(a) A person is guilty of offensive touching when the person:

(1) Intentionally touches another person either with a member of his or her body or with any instrument, knowing that the person is thereby likely to cause offense or alarm to such other person; or

(2) Intentionally strikes another person with saliva, urine, feces or any other bodily fluid, knowing that the person is thereby likely to cause offense or alarm to such other person.

(b) When charged with a violation of paragraph (a)(2) of this section, the defendant shall be tested for diseases transmittable through bodily fluids, the cost of such tests to be assessed as costs upon conviction. The results of such tests shall be provided only to the Attorney General, the victim of the offense, the defendant and the Department of Correction’s medical care provider.

(c) Any violation of paragraph (a)(1) of this section shall be an unclassified misdemeanor. Notwithstanding the above, any violation of paragraph (a)(1) of this section shall be a class A misdemeanor when the victim is acting in the lawful performance of the victim’s duty as 1 of the following: law-enforcement officer, hospital or nursing home employee, physician, medical professional, ambulance attendant, emergency medical technician, advanced emergency medical technician, paramedic, Delaware State Fire Police Officer, correctional officer, volunteer firefighter or full-time firefighter. Any violation of paragraph (a)(2) of this section shall be a class A misdemeanor.

11 Del. C. 1953, §  601;  58 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 382, §  1;  73 Del. Laws, c. 108, §§  1, 2;  79 Del. Laws, c. 64, §  1; 

(a) A person is guilty of menacing when by some movement of body or any instrument the person intentionally places another person in fear of imminent physical injury.

Menacing is an unclassified misdemeanor.

(b) A person is guilty of aggravated menacing when by displaying what appears to be a deadly weapon that person intentionally places another person in fear of imminent physical injury. Aggravated menacing is a class E felony.

11 Del. C. 1953, §  602;  58 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 159, §§  1, 2;  70 Del. Laws, c. 186, §  1; 

(a) A person is guilty of reckless endangering in the second degree when:

(1) The person recklessly engages in conduct which creates a substantial risk of physical injury to another person; or

(2) Being a parent, guardian or other person legally charged with the care or custody of a child less than 18 years old, the person knowingly, intentionally or with criminal negligence acts in a manner which contributes to or fails to act to prevent the unlawful possession and/or purchase of a firearm by a juvenile. It shall be an absolute defense to this paragraph if the person charged had a lock on the trigger and did not tell or show the juvenile where the key to the trigger lock was kept. It shall also be an absolute defense to this paragraph if the person had locked the firearm in a key or combination locked container and did not tell or show the juvenile where the key was kept or what the combination was.

(b) Reckless endangering in the second degree is a class A misdemeanor.

11 Del. C. 1953, §  603;  58 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 359, §  1; 

A person is guilty of reckless endangering in the first degree when the person recklessly engages in conduct which creates a substantial risk of death to another person.

Reckless endangering in the first degree is a class E felony.

11 Del. C. 1953, §  604;  58 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  69 Del. Laws, c. 24, §  2;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 34, §  9; 

(a) A person is guilty of abuse of a pregnant female in the second degree when in the course of or in furtherance of the commission or attempted commission of assault third degree or any violent felony against or upon a pregnant female, or while in immediate flight therefrom, the person recklessly and without her consent causes the unlawful termination of her pregnancy.

(b) It is no defense to a prosecution under this section that the person was unaware that the victim was pregnant.

(c) Prosecution under this section does not preclude prosecution under any other section of the Delaware Code. Abuse of a pregnant female in the second degree is a class C felony.

72 Del. Laws, c. 43, §  3;  70 Del. Laws, c. 186, §  1; 

(a) A person is guilty of abuse of a pregnant female in the first degree when in the course of or in furtherance of the commission or attempted commission of assault third degree any violent felony against or upon a pregnant female, or while in immediate flight therefrom, the person intentionally and without her consent causes the unlawful termination of her pregnancy.

(b) It is no defense to a prosecution under this section that the person was unaware that the victim was pregnant.

(c) Prosecution under this section does not preclude prosecution under any other section of the Delaware Code. Abuse of a pregnant female in the first degree is a class B felony.

72 Del. Laws, c. 43, §  4;  70 Del. Laws, c. 186, §  1; 

(a) (1) A person commits the offense of strangulation if the person knowingly or intentionally impedes the normal breathing or circulation of the blood of another person by applying pressure on the throat or neck of the other person.

(2) A person commits the offense of suffocation if the person knowingly or intentionally prevents another person from breathing by blocking or obstructing the nose or mouth of the other person.

(b) (1) Except as provided in paragraph (b)(2) of this section, strangulation or suffocation is a class D felony.

(2) Strangulation or suffocation is a class B felony if:

a. The person used or attempted to use a dangerous instrument or a deadly weapon while committing the offense; or

b. The person caused serious physical injury to the other person while committing the offense; or

c. [Repealed]

d. The person was subject to an existing court order prohibiting contact with the victim at the time of the offense; or

e. The person committed the offense against a pregnant female; or

f. The person committed the offense against a child.

(c) Notwithstanding any provisions of this Code to the contrary, any person who commits an offense under subsection (a) of this section within 5 years of a prior conviction under either subsection (a) or (b) of this section or a substantially similar section of another state, shall receive a minimum sentence of 1 year at Level 5.

(d) The absence of visible bodily injury shall not preclude a conviction under this section.

(e) It is an affirmative defense that an act constituting strangulation was the result of a legitimate medical procedure.

77 Del. Laws, c. 256, §  1;  83 Del. Laws, c. 392, § 1; 

(a) As used in this section:

(1) “Chokehold” means of any of the following:

a. A technique intended to restrict another person’s airway, or prevent or restrict the breathing of another person.

b. A technique intended to constrict the flow of blood by applying pressure or force to the carotid artery, the jugular vein, or the side of the neck of another person.

(2) “Law-enforcement officer” means as defined in § 222 of this title.

(b) A person commits the offense of aggravated strangulation if all of the following conditions are satisfied:

(1) The person is a law-enforcement officer.

(2) The person knowingly or intentionally uses a chokehold on another person.

(3) The person is acting within the person’s official capacity as a law-enforcement officer.

(c) Notwithstanding §§ 462-468 of this title to the contrary, the use of a chokehold is only justifiable when the person reasonably believes that the use of deadly force is necessary to protect the life of a civilian or a law-enforcement officer.

(d) Except as provided in paragraph (e) of this section, aggravated strangulation is a class D felony.

(e) Aggravated strangulation is a class C felony if the person caused serious physical injury or death to the other person while committing the offense.

(f) A charge under this section does not limit or preclude any other charge being brought against the person.

82 Del. Laws, c. 281, § 1;  83 Del. Laws, c. 37, § 4; 

A person is guilty of assault in the third degree when:

(1) The person intentionally or recklessly causes physical injury to another person; or

(2) With criminal negligence the person causes physical injury to another person by means of a deadly weapon or a dangerous instrument.

Assault in the third degree is a class A misdemeanor.

11 Del. C. 1953, §  611;  58 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1; 

(a) A person is guilty of assault in the second degree when:

(1) The person recklessly or intentionally causes serious physical injury to another person; or

(2) The person recklessly or intentionally causes physical injury to another person by means of a deadly weapon or a dangerous instrument; or

(3) The person intentionally causes physical injury to a law-enforcement officer, a volunteer firefighter, a full-time firefighter, emergency medical technician, paramedic, fire police officer, fire marshal, correctional officer, a sheriff, a deputy sheriff, public transit operator, hospital security officer or constable, code enforcement constable, or a code enforcement officer who is acting in the lawful performance of duty. For purposes of this subsection, if a law-enforcement officer is off duty and the nature of the assault is related to that law-enforcement officer’s official position, then it shall fall within the meaning of “official duties” of a law-enforcement officer; or

(4) The person intentionally causes physical injury to the operator of an ambulance, a rescue squad member, licensed practical nurse, registered nurse, paramedic, licensed medical doctor, or any person providing health-care treatment or employed by a health-care provider while such person is performing a work-related duty; or

(5) The person intentionally causes physical injury to any other person while such person is rendering emergency care; or

(6) The person recklessly or intentionally causes physical injury to another person who is 62 years of age or older; or

(7) The person intentionally assaults a law-enforcement officer while in the performance of the officer’s duties, with any disabling chemical spray, or with any aerosol or hand sprayed liquid or gas with the intent to incapacitate such officer and prevent the officer from performing such duties; or

(8) The person intentionally, while engaged in commission of any crime enumerated in this chapter, assaults any other person with any disabling chemical spray, or with any aerosol or hand sprayed liquid or gas with the intent to incapacitate the victim; or

(9) The person intentionally causes physical injury to any state employee or officer when that employee or officer is discharging or attempting to discharge a duty of employment or office; or

(10) The person recklessly or intentionally causes physical injury to a pregnant female. It is no defense to a prosecution under this subsection that the person was unaware that the victim was pregnant; or

(11) A person who is 18 years of age or older and who recklessly or intentionally causes physical injury to another person who has not yet reached the age of 6 years. In any prosecution of a parent, guardian, foster parent, legal custodian or other person similarly responsible for the general care and supervision of a child victim pursuant to this paragraph, the State shall be required to prove beyond a reasonable doubt the absence of any justification offered by § 468(1) of this title. In any prosecution of a teacher or school administrator pursuant to this paragraph, the State shall be required to prove beyond a reasonable doubt the absence of any justification offered by § 468(2) of this title; or

(12) The person recklessly or intentionally causes physical injury to a law-enforcement officer, security officer, fire police officer, fire fighter, paramedic, or emergency medical technician in the lawful performance of their duties by means of an electronic control device shall be a class C felony.

(b) It is no defense, for an offense under paragraph (a)(6) of this section, that the accused did not know the person’s age or that the accused reasonably believed the person to be under the age of 62.

(c) It is no defense, for an offense under paragraph (a)(11) of this section, that the accused did not know the person’s age or that the accused reasonably believed the person to be 6 years of age or older.

(d) Assault in the second degree is a class D felony.

11 Del. C. 1953, §  612;  58 Del. Laws, c. 497, §  1;  63 Del. Laws, c. 50, §  1;  63 Del. Laws, c. 237, §  1;  67 Del. Laws, c. 130, §  8;  68 Del. Laws, c. 129, §§  1, 3;  69 Del. Laws, c. 24, §§  3, 4;  69 Del. Laws, c. 189, §  1;  69 Del. Laws, c. 367, §  1;  70 Del. Laws, c. 128, §§  1-5;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 307, §  1;  71 Del. Laws, c. 374, §§  4, 5;  72 Del. Laws, c. 34, §  10;  72 Del. Laws, c. 43, §  5;  72 Del. Laws, c. 173, §§  1, 2;  73 Del. Laws, c. 126, §§  3, 16;  74 Del. Laws, c. 199;  76 Del. Laws, c. 270, §  3;  77 Del. Laws, c. 119, §  1;  77 Del. Laws, c. 265, §  1;  78 Del. Laws, c. 325, §  1;  80 Del. Laws, c. 287, § 1;  83 Del. Laws, c. 334, § 1; 

(a) A person is guilty of assault in the first degree when:

(1) The person intentionally causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument; or

(2) The person intentionally disfigures another person seriously and permanently, or intentionally destroys, amputates or disables permanently a member or organ of another person’s body; or

(3) The person recklessly engages in conduct which creates a substantial risk of death to another person, and thereby causes serious physical injury to another person; or

(4) While engaged in the commission of, or attempt to commit, or flight after committing or attempting to commit any felony, the person intentionally or recklessly causes serious physical injury to another person; or

(5) The person intentionally causes serious physical injury to a law-enforcement officer, a volunteer firefighter, a full-time firefighter, emergency medical technician, paramedic, fire police officer, fire marshal, public transit operator, a code enforcement constable or a code enforcement officer who is acting in the lawful performance of duty; or

(6) The person intentionally causes serious physical injury to the operator of an ambulance, a rescue squad member, licensed practical nurse, registered nurse, paramedic, licensed medical doctor or any other person while such person is rendering emergency care; or

(7) The person intentionally causes serious physical injury to another person who is 62 years of age or older.

(b) It is no defense, for an offense under paragraph (a)(7) of this section, that the accused did not know the person’s age or that the accused reasonably believed the person to be under the age of 62.

(c) Assault in the first degree is a class B felony.

11 Del. C. 1953, §  613;  58 Del. Laws, c. 497, §  1;  63 Del. Laws, c. 50, §  2;  63 Del. Laws, c. 237, §  2;  67 Del. Laws, c. 130, §  8;  68 Del. Laws, c. 129, §§  2, 3;  69 Del. Laws, c. 24, §§  5, 6;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 34, §  11;  73 Del. Laws, c. 126, §§  4, 16;  74 Del. Laws, c. 106, §  1;  75 Del. Laws, c. 168, §  1;  77 Del. Laws, c. 119, §  2;  77 Del. Laws, c. 265, §  2;  78 Del. Laws, c. 325, §  2; 

(a) A person is guilty of abuse of a sports official whenever the person intentionally or recklessly commits the following acts against a sports official who is acting in the lawful performance of duty:

(1) Reckless endangering in the second degree, as set forth in § 603 of this title; or

(2) Assault in the third degree, as set forth in § 611 of this title; or

(3) Terroristic threatening, as set forth in § 621 of this title; or

(4) Criminal mischief, as set forth in § 811 of this title.

(b) For purposes of this section, the words “sports official” shall mean any person who serves as a registered, paid or volunteer referee, umpire, line judge or acts in any similar capacity during a sporting event. For purposes of this section, the words, “lawful performance of duty” means the time immediately prior to, during and/or immediately after the sporting event.

(c) Whoever violates subsection (a) of this section shall be guilty of a class A misdemeanor. Upon conviction for a second or subsequent offense under this section, such person shall be guilty of a class G felony. Notwithstanding Chapter 42 of this title, such person shall be fined not less than $1,000 nor more than $2,350. In addition to the fines imposed by this subsection, any person who is guilty of abuse of a sports official shall be prohibited from participating in and/or attending any organized sporting event for a period of not less than 3 months nor more than 12 months.

(d) Except as provided in § 922 of Title 10, and notwithstanding any other provision of law to the contrary, the Court of Common Pleas shall have original jurisdiction to hear, try and finally determine any violation of this section, and any other misdemeanor violation of any offense set forth in this title which was allegedly committed during the same incident. Prosecution under this section shall not preclude a separate charge, conviction and sentence for any other crime set forth in the Code.

67 Del. Laws, c. 247, §  1;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 342, §  1; 

Transferred to § 1103B of this title by 78 Del. Laws, c. 406, § 3, effective Sept. 12, 2012.

(a) Definitions. — The following terms shall have the following meaning as used in this section.

(1) “Criminal street gang” means any ongoing organization, association, or group of 3 or more persons, whether formal or informal, having as 1 of its primary activities the commission of 1 or more of the criminal acts enumerated in paragraph (a)(2) of this section, having a common name or common identifying sign or symbol, and whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity.

(2) “Pattern of criminal gang activity” means the commission of attempted commission of, conspiracy to commit, solicitation of, or conviction of 2 or more of the following criminal offenses, provided that at least 1 of these offenses occurred after July 1, 2003, and that the last of those offenses occurred within 3 years after a prior offense, and provided that the offenses were committed on separate occasions, or by 2 or more persons:

a. Assault, as defined in § 612 or § 613 of this title.

b. Any criminal acts causing death as defined in §§ 632 - 636 of this title.

c. Any criminal acts relating to sexual offenses defined in §§ 768 - 780 of this title.

d. Any criminal offenses relating to unlawful imprisonment or kidnapping which are defined in §§ 782 - 783A of this title.

e. Any criminal acts of arson as defined in §§ 801 - 803 of this title.

f. Any criminal acts relating to burglary which are defined in §§ 824 - 826 of this title and [former] § 826A of this title [repealed].

g. Any criminal acts relating to robbery which are defined in §§ 831 and 832 of this title.

h. Any criminal acts relating to theft or extortion which are defined in § 841, § 849 or § 851 of this title, provided that such acts meet the requirements of felony offenses under said sections.

i. Any criminal acts relating to riot, unlawful disruption, hate crimes, stalking or bombs which are defined in § 1302, former § 1303 [repealed], § 1304, § 1312A or § 1338 of this title, provided that such acts meet the requirements of felony offenses under said sections.

j. Any criminal acts involving deadly weapons or dangerous instruments which are defined in § 1442, § 1444, §§ 1447 - 1448, § 1449, § 1450, § 1451, § 1454 or § 1455 of this title.

k. Any criminal acts involving controlled substances which are defined by §§ 4752, 4753, 4756, or 4757(c) of Title 16.

(b) Forbidden conduct. — A person who actively participates in any criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal gang activity and who knowingly promotes, furthers or assists in any criminal conduct by members of that gang which would constitute a felony under Delaware law, shall be guilty of illegal gang participation. Illegal gang participation is a class F felony.

(c) Sentencing enhancements. — (1) Any person who is convicted of a class E felony committed for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members, shall, upon conviction of that felony, be sentenced consistent with the sentence dictated by Delaware law for a class D felony under § 4205(b)(4) of this title.

(2) Any person who is convicted of a class D felony committed for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members, shall, upon conviction of that felony, be sentenced consistent with the sentence dictated by Delaware law for a class C felony under § 4205(b)(3) of this title.

