Disclaimer Contents State List
DELAWARE
The information provided is not
for commercial use it is intended only for informational use. There has been
no attempt to make a complete list of all or related statutes. There is no
guarantee of the completeness or accuracy of the information provided. Please Seek Professional Legal advice and visit the State’s official web
site and consult the Bound Volumes of the State’s Statutes for more
information.
URL : LEGIS.STATE.DE.US and DELCODE.STATE.DEUS/
(a)
Mistake as to age. -- Whenever in the definition of a sexual offense, the
criminality of conduct depends on whether the person has reached his or her
sixteenth birthday, it is no defense that the actor did not know the person's
age, or that the actor reasonably believed that the person had reached his or
her sixteenth birthday.
(b)
Gender. -- Unless a contrary meaning is clearly required, the male pronoun
shall be deemed to refer to both male and female.
(c)
Separate acts of sexual contact, penetration and sexual intercourse. -- Nothing
in this title precludes a defendant from being charged with separate offenses
when multiple acts of sexual contact, penetration or intercourse are committed
against the same victim.
(d)
Teenage defendant. -- As to sexual offenses in which the victim's age is an
element of the offense because the victim has not yet reached his or her
sixteenth birthday, where the person committing the sexual act is no more than
4 years older than the victim, it is an affirmative defense that the victim
consented to the act "knowingly" as defined in § 231 of this title.
Sexual conduct pursuant to this section will not be a crime. This affirmative
defense will not apply if the victim had not yet reached his or her twelfth
birthday at the time of the act.
(a)
A person is guilty of incest if the person engages in sexual intercourse with
another person with whom the person has one of the following relationships:
A
male and his child.
A
male and his parent.
A
male and his brother.
A
male and his sister.
A
male and his grandchild.
A
male and his niece or nephew.
A
male and his father's sister or brother.
A
male and his mother's sister or brother.
A
male and his father's wife.
A
male and his wife's child.
A
male and the child of his wife's son or daughter.
A
female and her parent.
A
female and her child.
A
female and her brother.
A
female and her sister.
A
female and her grandchild.
A
female and her niece or nephew.
A
female and her father's sister or brother.
A
female and her mother's sister or brother.
A
female and her mother's husband.
A
female and her husband's child.
A
female and the child of her husband's son or daughter.
(b)
The relationships referred to herein include blood relationships without regard
to legitimacy and relationships by adoption.
Incest is a class A misdemeanor and is an offense within the original jurisdiction of the Family Court.
A
person is guilty of unlawful sexual contact in the third degree when the person
has sexual contact with another person or causes the victim to have sexual
contact with the person or a third person and the person knows that the contact
is either offensive to the victim or occurs without the victim's consent.
Unlawful
sexual contact in the third degree is a class A misdemeanor.
A
person is guilty of unlawful sexual contact in the second degree when the
person intentionally has sexual contact with another person who is less than 16
years of age or causes the victim to have sexual contact with the person or a
third person.
Unlawful
sexual contact in the second degree is a class G felony.
A
person is guilty of unlawful sexual contact in the first degree when, in the
course of committing unlawful sexual contact in the third degree or in the
course of committing unlawful sexual contact in the second degree, or during
the immediate flight from the crime, or during an attempt to prevent the
reporting of the crime, the person causes physical injury to the victim or the
person displays what appears to be a deadly weapon or represents by word or
conduct that the person is in possession or control of a deadly weapon or
dangerous instrument.
Unlawful
sexual contact in the first degree is a class F felony.
(a)
A person is guilty of rape in the fourth degree when the person:
(1)
Intentionally engages in sexual intercourse with another person, and the victim
has not yet reached his or her sixteenth birthday; or
(2)
Intentionally engages in sexual intercourse with another person, and the victim
has not yet reached his or her eighteenth birthday, and the person is 30 years
of age or older, except that such intercourse shall not be unlawful if the
victim and person are married at the time of such intercourse; or
(3)
Intentionally engages in sexual penetration with another person under any of
the following circumstances:
a.
