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Board of Pardons

Overseeing all of Delaware's Pardons, Reprieves, Commutations of Sentence, and Executive Clemency.




Psychiatric or Psychological 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 psychiatric or 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. § 774
  13. Bestiality 11 Del. C. § 775
  14. Continuous Sexual Abuse of a Child 11 Del. C. § 776

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:

  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
  4. Abuse of Children Chapter 9 of Title 16
  5. Distribution of Controlled Substance to a Person under age 21 sec 4761 Title 16

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