Delaware Child Pornography Laws

Created by FindLaw’s team of legal writers and editors

| Last reviewed June 20, 2016

Legally Reviewed

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.

Fact-Checked

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area.

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?	Knowingly photographing, filming, or creating a visual depiction of a child engaging in a prohibited sexual act Knowingly financing or producing any motion picture, video, or other visual depiction of a child engaging in a prohibited sexual act Knowingly publishing or making available for public distribution any material that depicts a child engaging in a prohibited sexual act, or Permitting, causing, facilitating, financing, producing, or otherwise advancing an exhibition, display, or performances of a child engaging in a prohibited sexual act
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?	Knowingly shipping, transmitting, mailing, or transporting any book, magazine, periodical, pamphlet, video, or film depicting a child engaging in a prohibited sexual act Knowingly receiving, for the purpose of selling, material that depicts a child engaging in a prohibited sexual act Knowingly distributing or disseminating any visual depiction of a child engaging in a prohibited sexual act Intentionally compiling, entering, accessing, transmitting, receiving, exchanging, disseminating, storing, making, printing, reproducing, or otherwise possessing any visual depiction of a child engaging in a prohibited sexual act, or Knowingly advertising, promoting, presenting, describing, transmitting, or distributing any visual depiction of a child engaging in a prohibited sexual act
Penalties	Class B felony.

Code Section	Delaware Code section 1111: Possession of Child Pornography
What’s Prohibited?	Knowingly possessing any visual depiction of a child engaging in a prohibited sexual act, or Knowingly possessing any visual depictions which has been created, adapted, modified, or edited so as to appear that a child is engaging in a prohibited sexual act
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.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Can I Solve This on My Own or Do I Need an Attorney?

Complex cases usually require a lawyer
Experienced lawyers can seek to reduce or eliminate criminal penalties
Sexual assaults & sex crime convictions often have long sentences and lifelong consequences

Get tailored legal advice and ask a lawyer questions. Many attorneys offer free consultations.

If you need an attorney, find one right now.

Stay Up-to-Date With How the Law Affects Your Life

Enter your email address to subscribe

Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.

Helpful Links

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

Or contact an attorney near you:

Next Steps

Contact a qualified attorney to help you navigate the challenges presented by litigation.

Enter information. (Required)

Find a Qualified Attorney Near You