(3) Any person who is convicted of a class C felony committed for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members, shall, upon conviction of that felony, be sentenced consistent with the sentence dictated by Delaware law for a class B felony under § 4205(b)(2) of this title.

74 Del. Laws, c. 115, §  1;  78 Del. Laws, c. 13, §  4;  78 Del. Laws, c. 252, §  5;  82 Del. Laws, c. 215, § 1;  82 Del. Laws, c. 217, § 19; 

(a) Definitions. — The following words, terms and phrases, when used in this chapter, shall have their meaning ascribed to them except where the context clearly indicates a different meaning.

(1) “Criminal youth gang” shall mean a group of 3 or more persons with a gang name or other identifier which either promotes, sponsors, assists in, participates in or requires as a condition of membership submission to group initiation that results in any felony or any class A misdemeanor set forth in this title or Title 16.

(2) “Identifier” shall mean common identifying signs, symbols, tattoos, markings, graffiti, or attire or other distinguishing characteristics or indicia of gang membership.

(3) “Student” shall mean any person enrolled in a school grades preschool through 12.

(b) Recruitment or retention of juveniles or students for a criminal street gang or criminal youth gang; penalties. — (1) Any person who solicits, invites, recruits, encourages or otherwise causes or attempts to cause a juvenile or student to participate in or become a member of a criminal street gang as defined in § 616(a) of this title or criminal youth gang is guilty of a class G felony.

(2) Any person who,

a. In order to encourage a juvenile or student to:

1. Join a criminal youth gang or criminal street gang,

2. Remain as a participant in or a member of a criminal youth gang or criminal street gang, or

3. Submit to a demand by a criminal youth gang or criminal street gang to commit a crime; or

b. In order to prevent a juvenile or student from withdrawing or attempting to withdraw from a criminal youth gang or criminal street gang threatens to commit any crime likely to result in death or in physical injury to the juvenile, the juvenile’s property, a member of that juvenile’s family or household, or their property; or commits a crime which results in physical injury or death to the juvenile, the juvenile’s property, a member of that juvenile’s family or household, or their property

shall be guilty of a class F felony and shall constitute a separate and distinct offense. If the acts or activities violating this section also violate another provision of law, a prosecution under this section shall not prohibit or bar any prosecution or proceeding under such other provision or the imposition of any penalties provided for thereby.

75 Del. Laws, c. 421, §  1;  70 Del. Laws, c. 186, §  1; 

(a) A person is guilty of terroristic threatening when that person commits any of the following:

(1) The person threatens to commit any crime likely to result in death or in serious injury to person or property;

(2) The person makes a false statement or statements:

a. Knowing that the statement or statements are likely to cause evacuation of a building, place of assembly, or facility of public transportation;

b. Knowing that the statement or statements are likely to cause serious inconvenience; or

c. In reckless disregard of the risk of causing terror or serious inconvenience; or

(3) The person commits an act with intent of causing an individual to believe that the individual has been exposed to a substance that will cause the individual death or serious injury.

(b) Any violation of paragraph (a)(1) of this section shall be a class A misdemeanor except where the victim is a person 62 years of age or older, in which case any violation of paragraph (a)(1) of this section shall be a class G felony. Any violation of paragraph (a)(2)a. of this section shall be a class E felony. Any violation of paragraph (a)(2)b. or c. of this section shall be a class G felony unless the place at which the risk of serious inconvenience or terror is created is a place that has the purpose, in whole or in part, of acting as a daycare facility, nursery or preschool, kindergarten, elementary, secondary or vocational-technical school, or any long-term care facility in which elderly persons are housed, in which case it shall be a class F felony. Any violation of paragraph (a)(3) of this section shall be a class F felony. Notwithstanding any provision of this subsection to the contrary, a first offense of paragraph (a)(2) of this section by a person 17 years old or younger shall be a class A misdemeanor.

(c) In addition to the penalties otherwise authorized by law, any person convicted of an offense in violation of paragraph (a)(2) of this section shall:

(1) Pay a fine of not less than $1,000 nor more than $2,500, which fine cannot be suspended; and

(2) Be sentenced to perform a minimum of 100 hours of community service.

(d) In addition to the penalties otherwise authorized by law, any person convicted of an offense in violation of paragraph (a)(3) of this section shall pay a fine of not less than $2,000, which fine cannot be suspended.

11 Del. C. 1953, §  621;  58 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 330, §  1;  73 Del. Laws, c. 126, §§  5, 6;  73 Del. Laws, c. 255, §  1;  80 Del. Laws, c. 14, §  1; 

(a) Whoever possesses, transports, uses or places or causes another to knowingly or unknowingly possess, transport, use or place any hoax device with the intent to cause anxiety, unrest, fear or personal discomfort to any person or group of persons shall be guilty of a class F felony.

(b) For the purposes of this section the following definitions shall apply:

(1) “Destructive device” means any explosive, incendiary, or chemical material or over-pressure device which will rapidly expand in a manner to project material outward at such a rate to cause injury to persons or damage to property.

(2) “Explosive” means any chemical compound, or other substance or containing oxidizing and combustible units or other ingredients in such proportions or quantities that ignition, fire, friction, concussion, percussion, or detonator may produce an explosion capable of causing injury to persons or damage to property.

(3) “Hoax device” shall mean any object or item that would cause a person to reasonably believe that such object or item is or contains a destructive device, Molotov cocktail, incendiary device, or over-pressure device which could cause injury or death.

(4) “Incendiary device” means any item designed to ignite by hand, chemical reaction, timer or by spontaneous combustion and is not designed for lawful purposes or use whatsoever, or any lawful use or purpose has been terminated.

(5) “Molotov cocktail” means a makeshift incendiary bomb made of a breakable container filled with flammable liquid and provided with a wick composed of any substance capable of bringing flame into contact with a wick composed of any substance capable of bringing flame into contact with a liquid.

(6) “Over-pressure device” means a frangible container filled with an explosive gas, chemical or combination of materials, which is designed or constructed so as to cause the container to break or fracture in a manner which is capable of causing death, bodily harm, or property damage.

74 Del. Laws, c. 420, §  1; 

A person is guilty of unlawfully administering drugs when, for a purpose other than lawful medical or therapeutic treatment, the person intentionally causes stupor, unconsciousness or other alteration of the physical or mental condition of another person by administering to the other person, without consent, a drug.

Unlawfully administering drugs is a class A misdemeanor.

11 Del. C. 1953, §  625;  58 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1; 

A person is guilty of unlawfully administering a controlled substance or counterfeit substance or narcotic drugs when, for a purpose other than lawful medical or therapeutic treatment, the person intentionally introduces or causes introduction into the body of another person, without consent, a controlled substance or counterfeit substance or narcotic drug.

Unlawfully administering controlled substance or counterfeit substance or narcotic drugs is a class G felony.

11 Del. C. 1953, §  626;  58 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1; 

No person shall:

(1) Intentionally smell or inhale the vapors or fumes from any substance having the property of releasing vapors or fumes for the purpose of producing a condition of intoxication, inebriation, exhilaration, stupefaction or lethargy or for the purpose of dulling the brain or nervous system; provided, that nothing in this section shall prohibit the inhalation of the vapors or fumes of any anesthesia for medical or dental purposes;

(2) Sell or offer to sell to any person any material, product or article of commerce containing any substance having a property of releasing vapors or fumes, if the person has knowledge or is in the possession of such facts that the person should have knowledge that the material, product or article of commerce sold or offered will be used for the purpose of committing any of the acts proscribed in paragraph (1) of this section;

(3) Purchase or offer to purchase for the person or any other person any material, product or article of commerce containing any substance having the property of releasing vapors and fumes if such purchase or offer to purchase is made for the purpose of committing any of the acts proscribed in paragraph (1) of this section.

Any violation of this section shall be an unclassified misdemeanor.

11 Del. C. 1953, §  627;  58 Del. Laws, c. 497, §  1;  65 Del. Laws, c. 286, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1; 

A person is guilty of vehicular assault in the third degree when, while in the course of driving or operating a motor vehicle, the person’s criminally negligent driving or operation of said vehicle causes physical injury to another person.

Vehicular assault in the third degree is a class B misdemeanor.

78 Del. Laws, c. 168, §  2; 

A person is guilty of vehicular assault in the second degree when:

(1) While in the course of driving or operating a motor vehicle, the person’s criminally negligent driving or operation of said vehicle causes serious physical injury to another person; or

(2) While in the course of driving or operating a motor vehicle and under the influence of alcohol or drugs or with a prohibited alcohol or drug content, as defined by § 4177 of Title 21, the person’s negligent driving or operation of said vehicle causes physical injury to another person.

Vehicular assault in the second degree is a class A misdemeanor.

63 Del. Laws, c. 88, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 333, §  5;  75 Del. Laws, c. 315, §  7;  78 Del. Laws, c. 168, §§  1, 2; 

A person is guilty of vehicular assault in the first degree when while in the course of driving or operating a motor vehicle and under the influence of alcohol or drugs or with a prohibited alcohol or drug content, as defined by § 4177 of Title 21, the person’s negligent driving or operation of said vehicle causes serious physical injury to another person.

Vehicular assault in the first degree is a class F felony.

63 Del. Laws, c. 88, §  2;  67 Del. Laws, c. 130, §  8;  68 Del. Laws, c. 361, §§  1, 2;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 333, §  5;  75 Del. Laws, c. 315, §  7; 

(a) A person is guilty of vehicular homicide in the second degree when:

(1) While in the course of driving or operating a motor vehicle, the person’s criminally negligent driving or operation of said vehicle causes the death of another person; or

(2) While in the course of driving or operating a motor vehicle, under the influence of alcohol or drugs or with a prohibited alcohol or drug content, as defined by § 4177 of Title 21, the person’s negligent driving or operation of said vehicle causes the death of another person.

Vehicular homicide in the second degree is a class D felony.

(b) The minimum sentence required by paragraph (a)(2) of this section shall be 1 year, notwithstanding § 4205(b)(6) of this title. The minimum sentence shall not be subject to suspension, and no person convicted under this section shall be eligible for probation, parole, furlough, work release or supervised custody during the first year of such sentence.

(c) Every person charged under this section after having reached his or her sixteenth birthday, shall be treated for purposes of trial or other disposition of the charge, including but not limited to sentencing, as an adult, notwithstanding any contrary provisions of statutes governing the Family Court, or any other state law, except that the mandatory minimum sentencing provisions of subsection (b) of this section and § 630A(b) of this title shall not apply to juveniles. Any such case involving a juvenile shall be subject to the transfer provisions of § 1011 of Title 10. Any period of incarceration imposed upon a juvenile by operation of this section shall be served in a juvenile correctional facility until the person attains their 18th birthday, at which time the person shall be transferred to the appropriate adult correctional institution or jail to serve any remaining portion of the sentence.

63 Del. Laws, c. 88, §  3;  65 Del. Laws, c. 357, §  1;  67 Del. Laws, c. 130, §  8;  67 Del. Laws, c. 246, §  1;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 333, §  5;  75 Del. Laws, c. 315, §  7;  78 Del. Laws, c. 168, §  3; 

(a) A person is guilty of vehicular homicide in the first degree when while in the course of driving or operating a motor vehicle under the influence of alcohol or drugs or with a prohibited alcohol or drug content, as defined by § 4177 of Title 21, the person’s criminally negligent driving or operation of said vehicle causes the death of another person.

Vehicular homicide in the first degree is a class C felony.

(b) The minimum sentence required by this section shall be 2 years, notwithstanding § 4205(b)(5) of this title. The minimum sentence shall not be subject to suspension, and no person convicted under this section shall be eligible for probation, parole, furlough, work release or supervised custody during the first 18 months of such sentence.

(c) Every person charged under this section after having reached his or her sixteenth birthday, shall be treated for purposes of trial or other disposition of the charge, including but not limited to sentencing, as an adult, notwithstanding any contrary provisions of statutes governing the Family Court, or any other state law, except that the mandatory minimum sentencing provisions of subsection (b) of this section and § 630(b) of this title shall not apply to juveniles. Any such case involving a juvenile shall be subject to the transfer provisions of § 1011 of Title 10. Any period of incarceration imposed upon a juvenile by operation of this section shall be served in a juvenile correctional facility until the person attains his or her eighteenth birthday, at which time the person shall be transferred to the appropriate adult correctional institution or jail to serve any remaining portion of the sentence.

63 Del. Laws, c. 88, §  4;  65 Del. Laws, c. 357, §  2;  67 Del. Laws, c. 130, §  8;  67 Del. Laws, c. 246, §  1;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 333, §  5;  75 Del. Laws, c. 315, §  7;  78 Del. Laws, c. 168, §  4; 

A person is guilty of criminally negligent homicide when, with criminal negligence, the person causes the death of another person.

Criminally negligent homicide is a class D felony.

11 Del. C. 1953, §  631;  58 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 168, §  5; 

A person is guilty of manslaughter when:

(1) The person recklessly causes the death of another person; or

(2) With intent to cause serious physical injury to another person the person causes the death of such person, employing means which would to a reasonable person in the defendant’s situation, knowing the facts known to the defendant, seem likely to cause death; or

(3) The person intentionally causes the death of another person under circumstances which do not constitute murder because the person acts under the influence of extreme emotional disturbance; or

(4) [Repealed.]

(5) The person intentionally causes another person to commit suicide.

Manslaughter is a class B felony.

11 Del. C. 1953, §  632;  58 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 106, §  2;  83 Del. Laws, c. 200, § 1; 

(a) A person is guilty of murder by abuse or neglect in the second degree when, with criminal negligence, the person causes the death of a child:

(1) Through an act of abuse and/or neglect of such child; or

(2) When the person has engaged in a previous pattern of abuse and/or neglect of such child.

(b) For the purpose of this section:

(1) “Abuse” and “neglect” shall have the same meaning as set forth in § 1100 of this title.

(2) “Child” shall refer to any person who has not yet reached that person’s fourteenth birthday.

(3) “Previous pattern” of abuse and/or neglect shall mean 2 or more incidents of conduct:

a. That constitute an act of abuse and/or neglect; and

b. Are not so closely related to each other or connected in point of time and place that they constitute a single event.

(c) A conviction is not required for an act of abuse or neglect to be used in prosecution of a matter under this section, including an act used as proof of a previous pattern as defined in paragraph (b)(3) of this section. A conviction for any act of abuse or neglect, including one which may be relied upon to establish a previous pattern of abuse and/or neglect does not preclude prosecution under this section. Prosecution under this section does not preclude prosecution under any other section of the Code.

(d) Murder by abuse or neglect in the second degree is a class B felony. Notwithstanding any provision of this title to the contrary, the minimum sentence for a person convicted of murder by abuse or neglect in the second degree in violation of this section shall be 10 years at Level V.

70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 266, §  1;  70 Del. Laws, c. 382, §  1;  72 Del. Laws, c. 197, §§  2-4;  78 Del. Laws, c. 406, §  1; 

(a) A person is guilty of murder by abuse or neglect in the first degree when the person recklessly causes the death of a child:

(1) Through an act of abuse and/or neglect of such child; or

(2) When the person has engaged in a previous pattern of abuse and/or neglect of such child.

(b) For the purpose of this section:

(1) “Abuse” and “neglect” shall have the same meaning as set forth in § 1100 of this title.

(2) “Child” shall refer to any person who has not yet reached that person’s fourteenth birthday.

(3) “Previous pattern” of abuse and/or neglect shall mean 2 or more incidents of conduct:

a. That constitute an act of abuse and/or neglect; and

b. Are not so closely related to each other or connected in point of time and place that they constitute a single event.

(c) A conviction is not required for an act of abuse or neglect to be used in prosecution of a matter under this section including an act used as proof of the previous pattern as defined in paragraph (b)(3) of this section. A conviction for any act of abuse or neglect including one which may be relied upon to establish the previous pattern of abuse and/or neglect does not preclude prosecution under this section. Prosecution under this section does not preclude prosecution under any other section of the Code.

(d) Murder by abuse or neglect in the first degree is a class A felony.

70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 266, §  2;  72 Del. Laws, c. 197, §§  5, 6;  78 Del. Laws, c. 406, §  1; 

A person is guilty of murder in the second degree when:

(1) The person recklessly causes the death of another person under circumstances which manifest a cruel, wicked and depraved indifference to human life; or

(2) While engaged in the commission of, or attempt to commit, or flight after committing or attempting to commit any felony, the person, with criminal negligence, causes the death of another person.

Murder in the second degree is a class A felony.

11 Del. C. 1953, §  635;  58 Del. Laws, c. 497, §  1;  59 Del. Laws, c. 203, §  35;  67 Del. Laws, c. 130, §  8;  67 Del. Laws, c. 350, §  29;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 106, §  3;  74 Del. Laws, c. 246, §  1; 

(a) A person is guilty of murder in the first degree when:

(1) The person intentionally causes the death of another person;

(2) While engaged in the commission of, or attempt to commit, or flight after committing or attempting to commit any felony, the person recklessly causes the death of another person.

(3) The person intentionally causes another person to commit suicide by force or duress;

(4) The person recklessly causes the death of a law-enforcement officer, corrections employee, fire fighter, paramedic, emergency medical technician, fire marshal or fire police officer while such officer is in the lawful performance of duties;

(5) The person causes the death of another person by the use of or detonation of any bomb or similar destructive device;

(6) The person causes the death of another person in order to avoid or prevent the lawful arrest of any person, or in the course of and in furtherance of the commission or attempted commission of escape in the second degree or escape after conviction.

