Delaware Code
11 Del. C. § 1259 (2026)
Sexual relations in detention facility; class G felony [Repealed]
✓ current as of May 2026
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62 Del. Laws, c. 282,
§
1;
67 Del. Laws, c. 130,
§
8;
70 Del. Laws, c. 186,
§
1;
77 Del. Laws, c. 241,
§
1;
repealed by 81 Del. Laws, c. 389, § 2, effective Aug. 29, 2018.;
Notes of Decisions
Cited in 4
cases (1 in the last 5 years), 1997–2023 · leading case: Carrigan v. Davis, 70 F. Supp. 2d 448 (D. Del. 1999).
Carrigan v. Davis, 70 F. Supp. 2d 448 (D. Del. 1999). “However, a violation of 11 Del.Code § 1259 does not establish a violation of a constitutional right for purposes of establishing a Section 1983 violation, and the Court does not refer to this statute to elevate it to a constitutional level.”
Carrigan v. State of Del., 957 F. Supp. 1376 (D. Del. 1997). “The seriousness of these policies is emphasized by their embodiment in 11 Del.Code § 1259, which criminalizes employee and/or inmate sexual relations in a detention facility.”
Daniels v. Delaware, 120 F. Supp. 2d 411 (D. Del. 2000). “Further, these policies are reinforced by the Department of Correction Training Materials, as well as by 11 Del.C. § 1259, which criminalizes employee and/or inmate sexual relations in a detention facility.”
Franklin v. Franklin Cnty., Kentucky (E.D. Ky. 2023). “1, 2003) (“That an inmate cannot assert consent as a defense to the crime articulated in 11 Del. C. § 1259 does not mean that an inmate can avoid the consequences of consent in a civil suit.”
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