Delaware Code Title 14 Chapter 90B lists the following offenses, or equivalent laws of any state or under any military, territorial, foreign, tribal or federal law, that Wilmington University will review prior to notification of admission. For the most up to date information on these crimes please see Delaware Code Title 11 Delaware Code Online.

§ 761. Definitions generally applicable to sexual offenses.

1. “Cognitive disability” means a developmental disability that substantially impairs an individual’s cognitive abilities including, but not limited to, delirium, dementia and other organic brain disorders for which there is an identifiable pathologic condition, as well as nonorganic brain disorders commonly called functional disorders. “Cognitive disability” also includes conditions of mental retardation, severe cerebral palsy, and any other condition found to be closely related to mental retardation because such condition results in the impairment of general intellectual functioning or adaptive behavior similar to that of persons who have been diagnosed with mental retardation, or such condition requires treatment and services similar to those required for persons who have been diagnosed with mental retardation.
2. “Cunnilingus” means any oral contact with the female genitalia.
3. “Fellatio” means any oral contact with the male genitalia.
4. “Object” means any item, device, instrument, substance or any part of the body. It does not mean a medical instrument used by a licensed medical doctor or nurse for the purpose of diagnosis or treatment.
5. “Position of trust, authority or supervision over a child” includes, but is not limited to:
   1. Familial, guardianship or custodial authority or supervision; or
   2. A teacher, coach, counselor, advisor, mentor or any other person providing instruction or educational services to a child or children, whether such person is compensated or acting as a volunteer; or
   3. A babysitter, child care provider, or child care aide, whether such person is compensated or acting as a volunteer; or
   4. A health professional, meaning any person who is licensed or who holds himself or herself out to be licensed or who otherwise provides professional physical or mental health services, diagnosis, treatment or counseling which shall include, but not be limited to, doctors of medicine and osteopathy, dentists, nurses, physical therapists, chiropractors, psychologists, social workers, medical technicians, mental health counselors, substance abuse counselors, marriage and family counselors or therapists and hypnotherapists, whether such person is compensated or acting as a volunteer; or
   5. Clergy, including but not limited to any minister, pastor, rabbi, lay religious leader, pastoral counselor or any other person having regular direct contact with children through affiliation with a church or religious institution, whether such person is compensated or acting as a volunteer; or
   6. Any law-enforcement officer, as that term is defined in § 222 of this title, and including any person acting as an officer or counselor at a correctional or counseling institution, facility or organization, whether such person is compensated or acting as a volunteer; or
   7. Any other person who because of that person’s familial relationship, profession, employment, vocation, avocation or volunteer service has regular direct contact with a child or children and in the course thereof assumes responsibility, whether temporarily or permanently, for the care or supervision of a child or children.
6. “Semen” means fluid produced in the male reproductive organs, which may include spermatozoa.
7. 1. “Sexual contact” means any of the following touching, if the touching, under the circumstances as viewed by a reasonable person, is intended to be sexual in nature:
      1. Any intentional touching by the defendant of the anus, breast, buttocks, or genitalia of another person.
      2. Any intentional touching of another person with the defendant’s anus, breast, buttocks, semen, or genitalia.
      3. Intentionally causing or allowing another person to touch the defendant’s anus, breast, buttocks, or genitalia.
   2. “Sexual contact” includes touching when covered by clothing.
8. “Sexual intercourse” means:
   1. Any act of physical union of the genitalia or anus of 1 person with the mouth, anus or genitalia of another person. It occurs upon any penetration, however slight. Ejaculation is not required. This offense encompasses the crimes commonly known as rape and sodomy; or
   2. Any act of cunnilingus or fellatio regardless of whether penetration occurs. Ejaculation is not required.
9. “Sexual offense” means any offense defined by §§ 763 through 780, 783(4), 783(6), 783A(4), 783A(6), 787(b)(3), 787(b)(4), 1100A, 1108 through 1112B, 1335(a)(6), 1335(a)(7), 1352(2), and 1353(2), and 1361(b) of this title.
10. “Sexual penetration” means:
    1. The unlawful placement of an object, as defined in subsection (d) of this section, inside the anus or vagina of another person; or
    2. The unlawful placement of the genitalia or any sexual device inside the mouth of another person.
11. “Without consent” means:
    1. The defendant compelled the victim to submit by any act of coercion as defined in §§ 791 and 792 of this title, or by force, by gesture, or by threat of death, physical injury, pain or kidnapping to be inflicted upon the victim or a third party, or by any other means which would compel a reasonable person under the circumstances to submit. It is not required that the victim resist such force or threat to the utmost, or to resist if resistance would be futile or foolhardy, but the victim need resist only to the extent that it is reasonably necessary to make the victim’s refusal to consent known to the defendant; or
    2. The defendant knew that the victim was unconscious, asleep or otherwise unaware that a sexual act was being performed; or
    3. The defendant knew that the victim suffered from a cognitive disability, mental illness or mental defect which rendered the victim incapable of appraising the nature of the sexual conduct or incapable of consenting; or
    4. Where the defendant is a health professional, as defined herein, or a minister, priest, rabbi or other member of a religious organization engaged in pastoral counseling, the commission of acts of sexual contact, sexual penetration or sexual intercourse by such person shall be deemed to be without consent of the victim where such acts are committed under the guise of providing professional diagnosis, counseling or treatment and where at the times of such acts the victim reasonably believed the acts were for medically or professionally appropriate diagnosis, counseling or treatment, such that resistance by the victim could not reasonably have been manifested. For purposes of this paragraph, “health professional” includes all individuals who are licensed or who hold themselves out to be licensed or who otherwise provide professional physical or mental health services, diagnosis, treatment or counseling and shall include, but not be limited to, doctors of medicine and osteopathy, dentists, nurses, physical therapists, chiropractors, psychologists, social workers, medical technicians, mental health counselors, substance abuse counselors, marriage and family counselors or therapists and hypnotherapists; or
    5. The defendant had substantially impaired the victim’s power to appraise or control the victim’s own conduct by administering or employing without the other person’s knowledge or against the other person’s will, drugs, intoxicants or other means for the purpose of preventing resistance.
12. A child who has not yet reached that child’s sixteenth birthday is deemed unable to consent to a sexual act with a person more than 4 years older than said child. Children who have not yet reached their twelfth birthday are deemed unable to consent to a sexual act under any circumstances.

11 Del. C. 1953, §  773; 58 Del. Laws, c. 497, §  1; 60 Del. Laws, c. 416, §  1; 61 Del. Laws, c. 56; 65 Del. Laws, c. 494, §  1; 66 Del. Laws, c. 269, §§  27, 28; 69 Del. Laws, c. 44, §  1; 69 Del. Laws, c. 440, §§  1, 2; 70 Del. Laws, c. 186, §  1; 71 Del. Laws, c. 285, §§  3-7; 71 Del. Laws, c. 467, §  6; 72 Del. Laws, c. 109, §  1; 74 Del. Laws, c. 345, §  2; 75 Del. Laws, c. 392, §  2; 76 Del. Laws, c. 66, §  1; 77 Del. Laws, c. 150, §§  1-3; 77 Del. Laws, c. 318, §  1; 80 Del. Laws, c. 175, §  2; 82 Del. Laws, c. 150, § 1; 83 Del. Laws, c. 37, § 5; 

§ 762. Provisions generally applicable to sexual offenses.

1. Mistake as to age. — Whenever in the definition of a sexual offense, the criminality of conduct or the degree of the offense depends on whether the person has reached that person’s 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 that person’s sixteenth birthday.
2. Gender. — Unless a contrary meaning is clearly required, the male pronoun shall be deemed to refer to both male and female.
3. 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.
4. 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 that victim’s 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 that victim’s twelfth birthday at the time of the act.

11 Del. C. 1953, §  772; 58 Del. Laws, c. 497, §  1; 59 Del. Laws, c. 547, §  3; 61 Del. Laws, c. 56, §  3; 65 Del. Laws, c. 494, §  1; 66 Del. Laws, c. 269, §§  33, 34; 70 Del. Laws, c. 186, §  1; 71 Del. Laws, c. 285, §§  8, 9; 75 Del. Laws, c. 392, §  3; 

§ 763. Sexual harassment; unclassified misdemeanor.

A person is guilty of sexual harassment when:

1. The person threatens to engage in conduct likely to result in the commission of a sexual offense against any person; or
2. The person suggests, solicits, requests, commands, importunes or otherwise attempts to induce another person to have sexual contact or sexual intercourse or unlawful sexual penetration with the actor, knowing that the actor is thereby likely to cause annoyance, offense or alarm to that person.

Sexual harassment is an unclassified misdemeanor.

65 Del. Laws, c. 494, §  1; 67 Del. Laws, c. 130, §  8; 70 Del. Laws, c. 186, §  1; 

§ 764. Indecent exposure in the second degree; unclassified misdemeanor.

1. A male is guilty of indecent exposure in the second degree if he exposes his genitals or buttocks under circumstances in which he knows his conduct is likely to cause affront or alarm to another person.
2. A female is guilty of indecent exposure in the second degree if she exposes her genitals, breast or buttocks under circumstances in which she knows her conduct is likely to cause affront or alarm to another person.

Indecent exposure in the second degree is an unclassified misdemeanor.

