reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter IV. Offenses Relating to Marriage › § 1002. Bigamy; defenses.

§ 1002. Bigamy; defenses.
In any prosecution for bigamy it is a defense that, at the time of the allegedly bigamous marriage:
(1) The accused believed, after diligent inquiry, that the prior spouse was dead; or
(2) The parties to the former marriage had been living apart for 7 consecutive years throughout which the accused had no reasonable grounds to believe that the prior spouse was alive; or
(3) A court in any American or foreign jurisdiction had entered a judgment purporting to terminate or annul any prior disqualifying marriage, and the accused did not know that judgment to be invalid; or
(4) The accused otherwise reasonably believed that the accused was legally eligible to remarry.
11 Del. C. 1953, §  1002;  58 Del. Laws, c. 497, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter IV. Offenses Relating to Marriage › § 1003. Bigamous marriage contracted outside the State.

§ 1003. Bigamous marriage contracted outside the State.
Whoever, being a resident of Delaware, goes out of the State and contracts a marriage contrary to § 1001 of this title, intending to return and reside in Delaware, and returns accordingly, is guilty of bigamy.
11 Del. C. 1953, §  1003;  58 Del. Laws, c. 497, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter IV. Offenses Relating to Marriage › § 1004. Advertising marriage in another state.

§ 1004. Advertising marriage in another state.
A person is guilty of advertising marriage in another state when the person erects any sign or billboard, or publishes or distributes any material giving information relative to the performance of marriage in another state.
Advertising marriage in another state is a violation. In addition, a peace officer of this State may seize and destroy any sign, billboard or material which the officer observes in violation of this section.
11 Del. C. 1953, §  1004;  58 Del. Laws, c. 497, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter V. Offenses Relating to Children and Vulnerable Adults › § 1100A. Dealing in children; class E felony.

§ 1100A. Dealing in children; class E felony.
A person is guilty of dealing in a child if the person intentionally or knowingly trades, barters, buys or negotiates to trade, barter, buy or sell a child under the age of 18; provided, however, that payment of reasonable medical expenses related to the pregnancy and reasonable room and board to the providers of those services in conjunction with placement of a child for adoption in accordance with § 904(a)(2) of Title 13 shall not constitute a violation of this section.
Dealing in a child is a class E felony.
67 Del. Laws, c. 100, §  1;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 406, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter V. Offenses Relating to Children and Vulnerable Adults › § 1101. Abandonment of child; class E felony; class F felony.

§ 1101. Abandonment of child; class E felony; class F felony.
A person is guilty of abandonment of a child when, being a parent, guardian or other person legally charged with the care or custody of a child, the person deserts the child in any place intending permanently to abandon the child.
Abandonment of a child is a class E felony unless the child is 14 years of age or older. Abandonment of a child 14 years of age or older is a class F felony.
11 Del. C. 1953, §  1101;  58 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 33, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter V. Offenses Relating to Children and Vulnerable Adults › § 1102A. Abandonment of a baby at a safe haven as defense.

§ 1102A. Abandonment of a baby at a safe haven as defense.
(a) For purposes of this section, “baby” means as defined in § 902 of Title 16.
(b) In any prosecution for an offense under § 1101 or § 1102 of this title, it is a defense if the person surrendered care or custody of a baby directly to an employee or volunteer of a safe haven under § 907A(b) of Title 16, if the baby is surrendered alive, unharmed, and is in a safe place in the safe haven.
73 Del. Laws, c. 187, §§  1, 8;  75 Del. Laws, c. 376, §  1;  83 Del. Laws, c. 242, § 4;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter V. Offenses Relating to Children and Vulnerable Adults › § 1103. Child abuse in the fourth degree; class A misdemeanor.

§ 1103. Child abuse in the fourth degree; class A misdemeanor.
(a) A person is guilty of child abuse in the fourth degree when the person intentionally or recklessly causes physical injury to a child.
(b) Child abuse in the fourth degree is a class A misdemeanor.
78 Del. Laws, c. 406, §  3;  84 Del. Laws, c. 126, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter V. Offenses Relating to Children and Vulnerable Adults › § 1103A. Child abuse in the third degree; class D felony.

