CHAPTER 179

FORMERLY

HOUSE BILL NO. 468

AS AMENDED BY

HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 5, SUBCHAPTER V, TITLE 11 OF THE DELAWARE CODE RELATING TO SEXUAL EXPLOITATION OF CHILDREN AND DEALING IN MATERIAL DEPICTING CHILDREN ENGAGING IN SEXUAL ACTIVITY.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §1103, Chapter 5, Subchapter V, Title 11 of the Delaware Code by striking the catch line of said section in its entirety and by substituting in lieu thereof a new catch line to read as follows:

"§1103. Definitions relating to children."

Section 2. Amend §1103, Chapter 5, Subsection V, Title 11 of the Delaware Code by adding 4ereto new subsections (d) and (e) to read as follows:

"(d) 'Child' shall mean any individual eighteen years of age or less.

(e) '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."

Section 3. Amend Chapter 5, Subchapter V, Title 11 of the Delaware Code by adding thereto a new section to be designated as §1108 and to read as follows:

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

A person is guilty of sexual exploitation of a child when:

(1) He photographs or films a child engaging in a prohibited sexual act or in the simulation of such an act; or

(2) He finances or produces any motion picture which depicts a child engaging in a prohibited sexual act or in the simulation of such ' an act or;

(3) He publishes a book, magazine, pamphlet or photograph which depicts a child engaging in a prohibited sexual act or in the simulation of such an act.

Sexual exploitation of a child is a class B felony."

Section 4. Amend Chapter 5, Subchapter V, Title 11 of the Delaware Code by adding thereto a new section to be designated as §1109 and to read as follows:

"1109. Unlawfully dealing in material depicting a child engaging in a prohibited sexual act; class C felony.

A person is guilty of dealing in material depicting a child engaging in a prohibited sexual act when:

(1) 1e knowingly transports, ships or mails within this State any magazine, photograph or film depicting a child engaging in a prohibited sexual act or in the simulation of such an act; or

(2) He 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

(3) He knowingly distributes or disseminates by means of shows or viewings, any motion picture which shows 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.

Unlawfully dealing in material depicting a child engaging in a prohibited sexual act is a class C felony."

Section 5. Amend Chapter 5, Subchapter V, Title 11 of the Delaware Code by adding thereto a new section to be designated as §1110 and to read as follows:

§1110. Same; subsequent convictions.

Any person convicted under the provisions of 11109 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 the provisions of §1108 who is convicted of a second or subsequent violation of that section shall, upon such second or subsequent conviction, be sentenced to life imprisonment."

Approved July 20, 1977.