11 Del. C. 1953, §  768; 58 Del. Laws, c. 497, §  1; 65 Del. Laws, c. 494, §  1; 66 Del. Laws, c. 269, §  17; 67 Del. Laws, c. 130, §  8; 70 Del. Laws, c. 186, §  1; 

§ 765. Indecent exposure in the first degree; class A misdemeanor.

1. A male is guilty of indecent exposure in the first degree if he exposes his genitals or buttocks to a person who is less than 16 years of age under circumstances in which he knows his conduct is likely to cause affront or alarm.
2. A female is guilty of indecent exposure in the first degree if she exposes her genitals, breast or buttocks to a person who is less than 16 years of age under circumstances in which she knows her conduct is likely to cause affront or alarm.

Indecent exposure in the first degree is a class A misdemeanor.

11 Del. C. 1953, §  768; 58 Del. Laws, c. 497, §  1; 65 Del. Laws, c. 494, §  1; 66 Del. Laws, c. 269, §  18; 67 Del. Laws, c. 130, §  8; 70 Del. Laws, c. 186, §  1; 

§ 766. Incest; class A misdemeanor.

1. A person is guilty of incest if the person engages in sexual intercourse with another person with whom the person has 1 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.
2. 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.

11 Del. C. 1953, §  771; 58 Del. Laws, c. 497, §  1; 65 Del. Laws, c. 494, §  1; 67 Del. Laws, c. 130, §  8; 70 Del. Laws, c. 186, §  1; 

§ 767. Unlawful sexual contact in the third degree; class A misdemeanor.

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.

11 Del. C. 1953, §  761; 58 Del. Laws, c. 497, §  1; 65 Del. Laws, c. 494, §  1; 66 Del. Laws, c. 269, §  19; 67 Del. Laws, c. 130, §  8; 70 Del. Laws, c. 186, §  1; 

§ 768. Unlawful sexual contact in the second degree; class F felony.

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 18 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 F felony.

11 Del. C. 1953, §§  761, 762; 58 Del. Laws, c. 497, §  1; 65 Del. Laws, c. 494, §  1; 66 Del. Laws, c. 269, §  20; 67 Del. Laws, c. 130, §  8; 70 Del. Laws, c. 186, §  1; 76 Del. Laws, c. 364, §  1; 77 Del. Laws, c. 148, §  33; 

§ 769. Unlawful sexual contact in the first degree; class D felony.

1. A person is guilty of unlawful sexual contact in the first degree when:
   1. 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 dangerous instrument; or represents by word or conduct that the person is in possession or control of a deadly weapon or dangerous instrument.
   2. [Repealed.]
   3. The person intentionally has sexual contact with another person who is less than 13 years of age or causes the victim to have sexual contact with the person or a third person.
2. Unlawful sexual contact in the first degree is a class D felony.

11 Del. C. 1953, §  767; 58 Del. Laws, c. 497, §  1; 61 Del. Laws, c. 56, §  2; 65 Del. Laws, c. 494, §  1; 66 Del. Laws, c. 269, §  21; 67 Del. Laws, c. 130, §  8; 70 Del. Laws, c. 186, §  1; 74 Del. Laws, c. 93, §  3; 75 Del. Laws, c. 392, §  1; 76 Del. Laws, c. 364, §  2; 77 Del. Laws, c. 148, §  34; 77 Del. Laws, c. 318, §  7; 

§ 770. Rape in the fourth degree; class C felony.

1. 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 that victim’s sixteenth birthday; or
   2. Intentionally engages in sexual intercourse with another person, and the victim has not yet reached that victim’s 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:
      1. The sexual penetration occurs without the victim’s consent; or
      2. The victim has not reached that victim’s sixteenth birthday.
   4. [Repealed.]
2. Paragraph (a)(3) 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.

Rape in the fourth degree is a class C felony.

71 Del. Laws, c. 285, §  10; 70 Del. Laws, c. 186, §  1; 77 Del. Laws, c. 318, §§  7, 9; 

§ 771. Rape in the third degree; class B felony.

1. 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 that victim’s sixteenth birthday and the person is at least 10 years older than the victim, or the victim has not yet reached that victim’s fourteenth birthday and the person has reached that person’s 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:
      1. 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
      2. The victim has not reached that victim’s 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.
   3. [Repealed.]
2. Paragraph (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.
3. 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 or guardians, 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.
4. 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.

71 Del. Laws, c. 285, §  11; 70 Del. Laws, c. 186, §  1; 77 Del. Laws, c. 271, §§  4-6; 77 Del. Laws, c. 318, §§  7, 8; 

§ 772. Rape in the second degree; class B felony.

1. 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:
      1. 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
      2. 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
      3. The victim has not yet reached that victim’s 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
      4. 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
      5. The victim has not yet reached that victim’s 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
      6. 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
      7. The victim has not yet reached that victim’s twelfth birthday, and the defendant has reached that defendant’s eighteenth birthday.
      8. [Repealed.]
2. 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.
3. 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.

71 Del. Laws, c. 285, §  12; 70 Del. Laws, c. 186, §  1; 74 Del. Laws, c. 93, §  3; 77 Del. Laws, c. 318, §  7; 

§ 773. Rape in the first degree; class A felony.

1. 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:
      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
   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 that victim’s twelfth birthday, and the defendant has reached that defendant’s eighteenth birthday.
   6. [Repealed.]
2. 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.
3. 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 that victim’s sixteenth 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.

71 Del. Laws, c. 285, §  13; 70 Del. Laws, c. 186, §  1; 74 Del. Laws, c. 93, §  3; 77 Del. Laws, c. 318, §  7; 

§ 774. Sexual extortion; class E 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 extortion is a class E felony.

68 Del. Laws, c. 379, §  1; 70 Del. Laws, c. 186, §  1; 77 Del. Laws, c. 318, §§  2, 6; 

§ 775. Bestiality.

A person is guilty of bestiality when the person intentionally engages in any sexual act involving sexual contact, penetration or intercourse with the genitalia of an animal or intentionally causes another person to engage in any such sexual act with an animal for purposes of sexual gratification.

Bestiality is a class D felony.

69 Del. Laws, c. 91, §  1; 70 Del. Laws, c. 186, §  1; 77 Del. Laws, c. 318, §  6; 

§ 776. Continuous sexual abuse of a child; class B felony.

1. 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 18 years of age over a period of time, not less than 3 months in duration.
2. Sexual conduct under this section is defined as any of those criminal sexual acts defined under § 768, § 769, § 770, § 771, § 772, § 773, 777A, § 778, § 778A or § 1108 of this title.
3. 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.
4. Continuous sexual abuse of a child is a class B felony.

69 Del. Laws, c. 442, §  1; 70 Del. Laws, c. 186, §  1; 75 Del. Laws, c. 392, §  4; 77 Del. Laws, c. 318, §§  3, 4, 6; 

§ 777. Dangerous crime against a child, definitions, sentences.

1. A “dangerous crime against a child” means any criminal sexual conduct against a minor under the age of 14 years as defined in §§ 770-773, § 777A, §§ 778 through 778A, or §§ 1108 through 1112B 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.
2. 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.
3. 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.

70 Del. Laws, c. 124, §  1; 71 Del. Laws, c. 467, §  7; 77 Del. Laws, c. 318, §§  5, 6; 80 Del. Laws, c. 175, §  3; 

§ 777A. Sex offender unlawful sexual conduct against a child.

1. A sex offender who knowingly commits any sexual offense against a child is guilty of sex offender unlawful sexual conduct against a child.
2. For purposes of this section, “sex offender” means as defined in § 4121 of this title.
3. For purposes of this section, the term “sexual offense” shall mean any offense designated as a sexual offense by § 761(i) of this title.
4. For purposes of this section, “child” means any individual who has not reached that child’s eighteenth birthday. If the underlying sexual offense involves an offense defined by §§ 1108 through 1112B of this title, “child” also means any individual who is intended by the defendant to appear to be 14 years of age or less. A sex offender who knowingly possesses any material prohibited by § 1111 of this title is committing an offense against a child for purposes of this section.
5. Sex offender unlawful sexual conduct against a child shall be punished as follows:
   1. If the underlying sexual offense is a misdemeanor, the crime of sex offender unlawful sexual conduct against a child shall be a class G felony except where the child against whom a sexual offense is committed is a child younger than 12 years of age in which case the crime of sex offender unlawful sexual conduct against a child shall be a class C felony;
   2. If the underlying sexual offense is a class C, D, E, F, or G felony, the crime of sex offender unlawful sexual conduct against a child shall be a felony 1 grade higher than the underlying offense except where the child against whom a sexual offense is committed is a child younger than 12 years of age in which case the crime of sex offender unlawful sexual conduct against a child shall be a class B felony;
   3. If the underlying sexual offense is a misdemeanor and the victim is under 18 years of age and has a cognitive disability, the crime of sex offender unlawful sexual conduct against a child shall be a class C felony;
   4. If the underlying sexual offense is a class C, D, E, F, or G felony and the victim is under 18 years of age and has a cognitive disability, the crime of sex offender unlawful sexual conduct against a child shall be a class B felony;
   5. If the underlying sexual offense is a class A or B felony, the crime of sex offender unlawful sexual conduct against a child shall be the same grade as the underlying offense, and the minimum sentence of imprisonment required for the underlying offense shall be doubled.
6. The provisions of this section shall not apply if the defendant is also a child.

