Delaware Sexting Laws: Legal Consequences and Penalties

Delaware has no dedicated teen sexting law, so minors who send or receive explicit images face the same felony child pornography statutes as adults under 11 Del. C. sections 1108 and 1109. The only narrow exception, 11 Del. C. section 1110A, shields minors from those charges when an image shows only partial nudity.

Overview of Delaware Sexting Laws

Delaware does not have a stand-alone teen sexting statute. When a minor sends, receives, or possesses a sexually explicit image of another minor, prosecutors rely on the same child pornography and sexual exploitation statutes that apply to adults. That means a 16-year-old who texts a nude selfie to a boyfriend or girlfriend could face the same category of felony charges as a predatory adult.

The only narrow carve-out is 11 Del. C. § 1110A, which shields minors from the most serious charges when the image shows only "partial nudity." If the image goes beyond that limited definition, full felony exposure remains on the table.

As of 2026, no reform bill has advanced through the Delaware General Assembly to create a separate misdemeanor or diversion-based framework for teen sexting.

How Delaware Defines Child Pornography

Delaware's child exploitation statutes are found in Title 11, Chapter 5, Subchapter V of the Delaware Code. For these statutes, a "child" is any individual under the age of 18.

Three primary offenses apply to sexting cases involving minors.

Sexual Exploitation of a Child (§ 1108)

Under 11 Del. C. § 1108, a person commits sexual exploitation of a child by knowingly photographing, filming, or creating a visual depiction of a child engaged in a prohibited sexual act or the simulation of one. In a sexting context, this statute criminalizes the act of taking or soliciting the photo itself.

Penalty: Class B felony, carrying a minimum mandatory sentence of 2 years and a maximum of 25 years in prison, unless the underlying act is "partial nudity" as defined in § 1100, in which case it is a Class D felony (up to 8 years). Under 11 Del. C. § 1110, a person convicted of a class B felony under § 1108 who is later convicted of a second or subsequent violation of that same section is sentenced to life imprisonment. That escalation does not reach the class D partial nudity variant. If the image depicts only "partial nudity," conviction requires the defendant to be 18 or older (per § 1110A).

Dealing in Child Sexual Abuse Material (§ 1109)

11 Del. C. § 1109 covers shipping, transmitting, selling, distributing, disseminating, reproducing, or otherwise possessing child sexual abuse material. Delaware has since renamed the offense from "dealing in child pornography" to "dealing in child sexual abuse material," and the statute's current official title uses that term.

In sexting situations, sending an explicit image of a minor to another person triggers this statute.

Penalty: Class B felony (2 to 25 years in prison). If the image involves only "partial nudity" and the defendant is 18 or older, the charge may be reduced to a Class D felony (up to 8 years). Under 11 Del. C. § 1110, a person convicted of a class B felony under § 1109 who is later convicted of a second or subsequent violation of that same section is again guilty of a class B felony, so the partial nudity reduction is off the table.

Possession of Child Sexual Abuse Material (§ 1111)

11 Del. C. § 1111 makes it a crime to knowingly possess any visual depiction of a child engaged in a prohibited sexual act. Simply having the image on a phone or computer is enough.

Penalty: Class F felony (up to 3 years in prison). This classification is flat: Delaware's possession statute does not increase the felony class based on how many images a person possesses.

The Partial Nudity Exception (§ 1110A)

11 Del. C. § 1110A provides the only statutory protection specifically aimed at minors in sexting situations. Under this section, a person under 18 cannot be convicted of Sexual Exploitation of a Child (§ 1108) or Dealing in Child Sexual Abuse Material (§ 1109) when the image depicts only "partial nudity."

What Counts as Partial Nudity?

11 Del. C. § 1100 does not define "partial nudity" by which body parts are visible. Under § 1100(7)(j), partial nudity is a prohibited sexual act only when the child in the image is all of the following:

• Scantily clothed
• Posed provocatively, or otherwise posed in a fashion obviously intended to arouse even though genitalia is not blatantly displayed
• Depicted for the purpose of the sexual stimulation or sexual gratification of any individual who may view the depiction

All three elements must be present. That combined test, not a body-part checklist, is what the § 1110A exclusion turns on.

