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Delaware
Delaware

Identification

  • Acceptable Identification
  • Acceptable Digital Identification
  • What requirements are needed to acquire acceptable ID’ and Acceptable Digital ID’s
    • Compliant ID Requirements
      • Original or Certified Copy of Birth Certificate issued by the Bureau of Vital Statistics or State Board of Health (wallet cards, birth registration or hospital announcements/records are NOT accepted) OR Valid Passport / Immigration Documents (Must have correct legal name)  
      • One proof of Social Security Number (SSN) which can be a Social Security card, W-2 tax form, SSA 1099 form, SSA Non-1099 form, Pay stub containing full SSN or any valid document issued by the Social Security Administration that contains the full SSN. (Medicare/Medicaid cards NOT acceptable) 
      • Two proofs of Delaware residency, from two different sources, containing a residential street address that includes applicant’s name and is postmarked or dated within 60 days (i.e.; utility bill, cable bill, voter registration card or junk mail) Personal mail and non-U.S. postal mail are NOT accepted. P.O. boxes and business addresses are also not acceptable as a residential address.  
      • *Legal name change documentation if applicable (i.e.; valid marriage license(s), divorce decree(s) stating legal name, court order(s), spouse’s death certificate(s)). Documents are required if your current name is different than the name that appears on your birth certificate. If you have had several name changes, in the case of multiple marriages and divorces, you will need to provide all name change documents. Clergy certificates are NOT accepted as proof of marriage.
  • What types of identification are accepted for non-citizen or foreign nationals in this state?
    • Non-Citizen Requirements
      • Non-citizen applicants for a Delaware driver’s license and/or identification card (ID) must provide the following materials to the Department of Motor Vehicles:
        • Birth certificate with a certified complete English translation;
        • Two proofs of residency in Delaware that shows current address; and
        • USCIS/DHS current documents and approval forms.
  • Can undocumented individuals obtain a state ID or Drivers license in this state?
    • No
  • What privacy protections are in place for Digital Id’s in this state?
    • FAQs
      • Mobile ID doesn’t permanently collect, store, or hold onto your personal data – except an encrypted version of your driver license number and phone number to use as a record locator. The DMV is the only place where your complete information is stored.
  • Can Digital IDs be legally used for law enforcement verification?
    • FAQs
      • No, MiD currently serves as a companion to your physical ID rather than a replacement. You can use it in any context you would normally use your driver license or identification card to verify your identity, except when requested by law enforcement. You must still keep your physical ID as a back-up.

