Delaware Sex Offender Records

What is a Sex Offender?

A sex offender is an individual sentenced for a sex crime after being proven guilty. At the federal or state level, a large number of factors determine what makes individuals qualify as sex violators because sex crimes vary from jurisdiction to jurisdiction. Recently, some states have started defining some behaviors in relation to the electronic transfer of data and the internet. It is now an offense to distribute images of children engaging in sexual conduct through a computer. Nevertheless, courts consider the severity of sex-related crimes before prosecuting sex violators. Possible penalties for sex maniacs include mandatory registration in the sex offender registry, imprisonment, or fine payment. Notably, Delaware also adopts these kinds of punishments for persons who violate its sexual laws.

Who is Considered a Sex Offender in Delaware?

In Delaware, any party that engages in illegal sexual conduct is a sex offender. While there are different sex offenses in the state, some are more severe than others. Usually, a sex act without the consent of the other person is a crime and much more grievous if the victim is a minor. Furthermore, under Delaware Criminal Code, anyone convicted of the following offenses or attempt to commit these crimes is considered a sex offender;

  • Incest
  • Rape
  • Indecent exposure
  • Illegal sexual penetration
  • Unlawful sexual contact
  • Marital rape
  • Distribution of children image involved in sexual contact
  • Sexual abuse of a child by a person in the position of authority or supervision
  • Sexual exploitation of a child
  • Sexual extortion
  • Bestiality
  • Possession of child pornography

What are the Different Types of Sex Offenses in Delaware?

In Delaware, a handful of sexual offenses may put violators behind bars, have them registered as sex offenders, and undergo different treatments as conditions of probation. The law classifies these crimes with respect to gravity, and offenders receive the corresponding punishment. Also, judges and magistrates may dish out penalties based on the offender’s former convictions, the victim’s age, the relationship between the offender and victim. The court may further consider the use of threats, violence, or the possession of homicidal weapons, which in turn may cause alarm and pose a threat to a person’s safety and sanity. Types of sex offenses in Delaware include;

Sexual Harassment: Del. C. Title 11, section 763 states that an individual is guilty of sexual harassment when;

  • The person sends a threat to engage in conduct that is likely to result in committing any sexual offense against another party.
  • The individual orders, requests, solicits or attempts to brainwash another person to have sexual contact, intercourse, or wrongful sexual penetration. The perpetrator knows that the action is likely to cause annoyance or offense to the victim.

Sexual harassment is an unclassified misdemeanor. That is, it is in a separate category and is less severe. However, persons found guilty of this crime serve prison time of 30 days and pay fines of $575.

Indecent Exposure in the 2nd Degree: Per Del. C. § 764, a male is culpable of indecent exposure in the second degree if the individual exposes certain body parts like the genitals or buttocks intentionally, knowing that the conduct will likely alarm or cause disturbance to another person. Also, a female is guilty of indecent exposure in the 2nd degree when the party reveals private areas of the body or genitals under a situation where the lady is aware that the action may make others uncomfortable. In Delaware, indecent exposure in the second degree is an unclassified misdemeanor, and it attracts a fine of $575 and possible jail time of up to 30 days.

Indecent Exposure in the 1st Degree: According to Del. C. §765, a person is guilty of indecent exposure in the first degree if the entity shows sensitive parts of the body or the genitals intentionally to an individual who is less than the age of 16, knowing that the act is spiteful. Indecent exposure in the 1st degree is a Class A misdemeanor, and it is punishable by one-year imprisonment or a fine up to $2,300.

Rape in the 1st Degree: Delaware defines rape in the 1st degree as an intentional sexual engagement with another person, especially if;

  • The intercourse took place without the victim consenting to the act. Or, while running away from the crime scene or making an effort to stop the victim from reporting the crime, the offender causes physical, mental, or emotional injury.
  • The sexual contact took place without getting approval from the victim, and it occurred when the perpetrator was committing a felony or any misdemeanor.
  • When committing the 2nd degree, 3rd degree, or 4th-degree rape or during a flight from the crime, the offender wields a deadly weapon or, by words or conducts hints, the possession of a homicidal instrument.
  • The victim is 12 years or younger, and the defendant is 18 years old.
  • The intercourse occurred without consent, and a principal accomplice relationship (Del. C. §271) exists between the offender and a third party in the crime.

In Delaware, rape in the first degree is a Class A felony, and its penalties are incarceration for a minimum of 15 years and possible life imprisonment. An offender may be sentenced to life imprisonment without the provision of parole or probation if;

  1. The victim was younger than 16 years at the time of the sexual violation, and the offender inflicts physical injuries.
    The sex deviant willfully causes permanent disfigurement or dismembered the victim’s body.
  2. The defendant has a previous history of raping three or more victims.
  3. The accused party has had a previous conviction for a 1st or 2nd-degree rape or any offense in the same manner in Delaware or other states.