(b) Murder in the first degree is a class A felony and shall be punished:

(1) As provided in § 4209 of this title for an offense that was committed after the person had reached the person’s eighteenth birthday; and

(2) As provided in § 4209A of this title for an offense that was committed before the person had reached the person’s eighteenth birthday.

11 Del. C. 1953, §  636;  58 Del. Laws, c. 497, §  1;  59 Del. Laws, c. 284, §  1;  63 Del. Laws, c. 354, §  1;  66 Del. Laws, c. 269, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 285, §  2;  74 Del. Laws, c. 246, §§  2, 3;  77 Del. Laws, c. 191, §  1;  79 Del. Laws, c. 37, §  1; 

The fact that the accused intentionally caused the death of another person under the influence of extreme emotional distress is a mitigating circumstance, reducing the crime of murder in the first degree as defined by § 636 of this title to the crime of manslaughter as defined by § 632 of this title. The fact that the accused acted under the influence of extreme emotional distress must be proved by a preponderance of the evidence. The accused must further prove by a preponderance of the evidence that there is a reasonable explanation or excuse for the existence of the extreme emotional distress. The reasonableness of the explanation or excuse shall be determined from the viewpoint of a reasonable person in the accused’s situation under the circumstances as the accused believed them to be. Extreme emotional distress is not reasonably explained or excused when it is caused or occasioned by the accused’s own mental disturbance for which the accused was culpably responsible, or by any provocation, event or situation for which the accused was culpably responsible, or when there is no causal relationship between the provocation, event or situation which caused the extreme emotional distress and the victim of the murder. Evidence of voluntary intoxication shall not be admissible for the purpose of showing that the accused was acting under the influence of extreme emotional distress.

11 Del. C. 1953, §  641;  58 Del. Laws, c. 497, §  1;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 127, §  1; 

A person is guilty of promoting suicide when the person intentionally causes or aids another person to attempt suicide, or when the person intentionally aids another person to commit suicide.

Promoting suicide is a class F felony.

11 Del. C. 1953, §  645;  58 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1; 

11 Del. C. 1953, §  651;  58 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;  repealed by 83 Del. Laws, c. 200, § 1, effective Sept. 17, 2021.; 

11 Del. C. 1953, §  652;  58 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;  repealed by 83 Del. Laws, c. 200, § 1, effective Sept. 17, 2021.; 

11 Del. C. 1953, §  653;  58 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;  repealed by 83 Del. Laws, c. 200, § 1, effective Sept. 17, 2021.; 

11 Del. C. 1953, §  654;  58 Del. Laws, c. 497, §  1;  70 Del. Laws, c. 186, §  1;  repealed by 83 Del. Laws, c. 200, § 1, effective Sept. 17, 2021.; 

(a) “Cognitive disability” means a developmental disability that substantially impairs an individual’s cognitive abilities including, but not limited to, delirium, dementia and other organic brain disorders for which there is an identifiable pathologic condition, as well as nonorganic brain disorders commonly called functional disorders. “Cognitive disability” also includes conditions of mental retardation, severe cerebral palsy, and any other condition found to be closely related to mental retardation because such condition results in the impairment of general intellectual functioning or adaptive behavior similar to that of persons who have been diagnosed with mental retardation, or such condition requires treatment and services similar to those required for persons who have been diagnosed with mental retardation.

(b) “Cunnilingus” means any oral contact with the female genitalia.

(c) “Fellatio” means any oral contact with the male genitalia.

(d) “Object” means any item, device, instrument, substance or any part of the body. It does not mean a medical instrument used by a licensed medical doctor or nurse for the purpose of diagnosis or treatment.

(e) “Position of trust, authority or supervision over a child” includes, but is not limited to:

(1) Familial, guardianship or custodial authority or supervision; or

(2) A teacher, coach, counselor, advisor, mentor or any other person providing instruction or educational services to a child or children, whether such person is compensated or acting as a volunteer; or

(3) A babysitter, child care provider, or child care aide, whether such person is compensated or acting as a volunteer; or

(4) A health professional, meaning any person who is licensed or who holds himself or herself out to be licensed or who otherwise provides professional physical or mental health services, diagnosis, treatment or counseling which shall include, but not be limited to, doctors of medicine and osteopathy, dentists, nurses, physical therapists, chiropractors, psychologists, social workers, medical technicians, mental health counselors, substance abuse counselors, marriage and family counselors or therapists and hypnotherapists, whether such person is compensated or acting as a volunteer; or

(5) Clergy, including but not limited to any minister, pastor, rabbi, lay religious leader, pastoral counselor or any other person having regular direct contact with children through affiliation with a church or religious institution, whether such person is compensated or acting as a volunteer; or

(6) Any law-enforcement officer, as that term is defined in § 222 of this title, and including any person acting as an officer or counselor at a correctional or counseling institution, facility or organization, whether such person is compensated or acting as a volunteer; or

(7) Any other person who because of that person’s familial relationship, profession, employment, vocation, avocation or volunteer service has regular direct contact with a child or children and in the course thereof assumes responsibility, whether temporarily or permanently, for the care or supervision of a child or children.

(f) “Semen” means fluid produced in the male reproductive organs, which may include spermatozoa.

(g) (1) “Sexual contact” means any of the following touching, if the touching, under the circumstances as viewed by a reasonable person, is intended to be sexual in nature:

a. Any intentional touching by the defendant of the anus, breast, buttocks, or genitalia of another person.

b. Any intentional touching of another person with the defendant’s anus, breast, buttocks, semen, or genitalia.

c. Intentionally causing or allowing another person to touch the defendant’s anus, breast, buttocks, or genitalia.

(2) “Sexual contact” includes touching when covered by clothing.

(h) “Sexual intercourse” means:

(1) Any act of physical union of the genitalia or anus of 1 person with the mouth, anus or genitalia of another person. It occurs upon any penetration, however slight. Ejaculation is not required. This offense encompasses the crimes commonly known as rape and sodomy; or

(2) Any act of cunnilingus or fellatio regardless of whether penetration occurs. Ejaculation is not required.

(i) “Sexual offense” means any offense defined by §§ 763 through 780, 783(4), 783(6), 783A(4), 783A(6), 787(b)(3), 787(b)(4), 1100A, 1108 through 1112B, 1335(a)(6), 1335(a)(7), 1352(2), and 1353(2), and 1361(b) of this title.

(j) “Sexual penetration” means:

(1) The unlawful placement of an object, as defined in subsection (d) of this section, inside the anus or vagina of another person; or

(2) The unlawful placement of the genitalia or any sexual device inside the mouth of another person.

(k) “Without consent” means:

(1) The defendant compelled the victim to submit by any act of coercion as defined in §§ 791 and 792 of this title, or by force, by gesture, or by threat of death, physical injury, pain or kidnapping to be inflicted upon the victim or a third party, or by any other means which would compel a reasonable person under the circumstances to submit. It is not required that the victim resist such force or threat to the utmost, or to resist if resistance would be futile or foolhardy, but the victim need resist only to the extent that it is reasonably necessary to make the victim’s refusal to consent known to the defendant; or

(2) The defendant knew that the victim was unconscious, asleep or otherwise unaware that a sexual act was being performed; or

(3) The defendant knew that the victim suffered from a cognitive disability, mental illness or mental defect which rendered the victim incapable of appraising the nature of the sexual conduct or incapable of consenting; or

(4) Where the defendant is a health professional, as defined herein, or a minister, priest, rabbi or other member of a religious organization engaged in pastoral counseling, the commission of acts of sexual contact, sexual penetration or sexual intercourse by such person shall be deemed to be without consent of the victim where such acts are committed under the guise of providing professional diagnosis, counseling or treatment and where at the times of such acts the victim reasonably believed the acts were for medically or professionally appropriate diagnosis, counseling or treatment, such that resistance by the victim could not reasonably have been manifested. For purposes of this paragraph, “health professional” includes all individuals who are licensed or who hold themselves out to be licensed or who otherwise provide professional physical or mental health services, diagnosis, treatment or counseling and shall include, but not be limited to, doctors of medicine and osteopathy, dentists, nurses, physical therapists, chiropractors, psychologists, social workers, medical technicians, mental health counselors, substance abuse counselors, marriage and family counselors or therapists and hypnotherapists; or

(5) The defendant had substantially impaired the victim’s power to appraise or control the victim’s own conduct by administering or employing without the other person’s knowledge or against the other person’s will, drugs, intoxicants or other means for the purpose of preventing resistance.

(l) A child who has not yet reached that child’s sixteenth birthday is deemed unable to consent to a sexual act with a person more than 4 years older than said child. Children who have not yet reached their twelfth birthday are deemed unable to consent to a sexual act under any circumstances.

11 Del. C. 1953, §  773;  58 Del. Laws, c. 497, §  1;  60 Del. Laws, c. 416, §  1;  61 Del. Laws, c. 56;  65 Del. Laws, c. 494, §  1;  66 Del. Laws, c. 269, §§  27, 28;  69 Del. Laws, c. 44, §  1;  69 Del. Laws, c. 440, §§  1, 2;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 285, §§  3-7;  71 Del. Laws, c. 467, §  6;  72 Del. Laws, c. 109, §  1;  74 Del. Laws, c. 345, §  2;  75 Del. Laws, c. 392, §  2;  76 Del. Laws, c. 66, §  1;  77 Del. Laws, c. 150, §§  1-3;  77 Del. Laws, c. 318, §  1;  80 Del. Laws, c. 175, §  2;  82 Del. Laws, c. 150, § 1;  83 Del. Laws, c. 37, § 5; 

(a) Mistake as to age. — Whenever in the definition of a sexual offense, the criminality of conduct or the degree of the offense depends on whether the person has reached that person’s sixteenth birthday, it is no defense that the actor did not know the person’s age, or that the actor reasonably believed that the person had reached that person’s sixteenth birthday.

(b) Gender. — Unless a contrary meaning is clearly required, the male pronoun shall be deemed to refer to both male and female.

(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.

(d) Teenage defendant. — As to sexual offenses in which the victim’s age is an element of the offense because the victim has not yet reached that victim’s sixteenth birthday, where the person committing the sexual act is no more than 4 years older than the victim, it is an affirmative defense that the victim consented to the act “knowingly” as defined in § 231 of this title. Sexual conduct pursuant to this section will not be a crime. This affirmative defense will not apply if the victim had not yet reached that victim’s twelfth birthday at the time of the act.

11 Del. C. 1953, §  772;  58 Del. Laws, c. 497, §  1;  59 Del. Laws, c. 547, §  3;  61 Del. Laws, c. 56, §  3;  65 Del. Laws, c. 494, §  1;  66 Del. Laws, c. 269, §§  33, 34;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 285, §§  8, 9;  75 Del. Laws, c. 392, §  3; 

A person is guilty of sexual harassment when:

(1) The person threatens to engage in conduct likely to result in the commission of a sexual offense against any person; or

(2) The person suggests, solicits, requests, commands, importunes or otherwise attempts to induce another person to have sexual contact or sexual intercourse or unlawful sexual penetration with the actor, knowing that the actor is thereby likely to cause annoyance, offense or alarm to that person.

Sexual harassment is an unclassified misdemeanor.

65 Del. Laws, c. 494, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1; 

(a) A male is guilty of indecent exposure in the second degree if he exposes his genitals or buttocks under circumstances in which he knows his conduct is likely to cause affront or alarm to another person.

(b) A female is guilty of indecent exposure in the second degree if she exposes her genitals, breast or buttocks under circumstances in which she knows her conduct is likely to cause affront or alarm to another person.

Indecent exposure in the second degree is an unclassified misdemeanor.

11 Del. C. 1953, §  768;  58 Del. Laws, c. 497, §  1;  65 Del. Laws, c. 494, §  1;  66 Del. Laws, c. 269, §  17;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1; 

(a) A male is guilty of indecent exposure in the first degree if he exposes his genitals or buttocks to a person who is less than 16 years of age under circumstances in which he knows his conduct is likely to cause affront or alarm.

(b) A female is guilty of indecent exposure in the first degree if she exposes her genitals, breast or buttocks to a person who is less than 16 years of age under circumstances in which she knows her conduct is likely to cause affront or alarm.

Indecent exposure in the first degree is a class A misdemeanor.

11 Del. C. 1953, §  768;  58 Del. Laws, c. 497, §  1;  65 Del. Laws, c. 494, §  1;  66 Del. Laws, c. 269, §  18;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1; 

(a) A person is guilty of incest if the person engages in sexual intercourse with another person with whom the person has 1 of the following relationships:

A male and his child.

A male and his parent.

A male and his brother.

A male and his sister.

A male and his grandchild.

A male and his niece or nephew.

A male and his father’s sister or brother.

A male and his mother’s sister or brother.

A male and his father’s wife.

A male and his wife’s child.

A male and the child of his wife’s son or daughter.

A female and her parent.

A female and her child.

A female and her brother.

A female and her sister.

A female and her grandchild.

A female and her niece or nephew.

A female and her father’s sister or brother.

A female and her mother’s sister or brother.

A female and her mother’s husband.

A female and her husband’s child.

A female and the child of her husband’s son or daughter.

(b) The relationships referred to herein include blood relationships without regard to legitimacy and relationships by adoption.

Incest is a class A misdemeanor and is an offense within the original jurisdiction of the Family Court.

11 Del. C. 1953, §  771;  58 Del. Laws, c. 497, §  1;  65 Del. Laws, c. 494, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1; 

A person is guilty of unlawful sexual contact in the third degree when the person has sexual contact with another person or causes the victim to have sexual contact with the person or a third person and the person knows that the contact is either offensive to the victim or occurs without the victim’s consent.

Unlawful sexual contact in the third degree is a class A misdemeanor.

11 Del. C. 1953, §  761;  58 Del. Laws, c. 497, §  1;  65 Del. Laws, c. 494, §  1;  66 Del. Laws, c. 269, §  19;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1; 

A person is guilty of unlawful sexual contact in the second degree when the person intentionally has sexual contact with another person who is less than 18 years of age or causes the victim to have sexual contact with the person or a third person.

Unlawful sexual contact in the second degree is a class F felony.

11 Del. C. 1953, §§  761, 762;  58 Del. Laws, c. 497, §  1;  65 Del. Laws, c. 494, §  1;  66 Del. Laws, c. 269, §  20;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 364, §  1;  77 Del. Laws, c. 148, §  33; 

(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) [Repealed.]

(3) The person intentionally has sexual contact with another person who is less than 13 years of age or causes the victim to have sexual contact with the person or a third person.

(b) Unlawful sexual contact in the first degree is a class D felony.

11 Del. C. 1953, §  767;  58 Del. Laws, c. 497, §  1;  61 Del. Laws, c. 56, §  2;  65 Del. Laws, c. 494, §  1;  66 Del. Laws, c. 269, §  21;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 93, §  3;  75 Del. Laws, c. 392, §  1;  76 Del. Laws, c. 364, §  2;  77 Del. Laws, c. 148, §  34;  77 Del. Laws, c. 318, §  7; 

(a) A person is guilty of rape in the fourth degree when the person:

(1) Intentionally engages in sexual intercourse with another person, and the victim has not yet reached that victim’s sixteenth birthday; or

(2) Intentionally engages in sexual intercourse with another person, and the victim has not yet reached that victim’s eighteenth birthday, and the person is 30 years of age or older, except that such intercourse shall not be unlawful if the victim and person are married at the time of such intercourse; or

(3) Intentionally engages in sexual penetration with another person under any of the following circumstances:

a. The sexual penetration occurs without the victim’s consent; or

b. The victim has not reached that victim’s sixteenth birthday.

(4) [Repealed.]

(b) Paragraph (a)(3) of this section does not apply to a licensed medical doctor or nurse who places 1 or more fingers or an object inside a vagina or anus for the purpose of diagnosis or treatment or to a law-enforcement officer who is engaged in the lawful performance of his or her duties.

Rape in the fourth degree is a class C felony.

71 Del. Laws, c. 285, §  10;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 318, §§  7, 9; 

(a) A person is guilty of rape in the third degree when the person:

(1) Intentionally engages in sexual intercourse with another person, and the victim has not reached that victim’s sixteenth birthday and the person is at least 10 years older than the victim, or the victim has not yet reached that victim’s fourteenth birthday and the person has reached that person’s nineteenth birthday and is not otherwise subject to prosecution pursuant to § 772 or § 773 of this title; or

(2) Intentionally engages in sexual penetration with another person under any of the following circumstances:

a. The sexual penetration occurs without the victim’s consent and during the commission of the crime, or during the immediate flight from the crime, or during an attempt to prevent the reporting of the crime, the person causes physical injury or serious mental or emotional injury to the victim; or

b. The victim has not reached that victim’s sixteenth birthday and during the commission of the crime, or during the immediate flight from the crime, or during an attempt to prevent the reporting of the crime, the person causes physical injury or serious mental or emotional injury to the victim.

(3) [Repealed.]

(b) Paragraph (a)(2) of this section does not apply to a licensed medical doctor or nurse who places 1 or more fingers or an object inside a vagina or anus for the purpose of diagnosis or treatment, or to a law-enforcement officer who is engaged in the lawful performance of his or her duties.

