CHAPTER 191

FORMERLY

HOUSE BILL NO. 277

AS AMENDED BY HOUSE AMENDMENT NOS. 1 AND 2

AN ACT TO AMEND CHAPTER 5, TITLE II, DELAWARE CODE RELATING TO THE CRIME OF ADULTERATION.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Subchapter VII, Chapter 5, Title 11, Delaware Code, by adding a new §I339 In read as follows;

"§1339. Adulteration; class E felony; class C felony; class A felony. (a) A person is guilty or adulteration when

(1) He adulterates any substance with the intent to cause death, physical injury, or illness of a person;

(2) He distributes, disseminates, gives, sells, or otherwise transfers an adulterated substance with the intent to cause death, physical injury, or illness of a person knowing or having reason to know that the substance has been adulterated as defined in subsection (b) of this section.

(b) 'Adulteration' means the intentional adding of any substance, which has the capacity eat ier acting alone or in conjunction with the other substance to cause death, physical injury or lilacs+ !iy ingestion, injection, inhalation or absorption, to another substance having fl caste nary or reasonably foreseeable human as e.

(c) Adulteration Is n class E felony unless the adulteration actually cwsos physical injury fir illness in which case it is a class C felony, or causes death in which ease it Is a class A felony.

(d) This offense Is a separate find distinct offense and shall not limit or restrict prosecution for murder or any other criminal offense."

Approved July 19, 1983.