Laws Pertaining to Sexting in the State of Delaware

Currently, Delaware could prosecute individuals, Delaware regardless of age, who are caught creating, distributing or possessing sexually explicit images of a minor under the State’s child pornography laws.

Legislative Summary

Delaware does not have a specific statute that addresses sexting. Therefore, anyone who is caught sending or receiving an image of a minor engaged in a sexually explicit act will be subject to prosecution under the State’s child pornography laws. In general, under Delaware child pornography laws an individual could be charged with any or all of the following felonies: Sexual Exploitation of a Child, Possession of Child Pornography, and/or Dealing in Child Pornography. If an individual is convicted of a felony involving a child they will generally need to register with the State as a sex offender.

Law and Punishment

Sexual Exploitation of a Child is a Class B felony and an individual will have violated the statute if he or she:

  • Knowingly photographs or films a minor engaging in a prohibited sexual act or creating a visual depiction of a child engaging in a prohibited sexual act
  • Knowingly publishes or distributes or sells an explicit image of a minor
  • Knowing causes or promotes the production of an image of a minor engaging in or simulating a sexual act
  • Knowingly finance a sexually explicit image of a minor

Punishment of up to 25 years imprisonment

Possession of Child Pornography is generally defined as:

  • Any person who knowingly possesses child pornography is guilty of a Class F felony

Punishment of up to 3 years imprisonment

Dealing in Child Pornography is a Class B Felony and is generally defined as:

  • Person knowingly ships, transmits through any method a minor engaged in a sexual act or simulating a sexual act
  • Person receives an image of a minor engaged in or simulating a sexual act for purposes of selling
  • Any person who distributes or disseminates by any means an image of minor engaged in or simulating a sexual act

Punishment of up to 25 years imprisonment

sobering reality

Class B or F felony.

Up to 25 years in jail.

Registration as a sex offender.

Latest News Concerning Sexting in Delaware

Milford man charged with child exploitation and child pornography

Division of State Police | December 6, 2010

Teen’s ’Sexting’ Conviction Upheld

EDGE | September 24, 2009

Vice Principal Admits to Sexting Students

NBC Philadelphia | March 18, 2011

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