The sexual penetration occurs without the victim's consent; or
b.
The victim has not reached his or her sixteenth birthday; or
(4)
Intentionally engages in sexual intercourse or sexual penetration with another
person, and the victim has reached his or her sixteenth birthday but has not
yet reached his or her eighteenth birthday and the defendant stands in a
position of trust, authority or supervision over the child, or is an invitee or
designee of a person who stands in a position of trust, authority or
supervision over the child.
(b)
Subsections (a)(3) and (a)(4) of this section do not apply to a licensed
medical doctor or nurse who places 1 or more fingers or an object inside a
vagina or anus for the purpose of diagnosis or treatment or to a law
enforcement officer who is engaged in the lawful performance of his or her
duties.
Rape
in the fourth degree is a class C felony.
(a)
A person is guilty of rape in the third degree when the person:
(1)
Intentionally engages in sexual intercourse with another person, and the victim
has not reached his or her sixteenth birthday and the person is at least 10
years older than the victim, or the victim has not yet reached his or her
fourteenth birthday and the person has reached his or her nineteenth birthday
and is not otherwise subject to prosecution pursuant to § 772 or § 773 of this
title; or
(2)
Intentionally engages in sexual penetration with another person under any of
the following circumstances:
a.
The sexual penetration occurs without the victim's consent and during the
commission of the crime, or during the immediate flight from the crime, or
during an attempt to prevent the reporting of the crime, the person causes
physical injury or serious mental or emotional injury to the victim; or
b.
The victim has not reached his or her sixteenth birthday and during the
commission of the crime, or during the immediate flight from the crime, or
during an attempt to prevent the reporting of the crime, the person causes
physical injury or serious mental or emotional injury to the victim.
(b)
Subsection (a)(2) of this section does not apply to a licensed medical doctor
or nurse who places 1 or more fingers or an object inside a vagina or anus for
the purpose of diagnosis or treatment, or to a law enforcement officer who is
engaged in the lawful performance of his or her duties.
(c)
Notwithstanding any law to the contrary, in any case in which a violation of
subsection (a) of this section has resulted in the birth of a child who is in
the custody and care of the victim or the victim's legal guardian(s), the court
shall order that the defendant, as a condition of any probation imposed
pursuant to a conviction under this section, timely pay any child support
ordered by the Family Court for such child.
(d)
Nothing in this section shall preclude a separate charge, conviction and
sentence for any other crime set forth in this title, or in the Delaware Code.
Rape
in the third degree is a class B felony.
(a)
A person is guilty of rape in the second degree when the person:
(1)
Intentionally engages in sexual intercourse with another person, and the intercourse
occurs without the victim's consent; or
(2)
Intentionally engages in sexual penetration with another person under any of
the following circumstances:
a.
The sexual penetration occurs without the victim's consent and during the
commission of the crime, or during the immediate flight following the
commission of the crime, or during an attempt to prevent the reporting of the
crime, the person causes serious physical injury to the victim; or
b.
The sexual penetration occurs without the victim's consent, and was facilitated
by or occurred during the course of the commission or attempted commission of:
1.
Any felony; or
2.
Any of the following misdemeanors: reckless endangering in the second degree;
assault in the third degree; terroristic threatening; unlawfully administering
drugs; unlawful imprisonment in the second degree; coercion or criminal
trespass in the first, second or third degree; or
c.
The victim has not yet reached his or her sixteenth birthday and during the
commission of the crime, or during the immediate flight from the crime, or
during an attempt to prevent the reporting of the crime, the person causes
serious physical injury to the victim; or
d.
The sexual penetration occurs without the victim's consent and during the
commission of the crime, or during the immediate flight from the crime, or
during an attempt to prevent the reporting of the crime, the person displays
what appears to be a deadly weapon or represents by word or conduct that the
person is in possession or control of a deadly weapon or dangerous instrument;
or
e.
The victim has not yet reached his or her sixteenth birthday and during the
commission of the crime, or during the immediate flight from the crime, or
during an attempt to prevent the reporting of the crime, the person displays
what appears to be a deadly weapon or represents by word or conduct that the
person is in possession or control of a deadly weapon or dangerous instrument;
or
f.
