11 Del. C. § 766

Incest; class A misdemeanor

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(a) A person is guilty of incest if the person engages in sexual intercourse with another person with whom the person has 1 of the following relationships:

A male and his child.

A male and his parent.

A male and his brother.

A male and his sister.

A male and his grandchild.

A male and his niece or nephew.

A male and his father’s sister or brother.

A male and his mother’s sister or brother.

A male and his father’s wife.

A male and his wife’s child.

A male and the child of his wife’s son or daughter.

A female and her parent.

A female and her child.

A female and her brother.

A female and her sister.

A female and her grandchild.

A female and her niece or nephew.

A female and her father’s sister or brother.

A female and her mother’s sister or brother.

A female and her mother’s husband.

A female and her husband’s child.

A female and the child of her husband’s son or daughter.

(b) The relationships referred to herein include blood relationships without regard to legitimacy and relationships by adoption.

Incest is a class A misdemeanor and is an offense within the original jurisdiction of the Family Court.

11 Del. C. 1953, §  771;  58 Del. Laws, c. 497, §  165 Del. Laws, c. 494, §  167 Del. Laws, c. 130, §  870 Del. Laws, c. 186, §  1
Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2008–2022 · leading case: Hartman v. State
Hartman v. State (2008) del “Hartman represented himself at the retrial and continues to act as his own counsel on appeal.”
State v. Woodlin (2017) delsuperct “0709033390 July 18, 2017 769; one count of Incest, 11 Del. C. § 766; and two counts of Indecent Exposure First Degree, 11 Del.”
Cohen v. Cohen (2022) ded “To establish liability for Count II, Plaintiff had the burden of proving, by a preponderance of the evidence, each of the elements of any one of several statutes: (a) incest under 11 Del. C. § 766; (b) sexual extortion under 11 Del.”
— 11 Del. C. § 766(a) — 1 case
Hartman v. State (2008) del “Hartman represented himself at the retrial and continues to act as his own counsel on appeal.”
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