76 Del. Laws, c. 66, §  2; 77 Del. Laws, c. 149, §§  1, 2; 77 Del. Laws, c. 150, §  4; 77 Del. Laws, c. 318, §  6; 80 Del. Laws, c. 175, §  4; 82 Del. Laws, c. 150, § 1; 

§ 778. Sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree; penalties.

A person is guilty of sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree when the person:

1. Intentionally engages in sexual intercourse with a child who has not yet reached that child’s own sixteenth birthday and the person 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.
2. Intentionally engages in sexual penetration with a child who has not yet reached that child’s own sixteenth birthday and the person 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.
3. Intentionally engages in sexual intercourse or sexual penetration with a child who has reached that child’s own sixteenth birthday but has not yet reached that child’s own eighteenth birthday when the person is at least 4 years older than the child and the person 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.
4. Intentionally engages in sexual intercourse or sexual penetration with a child and the victim has reached that child’s own sixteenth birthday but has not yet reached that child’s own eighteenth birthday and the person 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.
5. Engages in an act of sexual extortion, as defined in § 774 of this title, against a child who has not yet reached that child’s own sixteenth birthday and the person 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.
6. (6)
   1. 1. Sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree as set forth in paragraph (1) of this section is a class A felony.
      2. Notwithstanding any law to the contrary, a person convicted of sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree as set forth in this paragraph (6) shall be sentenced to life imprisonment without benefit of probation, parole or any other reduction if:
         1. At the time of the offense 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 sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree as set forth in this paragraph (6) against 3 or more separate victims; or
         4. The person has previously been convicted of sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree, 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.
   2. Sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree as set forth in paragraph (2) of this section is a class B felony. Notwithstanding any provision of this title to the contrary, the minimum sentence for a person convicted of sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree as set forth in paragraph (2) of this section shall be 10 years at Level V.
   3. Sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree as set forth in paragraph (3) of this section is a class B felony.
   4. Sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree as set forth in paragraph (4) of this section is a class C felony.
   5. Sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree as set forth in paragraph (5) of this section is a class D felony.
7. 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.

77 Del. Laws, c. 318, §  6; 70 Del. Laws, c. 186, §  1; 

§ 778A. Sexual abuse of a child by a person in a position of trust, authority, or supervision in the second degree; penalties.

1. A person is guilty of sexual abuse of a child by a person in a position of trust, authority, or supervision in the second degree when the person:
   1. Intentionally has sexual contact with a child who has not yet reached that child’s sixteenth birthday or causes the child to have sexual contact with the person or a third person and the person 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.
   2. (2)
      1. a. Is a male who intentionally exposes his genitals or buttocks to a child who has not yet reached that child’s sixteenth birthday under circumstances in which he knows his conduct is likely to cause annoyance, affront, offense, or alarm when the person is at least 4 years older than the child and he 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.
      2. b. Is a female who intentionally exposes her genitals, breast or buttocks to a child who has not yet reached that child’s sixteenth birthday under circumstances in which she knows her conduct is likely to cause annoyance, affront, offense, or alarm when the person is at least 4 years older than the child and she 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.
   3. Suggests, solicits, requests, commands, importunes, or otherwise attempts to induce a child who has not yet reached that child’s sixteenth birthday to have sexual contact or sexual intercourse or unlawful sexual penetration with the person or a third person, knowing that the person is thereby likely to cause annoyance, affront, offense, or alarm to the child or another when the person is at least 4 years older than the child and the person 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.
2. (b)
   1. Sexual abuse of a child by a person in a position of trust, authority, or supervision in the second degree as set forth in paragraph (a)(1) of this section is a class D felony.
   2. Sexual abuse of a child by a person in a position of trust, authority, or supervision in the second degree as set forth in paragraph (a)(2) of this section is a class F felony.
   3. Sexual abuse of a child by a person in a position of trust, authority, or supervision in the second degree as set forth in paragraph (a)(3) of this section is a class G felony.
3. 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.

77 Del. Laws, c. 318, §  6; 70 Del. Laws, c. 186, §  1; 83 Del. Laws, c. 283, § 9; 

§ 779, 779A. Dangerous crime against a child, definitions, sentences; sex offender unlawful conduct against a child [Transferred].

Transferred to §§ 777 and 777A of this title by 77 Del. Laws, c. 318, § 6, effective June 30, 2010.

§ 780. Female genital mutilation.

1. A person is guilty of female genital mutilation when:
   1. A person knowingly circumcises, excises or infibulates the whole or any part of the labia majora, labia minora or clitoris of a female minor; or
   2. A parent, guardian or other person legally responsible or charged with the care or custody of a female minor allows the circumcision, excision or infibulation, in whole or in part, of such minor’s labia majora, labia minora or clitoris.
2. Female genital mutilation is a class E felony.
3. It is not a defense to a violation that the conduct described in subsection (a) of this section above is required as a matter of custom, ritual or standard practice, or that the minor on whom it is performed or the minor’s parent or legal guardian consented to the procedure.
4. A surgical procedure is not a violation of this section if the procedure is:
   1. Necessary to the health of the minor on whom it is performed and is performed by a licensed physician under § 1720 of Title 24 or a physician-in-training under the supervision of a licensed physician; or
   2. Performed on a minor who is in labor or who has just given birth and is performed for medical purposes connected with that labor or birth by a licensed physician under § 1720 of Title 24 or a physician-in-training under the supervision of a licensed physician, or a licensed midwife under § 3336 of Title 18.

70 Del. Laws, c. 438, §  1; 70 Del. Laws, c. 186, §  1; 

§ 780A. Sexual intercourse or penetration with a person in custody; class F felony.

1. It is unlawful for a law-enforcement officer, an employee working at a detention facility, a contractor or employee of a contractor working at a detention facility, or a volunteer working at a detention facility to engage in sexual intercourse or sexual penetration with a person who is in custody, as defined in § 1258 of this title.
2. Subsection (a) of this section does not apply to a licensed medical doctor or nurse when the penetration occurs for the purpose of diagnosis or treatment or to a law-enforcement officer who is lawfully performing job duties.
3. Consent of the person in custody is not a defense to an act in violation of subsection (a) of this section.
4. A violation of subsection (a) of this section is a class F felony.

81 Del. Laws, c. 389, § 1; 

§ 780B. Unlawful sexual contact with a person in custody; class G felony.

1. It is unlawful for a law-enforcement officer, an employee working at a detention facility, a contractor or employee of a contractor working at a detention facility, or a volunteer working at a detention facility to intentionally have sexual contact with a person in custody, as defined in § 1258 of this title.
2. Subsection (a) of this section does not apply to a licensed medical doctor or nurse when the contact occurs for the purpose of diagnosis or treatment or to a law-enforcement officer who is lawfully performing job duties.
3. Consent of the person in custody is not a defense to an act in violation of subsection (a) of this section.
4. A violation of subsection (a) of this section is a class G felony.

81 Del. Laws, c. 389, § 1; 

§ 783. Kidnapping in the second degree; class C felony.

A person is guilty of kidnapping in the second degree when the person unlawfully restrains another person with any of the following purposes:

1. To hold the victim for ransom or reward; or
2. To use the victim as a shield or hostage; or
3. To facilitate the commission of any felony or flight thereafter; or
4. To inflict physical injury upon the victim, or to violate or abuse the victim sexually; or
5. To terrorize the victim or a third person; or
   1. To take or entice any child less than 18 years of age from the custody of the child’s parent, guardian or lawful custodian;
      and the actor voluntarily releases the victim alive, unharmed and in a safe place prior to trial.

Kidnapping in the second degree is a class C felony.

11 Del. C. 1953, §  783; 58 Del. Laws, c. 497, §  1; 59 Del. Laws, c. 547, §  5; 66 Del. Laws, c. 398, §  1; 67 Del. Laws, c. 130, §  8; 70 Del. Laws, c. 186, §  1; 77 Del. Laws, c. 148, §  35; 

§ 783A. Kidnapping in the first degree; class B felony.

A person is guilty of kidnapping in the first degree when the person unlawfully restrains another person with any of the following purposes:

1. To hold the victim for ransom or reward; or
2. To use the victim as a shield or hostage; or
3. To facilitate the commission of any felony or flight thereafter; or
4. To inflict physical injury upon the victim, or to violate or abuse the victim sexually; or
5. To terrorize the victim or a third person; or
6. To take or entice any child less than 18 years of age from the custody of the child’s parent, guardian or lawful custodian;
   and the actor does not voluntarily release the victim alive, unharmed and in a safe place prior to trial.

Kidnapping in the first degree is a class B felony.

59 Del. Laws, c. 547, §  5; 66 Del. Laws, c. 398, §  2; 67 Del. Laws, c. 130, §  8; 70 Del. Laws, c. 186, §  1; 77 Del. Laws, c. 148, §  36; 

§ 787. Trafficking an individual, forced labor and sexual servitude; class D felony; class C felony; class B felony; class A felony.