(c) Notwithstanding any law to the contrary, in any case in which a violation of subsection (a) of this section has resulted in the birth of a child who is in the custody and care of the victim or the victim’s legal guardian or guardians, the court shall order that the defendant, as a condition of any probation imposed pursuant to a conviction under this section, timely pay any child support ordered by the Family Court for such child.

(d) 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.

Rape in the third degree is a class B felony.

71 Del. Laws, c. 285, §  11;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 271, §§  4-6;  77 Del. Laws, c. 318, §§  7, 8; 

(a) A person is guilty of rape in the second degree when the person:

(1) Intentionally engages in sexual intercourse with another person, and the intercourse occurs without the victim’s consent; or

(2) Intentionally engages in sexual penetration with another person under any of the following circumstances:

a. The sexual penetration occurs without the victim’s consent and during the commission of the crime, or during the immediate flight following the commission of the crime, or during an attempt to prevent the reporting of the crime, the person causes serious physical injury to the victim; or

b. The sexual penetration occurs without the victim’s consent, and was facilitated by or occurred during the course of the commission or attempted commission of:

1. Any felony; or

2. Any of the following misdemeanors: reckless endangering in the second degree; assault in the third degree; terroristic threatening; unlawfully administering drugs; unlawful imprisonment in the second degree; coercion or criminal trespass in the first, second or third degree; or

c. The victim has not yet reached that victim’s sixteenth birthday and during the commission of the crime, or during the immediate flight from the crime, or during an attempt to prevent the reporting of the crime, the person causes serious physical injury to the victim; or

d. The sexual penetration occurs without the victim’s consent and during the commission of the crime, or during the immediate flight from the crime, or during an attempt to prevent the reporting of the crime, the person displays what appears to be a deadly weapon or represents by word or conduct that the person is in possession or control of a deadly weapon or dangerous instrument; or

e. The victim has not yet reached that victim’s sixteenth birthday and during the commission of the crime, or during the immediate flight from the crime, or during an attempt to prevent the reporting of the crime, the person displays what appears to be a deadly weapon or represents by word or conduct that the person is in possession or control of a deadly weapon or dangerous instrument; or

f. The sexual penetration occurs without the victim’s consent, and a principal-accomplice relationship within the meaning set forth in § 271 of this title existed between the defendant and another person or persons with respect to the commission of the crime; or

g. The victim has not yet reached that victim’s twelfth birthday, and the defendant has reached that defendant’s eighteenth birthday.

h. [Repealed.]

(b) 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.

(c) Notwithstanding any provision of this title to the contrary, the minimum sentence for a person convicted of rape in the second degree in violation of this section shall be 10 years at Level V.

Rape in the second degree is a class B felony.

71 Del. Laws, c. 285, §  12;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 93, §  3;  77 Del. Laws, c. 318, §  7; 

(a) A person is guilty of rape in the first degree when the person intentionally engages in sexual intercourse with another person and any of the following circumstances exist:

(1) The sexual intercourse occurs without the victim’s consent and during the commission of the crime, or during the immediate flight following the commission of the crime, or during an attempt to prevent the reporting of the crime, the person causes physical injury or serious mental or emotional injury to the victim; or

(2) The sexual intercourse occurs without the victim’s consent and it was facilitated by or occurred during the course of the commission or attempted commission of:

a. Any felony; or

b. Any of the following misdemeanors: reckless endangering in the second degree; assault in the third degree; terroristic threatening; unlawfully administering drugs; unlawful imprisonment in the second degree; coercion; or criminal trespass in the first, second or third degree; or

(3) In the course of the commission of rape in the second, third or fourth degree, or while in the immediate flight therefrom, the defendant displayed what appeared to be a deadly weapon or represents by word or conduct that the person is in possession or control of a deadly weapon or dangerous instrument; or

(4) The sexual intercourse occurs without the victim’s consent, and a principal-accomplice relationship within the meaning set forth in § 271 of this title existed between the defendant and another person or persons with respect to the commission of the crime; or

(5) The victim has not yet reached that victim’s twelfth birthday, and the defendant has reached that defendant’s eighteenth birthday.

(6) [Repealed.]

(b) Nothing contained 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.

(c) Notwithstanding any law to the contrary, a person convicted of rape in the first degree shall be sentenced to life imprisonment without benefit of probation, parole or any other reduction if:

(1) The victim had not yet reached that victim’s sixteenth birthday at the time of the offense and the person inflicts serious physical injury on the victim; or

(2) The person intentionally causes serious and prolonged disfigurement to the victim permanently, or intentionally destroys, amputates or permanently disables a member or organ of the victim’s body; or

(3) The person is convicted of rape against 3 or more separate victims; or

(4) The person has previously been convicted of unlawful sexual intercourse in the first degree, rape in the second degree or rape in the first degree, or any equivalent offense under the laws of this State, any other state or the United States.

Rape in the first degree is a class A felony.

71 Del. Laws, c. 285, §  13;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 93, §  3;  77 Del. Laws, c. 318, §  7; 

A person is guilty of sexual extortion when the person intentionally compels or induces another person to engage in any sexual act involving contact, penetration or intercourse with the person or another or others, or to produce a visual depiction of the person or another who is nude, or who is engaging in sexual conduct, with the person or another or others by means of instilling in the victim a fear that, if such sexual act or production is not performed, the defendant or another will:

(1) Cause physical injury to anyone;

(2) Cause damage to property;

(3) Engage in other conduct constituting a crime;

(4) Accuse anyone of a crime or cause criminal charges to be instituted against anyone;

(5) Expose a secret or publicize an asserted fact, whether true or false, intending to subject anyone to hatred, contempt or ridicule;

(6) Falsely testify or provide information or withhold testimony or information with respect to another’s legal claim or defense;

(7) Reproduce, distribute, exhibit, publish, transmit, or otherwise disseminate a visual depiction of any person who is nude, or who is engaging in sexual conduct; or

(8) Perform any other act which is calculated to harm another person materially with respect to the other person’s health, safety, business, calling, career, financial condition, reputation or personal relationships.

Sexual extortion is a class E felony.

68 Del. Laws, c. 379, §  1;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 318, §§  2, 6;  83 Del. Laws, c. 406, § 1; 

A person is guilty of bestiality when the person intentionally engages in any sexual act involving sexual contact, penetration or intercourse with the genitalia of an animal or intentionally causes another person to engage in any such sexual act with an animal for purposes of sexual gratification.

Bestiality is a class D felony.

69 Del. Laws, c. 91, §  1;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 318, §  6; 

(a) A person is guilty of continuous sexual abuse of a child when, either residing in the same home with the minor child or having recurring access to the child, the person intentionally engages in 3 or more acts of sexual conduct with a child under the age of 18 years of age over a period of time, not less than 3 months in duration.

(b) Sexual conduct under this section is defined as any of those criminal sexual acts defined under § 768, § 769, § 770, § 771, § 772, § 773, 777A, § 778, § 778A or § 1108 of this title.

(c) To convict under this section, the trier of fact, if a jury, need unanimously agree only that the requisite number of acts occurred, not on which acts constitute the requisite number.

(d) Continuous sexual abuse of a child is a class B felony.

69 Del. Laws, c. 442, §  1;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 392, §  4;  77 Del. Laws, c. 318, §§  3, 4, 6; 

(a) A “dangerous crime against a child” means any criminal sexual conduct against a minor under the age of 14 years as defined in §§ 770-773, § 777A, §§ 778 through 778A, or §§ 1108 through 1112B of this title. For purposes of this section only, and § 762(a) of this title 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 16 years of age.

(b) Except as otherwise provided in this title, a person who is at least 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 sentenced 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.

70 Del. Laws, c. 124, §  1;  71 Del. Laws, c. 467, §  7;  77 Del. Laws, c. 318, §§  5, 6;  80 Del. Laws, c. 175, §  3; 

(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, “sex offender” means as defined in § 4121 of this title.

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

(d) For purposes of this section, “child” means any individual who has not reached that child’s eighteenth birthday. If the underlying sexual offense involves an offense defined by §§ 1108 through 1112B of this title, “child” also means 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 except where the child against whom a sexual offense is committed is a child younger than 12 years of age in which case the crime of sex offender unlawful sexual conduct against a child shall be a class C 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 1 grade higher than the underlying offense except where the child against whom a sexual offense is committed is a child younger than 12 years of age in which case the crime of sex offender unlawful sexual conduct against a child shall be a class B felony;

(3) If the underlying sexual offense is a misdemeanor and the victim is under 18 years of age and has a cognitive disability, the crime of sex offender unlawful sexual conduct against a child shall be a class C felony;

(4) If the underlying sexual offense is a class C, D, E, F, or G felony and the victim is under 18 years of age and has a cognitive disability, the crime of sex offender unlawful sexual conduct against a child shall be a class B felony;

(5) 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.

76 Del. Laws, c. 66, §  2;  77 Del. Laws, c. 149, §§  1, 2;  77 Del. Laws, c. 150, §  4;  77 Del. Laws, c. 318, §  6;  80 Del. Laws, c. 175, §  4;  82 Del. Laws, c. 150, § 1; 

A person is guilty of sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree when the person:

(1) Intentionally engages in sexual intercourse with a child who has not yet reached that child’s own sixteenth birthday and the person 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.

(2) Intentionally engages in sexual penetration with a child who has not yet reached that child’s own sixteenth birthday and the person 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.

(3) Intentionally engages in sexual intercourse or sexual penetration with a child who has reached that child’s own sixteenth birthday but has not yet reached that child’s own eighteenth birthday when the person is at least 4 years older than the child and the person 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.

(4) Intentionally engages in sexual intercourse or sexual penetration with a child and the victim has reached that child’s own sixteenth birthday but has not yet reached that child’s own eighteenth birthday and the person 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.

(5) Engages in an act of sexual extortion, as defined in § 774 of this title, against a child who has not yet reached that child’s own sixteenth birthday and the person 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.

(6) a. 1. Sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree as set forth in paragraph (1) of this section is a class A felony.

2. Notwithstanding any law to the contrary, a person convicted of sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree as set forth in this paragraph (6) shall be sentenced to life imprisonment without benefit of probation, parole or any other reduction if:

A. At the time of the offense the person inflicts serious physical injury on the victim; or

B. The person intentionally causes serious and prolonged disfigurement to the victim permanently, or intentionally destroys, amputates or permanently disables a member or organ of the victim’s body; or

C. The person is convicted of sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree as set forth in this paragraph (6) against 3 or more separate victims; or

D. The person has previously been convicted of sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree, unlawful sexual intercourse in the first degree, rape in the second degree or rape in the first degree, or any equivalent offense under the laws of this State, any other state or the United States.

b. Sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree as set forth in paragraph (2) of this section is a class B felony. Notwithstanding any provision of this title to the contrary, the minimum sentence for a person convicted of sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree as set forth in paragraph (2) of this section shall be 10 years at Level V.

c. Sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree as set forth in paragraph (3) of this section is a class B felony.

d. Sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree as set forth in paragraph (4) of this section is a class C felony.

e. Sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree as set forth in paragraph (5) of this section is a class D felony.

(7) Nothing contained 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.

77 Del. Laws, c. 318, §  6;  70 Del. Laws, c. 186, §  1; 

(a) A person is guilty of sexual abuse of a child by a person in a position of trust, authority, or supervision in the second degree when the person:

(1) Intentionally has sexual contact with a child who has not yet reached that child’s sixteenth birthday or causes the child to have sexual contact with the person or a third person and the person 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.

(2) a. Is a male who intentionally exposes his genitals or buttocks to a child who has not yet reached that child’s sixteenth birthday under circumstances in which he knows his conduct is likely to cause annoyance, affront, offense, or alarm when the person is at least 4 years older than the child and he 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. Is a female who intentionally exposes her genitals, breast or buttocks to a child who has not yet reached that child’s sixteenth birthday under circumstances in which she knows her conduct is likely to cause annoyance, affront, offense, or alarm when the person is at least 4 years older than the child and she 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.

(3) Suggests, solicits, requests, commands, importunes, or otherwise attempts to induce a child who has not yet reached that child’s sixteenth birthday to have sexual contact or sexual intercourse or unlawful sexual penetration with the person or a third person, knowing that the person is thereby likely to cause annoyance, affront, offense, or alarm to the child or another when the person is at least 4 years older than the child and the person 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) (1) Sexual abuse of a child by a person in a position of trust, authority, or supervision in the second degree as set forth in paragraph (a)(1) of this section is a class D felony.

(2) Sexual abuse of a child by a person in a position of trust, authority, or supervision in the second degree as set forth in paragraph (a)(2) of this section is a class F felony.

(3) Sexual abuse of a child by a person in a position of trust, authority, or supervision in the second degree as set forth in paragraph (a)(3) of this section is a class G felony.

(c) Nothing contained 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.

77 Del. Laws, c. 318, §  6;  70 Del. Laws, c. 186, §  1;  83 Del. Laws, c. 283, § 9; 

Transferred to §§ 777 and 777A of this title by 77 Del. Laws, c. 318, § 6, effective June 30, 2010.

(a) A person is guilty of female genital mutilation when:

(1) A person knowingly circumcises, excises or infibulates the whole or any part of the labia majora, labia minora or clitoris of a female minor; or

(2) A parent, guardian or other person legally responsible or charged with the care or custody of a female minor allows the circumcision, excision or infibulation, in whole or in part, of such minor’s labia majora, labia minora or clitoris.

(b) Female genital mutilation is a class E felony.

(c) It is not a defense to a violation that the conduct described in subsection (a) of this section above is required as a matter of custom, ritual or standard practice, or that the minor on whom it is performed or the minor’s parent or legal guardian consented to the procedure.

(d) A surgical procedure is not a violation of this section if the procedure is:

(1) Necessary to the health of the minor on whom it is performed and is performed by a licensed physician under § 1720 of Title 24 or a physician-in-training under the supervision of a licensed physician; or

(2) Performed on a minor who is in labor or who has just given birth and is performed for medical purposes connected with that labor or birth by a licensed physician under § 1720 of Title 24 or a physician-in-training under the supervision of a licensed physician, or a licensed midwife under § 3336 of Title 18.

70 Del. Laws, c. 438, §  1;  70 Del. Laws, c. 186, §  1; 

(a) It is unlawful for a law-enforcement officer, an employee working at a detention facility, a contractor or employee of a contractor working at a detention facility, or a volunteer working at a detention facility to engage in sexual intercourse or sexual penetration with a person who is in custody, as defined in § 1258 of this title.

(b) Subsection (a) of this section does not apply to a licensed medical doctor or nurse when the penetration occurs for the purpose of diagnosis or treatment or to a law-enforcement officer who is lawfully performing job duties.

(c) Consent of the person in custody is not a defense to an act in violation of subsection (a) of this section.

(d) A violation of subsection (a) of this section is a class F felony.

81 Del. Laws, c. 389, § 1; 

(a) It is unlawful for a law-enforcement officer, an employee working at a detention facility, a contractor or employee of a contractor working at a detention facility, or a volunteer working at a detention facility to intentionally have sexual contact with a person in custody, as defined in § 1258 of this title.

(b) Subsection (a) of this section does not apply to a licensed medical doctor or nurse when the contact occurs for the purpose of diagnosis or treatment or to a law-enforcement officer who is lawfully performing job duties.

(c) Consent of the person in custody is not a defense to an act in violation of subsection (a) of this section.

(d) A violation of subsection (a) of this section is a class G felony.

81 Del. Laws, c. 389, § 1; 

A person is guilty of unlawful imprisonment in the second degree when the person knowingly and unlawfully restrains another person.

Unlawful imprisonment in the second degree is a class A misdemeanor.

11 Del. C. 1953, §  781;  58 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1; 

A person is guilty of unlawful imprisonment in the first degree when the person knowingly and unlawfully restrains another person under circumstances which expose that person to the risk of serious physical injury.

Unlawful imprisonment in the first degree is a class G felony.

11 Del. C. 1953, §  782;  58 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1; 

A person is guilty of kidnapping in the second degree when the person unlawfully restrains another person with any of the following purposes:

(1) To hold the victim for ransom or reward; or

(2) To use the victim as a shield or hostage; or

(3) To facilitate the commission of any felony or flight thereafter; or

(4) To inflict physical injury upon the victim, or to violate or abuse the victim sexually; or

(5) To terrorize the victim or a third person; or

(6) To take or entice any child less than 18 years of age from the custody of the child’s parent, guardian or lawful custodian;

and the actor voluntarily releases the victim alive, unharmed and in a safe place prior to trial.

Kidnapping in the second degree is a class C felony.

11 Del. C. 1953, §  783;  58 Del. Laws, c. 497, §  1;  59 Del. Laws, c. 547, §  5;  66 Del. Laws, c. 398, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 148, §  35; 

A person is guilty of kidnapping in the first degree when the person unlawfully restrains another person with any of the following purposes:

(1) To hold the victim for ransom or reward; or

(2) To use the victim as a shield or hostage; or

(3) To facilitate the commission of any felony or flight thereafter; or

(4) To inflict physical injury upon the victim, or to violate or abuse the victim sexually; or

(5) To terrorize the victim or a third person; or

(6) To take or entice any child less than 18 years of age from the custody of the child’s parent, guardian or lawful custodian;

and the actor does not voluntarily release the victim alive, unharmed and in a safe place prior to trial.

Kidnapping in the first degree is a class B felony.

