2014 Delaware Code
Title 11 - Crimes and Criminal Procedure
CHAPTER 5. SPECIFIC OFFENSES
Subchapter V Offenses Relating to Children and Incompetents
§ 1112. Sexual offenders; prohibitions from school zones
(a) Any person who is a sexual offender and who:
(1) Resides on or within 500 feet of the property of any school shall be guilty of a class G felony.
(2) Loiters on or within 500 feet of the property of any school shall be guilty of a class F felony.
(b) For purposes of this section, the following definitions shall apply:
(1) "Loiter" means:
a. Standing, sitting idly, whether or not the person is in a vehicle, or remaining in or around school property, while not having reason or relationship involving custody of or responsibility for a pupil or any other specific or legitimate reason for being there; or
b. Standing, sitting idly, whether or not the person is in a vehicle, or remaining in or around school property, for the purpose of engaging or soliciting another person to engage in sexual intercourse, sexual penetration, sexual contact, or sexual harassment, sexual extortion, or indecent exposure.
(2) "Reside" means to dwell permanently or continuously or to occupy a dwelling or home as one's permanent or temporary place of abode.
(3) "School" means any preschool, kindergarten, elementary school, secondary school, vocational technical school or any other institution which has as its primary purpose the education or instruction of children under 16 years of age.
(4) "Sexual offender" shall mean any person who:
a. Has been convicted in this State of the commission or attempt to commit any sexual offense upon a child under 16 years of age under § 767, § 768, § 769, § 770, § 771, § 772, § 773, § 776, § 777, § 777A, § 778, § 778A, § 1108, § 1109, § 1111, and/or § 1112A of this title; or
b. Has been discharged or paroled from a penal institution where that person was confined because of the commission or attempt to commit 1 or more of the offenses enumerated in paragraph (b)(4)a. of this section; or
c. Has been adjudged guilty but mentally ill under § 401 of this title or not guilty by reason of insanity under § 401 of this title for the commission or attempt to commit 1 or more of the offenses enumerated in paragraph a. of this subsection; or
d. Has been convicted in any other state of any offense which, if committed or attempted in this State, would have been punishable as 1 or more of the offenses enumerated in paragraph (b)(4)a. of this section.
(c) It shall not be a defense to a prosecution for a violation of this section that the person was unaware that the prohibited conduct took place on or within 500 feet of any school property.
70 Del. Laws, c. 279, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 467, § 8; 77 Del. Laws, c. 318, § 10.;
§ 1112A Sexual solicitation of a child; class C felony.
(a) A person is guilty of sexual solicitation of a child if the person, being 18 years of age or older, intentionally or knowingly:
(1) Solicits, requests, commands, importunes or otherwise attempts to cause any child who has not yet reached that child's eighteenth birthday to engage in a prohibited sexual act; or
(2) Solicits, requests, commands, importunes or otherwise attempts to cause any child who has not yet reached that child's sixteenth birthday to meet with such person or any other person for the purpose of engaging in a prohibited sexual act; or
(3) Compiles, enters, accesses, transmits, receives, exchanges, disseminates, stores, makes, prints, reproduces or otherwise possesses by any means, including by means of computer, any notice, statement, document, advertisement, file or data containing the name, telephone number, address, e-mail address, school address or location, physical characteristics or other descriptive or identifying information pertaining to any child who has not yet reached that child's sixteenth birthday for the purpose of facilitating, encouraging, offering or soliciting a prohibited sexual act involving such child and such person or any other person.
(b) For the purposes of this section, conduct occurring outside the State shall be sufficient to constitute this offense if such conduct is within the terms of § 204 of this title, or if the child was within the State at the time of the prohibited conduct and the defendant was aware of circumstances which rendered the presence of such child within Delaware a reasonable possibility.
(c) Sexual solicitation of a child is a class C felony.
(d) Nothing in this section shall preclude a separate charge, conviction and sentence for any other crime set forth in this title, or in the Delaware Code.
71 Del. Laws, c. 467, § 5; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 148, § 37.;
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