1. For the purposes of this section, the following definitions shall apply:
   1. “Adult” has the meaning ascribed in § 302 of Title 1;
   2. “Coercion” means:
      1. The use or threat of force against, abduction of, serious harm to, or physical restraint of an individual;
      2. The use of a plan, pattern, or statement with intent to cause an individual to believe that failure to perform an act will result in the use of force against, abduction of, serious harm to, or physical restraint of an individual;
      3. The abuse or threatened abuse of law or legal process;
      4. Controlling or threatening to control an individual’s access to a controlled substance enumerated in § 4714, § 4716, § 4718, § 4720 or § 4722 of Title 16;
      5. The destruction of, taking of, or the threat to destroy or take an individual’s identification document or other property;
      6. Use of debt bondage;
      7. The use of an individual’s physical, cognitive disability or mental impairment, where such impairment has substantial adverse effects on the individual’s cognitive or volitional functions; or
      8. The commission of civil or criminal fraud;
   3. “Commercial sexual activity” means any sexual activity for which anything of value is given, promised to, or received by any person;
   4. “Debt bondage” means inducing an individual to provide:
      1. Commercial sexual activity in payment toward or satisfaction of a real or purported debt; or
      2. Labor or services in payment toward or satisfaction of a real or purported debt if:
      3. The reasonable value of the labor or services is not applied toward the liquidation of the debt; or
      4. The length of the labor or services is not limited and the nature of the labor or services is not defined;
   5. “Forced labor or services” means labor, as defined in this section, or services, as defined in this section, that are performed or provided by another person and are obtained or maintained through coercion as enumerated in paragraph (b)(1) of this section;
   6. “Human trafficking” means the commission of any of the offenses created in subsection (b) of this section;
   7. “Identification document” means a passport, driver’s license, immigration document, travel document, or other government-issued identification document, including a document issued by a foreign government, whether actual or purported;
   8. “Labor or services” means activity having economic or financial value, including commercial sexual activity. Nothing in this definition should be construed to legitimize or legalize prostitution;
   9. “Maintain” means in relation to labor or services, to secure continued performance thereof, regardless of any initial agreement on the part of the victim to perform such type of service;
   10. (10) “Minor” has the meaning ascribed in § 302 of Title 1;
   11. (11) “Obtain” means in relation to labor or services, to secure performance thereof;
   12. (12) “Serious harm” means harm, whether physical or nonphysical, including psychological, economic, or reputational, to an individual which would compel a reasonable individual of the same background and in the same circumstances to perform or continue to perform labor or services or sexual activity to avoid incurring the harm;
   13. (13) “Sexual activity” means any of the sex-related acts enumerated in § 761 of this title, or in § 1342, § 1351, § 1352(1), § 1353(1), § 1354 or § 1355 of this title or sexually-explicit performances;
   14. (14) “Sexually explicit performance” means a live public act or show, production of pornography, or the digital transfer of any of such, intended to arouse or satisfy the sexual desires or appeal to the prurient interest of viewers;
   15. (15) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band recognized by federal law or formally acknowledged by state; and
   16. (16) “Victim” means a person who is subjected to the practices set forth in subsection (b) of this section or to conduct that would have constituted a violation of subsection (b) of this section had 79 Del. Laws, c. 276 been in effect when the conduct occurred, regardless of whether a perpetrator is identified, apprehended, prosecuted or convicted.
2. Prohibited activities. —
   1. Trafficking an individual. — A person is guilty of trafficking an individual if the person knowingly recruits, transports, harbors, receives, provides, obtains, isolates, maintains, advertises, solicits, or entices an individual in furtherance of forced labor in violation of paragraph (b)(2) of this section or sexual servitude in violation of paragraph (b)(3) of this section. Trafficking an individual is a class C felony unless the individual is a minor, in which case it is a class B felony.
   2. Forced labor. — A person is guilty of forced labor if the person knowingly uses coercion to compel an individual to provide labor or services, except where such conduct is permissible under federal law or law of this State other than 79 Del. Laws, c. 276. Forced labor is a class C felony unless the individual is a minor, in which case it is a class B felony.
   3. Sexual servitude. —
      1. A person commits the offense of sexual servitude if the person knowingly:
         1. Maintains or makes available a minor for the purpose of engaging the minor in commercial sexual activity; or
         2. Uses coercion or deception to compel an adult to engage in commercial sexual activity.
      2. Sexual servitude is a class C felony unless the individual is a minor, in which case it is a class B felony.
      3. It is not a defense in a prosecution under paragraph (b)(3)a.1. of this section that the minor consented to engage in commercial sexual activity or that the defendant believed the minor was an adult.
   4. Patronizing a victim of sexual servitude. — A person is guilty of patronizing a victim of sexual servitude if the person knowingly gives, agrees to give, or offers to give anything of value so that the person may engage in commercial sexual activity with another person and the person knows that the other person is a victim of sexual servitude. Patronizing a victim of sexual servitude is a class D felony unless the victim of sexual servitude is a minor, in which case it is a class C felony. It is not a defense in a prosecution when the victim of sexual servitude is a minor that the minor consented to engage in commercial sexual activity or that the defendant believed the minor was an adult.
   5. Trafficking of persons for use of body parts. — A person is guilty of trafficking of persons for use of body parts when a person knowingly:
      1. Recruits, entices, harbors, provides or obtains by any means, another person, intending or knowing that the person will have body parts removed for sale; or
      2. Benefits, financially or by receiving anything of value, from participation in a venture which has engaged in an act described in violation of this section. Such person shall be guilty of a class A felony. Nothing contained herein shall be construed as prohibiting the donation of an organ by an individual at a licensed medical facility after giving an informed voluntary consent.
   6. Aggravating circumstance. — An aggravating circumstance during the commission of an offense under paragraphs (b)(1)-(3) of this section occurs when:
      1. The person recruited, enticed, or obtained the victim from a shelter designed to serve victims of human trafficking, victims of domestic violence, victims of sexual assault, runaway youth, foster children, or the homeless; or
      2. The person used or threatened use of force against, abduction of, serious harm to, or physical restraint of the victim.
         