§ 1103A. Child abuse in the third degree; class D felony.
(a) A person is guilty of child abuse in the third degree when the person intentionally or recklessly causes physical injury to a child and any 1 of the following applies:
(1) The child is less than 6 years of age.
(2) The child has an intellectual, developmental, or physical disability.
(3) The injury was caused by means of a deadly weapon or dangerous instrument.
(b) For an offense under this section, it is not a defense that the person did not know the child's age or that the person reasonably believed the child to be 6 years of age or older.
(c) For an offense under this section, it is not a defense that the person did not know the child has an intellectual, developmental, or physical disability or that the person reasonably believed the child did not have an intellectual, developmental, or physical disability.
(d) Child abuse in the third degree is a class D felony.
78 Del. Laws, c. 406, §  3;  84 Del. Laws, c. 126, § 2;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter V. Offenses Relating to Children and Vulnerable Adults › § 1103B. Child abuse in the second degree; class B felony.

§ 1103B. Child abuse in the second degree; class B felony.
(a) A person is guilty of child abuse in the second degree when the person intentionally or recklessly causes serious physical injury to a child.
(b) Child abuse in the second degree is a class B felony.
(c) Notwithstanding any provision of this title to the contrary, any person who commits child abuse in the second degree must receive a minimum sentence of 5 years at Level V if any 1 of the following applies:
(1) The child is less than 6 years of age at the time of offense.
(2) The child has an intellectual, developmental, or physical disability.
(3) The injury was caused by means of a deadly weapon or dangerous instrument.
(d) For an offense under this section, it is not a defense that the person did not know the child's age or that the person reasonably believed the child to be 6 years of age or older.
(e) For an offense under this section, it is not a defense that the person did not know the child has an intellectual, developmental, or physical disability or that the person reasonably believed the child did not have an intellectual, developmental, or physical disability.
72 Del. Laws, c. 197, §  1;  78 Del. Laws, c. 406, §  3;  84 Del. Laws, c. 126, § 3;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter V. Offenses Relating to Children and Vulnerable Adults › § 1103C. Child abuse in the first degree; class A felony.

§ 1103C. Child abuse in the first degree; class A felony.
(a) A person is guilty of child abuse in the first degree when the person intentionally or recklessly causes serious physical injury to a child and that injury causes permanent disfigurement, permanent impairment of health, or permanent loss or impairment of a bodily organ.
(b) Child abuse in the first degree is a class A felony.
84 Del. Laws, c. 126, § 4;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter V. Offenses Relating to Children and Vulnerable Adults › § 1103D. Child torture; class B felony.

§ 1103D. Child torture; class B felony.
(a) As used in this section:
(1) “Torture” means a course of conduct consisting of 1 or more instances of any of the following acts which occur over a period of more than 24 hours and are done with malice or an extreme indifference to the well-being of the child:
a. Child abuse under §§ 1103, 1103A, 1103B, and 1103C of this title.
b. Maltreatment or emotional abuse of a child.
c. Deprivation of, or failure to provide, necessary care such as food, water, clothing, shelter, or medical care.
(2) “Torture” includes unreasonable or extended confinement or restraint, cruel punishment, or intentional or reckless failure to provide for the health, safety, medical, or nutritional needs of a child.
(b) A person is guilty of child torture if all of the following conditions are satisfied:
(1) The child is under the person's care, custody, or control, or the person is charged by law with or has assumed responsibility for the child's care.
(2) The person intentionally or recklessly commits or allows another person to commit torture to the child.
(c) Child torture is a class B felony.
(d) A charge under this section does not limit or preclude any other charge being brought against the person.
(e) The crime of child torture does not require any proof that the child suffered physical pain or physical injury.
84 Del. Laws, c. 126, § 5;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter V. Offenses Relating to Children and Vulnerable Adults › § 1103E. Continuous child abuse; class G or B felony.

§ 1103E. Continuous child abuse; class G or B felony.
(a) A person is guilty of continuous child abuse when the person intentionally or recklessly engages in 3 or more acts of child abuse under § 1103, § 1103A, § 1103B, § 1103C, or § 1103D of this title over a period of time not less than 3 weeks in duration.
(b) (1) Except as provided under paragraph (b)(2) of this section, continuous child abuse is a class G felony.
(2) When 3 or more of the acts of child abuse committed under subsection (a) of this section are acts under § 1103A, § 1103B, § 1103C, or § 1103D of this title, continuous child abuse is a class B felony.
84 Del. Laws, c. 126, § 6;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter V. Offenses Relating to Children and Vulnerable Adults › § 1104. Treatment of a child by a prayer as a defense to a charge of not providing medical care or treatment.

