§ 1225. Inconsistent statements under oath; no need to prove one false; framing indictment; proof of irreconcilable inconsistency; conviction of lesser offense.
When a person has made 2 statements under oath which are inconsistent to the degree that 1 of them is necessarily false, and the circumstances are such that each statement, if false, is perjurious, the inability of the prosecution to establish specifically which of the 2 statements is the false one does not preclude a prosecution for perjury. The prosecution may be conducted as follows:
(1) The indictment or information may set forth the 2 statements and, without designating either, charge that 1 of them is false and perjurious.
(2) The falsity of one or the other of the 2 statements may be established by proof of their irreconcilable inconsistency. Such proof is sufficient to establish a prima facie case of falsity.
(3) If perjury of different degrees would be established by the making of the 2 statements, hypothetically assuming that each is false and perjurious, the defendant may be convicted of the lesser degree at most.
11 Del. C. 1953, § 1225; 58 Del. Laws, c. 497, § 1.;
§ 1221. Perjury in the third degree; class A misdemeanor.
A person is guilty of perjury in the third degree when the person swears falsely.
Perjury in the third degree is a class A misdemeanor.
A person is guilty of perjury in the second degree when the person swears falsely and when the false statement is:
(1) Made in a written instrument for which an oath is required by law; and
(2) Made with intent to mislead a public servant in the performance of official functions; and
(3) Material to the action, proceeding or matter involved.
Perjury in the second degree is a class F felony.
A person is guilty of perjury in the first degree when the person swears falsely and when the false statement consists of testimony and is material to the action, proceeding or matter in which it is made.
Perjury in the first degree is a class D felony.
§ 1245. Falsely reporting an incident; class A misdemeanor.
A person is guilty of falsely reporting an incident when, knowing the information reported, conveyed or circulated is false or baseless, the person:
(1) Initiates or circulates a false report or warning of or impending occurrence of a fire, explosion, crime, catastrophe or emergency under circumstances in which it is likely that public alarm or inconvenience will result or that fire-fighting apparatus, ambulance or a rescue vehicle might be summoned; or
(2) Reports, by word or action, to any official or quasi-official agency or organization having the function of dealing with emergencies involving danger to life or property, an alleged occurrence or impending occurrence of a fire, explosion or other catastrophe or emergency which did not in fact occur or does not in fact exist; or
(3) Reports to a law-enforcement officer or agency:
a. The alleged occurrence of an offense or incident which did not in fact occur; or
b. An allegedly impending occurrence of an offense or incident which is not in fact about to occur; or
c. False information relating to an actual offense or incident or to the alleged implication of some person therein; or
d. The alleged abduction of a child which would generate the activation of a state-wide and interstate alert response and law enforcement broadcast when such abduction has not, in fact, occurred.
(4) Without just cause, calls or summons by telephone, fire alarm system or otherwise, any fire-fighting apparatus, ambulance or rescue truck.
Falsely reporting an incident is a class A misdemeanor, unless the defendant has violated this section previously, in which case it shall be a class G felony. In addition to the penalties otherwise authorized by law, any person convicted of an offense in violation of this section shall pay a fine of not less than $500, or less than $1,000 for a violation of paragraph (3)d. of this section, which fine cannot be suspended and be sentenced to perform a minimum of 100 hours of community service, and shall be required to reimburse the State, or other responding or other investigating governmental agency, for any expenses expended in the investigation and/or response to the incident falsely reported.
11 Del. C. 1953, § 1245; 58 Del. Laws, c. 497, § 1; 59 Del. Laws, c. 469, § 1; 60 Del. Laws, c. 542, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 412, § 1; 73 Del. Laws, c. 87, § 1; 73 Del. Laws, c. 255, § 2; 75 Del. Laws, c. 86, §§ 1, 2.;
(a) A person is guilty of providing a false statement to law enforcement when, with intent to prevent, hinder or delay the investigation of any crime or offense by a law-enforcement officer or agency, the person knowingly provides any false written or oral statement to the law-enforcement officer or agency when such statement is material to the investigation.
(b) As used in this section:
(1) A "statement" is any oral or written assertion and includes, but is not limited to, any oral utterance, any written document or instrument, any computer-generated document or instrument, any police report, or any representation that a person makes under circumstances evidencing an intent that such be used or knowledge that a law-enforcement officer or agency may use such as an assertion of fact.
(2) A statement is "false" when such statement contains untrue, incomplete or misleading information concerning any fact or thing material to the investigation of a crime or offense by a law-enforcement officer or agency.
(3) A statement is "material" when, regardless of its eventual use or admissibility in an official proceeding, it could have affected the course or outcome of the investigation of a crime or offense by a law-enforcement officer or agency.
(4) An "official proceeding" includes any action or proceeding conducted by or before a legally constituted judicial, administrative or other governmental agency or official, in which evidence or testimony of witnesses may properly be received.
(c) Providing a false statement to law-enforcement is a class G felony if the crime or offense being investigated is a felony.
(d) Providing a false statement to law-enforcement is a class A misdemeanor if the crime or offense being investigated is other than a felony.
