Delaware Code

11 Del. C. § 1108 (2026)

Sexual exploitation of a child; class B or D felony

✓ current as of May 2026

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A person is guilty of sexual exploitation of a child when:

(1) The person knowingly, photographs or films a child engaging in a prohibited sexual act or in the simulation of such an act, or otherwise knowingly creates a visual depiction of a child engaging in a prohibited sexual act or in the simulation of such an act; or

(2) The person knowingly, finances or produces any motion picture, video or other visual depiction of a child engaging in a prohibited sexual act or in the simulation of such an act; or

(3) The person knowingly publishes or makes available for public distribution or sale by any means, including but not limited to computer, any book, magazine, periodical, pamphlet, photograph, Internet site or web page which depicts a child engaging in a prohibited sexual act or in the simulation of such an act, or knowingly publishes or makes available for public distribution or sale by any means, including computer, any other visual depiction of a child engaging in a prohibited sexual act or in the simulation of such an act; or

(4) The person permits, causes, promotes, facilitates, finances, produces or otherwise advances an exhibition, display or performances of a child engaging in a prohibited sexual act or the simulation of such an act.

Sexual exploitation of a child is a class B felony unless the prohibited sex act is “partial nudity” as defined in § 1100 of this title, then it is a class D felony.

61 Del. Laws, c. 179, § 3; 63 Del. Laws, c. 28, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 480, §§ 5-7; 83 Del. Laws, c. 410, § 1;

Notes of Decisions

Cited in 3 cases, 2006–2015 · 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× “THE 10 COUNTS IN THE INDICTMENT FOR SEXUAL EXPLOITATION OF A CHILD DID NOT VIOLATE DOUBLE JEOPARDY, EQUAL PROTECTION, OR DUE PROCESS Sisson was indicted on ten counts of Sexual Exploitation of a Child under 11 Del C. § 1108. He moved to dismiss nine of the ten counts as…”

Zambrana v. State, 118 A.3d 773 (Del. 2015). “40 See 11 Del. C. § 1108 (defining sexual exploitation as, among other things, “knowingly, photograph[ing] or film[ing] a child engaging in a prohibited sexual act or in the simulation of such an act, or otherwise knowingly creat[ing] a visual depiction of a child engaging in a…”

State of Delaware v. Klaft. (Del. Super. Ct. 2015). · cites it 2× “§ 777A (two counts); sexual exploitation of a child in violation of 11 Del. C. § 1108; unlawful dealing in child pornography in violation of 11 Del.”

— 11 Del. C. § 1108(1) — 1 case

Sisson v. State, 903 A.2d 288 (Del. 2006). “THE 10 COUNTS IN THE INDICTMENT FOR SEXUAL EXPLOITATION OF A CHILD DID NOT VIOLATE DOUBLE JEOPARDY, EQUAL PROTECTION, OR DUE PROCESS Sisson was indicted on ten counts of Sexual Exploitation of a Child under 11 Del C. § 1108. He moved to dismiss nine of the ten counts as…”

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