CHAPTER 124

FORMERLY

SENATE BILL NO. 130

AS AMENDED BY

SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO DANGEROUS CRIME AGAINST A CHILD.

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

Section 1. Amend Title 11 of the Delaware Code by adding a new section to read as follows:

"§779. Dangerous crime against a child, definitions, sentences.

(a) A 'dangerous crime against a child' is defined as any criminal sexual conduct against a minor under the age of fourteen (14) years of age as defined M 11 Del. C, §§ 770, 771, 772, and 773. For purposes of this section only, and 11 Del.C,. §762 (a) 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 sixteen (16) years of age.

(b) Except as otherwise provided in this title, a person who is at least eighteen (18) years of age, or who has been tried as an adult and who is convicted of a dangerous crime against a child as defined in subsection (a) of this section, shall be guilty of a Class B Felony. For a second offense under this section, the Court shall impose a mandatory sentence of life imprisonment.

(c) A person sentence pursuant to this section shall not be eligible for suspension of sentence, probation, pardon, or release from confinement on any basis until the sentence imposed by the Court has been served."

Section 2. If any provision of this Act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to that end the provisions of this Act are declared to be severable.

Section 3. This section shall take effect with respect to all crimes which are committed the day after the date this bill becomes law.

Approved July 3, 1995