59 Del. Laws, c. 547, §  5;  66 Del. Laws, c. 398, §  2;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 148, §  36; 

In any prosecution for unlawful imprisonment or kidnapping it is an affirmative defense that the accused was a relative of the victim, and the accused’s sole purpose was to assume custody of the victim. In that case, the liability of the accused, if any, is governed by § 785 of this title, and the accused may be convicted under § 785 when indicted for unlawful imprisonment or kidnapping.

11 Del. C. 1953, §  784;  58 Del. Laws, c. 497, §  1;  70 Del. Laws, c. 186, §  1; 

A person is guilty of interference with custody when:

(1) Being a relative of a child less than 16 years old, intending to hold the child permanently or for a prolonged period and knowing that the person has no legal right to do so, the person takes or entices the child from the child’s lawful custodian; or

(2) Knowing that the person has no legal right to do so, the person takes or entices from lawful custody any incompetent person or other person entrusted by authority of law to the custody of another person or an institution.

Interference with custody is a class A misdemeanor except that if the person who interferes with the custody of a child thereafter causes the removal of said child from Delaware, it is a class G felony.

11 Del. C. 1953, §  785;  58 Del. Laws, c. 497, §  1;  63 Del. Laws, c. 268, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1; 

(a) “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.

(b) “Relative” means a parent, ancestor, brother, sister, uncle or aunt.

(c) “Restrain” means to restrict another person’s movements intentionally in such a manner as to interfere substantially with the person’s liberty by moving the person from 1 place to another, or by confining the person either in the place where the restriction commences or in a place to which the person has been moved, without consent. A person is moved or confined “without consent” when the movement or confinement is accomplished by physical force, intimidation or deception, or by any means, including acquiescence of the victim, if the victim is a child less than 16 years old or an incompetent person and the parent, guardian or other person or institution having lawful control or custody of the person has not acquiesced in the movement or confinement.

11 Del. C. 1953, §  786;  58 Del. Laws, c. 497, §  1;  66 Del. Laws, c. 269, §  2;  70 Del. Laws, c. 186, §  1; 

(a) For the purposes of this section:

(1) “Adult” has the meaning ascribed in § 302 of Title 1;

(2) “Adult entertainment establishment” means as defined in § 1602 of Title 24.

(3) “Along a major highway” means abutting Interstate 95, Interstate 295, Interstate 495, Route 1, Route 9, Route 13, Route 40, Route 113, Route 141, or Route 202.

(4) “Bar” means “cabaret,” “taproom,” or “tavern,” as defined in § 101 of Title 4.

(5) “Casino” means “video lottery agent,” as defined in § 4803 of Title 29.

(6) “Coercion” means:

a. The use or threat of force against, abduction of, serious harm to, or physical restraint of an individual;

b. The use of a plan, pattern, or statement with intent to cause an individual to believe that failure to perform an act will result in the use of force against, abduction of, serious harm to, or physical restraint of an individual;

c. The abuse or threatened abuse of law or legal process;

d. Controlling or threatening to control an individual’s access to a controlled substance enumerated in § 4714, § 4716, § 4718, § 4720 or § 4722 of Title 16;

e. The destruction of, taking of, or the threat to destroy or take an individual’s identification document or other property;

f. Use of debt bondage;

g. The use of an individual’s physical, cognitive disability or mental impairment, where such impairment has substantial adverse effects on the individual’s cognitive or volitional functions; or

h. The commission of civil or criminal fraud;

(7) “Commercial sexual activity” means any sexual activity for which anything of value is given, promised to, or received by any person;

(8) “Debt bondage” means inducing an individual to provide:

a. Commercial sexual activity in payment toward or satisfaction of a real or purported debt; or

b. Labor or services in payment toward or satisfaction of a real or purported debt if:

1. The reasonable value of the labor or services is not applied toward the liquidation of the debt; or

2. The length of the labor or services is not limited and the nature of the labor or services is not defined;

(9) “Department” as used in subsection (l) of this section, means the Department of Labor, unless a different Department is specified by name.

(10) “Establishment” means an individual, partnership, limited liability company, corporation, firm, trust, association, society, or other entity engaged in a business, industry, profession, trade, or other enterprise, including a nonprofit entity, with a physical premises open to employees or the public in the State of Delaware.

(11) “Forced labor or services” means labor, as defined in this section, or services, as defined in this section, that are performed or provided by another person and are obtained or maintained through coercion as enumerated in paragraph (b)(1) of this section;

(12) “Hotel” means “hotel,” “motel,” or “tourist home,” as defined in § 2301 of Title 30.

(13) “Human trafficking” means the commission of any of the offenses created in subsection (b) of this section;

(14) “Identification document” means a passport, driver’s license, immigration document, travel document, or other government-issued identification document, including a document issued by a foreign government, whether actual or purported;

(15) “Labor or services” means activity having economic or financial value, including commercial sexual activity. Nothing in this definition should be construed to legitimize or legalize prostitution;

(16) “Maintain” means in relation to labor or services, to secure continued performance thereof, regardless of any initial agreement on the part of the victim to perform such type of service;

(17) “Massage establishment” means as defined in § 5302 of Title 24.

(18) “Minor” has the meaning ascribed in § 302 of Title 1;

(19) “Obtain” means in relation to labor or services, to secure performance thereof;

(20) “Public awareness sign” as used in subsection (l) of this section, means the sign created under paragraph (k)(3)e. of this section or a sign created by an establishment that meets all of the following requirements:

a. Is at least 8 inches wide by 11 inches long.

b. Contains at least all of the information required to be in a sign under paragraph (k)(3)e. of this section.

c. Meets any other requirements established by regulation.

(21) “Residential child care facility” means as defined in the Office of Child Care Licensing regulations promulgated under Chapter 30A of Title 14.

(22) “Restaurant with a liquor license” means a “restaurant,” as defined in § 101 of Title 4, with a “license,” as defined in § 101 of Title 4.

(23) “Serious harm” means harm, whether physical or nonphysical, including psychological, economic, or reputational, to an individual which would compel a reasonable individual of the same background and in the same circumstances to perform or continue to perform labor or services or sexual activity to avoid incurring the harm;

(24) “Sexual activity” means any of the sex-related acts enumerated in § 761 of this title, or in § 1342, § 1351, § 1352(1), § 1353(1), § 1354 or § 1355 of this title or sexually-explicit performances;

(25) “Sexually explicit performance” means a live public act or show, production of pornography, or the digital transfer of any of such, intended to arouse or satisfy the sexual desires or appeal to the prurient interest of viewers;

(26) “Shopping mall” means an enclosed indoor retail complex containing a variety of shops and restaurants, whether contained in a series of connected or adjacent buildings or in a single large building, and usually anchored by department stores.

(27) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band recognized by federal law or formally acknowledged by state; and

(28) “Victim” means a person who is subjected to the practices set forth in subsection (b) of this section or to conduct that would have constituted a violation of subsection (b) of this section had 79 Del. Laws, c. 276 been in effect when the conduct occurred, regardless of whether a perpetrator is identified, apprehended, prosecuted or convicted.

(29) “Wellness center” means an urgent care clinic, walk-in health clinic, “school-based health center,” as defined in § 3571G of Title 18, substance abuse treatment clinic, psychiatric treatment facility, family planning clinic, or community health clinic.

(b) Prohibited activities. — (1) Trafficking an individual. — A person is guilty of trafficking an individual if the person knowingly recruits, transports, harbors, receives, provides, obtains, isolates, maintains, advertises, solicits, or entices an individual in furtherance of forced labor in violation of paragraph (b)(2) of this section or sexual servitude in violation of paragraph (b)(3) of this section. Trafficking an individual is a class C felony unless the individual is a minor, in which case it is a class B felony.

(2) Forced labor. — A person is guilty of forced labor if the person knowingly uses coercion to compel an individual to provide labor or services, except where such conduct is permissible under federal law or law of this State other than 79 Del. Laws, c. 276. Forced labor is a class C felony unless the individual is a minor, in which case it is a class B felony.

(3) Sexual servitude. — a. A person commits the offense of sexual servitude if the person knowingly:

1. Maintains or makes available a minor for the purpose of engaging the minor in commercial sexual activity; or

2. Uses coercion or deception to compel an adult to engage in commercial sexual activity.

b. Sexual servitude is a class C felony unless the individual is a minor, in which case it is a class B felony.

c. It is not a defense in a prosecution under paragraph (b)(3)a.1. of this section that the minor consented to engage in commercial sexual activity or that the defendant believed the minor was an adult.

(4) Patronizing a victim of sexual servitude. — A person is guilty of patronizing a victim of sexual servitude if the person knowingly gives, agrees to give, or offers to give anything of value so that the person may engage in commercial sexual activity with another person and the person knows that the other person is a victim of sexual servitude. Patronizing a victim of sexual servitude is a class D felony unless the victim of sexual servitude is a minor, in which case it is a class C felony. It is not a defense in a prosecution when the victim of sexual servitude is a minor that the minor consented to engage in commercial sexual activity or that the defendant believed the minor was an adult.

(5) Trafficking of persons for use of body parts. — A person is guilty of trafficking of persons for use of body parts when a person knowingly:

a. Recruits, entices, harbors, provides or obtains by any means, another person, intending or knowing that the person will have body parts removed for sale; or

b. Benefits, financially or by receiving anything of value, from participation in a venture which has engaged in an act described in violation of this section. Such person shall be guilty of a class A felony. Nothing contained herein shall be construed as prohibiting the donation of an organ by an individual at a licensed medical facility after giving an informed voluntary consent.

(6) Aggravating circumstance. — An aggravating circumstance during the commission of an offense under paragraphs (b)(1)-(3) of this section occurs when:

a. The person recruited, enticed, or obtained the victim from a shelter designed to serve victims of human trafficking, victims of domestic violence, victims of sexual assault, runaway youth, foster children, or the homeless; or

b. The person used or threatened use of force against, abduction of, serious harm to, or physical restraint of the victim.

If an aggravating circumstance occurred, the classification of the offense under paragraphs (b)(1)-(3) of this section is elevated by 1 felony grade higher than the underlying offense.

(c) Organizational liability. — (1) An organization may be prosecuted for an offense under this section pursuant to § 281 of this title (Criminal liability of organizations).

(2) The court may consider the severity of an organization’s offense under this section and order penalties in addition to those otherwise provided for the offense, including:

a. A fine of not more than $25,000 per offense;

b. Disgorgement of profit from illegal activity in violation of this section; and

c. Debarment from state and local government contracts.

(d) Restitution is mandatory under this section. — (1) In addition to any other amount of loss identified, the court shall order restitution, including the greater of:

a. The gross income or value to the defendant of the victim’s labor or services; or

b. The value of the victim’s labor as guaranteed under the minimum wage and overtime provisions of the Fair Labor Standards Act (FLSA) (29 U.S.C. § 201 et seq.) or of Title 19, whichever is greater.

(2) The court shall order restitution under this subsection (d) even if the victim is unavailable to accept payment of restitution.

(3) If the victim is unavailable for 5 years from the date of the restitution order, the restitution ordered under this subsection (d) must be paid to the Victim Compensation Fund established under § 9016 of this title.

(e) Forfeiture. — (1) On motion, the court shall order a person convicted of an offense under paragraphs (b)(1)-(3) of this section to forfeit any interest in real or personal property that was used or intended to be used to commit or facilitate the commission of the offense or that constitutes or derives from proceeds that the person obtained, directly or indirectly, as a result of the offense.

(2) In any proceeding against real or personal property under this section, the owner may assert a defense, and has the burden of establishing, by a preponderance of the evidence, that the forfeiture is manifestly disproportional to the seriousness of the offense.

(3) Proceeds from the public sale or auction of property forfeited under this subsection must be distributed in the manner otherwise provided for the distribution of proceeds of judicial sales.

(f) Admissibility of certain evidence. — In a prosecution or civil action for damages under this section, evidence of a specific instance of the alleged victim’s past sexual behavior, or reputation or opinion evidence of past sexual behavior of the alleged victim, is not admissible unless the evidence is:

(1) Admitted in accordance with §§ 3508 and 3509 of this title; or

(2) Offered by the prosecution in a criminal case to prove a pattern of trafficking by the defendant.

(g) Special provisions regarding a minor. — (1) A minor who has engaged in commercial sexual activity is presumed to be a neglected or abused child under § 901 et seq. of Title 10. Whenever a police officer has probable cause to believe that a minor has engaged in commercial sexual activity, the police officer shall make an immediate report to the Department of Services for Children, Youth and Their Families pursuant to § 901 et seq. of Title 16.

(2) A party to a juvenile delinquency proceeding in which a minor is charged with prostitution or loitering, or an attorney guardian ad litem or court-appointed special advocate appointed in a proceeding under § 901 et seq. of Title 10, may file a motion on behalf of a minor in a juvenile delinquency proceeding seeking to stay the juvenile delinquency proceedings. Such motion may be opposed by the Attorney General. The Family Court may consider such a motion and, in its discretion, may stay the juvenile delinquency proceeding indefinitely. Upon such motion, the Department of Services for Children, Youth and Their Families and/or the Family Court may identify and order available specialized services for the minor that, in the opinion of the Department of Services for Children, Youth and Their Families or Family Court, are best suited to the needs of the juvenile. So long as the minor substantially complies with the requirement of services identified by the Department of Services for Children, Youth and Their Families and/or ordered by the Family Court, the Attorney General shall, upon motion, nolle prosequi the stayed charges no earlier than 1 year after the stay was imposed. Upon motion of the Attorney General that the minor has not substantially complied with the requirement of services identified by the Department of Services for Children, Youth and Their Families and/or ordered by the Family Court, the Family Court shall lift the stay for further proceedings in accordance with the regular course of such proceedings.

(h) Defense to charge of prostitution or loitering. — An individual charged with prostitution or loitering committed as a direct result of being a victim of human trafficking may assert as an affirmative defense that the individual is a victim of human trafficking.

(i) Civil action. — (1) A victim may bring a civil action against a person that commits an offense under subsection (b) of this section for compensatory damages, punitive damages, injunctive relief, and any other appropriate relief.

(2) In an action under this subsection, the court shall award a prevailing victim reasonable attorneys’ fees and costs, including reasonable fees for expert witnesses.

(3) An action under this subsection must be commenced not later than 5 years after the later of the date on which the victim:

a. Was freed from the human trafficking situation; or

b. Attained 18 years of age.

(4) Damages awarded to the victim under this subsection for an item must be offset by any restitution paid to the victim pursuant to subsection (d) of this section for the same item.

(5) This subsection does not preclude any other remedy available to the victim under federal law or law of this State other than this section.

(j) Application for pardon and petition to expunge; motion to vacate adjudication of delinquency or conviction and expungement record. — (1) Notwithstanding any provision of Chapter 43 of this title or any other law to the contrary, a person arrested or convicted of any crime, except those deemed to be violent felonies pursuant to § 4201 of this title committed as a direct result of being a victim of human trafficking may file an application for a pardon pursuant to article VII of the Delaware Constitution and § 4361 et seq. of this title and may file a petition requesting expungement of such criminal record pursuant to § 4371 et seq. of this title.

(2) A person convicted or adjudicated delinquent of any crime, except those deemed to be violent felonies pursuant to § 4201 of this title, committed as a direct result of being a victim of human trafficking may file a motion in the court in which the adjudication of delinquency or conviction was obtained to vacate the adjudication or judgment of conviction. A motion filed under this paragraph must:

a. Be in writing;

b. Be sent to the Delaware Department of Justice;

c. [Repealed.]

d. Describe the evidence and provide copies of any official documents showing that the person is entitled to relief under this paragraph.

If the motion satisfies the foregoing requirements, the court shall hold a hearing on a motion, provided that the court may dismiss a motion without a hearing if the court finds that the motion fails to assert grounds on which relief may be granted. Official documentation of the person’s status as a victim of this section, “trafficking in persons”, or “a severe form of trafficking” from a federal, state, or local government agency shall create a presumption that the person’s participation in any crime, except those deemed to be violent felonies pursuant to § 4201 of this title, committed was a direct result of having been a victim of human trafficking but shall not be required for the court to grant a petition under this paragraph. If the petitioner can show to the satisfaction of the court that such petitioner is entitled to relief in a proceeding under this paragraph, the court shall grant the motion and, pursuant to this paragraph, enter an order vacating the adjudication of delinquency or judgment of conviction and dismissing the accusatory pleading, and may take such additional action as is appropriate in the circumstances or as justice requires.

(3) Notwithstanding any provisions of Chapter 43 of this title, Chapter 9 of Title 10, or any other law to the contrary, any person filing a motion under paragraph (j)(2) of this section in Superior Court or Family Court may also seek in that motion expungement of the criminal or juvenile record related to such conviction. If the court grants the motion to vacate the adjudication of delinquency or conviction under paragraph (j)(2) of this section and the movant also requested expungement, the court’s order shall require expungement of the police and court records relating to the charge and conviction or adjudication of delinquency. This order must contain a statement that the expungement is ordered under this paragraph (j)(3) and, notwithstanding any limitations to the contrary, that the provisions of §§ 4372(e), 4376, and 4377 of this title and § 1019 of Title 10 apply to the order.

