Murder in Delaware law

Delaware has eight different levels of homicide offenses in total, although some overlap. The most serious form of homicide, first-degree murder, constitutes the intentional killing of a person without legal justification or an unintentional killing during the commission of a felony (the felony murder rule). Additionally, Delaware is one of the only states where intentionally causing someone to commit suicide under duress is punishable as first-degree murder.[2] The crime of first-degree murder is punishable for those over the age of 18 only by life imprisonment without the possibility of parole.[3] The state previously punished first-degree murder by either life-without-parole or the death penalty, but Delaware's death penalty statute was ruled unconstitutional in 2016. In 2013, Delaware passed legislation eliminating life-without-parole sentences for first-degree murders committed while the perpetrator was under the age of 18. For juveniles, the sentence is a minimum of 25 years in prison and a maximum of life imprisonment with the possibility of parole.[4]

Like most states, Delaware employs the standard of the felony murder rule. A murder where a victim dies during or shortly after the commission (or attempted commission) of any felony due to the offender's reckless conduct is punished as first-degree murder.[2]

Second-degree murder under Delaware law is the killing of a victim when the perpetrator recklessly causes the death of another person under circumstances which manifest a cruel, wicked, and depraved indifference to human life.[2] It is punishable by a minimum of 15 years in prison and a maximum of life imprisonment, with or without the possibility of parole.[5]

Two other forms of murder in Delaware law are first- and second-degree murder by abuse or neglect of a minor. First-degree murder by abuse or neglect constitutes when a perpetrator recklessly causes the death of a child through an act of abuse and/or neglect of the child or when the perpetrator has engaged in a previous pattern of abuse and/or neglect of the child. It is punishable by 15 years to life imprisonment with or without the possibility of parole, the same as second-degree murder. Second-degree murder by abuse or neglect constitutes when a perpetrator causes the death of a child through criminal negligence. It is punishable by 2 to 25 years in prison, the same as manslaughter.[5]