Del. C. » Title 11 — Delaware Criminal Code · CHAPTER 5. Specific Offenses · Crimes and Criminal Procedure
Delaware Code

11 Del. C. § 1103 (2026)

Child abuse in the fourth degree; class A misdemeanor

✓ current as of May 2026
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(a) A person is guilty of child abuse in the fourth degree when the person intentionally or recklessly causes physical injury to a child.

(b) Child abuse in the fourth degree is a class A misdemeanor.

78 Del. Laws, c. 406, §  3;  84 Del. Laws, c. 126, § 1; 
Notes of Decisions
Cited in 11 cases (4 in the last 5 years), 2006–2026 · leading case: Sisson v. State, 903 A.2d 288 (Del. 2006).
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Sisson v. State, 903 A.2d 288 (Del. 2006). · cites it 2× “In a well-reasoned opinion, the trial judge denied Sisson’s motion, concluding that under § 1108 and 11 Del. C. § 1103 “each separate photograph, motion picture or digitally created image is a single ‘visual depiction’ ” and that “the creation of each ‘visual depiction’ .”
Brock v. Dep't of Servs. for Child., Youth, & their Families (Del. 2022). · cites it 2× “§ 722 do not sufficiently address a parent’s present ability to provide adequate care for the child”;5 that “DSCYF did not present evidence or argument during the trial to support a finding under 11 Del. C. § 1103(a)(6) that the Appellant was unfit and that termination of…”
United States v. Pavulak, 672 F. Supp. 2d 622 (D. Del. 2009). · cites it 2× “11 Del. C. § 1103 defines "prohibited sexual act,” as: (1) sexual intercourse; (2) anal intercourse; (3) masturbation; (4) bestiality; (5) sadism; (6) masochism; (7) fellatio; (8) cunnilingus; (9) nudity, if such nudity is to be depicted for the purpose of the sexual stimulation…”
Branch v. DFS & Court Appointed Special Advocate (Del. 2017). “” 3 11 Del. C. § 1103(a)(5)a1. 4 Id. § 1103(a)(5).”
Whitmore v. Robinson (Del. 2019). “§ 901(17) into 11 Del. C. § 1103. But, I believe the termination of parental rights statute is unclear when applied to a private termination of parental rights proceeding.”
Whitmore v. Robinson (Del. 2019). “§ 901(17) into 11 Del. C. § 1103. But, I believe the termination of parental rights statute is unclear when applied to a private termination of parental rights proceeding.”
Sierra & Rodriguez v. DSCYF (Del. 2020). “63 11 Del. C. § 1103; 42 U.S.C. § 671 (a)(15)(D).”
Rafael Diaz-rodriguez v. Merrick Garland (9th Cir. 2022). “§ 13-3619 (Arizona); 11 Del. C. § 1103 (Delaware); 720 Ill. Comp.”
State v. Batres (Del. Super. Ct. 2025). “§ 1102, and Child Abuse in the Third Degree, in violation of 11 Del. C. § 1103. Defendant also is involved in an unresolved parallel matter in Family Court.”
State v. El-Abbadi (Del. Super. Ct. 2026). “PROCEDURAL BACKGROUND On August 8, 2019, Defendant was arrested by officers from the New Castle County Police Department for Child Abuse First Degree – Causing Serious Physical Injury to a Child by Abuse or Neglect, in violation of 11 Del. C. § 1103. 11 The victim,…”
State of Delaware v. Howard. (Del. Super. Ct. 2014). “§ 1112A (Sexual Solicitation of a Child) violates the free speech guarantee of the First Amendment; (2) 11 Del. C. § 1103(e)(3) (defining “masturbation” as a prohibited sexual act) is void for vagueness; (3) all counts of the indictment were fatally defective due to lack of…”
— 11 Del. C. § 1103(a)(5) — 1 case
Branch v. DFS & Court Appointed Special Advocate (Del. 2017). “” 3 11 Del. C. § 1103(a)(5)a1. 4 Id. § 1103(a)(5).”
— 11 Del. C. § 1103(a)(6) — 1 case
Brock v. Dep't of Servs. for Child., Youth, & their Families (Del. 2022). “§ 722 do not sufficiently address a parent’s present ability to provide adequate care for the child”;5 that “DSCYF did not present evidence or argument during the trial to support a finding under 11 Del. C. § 1103(a)(6) that the Appellant was unfit and that termination of…”
— 11 Del. C. § 1103(e)(3) — 1 case
State of Delaware v. Howard. (Del. Super. Ct. 2014). “§ 1112A (Sexual Solicitation of a Child) violates the free speech guarantee of the First Amendment; (2) 11 Del. C. § 1103(e)(3) (defining “masturbation” as a prohibited sexual act) is void for vagueness; (3) all counts of the indictment were fatally defective due to lack of…”
— 11 Del. C. § 1103(g) — 2 cases
Sisson v. State, 903 A.2d 288 (Del. 2006). “In a well-reasoned opinion, the trial judge denied Sisson’s motion, concluding that under § 1108 and 11 Del. C. § 1103 “each separate photograph, motion picture or digitally created image is a single ‘visual depiction’ ” and that “the creation of each ‘visual depiction’ .”
United States v. Pavulak, 672 F. Supp. 2d 622 (D. Del. 2009). “11 Del. C. § 1103 defines "prohibited sexual act,” as: (1) sexual intercourse; (2) anal intercourse; (3) masturbation; (4) bestiality; (5) sadism; (6) masochism; (7) fellatio; (8) cunnilingus; (9) nudity, if such nudity is to be depicted for the purpose of the sexual stimulation…”
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