Child Witnesses to Domestic Violence - Delaware

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Circumstances That Constitute Witnessing

Citation: Ann. Code Tit. 11, § 1102

In criminal law: A person is guilty of endangering the welfare of a child when the person commits any violent felony, second-degree reckless endangering, third-degree assault, terroristic threatening, second-degree unlawful imprisonment against a victim, or third-degree child abuse, knowing that such felony or misdemeanor was witnessed, either by sight or sound, by a child younger than age 18 who is a member of the person's family or the victim's family.

Consequences

Citation: Ann. Code Tit. 11, § 1102

The crime of endangering the welfare of a child may be classified as follows:

  • When the death of a child occurs while the child's welfare was endangered, endangering the welfare of a child is a class E felony.
  • When serious physical injury to a child occurs while the child's welfare was endangered, endangering the welfare of a child is a class G felony.
  • When a child becomes the victim of a sexual offense, as defined in § 761(d) of this title, while the child's welfare was endangered, endangering the welfare of a child is a class G felony.
  • In all other cases, endangering the welfare of a child is a class A misdemeanor.