(a) A person is guilty of sexual solicitation of a child if the person, being 18 years of age or older, intentionally or knowingly:
(1) Solicits, requests, commands, importunes or otherwise attempts to cause any child to engage in a prohibited sexual act; or
(2) Uses a computer, cellular telephone or other electronic device to communicate with another person, including a child, to solicit, request, command, importune, entice, encourage or otherwise attempt to cause a child to engage in a prohibited sexual act.
(3) [Repealed.]
(b) For purposes of this section, “child” means:
(1) An individual who is younger than 18 years of age; or
(2) An individual who represents himself or herself to be younger than 18 years of age; or
(3) An individual whom the person committing the offense believes to be younger than 18 years of age.
(c) For the purposes of this section, 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 in the instance of any manner of electronic communication or other communication that does not occur in person, the offense is committed in this State if such communication either originated in this State or is received in this State.
(d) For the purposes of this section, and notwithstanding any section of this title to the contrary, it is a defense to prosecution that at the time the conduct described in subsection (a) of this section occurred the person was married to the child.
(e) For the purposes of this section, it is not a defense to prosecution that at the time the conduct described in subsection (a) of this section occurred:
(1) The solicited prohibited sexual act did not occur; or
(2) The person was engaged in a fantasy or role playing at the time of the commission of the offense.
(f) Nothing in this section shall preclude a separate charge, conviction and sentence for any other crime set forth in this title, or in the Delaware Code.
(g) Sexual solicitation of a child is a class C felony, except as provided in subsection (h) of this section.
(h) Sexual solicitation of a child is a class B felony if the defendant meets in person or attempts to meet in person with the child for the purpose of engaging in a prohibited sexual act.
71 Del. Laws, c. 467,
§
5;
70 Del. Laws, c. 186,
§
1;
77 Del. Laws, c. 148,
§
37;
79 Del. Laws, c. 262,
§
1;
Notes of Decisions
Cited in
7
cases (
2 in the last 5 years), 2014–2026 · leading case:
Zambrana v. State, 118 A.3d 773 (Del. 2015).
Zambrana v. State, 118 A.3d 773 (Del. 2015).
· cites it 6× “VAUGHN, Justice, for the Majority: Defendant-Below/Appellant Mark Zambrana was convicted by the Superior Court following a bench trial on two counts of Sexual Solicitation of a Child under 11 Del. C. § 1112A. On appeal, he contends that his admitted misconduct of soliciting his…”
Paczkowski v. State Of Delaware (D. Del. 2020).
· cites it 4× “Code § 769 (lesser included offense) and one count of unlawful sexual solicitation under 11 Del. Code § 1112A (lesser included offense), and stipulated that he was a habitual offender for sentencing on the first degree unlawful sexual contact offense.”
Burrows v. State (Del. 2019).
· cites it 2× “Chief Justice 14 Compare 11 Del. C. § 1112A (establishing that “[a] person is guilty of sexual solicitation of a child if the person, being 18 years of age or older, intentionally or knowingly: (1) Solicits, requests, commands, importunes or otherwise attempts to cause any child…”
State v. Cephas (Del. Super. Ct. 2020).
“§ 769, as a lesser included offense of Rape in the First Degree and one count of Sexual Solicitation of a Child , 11 Del. C. §1112A. Prior to trial Cephas rejected two plea offers from the State one of which would have resulted in Cephas serving ten years incarceration and…”
State v. Cephas (Del. Super. Ct. 2021).
“§ 769, as a lesser included offense of Rape in the First Degree and one count of Sexual Solicitation of a Child , 11 Del. C.§ 1112A. Prior to trial Cephas rejected two plea offers from the State one of which would have resulted in Cephas serving ten years incarceration and…”
Clark v. State (Del. 2026).
“23 the video was “specifically relevant to the charge of sexual solicitation of the child.”
State of Delaware v. Howard. (Del. Super. Ct. 2014).
“Howard raised the following four claims of error on direct appeal: (1) 11 Del. C. § 1112A (Sexual Solicitation of a Child) violates the free speech guarantee of the First Amendment; (2) 11 Del.”
— 11 Del. C. § 1112A(a)(1) — 1 case
Zambrana v. State, 118 A.3d 773 (Del. 2015).
“VAUGHN, Justice, for the Majority: Defendant-Below/Appellant Mark Zambrana was convicted by the Superior Court following a bench trial on two counts of Sexual Solicitation of a Child under 11 Del. C. § 1112A. On appeal, he contends that his admitted misconduct of soliciting his…”
— 11 Del. C. § 1112A(h) — 1 case
Burrows v. State (Del. 2019).
“Chief Justice 14 Compare 11 Del. C. § 1112A (establishing that “[a] person is guilty of sexual solicitation of a child if the person, being 18 years of age or older, intentionally or knowingly: (1) Solicits, requests, commands, importunes or otherwise attempts to cause any child…”
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