         
      If an aggravating circumstance occurred, the classification of the offense under paragraphs (b)(1)-(3) of this section is elevated by 1 felony grade higher than the underlying offense.
3. Organizational liability. —
   1. An organization may be prosecuted for an offense under this section pursuant to § 281 of this title (Criminal liability of organizations).
   2. The court may consider the severity of an organization’s offense under this section and order penalties in addition to those otherwise provided for the offense, including:
      1. A fine of not more than $25,000 per offense;
      2. Disgorgement of profit from illegal activity in violation of this section; and
      3. Debarment from state and local government contracts.
4. Restitution is mandatory under this section. —
   1. In addition to any other amount of loss identified, the court shall order restitution, including the greater of:
      1. The gross income or value to the defendant of the victim’s labor or services; or
      2. The value of the victim’s labor as guaranteed under the minimum wage and overtime provisions of the Fair Labor Standards Act (FLSA) (29 U.S.C. § 201 et seq.) or of Title 19, whichever is greater.
   2. The court shall order restitution under this subsection (d) even if the victim is unavailable to accept payment of restitution.
   3. If the victim is unavailable for 5 years from the date of the restitution order, the restitution ordered under this subsection (d) must be paid to the Victim Compensation Fund established under § 9016 of this title.
5. Forfeiture. —
   1. On motion, the court shall order a person convicted of an offense under paragraphs (b)(1)-(3) of this section to forfeit any interest in real or personal property that was used or intended to be used to commit or facilitate the commission of the offense or that constitutes or derives from proceeds that the person obtained, directly or indirectly, as a result of the offense.
   2. In any proceeding against real or personal property under this section, the owner may assert a defense, and has the burden of establishing, by a preponderance of the evidence, that the forfeiture is manifestly disproportional to the seriousness of the offense.
   3. Proceeds from the public sale or auction of property forfeited under this subsection must be distributed in the manner otherwise provided for the distribution of proceeds of judicial sales.
6. Admissibility of certain evidence. — In a prosecution or civil action for damages under this section, evidence of a specific instance of the alleged victim’s past sexual behavior, or reputation or opinion evidence of past sexual behavior of the alleged victim, is not admissible unless the evidence is:
   1. Admitted in accordance with §§ 3508 and 3509 of this title; or
   2. Offered by the prosecution in a criminal case to prove a pattern of trafficking by the defendant.
7. Special provisions regarding a minor. —
   1. A minor who has engaged in commercial sexual activity is presumed to be a neglected or abused child under § 901 et seq. of Title 10. Whenever a police officer has probable cause to believe that a minor has engaged in commercial sexual activity, the police officer shall make an immediate report to the Department of Services for Children, Youth and Their Families pursuant to § 901 et seq. of Title 16.
   2. A party to a juvenile delinquency proceeding in which a minor is charged with prostitution or loitering, or an attorney guardian ad litem or court-appointed special advocate appointed in a proceeding under § 901 et seq. of Title 10, may file a motion on behalf of a minor in a juvenile delinquency proceeding seeking to stay the juvenile delinquency proceedings. Such motion may be opposed by the Attorney General. The Family Court may consider such a motion and, in its discretion, may stay the juvenile delinquency proceeding indefinitely. Upon such motion, the Department of Services for Children, Youth and Their Families and/or the Family Court may identify and order available specialized services for the minor that, in the opinion of the Department of Services for Children, Youth and Their Families or Family Court, are best suited to the needs of the juvenile. So long as the minor substantially complies with the requirement of services identified by the Department of Services for Children, Youth and Their Families and/or ordered by the Family Court, the Attorney General shall, upon motion, nolle prosequi the stayed charges no earlier than 1 year after the stay was imposed. Upon motion of the Attorney General that the minor has not substantially complied with the requirement of services identified by the Department of Services for Children, Youth and Their Families and/or ordered by the Family Court, the Family Court shall lift the stay for further proceedings in accordance with the regular course of such proceedings.
8. Defense to charge of prostitution or loitering. — An individual charged with prostitution or loitering committed as a direct result of being a victim of human trafficking may assert as an affirmative defense that the individual is a victim of human trafficking.
9. Civil action. —
   1. A victim may bring a civil action against a person that commits an offense under subsection (b) of this section for compensatory damages, punitive damages, injunctive relief, and any other appropriate relief.
   2. In an action under this subsection, the court shall award a prevailing victim reasonable attorneys’ fees and costs, including reasonable fees for expert witnesses.
   3. An action under this subsection must be commenced not later than 5 years after the later of the date on which the victim:
      1. Was freed from the human trafficking situation; or
      2. Attained 18 years of age.
   4. Damages awarded to the victim under this subsection for an item must be offset by any restitution paid to the victim pursuant to subsection (d) of this section for the same item.
   5. This subsection does not preclude any other remedy available to the victim under federal law or law of this State other than this section.
10. Application for pardon and petition to expunge; motion to vacate adjudication of delinquency or conviction and expungement record. —
    1. Notwithstanding any provision of Chapter 43 of this title or any other law to the contrary, a person arrested or convicted of any crime, except those deemed to be violent felonies pursuant to § 4201 of this title committed as a direct result of being a victim of human trafficking may file an application for a pardon pursuant to article VII of the Delaware Constitution and § 4361 et seq. of this title and may file a petition requesting expungement of such criminal record pursuant to § 4371 et seq. of this title.
    2. A person convicted or adjudicated delinquent of any crime, except those deemed to be violent felonies pursuant to § 4201 of this title, committed as a direct result of being a victim of human trafficking may file a motion in the court in which the adjudication of delinquency or conviction was obtained to vacate the adjudication or judgment of conviction. A motion filed under this paragraph must:
       1. Be in writing;
       2. Be sent to the Delaware Department of Justice;
       3. [Repealed.]
       4. Describe the evidence and provide copies of any official documents showing that the person is entitled to relief under this paragraph.
       5. If the motion satisfies the foregoing requirements, the court shall hold a hearing on a motion, provided that the court may dismiss a motion without a hearing if the court finds that the motion fails to assert grounds on which relief may be granted. Official documentation of the person’s status as a victim of this section, “trafficking in persons”, or “a severe form of trafficking” from a federal, state, or local government agency shall create a presumption that the person’s participation in any crime, except those deemed to be violent felonies pursuant to § 4201 of this title, committed was a direct result of having been a victim of human trafficking but shall not be required for the court to grant a petition under this paragraph. If the petitioner can show to the satisfaction of the court that he or she is entitled to relief in a proceeding under this paragraph, the court shall grant the motion and, pursuant to this paragraph, enter an order vacating the adjudication of delinquency or judgment of conviction and dismissing the accusatory pleading, and may take such additional action as is appropriate in the circumstances or as justice requires.
    3. Notwithstanding any provisions of Chapter 43 of this title, Chapter 9 of Title 10, or any other law to the contrary, any person filing a motion under paragraph (j)(2) of this section in Superior Court or Family Court may also seek in that motion expungement of the criminal or juvenile record related to such conviction. If the court grants the motion to vacate the adjudication of delinquency or conviction under paragraph (j)(2) of this section and the movant also requested expungement, the court’s order shall require expungement of the police and court records relating to the charge and conviction or adjudication of delinquency. This order must contain a statement that the expungement is ordered under this paragraph (j)(3) and, notwithstanding any limitations to the contrary, that the provisions of §§ 4372(e), 4376, and 4377 of this title and § 1019 of Title 10 apply to the order.
    4. Notwithstanding any provision of Chapter 43 of this title or any other law to the contrary, upon granting the motion, the Court of Common Pleas shall provide Superior Court with the certified order granting the motion to vacate. Upon finding that the Court of Common Pleas entered an order under paragraph (j)(2) of this section, the Superior Court shall enter an order requiring expungement of the police and court records relating to the charge and conviction. This order must contain a statement that the expungement is ordered under this paragraph (j)(4) and, notwithstanding any limitations to the contrary, that the provisions of § § 4372(e), 4376, and 4377 of this title apply to the order.
11. The Human Trafficking Coordinating Council is hereby dissolved and reestablished as the Human Trafficking Interagency Coordinating Council to assume the functions of the Human Trafficking Coordinating Council and to administer and implement this chapter, and to perform such other responsibilities as may be entrusted to it by law.
    1. The Human Trafficking Interagency Coordinating Council shall consist of 24 members:
       1. Three representatives of the Judicial Branch, as appointed by the Chief Justice;
       2. A representative of the Department of Justice to be appointed by the Attorney General;
       3. A representative of the Office of Defense Services to be appointed by the Chief Defender;
       4. A representative of the law-enforcement community to be appointed by the Speaker of the Delaware House of Representatives;
       5. A representative of the heath-care community to be appointed by the President Pro Tempore of the Delaware State Senate;
       6. A representative of the Department of Health and Social Services to be appointed by the Secretary of the Department of Health and Social Services;
       7. A representative of the Department of Labor to be appointed by the Secretary of Labor;
       8. A representative of the Department of Services for the Children, Youth and Their Families to be appointed by the Secretary of the Department of Services for the Children, Youth and Their Families;
       9. Four members who are advocates or persons who work with victims of human trafficking to be appointed by the Governor for a 3 year term and shall be eligible for reappointment. Members shall include representation from all 3 counties of the State.
       10. The representative appointed to the Council by the Secretary of the Department of Health and Social Services shall serve as the temporary Chair of the Council to guide the initial organization of the council by setting a date, time, and place for the initial organizational meeting, and by supervising the preparation and distribution of the notice and agenda for the initial organizational meeting of the council. Members of the Council shall elect a Chair and a Vice Chair from among the members of the Council at the initial organizational meeting. Thereafter, the Chair and Vice Chair shall be elected annually from among the members.
       11. A representative of the Delaware Department of Education to be appointed by the Secretary of the Department of Education.
       12. A representative of the Division of Professional Regulation to be appointed by the Director of the Division of Professional Regulation.
       13. Two members of the House of Representatives to be appointed by the Speaker of the House, 1 of which must be a member of the minority caucus.
       14. Two members of the Senate to be appointed by the President Pro Tempore of the Senate, 1 of which must be a member of the minority caucus.
       15. A representative of the Department of Transportation to be appointed by the Secretary of the Department of Transportation.
       16. A representative from the Criminal Justice Council to be appointed by the Executive Director of the Criminal Justice Council.
       17. A person who has been a victim of human trafficking to be appointed by the Governor for a 3 year term and shall be eligible for reappointment.
       18. The Council may include a resident of any county who has prior experience in working with victims of human trafficking in a legal or advocacy capacity.
    2. The Council shall:
       1. Develop a comprehensive plan to provide victims of human trafficking with services;
       2. Effectuate coordination between agencies, departments and the courts with victims of human trafficking;
       3. Collect and evaluate data on human trafficking in this State;
       4. Promote public awareness about human trafficking, victim remedies and services, and trafficking prevention;
       5. Create a public-awareness sign that contains the state and National Human Trafficking Resource Center hotline information;
       6. Coordinate training on human trafficking prevention and victim services for state and local employees who may have recurring contact with victims or perpetrators; and
       7. Conduct other appropriate activities.
    3. Meetings; quorum; officers; committees; procedure.
       1. The Council shall meet at least 4 times per year. Thirteen members shall constitute a quorum.
       2. The Chairperson shall have the duty to convene and preside over meetings of the Council and prepare an agenda for meetings. The Department of Health and Social Services shall provide the administrative support for the Council.
       3. The Vice-Chair’s duty shall be to act as Chair in the absence of the Chair.
       4. The Council shall establish committees composed of Council members and other knowledgeable individuals, as it deems advisable, to assist in planning, policy, goal and priority recommendations and developing implementation plans to achieve the purposes of the Council.
       5. The Council shall submit a written report of its activities and recommendations to the Governor, General Assembly and the Chief Justice of the Supreme Court at least once every year on or before September 15.
12. Display of public awareness sign; penalty for failure to display. —
    1. The Delaware Department of Transportation shall display a public-awareness sign required by this section in every transportation station, rest area, and welcome center in the State which is open to the public.
    2. A public awareness sign created under paragraph (k)(2)e. of this section shall be displayed at locations designated by the Council in a place that is clearly conspicuous and visible to employees. These locations shall include adult entertainment facilities, entities found to be maintaining a criminal nuisance involving prostitution under § 7104 of Title 10, job recruitment centers, hospitals, and emergency care providers. The Council shall approve a list of locations on an annual basis.
    3. The Delaware Department of Labor shall impose a fine of $300 per violation on an employer that knowingly fails to comply with paragraph (k)(2)e. of this section. The fine is the exclusive remedy for failure to comply.
13. Eligibility for services. —
    1. A victim of human trafficking is eligible for a benefit or service, which is available through the State and identified in the plan developed under paragraph (k)(2)a. of this section, including compensation under § 9009 of this title, regardless of immigration status.
    2. A minor engaged in commercial sexual activity is eligible for a benefit or service, which is available through the State and identified in the plan developed under paragraph (k)(2)a. of this section, regardless of immigration status.
    3. As soon as practicable after a first encounter with an individual who reasonably appears to a police officer to be a victim or a minor engaged in commercial sexual activity, the police officer shall notify the appropriate state or local agency, as identified in the plan developed under paragraph (k)(2)a. of this section, that the individual may be eligible for a benefit or service under this section.
14. Law-enforcement agency protocol. —
    1. On request from an individual who a police officer or prosecutor reasonably believes is a victim who is or has been subjected to a severe form of trafficking or criminal offense required for the individual to qualify for a nonimmigrant T or U visa under 8 U.S.C. § 1101(a)(15)(T), as amended from time to time, or 8 U.S.C. § 1101(a)(15)(U), as amended from time to time, or for continued presence, under 22 U.S.C. § 7105(c)(3), as amended from time to time, the police officer or prosecutor, as soon as practicable after receiving the request, shall request that a certifying official in his or her law-enforcement agency complete, sign, and give to the individual the Form I-914B or Form I-918B provided by the United States Citizenship and Immigration Services on its Internet website, and ask a federal law-enforcement officer to request continued presence.
    2. If the law-enforcement agency having responsibility under paragraph (n)(1) of this section determines that an individual does not meet the requirements for such agency to comply with paragraph (n)(1) of this section, that agency shall inform the individual of the reason and that the individual may make another request under paragraph (n)(1) of this section and submit additional evidence satisfying the requirements.
    3. 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.

