CHAPTER 467

FORMERLY

HOUSE BILL NO. 740

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO CERTAIN CRIMES AGAINST CHILDREN.

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

Section 1. Amend Section 1109(3) of Title 11 of the Delaware Code by striking the "." at the end of the last sentence of said subsection, and by inserting in lieu thereof "; or".

Section 2. Amend Section 1109 of Title 11 of the Delaware Code by adding thereto a new subsection to be designated as subsection "(4)", to read as follows:

"(4) The person, by means of a computer, intentionally compiles, enters, accesses, transmits, receives, exchanges, disseminates, stores, makes, prints, reproduces or otherwise possesses any photograph, image, file or data which depicts 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."

Section 3. Amend Section 1111 of Title 11 of the Delaware Code by striking the "." which appears at the end of the first sentence of said section and by substituting in lieu thereof the following:

", or any computerized file or data which contains any image depicting a child engaging in a prohibited sexual act or in the simulation of such act."

Section 4. Amend Section 1111 of Title 11 of the Delaware Code by striking the phrase "Class A misdemeanor" as it appears in said section and by inserting in lieu thereof the phrase "Class G felony".

Section 5. Amend Title 11 of the Delaware Code by adding thereto a new section to be designated as Section 11 12A, to read as follows:

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

(a) A person is guilty of sexual solicitation of a child if the person, being eighteen years of age or older, intentionally or knowingly:

(1) solicits, requests, commands, importunes or otherwise attempts to cause any child who has not yet reached his or her sixteenth birthday to engage in a prohibited sexual act; or

(2) solicits, requests, commands, importunes or otherwise attempts to cause any child who has not yet reached his or her sixteenth birthday to meet with such person or any other person for the purpose of engaging in a prohibited sexual act; or

(0) compiles, enters, accesses, transmits, receives, exchanges, disseminates, stores, makes, prints, reproduces or otherwise possesses by any means, including by means of computer, any notice, statement, document,

advertisement, file or data containing the name, telephone number, address, e-mail address, school address or location, physical characteristics or other descriptive or identifying information pertaining to any child who has not yet reached his or her sixteenth birthday for the purpose of facilitating, encouraging, offering or soliciting a prohibited sexual act involving such child and such person or any other person.

(b) For the purposes of this section, conduct occurring outside the State shall be sufficient to constitute this offense if such conduct is within the terms of § 204 of this Title, or if the child was within the State of Delaware at the time of the prohibited conduct and the defendant was aware of circumstances which rendered the presence of such child within Delaware a reasonable possibility.

() Sexual solicitation of a child is a class C felony.

(a) 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."

Section 6. Amend Section 761(d) of Title 11 of the Delaware Code by striking the phrase "§1109" as it appears therein, and by substituting in lieu thereof the phrase "§§1108-1112A".

Section 7. Amend Section 779(a) of Title 11 of the Delaware Code by inserting between the phrase "§§ 770-773" and "of this title." as they appear in said subsection the phrase "or §§ 1108-1112A".

Section 8. Amend Section 1112(b)(4)a. of Title 11 of the Delaware Code by deleting the phrase "and/or § 775" as it appears in said paragraph, and by inserting in lieu thereof the phrase ", § 775, § 1108, § 1109, § 1111, and/or § 1112A".

Section 9. Amend Section 3513(a) of Title 11 of the Delaware Code by striking the phrase "and 1108" as it appears in said subsection, and by inserting in lieu thereof the phrase ", 1108, 1109 and 1112A".

Section 10. Amend Section 4201(c) of Title 11 of the Delaware Code by inserting between the phrases "1109 Unlawfully Dealing in Material Depicting a Child" and "1250 Assault in the First Degree Against a Law Enforcement Animal" as they appear in said subsection the phrase "1112A Sexual Solicitation of a Child".

Section 11. Amend Section 9401(1) of Title 11 of the Delaware Code by adding immediately after the phrase "§ 1108 Sexual Exploitation of a Child; class B felony." the phrase "§ 1112A Sexual Solicitation of a Child; class C felony."

Approved July 17, 1998