What the Exception Does NOT Cover

The § 1110A exclusion reaches only "partial nudity." Any other prohibited sexual act listed in § 1100(7) leaves a minor fully exposed, including:

• Nudity, where the nudity is depicted for the purpose of the sexual stimulation or sexual gratification of any individual who may view it
• Sexual intercourse, anal intercourse, fellatio, or cunnilingus
• Masturbation
• Sexual contact
• Lascivious exhibition of the genitals or pubic area of a child

If the image falls outside the "partial nudity" test, the minor has no statutory shield and can face the full weight of the child exploitation statutes.

Delaware Felony Sentencing Overview

Under 11 Del. C. § 4205, Delaware organizes felonies into seven classes. The following table summarizes the ranges relevant to sexting charges.

Delaware sets no dollar cap on a felony fine for an individual defendant. Section 4205(k) simply says the court "may impose such fines and penalties as it deems appropriate" in addition to any prison term. The $500,000 ceiling that is sometimes quoted comes from 11 Del. C. § 4208, which is titled "Fines for organizations" and applies only to a fine imposed on an organization. Delaware does not have a parole system, so prison sentences are served in full, minus good-time credits.

Penalties for Minors

When a minor is charged under these statutes, the case typically proceeds through Delaware Family Court rather than Superior Court. The juvenile system focuses on rehabilitation, but the underlying charges remain serious felonies.

Juvenile Adjudication

Instead of a criminal "conviction," a minor receives an "adjudication of delinquency." Consequences may include:

• Probation with strict conditions such as restricted internet access and no smartphone use
• Mandatory counseling for sexual behavior
• Detention in a juvenile facility (Stevenson House or Ferris School for Boys)
• Community service and educational programming

Sex Offender Registration for Juveniles

Under 11 Del. C. § 4120, Delaware requires sex offender registration upon conviction or adjudication of delinquency for qualifying offenses. However, the Delaware Family Court retains discretion under § 4123 to waive the registration requirement for juveniles.

Delaware uses a three-tier risk assessment system:

Unlike some states with dedicated teen sexting laws that explicitly bar registration for first offenses, Delaware law leaves the possibility open. The sentencing court or the Delaware Attorney General's Office assigns the tier based on a risk assessment.

Adults Sexting With Minors

When an adult (18 or older) sends or receives sexually explicit images involving a minor, no exceptions or reduced charges apply. The following offenses carry the most severe consequences.

Sexual Solicitation of a Child (§ 1112A)

Under 11 Del. C. § 1112A, an adult who solicits, requests, or attempts to cause a child to engage in a prohibited sexual act commits a Class C felony (up to 15 years). If the adult meets or attempts to meet the minor in person for the purpose of engaging in a prohibited sexual act, the charge becomes a Class B felony (2 to 25 years).

The statute covers communications through computers, cell phones, and any electronic device. It also applies when the defendant believes the person to be under 18, even if the person is actually an adult (such as an undercover officer).

Distribution and Possession

• Distributing explicit images of a minor to others: Class B felony under § 1109 (2 to 25 years)
• Possessing explicit images of a minor: Class F felony under § 1111 (up to 3 years), regardless of how many images are involved

Adults convicted of these crimes face mandatory prison time and sex offender registration, often at Tier II (25 years) or Tier III (lifetime).

Delaware Revenge Porn Law (§ 1335)

Delaware criminalizes non-consensual sharing of intimate images under its Violation of Privacy statute, 11 Del. C. § 1335. This law applies to both adults and minors.

A person violates § 1335 by knowingly transmitting or publishing visual material depicting another person in a sexual act or displaying intimate parts when:

• The depicted person had a reasonable expectation of privacy
• The depicted person did not consent to the transmission or publication

The statute specifies that a person who consented to the capture of an intimate image within a private relationship retains a reasonable expectation of privacy regarding any distribution beyond that relationship.

Revenge Porn Penalties

Aggravating Factors

The charge escalates to a Class G felony when any of the following apply:

• The actor obtained the images through theft or by unauthorized access to a computer system or email account
• The actor distributed the images for profit
• The actor maintains a website, online service, or app for the purpose of distributing such images
• The actor distributed the images with intent to harass, annoy, or alarm the person depicted, in a way that would cause a reasonable person significant mental anguish or distress
• The actor paired the images with the victim's personally identifiable information
• The actor was over 18 and the person depicted was under 18 when the images were created

Legal Defenses in Delaware Sexting Cases

Defending against sexting charges in Delaware is challenging because the state lacks a dedicated teen sexting statute. Several defense strategies may apply depending on the facts.

The § 1110A Partial Nudity Defense

If the defendant is under 18 and the image depicts only "partial nudity" as defined in § 1100, the minor cannot be convicted under § 1108 or § 1109. This is the strongest statutory defense available for teen sexting cases.

