CHAPTER 269

FORMERLY

HOUSE BILL NO. 364

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTERS 5, 35, 42, 43, 83 AND 90, TITLE II OF THE DELAWARE CODE, CHAPTER 9, TITLE 10 OF THE DELAWARE CODE AND CHAPTER 17, TITLE 24 OF THE DELAWARE CODE RELATING TO SEXUAL OFFENSES.

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

Section 1. Amend Section 636(6), Chapter 5, Title 11 of the Delaware Code by adding the words "unlawful sexual intercourse in the first or second degree," following the word "rape".

Section 2. Amend Section 786, Chapter 5, Title II of the Delaware Code by adding a new subsection (c) to read as follows:

"(c) 'Harm' to a kidnap victim, In addition to its ordinary meaning, Includes rape, unlawful sexual Intercourse, unlawful sexual penetration or unlawful sexual contact, even If such rape, unlawful sexual Intercourse, unlawful sexual penetration or unlawful sexual contact is not accompanied by physical violence."

Section 3. Amend Section 3508(a), Chapter 35, Title II of the Delaware Code by adding the words "unlawful sexual Intercourse, unlawful sexual penetration, Or unlawful sexual contact," following the word "rape" wherever the word "rape" appears.

Section 4. Amend Section 3508(b), Chapter 35, Title II of the Delaware Code by adding the words "unlawful sexual Intercourse, unlawful sexual penetration or unlawful sexual contact." following the words the rape" wherever the words "the rape" appears.

Section 5. Amend Section 3508(b), Chapter 35, Title 11 of the Delaware Code by adding the words "attempted unlawful sexual Intercourse, attempted unlawful sexual penetration or attempted unlawful sexual contact," following the words "attempted rape".

Section 6. Amend Section 3509(a), Chapter 35, Title II of the Delaware Code by adding the words " unlawful sexual Intercourse, unlawful sexual penetration or unlawful sexual contact," following the word "rape".

Section 7. Amend Section 4214(b), Chapter 42, Title 11 of the Delaware Code by adding the following to the list of enumerated felonies:

771 Unlawful Sexual Penetration Second Degree

772 Unlawful Sexual Penetration First Degree

773 Sexual Intercourse Third Degree

774 Unlawful Sexual Intercourse Second Degree

775 Unlawful Sexual Intercourse First Degree

Section 8. Amend Section 4331(a), Chapter 43, Title 11 of the Delaware Code by adding the words "unlawful sexual Intercourse In the first or second degree," following the word "rape"

Section 9. Amend Section 4353(a), Chapter 43, Title II of the Delaware Code by adding the words "unlawful sexual intercourse," following the word "rape".

Section 10 Amend Section 8302(a), Chapter 83, Title II of the Delaware Code by adding the words "and Unlawful Sexual Intercourse, "following the word "rape".

Section II. Amend Section 9002(3)a, Chapter 90, Title II of the Delaware Code by adding the words "unlawful sexual intercourse, unlawful sexual penetration or unlawful sexual contact," following the word "rape".

Section 12 Amend Section 921(a), Chapter 9, Title 10 of the Delaware Code by adding the words "unlawful sexual Intercourse In the first degree", following the word "rape".

Section 13. Amend Section 922, Chapter 9, Title 10 of the Delaware Code by adding a new Section (21) to read as follows:

"(21) Unlawful Sexual Contact In the Third Degree against a child under 11 Del. C Section 767.H

Section 14. Amend Section 922(19), Chapter 9, Title 10 of the Delaware Code by striking the number "771" and substituting in lieu thereof the number "766".

Section 15. Amend Section 938(a)(1), Chapter 9, Title 10 of the Delaware Code by adding the words "unlawful sexual intercourse first degree," following the word "rape".

Section 16. Amend Section 1790(a)(3), Chapter 17, Title 24 of the Delaware Code by adding the words or unlawful sexual intercourse first or second degree", following the word "rape".

Section 17. Amend Section 764, Chapter 5, Title 11 of the Delaware Code by adding the following language at the end of the Section: "Indecent Exposure In the Second Degree is a Class 8 Misdemeanor."

Section 18. Amend Section 765, Chapter 5, Title 11 of the Delaware Code by adding the following language at the end of the Section: "Indecent Exposure in the First Degree Is a Class A Misdemeanor."