Rape in the 2nd Degree: Following Del. C. §772, rape in the second degree means engaging in sexual activity without the victim’s approval or any form of intentional sexual penetration that results in injuries to the body or a situation whereby:

  • The crime was facilitated by a felony act, a misdemeanor in the 2nd degree, coercion, or criminal trespass.
  • The victim is below 16 years at the time of the violation, and the offender has a weapon.
  • The victim is below 12, and the offender is 18 and above.

Rape in the 2nd degree in Delaware is a Class B felony, and the minimum sentence for this conviction shall be ten years imprisonment and 25 years maximum.

Rape in the 3rd Degree (Del. C. § 771): A person commits rape in the third degree if the individual intentionally performs sexual intercourse with a person less than 16 years of age while the offender is ten years older or the victim is 14 years of age and the defendant is 19 years. However, according to Del. C. § 772 and § 773, 19-year-old persons are not prosecuted for 1st, 2nd, and 3rd-degree rape. Nevertheless, anyone above 19 years who commits any sexual intercourse without consent faces at least two years of incarceration period and a maximum of 25 years in prison with the possibility of paying child support if there is a child as a result of this offense.

Rape in 4th Degree: Under Del. C. § 770, the court charges a person for rape in the fourth degree if;

  • The victim of the crime is less than 16 years of age.
  • There is sexual intercourse, and the victim is less than 18 years while the offender is 30 years and above, except for married couples in the same age bracket.
  • Sexual penetration occurs without consent.

In Delaware, the punishment for a fourth-degree rape is imprisonment for a maximum of 15 years.

Incest: Pursuant to Del. Statutes §766, a person who engages in sexual activity with anyone with whom the party has a blood relationship is guilty of incest. Incest is a class A misdemeanor punishable by incarceration for one year or the payment of fines of up to $2,300.

Unlawful Sexual Contact: This crime is classed into three; 1st degree, 2nd degree, and 3rd degree.

According to Del. C. § 769, a first-degree unlawful sexual contact is a crime that involves having sexual acts with a person who is less than 13 years of age. Also, during the action, or at any point, the offender attempts to flee and thereby causes physical injuries or displays a weapon. A 1st-degree unlawful sexual contact is punishable by jail time for a maximum of 8 years.

Under Del. C. § 768, an unlawful sexual contact (touching of a person’s genitals or sensitive body parts) with a person below the age of 18 years or convincing the victim to have sexual contact with a third party is a second-degree unlawful sexual contact regarded as Class F felony. It is punishable by three years in prison.

Meanwhile, following Del. C. § 767, a person is culpable of third-degree unlawful sexual contact when there is sexual activity with another person. Or the defendant tries to convince the victim to have sexual contact with a third person with the knowledge that the contact is annoying to the victim. This crime is a Class A misdemeanor, and as a punishment, the offender pays a fine or stays behind bars for one year at most.

Bestiality: Any sexual activity between a human being and an animal for arousal, sexual gratification, money, or abuse is bestiality. Also, the penetration with the genitalia of an animal or intentionally convincing a third party to engage in such a sexual act is a crime. According to Del. C. §775, bestiality is a Class D felony, and it attracts a penalty of 8 years incarceration.

Sexual Extortion: An individual commits a sexual offense when the person consciously forces or persuades other people to perform any sexual act that has to do with penetration, sexual contact, or intercourse. Usually, and in relation to Del. C. § 774, the offender inculcates fear in the victim and threatens to:

  • Wreak havoc on properties.
  • Cause bodily injuries
  • Leak a secret or make a fact known to the public to ridicule the victim.
  • Carry out other actions that could be termed as a crime.
  • Perform other actions to harm another person’s health, business, or career.
  • Withhold testimony or falsely testify.

In Delaware, sexual extortion is a Class E felony and may result in a maximum incarceration period of five years.

Continuous Sexual Abuse of a Child: Following Del. C. § 776, any person who deliberately gets involved in three or more sexual acts with a child under the age of 18 over a period of 3 months or less is guilty of continuous sexual abuse of a child. To convict a perpetrator of this crime, the jury only needs to confirm that the abuse occurred thrice regardless of which act and what makes up the required number. Continuous sexual abuse of a child is a Class B felony, and offenders face two years to 25 years in prison.

Sexual Penetration or Intercourse with a Person in Custody: Per Del. C. § 780A, it is a sex offense if a law enforcement agent or a worker at the correctional facility engages in sexual penetration with an individual on detention whether the victim gives consent or not. Officers or staff caught in the act may be charged with Class F felony. The State of Delaware punishes persons guilty of Class F felony with up to three years incarceration.