Lack of Knowledge or Intent

The prosecution must prove the defendant knowingly possessed or distributed the image. If an image was sent to a group chat and automatically saved to a phone without the recipient's knowledge, the required mental state may be absent.

Coercion or Duress

A minor who was pressured or threatened into sending an image may raise coercion as a defense, potentially resulting in the minor being treated as a victim rather than a defendant.

Age Defense Limitations

For adults charged with exploitation, claiming ignorance of the victim's age is generally not a valid defense. Delaware treats these offenses as strict liability regarding the age of the depicted person.

What to Do If Charged

If you or your child is contacted by law enforcement regarding a sexting investigation:

1. Exercise your right to remain silent. Do not answer questions from police or school administrators without an attorney present. Statements made during these conversations often become the primary evidence for prosecution.

2. Do not destroy evidence. If you know an investigation is underway, deleting photos from a phone or computer can result in separate charges for Tampering with Physical Evidence under 11 Del. C. § 1269.

3. Contact a criminal defense attorney immediately. You need a lawyer experienced in juvenile law and sex crimes who can advocate for diversion programs, reduced charges, or dismissal.

4. Understand school consequences. Schools in Delaware can impose suspension or expulsion for sexting that occurs on school property, during school hours, or that causes disruption to the educational environment. These administrative penalties are separate from any criminal charges.

Delaware Age of Consent

Delaware sets the age of consent at 18, one of the higher thresholds in the United States. However, the law draws several age lines for sexual activity:

• For a 16- or 17-year-old, rape in the fourth degree under 11 Del. C. § 770(a)(2) applies where the other person is 30 or older, unless the two are married
• A person aged 12 to 15 has an affirmative defense if the other person is not more than 4 years older
• Children under 12 cannot consent under any circumstances

These rules apply to physical sexual contact only. They do not extend to the creation, distribution, or possession of sexually explicit images, so exchanging nude photos involving a minor can lead to felony charges even where the underlying physical conduct is not an age-based offense.

More Delaware Laws

• Delaware Age of Consent Laws
• Delaware Deepfake Laws
• Delaware Expungement Laws

Frequently Asked Questions

Is sexting a felony in Delaware?

Yes. Because Delaware has no specific misdemeanor-level sexting law, an image that depicts a prohibited sexual act under 11 Del. C. § 1100(7) falls under the felony child exploitation statutes. Plain nudity counts only when the nudity is depicted for the purpose of a viewer's sexual stimulation or gratification, so the purpose behind the image matters as much as what it shows. Dealing in child sexual abuse material (§ 1109) is a Class B felony carrying 2 to 25 years in prison. Even simple possession (§ 1111) is a Class F felony with up to 3 years in prison.

Can a teenager be charged with a felony for sexting in Delaware?

Yes. Delaware law does not provide a misdemeanor alternative once an image depicts a prohibited sexual act, which includes nudity depicted for a viewer's sexual stimulation or gratification. The only protection for minors is 11 Del. C. § 1110A, which bars a charge under § 1108 or § 1109 against a person under 18 when the underlying act is 'partial nudity' as § 1100(7)(j) defines it: a scantily clothed child, posed provocatively or otherwise obviously intended to arouse, in an image intended for a viewer's sexual gratification. Beyond that, minors face the same felony statutes as adults, though their cases are handled in Family Court.

Does Delaware have a Romeo and Juliet law that applies to sexting?

Not for sexting. Delaware's close-in-age exceptions apply only to physical sexual contact, not to the creation or distribution of sexually explicit images. Exchanging nude photos involving a minor can lead to child pornography charges even where the underlying physical conduct is not an age-based offense.

What happens if I receive an unsolicited explicit photo of a minor?

Technically, possession alone is a crime under 11 Del. C. § 1111. However, if you did not request the image and you delete it immediately, you likely lack the knowing intent required for conviction. Do not forward the image to anyone, as that could trigger dealing in child sexual abuse material charges under § 1109. If you are contacted by law enforcement, consult an attorney before making any statements.

What is the penalty for revenge porn in Delaware?

Under 11 Del. C. § 1335, sharing intimate images without consent is a Class A misdemeanor punishable by up to 1 year in jail and a fine of up to $2,300. If a statutory aggravating factor is present, such as the defendant maintaining an internet site devoted to such images, or the defendant being 18 or older while the depicted person is a minor, the charge becomes a Class G felony with up to 2 years in prison.