The sexual penetration occurs without the victim's consent, and a
principal-accomplice relationship within the meaning set forth in § 271 of this
title existed between the defendant and another person or persons with respect
to the commission of the crime; or
g.
The victim has not yet reached his or her twelfth birthday, and the defendant has
reached his or her eighteenth birthday; or
h.
The victim has not yet reached his or her sixteenth birthday and the defendant
stands in a position of trust, authority or supervision over the child, or is
an invitee or designee of a person who stands in a position of trust, authority
or supervision over the child.
(b)
Nothing in this section shall preclude a separate charge, conviction and
sentence for any other crime set forth in this title, or in the Delaware Code.
(c)
Notwithstanding any provision of this title to the contrary, the minimum
sentence for a person convicted of rape in the second degree in violation of
this section shall be 10 years at Level V.
Rape
in the second degree is a class B felony.
(a)
A person is guilty of rape in the first degree when the person intentionally
engages in sexual intercourse with another person and any of the following
circumstances exist:
(1)
The sexual intercourse occurs without the victim's consent and during the commission
of the crime, or during the immediate flight following the commission of the
crime, or during an attempt to prevent the reporting of the crime, the person
causes physical injury or serious mental or emotional injury to the victim; or
(2)
The sexual intercourse occurs without the victim's consent and it was
facilitated by or occurred during the course of the commission or attempted
commission of:
a.
Any felony; or
b.
Any of the following misdemeanors: reckless endangering in the second degree;
assault in the third degree; terroristic threatening; unlawfully administering
drugs; unlawful imprisonment in the second degree; coercion; or criminal
trespass in the first, second or third degree; or
(3)
In the course of the commission of rape in the second, third or fourth degree,
or while in the immediate flight therefrom, the defendant displayed what
appeared to be a deadly weapon or represents by word or conduct that the person
is in possession or control of a deadly weapon or dangerous instrument; or
(4)
The sexual intercourse occurs without the victim's consent, and a
principal-accomplice relationship within the meaning set forth in § 271 of this
title existed between the defendant and another person or persons with respect
to the commission of the crime; or
(5)
The victim has not yet reached his or her twelfth birthday, and the defendant
has reached his or her eighteenth birthday; or
(6)
The victim has not yet reached his or her sixteenth birthday and the defendant
stands in a position of trust, authority or supervision over the child, or is
an invitee or designee of a person who stands in a position of trust, authority
or supervision over the child.
(b)
Nothing contained in this section shall preclude a separate charge, conviction
and sentence for any other crime set forth in this title, or in the Delaware
Code.
(c)
Notwithstanding any law to the contrary, a person convicted of rape in the
first degree shall be sentenced to life imprisonment without benefit of
probation, parole or any other reduction if:
(1)
The victim had not yet reached his or her 16th birthday at the time of the
offense and the person inflicts serious physical injury on the victim; or
(2)
The person intentionally causes serious and prolonged disfigurement to the
victim permanently, or intentionally destroys, amputates or permanently
disables a member or organ of the victim's body; or
(3)
The person is convicted of rape against 3 or more separate victims; or
(4)
The person has previously been convicted of unlawful sexual intercourse in the
first degree, rape in the second degree or rape in the first degree, or any
equivalent offense under the laws of this State, any other state or the United
States.
Rape
in the first degree is a class A felony.
A
person is guilty of sexual extortion when the person intentionally compels or
induces another person to engage in any sexual act involving contact,
penetration or intercourse with the person or another or others by means of
instilling in the victim a fear that, if such sexual act is not performed, the
defendant or another will:
(1)
Cause physical injury to anyone;
(2)
Cause damage to property;
(3)
Engage in other conduct constituting a crime;
(4)
Accuse anyone of a crime or cause criminal charges to be instituted against
anyone;
(5)
Expose a secret or publicize an asserted fact, whether true or false, intending
to subject anyone to hatred, contempt or ridicule;
(6)
Falsely testify or provide information or withhold testimony or information
with respect to another's legal claim or defense; or
(7)
Perform any other act which is calculated to harm another person materially
with respect to the other person's health, safety, business, calling, career,
financial condition, reputation or personal relationships.