Unlawful Sexual Contact With a Convict: According to Del. C. § 780B, unlawful sexual contact with a person in custody can become a Class G felony when a worker or volunteer at the correctional facility has sexual contact with a detainee intentionally. As a less severe type of felony offense, Class G felony attracts up to two years imprisonment.

Delaware statutes regarding sex offenses are self-explanatory but exhaustive. Therefore the information herein represents only a faction rather than all of the sex offenses and punishments in the state. Therefore, interested persons may employ experienced criminal lawyers for information on the sentencing procedure, which may be more of an advantage than looking through several legal resources.

What Types of Sex Offenders Exist in Delaware?

Under Del. C. tit.11, sex offenders convicted of sex crimes must register in the state. In addition, the Office of the Delaware Attorney General categorizes sex offenders based on the risk assessment tier.

Tier III

Tier III sex offenders are regarded as high risk and must confirm their home, school, or workplace addresses every 90 days. Few examples of Tier III sex offenses include;

  • Sexual abuse in the second and third-degree
  • Lascivious act with a child
  • Assault with the intention to commit sexual abuse
  • Burglary motivated by sexual abuse
  • Criminal transmission of HIV
  • Sexual exploitation of a minor
  • Continuous sexual abuse of a child
  • Unlawful sexual contact in the first or second degree

Tier III sex maniacs must register as sex offenders throughout their lifetime.

Tier II

Tier II sex maniacs are moderate risk violators who must update the state’s registry or confirm school, home, and workplace addresses twice a year. Offenses that qualify as Tier II sex crimes are;

  • Solicitation of a minor to perform a sexual act
  • Invasion of privacy/nudity
  • Stalking
  • Sexual exploitation
  • Sexual abuse of a corpse
  • Incest committed a minor
  • Transporting a minor for illegal sexual activity

Sex offenders that fall into Tier II risk assessment level must register with the state police for 25 years.

Tier I

Tier I offenders are deemed low risk, and these class of violators must verify their home address and the location of school or place of work once a year. Tier 1 sex criminals in Delaware must register with the state for 15 years. Instances of Tier I sex violations are;

  • Possession of child pornography
  • Sale of hardcore pornography
  • Unlawful sexual contact where the victim is not a minor

Sex deviants in Delaware must always notify the Delaware State Police of any change in the workplace, school, or home addresses within three days of the change. The police, in turn, updates the Delaware Sex Offender Registry. However, homeless sex violators must confirm their location in person at the registry office and adhere to the registration timetable. Thus, homeless Tier III sex criminals must present themselves every seven days, Tier II every 30 days, while homeless Tier I sex offenders must visit the office every 90 days.

How to Find a Sex Offender Near Me in Delaware

Members of the public may find sex offenders near them using the Delaware Sex Offender Registry. It is an electronic database that contains information on registered sex violators in the state. Following the Delaware Freedom of Information Act, citizens of Delaware may access documents managed by public parastatals in the state. This is to ensure transparency between the government and residents of Delaware. Hence the reason sex offender information is public and available to all and sundry.

The State Bureau of Identification updates the information on the registry regularly to guarantee the accuracy and completeness of details of sex offenders. In keeping its citizens informed, the State of Delaware has a subscription service that alerts citizens regularly to changes within the Delaware State Police. Those interested in getting email notifications may create accounts with the Delaware Information Subscription Service website.

Alternatively, members of the public may look up sex violators in the neighborhood through the National Sex Offender Public Website. The website gives details of all sex offenders in the United States in each state. A user may search for a sex criminal by name or by location. Unfortunately, the “search by location" feature does not apply to Delaware. Nevertheless, a requestor must enter the first name and the last name of the supposed sex offender to search by name.

Interested members of the public may also obtain public record information from third-party websites. These privately owned sites typically host data culled from public databases and repositories. However, the information available on third-party sites may vary since they are independent of government sources. In order to use a third-party site, record seekers may be required to provide all or some of the following information:

  • The full name on the record of choice
  • The last known or current address of the named individual
  • The address of the requestor

Delaware Sex Offender Registry

The Delaware Sex Offenders Registry is a digital repository that gives citizens updates on sex offenders. This information is available to the general public, and the registry is easy to use. Nevertheless, anyone who misuses the details on the Sex Offenders Registry to harass or threaten someone else may be prosecuted or civilly liable.

The Superior Courts in Delaware assign tiers to all out-of-state offenders upon motions from the Attorney General’s Office. Meanwhile, in-state offenders receive a letter with the tier presumption. Therefore, sex violators register according to Tier I, Tier II, and Tier III.

