Mental Health Examinations Required by 11 Delaware Code § 4362

An incarceration for the following offenses or an incarceration for the attempt to commit any of the following offenses requires a mental health examination prior to an appearance before the Board of Pardons (See Rule 9 of the Rules of the Board of Pardons).

While every effort has been made to completely and accurately include in this list all offenses and statutory provisions described in Section 4362, Title 11 of the Delaware Code, some offenses and statutory provisions may be amended or repealed by the Delaware General Assembly and the Office of the Governor, without the knowledge of the Board of Pardons. In the event of an inadvertent incompleteness or inconsistency between the Delaware Code and this list, the Delaware Code takes precedence.  Applicants should check Section 4362, Title 11 of the Delaware Code, other relevant provisions of the Delaware Code and credible resources for the most current and complete offenses applicable and/or consult with an attorney.  

As required by Section 4362, Title 11 of the Delaware Code, evaluations must be completed within a 12-month period immediately preceding consideration by the Board of Pardons. The report must include the examiner’s respective findings, opinions as to the mental and emotional health of the applicant, and opinions as to the probability of the applicant again committing any crime.

A mental health examiner may be a Psychiatrist, Psychologist, Licensed Clinical Social Worker, Psychiatric/Mental Health Nurse Practitioner, or Licensed Professional Counselor of Mental Health.

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

1. Criminally 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. § 774
13. Bestiality  11 Del. C. § 775
14. Continuous Sexual Abuse of a Child  11 Del. C. § 776
15. Dangerous Crime Against a Child 11 Del. C. § 777
16. Sex Offender Unlawful Sexual Conduct Against a Child 11 Del. C. § 777A
17. Sexual Abuse of a Child by a Person in a Position of Trust, Authority, or Supervision in the First Degree 11 Del. C. § 778
18. Sexual Abuse of a Child by a Person in a Position of Trust, Authority, or Supervision in the Second Degree 11 Del. C. § 778A
19. Female Genital Mutilation 11 Del. C. § 780
20. Sexual Intercourse or Penetration with a Person in Custody 11 Del. C. § 780A
21. Unlawful Sexual Contact with a Person in Custody 11 Del. C. § 780B

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
7. Trafficking an Individual, Forced Labor and Sexual Servitude 11 Del. C. § 787

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
7. Graffiti and Possession of Graffiti Implements 11 Del. C. § 812
8. Theft of Property from a Cemetery 11 Del. C. § 813

Home Invasion, Burglary, and Robbery:

1. Home Invasion  11 Del.C. [1] Check Footnote for Home Invasion
2. Burglary in the Second Degree  11 Del. C. § 825 (Subpart B of Subchapter III of Chapter 5 of Title 11)
3. Burglary in the First Degree  11 Del. C. § 826 (Subpart B of Subchapter III of Chapter 5 of Title 11)
4. Robbery in the Second Degree  11 Del. C. § 831(Subpart C of Subchapter III of Chapter 5 of Title 11)
5. Robbery in the First Degree 11 Del. C. § 832 (Subpart C of Subchapter III of Chapter 5 of Title 11)

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

1. Dealing in Children  11 Del. C. § 1100A
2. Abandonment of Child  11 Del. C. § 1101
3. Endangering the Welfare of a Child  11 Del. C. § 1102
4. Abandonment of a Baby at a Safe Haven as a Defense 11 Del. C. § 1102A
5. Child Abuse in the Third Degree 11 Del. C. § 1103
6. Child Abuse in the Second Degree 11 Del. C. § 1103A
7. Child Abuse in the First Degree 11 Del. C. § 1103B
8. Treatment of child by a prayer as a defense to a charge of not providing medical care or treatment  11 Del. C. § 1104
9. Crime Against a Vulnerable Adult 11 Del. C. § 1105
10. Unlawfully dealing with a Child  11 Del. C. § 1106
11. Endangering Children  11 Del. C. § 1107
12. Sexual Exploitation of a Child  11 Del. C. § 1108
13. Dealing in Child Pornography 11 Del. C. § 1109
14. Subsequent Convictions of Sexual Exploitation of a Child (§ 1108) or Dealing in Child Pornography (§ 1109) of this Title   11 Del. C. § 1110
15. Possession of Child Pornography  11 Del. C. § 1111
16. Sexual Offenders; Prohibitions from School Zones 11 Del. C. § 1112
17. Sexual Solicitation of a Child 11 Del. C. § 1112A
18. Promoting Sexual Solicitation of a Child 11 Del. C. § 1112B
19. Criminal Nonsupport and Aggravated Criminal Nonsupport 11 Del. C. § 1113
20. Body-piercing, Tattooing or Branding; Consent for Minors 11 Del. C. § 1114
21. Tongue-splitting 11 Del. C. § 1114A

Other Offenses:

1. Cruelty to Animals 11 Del. C. § 1325
2. Abusing a Corpse 11 Del. C. § 1332
3. Unlawful Use of Incendiary Device, Bomb, or other explosive device 11 Del. C. § 1338 [2] Check Footnote for Unlawful Use of Incendiary Device
4. Abuse of Children (Chapter 9 of Title 16)
5. Distribution of Controlled Substance to a Person under age 18 (former § 4761 of Title 16 (repealed))

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[1] Footnote for Home Invasion  The charge of “home invasion” was previously set forth under former Section 826A in Title 11 of the Delaware Code, but subsequently repealed. It is now found in the charge of Burglary in the First Degree at 11 Del. C. § 826.

[2] Footnote for Unlawful Use of Incendiary Device  Section 4362, Board of Pardons Rule 9, and this list reflect this former title, while the charge at Section 1338 is entitled “Bomb, Incendiary devices, Molotov cocktails and Explosive Devices.”