Sexual
exploitation is a class E felony.
(a)
A person is guilty of continuous sexual abuse of a child when, either residing
in the same home with the minor child or having recurring access to the child,
the person intentionally engages in 3 or more acts of sexual conduct with a
child under the age of 14 years over a period of time, not less than 3 months
in duration.
(b)
Sexual conduct under this section is defined as any of those criminal sexual
acts defined under § 768, § 769, § 770, § 771, § 772, § 773, or § 1108 of this
title.
(c)
To convict under this section, the trier of fact, if a jury, need unanimously
agree only that the requisite number of acts occurred, not on which acts
constitute the requisite number.
(a)
A "dangerous crime against a child" is defined as any criminal sexual
conduct against a minor under the age of 14 years as defined in §§ 770-773 or
§§ 1108-1112A of this title. For purposes of this section only, and § 762(a) of
this title to the contrary notwithstanding, the defendant may use as an
affirmative defense that the defendant believed that the victim of the crime
was over the age of 16 years of age.
(b)
Except as otherwise provided in this title, a person who is at least 18 years
of age, or who has been tried as an adult and who is convicted of a dangerous
crime against a child as defined in subsection (a) of this section, shall be
guilty of a class B felony. For a second offense under this section, the Court
shall impose a mandatory sentence of life imprisonment.
(c)
A person sentence pursuant to this section shall not be eligible for suspension
of sentence, probation, pardon or release from confinement on any basis until
the sentence imposed by the Court has been served.
In
any prosecution for coercion committed by instilling in the victim a fear that
the victim or another person would be charged with a crime, it is a defense
that the defendant believed the threatened charge to be true and that the
defendant's sole purpose was to compel or induce the victim to take reasonable
action to make good the wrong which was the subject of the threatened charge.
A
person is guilty of sexual exploitation of a child when:
(1)
The person knowingly, photographs or films a child engaging in a prohibited
sexual act or in the simulation of such an act, or otherwise knowingly creates
a visual depiction of a child engaging in a prohibited sexual act or in the
simulation of such an act; or
(2)
The person knowingly, finances or produces any motion picture, video or other
visual depiction of a child engaging in a prohibited sexual act or in the
simulation of such an act; or
(3)
The person knowingly publishes or makes available for public distribution or
sale by any means, including but not limited to computer, any book, magazine,
periodical, pamphlet, photograph, Internet site or web page which depicts a
child engaging in a prohibited sexual act or in the simulation of such an act,
or knowingly publishes or makes available for public distribution or sale by
any means, including computer, any other visual depiction of a child engaging
in a prohibited sexual act or in the simulation of such an act; or
(4)
The person permits, causes, promotes, facilitates, finances, produces or
otherwise advances an exhibition, display or performances of a child engaging
in a prohibited sexual act or the simulation of such an act.
Sexual
exploitation of a child is a class B felony.
(a)
A person is guilty of sexual solicitation of a child if the person, being 18
years of age or older, intentionally or knowingly:
(1)
Solicits, requests, commands, importunes or otherwise attempts to cause any
child who has not yet reached his or her sixteenth birthday to engage in a
prohibited sexual act; or
(2)
Solicits, requests, commands, importunes or otherwise attempts to cause any
child who has not yet reached his or her sixteenth birthday to meet with such
person or any other person for the purpose of engaging in a prohibited sexual
act; or
(3)
Compiles, enters, accesses, transmits, receives, exchanges, disseminates,
stores, makes, prints, reproduces or otherwise possesses by any means,
including by means of computer, any notice, statement, document, advertisement,
file or data containing the name, telephone number, address, e-mail address,
school address or location, physical characteristics or other descriptive or
identifying information pertaining to any child who has not yet reached his or
her sixteenth birthday for the purpose of facilitating, encouraging, offering
or soliciting a prohibited sexual act involving such child and such person or
any other person.
