Delaware Code

11 Del. C. § 763 (2026)

Sexual harassment; unclassified misdemeanor

✓ current as of May 2026

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A person is guilty of sexual harassment when:

(1) The person threatens to engage in conduct likely to result in the commission of a sexual offense against any person; or

(2) The person suggests, solicits, requests, commands, importunes or otherwise attempts to induce another person to have sexual contact or sexual intercourse or unlawful sexual penetration with the actor, knowing that the actor is thereby likely to cause annoyance, offense or alarm to that person.

Sexual harassment is an unclassified misdemeanor.

65 Del. Laws, c. 494, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1;

Notes of Decisions

Cited in 10 cases (1 in the last 5 years), 1975–2022 · leading case: State v. Whetstine, 315 N.W.2d 758 (Iowa 1982).

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State v. Whetstine, 315 N.W.2d 758 (Iowa 1982). “The court chose to exclude oral penetration from the definition of rape noting: “[I]t is clear that noncon-sensual cunnilingus and other forms of abhorrent sexual misconduct are prohibited by other sections and may be severely punished.”

State v. Bros., 384 A.2d 402 (Del. Super. Ct. 1978). “Since the definition of “without consent” in 11 Del.C. §§ 763, 767, includes force or threat, I see no reason to assume that the State by using “without consent” in its indictment meant to rely *404 solely on an alleged violation of the age of consent to establish the crime.”

Hand v. State, 354 A.2d 140 (Del. 1976). “HERRMANN, Chief Justice: The defendant was convicted of rape (11 Del.C. § 763), kidnapping [11 Del.C. § 783(4)], and possession of a deadly weapon during the commission of a felony (11 *141 Del.”

Klase v. State, 346 A.2d 160 (Del. 1975). “Although defendant contends that he was improperly tried for two distinct offenses, under a single count, the record clearly indicates that he was charged, tried and convicted for one rape offense.”

Martin v. State, 346 A.2d 158 (Del. 1975). “” 11 Del.C. § 763. In this case the State’s evidence proved oral and rectal intercourse with the victim without her consent.”

United States Ex Rel. Hand v. Redman, 416 F. Supp. 1109 (D. Del. 1976). “§ 2254 in an effort to secure his release from a prison sentence imposed by the Superior Court of the State of Delaware in and for New Castle County after a jury found him guilty of one count of rape, 11 Del.C. § 763, one count of kidnapping, 11 Del.”

White v. State, 348 A.2d 688 (Del. 1975). “Delaware’s statutory provision concerning rape, 11 Del.C. § 763, provides: “§ 763. Rape; class A felony; class B felony.”

State v. Doe, 351 A.2d 84 (Del. Super. Ct. 1976). “The State concedes that its evidence in this case is such as to place before the Court the very limited issue of whether the act of penetration of a vagina by a male tongue could constitute rape second degree under the provisions of 11 Del.C. § 763 which reads as follows: § 763.”

Mai v. Troxler (D. Del. 2022). · cites it 2× “A liberal reading of the Complaint indicates the claims are: (1) denial of medical care such as electrolysis/hair removal and sex reassignment surgery; (2) failure to address suicide risk; (3) failure to transfer Plaintiff to Bailor Women’s Correctional Institution (“BWCI”); (4)…”

State of Delaware v. Clinton Harris (Del. Ct. Com. Pl. 2016). “” 3 Specifically, this Court found that the State has failed to allege sufficient facts that could give rise to any conduct described in 11 Del.C. § 763(2). Therefore, the State is limited to its argument that the alleged statement constituted a threat.”

— 11 Del. C. § 763(2) — 1 case

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