A person is guilty of dealing in child pornography when:
(1) The person knowingly ships, transmits, mails or transports by any means, including by computer or any other electronic or digital method, any book, magazine, periodical, pamphlet, video or film depicting a child engaging in a prohibited sexual act or in the simulation of such an act, or knowingly ships, transmits, mails or transports by any means, including by computer or any other electronic or digital method, any other visual depiction of a child engaging in a prohibited sexual act or in the simulation of such an act;
(2) The person knowingly receives for the purpose of selling or sells any magazine, photograph or film which depicts a child engaging in a prohibited sexual act or in the simulation of such an act, or knowingly receives for the purpose of selling or sells any other visual depiction of a child engaging in a prohibited sexual act or in the simulation of such an act;
(3) The person knowingly distributes or disseminates, by means of computer or any other electronic or digital method, or by shows or viewings, any motion picture, video or other visual depiction of a child engaging in a prohibited sexual act or the simulation of such an act. The possession or showing of such motion pictures shall create a rebuttable presumption of ownership thereof for the purposes of distribution or dissemination;
(4) The person, intentionally compiles, enters, accesses, transmits, receives, exchanges, disseminates, stores, makes, prints, reproduces or otherwise possesses any photograph, image, file, data or other visual depiction of a child engaging in a prohibited sexual act or in the simulation of such an act. For the purposes of this subsection, conduct occurring outside the State shall be sufficient to constitute this offense if such conduct is within the terms of § 204 of this title, or if such photograph, image, file or data was compiled, entered, accessed, transmitted, received, exchanged, disseminated, stored, made, printed, reproduced or otherwise possessed by, through or with any computer located within Delaware and the person was aware of circumstances which rendered the presence of such computer within Delaware a reasonable possibility; or
(5) The person knowingly advertises, promotes, presents, describes, transmits or distributes any visual depiction, exhibition, display or performance with intent to create or convey the impression that such visual depiction, exhibition, display or performance is or contains a depiction of a child engaging in a prohibited sexual act or in the simulation of such an act.
Unlawfully dealing in child pornography 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,
§
4;
67 Del. Laws, c. 130,
§
8;
70 Del. Laws, c. 186,
§
1;
71 Del. Laws, c. 467,
§§
1, 2;
72 Del. Laws, c. 480,
§§
8-14;
76 Del. Laws, c. 364,
§§
3, 4;
83 Del. Laws, c. 410,
§
1;
Notes of Decisions
Cited in
15
cases (
1 in the last 5 years), 2006–2024 · leading case:
Sisson v. State, 903 A.2d 288 (Del. 2006).
Sisson v. State, 903 A.2d 288 (Del. 2006).
· cites it 2× “107 That interpretation is consistent with our interpretation of the companion statutes 11 Del. C. § 1109 and § 1111 in Fink v. State.”
State of Delaware v. Quentin A. Wilkerson, Sr. (Del. Super. Ct. 2016).
· cites it 12× “Your Defense Counsel never challenged the unlawful and unconstitutional use of 11 Del. C. §§1109 and 1111. You were charged with 25 violations of 11 Del.”
United States v. Phillips, 345 F. App'x 772 (3rd Cir. 2009).
“11 Del. C. §§ 1109(5), 4205(b)(2). It requires as little as two years for a live performance conviction.”
Wilkerson v. Johnson (D. Del. 2020).
· cites it 4× “Petitioner was arrested on June 27, 2013, and was subsequently indicted on 25 counts of dealing in child pornography in violation of 11 Del. C. § 1109(4). (D.I. 17 at 1; D.I.”
Jason Kokinda v. State of Delaware (Del. 2017).
· cites it 3× “Subsection 3 of 11 Del. C. § 1109 provides that a person is guilty of Dealing in Child Pornography when: The person knowingly distributes or disseminates, by means of computer or any other electronic or digital method, or by shows or viewings, any motion picture, video or other…”
State v. Willey (Del. Super. Ct. 2024).
· cites it 2× “§ 4121(d)(1)(f) enumerates the process by which the state may move the sentencing court to assign a felon convicted under 11 Del. C. § 1109 to Tier III on the sex offender registry.”
State of Delaware v. Wheeler. (Del. Super. Ct. 2014).
· cites it 2× “Wheeler was charged with twenty-five counts of Dealing in Child Pornography in violation of 11 Del. C. § 1109(4). This Court entered a scheduling order on April 8, 2014, setting the trial date in this criminal action for October 7, 2014.”
Matter of Noble (Del. 2015).
· cites it 2× “(2) In January 2014, Noble was indicted for multiple counts of Dealing in Child Pornography under 11 Del. C. § 1109. Noble filed multiple petitions for extraordinary writs in connection with these criminal charges.”
Rogers v. State (Del. 2018).
“We address only this second claim because a claim of ineffective assistance of counsel is not one that we will consider for the first time on direct appeal.3 (6) We review the Superior Court’s denial of Rogers’ motion to withdraw his plea for abuse of discretion.”
Eggleston v. State (Del. 2019).
“2 See 11 Del. C. § 1109(4) (Dealing in Child Pornography a Class B felony); 11 Del.”
Gladden v. State (Del. 2019).
“Justice 6 11 Del. C. § 1109 (providing that Dealing in Child Pornography is a Class B felony); 11 Del.”
— 11 Del. C. § 1109(3) — 1 case
Jason Kokinda v. State of Delaware (Del. 2017).
“Subsection 3 of 11 Del. C. § 1109 provides that a person is guilty of Dealing in Child Pornography when: The person knowingly distributes or disseminates, by means of computer or any other electronic or digital method, or by shows or viewings, any motion picture, video or other…”
— 11 Del. C. § 1109(4) — 7 cases
Sisson v. State, 903 A.2d 288 (Del. 2006).
“107 That interpretation is consistent with our interpretation of the companion statutes 11 Del. C. § 1109 and § 1111 in Fink v. State.”
Wilkerson v. Johnson (D. Del. 2020).
“Petitioner was arrested on June 27, 2013, and was subsequently indicted on 25 counts of dealing in child pornography in violation of 11 Del. C. § 1109(4). (D.I. 17 at 1; D.I.”
State of Delaware v. Wheeler. (Del. Super. Ct. 2014).
“Wheeler was charged with twenty-five counts of Dealing in Child Pornography in violation of 11 Del. C. § 1109(4). This Court entered a scheduling order on April 8, 2014, setting the trial date in this criminal action for October 7, 2014.”
Rogers v. State (Del. 2018).
“We address only this second claim because a claim of ineffective assistance of counsel is not one that we will consider for the first time on direct appeal.3 (6) We review the Superior Court’s denial of Rogers’ motion to withdraw his plea for abuse of discretion.”
— 11 Del. C. § 1109(5) — 2 cases
United States v. Phillips, 345 F. App'x 772 (3rd Cir. 2009).
“11 Del. C. §§ 1109(5), 4205(b)(2). It requires as little as two years for a live performance conviction.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.