Delaware Age of Consent Laws: Statutes, Penalties and Reporting

Delaware's age-based criminal protections for minors reach age 16 for any person under 11 Del. C. § 770(a)(1) and age 18 for sexual contact with no stated age for the other person (§ 768) and for sexual intercourse where the other person is 30 or older (§ 770(a)(2)) or stands in a position of trust, authority or supervision (§ 778), and most of the structure is tiered by the minor's age, the other person's age and the age difference.

To report a concern: if a child is in immediate danger, call 911. For Delaware, the Kids Department contact page says: "please call the Delaware Child Abuse and Neglect Report Line at 1-800-292-9582." The Childhelp National Child Abuse Hotline (1-800-422-4453, call or text) can help you figure out where and how to report. Online exploitation can be reported to the NCMEC CyberTipline at report.cybertip.org or 1-800-843-5678.

Information last verified on 2026-09-29. This article has not yet been reviewed by a licensed lawyer. It is legal-reference information, not legal advice.

This page covers Delaware's criminal statutes on sexual offenses involving minors. Federal law is summarized on the age of consent laws by state hub. Each cite links to the official Delaware Code page for the relevant chapter.

This page describes the main age-based sexual offense statutes. Other Delaware statutes also protect minors, and one of them can apply even where none of the offenses described here does.

How Delaware law protects minors by age

Delaware's age-based protections are set out mainly in the rape degrees, the unlawful sexual contact offenses and the position-of-trust offenses in Title 11, chapter 5, subchapter II, and each offense sets its own age lines. The table shows the main tiers.

Under 12 and under 14

Rape in the first degree includes the circumstance where "the victim has not yet reached that victim's twelfth birthday, and the defendant has reached that defendant's eighteenth birthday" (§ 773(a)(5)). Rape in the third degree also covers a victim who has not reached age 14 where the person has reached age 19 and is not otherwise subject to prosecution under § 772 or § 773 (§ 771(a)(1)). Rape in the second degree, a class B felony with a minimum sentence of 10 years at Level V, includes sexual penetration where "the victim has not yet reached that victim's twelfth birthday, and the defendant has reached that defendant's eighteenth birthday" (§ 772(a)(2)g., (c)). Separately, a person 18 or older convicted of a "dangerous crime against a child," defined as listed sexual conduct against a minor under 14, is guilty of a class B felony, and a second offense carries a mandatory sentence of life imprisonment (§ 777).

Under 16

Rape in the fourth degree covers sexual intercourse with a person who "has not yet reached that victim's sixteenth birthday" (§ 770(a)(1)), and sexual penetration where the victim has not reached the sixteenth birthday (§ 770(a)(3)b.). Neither provision states a minimum age for the other person. Separately, rape in the third degree applies where the victim is under 16 and the person is at least 10 years older (§ 771(a)(1)).

Ages 16 and 17

For a victim who has reached 16 but not 18, rape in the fourth degree applies where "the person is 30 years of age or older" (§ 770(a)(2)). The position-of-trust offenses in § 778, described below, reach victims in this age range as well, and so does unlawful sexual contact in the second degree under § 768, which states no age for the other person.

Sexual contact and related offenses under 18

Unlawful sexual contact in the second degree, a class F felony, applies when a person "intentionally has sexual contact with another person who is less than 18 years of age" (§ 768). The section states no age for the other person. Unlawful sexual contact in the first degree, a class D felony, includes sexual contact with a person "less than 13 years of age" (§ 769(a)(3)). Continuous sexual abuse of a child, a class B felony, covers a person who resides in the same home as, or has recurring access to, a child under 18 and engages in 3 or more listed sexual acts with the child over a period of at least 3 months (§ 776).

Patronizing a prostitute is a class E felony "if the person from whom prostitution is sought is a minor" (§ 1343(b)(2)). Advancing or profiting from prostitution of a person less than 18 years old is promoting prostitution in the second degree (class E felony), and of a person less than 16 years old is promoting prostitution in the first degree (class C felony) (§§ 1352(2), 1353(2)).

Teenage-defendant affirmative defense

Section 762(d) is titled "Teenage defendant." It applies to sexual offenses in which the victim's age is an element because the victim has not yet reached age 16, where the person committing the act is no more than 4 years older than the victim. In that case the statute makes it an affirmative defense that the victim consented to the act "knowingly," as defined in 11 Del. C. § 231.

