BOARD OF PARDONS
Psychiatric and Psychological Examinations Required
by 11 Delaware Code § 4362

A conviction for the following offenses or a conviction for the attempt to commit any of the following offenses requires a psychiatric and a psychological examination prior to an appearance before the Board of Pardons (See Rule 9 of the Rules of the Board of Pardons):

An Act Causing Death (Subpart B of Subchapter II of Chapter 5 of Title 11):

1. Criminal Negligent Homicide 11 Del. C. § 631
2. Manslaughter 11 Del. C. § 632
3. Murder by Abuse or Neglect in the Second Degree 11 Del. C. § 633
4. Murder by Abuse or Neglect in the First Degree 11 Del. C. § 634
5. Murder in the Second Degree 11 Del. C. § 635
6. Murder in the First Degree 11 Del. C. § 636
7. Extreme Emotional Distress 11 Del. C. § 641
8. Promoting Suicide 11 Del. C. § 645

Sexual Offenses (Subpart D of Subchapter II of Chapter 5 of Title 11):

1. Sexual Harassment 11 Del. C. § 763
2. Indecent Exposure in the Second Degree 11 Del. C. § 764
3. Indecent Exposure in the First Degree 11 Del. C. § 765
4. Incest 11 Del. C. § 766
5. Unlawful Sexual Contact in the Third Degree 11 Del. C. § 767
6. Unlawful Sexual Contact in the Second Degree 11 Del. C. § 768
7. Unlawful Sexual Contact in the First Degree 11 Del. C. § 769
8. Rape in the Fourth Degree 11 Del. C. § 770
9. Rape in the Third Degree 11 Del. C. § 771
10. Rape in the Second Degree 11 Del. C. § 772
11. Rape in the First Degree 11 Del. C. § 773
12. Sexual Extortion 11 Del. C. § 776
13. Bestiality 11 Del. C. § 777
14. Continuous Sexual Abuse of a Child 11 Del. C. § 778

NOTE: Prior to 1998, Rape Offenses were listed in the Delaware Code as follows:

1. Unlawful Sexual Penetration in the Third Degree 11 Del. C. § 770
2. Unlawful Sexual Penetration in the Second Degree 11 Del. C. § 771
3. Unlawful Sexual Penetration in the First Degree 11 Del. C. § 772
4. Unlawful Sexual Intercourse in the Third Degree 11 Del. C. § 773
5. Unlawful Sexual Intercourse in the Second Degree 11 Del. C. § 774
6. Unlawful Sexual Intercourse in the First Degree 11 Del. C. § 775

Kidnapping and Related Offenses (Subpart E of Subchapter II of Chapter 5 of Title 11):

1. Unlawful Imprisonment in the Second Degree 11 Del. C. § 781
2. Unlawful Imprisonment in the First Degree 11 Del. C. § 782
3. Kidnapping in the Second Degree 11 Del. C. § 783
4. Kidnapping in the First Degree 11 Del. C. § 783A
5. Defense to Unlawful Imprisonment and Kidnapping 11 Del. C. § 784
6. Interference with Custody 11 Del. C. § 785

Arson and Related Offenses (Subpart A of Subchapter III of Chapter 5 of Title 11):

1. Arson in the Third Degree 11 Del. C. § 801
2. Arson in the Second Degree 11 Del. C. § 802
3. Arson in the First Degree 11 Del. C. § 803
4. Reckless Burning or Exploding 11 Del. C. § 804
5. Cross or Religious Symbol Burning 11 Del. C. § 805
6. Criminal Mischief 11 Del. C. § 811

Offenses involving Burglary and Robbery:

1. Burglary in the Second Degree 11 Del. C. § 825
2. Burglary in the First Degree 11 Del. C. § 826
3. Robbery in the Second Degree 11 Del. C. § 831
4. Robbery in the First Degree 11 Del. C. § 832

Offenses Relating to Children and Incompetents (Subchapter V of Subchapter 5 of Title 11):

1. Dealing in Children 11 Del. C. § 1100
2. Abandonment of Child 11 Del. C. § 1101
3. Endangering the Welfare of a Child 11 Del. C. § 1102
4. Treatment of child by a prayer as a defense to a charge of not providing medical care or treatment 11 Del. C. § 1104
5. Endangering the Welfare of an Incompetent Person 11 Del. C. § 1105
6. Unlawfully dealing with a Child 11 Del. C. § 1106
7. Endangering Children 11 Del. C. § 1107
8. Sexual Exploitation of a Child 11 Del. C. § 1108
9. Unlawfully dealing in material depicting a child engaging in a prohibited sexual act 11 Del. C. § 1109
10. Possession of Child Pornography 11 Del. C. § 1111
11. Sexual Offenders; Prohibitions from School Zones 11 Del. C. § 1112

Other Offenses:

Cruelty to Animals 11 Del. C. § 1325
Abusing a Corpse 11 Del. C. § 1332
Unlawful use of Incendiary Device, Bomb, or other explosive device 11 Del. C. § 1338
Abuse of Children (Chapter 9 of Title 16)
Distribution of Controlled Substance to a Person under age 21 (sec 4761 Title 16)

Last Updated: Monday, 21-May-2007 15:34:29 EDT