§ 4751a

For the purposes of this subchapter: (1) Each of the following is an 'aggravating factor' within the meaning of the offenses in this subchapter: a. The offense was committed within a protected school zone, as defined in § 4701 of this title. b.-d. [Repealed.] e. The defendant, during or immediately following the commission of any offense in this did 1 of the following: 1. 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. 2. 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. (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

bchapter 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. (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.78 Del. Laws, c. 13, § 33; 70 Del. Laws, c. 186, § 1; 82 Del. Laws, c. 217, § 2; 83 Del. Laws, c. 246, § 1;