§ 1104. Treatment of a child by a prayer as a defense to a charge of not providing medical care or treatment.
In any prosecution for endangering the welfare of a child, except where it is alleged to be punishable under § 1102(b)(1) or (b)(2) of this title, which is based upon an alleged failure or refusal to provide proper medical care or treatment to an ill child, it is an affirmative defense that the accused is a member or adherent of an organized church or religious group, the tenets of which prescribe prayer as the principal treatment for illness, and treated or caused the ill child to be treated in accordance with those tenets; provided, that the accused may not assert this defense when the person has violated any laws relating to communicable or reportable diseases and to sanitary matters.
11 Del. C. 1953, §  1104;  58 Del. Laws, c. 497, §  1;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 451, §  3;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter V. Offenses Relating to Children and Vulnerable Adults › § 1106. Unlawfully dealing with a child; class B misdemeanor.

§ 1106. Unlawfully dealing with a child; class B misdemeanor.
A person is guilty of unlawfully dealing with a child when:
(1) The person knowingly permits a child less than 18 years old to enter or remain in a place where unlawful narcotics or dangerous drugs activity is maintained or conducted; or
(2) The person knowingly permits a child less than 18 years old to enter or remain in a place where unlawful sexual activity is maintained or conducted; or
(3) The person knowingly permits a child less than 18 years old to enter or remain in a place where gambling activity which is made unlawful by this Criminal Code is maintained or conducted; or
(4) The person, being the proprietor or person in charge of any dance house, concert saloon, theater, museum or similar place of amusement, where wines or spirituous or malt liquors are sold or given away, knowingly admits or permits to remain therein any minor under the age of 18 years, unless accompanied by a parent or guardian.
Unlawfully dealing with a child is a class B misdemeanor.
11 Del. C. 1953, §  1106;  58 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  68 Del. Laws, c. 384, §  1;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 318, §  1;  73 Del. Laws, c. 425, §§  1, 2;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter V. Offenses Relating to Children and Vulnerable Adults › § 1107. Endangering children; unclassified misdemeanor.

§ 1107. Endangering children; unclassified misdemeanor.
A person is guilty of endangering children when the person negligently abandons or leaves unattended in any place accessible to children any refrigerator, icebox or similar airtight box or container which has a locking device inoperable from within, without first unhinging and removing the door or lid thereof or detaching the locking device from the door or lid. Nothing in this section prohibits the normal use of a refrigerator, icebox or freezer for the storage of food.
Endangering children is an unclassified misdemeanor.
11 Del. C. 1953, §  1107;  58 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter V. Offenses Relating to Children and Vulnerable Adults › § 1108. Sexual exploitation of a child; class B or D felony.

§ 1108. Sexual exploitation of a child; class B or D felony.
A person is guilty of sexual exploitation of a child when:
(1) The person knowingly, photographs or films a child engaging in a prohibited sexual act or in the simulation of such an act, or otherwise knowingly creates a visual depiction of a child engaging in a prohibited sexual act or in the simulation of such an act; or
(2) The person knowingly, finances or produces any motion picture, video or other visual depiction of a child engaging in a prohibited sexual act or in the simulation of such an act; or
(3) The person knowingly publishes or makes available for public distribution or sale by any means, including but not limited to computer, any book, magazine, periodical, pamphlet, photograph, Internet site or web page which depicts a child engaging in a prohibited sexual act or in the simulation of such an act, or knowingly publishes or makes available for public distribution or sale by any means, including computer, any other visual depiction of a child engaging in a prohibited sexual act or in the simulation of such an act; or
(4) The person permits, causes, promotes, facilitates, finances, produces or otherwise advances an exhibition, display or performances of a child engaging in a prohibited sexual act or the simulation of such an act.
Sexual exploitation of a child is a class B felony unless the prohibited sex act is “partial nudity” as defined in § 1100 of this title, then it is a class D felony.
61 Del. Laws, c. 179, §  3;  63 Del. Laws, c. 28, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 480, §§  5-7;  83 Del. Laws, c. 410, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter V. Offenses Relating to Children and Vulnerable Adults › § 1110. Subsequent convictions of § 1108 or § 1109 of this title; class B felony.

§ 1110. Subsequent convictions of § 1108 or § 1109 of this title; class B felony.
Any person convicted of a class B felony under § 1109 of this title who is convicted of a second or subsequent violation of that section shall, upon such second or subsequent conviction, be guilty of a class B felony. Any person convicted of a class B felony under § 1108 of this title who is convicted of a second or subsequent violation of that section shall, upon such second or subsequent conviction, be sentenced to life imprisonment.
61 Del. Laws, c. 179, §  5;  67 Del. Laws, c. 130, §  8;  83 Del. Laws, c. 410, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter V. Offenses Relating to Children and Vulnerable Adults › § 1110A. Exclusion for §§ 1108 and 1109 of this title.

