Delaware Rape and Sexual Assault Laws

Code Section

Unlawful Sexual Contact in the First degree

• Physically injuring the victim, displaying what appears to be a deadly weapon to the victim, or representing to the victim that you possess a deadly weapon while committing unlawful second or third degree sexual contact, during the immediate flight from a crime, or during an attempt to prevent the reporting of a crime, or
• Intentionally having sexual contact with someone who is less than 13 years or causing the victim to have sexual contact with a third person

Intentionally having sexual contact with someone who is less than 18 years old, or causing the victim to have sexual contact with a third person.

Penalties

First-degree: Class D felony.

Second-degree: Class F felony.

Third-degree: Class A misdemeanor.

Code Section

What's Prohibited?

• The act is done without the victim's consent and occurs during the commission of a crime, during the immediate flight from a crime, or during an attempt to prevent the reporting of a crime, and the offender causes physical injury or serious emotional injury to the victim
• The act is done without the victim's consent and was facilitated by or occurred during the commission (or attempted commission) of any felony or one of the misdemeanors listed in section 773
• In the course of commission of rape in the second, third, or fourth degree (or while in immediate flight therefrom) the offender displays what appeared to be a deadly weapon or represents that they are in possession of a deadly weapon
• The sexual intercourse occurs without the victim's consent and a principle-accomplice relationship existed between the offender and another person with respect to the commission of the crime, or
• The victim is less than 12 years old and the offender is at least 18 years old

Penalties