(4) Notwithstanding any provision of Chapter 43 of this title or any other law to the contrary, upon granting the motion, the Court of Common Pleas shall provide Superior Court with the certified order granting the motion to vacate. Upon finding that the Court of Common Pleas entered an order under paragraph (j)(2) of this section, the Superior Court shall enter an order requiring expungement of the police and court records relating to the charge and conviction. This order must contain a statement that the expungement is ordered under this paragraph (j)(4) and, notwithstanding any limitations to the contrary, that the provisions of § § 4372(e), 4376, and 4377 of this title apply to the order.

(k) (1) The Human Trafficking Interagency Coordinating Council is renamed as the Delaware Anti-Trafficking Action Council (Council). The Council shall administer and implement this subsection, and perform such other responsibilities as may be entrusted to it by law.

(2) The Council consists of the following 24 members:

a. Three representatives of the Judicial Branch, as appointed by the Chief Justice;

b. A representative of the Department of Justice to be appointed by the Attorney General;

c. A representative of the Office of Defense Services to be appointed by the Chief Defender;

d. A representative of the law-enforcement community to be appointed by the Speaker of the Delaware House of Representatives;

e. A representative of the heath-care community to be appointed by the President Pro Tempore of the Delaware State Senate;

f. A representative of the Department of Health and Social Services to be appointed by the Secretary of the Department of Health and Social Services;

g. A representative of the Department of Labor to be appointed by the Secretary of Labor;

h. A representative of the Department of Services for the Children, Youth and Their Families to be appointed by the Secretary of the Department of Services for the Children, Youth and Their Families;

i. Four members who are advocates or persons who work with victims of human trafficking to be appointed by the Governor for a 3 year term and shall be eligible for reappointment. Members shall include representation from all 3 counties of the State.

j. [Repealed.]

k. A representative of the Delaware Department of Education to be appointed by the Secretary of the Department of Education.

l. A representative of the Division of Professional Regulation to be appointed by the Director of the Division of Professional Regulation.

m. Two members of the House of Representatives to be appointed by the Speaker of the House, 1 of which must be a member of the minority caucus.

n. Two members of the Senate to be appointed by the President Pro Tempore of the Senate, 1 of which must be a member of the minority caucus.

o. A representative of the Department of Transportation to be appointed by the Secretary of the Department of Transportation.

p. A representative from the Criminal Justice Council to be appointed by the Executive Director of the Criminal Justice Council.

q. A person who has been a victim of human trafficking to be appointed by the Governor for a 3 year term and shall be eligible for reappointment.

r. A resident of any county who has prior experience in working with victims of human trafficking in a legal or advocacy capacity to be appointed by the Chair of the Council with approval of a quorum of all members of the Council.

(3) The Council shall do all of the following:

a. Develop a comprehensive plan to provide victims of human trafficking with services.

b. Effectuate coordination between agencies, departments, and the courts with victims of human trafficking.

c. Collect and evaluate data on human trafficking in this State.

d. Promote public awareness about human trafficking, victim remedies and services, and trafficking prevention.

e. Create a public-awareness sign that contains centralized human trafficking hotline information.

f. Coordinate training on human trafficking prevention and victim services for individuals who may have recurring contact with victims or perpetrators, including government employees, health-care workers, business owners, potential victims of human trafficking, and private sector employees.

g. Pursue funding opportunities, including federal grants, through the Criminal Justice Council.

h. Conduct other appropriate activities.

(4) Meetings; quorum; officers; committees; procedure.

a. The Council shall meet at least 4 times per year. Thirteen members constitute a quorum.

b. A Chair and Vice Chair must be elected annually from among the members of the Council.

c. The Chair shall convene and preside over meetings of the Council and prepare an agenda for meetings.

d. The Vice Chair shall act as Chair in the absence of the Chair.

e. The Council shall establish committees composed of Council members and other knowledgeable individuals, as it deems advisable, to assist in planning, policy, goal and priority recommendations, and developing implementation plans to carry out the statutory duties of the Council.

f. 1. The Council shall submit an annual written report of its activities and recommendations to the Governor, General Assembly, the Chief Justice of the Supreme Court, and the Executive Director of the Criminal Justice Council on or before September 15.

2. For purposes of submitting the report to the General Assembly, the Council shall submit the report to the Secretary of the Senate, Chief Clerk of the House, the Chair of the Joint Finance Committee, and the Vice Chair of the Joint Finance Committee, who shall distribute the report to the General Assembly and the Joint Finance Committee.

3. The Council shall include in the annual report that it submits under paragraph (k)(4)f.1. of this section how the Council spent any state funds received for the previous fiscal year.

4. At each full council meeting, the Council shall provide a report to meeting attendees on how it has, since the previous full council meeting, spent any state funding received.

(5) a. The Council shall employ an Executive Director to be appointed by the Chair with approval of a quorum of the Council. The Executive Director will serve at the pleasure of a quorum of the Council.

b. The Executive Director of the Council shall support the Council in carrying out its duties under this subsection.

c. Subject to the approval of a quorum of the Council and within the limits of any appropriation made by the General Assembly or available funding from another funding source, the Executive Director of the Council shall employ staff and contract for services as necessary to carry out the functions of the Council.

d. The Executive Director of the Council shall report to the Council. For matters involving anything that may affect the Criminal Justice Council’s budget, the Executive Director of the Council shall also report to the Executive Director of the Criminal Justice Council. The Executive Director of the Criminal Justice Council has final approval over matters involving anything that may affect the Criminal Justice Council’s budget.

(l) Display of public awareness sign; civil penalty for failure to display. —

(1) a. Display of a public awareness sign in State of Delaware facilities. —

The Department of Transportation shall display a public awareness sign in every State-of-Delaware-operated transportation station, rest area, and welcome center which is open to the public.

b. The Department of Health and Social Services shall display a public awareness sign in every State of Delaware service center and wellness center that is operated by the Department of Health and Social Services.

c. The Department of Services for Children, Youth and Their Families shall display a public awareness sign in every residential child care facility that is operated by the Department of Services for Children, Youth and Their Families.

(2) a. A public awareness sign must be displayed in an establishment within a category designated by the Delaware Anti-Trafficking Action Council (Council) and within all of the following categories:

1. Adult entertainment establishment.

2. Entity found to be maintaining a criminal nuisance involving prostitution under § 7104 of Title 10.

3. Job recruitment center.

4. Hospital.

5. [Repealed.]

6. Wellness center other than those covered in paragraph (l)(1)b. of this section.

7. Shelter or residential service designed to serve victims of domestic violence or sexual assault, or individuals experiencing homelessness or food insecurity.

8. Residential child care facility other than those covered in paragraph (l)(1)c. of this section.

9. Independent and transitional living service provider for youth aging out of foster care.

10. Hotel.

11. Convenience store along a major highway.

12. Gas station along a major highway.

13. Casino.

14. Restaurant with a liquor license.

15. Poultry processing plant.

16. Bus or train station other than those covered in paragraph (l)(1)a. of this section.

17. Bar.

18. Massage establishment.

19. Shopping mall.

b. 1. The Council may promulgate regulations to designate a category of establishments that must display a public awareness sign in addition to those categories identified in paragraph (l)(2)a. of this section.

2. The Council may promulgate regulations to designate a specific location on the premises for a category of establishments where a public awareness sign must be displayed. If the Council designates a specific location, the Council shall include the specific location requirement within the list under paragraph (l)(2)d. of this section.

c. The Council may promulgate regulations to change the requirements as to what constitutes a public awareness sign so long as the regulations are consistent with paragraph (k)(3)e. of this section and subsection (a) of this section. If the Council promulgates regulations under this paragraph (l)(2)c., the Executive Director of the Council, or their designee, shall inform the Director of the Department’s Division of Industrial Affairs, Office of Labor Law Enforcement of the changes.

d. The Council shall publish a list of categories of establishments that must display a public awareness sign on an annual basis for notification and outreach purposes. The publication must occur in all of the following:

1. A newspaper with statewide circulation.

2. The Register of Regulations.

3. Department website.

e. 1. Except as otherwise provided in (l)(2)e.2. through (l)(2)e.8. of this section, an establishment shall display a public awareness sign in a place that is clearly conspicuous and visible to employees and the public. To comply with the requirement that a public awareness sign be clearly conspicuous and visible to employees and the public, an establishment may need to display a public awareness sign at more than 1 location on its premises.

2. An establishment with a location on its premises designated by the Council through promulgation of regulations under paragraph (l)(2)b.2. of this section shall comply with the specific location requirement. If the establishment does not have that specific location on its premises, then the establishment shall display the public awareness sign as described in paragraph (l)(2)e.1. of this section unless the regulations state otherwise.

3. An establishment that is a hotel may not be required to display a public awareness sign in guest bedrooms. However, a public awareness sign must be displayed in a manner that is clearly conspicuous and visible in all public restrooms, all staff breakrooms, and at least 1 of the following publicly accessible locations that is present on the premises:

A. All lobbies.

B. All elevators.

C. All stairwells.

D. All vending machine or ice machine areas.

4. An establishment that is a restaurant with a liquor license must display a public awareness sign in a manner that is clearly conspicuous and visible in all staff breakrooms, or if no staff breakrooms, where clearly conspicuous and visible to employees.

5. An establishment that is a poultry processing plant must display a public awareness sign in a manner that is clearly conspicuous and visible in all staff breakrooms, or if no staff breakrooms, where clearly conspicuous and visible to employees.

6. An establishment that is a casino must display a public awareness sign in a manner that is clearly conspicuous and visible in all public restrooms, all staff breakrooms, and all lobbies.

7. An establishment that is a massage establishment must display a public awareness sign in a manner that is clearly conspicuous and visible in all staff breakrooms, or if no staff breakrooms, where clearly conspicuous and visible to employees.

8. An establishment that is a shopping mall must display a public awareness sign in a manner that is clearly conspicuous and visible in all food courts and all public restrooms provided by the management of the shopping mall.

f. The Executive Director of the Council, or their designee, shall oversee the distribution of public awareness signs to State of Delaware facilities and establishments. The public awareness signs must be provided free of cost to all State of Delaware facilities and establishments that request them.

(3) The Department may enforce the public awareness sign requirements in paragraphs (l)(2)a. and (l)(2)e. of this section, as well as determine whether a sign not distributed by the Council satisfies the definition of “public awareness sign” under subsection (a) of this section, using the rules and procedures of the Administrative Procedures Act, Chapter 101 of Title 29.

(4) a. The Department may conduct an inspection of an establishment following receipt of a complaint alleging that the establishment is noncompliant with public awareness sign requirements. If the Department conducts an inspection and confirms that the establishment has failed to comply with 1 or more public awareness sign requirements, the Department shall provide the establishment with public awareness signs, if needed, and written notice of all the following:

1. What noncompliance has occurred, including a citation to the specific law or regulation with which the establishment has not complied.

2. The date the Department inspected and determined there was noncompliance.

3. The possible civil penalties for noncompliance.

4. A prominently displayed statement that this notice serves as a warning.

b. If, within 3 years from the postmark date or date of hand delivery of the warning notice under paragraph (l)(4)a. of this section, the Department determines the establishment is exhibiting the same, or a substantially similar, noncompliance that was identified in the warning notice under paragraph (l)(4)a. of this section, then the Department shall assess a civil penalty against the noncompliant establishment. The Department shall provide the noncompliant establishment with public awareness signs, if needed, and written notice of all the following:

1. What noncompliance has occurred, including a citation to the specific law or regulation with which the establishment has not complied.

2. The dates the Department inspected and determined there was noncompliance.

3. The postmark or hand delivery date of the warning notice under paragraph (l)(4)a. of this section.

4. Whether this is a first or subsequent violation.

5. The civil penalty assessed.

6. That the owner of the establishment may file an appeal, including instructions on how to request a hearing.

c. 1. A request for a hearing must be made in writing, addressed to the Secretary of the Department (Secretary), and made within 10 business days from the postmark date or the date of hand delivery of the notice under paragraph (l)(4)b. of this section.

2. If a hearing is not requested under paragraph (l)(4)c.1. of this section, the determination made by the Department under paragraph (l)(4)b. of this section is final.

3. The Department shall review a request for a hearing under paragraph (l)(4)c.1. of this section to determine if the dispute can be resolved at an informal settlement conference. If the Department determines a dispute cannot be resolved at an informal settlement conference or if the Department holds an informal settlement conference and a settlement is not reached, the Department shall forward the hearing request to the Secretary to schedule a hearing.

4. The Secretary shall issue a final case decision at the conclusion of a hearing held under paragraph (l)(4)c. of this section as required under Chapter 101 of Title 29.

5. An establishment owner may seek judicial review of the Secretary’s final case decision by commencing an action in Superior Court within 30 days of the date of the final decision under paragraph (l)(4)c.4. of this section.

d. The notices required under paragraphs (l)(4)a. and (l)(4)b. of this section may be hand delivered or mailed to the noncomplying establishment.

e. The notice under paragraph (l)(4)a. of this section is not a case decision for purposes of the Administrative Procedures Act, Chapter 101 of Title 29.

f. All civil penalties collected under this subsection must be paid to the State of Delaware General Fund.

g. If the Council becomes aware of potential noncompliance with the public awareness sign requirements, the Executive Director of the Council, or their designee, shall report the potential noncompliance to the Director of the Department’s Division of Industrial Affairs, Office of Labor Law Enforcement and the Department may conduct an inspection.

h. The Department has the same authority under this subsection as in § 107 of Title 19.

i. Nothing in this subsection may be interpreted to prevent the Department from initiating its own inspections into an establishment’s compliance with the public awareness sign requirements independent of a report from the Council or a complaint.

(5) The civil penalties for noncompliance with the public awareness sign requirements in paragraphs (l)(2)a. and (l)(2)e. of this section or for failure to use a sign that satisfies the definition of “public awareness sign” under subsection (a) of this section are as follows:

a. If an establishment does not correct the same, or a substantially similar, noncompliance identified in the warning notice under paragraph (l)(4)a. of this section, the establishment owner is subject to a civil penalty of not more than $500.

b. On a second or subsequent failure by an establishment to correct the same, or a substantially similar, noncompliance identified in the warning notice under paragraph (l)(4)a. of this section, the establishment owner is subject to a civil penalty of not more than $2,500.

(6) a. The Department shall submit to the General Assembly and the Council an annual written report that contains all of the following information:

1. Number of inspections conducted by the Department to check compliance with the public awareness sign requirements in paragraphs (l)(2)a. and (l)(2)e. of this section, as well as determine whether a sign not distributed by the Council satisfies the definition of “public awareness sign” under subsection (a) of this section.

2. Number of warning notices under paragraph (l)(4)a. of this section issued by the Department, disaggregated by category of establishments.

3. Number of noncompliance notices under paragraph (l)(4)b. of this section issued by the Department, disaggregated by first, second, and subsequent violations and further disaggregated by category of establishments.

4. Total amount of civil penalties collected by the Department from enforcement of this subsection.

b. For purposes of submitting the report to the General Assembly, the Department shall submit the report to the Secretary of the Senate, Chief Clerk of the House, the Director and Librarian of the Division of Research, and the Controller General of the Office of the Controller General.

c. The Department shall submit its report by December 1 of each year, beginning December 1, 2023. If the deadline falls on a weekend or Delaware state holiday, then the report is due by the State of Delaware’s next following business day.

(m) Eligibility for services. (1) A victim of human trafficking is eligible for a benefit or service, which is available through the State and identified in the plan developed under paragraph (k)(3)a. of this section, including compensation under § 9009 of this title, regardless of immigration status.

(2) A minor engaged in commercial sexual activity is eligible for a benefit or service, which is available through the State and identified in the plan developed under paragraph (k)(3)a. of this section, regardless of immigration status.

(3) As soon as practicable after a first encounter with an individual who reasonably appears to a police officer to be a victim or a minor engaged in commercial sexual activity, the police officer shall notify the appropriate state or local agency, as identified in the plan developed under paragraph (k)(3)a. of this section, that the individual may be eligible for a benefit or service under this section.

(n) Law-enforcement agency protocol. — (1) On request from an individual who a police officer or prosecutor reasonably believes is a victim who is or has been subjected to a severe form of trafficking or criminal offense required for the individual to qualify for a nonimmigrant T or U visa under 8 U.S.C. § 1101(a)(15)(T), as amended from time to time, or 8 U.S.C. § 1101(a)(15)(U), as amended from time to time, or for continued presence, under 22 U.S.C. § 7105(c)(3), as amended from time to time, the police officer or prosecutor, as soon as practicable after receiving the request, shall request that a certifying official in that police officer’s or prosecutor’s law-enforcement agency complete, sign, and give to the individual the Form I-914B or Form I-918B provided by the United States Citizenship and Immigration Services on its Internet website, and ask a federal law-enforcement officer to request continued presence.

(2) If the law-enforcement agency having responsibility under paragraph (n)(1) of this section determines that an individual does not meet the requirements for such agency to comply with paragraph (n)(1) of this section, that agency shall inform the individual of the reason and that the individual may make another request under paragraph (n)(1) of this section and submit additional evidence satisfying the requirements.

(o) Nothing contained 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.