§ 1110A. Exclusion for §§ 1108 and 1109 of this title.
Where the underlying prohibited sexual act is “partial nudity” as defined in § 1100 of this title, a person can only be guilty of sexual exploitation of a child under § 1108 of this title or dealing in child pornography under § 1109 of this title if the person is 18 years of age or older.
83 Del. Laws, c. 410, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter V. Offenses Relating to Children and Vulnerable Adults › § 1111. Possession of child pornography; class F felony.

§ 1111. Possession of child pornography; class F felony.
A person is guilty of possession of child pornography when:
(1) The person knowingly possesses any visual depiction of a child engaging in a prohibited sexual act or in the simulation of such an act; or
(2) The person knowingly possesses any visual depiction which has been created, adapted, modified or edited so as to appear that a child is engaging in a prohibited sexual act or in the simulation of such an act.
Possession of child pornography is a class F felony.
67 Del. Laws, c. 202, §  1;  71 Del. Laws, c. 467, §§  3, 4;  72 Del. Laws, c. 480, §  15;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter V. Offenses Relating to Children and Vulnerable Adults › § 1112. Sexual offenders; prohibitions from school zones.

§ 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) “Sex offender” means as defined in § 4121 of this title.
(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;  80 Del. Laws, c. 175, §  7;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter V. Offenses Relating to Children and Vulnerable Adults › § 1112A. Sexual solicitation of a child; class C felony; class B felony.

§ 1112A. Sexual solicitation of a child; class C felony; class B 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 to engage in a prohibited sexual act; or
(2) Uses a computer, cellular telephone or other electronic device to communicate with another person, including a child, to solicit, request, command, importune, entice, encourage or otherwise attempt to cause a child to engage in a prohibited sexual act.
(3) [Repealed.]
(b) For purposes of this section, “child” means:
(1) An individual who is younger than 18 years of age; or
(2) An individual who represents himself or herself to be younger than 18 years of age; or
(3) An individual whom the person committing the offense believes to be younger than 18 years of age.
(c) 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 in the instance of any manner of electronic communication or other communication that does not occur in person, the offense is committed in this State if such communication either originated in this State or is received in this State.
(d) For the purposes of this section, and notwithstanding any section of this title to the contrary, it is a defense to prosecution that at the time the conduct described in subsection (a) of this section occurred the person was married to the child.
(e) For the purposes of this section, it is not a defense to prosecution that at the time the conduct described in subsection (a) of this section occurred:
(1) The solicited prohibited sexual act did not occur; or
(2) The person was engaged in a fantasy or role playing at the time of the commission of the offense.
(f) 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.
(g) Sexual solicitation of a child is a class C felony, except as provided in subsection (h) of this section.
(h) Sexual solicitation of a child is a class B felony if the defendant meets in person or attempts to meet in person with the child for the purpose of engaging in a prohibited sexual act.
71 Del. Laws, c. 467, §  5;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 148, §  37;  79 Del. Laws, c. 262, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter V. Offenses Relating to Children and Vulnerable Adults › § 1112B. Promoting sexual solicitation of a child.

§ 1112B. Promoting sexual solicitation of a child.
(a) A person is guilty of promoting sexual solicitation of a child if the person, being 18 years of age or older, intentionally or knowingly:
(1) Promotes, entices, offers, encourages, solicits or otherwise attempts to cause any child to engage in a prohibited sexual act; or
(2) Uses a computer, cellular telephone, or other electronic device to communicate with another person to solicit, request, command, importune, entice, encourage or otherwise attempt to cause that person to engage in a prohibited sexual act with a child.
(b) For purposes of this section, “child” means:
(1) An individual who is younger than 18 years of age; or
(2) An individual who represents himself or herself to be younger than 18 years of age; or
(3) An individual whom the person committing the offense believes to be younger than 18 years of age.
(c) 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 in the instance of any manner of electronic communication or other communication that does not occur in person, the offense is committed in this State if such communication either originated in this State or is received in this State.
(d) For the purposes of this section, it is not a defense to prosecution that at the time the conduct described in subsection (a) of this section occurred:
(1) The solicited prohibited sexual act did not occur; or
(2) The person was engaged in a fantasy or role playing at the time of the commission of the offense.
(e) 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.
(f) Promoting sexual solicitation is a class C felony except as provided in subsection (g) of this section.
(g) Promoting sexual solicitation of a child is a class B felony if the defendant meets in person or attempts to meet in person with another person and a child, or otherwise produces or delivers a child to another person, for the purpose of the person engaging in a prohibited sex act with the child.
79 Del. Laws, c. 262, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter V. Offenses Relating to Children and Vulnerable Adults › § 1112C. Enticement for purposes of sexual contact; class F felony.