When searching for records of sex maniacs on the Sex Offender Registry, the user must supply information such as the offender’s first and last name, house number, street (prefix, name, and type), development, county, city, zip code, state of conviction, workplace, and online identification. Upon the search completion, the result displays;

  • Full name of the sex offender
  • Known aliases
  • Personal identifying characteristics (pictures, gender, eye color, weight, scars, race)
  • Last known residential address
  • Sex crime that led to the conviction
  • Year of the previous conviction and release
  • Risk assessment level

Interested persons may also locate homeless sex deviants, conduct neighborhood searches, and even get information on wanted sex maniacs.

What Happens When You Register as a Sex Offender in Delaware?

In addition to reporting in person often to the Delaware State Bureau of Identification (SBI), all registered offenders must update the registry information regularly. In Delaware, sex violators are prohibited from lodging or residing within 2500 feet of schools, parks, or child care facilities. To determine the distance of 2,500 feet, a sex offender may follow a straight line from the outer property line or lodge to the nearest external property line of the school field or child care facility. To participate in school, a juvenile adjudicated for a sex offense must notify the school principal of the enrollment unless the school advises that the minor sex offender does not need to disclose such details.

A person who violates the restrictions receives a notice from the Town Manager to comply within 60 days. A party that does not make necessary adjustments within 60 days faces imprisonment for not more than ninety (90) days and a fine of up to $1,000. An offender who fails to comply with any section of the Sex Offender Registry is charged with a Class G felony.

What is the Delaware Sex Offender Registry?

The Delaware Sex Offender Central Registry is a public database that provides information on moderate and high-risk sex offenders residing, schooling, or working within the state. Regularly updated by the State Bureau of Identification—a subunit of the Delaware State Police—the registry allows for searches by offender name, location, and county. Users can also search for offenders using a known online ID (for inmates), workplace location, or conviction state. The registry also provides details on wanted offenders who have violated the terms of their release.

How Long Do Sex Offenders Have to Register in Delaware?

Depending on the severity of their crime, sex offenders in Delaware may be required to register for life. Offenders guilty of Tier 1 crimes must register for a minimum of 15 years while Tier 2 registrants must register for 25 years. Individuals guilty of the most severe crimes (Tier 2) must register for life. As part of the registration process, the sexual offender must provide law enforcement officials with different types of information, including their:

  • Name and aliases
  • Email address and all internet identifiers
  • Social security number
  • Copy of passport
  • Residential address (or addresses if transient)
  • Employer’s address and contact information
  • Vehicle make, color, model, and license plate number
  • Date of birth
  • Phone number (home and cellular)

Do Sex Offenders Have to Notify Neighbors in Delaware?

While sex offenders in Delaware do not have to notify neighbors, the information posted on the Delaware Sex Offender Central Registry falls under the umbrella of public records. This means residents can learn about sex offenders residing close to them and then go on to tell or alert immediate neighbors and property owners in the community. The Delaware State Bureau of Identification also provides a free Delaware Information Subscription Service that sends email alerts to members of the public when an offender registers a new address. Notifications may also be shared via newspaper notices, mail, or door-to-door messages within a local community.

Do Sex Offenders Have to Put a Sign in Their Yard in Delaware?

Delaware laws do not require sex offenders to put up signs in their yard but the state provides a sex offender email subscription service for residents who wish to receive updates on the movement and location of known offenders. Residents will need to create a login profile to take advantage of this service. GPS monitoring is also a mandated requirement for offenders convicted of serious sex offenses, such as first- and second-degree rape.

How to Look Up Sex Offenders in Delaware

The Delaware Sex Offender Central Registry provides open access to sex offender information in the state. Maintained and update by the Delaware State Police, it’s available to most members of the general public. Residents can search for sex offenders located using either a name-based or neighborhood-based search option.

Name Based Offender Search

To search for an offender using a name-based search, record seekers will need to provide a first and last name. The tool also provides additional criteria for filtering search results, such as adding a workplace, street name, street type, and address. Results can also be filtered to exclude offenders residing in DOC facilities or to find offenders using a known online ID.

Neighborhood Search

The Delaware Sex Offender Registry allows for broader map-based searches using its neighborhood search tool. It filters results using geo-coded addresses. Users can search for offenders by selecting an area within the city and clicking on the search button.

In addition to these options, the website provides a public subscription service for residents who wish to receive email alerts whenever the site updates its records. The sex registry also maintains a page on wanted offenders as well as transient or homeless offenders. Records seekers can find general information such as the offender’s name, risk level, and last known address.

How to Report a Sex Offender in Delaware?

Residents who witness a sex crime or have reason to believe a sex offender may be in violation of his/her registry requirements can submit an online tip using the Sex Offender Registry contact form. Alternatively, users can contact the Delaware State Police by mailing a tip to the:

State Bureau of Identification
Sex Offender Central Registry
P.O. Box 430
Dover, DE 19903