76 Del. Laws, c. 125, §  1;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 276, §  1;  80 Del. Laws, c. 26, §  3;  81 Del. Laws, c. 110, § 1;  81 Del. Laws, c. 174, § 1;  81 Del. Laws, c. 211, § 1;  82 Del. Laws, c. 60, § 1;  82 Del. Laws, c. 83, § 8;  83 Del. Laws, c. 44, § 1;  83 Del. Laws, c. 45, § 1;  83 Del. Laws, c. 283, § 8;  83 Del. Laws, c. 389, § 1;  84 Del. Laws, c. 42, § 1;  84 Del. Laws, c. 211, § 1; 

(a) For the purposes of this section:

(1) “Adult” has the meaning ascribed in § 302 of Title 1;

(2) “Adult entertainment establishment” means as defined in § 1602 of Title 24.

(3) “Along a major highway” means abutting Interstate 95, Interstate 295, Interstate 495, Route 1, Route 9, Route 13, Route 40, Route 113, Route 141, or Route 202.

(4) “Bar” means “cabaret,” “taproom,” or “tavern,” as defined in § 101 of Title 4.

(5) “Casino” means “video lottery agent,” as defined in § 4803 of Title 29.

(6) “Coercion” means:

a. The use or threat of force against, abduction of, serious harm to, or physical restraint of an individual;

b. The use of a plan, pattern, or statement with intent to cause an individual to believe that failure to perform an act will result in the use of force against, abduction of, serious harm to, or physical restraint of an individual;

c. The abuse or threatened abuse of law or legal process;

d. Controlling or threatening to control an individual’s access to a controlled substance enumerated in § 4714, § 4716, § 4718, § 4720 or § 4722 of Title 16;

e. The destruction of, taking of, or the threat to destroy or take an individual’s identification document or other property;

f. Use of debt bondage;

g. The use of an individual’s physical, cognitive disability or mental impairment, where such impairment has substantial adverse effects on the individual’s cognitive or volitional functions; or

h. The commission of civil or criminal fraud;

(7) “Commercial sexual activity” means any sexual activity for which anything of value is given, promised to, or received by any person;

(8) “Debt bondage” means inducing an individual to provide:

a. Commercial sexual activity in payment toward or satisfaction of a real or purported debt; or

b. Labor or services in payment toward or satisfaction of a real or purported debt if:

1. The reasonable value of the labor or services is not applied toward the liquidation of the debt; or

2. The length of the labor or services is not limited and the nature of the labor or services is not defined;

(9) “Department” as used in subsection (l) of this section, means the Department of Labor, unless a different Department is specified by name.

(10) “Establishment” means an individual, partnership, limited liability company, corporation, firm, trust, association, society, or other entity engaged in a business, industry, profession, trade, or other enterprise, including a nonprofit entity, with a physical premises open to employees or the public in the State of Delaware.

(11) “Forced labor or services” means labor, as defined in this section, or services, as defined in this section, that are performed or provided by another person and are obtained or maintained through coercion as enumerated in paragraph (b)(1) of this section;

(12) “Hotel” means “hotel,” “motel,” or “tourist home,” as defined in § 2301 of Title 30.

(13) “Human trafficking” means the commission of any of the offenses created in subsection (b) of this section;

(14) “Identification document” means a passport, driver’s license, immigration document, travel document, or other government-issued identification document, including a document issued by a foreign government, whether actual or purported;

(15) “Labor or services” means activity having economic or financial value, including commercial sexual activity. Nothing in this definition should be construed to legitimize or legalize prostitution;

(16) “Maintain” means in relation to labor or services, to secure continued performance thereof, regardless of any initial agreement on the part of the victim to perform such type of service;

(17) “Massage establishment” means as defined in § 5302 of Title 24.

(18) “Minor” has the meaning ascribed in § 302 of Title 1;

(19) “Obtain” means in relation to labor or services, to secure performance thereof;

(20) “Public awareness sign” as used in subsection (l) of this section, means the sign created under paragraph (k)(3)e. of this section or a sign created by an establishment that meets all of the following requirements:

a. Is at least 8 inches wide by 11 inches long.

b. Contains at least all of the information required to be in a sign under paragraph (k)(3)e. of this section.

c. Meets any other requirements established by regulation.

(21) “Residential child care facility” means as defined in the Office of Child Care Licensing regulations promulgated under Chapter 30A of Title 14.

(22) “Restaurant with a liquor license” means a “restaurant,” as defined in § 101 of Title 4, with a “license,” as defined in § 101 of Title 4.

(23) “Serious harm” means harm, whether physical or nonphysical, including psychological, economic, or reputational, to an individual which would compel a reasonable individual of the same background and in the same circumstances to perform or continue to perform labor or services or sexual activity to avoid incurring the harm;

(24) “Sexual activity” means any of the sex-related acts enumerated in § 761 of this title, or in § 1342, § 1351, § 1352(1), § 1353(1), § 1354 or § 1355 of this title or sexually-explicit performances;

(25) “Sexually explicit performance” means a live public act or show, production of pornography, or the digital transfer of any of such, intended to arouse or satisfy the sexual desires or appeal to the prurient interest of viewers;

(26) “Shopping mall” means an enclosed indoor retail complex containing a variety of shops and restaurants, whether contained in a series of connected or adjacent buildings or in a single large building, and usually anchored by department stores.

(27) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band recognized by federal law or formally acknowledged by state; and

(28) “Victim” means a person who is subjected to the practices set forth in subsection (b) of this section or to conduct that would have constituted a violation of subsection (b) of this section had 79 Del. Laws, c. 276 been in effect when the conduct occurred, regardless of whether a perpetrator is identified, apprehended, prosecuted or convicted.

(29) “Wellness center” means an urgent care clinic, walk-in health clinic, “school-based health center,” as defined in § 3571G of Title 18, substance abuse treatment clinic, psychiatric treatment facility, family planning clinic, or community health clinic.

(b) Prohibited activities. — (1) Trafficking an individual. — A person is guilty of trafficking an individual if the person knowingly recruits, transports, harbors, receives, provides, obtains, isolates, maintains, advertises, solicits, or entices an individual in furtherance of forced labor in violation of paragraph (b)(2) of this section or sexual servitude in violation of paragraph (b)(3) of this section. Trafficking an individual is a class C felony unless the individual is a minor, in which case it is a class B felony.

(2) Forced labor. — A person is guilty of forced labor if the person knowingly uses coercion to compel an individual to provide labor or services, except where such conduct is permissible under federal law or law of this State other than 79 Del. Laws, c. 276. Forced labor is a class C felony unless the individual is a minor, in which case it is a class B felony.

(3) Sexual servitude. — a. A person commits the offense of sexual servitude if the person knowingly:

1. Maintains or makes available a minor for the purpose of engaging the minor in commercial sexual activity; or

2. Uses coercion or deception to compel an adult to engage in commercial sexual activity.

b. Sexual servitude is a class C felony unless the individual is a minor, in which case it is a class B felony.

c. It is not a defense in a prosecution under paragraph (b)(3)a.1. of this section that the minor consented to engage in commercial sexual activity or that the defendant believed the minor was an adult.

(4) Patronizing a victim of sexual servitude. — A person is guilty of patronizing a victim of sexual servitude if the person knowingly gives, agrees to give, or offers to give anything of value so that the person may engage in commercial sexual activity with another person and the person knows that the other person is a victim of sexual servitude. Patronizing a victim of sexual servitude is a class D felony unless the victim of sexual servitude is a minor, in which case it is a class C felony. It is not a defense in a prosecution when the victim of sexual servitude is a minor that the minor consented to engage in commercial sexual activity or that the defendant believed the minor was an adult.

(5) Trafficking of persons for use of body parts. — A person is guilty of trafficking of persons for use of body parts when a person knowingly:

a. Recruits, entices, harbors, provides or obtains by any means, another person, intending or knowing that the person will have body parts removed for sale; or

b. Benefits, financially or by receiving anything of value, from participation in a venture which has engaged in an act described in violation of this section. Such person shall be guilty of a class A felony. Nothing contained herein shall be construed as prohibiting the donation of an organ by an individual at a licensed medical facility after giving an informed voluntary consent.

(6) Aggravating circumstance. — An aggravating circumstance during the commission of an offense under paragraphs (b)(1)-(3) of this section occurs when:

a. The person recruited, enticed, or obtained the victim from a shelter designed to serve victims of human trafficking, victims of domestic violence, victims of sexual assault, runaway youth, foster children, or the homeless; or

b. The person used or threatened use of force against, abduction of, serious harm to, or physical restraint of the victim.

If an aggravating circumstance occurred, the classification of the offense under paragraphs (b)(1)-(3) of this section is elevated by 1 felony grade higher than the underlying offense.

(c) Organizational liability. — (1) An organization may be prosecuted for an offense under this section pursuant to § 281 of this title (Criminal liability of organizations).

(2) The court may consider the severity of an organization’s offense under this section and order penalties in addition to those otherwise provided for the offense, including:

a. A fine of not more than $25,000 per offense;

b. Disgorgement of profit from illegal activity in violation of this section; and

c. Debarment from state and local government contracts.

(d) Restitution is mandatory under this section. — (1) In addition to any other amount of loss identified, the court shall order restitution, including the greater of:

a. The gross income or value to the defendant of the victim’s labor or services; or

b. The value of the victim’s labor as guaranteed under the minimum wage and overtime provisions of the Fair Labor Standards Act (FLSA) (29 U.S.C. § 201 et seq.) or of Title 19, whichever is greater.

(2) The court shall order restitution under this subsection (d) even if the victim is unavailable to accept payment of restitution.

(3) If the victim is unavailable for 5 years from the date of the restitution order, the restitution ordered under this subsection (d) must be paid to the Victim Compensation Fund established under § 9016 of this title.

(e) Forfeiture. — (1) On motion, the court shall order a person convicted of an offense under paragraphs (b)(1)-(3) of this section to forfeit any interest in real or personal property that was used or intended to be used to commit or facilitate the commission of the offense or that constitutes or derives from proceeds that the person obtained, directly or indirectly, as a result of the offense.

(2) In any proceeding against real or personal property under this section, the owner may assert a defense, and has the burden of establishing, by a preponderance of the evidence, that the forfeiture is manifestly disproportional to the seriousness of the offense.

(3) Proceeds from the public sale or auction of property forfeited under this subsection must be distributed in the manner otherwise provided for the distribution of proceeds of judicial sales.

(f) Admissibility of certain evidence. — In a prosecution or civil action for damages under this section, evidence of a specific instance of the alleged victim’s past sexual behavior, or reputation or opinion evidence of past sexual behavior of the alleged victim, is not admissible unless the evidence is:

(1) Admitted in accordance with §§ 3508 and 3509 of this title; or

(2) Offered by the prosecution in a criminal case to prove a pattern of trafficking by the defendant.

(g) Special provisions regarding a minor. — (1) A minor who has engaged in commercial sexual activity is presumed to be a neglected or abused child under § 901 et seq. of Title 10. Whenever a police officer has probable cause to believe that a minor has engaged in commercial sexual activity, the police officer shall make an immediate report to the Department of Services for Children, Youth and Their Families pursuant to § 901 et seq. of Title 16.

(2) A party to a juvenile delinquency proceeding in which a minor is charged with prostitution or loitering, or an attorney guardian ad litem or court-appointed special advocate appointed in a proceeding under § 901 et seq. of Title 10, may file a motion on behalf of a minor in a juvenile delinquency proceeding seeking to stay the juvenile delinquency proceedings. Such motion may be opposed by the Attorney General. The Family Court may consider such a motion and, in its discretion, may stay the juvenile delinquency proceeding indefinitely. Upon such motion, the Department of Services for Children, Youth and Their Families and/or the Family Court may identify and order available specialized services for the minor that, in the opinion of the Department of Services for Children, Youth and Their Families or Family Court, are best suited to the needs of the juvenile. So long as the minor substantially complies with the requirement of services identified by the Department of Services for Children, Youth and Their Families and/or ordered by the Family Court, the Attorney General shall, upon motion, nolle prosequi the stayed charges no earlier than 1 year after the stay was imposed. Upon motion of the Attorney General that the minor has not substantially complied with the requirement of services identified by the Department of Services for Children, Youth and Their Families and/or ordered by the Family Court, the Family Court shall lift the stay for further proceedings in accordance with the regular course of such proceedings.

(h) Defense to charge of prostitution or loitering. — An individual charged with prostitution or loitering committed as a direct result of being a victim of human trafficking may assert as an affirmative defense that the individual is a victim of human trafficking.

(i) Civil action. — (1) A victim may bring a civil action against a person that commits an offense under subsection (b) of this section for compensatory damages, punitive damages, injunctive relief, and any other appropriate relief.

(2) In an action under this subsection, the court shall award a prevailing victim reasonable attorneys’ fees and costs, including reasonable fees for expert witnesses.

(3) An action under this subsection must be commenced not later than 5 years after the later of the date on which the victim:

a. Was freed from the human trafficking situation; or

b. Attained 18 years of age.

(4) Damages awarded to the victim under this subsection for an item must be offset by any restitution paid to the victim pursuant to subsection (d) of this section for the same item.

(5) This subsection does not preclude any other remedy available to the victim under federal law or law of this State other than this section.

(j) Application for pardon and petition to expunge; motion to vacate adjudication of delinquency or conviction and expungement record. — (1) Notwithstanding any provision of Chapter 43 of this title or any other law to the contrary, a person arrested or convicted of any crime, except those deemed to be violent felonies pursuant to § 4201 of this title committed as a direct result of being a victim of human trafficking may file an application for a pardon pursuant to article VII of the Delaware Constitution and § 4361 et seq. of this title and may file a petition requesting expungement of such criminal record pursuant to § 4371 et seq. of this title.

(2) A person convicted or adjudicated delinquent of any crime, except those deemed to be violent felonies pursuant to § 4201 of this title, committed as a direct result of being a victim of human trafficking may file a motion in the court in which the adjudication of delinquency or conviction was obtained to vacate the adjudication or judgment of conviction. A motion filed under this paragraph must:

a. Be in writing;

b. Be sent to the Delaware Department of Justice;

c. [Repealed.]

d. Describe the evidence and provide copies of any official documents showing that the person is entitled to relief under this paragraph.

If the motion satisfies the foregoing requirements, the court shall hold a hearing on a motion, provided that the court may dismiss a motion without a hearing if the court finds that the motion fails to assert grounds on which relief may be granted. Official documentation of the person’s status as a victim of this section, “trafficking in persons”, or “a severe form of trafficking” from a federal, state, or local government agency shall create a presumption that the person’s participation in any crime, except those deemed to be violent felonies pursuant to § 4201 of this title, committed was a direct result of having been a victim of human trafficking but shall not be required for the court to grant a petition under this paragraph. If the petitioner can show to the satisfaction of the court that such petitioner is entitled to relief in a proceeding under this paragraph, the court shall grant the motion and, pursuant to this paragraph, enter an order vacating the adjudication of delinquency or judgment of conviction and dismissing the accusatory pleading, and may take such additional action as is appropriate in the circumstances or as justice requires.

(3) Notwithstanding any provisions of Chapter 43 of this title, Chapter 9 of Title 10, or any other law to the contrary, any person filing a motion under paragraph (j)(2) of this section in Superior Court or Family Court may also seek in that motion expungement of the criminal or juvenile record related to such conviction. If the court grants the motion to vacate the adjudication of delinquency or conviction under paragraph (j)(2) of this section and the movant also requested expungement, the court’s order shall require expungement of the police and court records relating to the charge and conviction or adjudication of delinquency. This order must contain a statement that the expungement is ordered under this paragraph (j)(3) and, notwithstanding any limitations to the contrary, that the provisions of §§ 4372(e), 4376, and 4377 of this title and § 1019 of Title 10 apply to the order.

(4) Notwithstanding any provision of Chapter 43 of this title or any other law to the contrary, upon granting the motion, the Court of Common Pleas shall provide Superior Court with the certified order granting the motion to vacate. Upon finding that the Court of Common Pleas entered an order under paragraph (j)(2) of this section, the Superior Court shall enter an order requiring expungement of the police and court records relating to the charge and conviction. This order must contain a statement that the expungement is ordered under this paragraph (j)(4) and, notwithstanding any limitations to the contrary, that the provisions of § § 4372(e), 4376, and 4377 of this title apply to the order.

(k) (1) The Human Trafficking Interagency Coordinating Council is renamed as the Delaware Anti-Trafficking Action Council (Council). The Council shall administer and implement this subsection, and perform such other responsibilities as may be entrusted to it by law.

(2) The Council consists of the following 24 members:

a. Three representatives of the Judicial Branch, as appointed by the Chief Justice;

b. A representative of the Department of Justice to be appointed by the Attorney General;

c. A representative of the Office of Defense Services to be appointed by the Chief Defender;

d. A representative of the law-enforcement community to be appointed by the Speaker of the Delaware House of Representatives;

e. A representative of the heath-care community to be appointed by the President Pro Tempore of the Delaware State Senate;

f. A representative of the Department of Health and Social Services to be appointed by the Secretary of the Department of Health and Social Services;

g. A representative of the Department of Labor to be appointed by the Secretary of Labor;

h. A representative of the Department of Services for the Children, Youth and Their Families to be appointed by the Secretary of the Department of Services for the Children, Youth and Their Families;

i. Four members who are advocates or persons who work with victims of human trafficking to be appointed by the Governor for a 3 year term and shall be eligible for reappointment. Members shall include representation from all 3 counties of the State.

j. [Repealed.]

k. A representative of the Delaware Department of Education to be appointed by the Secretary of the Department of Education.

l. A representative of the Division of Professional Regulation to be appointed by the Director of the Division of Professional Regulation.

m. Two members of the House of Representatives to be appointed by the Speaker of the House, 1 of which must be a member of the minority caucus.

n. Two members of the Senate to be appointed by the President Pro Tempore of the Senate, 1 of which must be a member of the minority caucus.

o. A representative of the Department of Transportation to be appointed by the Secretary of the Department of Transportation.

p. A representative from the Criminal Justice Council to be appointed by the Executive Director of the Criminal Justice Council.

q. A person who has been a victim of human trafficking to be appointed by the Governor for a 3 year term and shall be eligible for reappointment.

r. A resident of any county who has prior experience in working with victims of human trafficking in a legal or advocacy capacity to be appointed by the Chair of the Council with approval of a quorum of all members of the Council.