§ 1112C. Enticement for purposes of sexual contact; class F felony.
(a) A person is guilty of enticement if the person, being 18 years of age or older and at least 4 years older than a child, knowingly engages in a course of conduct to persuade, induce, entice, or coerce that involves or results in the person gaining access to and time alone with that child, with the intent of building trust with that child for the purpose of ultimately engaging in sexual contact or penetration with that child.
(b) For purposes of this section, “child” means any individual who is younger than 18 years of age.
(c) For purposes of this section, “a course of conduct” means 3 or more separate incidents that a reasonable person would find inappropriate, in isolation or collectively, given the nature and circumstances of the relationship between the person and the child, including:
(1) Showing, offering, or sending the child sexually-explicit materials, including images, videos, audio recordings, or any other depiction of sexual activity;
(2) Exposing the child to sexually-explicit language or jokes;
(3) Making comments to the child about that child's sexual or physical development;
(4) Bathing the child;
(5) Walking in on the child who is changing clothes or using the toilet, or watching the child do either;
(6) Asking the child to watch an adult change clothes or use the toilet;
(7) Taking pictures of or videorecording the child while the child is nude or wearing only underwear;
(8) Wrestling the child in underwear or while nude;
(9) Tickling the child;
(10) Playing games with the child that involve touching genitalia;
(11) Buying the child gifts that are not in celebration of a holiday or birthday;
(12) Giving special privileges to the child, such as car rides to or from school or practices; or
(13) Committing any sexual offense, as defined in subpart D of subchapter II of Chapter 5 of this title, or any attempt or solicitation to commit any such sexual offense, against the child;
(d) A conviction is not required for any predicate act relied upon to establish a course of conduct. A conviction for any predicate act relied upon to establish a course of conduct does not preclude prosecution under this section. Nothing in this section shall preclude a separate charge, conviction, or sentence for any other crime set forth in this title, or in the Delaware Code.
(e) For the purposes of this section, it is not a defense to prosecution that no sexual contact or penetration actually occurred.
(f) Enticement for purposes of sexual contact is a class F felony.
83 Del. Laws, c. 409, § 1;  70 Del. Laws, c. 186, §  1;  84 Del. Laws, c. 42, § 1;  84 Del. Laws, c. 233, § 12;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter V. Offenses Relating to Children and Vulnerable Adults › § 1114. Body-piercing, tattooing or branding; consent for minors; civil and criminal penalties.

§ 1114. Body-piercing, tattooing or branding; consent for minors; civil and criminal penalties.
(a) No person shall knowingly or negligently tattoo, brand or perform body-piercing on a minor unless that person obtains the prior written consent of the minor's parent over the age of 18 or legal guardian to the specific act of tattooing, branding or body-piercing.
(b) No person shall tattoo, brand or perform body-piercing on another person if the other person is under the influence of alcoholic beverages, being beer, wine or spirits or a controlled substance.
(c) Consent forms required by subsection (a) of this section shall be notarized.
(d) (1) A person who violates this section shall be guilty of a class B misdemeanor for the first offense or a class A misdemeanor for a second or subsequent offense. The Court of Common Pleas shall have original jurisdiction over these offenses for those 18 years of age or older, and the Family Court shall have original jurisdiction for those under the age of 18 at the time of the offense.
(2) In any prosecution for an offense under this subsection, it shall be an affirmative defense that the individual, who has not reached the age of 18, presented to the accused identification, with a photograph of such individual affixed thereon, which identification sets forth information which would lead a reasonable person to believe such individual was 18 years of age or older. A photocopy of the identification shall be attached to the information card that a customer shall complete at the time that the tattoo, body-piercing or branding is obtained.
(e) A person who violates subsection (a) of this section is liable in a civil action for actual damages or $1,000, whichever is greater, plus reasonable court costs and attorney fees.
(f) As used in this section:
(1) “Body-piercing” means the perforation of human tissue excluding the ear for a nonmedical purpose.
(2) “Branding” means a permanent mark made on human tissue by burning with a hot iron or other instrument.
(3) “Controlled substance” means that term as defined in Chapter 47 of Title 16.
(4) “Minor” means an individual under 18 years of age who is not emancipated.
(5) “Tattoo” means 1 or more of the following:
a. An indelible mark made upon the body of another person by the insertion of a pigment under the skin.
b. An indelible design made upon the body of another person by production of scars other than by branding.
(6) Nothing in this section shall require a person to tattoo, brand or body pierce a minor with parental consent if the person does not regularly tattoo, brand or body pierce customers under the age of 18.
71 Del. Laws, c. 243, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter V. Offenses Relating to Children and Vulnerable Adults › § 1114A. Tongue-splitting; class A misdemeanor; class B misdemeanor; class G felony; additional civil penalties.