Alcohol

  • Age permitted to Access Alcohol Retailers and Venues (How old do you have to be to enter a bar? Include Federal Law and State Law)
    • Commissioner Rule #1102
      • Minors are forbidden to sit or stand at a bar or service counter where alcoholic beverages are sold, served or dispensed except in a Multi-purpose Sports Facility.
    • 4 Del. C. § 904
      • (d) Except as provided in subsections (h) and (n) of this section, whoever, being the holder of a license to operate a tavern or taproom, admits or permits to remain in such tavern or taproom any individual under the age of 21 years, shall be fined not more than $100.
  • Age permitted to consume Alcohol
    • Delaware Title 4, Chapter 7, Section 708
      • No person or licensee shall sell any alcoholic liquor to any:
        • (1) Individual who has not reached the age of 21 years, except that in any prosecution for an offense under this paragraph it shall be an affirmative defense that the individual, who has not reached the age of 21 years, presented to the accused identification, with a photograph of such individual affixed thereon, which identification sets forth information which would lead a reasonable person to believe such individual was 21 years of age or older;
      • 4 Del. C. § 904(m)
        • (f) (1) Whoever, being under the age of 21 years, has alcoholic liquor in such under-aged person’s possession at any time, or consumes or is found to have consumed alcoholic liquor, shall be fined $100 for the first violation and not less than $200 nor more than $500 for each subsequent violation.
          • (2) Notwithstanding paragraph (f)(1) of this section, whoever commits a violation of this subsection must be assessed a civil penalty for a first violation or a second violation. Information concerning this civil offense may not appear on an individual’s certified criminal record.
          • (3) Whoever commits a third or subsequent violation of this subsection is guilty of an unclassified misdemeanor.
          • (4) This section does not apply to the possession or consumption of alcoholic liquor in connection with any religious service or by members of the same family within the private home of any of said members.
          • (5) A peace officer having reasonable grounds to believe that a juvenile has committed an offense under this subsection may issue the juvenile a civil citation in lieu of a civil penalty.
  • Age permitted to serve Alcohol
    • 4 Del. C. § 904(m)
      • (m) Nothing in this section shall prevent the employment in a store by a retailer of anyone who has reached the age of 18 years, under such conditions as the Commission may by rule prescribe; provided, however, that no such minor shall sell or serve alcoholic liquors.
  • Age permitted to purchase Alcohol
    • Delaware Title 4, Chapter 7, Section 708
      • No person or licensee shall sell any alcoholic liquor to any:
        • (1) Individual who has not reached the age of 21 years, except that in any prosecution for an offense under this paragraph it shall be an affirmative defense that the individual, who has not reached the age of 21 years, presented to the accused identification, with a photograph of such individual affixed thereon, which identification sets forth information which would lead a reasonable person to believe such individual was 21 years of age or older;
  • What is the consumable limit (if any)
    • N/A
  • What is the purchase limit (if any)
    • N/A
  • What is the legal BAC (Blood Alcohol Content) limit in this state?
    • DUI Limits
      • Standard Drivers: A BAC of 0.08% or higher is illegal.
      • Commercial Drivers: A BAC of 0.04% or higher is illegal.
      • Drivers Under 21: Any BAC is illegal
  • Are there any exceptions for minors consuming alcohol (e.g., religious ceremonies, parental supervision)?
    • Del. Code Ann. tit. 4, § 904
      • (c) Whoever purchases, buys or gives alcoholic liquor for or to a person under the age of 21 years or knowingly allows a person under such purchaser’s, buyer’s or provider’s supervision and under the age of 21 years to consume alcoholic liquor shall, in addition to the payment of costs, be fined for the first offense, not less than $100 nor more than $500, and may be ordered by the court to perform community service for a period of 40 hours in such form and on such terms as the court shall deem appropriate under the circumstances and may be imprisoned for not more than 30 days; and for each subsequent like offense, shall be fined not less than $500 nor more than $1,000 and may be ordered by the court to perform community service for a period of 80 hours in such form and on such terms as the court shall deem appropriate under the circumstances and may be imprisoned for not more than 60 days. This subsection shall not apply to religious services or members of the same family within the private home of any of said members.
  • What are the penalties for providing alcohol to minors at a private residence?
    • None, if the minor is in the same family

Tobacco

  • Age permitted to access Tobacco Retailers and Venues (How old do you have to be to enter a cigar shop, smoke shop, or smoking lounge? Include Federal Law and State Law)
    • Del. Code Ann. tit. 11, § 1119
      • This prohibition shall not apply to business establishments to which individuals under the age of 21 are not admitted unless accompanied by an adult, tobacco vending machines as permitted under subsection (b) of this section, or tobacco stores.
  • Age permitted to use Tobacco
    • Del. Code Ann. tit. 11, § 1116
      • It shall be unlawful for any person to sell or distribute any tobacco product or tobacco substitute to an individual who has not attained the age of 21 years or to purchase any tobacco product or tobacco substitute on behalf of an individual under 21 years of age.
  • Age permitted to sell Tobacco
    • No law specifies the age for selling tobacco
  • Age permitted to purchase Tobacco
    • Del. Code Ann. tit. 11, § 1116
      • It shall be unlawful for any person to sell or distribute any tobacco product or tobacco substitute to an individual who has not attained the age of 21 years or to purchase any tobacco product or tobacco substitute on behalf of an individual under 21 years of age.
  • What is the consumable limit (if any)
    • N/A
  • What is the purchase limit (if any)
    • N/A
  • Are vaping products regulated differently from traditional tobacco in this state?
    • No
  • Are flavored vapes or disposable e-cigarettes banned?
    • FDA
    • Federal law prohibits the sale of closed-system devices (pods, cartridges) containing e-liquid in flavors other than tobacco or menthol.

