CHAPTER 392

FORMERLY

SENATE BILL NO. 361

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO SEX OFFENSES.

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

Section 1. Amend §769, Title 11 of the Delaware Code by deleting that section in its entirety and substituting in lieu thereof the following:

Ҥ769. Unlawful sexual contact in the first degree; Class F felony.

(a) 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) The person intentionally has sexual contact with another person who has not yet reached his or her sixteenth birthday and the defendant 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.

(b) Unlawful sexual contact in the first degree is a Class F felony.”

Section 2. Amend §761(f), Title 11 of the Delaware Code by inserting the phrase “; or (3) intentionally causing or allowing another person to touch the defendant’s anus, breast, buttocks or genitalia” immediately after the word “genitalia” as that word appears for the second time in that subsection.

Section 3. Amend §762(a), Title 11 of the Delaware Code by inserting between the phrases “the criminality of conduct” and “depends upon whether the person” as they appear therein, the phrase “or the degree of the offense”.

Section 4. Amend §778(a), Title 11 of the Delaware Code by striking the phrase “child under the age of 14 years” as it appears therein, and by inserting in lieu thereof the phrase “child under the age of 18 years of age”.

Approved July 10, 2006