Delaware Child Pornography Laws
Created by FindLaw's team of legal writers and editors | Last reviewed June 20, 2016
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In Delaware, it is illegal to produce, distribute, receive, or possess child pornography. Child pornography is any visual depiction of a child (anyone who is less than 18 years old) engaging in a prohibited sexual act. The term "prohibited sexual act" includes:
- Sexual intercourse
- Anal intercourse
- Masturbation
- Bestiality
- Sadism
- Masochism
- Fellatio
- Cunnilingus
- Nudity (if the nudity is depicted for the purpose of the sexual stimulation or sexual gratification of any individual who may view it)
- Sexual contact
- Lascivious exhibition of the genitals or pubic area, or
- Any other act which is intended to be a depiction or simulation of any act described above
The tables below outline the laws that criminalize child pornography in Delaware.
Code Section |
Delaware Code section 1108: Sexual Exploitation of a Child |
What's Prohibited? |
|
Penalties |
Class B felony. However, for a second or subsequent conviction the offender will be sentenced to life imprisonment. |
Code Section |
Delaware Code section 1109: Dealing in Child Pornography |
What's Prohibited? |
|
Penalties |
Class B felony. |
Code Section |
Delaware Code section 1111: Possession of Child Pornography |
What's Prohibited? |
|
Penalties |
Class F felony. |
Additional Resources
Sate laws change frequently. For case specific information regarding Delaware's child pornography laws contact a local criminal defense lawyer.
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