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?

  • 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.

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