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Current as of January 01, 2022 | Updated by FindLaw Staff
(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.
Cite this article: FindLaw.com - Delaware Code Title 11. Crimes and Criminal Procedure § 1112C. Enticement for purposes of sexual contact; class F felony - last updated January 01, 2022 | https://codes.findlaw.com/de/title-11-crimes-and-criminal-procedure/de-code-sect-11-1112c/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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