(3) The Council shall do all of the following:

a. Develop a comprehensive plan to provide victims of human trafficking with services.

b. Effectuate coordination between agencies, departments, and the courts with victims of human trafficking.

c. Collect and evaluate data on human trafficking in this State.

d. Promote public awareness about human trafficking, victim remedies and services, and trafficking prevention.

e. Create a public-awareness sign that contains centralized human trafficking hotline information.

f. Coordinate training on human trafficking prevention and victim services for individuals who may have recurring contact with victims or perpetrators, including government employees, health-care workers, business owners, potential victims of human trafficking, and private sector employees.

g. Pursue funding opportunities, including federal grants, through the Criminal Justice Council.

h. Conduct other appropriate activities.

(4) Meetings; quorum; officers; committees; procedure.

a. The Council shall meet at least 4 times per year. Thirteen members constitute a quorum.

b. A Chair and Vice Chair must be elected annually from among the members of the Council.

c. The Chair shall convene and preside over meetings of the Council and prepare an agenda for meetings.

d. The Vice Chair shall act as Chair in the absence of the Chair.

e. The Council shall establish committees composed of Council members and other knowledgeable individuals, as it deems advisable, to assist in planning, policy, goal and priority recommendations, and developing implementation plans to carry out the statutory duties of the Council.

f. 1. The Council shall submit an annual written report of its activities and recommendations to the Governor, General Assembly, the Chief Justice of the Supreme Court, and the Executive Director of the Criminal Justice Council on or before September 15.

2. For purposes of submitting the report to the General Assembly, the Council shall submit the report to the Secretary of the Senate, Chief Clerk of the House, the Chair of the Joint Finance Committee, and the Vice Chair of the Joint Finance Committee, who shall distribute the report to the General Assembly and the Joint Finance Committee.

3. The Council shall include in the annual report that it submits under paragraph (k)(4)f.1. of this section how the Council spent any state funds received for the previous fiscal year.

4. At each full council meeting, the Council shall provide a report to meeting attendees on how it has, since the previous full council meeting, spent any state funding received.

(5) a. The Council shall employ an Executive Director to be appointed by the Chair with approval of a quorum of the Council. The Executive Director will serve at the pleasure of a quorum of the Council.

b. The Executive Director of the Council shall support the Council in carrying out its duties under this subsection.

c. Subject to the approval of a quorum of the Council and within the limits of any appropriation made by the General Assembly or available funding from another funding source, the Executive Director of the Council shall employ staff and contract for services as necessary to carry out the functions of the Council.

d. The Executive Director of the Council shall report to the Council. For matters involving anything that may affect the Criminal Justice Council’s budget, the Executive Director of the Council shall also report to the Executive Director of the Criminal Justice Council. The Executive Director of the Criminal Justice Council has final approval over matters involving anything that may affect the Criminal Justice Council’s budget.

(l) Display of public awareness sign; civil penalty for failure to display. —

(1) a. Display of a public awareness sign in State of Delaware facilities. —

The Department of Transportation shall display a public awareness sign in every State-of-Delaware-operated transportation station, rest area, and welcome center which is open to the public.

b. The Department of Health and Social Services shall display a public awareness sign in every State of Delaware service center and wellness center that is operated by the Department of Health and Social Services.

c. The Department of Services for Children, Youth and Their Families shall display a public awareness sign in every residential child care facility that is operated by the Department of Services for Children, Youth and Their Families.

(2) a. A public awareness sign must be displayed in an establishment within a category designated by the Delaware Anti-Trafficking Action Council (Council) and within all of the following categories:

1. Adult entertainment establishment.

2. Entity found to be maintaining a criminal nuisance involving prostitution under § 7104 of Title 10.

3. Job recruitment center.

4. Hospital.

5. [Repealed.]

6. Wellness center other than those covered in paragraph (l)(1)b. of this section.

7. Shelter or residential service designed to serve victims of domestic violence or sexual assault, or individuals experiencing homelessness or food insecurity.

8. Residential child care facility other than those covered in paragraph (l)(1)c. of this section.

9. Independent and transitional living service provider for youth aging out of foster care.

10. Hotel.

11. Convenience store along a major highway.

12. Gas station along a major highway.

13. Casino.

14. Restaurant with a liquor license.

15. Poultry processing plant.

16. Bus or train station other than those covered in paragraph (l)(1)a. of this section.

17. Bar.

18. Massage establishment.

19. Shopping mall.

b. 1. The Council may promulgate regulations to designate a category of establishments that must display a public awareness sign in addition to those categories identified in paragraph (l)(2)a. of this section.

2. The Council may promulgate regulations to designate a specific location on the premises for a category of establishments where a public awareness sign must be displayed. If the Council designates a specific location, the Council shall include the specific location requirement within the list under paragraph (l)(2)d. of this section.

c. The Council may promulgate regulations to change the requirements as to what constitutes a public awareness sign so long as the regulations are consistent with paragraph (k)(3)e. of this section and subsection (a) of this section. If the Council promulgates regulations under this paragraph (l)(2)c., the Executive Director of the Council, or their designee, shall inform the Director of the Department’s Division of Industrial Affairs, Office of Labor Law Enforcement of the changes.

d. The Council shall publish a list of categories of establishments that must display a public awareness sign on an annual basis for notification and outreach purposes. The publication must occur in all of the following:

1. A newspaper with statewide circulation.

2. The Register of Regulations.

3. Department website.

e. 1. Except as otherwise provided in (l)(2)e.2. through (l)(2)e.8. of this section, an establishment shall display a public awareness sign in a place that is clearly conspicuous and visible to employees and the public. To comply with the requirement that a public awareness sign be clearly conspicuous and visible to employees and the public, an establishment may need to display a public awareness sign at more than 1 location on its premises.

2. An establishment with a location on its premises designated by the Council through promulgation of regulations under paragraph (l)(2)b.2. of this section shall comply with the specific location requirement. If the establishment does not have that specific location on its premises, then the establishment shall display the public awareness sign as described in paragraph (l)(2)e.1. of this section unless the regulations state otherwise.

3. An establishment that is a hotel may not be required to display a public awareness sign in guest bedrooms. However, a public awareness sign must be displayed in a manner that is clearly conspicuous and visible in all public restrooms, all staff breakrooms, and at least 1 of the following publicly accessible locations that is present on the premises:

A. All lobbies.

B. All elevators.

C. All stairwells.

D. All vending machine or ice machine areas.

4. An establishment that is a restaurant with a liquor license must display a public awareness sign in a manner that is clearly conspicuous and visible in all staff breakrooms, or if no staff breakrooms, where clearly conspicuous and visible to employees.

5. An establishment that is a poultry processing plant must display a public awareness sign in a manner that is clearly conspicuous and visible in all staff breakrooms, or if no staff breakrooms, where clearly conspicuous and visible to employees.

6. An establishment that is a casino must display a public awareness sign in a manner that is clearly conspicuous and visible in all public restrooms, all staff breakrooms, and all lobbies.

7. An establishment that is a massage establishment must display a public awareness sign in a manner that is clearly conspicuous and visible in all staff breakrooms, or if no staff breakrooms, where clearly conspicuous and visible to employees.

8. An establishment that is a shopping mall must display a public awareness sign in a manner that is clearly conspicuous and visible in all food courts and all public restrooms provided by the management of the shopping mall.

f. The Executive Director of the Council, or their designee, shall oversee the distribution of public awareness signs to State of Delaware facilities and establishments. The public awareness signs must be provided free of cost to all State of Delaware facilities and establishments that request them.

(3) The Department may enforce the public awareness sign requirements in paragraphs (l)(2)a. and (l)(2)e. of this section, as well as determine whether a sign not distributed by the Council satisfies the definition of “public awareness sign” under subsection (a) of this section, using the rules and procedures of the Administrative Procedures Act, Chapter 101 of Title 29.

(4) a. The Department may conduct an inspection of an establishment following receipt of a complaint alleging that the establishment is noncompliant with public awareness sign requirements. If the Department conducts an inspection and confirms that the establishment has failed to comply with 1 or more public awareness sign requirements, the Department shall provide the establishment with public awareness signs, if needed, and written notice of all the following:

1. What noncompliance has occurred, including a citation to the specific law or regulation with which the establishment has not complied.

2. The date the Department inspected and determined there was noncompliance.

3. The possible civil penalties for noncompliance.

4. A prominently displayed statement that this notice serves as a warning.

b. If, within 3 years from the postmark date or date of hand delivery of the warning notice under paragraph (l)(4)a. of this section, the Department determines the establishment is exhibiting the same, or a substantially similar, noncompliance that was identified in the warning notice under paragraph (l)(4)a. of this section, then the Department shall assess a civil penalty against the noncompliant establishment. The Department shall provide the noncompliant establishment with public awareness signs, if needed, and written notice of all the following:

1. What noncompliance has occurred, including a citation to the specific law or regulation with which the establishment has not complied.

2. The dates the Department inspected and determined there was noncompliance.

3. The postmark or hand delivery date of the warning notice under paragraph (l)(4)a. of this section.

4. Whether this is a first or subsequent violation.

5. The civil penalty assessed.

6. That the owner of the establishment may file an appeal, including instructions on how to request a hearing.

c. 1. A request for a hearing must be made in writing, addressed to the Secretary of the Department (Secretary), and made within 10 business days from the postmark date or the date of hand delivery of the notice under paragraph (l)(4)b. of this section.

2. If a hearing is not requested under paragraph (l)(4)c.1. of this section, the determination made by the Department under paragraph (l)(4)b. of this section is final.

3. The Department shall review a request for a hearing under paragraph (l)(4)c.1. of this section to determine if the dispute can be resolved at an informal settlement conference. If the Department determines a dispute cannot be resolved at an informal settlement conference or if the Department holds an informal settlement conference and a settlement is not reached, the Department shall forward the hearing request to the Secretary to schedule a hearing.

4. The Secretary shall issue a final case decision at the conclusion of a hearing held under paragraph (l)(4)c. of this section as required under Chapter 101 of Title 29.

5. An establishment owner may seek judicial review of the Secretary’s final case decision by commencing an action in Superior Court within 30 days of the date of the final decision under paragraph (l)(4)c.4. of this section.

d. The notices required under paragraphs (l)(4)a. and (l)(4)b. of this section may be hand delivered or mailed to the noncomplying establishment.

e. The notice under paragraph (l)(4)a. of this section is not a case decision for purposes of the Administrative Procedures Act, Chapter 101 of Title 29.

f. All civil penalties collected under this subsection must be paid to the State of Delaware General Fund.

g. If the Council becomes aware of potential noncompliance with the public awareness sign requirements, the Executive Director of the Council, or their designee, shall report the potential noncompliance to the Director of the Department’s Division of Industrial Affairs, Office of Labor Law Enforcement and the Department may conduct an inspection.

h. The Department has the same authority under this subsection as in § 107 of Title 19.

i. Nothing in this subsection may be interpreted to prevent the Department from initiating its own inspections into an establishment’s compliance with the public awareness sign requirements independent of a report from the Council or a complaint.

(5) The civil penalties for noncompliance with the public awareness sign requirements in paragraphs (l)(2)a. and (l)(2)e. of this section or for failure to use a sign that satisfies the definition of “public awareness sign” under subsection (a) of this section are as follows:

a. If an establishment does not correct the same, or a substantially similar, noncompliance identified in the warning notice under paragraph (l)(4)a. of this section, the establishment owner is subject to a civil penalty of not more than $500.

b. On a second or subsequent failure by an establishment to correct the same, or a substantially similar, noncompliance identified in the warning notice under paragraph (l)(4)a. of this section, the establishment owner is subject to a civil penalty of not more than $2,500.

(6) a. The Department shall submit to the General Assembly and the Council an annual written report that contains all of the following information:

1. Number of inspections conducted by the Department to check compliance with the public awareness sign requirements in paragraphs (l)(2)a. and (l)(2)e. of this section, as well as determine whether a sign not distributed by the Council satisfies the definition of “public awareness sign” under subsection (a) of this section.

2. Number of warning notices under paragraph (l)(4)a. of this section issued by the Department, disaggregated by category of establishments.

3. Number of noncompliance notices under paragraph (l)(4)b. of this section issued by the Department, disaggregated by first, second, and subsequent violations and further disaggregated by category of establishments.

4. Total amount of civil penalties collected by the Department from enforcement of this subsection.

b. For purposes of submitting the report to the General Assembly, the Department shall submit the report to the Secretary of the Senate, Chief Clerk of the House, the Director and the Librarian of the Division of Legislative Services, and the Controller General of the Office of the Controller General.

c. The Department shall submit its report by December 1 of each year, beginning December 1, 2023. If the deadline falls on a weekend or Delaware state holiday, then the report is due by the State of Delaware’s next following business day.

(m) Eligibility for services. (1) A victim of human trafficking is eligible for a benefit or service, which is available through the State and identified in the plan developed under paragraph (k)(3)a. of this section, including compensation under § 9009 of this title, regardless of immigration status.

(2) A minor engaged in commercial sexual activity is eligible for a benefit or service, which is available through the State and identified in the plan developed under paragraph (k)(3)a. of this section, regardless of immigration status.

(3) As soon as practicable after a first encounter with an individual who reasonably appears to a police officer to be a victim or a minor engaged in commercial sexual activity, the police officer shall notify the appropriate state or local agency, as identified in the plan developed under paragraph (k)(3)a. of this section, that the individual may be eligible for a benefit or service under this section.

(n) Law-enforcement agency protocol. — (1) On request from an individual who a police officer or prosecutor reasonably believes is a victim who is or has been subjected to a severe form of trafficking or criminal offense required for the individual to qualify for a nonimmigrant T or U visa under 8 U.S.C. § 1101(a)(15)(T), as amended from time to time, or 8 U.S.C. § 1101(a)(15)(U), as amended from time to time, or for continued presence, under 22 U.S.C. § 7105(c)(3), as amended from time to time, the police officer or prosecutor, as soon as practicable after receiving the request, shall request that a certifying official in that police officer’s or prosecutor’s law-enforcement agency complete, sign, and give to the individual the Form I-914B or Form I-918B provided by the United States Citizenship and Immigration Services on its Internet website, and ask a federal law-enforcement officer to request continued presence.

(2) If the law-enforcement agency having responsibility under paragraph (n)(1) of this section determines that an individual does not meet the requirements for such agency to comply with paragraph (n)(1) of this section, that agency shall inform the individual of the reason and that the individual may make another request under paragraph (n)(1) of this section and submit additional evidence satisfying the requirements.

(o) Nothing contained 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.

76 Del. Laws, c. 125, §  1;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 276, §  1;  80 Del. Laws, c. 26, §  3;  81 Del. Laws, c. 110, § 1;  81 Del. Laws, c. 174, § 1;  81 Del. Laws, c. 211, § 1;  82 Del. Laws, c. 60, § 1;  82 Del. Laws, c. 83, § 8;  83 Del. Laws, c. 44, § 1;  83 Del. Laws, c. 45, § 1;  83 Del. Laws, c. 283, § 8;  83 Del. Laws, c. 389, § 1;  84 Del. Laws, c. 42, § 1;  84 Del. Laws, c. 211, § 1;  84 Del. Laws, c. 255, § 6; 

A person is guilty of coercion when the person compels or induces a person to engage in conduct which the victim has a legal right to abstain from engaging in, or to abstain from engaging in conduct in which the victim has a legal right to engage, by means of instilling in the victim a fear that, if the demand is not complied with, the defendant or another will:

(1) Cause physical injury to a person; or

(2) Cause damage to property; or

(3) Engage in other conduct constituting a crime; or

(4) Accuse some person of a crime or cause criminal charges to be instituted against a person; or

(5) Expose a secret or publicize an asserted fact, whether true or false, tending to subject some person to hatred, contempt or ridicule; or

(6) Testify or provide information or withhold testimony or information with respect to another’s legal claim or defense; or

(7) Use or abuse the defendant’s position as a public servant by performing some act within or related to the defendant’s official duties, or by failing or refusing to perform an official duty in such manner as to affect some person adversely; or

(8) Perform any other act which is calculated to harm another person materially with respect to that person’s health, safety, business, calling, career, financial condition, reputation or personal relationships.

Coercion is a class A misdemeanor.

11 Del. C. 1953, §  791;  58 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1; 

In any prosecution for coercion committed by instilling in the victim a fear that the victim or another person would be charged with a crime, it is a defense that the defendant believed the threatened charge to be true and that the defendant’s sole purpose was to compel or induce the victim to take reasonable action to make good the wrong which was the subject of the threatened charge.

11 Del. C. 1953, §  792;  58 Del. Laws, c. 497, §  1;  70 Del. Laws, c. 186, §  1;