Stalking and Harassment
11 Del. C. § 1312 — stalking is a felony from the start, and harassment a class A misdemeanor
Stalking is knowingly engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear physical injury to themselves or another, or to suffer other significant mental anguish or distress.
- It is a class E felony, rising to class D with aggravating facts such as a threat of death or serious physical injury, and to class C in more serious cases.
- Stalking that includes acts a court order already prohibited carries a minimum of 6 months at Level V.
- It is no defense that the stalker was never told the conduct was unwanted, or did not intend to cause fear.
Harassment is acting with intent to harass, annoy or alarm: insulting or taunting in a way likely to provoke a violent response or cause fear, communicating by phone, mail or electronically in a way likely to cause alarm, obscene calls, or repeated or anonymous calls. It is a class A misdemeanor.
A protection from abuse order may also be available. A particular situation is a question for a licensed Delaware attorney.
Sources for this section (2)
- 11 Del. C. § 1312 — Stalking; class E felony, class D felony, class C felony
- 11 Del. C. § 1311 — Harassment; class A misdemeanor
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Delaware attorney.