§ 1114A. Tongue-splitting; class A misdemeanor; class B misdemeanor; class G felony; additional civil penalties.
(a) A person is guilty of tongue-splitting in the first degree if the person is neither a physician nor a dentist, holding a valid license issued under the laws of the State of Delaware, and the person performs an act of tongue-splitting on any other person in this State. Tongue-splitting in the first degree is a class A misdemeanor.
(b) A doctor or dentist is guilty of tongue-splitting in the second degree if the doctor or dentist performs an act of tongue-splitting in this State and the person on whom the act of tongue-splitting is performed is either:
(1) Under the influence of alcohol or a controlled substance; or
(2) Is a minor and the person has failed to obtain the prior written and notarized consent of the minor's adult parent or legal guardian to the specific act of tongue-splitting.
Tongue-splitting in the second degree is a class B misdemeanor.
(c) Any person found guilty of a second or subsequent violation of this section is guilty of a class G felony for such second or subsequent offense.
(d) In any prosecution for an offense under paragraph (b)(2) of this section, it shall be an affirmative defense that the accused was presented with a piece of photo identification by the person on whom the accused performed the procedure setting forth such information that would lead a reasonable person to believe the individual was the person pictured on the identification and that the person was 18 years of age or older. Failure of the accused to present a photocopy of the identification to the court when raising a defense under this subsection shall be affirmative proof that no such identification exists.
(e) An act of tongue-splitting performed in violation of subsection (a) of this section constitutes both the practice of medicine without a license and the practice of dentistry without a license. Nothing in this section shall prohibit prosecution under the provisions of either § 1134 of Title 24 relating to the practice of dentistry without a license, or § 1766 of Title 24 relating to the practice of medicine without a license, or both.
(f) In addition to the penalties set forth herein, any person who has performed an act of tongue-splitting in violation of this section shall be held liable in a civil action, brought by any person aggrieved by such act, for actual damages or $1,000, whichever is greater; plus reasonable court costs and attorney fees.
(g) For the purposes of this section “tongue-splitting” means the surgical procedure of cutting a human tongue into 2 or more parts giving it a forked or multi-tipped appearance.
74 Del. Laws, c. 340, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter V. Offenses Relating to Children and Vulnerable Adults › § 1116. Sale or distribution of tobacco products or tobacco substitutes to individuals under the age of 21 years.

§ 1116. Sale or distribution of tobacco products or tobacco substitutes to individuals under the age of 21 years.
(a) It shall be unlawful for any person to sell or distribute any tobacco product or tobacco substitute to an individual who has not attained the age of 21 years or to purchase any tobacco product or tobacco substitute on behalf of an individual under 21 years of age.
(b) A person engaged in the sale or distribution of tobacco products or tobacco substitutes shall have the right to demand proof of age from a prospective purchaser or recipient of such products.
(c) A person engaged in the sale or distribution of tobacco products or tobacco substitutes shall demand proof of age from a prospective purchaser or recipient of such products who is under 30 years of age.
70 Del. Laws, c. 318, §  4;  77 Del. Laws, c. 180, §  1;  79 Del. Laws, c. 249, §  1;  82 Del. Laws, c. 10, § 2;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter V. Offenses Relating to Children and Vulnerable Adults › § 1117. Notice.

§ 1117. Notice.
A person engaged in the sale or distribution of tobacco products or tobacco substitutes shall post conspicuously at each point of purchase and each tobacco vending machine a notice stating that selling tobacco products or tobacco substitutes to anyone under 21 years of age is illegal, that the purchase of tobacco products or tobacco substitutes by anyone under 21 years of age is illegal and that a violator is subject to fines. The notice shall also state that all persons selling tobacco products or tobacco substitutes are required, under law, to check the proof of age of any purchaser of tobacco products or tobacco substitutes under the age of 30 years. The notice shall include a toll-free telephone number to the Department of Safety and Homeland Security for persons to report unlawful sales of tobacco products or tobacco substitutes. The owners of an establishment who fail to post a notice in compliance with this section shall be subject to a fine of $100.
70 Del. Laws, c. 318, §  4;  74 Del. Laws, c. 110, §  138;  77 Del. Laws, c. 180, §  2;  79 Del. Laws, c. 249, §  1;  82 Del. Laws, c. 10, § 3;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter V. Offenses Relating to Children and Vulnerable Adults › § 1118. Distribution of samples or coupons.

