TITLE 11

Crimes and Criminal Procedure

Law-Enforcement Administration

CHAPTER 85. STATE BUREAU OF IDENTIFICATION

Subchapter IV. Child Sex Abuse Information Repository


The following words, terms and phrases, when used in this subchapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(1) "Child'' shall mean any person who is less than 18 years old;

(2) "Child sexual abuse'' means any of the following crimes committed against a child:

a. Any sexual offense or child exploitation in violation of any offense within subchapter II, Subpart D, and subchapter V of Chapter 5 of this title committed by an adult;

b. Notwithstanding § 1009 of Title 10, any adjudication of delinquency which, if the person had been charged as an adult, would constitute an offense in violation of any offense within subchapter II, Subpart D, and subchapter V of Chapter 5 of this title committed by a juvenile; or

c. Any conviction, plea or adjudication of delinquency under the laws of another state, territory or jurisdiction which is the same as or equivalent to the preceding specified offenses.

(3) The term "child sex abuser information'' means the following information concerning a person who has been convicted of a violation of the criminal child sex abuse laws of this State:

a. Name, social security number, age, race, sex, date of birth, height, weight, hair and eye color, address of legal residence and a brief description of the crime or crimes committed by the offender;

b. A copy of the fingerprints of the offender; and

c. Any information that the State Bureau of Identification, the Federal Bureau of Investigation or the National Crime Information Center determines may be useful in identifying child sex abusers;

(4) The term "criminal child sex abuse laws of this State'' means those sections of the Delaware Criminal Code which establish criminal penalties for the commission of child sex abuse by a parent or other family member of a child or by any other person;

(5) "National Crime Information Center'' means the division of the Federal Bureau of Investigation that serves as a computerized information source on wanted criminals, persons named in arrest warrants, runaways, missing children and stolen property for use by federal, state and local law enforcement authorities.

68 Del. Laws, c. 441, § 1; 73 Del. Laws, c. 45, § 1.;

The Child Sex Abuse Information Repository is hereby created within the State Bureau of Identification. The Child Sex Abuse Information Repository is established as a central repository of child sex abuser information.

68 Del. Laws, c. 441, § 1.;

(a) The Director of the State Bureau of Identification shall coordinate the reporting of child sex abuser information to the Child Sex Abuse Information Repository and shall issue guidelines to all law enforcement agencies in the State to ensure reporting accuracy.

(b) The guidelines established under subsection (a) of this section shall require that all convictions under the criminal child sex abuse laws of this State are reported to the Child Sex Abuse Information Repository.

68 Del. Laws, c. 441, § 1.;

The Director of the State Bureau of Identification shall ensure that:

(1) Reports of all convictions under the criminal child sex abuse laws of this State are maintained by the Child Sex Abuse Information Repository;

(2) The Child Sex Abuse Information Repository works closely with schools, daycare centers and the Department of Services for Children, Youth and Their Families in providing child sex abuser information;

(3) The Child Sex Abuse Information Repository reports child sex abuser information to the National Crime Information Center; and

(4) The Child Sex Abuse Information Repository maintains close liaison with the National Center on Child Abuse and Neglect and the National Center for Missing and Exploited Children for exchange of information.

68 Del. Laws, c. 441, § 1.;