Section 19. Amend Section 767, Chapter 5, Title 11 of the Delaware Code by adding the following language at the end of the Section: "Unlawful Sexual Contact in the Third Degree Is a Class A Misdemeanor."

Section 20. Amend Section 768, Chapter 5, Title 11 of the Delaware Code by adding the following language at the end of the Section: "Unlawful Sexual Contact In the Second Degree Is a Class E Felony."

Section 21. Amend Section 769, Chapter 5, Title 11 of the Delaware Code by adding the following language at the end of the Section: "Unlawful Sexual Contact in the First Degree Is a Class D Felony."

Section 22. Amend Section 770, Chapter 5, Title 11 of the Delaware Code by adding the following language at the end of the Section: "Unlawful Sexual Penetration in the Third Degree is a Class D Felony."

Section 23. Amend Section 771, Chapter 5, Title 11 of the Delaware Code by adding the following language to the end of the Section:

"This law does not apply to a licensed medical doctor or nurse who places one or more fingers or an object inside a vagina or anus for the purpose of diagnosis or treatment. Unlawful Sexual Penetration in the Second Degree is a Class C Felony."

Section 24. Amend Section 772, Chapter 5, Title 11 of the Delaware Code by adding the following language at the end of the Section:

This law does not apply to a licensed doctor or nurse who places one or more fingers or an object inside a vagina or anus for the purpose of diagnosis or treatment. Nothing contained in this Section shall preclude a separate charge, conviction and sentence for possession of a deadly weapon during the commission of a felony. Unlawful Sexual Penetration In the First Degree is a Class B Felony."

Section 25. Amend Section 774, Chapter 5, Title 11 of the Delaware Code by adding the following language at the end of the Section: "Unlawful Sexual Intercourse In the Second Degree is a Class A Felony."

Section 26. Amend Section 775, Chapter 5, Title 11 of the Delaware Code by adding the following language at the end of the Section: "Unlawful Sexual Intercourse In the First Degree Is a Class A Felony."

Section 27. Amend Section 761(f), Chapter 5, Title II of the Delaware Code by deleting the subsection in its entirety and substituting in lieu thereof the following:

"Sexual Contact means any Intentional touching of the anus, breast, buttocks, or genitalia of another person, which touching, under the circumstances as viewed by a reasonable person, is sexual in nature. Sexual contact shall also Include touching of those specified areas when covered by clothing."

Section 28. Amend Section 761, Chapter 5, Title 11 of the Delaware Code by inserting subsection (e)(1) after the semicolon "j" the following language: "this offense encompasses the crimes commonly known as rape and sodomy;".

Section 29. Amend Section 4209(e)(1)(j), Chapter 42, Title 11, Delaware Code by inserting the word "rape," between the phrase "degree of" and "unlawful sexual intercourse" as they appear in said subsection.

Section 30. Amend Section 4209A, Chapter 42, Title 11, Delaware Code by inserting the words "rape or" between the phrase "convicted of" and "unlawful sexual intercourse" as such phrases appear in the Section.

Section 31. Amend Section 4347(f), Chapter 43, Title 11, Delaware Code by adding the words "unlawful sexual intercourse in the first or second degree," following the word "rape,".


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Section 32. Amend Section 773, Chapter 7, Title 11, Delaware Code by adding following language at the end of the Section:

"unlawful sexual intercourse in the third degree Is a class 8 felony."

Section 33. Amend Section 762, Chapter 5, Title 11, Delaware Code by adding a new subsection (c) to read as follows:

"(c) Separate acts of sexual contact, penetration and sexual intercourse. Nothing in this Title precludes a defendant from being charged with separate offenses when multiple acts of sexual contact, penetration or intercourse are committed against the same victim".

Section 34. Amend Section 762, Chapter 5, Title 11, Delaware Code by adding a new subsection thereto which shall read as follows:

"(d). As to sexual offenses In which the victim's age is an element of the offense because the victim is less than sixteen years of age, where the person committing the sexual act is no more than four years older than the recipient of the act, and is a voluntary social companion of the recipient, It Is an affirmative defense that the recipient consented to the act "knowingly" as defined in 11 Delaware Code, Section 231. Sexual conduct pursuant to this exception will not be a crime. This affirmative defense will not apply If the victim was less than twelve years old at the time of the act."