§ 1118. Distribution of samples or coupons.
(a) It shall be unlawful for any person to distribute tobacco product or tobacco substitute samples or coupons for subsequent receipt of free or discounted tobacco products or tobacco substitutes to an individual who has not attained the age of 21 years.
(b) A person engaged in sampling shall have the right to demand proof of age from a prospective recipient of samples or of coupons for the redemption of tobacco products or tobacco substitutes.
70 Del. Laws, c. 318, §  4;  79 Del. Laws, c. 249, §  1;  82 Del. Laws, c. 10, § 4;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter V. Offenses Relating to Children and Vulnerable Adults › § 1119. Distribution of tobacco products or tobacco substitutes through vending machines.

§ 1119. Distribution of tobacco products or tobacco substitutes through vending machines.
(a) It shall be unlawful for any person to distribute or permit the distribution of tobacco products or tobacco substitutes through the operation of a vending machine in a public place, except as provided in subsection (b) of this section.
(b) Pursuant to subsection (a) of this section, a person may distribute or permit the distribution of tobacco products or tobacco substitutes through the operation of a vending machine in a taproom, tavern, tobacco shop or in premises in which an individual who has not attained the age of 21 years is prohibited by law from entering. A tobacco vending machine must be operated a minimum of 25 feet from any entrance to the premises and must be directly visible to the owner or supervisor of the premises.
(c) It shall be unlawful for any person who owns, operates or manages a business establishment where tobacco products or tobacco substitutes are offered for sale over the counter at retail to maintain such products in any display accessible to customers that is not under the control of a cashier or other employee. This prohibition shall not apply to business establishments to which individuals under the age of 21 are not admitted unless accompanied by an adult, tobacco vending machines as permitted under subsection (b) of this section, or tobacco stores. As used in this subsection, “under the control” means customers cannot readily access the tobacco products or tobacco substitutes without the assistance of a cashier or other employee. A display that holds tobacco products or tobacco substitutes behind locked doors shall be construed as under the control of a cashier or other employee.
70 Del. Laws, c. 318, §  4;  72 Del. Laws, c. 472, §  2;  77 Del. Laws, c. 180, §  3;  79 Del. Laws, c. 249, §  1;  82 Del. Laws, c. 10, § 5;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter V. Offenses Relating to Children and Vulnerable Adults › § 1120. Distribution of tobacco products.

§ 1120. Distribution of tobacco products.
(a) No person shall distribute a tobacco product for commercial purposes unless the product is in a sealed package provided by the manufacturer with the required health warning and tax stamp.
(b) No person shall distribute any pack of cigarettes containing fewer than 20 cigarettes.
70 Del. Laws, c. 318, §  4;  72 Del. Laws, c. 472, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter V. Offenses Relating to Children and Vulnerable Adults › § 1121. Penalties.

§ 1121. Penalties.
(a) (1) Notwithstanding any other provision of Delaware law, a person who violates § 1116, § 1118, § 1119, or § 1120 of this title regarding an individual who is under 18 years old is guilty of a violation and is fined $250 for the first offense, $500 for the second offense, and $1,000 for the third and all subsequent offenses.
(2) Notwithstanding any other provision of Delaware law, a person who violates § 1116, § 1118, § 1119, or § 1120 of this title regarding an individual who is at least age 18 years old but fewer than 21 years old is subject to a civil penalty as follows:
a. For a first occurrence, fined $250.
b. For a second occurrence, fined $500.
c. For a third or subsequent occurrence, fined $1,000.
(3) a. Notwithstanding any other provision of Delaware law, a person who violates § 1116, § 1118, § 1119, or § 1120 of this title is subject to a civil penalty for selling or distributing any of the following:
1. A tobacco substitute that does not contain nicotine.
2. A tobacco product under paragraph § 1115(9)b. of this title.
b. The civil penalty under paragraph (3)a. of this section is as follows:
1. For a first occurrence, fined $250.
2. For a second occurrence, fined $500.
3. For a third or subsequent occurrence, fined $1,000.
(b) Additionally, and notwithstanding any other provision of Delaware law, in imposing a penalty for a second, third, or other subsequent offense under this subpart, the court may order the Department of Finance to suspend the defendant's license for sale of tobacco products, issued under § 5307 of Title 30, for a period not to exceed 6 months. Upon the suspension of such license, the court shall advise the Department of Finance of the suspension in writing. The holder of the license shall surrender the license to the Department of Finance and no refund of fees will be paid. For purposes of this subpart, a subsequent offense is one that occurs within 12 months of a prior like offense.
70 Del. Laws, c. 318, §  4;  82 Del. Laws, c. 10, § 6;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter V. Offenses Relating to Children and Vulnerable Adults › § 1122. Affirmative defense.