A person is guilty of criminal solicitation in the third degree when, intending that another person engage in conduct constituting a misdemeanor, the person solicits, requests, commands, importunes or otherwise attempts to cause the other person to engage in conduct that would constitute the misdemeanor or an attempt to commit the misdemeanor or which would establish the other's complicity in its commission or attempted commission.
Criminal solicitation in the third degree is a class A misdemeanor.
§ 511. Conspiracy in the third degree; class A misdemeanor.
A person is guilty of conspiracy in the third degree when, intending to promote or facilitate commission of a misdemeanor, the person:
(1) Agrees with another person or persons that they or 1 or more of them will engage in conduct constituting the misdemeanor or an attempt or solicitation to commit the misdemeanor; or
(2) Agrees to aid another person or persons in the planning or commission of the misdemeanor or an attempt or solicitation to commit the misdemeanor, and the person or another person with whom the person conspired commits an overt act in pursuance of the conspiracy.
Conspiracy in the third degree is a class A misdemeanor.
A person is guilty of conspiracy in the second degree when, intending to promote or facilitate the commission of a felony, the person:
(1) Agrees with another person or persons that they or 1 or more of them will engage in conduct constituting the felony or an attempt or solicitation to commit the felony; or
(2) Agrees to aid another person or persons in the planning or commission of the felony or an attempt or solicitation to commit the felony; and the person or another person with whom the person conspired commits an overt act in pursuance of the conspiracy.
Conspiracy in the second degree is a class G felony
§ 1311. Harassment; class A misdemeanor.
(a) A person is guilty of harassment when, with intent to harass, annoy or alarm another person:
(1) That person insults, taunts or challenges another person or engages in any other course of alarming or distressing conduct which serves no legitimate purpose and is in a manner which the person knows is likely to provoke a violent or disorderly response or cause a reasonable person to suffer fear, alarm, or distress;
(2) Communicates with a person by telephone, telegraph, mail or any other form of written or electronic communication in a manner which the person knows is likely to cause annoyance or alarm including, but not limited to, intrastate telephone calls initiated by vendors for the purpose of selling goods or services;
(3) Knowingly permits any telephone under that person's control to be used for a purpose prohibited by this section;
(4) In the course of a telephone call that person uses obscene language or language suggesting that the recipient of the call engage with that person or another person in sexual relations of any sort, knowing that the person is thereby likely to cause annoyance or alarm to the recipient of the call; or
(5) Makes repeated or anonymous telephone calls to another person whether or not conversation ensues, knowing that person is thereby likely to cause annoyance or alarm.
(b) Harassment is a class A misdemeanor.
§ 861. Forgery; class F felony; class G felony; class A misdemeanor; restitution required.
(a) A person is guilty of forgery when, intending to defraud, deceive or injure another person, or knowing that the person is facilitating a fraud or injury to be perpetrated by anyone, the person:
(1) Alters any written instrument of another person without the other person's authority; or
(2) Makes, completes, executes, authenticates, issues or transfers any written instrument which purports to be the act of another person, whether real or fictitious, who did not authorize that act, or to have been executed at a time or place or in a numbered sequence other than was in fact the case or to be a copy of an original when no original existed; or
(3) Possesses a written instrument, knowing that it was made, completed or altered under circumstances constituting forgery.
(b) Forgery is classified and punished as follows:(3) All other forgery is forgery in the third degree, a class A misdemeanor.
(c) In addition to any other penalty provided by law for violation of this section, the court shall require a person convicted of a violation of this section to make restitution to the party or parties who suffered loss as a result of such forgery.
This is the website to find information about the perjury and knowingly false police reports made by Tiffany Marie Evans Smith of Dover, Delaware. Since 2009, when she lived in Hartly, DE, Ms. Smith, has made fourteen false reports of crimes to various police agencies and on numerous times lied on applications for protection orders or in motions regarding protection orders.
She has violated 11DE1245, filing false reports to police, numerous times, two of which times there was physical evidence; actual irrefutable evidence that vindicated the accused thus proving that her report was knowingly false. She has made numerous false statements in writing and/or verbally under oath. In some cases she made contradictory statements in court documents, and/or testimony. Per 11DE1225, "the falsity of one or the other of the 2 statements may be established by proof of their irreconcilable inconsistency. Such proof is sufficient to establish a prima facie case of falsity."
The victim of the false swearing, false testimony and false police reports lives in threat of her maliciousness. Because she has never been arrested for the provable perjury or false police reports she continues to commit perjury and make false police reports. Ms. Smith on a frequent basis threatens her ex-husband with quote I will call 911 and have you arrested unquote. She has been empowered by a system that she knows is a powerful tool of coercion and harassment. Only two of her false reports to the police failed in her attempts to have her ex-husband arrested.
As a result of the fact that the ex-husband was at one time, unfortunately, married to Tiffany Smith, she is in a special class and can have him arrested, at will, by calling one of the police agencies in Delaware that have "mandatory arrest" policies for allegations of any crime that she cares to fabricate because they are "domestic". Agencies that do not have mandatory arrest policies seem to still require more than just words from her mouth. Agencies that do have mandatory arrest policies have used the accusation as probable cause and not required any substantiation or physical evidence to corroborate the verbal accusation of a crime.