76 Del. Laws, c. 125, §  1; 70 Del. Laws, c. 186, §  1; 79 Del. Laws, c. 276, §  1; 80 Del. Laws, c. 26, §  3; 81 Del. Laws, c. 110, § 1; 81 Del. Laws, c. 174, § 1; 81 Del. Laws, c. 211, § 1; 82 Del. Laws, c. 60, § 1; 82 Del. Laws, c. 83, § 8; 83 Del. Laws, c. 44, § 1; 83 Del. Laws, c. 45, § 1; 83 Del. Laws, c. 283, § 8; 

Child Welfare; Sexual Offenses

§ 1100. Definitions relating to children.

When used in this subchapter:

1. “Abuse” means causing any physical injury to a child through unjustified force as defined in § 468(1)(c) of this title, torture, negligent treatment, sexual abuse, exploitation, maltreatment, mistreatment or any means other than accident.
2. “Child” shall mean any individual less than 18 years of age. For the purposes of §§ 1108, 1109, 1110, and 1111 of this title, “child” shall also mean any individual who is intended by the defendant to appear to be 14 years of age or less.
3. “Delinquent child” means a child who commits an act which if committed by an adult would constitute a crime.
4. “Neglect” or “neglected child” is as defined in § 901 of Title 10.
5. “Physical injury” to a child shall mean any impairment of physical condition or pain.
6. “Previous pattern” of abuse and/or neglect shall mean 2 or more incidents of conduct:
   1. That constitute an act of abuse and/or neglect; and
   2. Are not so closely related to each other or connected in point of time and place that they constitute a single event.
   3. A conviction is not required for an act of abuse or neglect to be used in prosecution of a matter under this subchapter, including an act used as proof of a previous pattern as defined in this paragraph. A conviction for any act of abuse or neglect, including 1 which may be relied upon to establish a previous pattern of abuse and/or neglect, does not preclude prosecution under this subchapter.
7. “Prohibited sexual act” shall include:
   1. Sexual intercourse;
   2. Anal intercourse;
   3. Masturbation;
   4. Bestiality;
   5. Sadism;
   6. Masochism;
   7. Fellatio;
   8. Cunnilingus;
   9. Nudity, if such nudity is to be depicted for the purpose of the sexual stimulation or the sexual gratification of any individual who may view such depiction;
   10. Sexual contact;
   11. Lascivious exhibition of the genitals or pubic area of any child;
   12. Any other act which is intended to be a depiction or simulation of any act described in this paragraph.
8. “Serious physical injury” shall mean physical injury which creates a risk of death, or which causes disfigurement, impairment of health or loss or impairment of the function of any bodily organ or limb, or which causes the unlawful termination of a pregnancy without the consent of the pregnant female.
9. “Significant intellectual or developmental disabilities” means impairment in the intellectual or physical capacity of a child as evidenced by a discernible inability to function within the normal range of performance and behavior with regard to age, development, and environment.
10. (10) “Truancy” or “truant” shall refer to a pupil enrolled in grades kindergarten through 12 of a public school who has been absent from school for more than 3 school days during a school year without a valid excuse as defined in regulations of the district board of education of the school district in which the pupil is or should be enrolled pursuant to the provisions of Title 14, or where a student is enrolled in a charter school, by the board of directors of the charter school.
11. (11) “Visual depiction” includes, but is not limited to:
    1. Any image which is recorded, stored or contained on or by developed or undeveloped photographic film, motion picture film or videotape; or
    2. Data which is stored or transmitted on or by any computer, or on or by any digital storage medium or by any other electronic means which is capable of conversion into a visual image; or
    3. Any picture, or computer-generated image or picture, or any other image whether made, stored or produced by electronic, digital, mechanical or other means.

11 Del. C. 1953, §  1103; 58 Del. Laws, c. 497, §  1; 59 Del. Laws, c. 547, §  7; 60 Del. Laws, c. 449, §  2; 61 Del. Laws, c. 179, §§  1, 2; 61 Del. Laws, c. 334, §  4; 63 Del. Laws, c. 290, §  8; 65 Del. Laws, c. 494, §  2; 70 Del. Laws, c. 186, §  1; 70 Del. Laws, c. 266, §§  3, 4; 72 Del. Laws, c. 346, §  17; 72 Del. Laws, c. 480, §§  1-4; 74 Del. Laws, c. 175, §  13; 76 Del. Laws, c. 136, §  8; 78 Del. Laws, c. 406, §  1; 80 Del. Laws, c. 175, §  5; 

§ 1100A. Dealing in children; class E felony.

A person is guilty of dealing in a child if the person intentionally or knowingly trades, barters, buys or negotiates to trade, barter, buy or sell a child under the age of 18; provided, however, that payment of reasonable medical expenses related to the pregnancy and reasonable room and board to the providers of those services in conjunction with placement of a child for adoption in accordance with § 904(a)(2) of Title 13 shall not constitute a violation of this section.

Dealing in a child is a class E felony.

67 Del. Laws, c. 100, §  1; 70 Del. Laws, c. 186, §  1; 78 Del. Laws, c. 406, §  1; 

§ 1108. Sexual exploitation of a child; class B felony.

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.

61 Del. Laws, c. 179, §  3; 63 Del. Laws, c. 28, §  1; 67 Del. Laws, c. 130, §  8; 70 Del. Laws, c. 186, §  1; 72 Del. Laws, c. 480, §§  5-7; 

§ 1109. Dealing in child pornography; class B felony.

A person is guilty of dealing in child pornography when:

1. The person knowingly ships, transmits, mails or transports by any means, including by computer or any other electronic or digital method, any book, magazine, periodical, pamphlet, video or film depicting a child engaging in a prohibited sexual act or in the simulation of such an act, or knowingly ships, transmits, mails or transports by any means, including by computer or any other electronic or digital method, any other visual depiction of a child engaging in a prohibited sexual act or in the simulation of such an act;
2. The person knowingly receives for the purpose of selling or sells any magazine, photograph or film which depicts a child engaging in a prohibited sexual act or in the simulation of such an act, or knowingly receives for the purpose of selling or sells any other visual depiction of a child engaging in a prohibited sexual act or in the simulation of such an act;
3. The person knowingly distributes or disseminates, by means of computer or any other electronic or digital method, or by shows or viewings, any motion picture, video or other visual depiction of a child engaging in a prohibited sexual act or the simulation of such an act. The possession or showing of such motion pictures shall create a rebuttable presumption of ownership thereof for the purposes of distribution or dissemination;
4. The person, intentionally compiles, enters, accesses, transmits, receives, exchanges, disseminates, stores, makes, prints, reproduces or otherwise possesses any photograph, image, file, data or other visual depiction of a child engaging in a prohibited sexual act or in the simulation of such an act. For the purposes of this subsection, 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 such photograph, image, file or data was compiled, entered, accessed, transmitted, received, exchanged, disseminated, stored, made, printed, reproduced or otherwise possessed by, through or with any computer located within Delaware and the person was aware of circumstances which rendered the presence of such computer within Delaware a reasonable possibility; or
5. The person knowingly advertises, promotes, presents, describes, transmits or distributes any visual depiction, exhibition, display or performance with intent to create or convey the impression that such visual depiction, exhibition, display or performance is or contains a depiction of a child engaging in a prohibited sexual act or in the simulation of such an act.

Unlawfully dealing in child pornography is a class B felony.

