AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THEFT BY IMPERSONATION OF A FAMILY MEMBER.

Children Crime

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Morrison
Last action: 2026-06-23
Official status: Passed 6/23/26
Effective date: Not listed

Plain English Breakdown

Checked against official source text during the last sync.

Stricter Penalties for Theft by Impersonating Family Members

This law makes it a crime to steal from someone by pretending to be their family member and requires at least 60 days in prison that cannot be suspended.

What This Bill Does

Defines theft by impersonation as taking property while using communication that pretends to come from an immediate family member of the victim.
Sets a minimum jail time of 60 days for anyone convicted under this section.
States that judges cannot suspend the required 60-day prison sentence.
Requires courts to order full payment back to victims for money lost.
Classifies the crime as a felony with severity based on victim age, disability status, and property value.

Who It Names or Affects

People who commit theft by pretending to be an immediate family member of the victim
Victims aged 62 or older
Adults defined as impaired in Title 31 of Delaware Code
Persons with disabilities defined in Title 12 of Delaware Code

Terms To Know

Immediate family member: A spouse, child, sibling, parent, grandparent, or grandchild. This includes stepparents, stepchildren, stepsiblings, and adoptive relationships.
Restitution: Payment made by the convicted person to return money lost by the victim.

Limits and Unknowns

The official text does not list a specific date when this law becomes effective.
The bill has passed both chambers but is still waiting for action from the Governor.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HA 1

1 • Morrison

Passed 5/5/26

Plain English: This amendment deletes the specific punishment rules written into House Bill No. 326 so that judges can decide on sentences instead.

Removes lines 27 through 32 from the bill completely.

The amendment text does not list what specific penalties were removed, only that they are being deleted to let courts decide sentencing.

Bill History

2026-06-23 Delaware General Assembly
Passed By Senate. Votes: 21 YES
2026-06-17 Delaware General Assembly
Reported Out of Committee (Judiciary) in Senate with 5 On Its Merits
2026-05-05 Delaware General Assembly
Amendment HA 1 to HB 326 - Passed In House by Voice Vote
2026-05-05 Delaware General Assembly
Passed By House. Votes: 33 YES 2 NO 6 ABSENT
2026-05-05 Delaware General Assembly
Assigned to Judiciary Committee in Senate
2026-04-16 Delaware General Assembly
Amendment HA 1 to HB 326 - Introduced and Placed With Bill
2026-04-15 Delaware General Assembly
Reported Out of Committee (Judiciary) in House with 7 On Its Merits
2026-03-18 Delaware General Assembly
Introduced and Assigned to Judiciary Committee in House

Official Summary Text

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THEFT BY IMPERSONATION OF A FAMILY MEMBER.
This Act increases the penalty when an individual commits theft by impersonating a family member of the victim. A person convicted of a violation of this section shall be imprisoned for not less than 60 days. The minimum sentence under this section may not be suspended.

Current Bill Text

Read the full stored bill text

Legislation Document

SPONSOR:

Rep. Morrison & Sen. Hoffner

Reps. Griffith, Romer, Harris; Sen. Hocker

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 326

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THEFT BY IMPERSONATION OF A FAMILY MEMBER.

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

Section 1. Amend Part D, Subchapter III, Chapter 5, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 841E. Theft by impersonation of a family member; class B felony; class C felony; class E felony; class F felony; restitution.

(a) A person is guilty of theft by impersonation of a family member when the person does all of the following:

(1) Takes, exercises control over, or obtains property of another person intending to deprive that person of it or appropriate it. Theft includes the acts described in this section, as well as those described in §§ 841 through 846 of this title

.

(2) In the course of committing the theft or an attempt to commit the theft, the person, who is not an immediate family member of the victim of the theft, uses any oral, written, or electronic communication that is represented to be from an immediate family member of the victim of the theft or from one acting on behalf of or for the benefit of an immediate family member of the victim of the theft, with the intent that the communication facilitate commission of the theft. Immediate family member means a spouse, child, sibling, parent, grandparent, or grandchild and includes stepparents, stepchildren, stepsiblings, and adoptive relationships.

(b)(1) Except where a victim is 62 years of age or older, or an “adult who is impaired” as defined in § 3902 of Title 31, or a “person with a disability” as defined in § 3901(a)(2) of Title 12, theft by impersonation of a family member is a class F felony.

(2) Where a victim is 62 years of age or older, or an “adult who is impaired” as defined in § 3902 of Title 31, or a “person with a disability” as defined in § 3901(a)(2) of Title 12, theft by impersonation of a family member is a class F felony unless the value of the property received, retained, or disposed of is $1,500 or more, in which case it is a class E felony.

(3) Notwithstanding paragraphs (b)(1) and (2) of this section:

a. Where the value of the property received, retained, or disposed of is more than $50,000 but less than $100,000, theft by impersonation of a family member is a class C felony.

b. Where the value of the property received, retained, or disposed of is $100,000 or more, theft by impersonation of a family member is a class B felony.

(c) Upon conviction, the sentencing judge must require full restitution to the victim for any monetary losses suffered and additionally must consider all of the following:

(1) The imposition of community service.

(2) If a minor, an appropriate curfew.

(d) A person convicted of a violation of this section must be imprisoned for not less than 60 days. The minimum sentence under this paragraph may not be suspended.

SYNOPSIS

This Act increases the penalty when an individual commits theft by impersonating a family member of the victim. A person convicted of a violation of this section shall be imprisoned for not less than 60 days. The minimum sentence under this section may not be suspended.