Cannabis

  • Age permitted to access Cannabis Retailers and Venues (How old do you have to be to enter a dispensary or smoke shop? Include Federal Law and State Law)
    • Delaware Title 4, Chapter, 1306
      • (a) Nothing in this chapter is intended to permit the transfer of marijuana, with or without remuneration, to an individual under the age of 21 or to allow an individual under the age of 21 to purchase, possess, use, transport, or consume marijuana.
      • (b) It is unlawful for an individual under the age of 21 years to knowingly enter or remain in an establishment licensed under this chapter. A violation of this subsection is a civil offense punishable by a civil penalty of $50.
  • Age permitted to use Cannabis
    • Delaware Title 4, Chapter, 1302
      • (5) “Consumer” means an individual 21 years of age or older who purchases marijuana, marijuana products, or marijuana accessories for personal use by the individual or other individuals 21 years of age or older, but not for resale to others.
  • Age permitted to sell Cannabis
    • Delaware Title 4, Chapter, 1303
      • An individual who is 21 years of age or older is authorized to manufacture, possess, and purchase marijuana accessories, and to distribute or sell marijuana accessories, to an individual who is 21 years of age or older.
  • Age permitted to purchase Cannabis
    • Delaware Title 4, Chapter, 1306
      • (a) Nothing in this chapter is intended to permit the transfer of marijuana, with or without remuneration, to an individual under the age of 21 or to allow an individual under the age of 21 to purchase, possess, use, transport, or consume marijuana.
    • Delaware Title 4, Chapter, 1312
      • (a) Whoever sells any marijuana to a person who has not reached the age of 21 years, or sells to any person of more than such age any marijuana knowing that such marijuana is bought for a person who is less than 21 years of age shall be subject to a civil penalty not less than $250 nor more than $500.
      • (b) In any enforcement action under this section, it is an affirmative defense that the individual who is under 21 years old presented identification, with a photograph of such individual affixed thereon, to the accused and the identification set forth information which would lead a reasonable person to believe such individual was 21 years old or older.
  • What is the consumable limit (if any)
    • N/A
  • What is the purchase limit (if any)
    • N/A
  • Can minors obtain medical cannabis with a prescription?
    • Delaware Title 16, Chapter 49A, 4902A
      • (4) “Designated caregiver” means a person who:
      • a. Is at least 21 years of age unless the person is the parent or legal guardian of a minor who is a qualifying patient;

Adult Media

  • Age permitted to access Adult Content ONLINE
  • Age permitted to access Adult Retailers and Venues (Sex shops, Strip Clubs, burlesque)
    • Delaware Title 24, Chapter 16, 1629
      • (a) It shall be unlawful for an owner, manager, operator, procurer, employee or independent contractor of an adult entertainment establishment to knowingly admit or allow to remain on the premises of such establishment an individual under the age of 18 years.
      • (b) Any person who violates this section shall be fined in the amount of $1,000 for the first conviction, and in the amount of $5,000 for each subsequent conviction.
      • (c) It shall be an affirmative defense to a prosecution under this section that the minor presented to the accused identification, with a photograph of such minor affixed thereon, which identification sets forth information which would lead a reasonable person to believe such individual was 18 years of age or older.
  • Are websites required to verify age for accessing adult content?
    • Delaware Title 24, Chapter 16, 1629
      • (a) It shall be unlawful for an owner, manager, operator, procurer, employee or independent contractor of an adult entertainment establishment to knowingly admit or allow to remain on the premises of such establishment an individual under the age of 18 years.
      • (b) Any person who violates this section shall be fined in the amount of $1,000 for the first conviction, and in the amount of $5,000 for each subsequent conviction.
      • (c) It shall be an affirmative defense to a prosecution under this section that the minor presented to the accused identification, with a photograph of such minor affixed thereon, which identification sets forth information which would lead a reasonable person to believe such individual was 18 years of age or older.
  • What penalties exist for providing minors access to adult material online?
    • Title 18 Section 1470 Federal laws prohibit the distribution of obscene materials to minors. Violations can result in significant fines and imprisonment.
  • What is the minimum age to work in the adult entertainment industry?
    • Delaware Title 24, Chapter 16, 1629
      • (a) It shall be unlawful for an owner, manager, operator, procurer, employee or independent contractor of an adult entertainment establishment to knowingly admit or allow to remain on the premises of such establishment an individual under the age of 18 years.
      • (b) Any person who violates this section shall be fined in the amount of $1,000 for the first conviction, and in the amount of $5,000 for each subsequent conviction.
      • (c) It shall be an affirmative defense to a prosecution under this section that the minor presented to the accused identification, with a photograph of such minor affixed thereon, which identification sets forth information which would lead a reasonable person to believe such individual was 18 years of age or older.
  • Are there restrictions on employment terms for adult content creators?
    • Answer

