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
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Delaware Code section 1108: Sexual Exploitation of a Child |
What's Prohibited?
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- 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
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Penalties
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Class B felony. However, for a second or subsequent conviction the offender will be sentenced to life imprisonment. |
Code Section
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Delaware Code section 1109: Dealing in Child Pornography |
What's Prohibited?
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- 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
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Class B felony. |
Code Section
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Delaware Code section 1111: Possession of Child Pornography |
What's Prohibited?
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- 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
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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.