(b)
For the purposes of this section, conduct occurring outside the State shall be
sufficient to constitute this offense if such conduct is within the terms of §
204 of this title, or if the child was within the State at the time of the
prohibited conduct and the defendant was aware of circumstances which rendered
the presence of such child within Delaware a reasonable possibility.
(c)
Sexual solicitation of a child is a class C felony.
(d)
Nothing in this section shall preclude a separate charge, conviction and
sentence for any other crime set forth in this title, or in the Delaware Code.
(a)
A prosecution for murder or any class A felony, or any attempt to commit said
crimes, may be commenced at any time.
(b)
Except as otherwise provided in this section, prosecutions for other offenses
are subject to the following periods of limitation:
(1)
A prosecution for any felony except murder or any class A felony, or any
attempt to commit said crimes, must be commenced within 5 years after it is
committed;
(2)
A prosecution for a class A misdemeanor must be commenced within 3 years after
it is committed;
(3)
A prosecution for a class B misdemeanor, a class C misdemeanor, an unclassified
misdemeanor or a violation must be commenced within 2 years after it is
committed.
(c)
If the period prescribed by subsection (b) of this section has expired, a
prosecution for any offense in which the accused's acts include or constitute
forgery, fraud, breach of fiduciary duty or actively concealed theft or
misapplication of property by an employee, pledgee, bailee or fiduciary may be
commenced within 2 years after discovery of the offense has been made or should
have been made in the exercise of ordinary diligence by an aggrieved party or
by an authorized agent, fiduciary, guardian, personal representative or parent
(in the case of an infant) of an aggrieved party who is not a party to the
offense. In no case shall this provision extend the period of limitation
otherwise applicable by more than an additional 3 years beyond the period
specified in subsection (b) of this section.
(d)
If the period prescribed by subsection (b) of this section has expired, a prosecution
for any offense based upon misconduct in office by a public officer or employee
may be commenced at any time when the defendant is in public office or
employment or within 2 years thereafter. In no case shall this provision extend
the period of limitation otherwise applicable by more than an additional 3
years beyond the period specified in subsection (b) of this section.
(e)
Notwithstanding the period prescribed by subsection (b) of this section, a
prosecution for any crime that is delineated in Subpart D of Subchapter II of
Chapter 5 of this title, or is otherwise defined as a "sexual
offense" by § 761 of this title except §§ 763, 764 or 765 of this title,
or any attempt to commit said crimes, may be commenced at any time. No
prosecution under this subsection shall be based upon the memory of the victim
that has been recovered through psychotherapy unless there is some evidence of
the corpus delicti independent of such repressed memory. This subsection
applies to all causes of action arising before, on or after July 15, 1992, and
to the extent consistent with this subsection, it shall revive causes of action
that would otherwise be barred by this section.
(f)
An offense is committed either when every element occurs, or, if a legislative
purpose to prohibit a continuing course of conduct plainly appears, at the time
when the course of conduct or the defendant's complicity therein is terminated.
Time starts to run on the day after the offense is committed.
(g)
For purposes of this section, a prosecution is commenced when either an
indictment is found or an information is filed.
(h)
The period of limitation does not run:
(1)
During any time when the accused is fleeing or hiding from justice so that the
accused's identity or whereabouts within or outside the State cannot be
ascertained, despite a diligent search for the accused; or
(2)
During any time when a prosecution, including a prosecution under a defective
indictment or information, against the accused for the same conduct has been
commenced and is pending in this State.
(i)
If the period prescribed by subsection (b) of this section has expired, a
prosecution for any offense in this title may be commenced within 10 years
after it is committed if based upon forensic DNA testing.
(j)
In any prosecution in which subsection (c), (d), (e), (h) or (i) of this
section is sought to be invoked to avoid the limitation period of subsection
(b) of this section, the State must allege and prove the applicability of
subsection (c), (d), (e), (h) or (i) as an element of the offense.
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Revised 06/06