An accusation of sexual offense in Delaware is a very serious situation. Defense against a sexual offense can be extremely complicated, and is best dealt with by an experienced attorney who is familiar with Delaware sex offense laws. If you have been accused of a sexual offense in Delaware, contact The Law Offices of Mooney and Andrew, P.A. for a free legal consultation.

Sexual Harassment: A person is guilty of Sexual Harassment when he or she threatens to engage in conduct likely to result in the commission of a sexual offense. A person may also be guilty of he solicits, requests, commands, importunes, or otherwise attempts to induce another to have sexual contact, sexual intercourse, or unlawful sexual penetration with him, knowing he is likely to cause annoyance or alarm to that person.

    • Sexual Harassment is an unclassified Misdemeanor. Such offense is punishable up  to 30 days at level V.

Indecent Exposure: A male is guilty of Indecent Exposure if he exposes his genitals or buttocks under circumstances in which he knows his conduct is likely to cause outrage or alarm. A female is guilty of Indecent Exposure if she exposes her genitals, breast or buttocks under circumstances in which she know her behavior is likely to cause affront or alarm.

  • The preceding facts of this charge are classified as Indecent Exposure Second Degree, an unclassified Misdemeanor which is punishable up to 30 days at level V.
  • If the victim of the exposure is less than 16, it is Indecent Exposure First Degree,  and is a Class A misdemeanor, punishable up to 1 year at level V.
  • Any person may be guilty of this charge when one intentionally has sexual contact with another person under the age of 16and the defendant in in a position of trust, authority, or supervision. This is then classified as First Degree Indecent Exposure a Class F Felony, punishable up to 3 years at level V.

Rape

Rape Fourth Degree: A person is guilty of Rape Fourth Degree when the person intentionally engages in sexual intercourse and the victim has not yet reached the age of 16, or without the victim’s consent. A person may also be found guilty of this charge if he or she intentionally engages in sexual intercourse and victim has not yet reached the age of 18 and the defendant is 30 years of age or older. If one intentionally engages in sexual intercourse or sexual penetration and the victim is between 16 and 18 years of age and the defendant stands in a position of trust, authority or supervision.

  • This charge is considered to be a Class C Felony which is punishable up to 15 years at level V.

Rape Third Degree:  A person is guilty of Rape Third Degree when the person intentionally engages in sexual intercourse and the victim is less than 16 and the defendant is at least ten years older than the victim. A person is also guilty when he or she engages in sexual intercourse and the victim is less than 14 years old and the defendant is 19 years old or more.  If a person intentionally engages in sexual penetration without the victim’s consent during the commission of or flight from a crime a person is also guilty of this offense and equally so if the act is done during an attempt to prevent the reporting of a crime which causes physical injury or serious mental or emotional injury to the victim.

  •  Rape Third Degree is categorized as a Class B felony which is punishable from 2 to 25 years at level V. The first 2 years may not be suspended.

Rape Second Degree: A person is guilty of Rape Second Degree when the person intentionally engages in sexual intercourse with another person without the victim’s consent and the act occurs during the commission of or during flight from a crime or during an attempt to prevent the reposting of a crime and the defendant causes serious physical injury to the victim.  The same may also be true if the victim is under 16 years of age. A person is guilty of this charge if during the unlawful action the defendant displays what appears to be a deadly weapon or represents by word or conduct the he or she is in possession of a deadly weapon or dangerous instrument, even still if the victim is under the age of 16. If the intentional sexual contact occurs during the course of or attempted commission of any felony, any of the following misdemeanors:

  1. Reckless Endangering Second Degree
  2. Assault Third Degree
  3. Terroristic Threatening
  4. Unlawfully Administering Drugs
  5. Unlawful Imprisonment Second Degree
  6. Criminal Trespassing First, Second and Third Degree.

  • Rape Second Degree is a class B Felony, which is punishable from 2 to 25 years at level V. The first 2 years may not be suspended.

Rape First Degree: A person is guilty of Rape First Degree when a person intentionally engages in sexual intercourse and any of the following circumstances exist:

  1. If the act occurs without the victim’s consent and during the commission of or during flight from a crime or during an attempt to prevent the reporting of a crime and which the defendant causes physical injury or serious mental or emotional injury to the victim;
  2. If the act occurs without the victim’s consent and facilitated by or occurred during the course of or attempted commission of:
    a. Any felony
    b. Any of the following misdemeanors:
    Reckless  Endangering Second Degree
    Assault Third Degree
    Terroristic Threatening
    Unlawfully Administering Drugs
    Unlawful Imprisonment Second Degree
    Criminal Trespassing First, Second, or Third Degree
  3. In the course of committing rape in the Second, Third or Fourth Degree; the defendant 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.
  4. If the victim is less than 12 and the defendant is 18 years of age or older.
  5. If the victim is less than 16 and the defendant stands in a position of trust.

  • Rape First Degree is categorized as a Class A Felony, which is punishable from 15 years to life imprisonment at level V.
  • A conviction of Rape in the First Degree results in the mandatory sentence of life imprisonment without the benefit of probation, parole or any other sentence reduction if:
    The victim is less than 16 years of age and the defendant inflicts serious physical injury on the victim; or
    The defendant intentionally causes serious and prolonged disfigurement to the victim or intentionally destroys, amputates or permanently disables an organ of the victim’s body; or
    The defendant is convicted of rape against three or more separate victims; or
    The defendant has been previously convicted of Unlawful Sexual Intercourse in the First Degree, Rape in the Second or Third Degree, or any equivalent offenses under the law of any state of the United States.

Sexual Extortion:  A person is guilty of Sexual Extortion who compels or induces another person to engage in an act involving sexual contact, sexual penetration, or sexual intercourse by means of instilling fear the he or she will cause physical injury to anyone, cause property damage, engage in other criminal conduct, accuse anyone of a crime or cause criminal charges to be instituted against him or her, expose a secret tending to subject anyone to hatred, contempt or ridicule, or perform any other act calculated to harm another person materially with respect to his or her health, safety, business, calling, career, financial condition, reputation or personal relationships.

  • Sexual Extortion is a Class E Felony, which a punishable up to 5 years at level V.

Sexual Exploitation of a Child: A person is guilty of Sexual Exploitation of a Child when he intentionally, knowingly or recklessly photographs a child engaged in a sexual act, finances or produces a motion picture which depicts a child engaging in a sexual act, publishes a book depicting a child engaging in a sexual act or permits or otherwise promotes an exhibition or performance of a child engaging in a sexual act.

  • This offense is categorized as a Class B Felony which is punishable from 2 to 25 years imprisonment at level V. It should be noted that a second conviction of this offense carries an automatic life sentence.