{"data":{"id":"us-de/16-del.-c.-4751a","jurisdiction":"us-de","citation":"16 Del. C. § 4751A","heading":"Aggravating factors related to drug offenses.","body":"For the purposes of this subchapter:\n(1) Each of the following is an “aggravating factor” within the meaning of the offenses in this subchapter:\na. The offense was committed within a protected school zone, as defined in § 4701 of this title.\nb.-d. [Repealed.]\ne. The defendant, during or immediately following the commission of any offense in this did 1 of the following:\n1. Intentionally prevented or attempted to prevent a law-enforcement officer, as defined in § 222 of Title 11, from effecting an arrest or detention of the defendant by use of force or violence towards the law-enforcement officer.\n2. Intentionally fled in a vehicle from a law-enforcement officer, as defined in § 222 of Title 11, while the law-enforcement officer was effecting an arrest or detention of the defendant, thereby creating a substantial risk of physical injury to other persons.\n(2) When a defendant is alleged to have committed an offense under this subchapter with an aggravating factor under paragraph (1)e.1. of this section, the defendant may be charged with resisting arrest under § 1257 of Title 11 or the offense to which the aggravating factor applies, but not both.\n(3) For an aggravating factor under paragraph (1)a. of this section to be charged, a defendant must commit the conduct of an offense under this subchapter in a protected school zone. The aggravating factor under paragraph (1)a. of this section may not be charged if a defendant commits the conduct of an offense under this subchapter outside a protected school zone but is arrested in a protected school zone.","path":["Title 16. Health and Safety","Food and Drugs","CHAPTER 47. Uniform Controlled Substances Act","Subchapter IV. Offenses and Penalties"],"source_url":"https://delcode.delaware.gov/title16/c047/sc04/index.html#4751A","current_through":"2026-08-10 (85 Del. Laws, c. 421, 424)","vintage":"","retrieved_at":"2026-09-05T23:02:21Z","sha256":"fdf396cdd1778a146febf289af02cfe2bc0bd7baa4d4e56c221f605a2c13ded1","source_id":"us-de","stale":true,"prev":"us-de/16-del.-c.-4751","next":"us-de/16-del.-c.-4751b"},"notice":"GroundRules: Original legal text. Not legal advice."}