The provision is a defense that must be raised, not an element of the offense, and it does not change the offense definitions above. By its terms it "will not apply if the victim had not yet reached that victim's twelfth birthday at the time of the act."

Positions of trust, authority or supervision

Section 778 creates the offense of sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree. It covers sexual intercourse or penetration with a child under 16 (paragraphs (1) and (2)) or with a child who has reached 16 but not 18 (paragraphs (3) and (4)), and sexual extortion, as defined in § 774, of a child under 16 (paragraph (5), a class D felony). It also reaches a person who is an invitee or designee of someone in that position. Section 778A defines the second-degree offense, which this page does not describe in detail.

Under § 761(e), "position of trust, authority or supervision over a child" includes, but is not limited to:

• familial, guardianship or custodial authority or supervision;
• a teacher, coach, counselor, advisor, mentor or other person providing instruction or educational services to a child;
• a babysitter, child care provider or aide, a health professional, clergy, and law-enforcement or correctional and counseling institution staff, as the section lists them; and
• any other person with regular direct contact who assumes responsibility for the child's care or supervision.

Penalties

Delaware grades each offense by felony class, and the ranges come from 11 Del. C. § 4205(b). The grades below are stated in the offense sections.

The statutes also contain enhanced provisions. Rape in the first degree and the first-degree position-of-trust offense carry a life-imprisonment provision, without probation, parole or other reduction, where listed aggravating factors exist, such as serious physical injury to a victim under 16 (§ 773(c), § 778(6)). On the State's application, 11 Del. C. § 4205A provides for 25 years to life for certain listed offenses where a prior class A or B sex offense exists or the victim is under 14. The statute text controls.

Sex offender registration

Under 11 Del. C. § 4121(a)(4)a., a person convicted of an offense in §§ 765 through 780 (which include §§ 770, 771, 773 and 778) is a "sex offender." The court assigns a Risk Assessment Tier. Under § 4121(d), Tier III includes, among other offenses, rape in the first and second degree, rape in the third degree if the offense involved a child under 13 or force, threat of physical violence or lack of consent, unlawful sexual contact in the first degree, continuous sexual abuse of a child and first-degree sexual abuse by a person in a position of trust. Tier II includes, among others, other rape in the third degree, rape in the fourth degree and unlawful sexual contact in the second degree. On the State's motion, the court may assign a higher tier in listed circumstances.

Petitions for relief from designation exist but are limited by tier, offense and the passage of time, and the statute bars relief for Tier II or III offenders where the victim was under 12 (with an exception for a person who was under 18 at the time of the crime). Read § 4121 for the current conditions.

Recent changes

The session-law history lines after §§ 762, 770, 771, 773 and 778 on the official Delaware Code site show no 2023 to 2026 acts. Section 761 (definitions) lists 84 Del. Laws c. 42 (2023), which was not opened for this check, and the same subchapter shows 2025-2026 session laws on other sections (85 Del. Laws c. 223 on § 774 and c. 321 adding § 762A), with none on the sections described here. Currency therefore rests on the code page history lines as of the verification date.

Where to report

If a child is in immediate danger, call 911. The Delaware Kids Department contact page says to call the Delaware Child Abuse and Neglect Report Line at 1-800-292-9582. The national Childhelp hotline and the NCMEC CyberTipline are listed in the box near the top of this page.

Disclaimer

This page is general legal information about Delaware criminal statutes as verified on 2026-09-29. It is not legal advice. Statutes change, summaries simplify, and the statute text controls. Anyone with a specific situation should consult a lawyer licensed in Delaware.

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Frequently Asked Questions

What does 'position of trust, authority or supervision' mean in Delaware's statutes?

Section 761(e) says it includes familial, guardianship or custodial authority, and teachers, coaches, counselors, advisors, mentors and others who provide instruction or educational services. It also lists other roles such as child care providers, health professionals and clergy, and any person with regular direct contact who takes responsibility for a child's care or supervision. The list is not exclusive.

Is the 4-year provision in section 762(d) part of the offense?

No. It is written as an affirmative defense. It applies where the victim's age is an element because the victim has not reached 16 and the person is no more than 4 years older, and it does not apply if the victim was under 12.

Where can the statute text be read?

Each section cited on this page links to the official Delaware Code site. The statute text controls over any summary.