CHAPTER 66

FORMERLY

HOUSE BILL NO. 130

AS AMENDED BY

HOUSE AMENDMENT 1

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

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

Section 1. Amend §761(d), Title 11 of the Delaware Code by inserting between the phrases “§§1108 -1112A” and “of this title” the following:

“, §1352(2) and §1353(2)”

Section 2. Amend Subchapter II, Chapter 5, Title 11 of the Delaware Code by adding a new §779A thereto to read as follows:

Ҥ779A Sex Offender Unlawful Sexual Conduct Against a Child.

(a) A sex offender who knowingly commits any sexual offense against a child is guilty of sex offender unlawful sexual conduct against a child.

(b) For purposes of this section, the term “sex offender” shall mean any person registered or required to be registered pursuant to §4120(b)(1) and §4121(a)(4) of this title, or the laws of any other state, the United States or any territory of the United States.

(c) For purposes of this section, the term “sexual offense” shall mean any offense designated as a sexual offense by §761(d) of this title.

(d) For purposes of this section, the term “child” shall mean any individual who has not reached their eighteenth birthday. If the underlying sexual offense involves an offense defined by §§1108, 1109, 1110, 1111 and 1112A of this Title, the term “child” shall also mean any individual who is intended by the defendant to appear to be 14 years of age or less. A sex offender who knowingly possesses any material prohibited by §1111 of this Title is committing an offense against a child for purposes of this section.

(e) Sex offender unlawful sexual conduct against a child shall be punished as follows:

(1) If the underlying sexual offense is a misdemeanor, the crime of sex offender unlawful sexual conduct against a child shall be a Class G felony;

(2) If the underlying sexual offense is a Class C, D, E, F, or G felony, the crime of sex offender unlawful sexual conduct against a child shall be a felony one grade higher than the underlying offense;

(3) If the underlying sexual offense is a class A or B felony, the crime of sex offender unlawful sexual conduct against a child shall be the same grade as the underlying offense, and the minimum sentence of imprisonment required for the underlying offense shall be doubled.

(f) The provisions of this section shall not apply if the defendant is also a child.

Section 3. Amend §4201(c), Title 11 of the Delaware Code by inserting between the phrases “779 Dangerous Crime Against a Child” and “782 Unlawful Imprisonment in the First Degree” the following:

“779A Sex Offender Unlawful Sexual Conduct Against a Child”.

Section 4. Nothing in this Act shall be deemed to preclude prosecution and punishment for any other crimes specified in any other section of the Delaware Code nor shall this Act be deemed to repeal any other section of the Delaware Code.

Approved, June 28, 2007.