61 Del. Laws, c. 179, §  4; 67 Del. Laws, c. 130, §  8; 70 Del. Laws, c. 186, §  1; 71 Del. Laws, c. 467, §§  1, 2; 72 Del. Laws, c. 480, §§  8-14; 76 Del. Laws, c. 364, §§  3, 4; 

§ 1110. Subsequent convictions of § 1108 or § 1109 of this title.

Any person convicted under § 1109 of this title who is convicted of a second or subsequent violation of that section shall, upon such second or subsequent conviction, be guilty of a class B felony. Any person convicted under § 1108 of this title who is convicted of a second or subsequent violation of that section shall, upon such second or subsequent conviction, be sentenced to life imprisonment.

61 Del. Laws, c. 179, §  5; 67 Del. Laws, c. 130, §  8; 

§ 1111. Possession of child pornography; class F felony.

A person is guilty of possession of child pornography when:

1. The person knowingly possesses any visual depiction of a child engaging in a prohibited sexual act or in the simulation of such an act; or
2. The person knowingly possesses any visual depiction which has been created, adapted, modified or edited so as to appear that a child is engaging in a prohibited sexual act or in the simulation of such an act.

Possession of child pornography is a class F felony.

67 Del. Laws, c. 202, §  1; 71 Del. Laws, c. 467, §§  3, 4; 72 Del. Laws, c. 480, §  15; 

§ 1112. Sexual offenders; prohibitions from school zones.

1. Any person who is a sexual offender and who:
   1. Resides on or within 500 feet of the property of any school shall be guilty of a class G felony.
   2. Loiters on or within 500 feet of the property of any school shall be guilty of a class F felony.
2. For purposes of this section, the following definitions shall apply:
   1. “Loiter” means:
      1. Standing, sitting idly, whether or not the person is in a vehicle, or remaining in or around school property, while not having reason or relationship involving custody of or responsibility for a pupil or any other specific or legitimate reason for being there; or
      2. Standing, sitting idly, whether or not the person is in a vehicle, or remaining in or around school property, for the purpose of engaging or soliciting another person to engage in sexual intercourse, sexual penetration, sexual contact, or sexual harassment, sexual extortion, or indecent exposure.
   2. “Reside” means to dwell permanently or continuously or to occupy a dwelling or home as one’s permanent or temporary place of abode.
   3. “School” means any preschool, kindergarten, elementary school, secondary school, vocational technical school or any other institution which has as its primary purpose the education or instruction of children under 16 years of age.
   4. “Sex offender” means as defined in § 4121 of this title.
3. It shall not be a defense to a prosecution for a violation of this section that the person was unaware that the prohibited conduct took place on or within 500 feet of any school property.

70 Del. Laws, c. 279, §  1; 70 Del. Laws, c. 186, §  1; 71 Del. Laws, c. 467, §  8; 77 Del. Laws, c. 318, §  10; 80 Del. Laws, c. 175, §  7; 

§ 1112A. Sexual solicitation of a child; class C felony; class B felony.

1. 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 to engage in a prohibited sexual act; or
   2. Uses a computer, cellular telephone or other electronic device to communicate with another person, including a child, to solicit, request, command, importune, entice, encourage or otherwise attempt to cause a child to engage in a prohibited sexual act.
   3. [Repealed.]
2. For purposes of this section, “child” means:
   1. An individual who is younger than 18 years of age; or
   2. An individual who represents himself or herself to be younger than 18 years of age; or
   3. An individual whom the person committing the offense believes to be younger than 18 years of age.
3. 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 in the instance of any manner of electronic communication or other communication that does not occur in person, the offense is committed in this State if such communication either originated in this State or is received in this State.
4. For the purposes of this section, and notwithstanding any section of this title to the contrary, it is a defense to prosecution that at the time the conduct described in subsection (a) of this section occurred the person was married to the child.
5. For the purposes of this section, it is not a defense to prosecution that at the time the conduct described in subsection (a) of this section occurred:
   1. The solicited prohibited sexual act did not occur; or
   2. The person was engaged in a fantasy or role playing at the time of the commission of the offense.
6. 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.
7. Sexual solicitation of a child is a class C felony, except as provided in subsection (h) of this section.
8. Sexual solicitation of a child is a class B felony if the defendant meets in person or attempts to meet in person with the child for the purpose of engaging in a prohibited sexual act.

71 Del. Laws, c. 467, §  5; 70 Del. Laws, c. 186, §  1; 77 Del. Laws, c. 148, §  37; 79 Del. Laws, c. 262, §  1; 

§ 1112B. Promoting sexual solicitation of a child.

1. A person is guilty of promoting sexual solicitation of a child if the person, being 18 years of age or older, intentionally or knowingly:
   1. Promotes, entices, offers, encourages, solicits or otherwise attempts to cause any child to engage in a prohibited sexual act; or
   2. Uses a computer, cellular telephone, or other electronic device to communicate with another person to solicit, request, command, importune, entice, encourage or otherwise attempt to cause that person to engage in a prohibited sexual act with a child.
2. For purposes of this section, “child” means:
   1. An individual who is younger than 18 years of age; or
   2. An individual who represents himself or herself to be younger than 18 years of age; or
   3. An individual whom the person committing the offense believes to be younger than 18 years of age.
3. 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 in the instance of any manner of electronic communication or other communication that does not occur in person, the offense is committed in this State if such communication either originated in this State or is received in this State.
4. For the purposes of this section, it is not a defense to prosecution that at the time the conduct described in subsection (a) of this section occurred:
   1. The solicited prohibited sexual act did not occur; or
   2. The person was engaged in a fantasy or role playing at the time of the commission of the offense.
5. 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.
6. Promoting sexual solicitation is a class C felony except as provided in subsection (g) of this section.
7. Promoting sexual solicitation of a child is a class B felony if the defendant meets in person or attempts to meet in person with another person and a child, or otherwise produces or delivers a child to another person, for the purpose of the person engaging in a prohibited sex act with the child.

79 Del. Laws, c. 262, §  1; 70 Del. Laws, c. 186, §  1; 

§ 1335. Violation of privacy; class A misdemeanor; class G felony.

