Delaware Code

16 Del. C. § 4755 (2026)

Aggravated possession; class E felony [Repealed]

✓ current as of May 2026
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78 Del. Laws, c. 13, §  47repealed by 82 Del. Laws, c. 217, § 9, effective Dec. 15, 2019.
Notes of Decisions
Cited in 6 cases, 1975–2016 · leading case: Donald v. State, 903 A.2d 315 (Del. 2006).
Donald v. State, 903 A.2d 315 (Del. 2006). “Donald has not shown that the probation officers would not have found the evidence, nor has she shown that Corporal Hake was in a unique position to discover the evidence.”
Hopkins v. State, 893 A.2d 922 (Del. 2006). “Hopkins was convicted under 16 Del. C. § 4755(a)(5), which provides that it is a crime for a person: Knowingly to keep or maintain any store, shop, warehouse, dwelling, building, vehicle, boat, aircraft or other structure or place which is resorted to by persons using controlled…”
Potts v. State, 458 A.2d 1165 (Del. 1983). “§ 4701(22); 1 and (b) that she was keeping or maintaining a dwelling in violation of 16 Del.C. § 4755(a)(5). 2 Potts contends that her presence in the dwelling, along with others, was insufficient to convict her of possession of contraband drugs with intent to deliver or of…”
Hatcher v. State, 337 A.2d 30 (Del. 1975). “§ 4751, and for maintaining a dwelling for delivering such substances, 16 Del.C. § 4755(a)(5). He argues that the State did not produce sufficient evidence to prove that he had possession of the drugs and that an out-of-court statement of a witness introduced by the prosecution…”
Powell v. State, 332 A.2d 776 (Del. 1975). “…a charge against these defendants of maintaining a dwelling house for distribution of controlled substances. 16 Del.C. § 4755(a) (5).”
Scott v. State (Del. Super. Ct. 2016). · cites it 2× “The version of 16 Del. C. § 4755(a)(5) in effect at the time Petitioner was convicted classified the offense of Maintaining a Vehicle for Keeping Controlled Substances as a class F felony for any person “[k]knowingly to keep or maintain any .”
— 16 Del. C. § 4755(a) — 1 case
Powell v. State, 332 A.2d 776 (Del. 1975). “…a charge against these defendants of maintaining a dwelling house for distribution of controlled substances. 16 Del.C. § 4755(a) (5).”
— 16 Del. C. § 4755(a)(5) — 5 cases
Donald v. State, 903 A.2d 315 (Del. 2006). “Donald has not shown that the probation officers would not have found the evidence, nor has she shown that Corporal Hake was in a unique position to discover the evidence.”
Hopkins v. State, 893 A.2d 922 (Del. 2006). “Hopkins was convicted under 16 Del. C. § 4755(a)(5), which provides that it is a crime for a person: Knowingly to keep or maintain any store, shop, warehouse, dwelling, building, vehicle, boat, aircraft or other structure or place which is resorted to by persons using controlled…”
Potts v. State, 458 A.2d 1165 (Del. 1983). “§ 4701(22); 1 and (b) that she was keeping or maintaining a dwelling in violation of 16 Del.C. § 4755(a)(5). 2 Potts contends that her presence in the dwelling, along with others, was insufficient to convict her of possession of contraband drugs with intent to deliver or of…”
Hatcher v. State, 337 A.2d 30 (Del. 1975). “§ 4751, and for maintaining a dwelling for delivering such substances, 16 Del.C. § 4755(a)(5). He argues that the State did not produce sufficient evidence to prove that he had possession of the drugs and that an out-of-court statement of a witness introduced by the prosecution…”
Scott v. State (Del. Super. Ct. 2016). “The version of 16 Del. C. § 4755(a)(5) in effect at the time Petitioner was convicted classified the offense of Maintaining a Vehicle for Keeping Controlled Substances as a class F felony for any person “[k]knowingly to keep or maintain any .”
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