Delaware Second-Degree Murder

In Delaware, there are six types of criminal homicide: first-degree murder, second-degree murder, murder by abuse or neglect, manslaughter, criminally negligent homicide, and vehicular homicide. This article briefly outlines Delaware's second-degree murder law.

Murder By Abuse or Neglect

In Delaware, the crime of murder by abusing or neglecting a child is closely related to the crime of second-degree murder as they both can involve a killing done recklessly under cruel circumstances. The crime of murder by abuse or neglect is broken down into two degrees, as the tables below show.

Under Delaware's murder by abuse or neglect laws, the following definitions apply:

Abuse: Causing any physical injury to a child through unjustified force, torture, negligent treatment, sexual abuse, exploitation, maltreatment, mistreatment, or any means other than accident.

Neglect: Being responsible for the care, custody, and/or control of a child and, while having the ability and financial means to provide for the care of the child:

• Fails to provide necessary food, clothing, shelter, education, health, or medical care
• Chronically and severely abuses alcohol or a controlled substance and the abuse threatens the child's well being, or
• Fails to provide necessary supervision appropriate for the child's basic needs and safety

Child: Any person who is less than 14 years old.

Previous pattern of abuse and/or neglect: Two or more incidents of conduct that constitute an act of abuse and/or neglect, and aren't so closely related to each other or connected in point of time and place that they constitute a single event.

Additional Resources

• Second-Degree Murder Defenses
• Delaware's First-Degree Murder Law (section 636)

State laws change frequently. For case specific information regarding Delaware's second-degree murder law contact a local criminal defense lawyer.