1. A person is guilty of violation of privacy when, except as authorized by law, the person:
   1. Trespasses on property intending to subject anyone to eavesdropping or other surveillance in a private place; or
   2. Installs in any private place, without consent of the person or persons entitled to privacy there, any device for observing, photographing, recording, amplifying or broadcasting sounds or events in that place; or
   3. Installs or uses outside a private place any device for hearing, recording, amplifying or broadcasting sounds originating in that place which would not ordinarily be audible or comprehensible outside, without the consent of the person or persons entitled to privacy there; or
   4. Intercepts without the consent of all parties thereto a message by telephone, telegraph, letter or other means of communicating privately, including private conversation; or
   5. Divulges without the consent of the sender and the receiver the existence or contents of any message by telephone, telegraph, letter or other means of communicating privately if the accused knows that the message was unlawfully intercepted or if the accused learned of the message in the course of employment with an agency engaged in transmitting it.
   6. Tape records, photographs, films, videotapes or otherwise reproduces the image of another person who is getting dressed or undressed or has that person’s genitals, buttocks or her breasts exposed, without consent, in any place where persons normally disrobe including but not limited to a fitting room, dressing room, locker room or bathroom, where there is a reasonable expectation of privacy. This paragraph shall not apply to any acts done by a parent or guardian inside of that person’s dwelling, or upon that person’s real property, when a subject of victim of such acts is intended to be any child of such parent or guardian who has not yet reached that child’s eighteenth birthday and whose primary residence is in or upon the dwelling or real property of the parent or guardian, unless the acts done by the parent or guardian are intended to produce sexual gratification for any person in which case this paragraph shall apply; or
   7. Secretly or surreptitiously videotapes, films, photographs or otherwise records another person under or through that person’s clothing for the purpose of viewing the body of or the undergarments worn by that other person; or
   8. Knowingly installs an electronic or mechanical location tracking device in or on a motor vehicle without the consent of the registered owner, lessor or lessee of said vehicle. This paragraph shall not apply to the lawful use of an electronic tracking device by a law-enforcement officer, nor shall it apply to a parent or legal guardian who installs such a device for the purpose of tracking the location of a minor child thereof; or
   9. Knowingly reproduces, distributes, exhibits, publishes, transmits, or otherwise disseminates a visual depiction of a person who is nude, or who is engaging in sexual conduct, when the person knows or should have known that the reproduction, distribution, exhibition, publication, transmission, or other dissemination was without the consent of the person depicted and that the visual depiction was created or provided to the person under circumstances in which the person depicted has a reasonable expectation of privacy.
      1. For the purposes of the introductory paragraph of this paragraph (a)(9), paragraphs (a)(9)b., and (a)(9)d. of this section:
         1. “Nude” means any 1 or more of the following uncovered parts of the human body, or parts of the human body visible through less than opaque clothing:
            1. The genitals;
            2. The pubic area;
            3. The buttocks;
            4. Any portion of the female breast below the top of the areola.
         2. “Personally identifiable information” means any information about a person that permits the physical or online identifying or contacting of a person. The term includes either a person’s face or a person’s first and last name or first initial and last name in combination with any 1 or more of the following:
            1. A home or other physical address, including street name and name of a city or town;
            2. An e-mail address;
            3. A telephone number;
            4. Geolocation data;
            5. Any other identifier that permits the physical or online identifying or contacting of a person.
         3. “Sexual conduct” means actual or simulated:
            1. Sexual contact;
            2. Sexual intercourse;
            3. Sexual penetration;
            4. Masturbation;
            5. Bestiality;
            6. Sadism;
            7. Masochism; or
            8. Explicit representations of the defecation or urination functions.
         4. “Sexual contact” means any touching by 1 person of the uncovered anus, breast, buttocks, or genitalia of another person or any touching of a person with the uncovered anus, breasts, buttocks or genitalia of another person.
         5. “Sexual intercourse” means any act of physical union of the genitalia or anus of a person with the mouth, anus, or genitalia of another person.
         6. “Sexual penetration” means the placement of an object inside the anus or vagina of a person or the placement of a sexual device inside the mouth of a person.
         7. “Visual depiction” shall have the meaning as used in § 1100 of this title.
      2. A person who has, within the context of a private or confidential relationship, consented to the capture or possession of a visual depiction of the person when nude or when engaging in sexual conduct retains a reasonable expectation of privacy with regard to the reproduction, distribution, exhibition, publication, transmission, or other dissemination of the visual depiction beyond that relationship.
      3. For the purposes of this paragraph (a)(9), each of the following shall be an aggravating factor and shall be alleged in the charging information or indictment and constitute an element of the offense:
         1. The actor knowingly obtains such visual depictions without the consent of the person depicted.
            1. A violation of this paragraph (a)(9)c.1. occurs when a person commits a theft as provided for in § 841, § 842, § 843, or § 844 of this title or obtains such visual depictions by committing unauthorized access to a computer system as provided for in § 932 of this title or by unauthorized access to electronic mail or an electronic mail service provider as defined in § 931 of this title.
            2. A violation of this paragraph (a)(9)c.1. consistent with § 932 of this title is subject to the venue provision in § 940 of this title.
         2. The actor knowingly reproduces, distributes, exhibits, publishes, transmits, or otherwise disseminates such visual depictions for profit.
         3. The actor knowingly maintains an Internet website, online service, online application, or mobile application for the purpose of reproducing, distributing, exhibiting, publishing, transmitting, or otherwise disseminating such visual depictions.
         4. The actor knowingly reproduces, distributes, exhibits, publishes, transmits, or otherwise disseminates such visual depictions with the intent to harass, annoy, or alarm the person depicted and such conduct would cause a reasonable person to suffer significant mental anguish or distress.
         5. The actor pairs such visual depiction with personally identifiable information of the person depicted.
      4. For purposes of this paragraph (a)(9), the fact the actor committed this offense within 5 years of a prior conviction for a violation of this paragraph (a)(9) shall be an aggravating factor for sentencing purposes only and, therefore, this fact is not to be alleged in the charging information or indictment and does not constitute an element of the offense.
      5. In addition to when the consent of the person depicted is given, the introductory paragraph of this paragraph (a)(9) and paragraph (a)(9)b. of this section do not apply to any of the following:
         1. When the visual depiction is of an individual less than 18 years of age and does not violate § 1108, § 1109, or § 1111 of this title, or any similar provision of this title, and the reproduction, distribution, exhibition, publication, transmission, or other dissemination is not for commercial purposes.
         2. When the visual depiction is reproduced, distributed, exhibited, published, transmitted, or otherwise disseminated in the course of lawful and common practices of a law-enforcement officer, the reporting of unlawful conduct, legal proceedings, or medical treatment procedures.
         3. When the person depicted has consented to the reproduction, distribution, exhibition, transmission, or other dissemination of the visual depiction for commercial purposes.
         4. When the person depicted has voluntarily appeared nude in public or voluntarily engages in sexual conduct in public.
         5. When the reproduction, distribution, exhibition, publication, transmission, or other dissemination serves a legitimate public purpose.
   10. Nothing within this paragraph (a)(9) shall be construed to impose liability on an interactive computer service, as defined in 47 U.S.C. § 230(f)(2), or an information service or telecommunications service, as defined in 47 U.S.C. § 153, for content provided by the actor or another person.
2. This section does not apply to:
   1. Overhearing of messages through a regularly installed instrument on a telephone party line or an extension or any other regularly installed instrument or equipment; or
   2. Acts done by the telephone company or subscribers incident to the enforcement of telephone company regulations or subscriber rules relating to the use of facilities; or
   3. Acts done by personnel of any telephone or telegraph carrier in the performance of their duties in connection with the construction, maintenance or operation of a telephone or telegraph system; or
   4. The divulgence of the existence of any message in response to a subpoena issued by a court of competent jurisdiction or a governmental body having subpoena powers; or
   5. Acts done by police officers as provided in §§ 1336 [repealed] and 1431 of this title.
3. Any violation of paragraph (a)(1), (a)(2), (a)(3), (a)(4), (a)(5), (a)(8), or (a)(9) of this section shall be a class A misdemeanor. Any violation of paragraph (a)(6), (a)(7), (a)(9)c., or (a)(9)d. of this section shall be a class G felony.

11 Del. C. 1953, §  1335; 58 Del. Laws, c. 497, §  1; 67 Del. Laws, c. 130, §  8; 70 Del. Laws, c. 186, §  1; 72 Del. Laws, c. 180, §§  1-3; 73 Del. Laws, c. 172, §§  1, 2, 3; 75 Del. Laws, c. 341, §§  1, 2; 79 Del. Laws, c. 415, §  1; 81 Del. Laws, c. 79, § 11; 

§ 1352. Promoting prostitution in the second degree; class E felony.

A person is guilty of promoting prostitution in the second degree when the person knowingly:

1. Advances or profits from prostitution by managing, supervising, controlling or owning, either alone or in association with others, a house of prostitution or a prostitution business or enterprise involving prostitution activity by 2 or more prostitutes; or
2. Advances or profits from prostitution of a person less than 18 years old.

Promoting prostitution in the second degree is a class E felony.

11 Del. C. 1953, §  1352; 58 Del. Laws, c. 497, §  1; 61 Del. Laws, c. 33, §  2; 67 Del. Laws, c. 130, §  8; 70 Del. Laws, c. 186, §  1; 

§ 1353. Promoting prostitution in the first degree; class C felony.

A person is guilty of promoting prostitution in the first degree when the person knowingly:

1. Advances prostitution by compelling a person by force or intimidation to engage in prostitution or profits from such coercive conduct by another; or
2. Advances or profits from prostitution of a person less than 16 years old.

Promoting prostitution in the first degree is a class C felony.

11 Del. C. 1953, §  1353; 58 Del. Laws, c. 497, §  1; 61 Del. Laws, c. 33, §  3; 67 Del. Laws, c. 130, §  8; 70 Del. Laws, c. 186, §  1; 

§ 1361. Obscenity; acts constituting; class E felony or class G felony; subsequent violations.

1. A person is guilty of obscenity when the person knowingly:
   1. Sells, delivers or provides any obscene picture, videotape, video game, writing, record, audio cassette tape, compact disc or other representation or embodiment of the obscene;
   2. Presents or directs an obscene play, dance or performance or participates in that portion thereof which makes it obscene;
   3. Publishes, exhibits or otherwise makes available any obscene material;
   4. Possesses any obscene material for purposes of sale or other commercial dissemination; or
   5. Permits a person under the age of 12 to be on the premises where material harmful to minors, as defined by § 1365 of this title, is either sold or made available for commercial distribution and which material is readily accessible to or easily viewed by such minors. Any material covered by this paragraph shall not be considered readily accessible to or easily viewed by minors if it has been placed or otherwise located 5 feet or more above the floor of the subject premises or if the material is concealed so that no more than the top 3 inches is visible to the passerby.
2. Obscenity is a class E felony if a person sells, delivers or provides any obscene picture, videotape, video game, writing, record, audio cassette tape, compact disc or other representation or embodiment of the obscene to a person under the age of 18. In all other cases, obscenity is a class G felony. In addition to the above penalties, upon conviction of obscenity involving live conduct as defined in § 1364 of this title, the court shall order the business or establishment which presented, displayed or exhibited such conduct closed for a period of 6 months.
3. Notwithstanding Chapter 42 of this title, the minimum sentence for a subsequent violation of this section occurring within 5 years of a former conviction shall be a fine in the amount of $5,000, imprisonment for a minimum period of 9 months, no portion which may be suspended or reduced, and probation for a period of 2 years; provided, however, that where the defendant is an organization, the fine shall be $10,000. In addition to the above penalties, upon conviction of obscenity involving conduct as defined in § 1364 of this title, the court shall order the business or establishment which presented, displayed or exhibited such conduct closed for a period of 2 years.
4. Where the criminality of conduct depends on a child being under the age of 12, paragraph (a)(5) of this section, or under the age of 18, subsection (b) of this section, it is no defense that the actor did not know the child’s age.

11 Del. C. 1953, §  1361; 58 Del. Laws, c. 497, §  1; 60 Del. Laws, c. 445, §  1; 61 Del. Laws, c. 121, §  1; 63 Del. Laws, c. 111, §§  1-3; 67 Del. Laws, c. 130, §  8; 67 Del. Laws, c. 350, §§  11, 12; 70 Del. Laws, c. 186, §  1; 74 Del. Laws, c. 71, §  2; 74 Del. Laws, c. 380, §§  1, 2;