§ 1122. Affirmative defense.
In any prosecution for an offense under this subpart, it shall be an affirmative defense that the purchaser or recipient of tobacco products or tobacco substitutes who had not reached the age of 21 years presented to the accused proof of age which set forth information that would lead a reasonable person to believe that such individual was 21 years of age or older.
70 Del. Laws, c. 318, §  4;  79 Del. Laws, c. 249, §  1;  82 Del. Laws, c. 10, § 7;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter V. Offenses Relating to Children and Vulnerable Adults › § 1123. Liability of employer.

§ 1123. Liability of employer.
(a) If a sale or distribution of any tobacco product or tobacco substitute or coupon is made in violation of § 1116, § 1118, § 1119, or § 1120 of this title, the owner, proprietor, franchisee, store manager or other person in charge of the establishment where the violation occurred shall be guilty of the violation and shall be subject to the fine only if the retail licensee has received written notice of the provisions of §§ 1116 through 1121 of this title by the Department of Safety and Homeland Security. For purposes of determining the liability of a person who owns or controls franchises or business operations in multiple locations, for a second or subsequent violation of this subpart, each individual franchise or business location shall be deemed a separate establishment.
(b) Notwithstanding any other provision of this subpart, in any prosecution for a violation of § 1116, § 1118, or § 1120 of this title, the owner, proprietor, franchisee, store manager, or other person in charge of the establishment where the alleged violation occurred has an affirmative defense if the person or entity can establish that before the date of the violation, the person or entity did all of the following:
(1) Adopted and enforced a written policy against selling tobacco products or tobacco substitutes to individuals under 21 years of age.
(2) Informed its employees of the applicable laws regarding the sale of tobacco products or tobacco substitutes to individuals under 21 years of age.
(3) Required employees to sign a form indicating that they have been informed of and understand the written policy required under this subsection.
(4) Required employees to verify the age of tobacco product or tobacco substitute customers by means of photographic identification.
(5) Established and enforced disciplinary sanctions for noncompliance.
(c) The affirmative defense established in subsection (b) of this section may be used by an owner, proprietor, franchisee, store manager, or other person in charge of the establishment no more than 1 time at each location within any 36-month period.
70 Del. Laws, c. 318, §  4;  72 Del. Laws, c. 69, §  1;  74 Del. Laws, c. 110, §  138;  79 Del. Laws, c. 249, §  1;  82 Del. Laws, c. 10, § 8;  83 Del. Laws, c. 37, § 7;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter V. Offenses Relating to Children and Vulnerable Adults › § 1125. Unannounced inspections; reporting; enforcement.

§ 1125. Unannounced inspections; reporting; enforcement.
(a) The Department of Safety and Homeland Security or its delegates shall conduct annual, random, unannounced inspections at locations where tobacco products or tobacco substitutes are sold or distributed to test and ensure compliance with and enforcement of §§ 1116 through 1120 of this title.
(b) An individual under the age of 21 may be enlisted by the Department of Safety and Homeland Security or its delegates to test compliance with and enforcement of §§ 1116 through 1120 of this title, provided however, that the individual may be used only under the direct supervision of the Department of Safety and Homeland Security, its employees or delegates and only where written parental consent has been provided for an individual under the age of 18.
(c) Participation in the inspection and enforcement activities of this section by an individual under 21 years of age shall not constitute a violation of this subpart for the individual under 21 years of age, and the individual under 21 years of age is immune from prosecution thereunder, or under any other provision of law prohibiting the purchase of these products by an individual under 21 years of age.
(d) The Department of Safety and Homeland Security shall adopt and publish guidelines for the use of individuals under 21 years of age in inspections conducted under this section.
(e) The Department of Safety and Homeland Security may enter into an agreement with any local law-enforcement agency for delegation of the inspection and enforcement activities of this section within the local law-enforcement agency's jurisdiction. The contract shall require the inspection and enforcement activities of the local law-enforcement agency to comply with this subpart and with all applicable laws.
(f) In cases where inspection and enforcement activities have been delegated to a local law-enforcement agency pursuant to this section, any inspection or enforcement by the Department of Safety and Homeland Security in the jurisdiction of the local law-enforcement agency shall be coordinated with the local law enforcement agency.
(g) The Delaware Department of Health and Social Services shall annually submit to the Secretary of the United States Department of Health and Human Services the report required by § 1926 of the federal Public Health Service Act (42 U.S.C. § 300x-26). A copy of this report shall be available to the Governor and the General Assembly.
70 Del. Laws, c. 318, §  4;  74 Del. Laws, c. 110, §  138;  79 Del. Laws, c. 249, §  1;  82 Del. Laws, c. 10, § 10;  83 Del. Laws, c. 37, § 8;