Bill Text: DE HB276 | 2025-2026 | 153rd General Assembly | Draft
Bill Title: An Act To Amend Title 11 Of The Delaware Code Relating To Theft.
Sponsorship: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2026-09-14 - Signed by Governor [HB276 Detail]
Download: Delaware-2025-HB276-Draft.html
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SPONSOR: |
Rep. Cooke & Sen. Poore & Sen. Hocker |
HOUSE OF REPRESENTATIVES
153rd GENERAL ASSEMBLY
HOUSE SUBSTITUTE NO. 1
FOR
HOUSE BILL NO. 276
AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THEFT.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend § 841, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 841. Theft; class B felony; class D felony; class F felony; class G felony; class A misdemeanor; restitution.
(a) A person is guilty of theft when the person does any of the following:
(1) takes, Takes, exercises control over over, or obtains property of another person intending to deprive that person of it or appropriate it.
(2) Theft includes the acts described in this section, as well as those Commits an act described in §§ 841A-846 §§ 841A through 846 of this title.
(3) In any capacity, legally receives, takes, exercises control over, or obtains property of another which is the subject of theft, and fraudulently converts the property of another to the person’s own use.
(b) A person is guilty of theft if the person, in any capacity, legally receives, takes, exercises control over or obtains property of another which is the subject of theft, and fraudulently converts same to the person’s own use.
(c) (1) (b)(1) Theft is a class A misdemeanor, unless Except where a victim is 62 years of age or older, or an “adult who is impaired” as defined in § 3902 of Title 31, or a “person with a disability” as defined in § 3901(a)(2) of Title 12, theft is a class A misdemeanor unless the value of the property received, retained or disposed of is $1,500 or more, in which case it theft is a class G felony.
(2) Where a victim is 62 years of age or older, or an “adult who is impaired” as defined in § 3902 of Title 31, or a “person with a disability” as defined in § 3901(a)(2) of Title 12, theft is a class G felony unless the value of the property received, retained or disposed of is $1,500 or more, in which case it is a class F felony.
(3) (2) Notwithstanding paragraphs (c)(1) and (2) paragraph (b)(1) of this section: section, where the aggregate value of the property received, retained, or disposed of in a single, distinct act of theft or in a single course of conduct comprising multiple related thefts is:
a. More than $1,500, theft is a class G felony.
b. More than $1,500, and a victim is 62 years of age or older, or an “adult who is impaired” as defined in § 3902 of Title 31, or a “person with a disability” as defined in § 3901(a)(2) of Title 12, theft is a class F felony.
a. c. Where the value of the property received, retained or disposed of is more More than $50,000 but less than $100,000, theft is a class D felony; felony.
b. d. Where the value of the property received, retained or disposed of is $100,000 or more, theft is a class B felony.
(c) For purposes of this section, a “course of conduct” means either of the following:
(1) A pattern of actions composed of more than 1 act over a period of time, evidencing a singular continuity of purpose as assessed through the factors of timing, location, and intent.
(2) A larcenous scheme or plan which constitutes a continuous transaction.
SYNOPSIS
This House Substitute for House Bill No. 276 permits the value of items stolen at separate times to be grouped and prosecuted as one charge, if the thefts were part of a course of conduct.
This House Substitute differs from the original in that it defines “course of conduct” and restructures the statute to place the additional language regarding a course of conduct in the operative language regarding what must be shown in order to elevate the penalty for higher dollar value thefts. This means that the course of conduct is an element of the offense that must be proven beyond a reasonable doubt. The theft statute otherwise remains the same. Like the original bill, this substitute makes technical corrections to conform with the Delaware Legislative Drafting Manual.
