Operation of noncomplying vessels prohibited; careless operation; inattentive operation; reckless operation; assault by vessel in the second degree; assault by vessel in the first degree.
Del. Code tit. 23, § 2116
in effect(a) No person shall use or give permission for the use of any vessel to which this subchapter applies, unless the vessel is in compliance with the requirements of this subchapter and the applicable standards and regulations promulgated under the authority of this subchapter.
(b) Notwithstanding § 2115(b) of this title, whoever uses a vessel or associated equipment in a careless or imprudent manner, or without due regard for the conditions then existing (i.e., visibility, weather, etc.), shall be guilty of careless operation.
(c) Notwithstanding § 2115(b) of this title, whoever uses a vessel and fails to give full time and attention to the operation of the vessel, or whoever fails to maintain a proper look-out while operating the vessel, shall be guilty of inattentive operation.
(d) Notwithstanding § 2115(b) of this title, whoever uses a vessel or associated equipment in wilful or wanton disregard for the safety of persons or property shall be guilty of reckless operation.
(e) Notwithstanding § 2115(b) of this title, a person is guilty of assault by vessel in the second degree when:
(1) While in the course of operating a vessel, the person’s criminally negligent operation of said vessel causes serious physical injury to another person; or
(2) While in the course of operating a vessel and under the influence of alcohol or drugs, as defined by § 2301 of this title, the person’s negligent operation of said vessel causes physical injury to another person.
Assault by vessel in the second degree is a class B misdemeanor.
(f) Notwithstanding § 2115(b) of this title, a person is guilty of assault by vessel in the first degree when while in the course of operating a vessel and under the influence of alcohol or drugs, as defined by § 2301 of this title, the person’s negligent operation of said vessel causes serious physical injury to another person.
Assault by vessel in the first degree is a class F felony.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title23/c021/sc02/index.htmlFetched: 10/4/2026