Delaware Code
11 Del. C. § 454 (2026)
Knowledge of victim’s age
✓ current as of May 2026
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Notwithstanding any provision of law to the contrary, it is no defense for an offense or sentencing provision defined in this title or in Title 16 or 31 which has as an element of such offense or sentencing provision the age of the victim that the accused did not know the age of the victim or reasonably believed the person to be of an age which would not meet the element of such offense or sentencing provision unless the statute defining such offense or sentencing provision or a statute directly related thereto expressly provides that knowledge of the victim’s age is an element of the offense or that lack of such knowledge is a defense.
73 Del. Laws, c. 126, § 2;Notes of Decisions
Cited in 2
cases (1 in the last 5 years), 2018–2022 · leading case: Rowan v. State (Del. 2018).
Rowan v. State (Del. 2018). “(10) Rowan’s third claim on appeal is that his convictions should be set aside because, under the circumstances in his case, although he had sexual intercourse with the sixteen-year-old victim, his conduct should not be viewed as criminally culpable because he and the victim had…”
Rowan v. May (D. Del. 2022). “In fact, 11 Del. Code § 454 provides, in relevant part: [i]t is no defense for an offense or sentencing provision defined in this title or in Title 16 or 31 which has as an element of such offense or sentencing provision the age of the victim that the accused did not know the…”
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