(a) Notwithstanding any provision of this chapter or any other laws to the contrary, the Superior Court, upon the State’s application, shall sentence a defendant convicted of any crime set forth in § 771(a)(2), § 772, § 773, § 776, § 777, § 777A, § 778(1) or (2) of this title to not less than 25 years up to life imprisonment to be served at Level V if 1 of the following apply:
(1) The defendant has previously been convicted or adjudicated delinquent of any sex offense set forth in this title and classified as a class A or B felony, or any similar offense under the laws of another state, the United States or any territory of the United States.
(2) The victim of the instant offense is a child less than 14 years of age.
(b) [Repealed.]
(c) Notwithstanding any provision of this chapter or any other laws to the contrary, the Superior Court, upon the State’s application, shall sentence a defendant convicted of any crime set forth in subsection (a) of this section to an additional 5 years to be served at Level V for any sentence imposed under subsection (a) of this section if the victim of the crime set forth in subsection (a) of this section is a child less than 7 years of age.
(d) (1) Notwithstanding any provision of this chapter or any other laws to the contrary, the Superior Court, upon the State’s application, shall sentence a defendant convicted of any crime set forth in § 769 or § 783(4) of this title to not less than 5 years to be served at Level V if the victim of the crime is a child less than 7 years of age.
(2) Notwithstanding any provision of this chapter or any other laws to the contrary, the Superior Court, upon the State’s application, shall sentence a defendant convicted of a crime set forth in § 783A(4) of this title to not less than 10 years to be served at Level V if the victim of the crime is a child less than 7 years of age.
75 Del. Laws, c. 438,
§
1;
77 Del. Laws, c. 318,
§
14;
80 Del. Laws, c. 26,
§
3;
80 Del. Laws, c. 349,
§
1;
81 Del. Laws, c. 297,
§
1;
Notes of Decisions
Cited in
24
cases (
18 in the last 5 years), 2016–2026 · leading case:
State v. Clark
State v. Clark (2021)
delsuperct · cites it 4×
“In advance of his sentencing, both parties submitted detailed written arguments regarding two issues: (1) the extent that some of these convictions should merge for purposes of sentencing, and (2) whether the sentencing enhancement of 11 Del. C. § 4205A applies to the guilty…”
State v. White (2024)
delsuperct · cites it 3×
“”19 That purported indictment failing isn’t that the actual fact triggering his sentencing under 11 Del. C. § 4205A—i.e., that his victim was a child under the age of 14—was either missing from his indictment or not admitted by him in his plea colloquy.”
Jones v. State (2020)
del · cites it 2×
“3 Jones agreed that he was subject to sentencing under 11 Del. C. § 4205A because his victim was less than 14 years old.”
State v. Jones (2020)
delsuperct · cites it 2×
“One unusual feature of the Criminal Code is found at 11 Del. C. §4205A, which upends the usual pattern of sentencing in sex offense cases where the victim is less than 14 years old.”
Jones v. State (2021)
del · cites it 2×
“§ 776(a) (“A person is guilty of continuous sexual abuse of a child when, either residing in the same home with the minor child or having recurring access to the child, the person intentionally engages in 3 or more acts of sexual conduct with a child under the age of 18 years of…”
Clark v. State (2022)
del · cites it 2×
“2 the State’s application for enhanced pedophile sentencing on Counts One through Six and Nine under 11 Del. C. § 4205A(a)(2).2 (5) The Superior Court sentenced Clark to 125 years of Level V incarceration followed by probation.”
Scaggs v. State (2023)
del · cites it 2×
“In exchange for the guilty plea, the State dismissed the other charges, agreed not to seek enhanced sentencing under 11 Del. C. § 4205A,1 and agreed to cap its sentencing recommendation at twenty-five years.”
State v. Seramone (2024)
delsuperct · cites it 2×
“9 The terms of the plea agreement into which Seramone entered, as explained by the State, were that Seramone would plead guilty to rape second degree, the State would enter nolle prosequis on the remaining charges in the indictment, request a presentence investigation, and…”
State v. Jones (2024)
delsuperct · cites it 2×
“” At the time of his plea, however, the State had informed him and his attorney that it would be seeking enhanced sentencing under 11 Del. C. § 4205A. Because the enhanced sentencing of section 4205A applies to victimizing children under the age of 14, the State amended the…”
Saylor v. State (2025)
del · cites it 2×
“Following a presentence investigation and the State’s application for enhanced sentencing under 11 Del. C. § 4205A,1 the Superior Court sentenced Saylor to 142 years of incarceration.”
Ruano-Avila v. State (2016)
del
“On September 18, 2013, Ruano-Avila pled guilty to two counts of Rape in the Fourth Degree as lesser- included offenses of Rape in the Second Degree and Attempted Rape in the Second 1 11 Del. C. § 4205A(a)(2) (Supp. 2016) (providing additional penalty for pedophile offenders).”
Morris v. State of Delaware (2016)
del
“10 See 11 Del. C. § 4205A. 5 (11) Next, Morris argues that his counsel was ineffective for failing to demand proof of what caused the recording equipment to malfunction during one of two recorded interviews with KM.”
— 11 Del. C. § 4205A(a) — 3 cases
Jones v. State (2020)
del
“3 Jones agreed that he was subject to sentencing under 11 Del. C. § 4205A because his victim was less than 14 years old.”
— 11 Del. C. § 4205A(a)(2) — 10 cases
Clark v. State (2022)
del
“2 the State’s application for enhanced pedophile sentencing on Counts One through Six and Nine under 11 Del. C. § 4205A(a)(2).2 (5) The Superior Court sentenced Clark to 125 years of Level V incarceration followed by probation.”
State v. Seramone (2024)
delsuperct
“9 The terms of the plea agreement into which Seramone entered, as explained by the State, were that Seramone would plead guilty to rape second degree, the State would enter nolle prosequis on the remaining charges in the indictment, request a presentence investigation, and…”
Ruano-Avila v. State (2016)
del
“On September 18, 2013, Ruano-Avila pled guilty to two counts of Rape in the Fourth Degree as lesser- included offenses of Rape in the Second Degree and Attempted Rape in the Second 1 11 Del. C. § 4205A(a)(2) (Supp. 2016) (providing additional penalty for pedophile offenders).”
Jones v. State (2021)
del
“§ 776(a) (“A person is guilty of continuous sexual abuse of a child when, either residing in the same home with the minor child or having recurring access to the child, the person intentionally engages in 3 or more acts of sexual conduct with a child under the age of 18 years of…”
— 11 Del. C. § 4205A(d)(1) — 1 case
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.