, or agreed to aid" the other defendants in planning or committing the home invasion; and (3) one of the…”
— 11 Del. C. § 826A(b)(2)(a) — 1 case
Wheeler v. State (Del. 2025). “5 This Court also affirmed 1 11 Del. C. § 826A(b)(2)(a) (2018) (providing that home invasion was a class B felony with a minimum seven-year Level V sentence if the victim was sixty-two or older); 11 Del.”
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