Voting

  • Age permitted to register to vote in the state
  • Age permitted to vote in the state
    • 15 Del C. § 2050A
    • You may register to vote if you:
      • Are a citizen of the United States, AND
      • Are a resident of the state, AND
      • Will be 18 years old on or before the date of the next General Election.
  • What Identification requirements are needed to vote on a regular ballot
    • Title 15, Chapter 49, 4937
      • (a) A voter, upon entering the room where an election is being held, shall announce that voter’s own name and address and provide proof of identity, whereupon the clerks shall place a mark or make a notation of his or her name upon the election district record. In the event the voter does not have proof of identity with them, the voter shall sign an affidavit of affirmation that the voter is the person listed on the election district record.
      • (b) If it appears that the voter is properly registered, an election officer shall hand to the voter a voter signature card which the voter shall sign. In the event that the voter is unable to sign a voter signature card for any reason the election officer shall sign the voter’s name on the voter signature card and the election officer’s name and make note that the voter is unable to personally sign the card.
  • What Identification requirements are needed to vote on a Provisional ballot
    • Title 15, Chapter 49, 4948
      • (b) A person claiming to be properly registered in an election district, but whose eligibility to vote at that election district cannot be determined, shall be entitled to vote a provisional ballot. Election officers shall inform a person who is not being permitted to vote for whatever reason that the person may cast a provisional ballot in that election. The inspector shall return all voted provisional ballots to the Department on the night of the election.
      • (c) Persons voting a provisional ballot shall present proof of identity and address to the election officers. The type of ID shown by the voter shall be annotated on the provisional ballot envelope. If the person does not show proof of identity or address, the person shall be permitted to vote by provisional ballot and the fact that the person did not show proof of identity and/or address shall be annotated on the provisional ballot envelope.

Legal

  • Laws on Presenting Identification to Law Enforcement
    • Under what circumstances is a person required to show ID to police?
      • Title 11, Chapter 19, 1902 – Only if you are committing a crime
        • (a) A peace officer may stop any person abroad, or in a public place, who the officer has reasonable ground to suspect is committing, has committed or is about to commit a crime, and may demand the person’s name, address, business abroad and destination.
      • Terry v. Ohio, 392 US
        • When an officer has reasonable suspicion that the person is involved in a crime
    • Can you be detained or arrested for refusing to show ID?
      • Yes – Title 11, Chapter 19, 1902
        • (b) Any person so questioned who fails to give identification or explain the person’s actions to the satisfaction of the officer may be detained and further questioned and investigated.
        • (c) The total period of detention provided for by this section shall not exceed 2 hours. The detention is not an arrest and shall not be recorded as an arrest in any official record. At the end of the detention the person so detained shall be released or be arrested and charged with a crime.
  • “Stop and Identify” Laws in this state
    • What is this state’s specific laws regarding police stops and ID requirements?
      • No, stop and identify laws
    • Do you have the right to remain silent or refuse to provide ID in certain situations?
  • Public Place ID Requirements
  • Traffic Stops and ID Requirements
    • Are you required to provide an ID when pulled over by law enforcement?
    • What are the consequences of refusing to show ID during a traffic stop?
      • Title 21, Chapter 27, 2721
        • (b) The licensee shall have such license in the licensee’s immediate possession at all times when driving a motor vehicle and shall display the same upon demand of a uniformed police officer, justice of the peace, peace officer or motor vehicle inspector. It shall be a defense to any charge under this subsection if the person so charged produces in court an operator’s license theretofore issued to such person and valid at the time of the arrest
  • Passenger ID Requirements in Vehicles
    • Do passengers need to show ID if a vehicle is stopped by law enforcement?
      • No
    • Can passengers legally refuse to provide ID?
      • Yes – if there is no crime being committed
  • Curfew Laws for Minors
    • Are minors required to carry ID to prove their age if stopped past curfew?
      • Delaware has no statewide curfew for juveniles, but individual cities, towns, and counties may have their own curfew laws.
    • What are the penalties for violating curfew laws?
      • Depends on the city
  • Trespassing and ID Requirements
    • Can police demand ID if someone is suspected of trespassing?
    • What are the consequences of refusing to provide identification in such situations?
      • Detention