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Fifty State Survey of Adult Sex Offender Registration Requirements ...

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<strong>Fifty</strong> <strong>State</strong> <strong>Survey</strong> <strong>of</strong> <strong>Adult</strong> <strong>Sex</strong> <strong>Offender</strong> <strong>Registration</strong> <strong>Requirements</strong><br />

NIC/WCL Project on Addressing Prison Rape<br />

Registrable Offenses Cont’d<br />

(Delaware)<br />

<strong>State</strong>s or any territory <strong>of</strong> the United <strong>State</strong>s which is the same as, or equivalent to, any <strong>of</strong> the <strong>of</strong>fenses listed<br />

above.<br />

<strong>Sex</strong> <strong>Offender</strong> <strong>Registration</strong><br />

Required for Staff <strong>Sex</strong>ual<br />

Misconduct?<br />

(Delaware)<br />

YES, but only when the victim is a child as defined by the statute.<br />

DEL. CODE ANN. tit. 11, § 4121 (West 2010)<br />

(4) “<strong>Sex</strong> <strong>of</strong>fender” means any person who is, or has been:<br />

(a) Convicted <strong>of</strong> any <strong>of</strong>fenses specified in §§ 765 through 780…<br />

DEL. CODE ANN. tit. 11, § 778-778A (West 2010)<br />

A person is guilty <strong>of</strong> sexual abuse <strong>of</strong> a child by a person in a position <strong>of</strong> trust, authority or supervision in the first<br />

degree when the person:<br />

(a) Intentionally engages in sexual intercourse with a child who has not yet reached his or her sixteenth birthday and<br />

the person stands in a position <strong>of</strong> trust, authority or supervision over the child, or is an invitee or designee <strong>of</strong> a<br />

person who stands in a position <strong>of</strong> trust, authority or supervision over the child.<br />

(b) Intentionally engages in sexual penetration with a child who has not yet reached his or her sixteenth birthday<br />

and the person stands in a position <strong>of</strong> trust, authority or supervision over the child, or is an invitee or designee <strong>of</strong> a<br />

person who stands in a position <strong>of</strong> trust, authority or supervision over the child.<br />

(c) Intentionally engages in sexual intercourse or sexual penetration with a child who has reached his or her<br />

sixteenth birthday but has not yet reached his or her eighteenth birthday when the person is at least 4 years older<br />

than the child and the person stands in a position <strong>of</strong> trust, authority or supervision over the child, or is an invitee or<br />

designee <strong>of</strong> a person who stands in a position <strong>of</strong> trust, authority or supervision over the child.<br />

(d) Intentionally engages in sexual intercourse or sexual penetration with a child and the victim has reached his or<br />

** Denotes those states where sex <strong>of</strong>fender registration is required for convictions under the staff sexual misconduct laws <strong>of</strong> the states. Staff and<br />

inmates could also be required to register as sex <strong>of</strong>fenders if the <strong>of</strong>fense were charged under other registrable <strong>of</strong>fenses.<br />

This publication is developed by the NIC/WCL Project on Addressing Prison Rape under NIC Cooperative Agreement 06S20GJJ1.<br />

This is not to be posted or reproduced without permission from the authors.<br />

American University, Washington College <strong>of</strong> Law<br />

Current as <strong>of</strong> November 2010<br />

38

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