Del. C. » Title 11 — Crimes and Criminal Procedure · Delaware Criminal Code · CHAPTER 5. Specific Offenses · Subchapter II. Offenses Against the Person
Delaware Code

11 Del. C. § 767 (2026)

Unlawful sexual contact in the third degree; class A misdemeanor

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A person is guilty of unlawful sexual contact in the third degree when the person has sexual contact with another person or causes the victim to have sexual contact with the person or a third person and the person knows that the contact is either offensive to the victim or occurs without the victim’s consent.

Unlawful sexual contact in the third degree is a class A misdemeanor.

11 Del. C. 1953, §  761;  58 Del. Laws, c. 497, §  1;  65 Del. Laws, c. 494, §  1;  66 Del. Laws, c. 269, §  19;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1; 
Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 2004–2023 · leading case: Khaimraj Singh v. John Ashcroft, 383 F.3d 144 (3d Cir. 2004).
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Khaimraj Singh v. John Ashcroft, 383 F.3d 144 (3d Cir. 2004). · cites it 13× “The offense of conviction was 11 Del. C. § 767, “Unlawful sexual contact in the third degree,” which provides: A person is guilty of unlawful sexual contact in the third degree when the person has sexual contact with another person or causes the victim to have sexual contact…”
Khaimraj Singh v. Atty Gen USA, No. 03-1532 (3d Cir. Sept. 17, 2004). · cites it 6× “A person is guilty of unlawful § 1101(a)(43)(A), and if it does, does a sexual contact in the third degree conviction under 11 Del. C. § 767 when the person has sexual contact nonetheless qualify as a conviction for with another person or causes the sexual abuse of a minor? We…”
State of Delaware v. Clinton Harris, No. 1507013159 (Del. Ct. Com. Pl. Apr. 20, 2017). · cites it 2× “36 11 Del. C. § 767. 20 claim that the sexual contact was unlawful because it is alleged it was without consent.”
Wilmer v. State, No. 628, 2015 (Del. Apr. 5, 2016). “3 11 Del. C. § 767. 2 for other purposes because it was “part and parcel of” the alleged conduct forming the basis of the charged offense of unlawful sexual intercourse.”
State of Delaware v. Clinton Harris, No. 1507013159 (Del. Ct. Com. Pl. Sept. 26, 2016). “” 11 Del.C. § 767. 9 limitations is not applicable and, therefore, time is not of the essence.”
State v. Davis, No. 1702000792 (Del. Super. Ct. July 24, 2019). “On November 6, 2017, the Petitioner pled guilty to one count of Unlawful Sexual Contact in the Third Degree, a misdemeanor, in violation of 11 Del. C. § 767. This is a Tier I designated offense pursuant to 11 Del.”
Trotter v. Akinbayo, No. 1:20-cv-00336 (D. Del. Jan. 3, 2023). “9 11 Del. C. § 767. 10 D.I. 24-1, Ex. A at Page 2 of 12–Page 4 of 12.”
Ferreira-Arias v. Attorney Gen., 323 F. App'x 131 (3d Cir. 2009). “In Singh , we determined that a violation of 11 Del. C. § 767, which defines unlawful sexual contact in the third degree, did not constitute “sexual abuse of a minor” under the INA because § 767 does not require a finding of the age of the victim.”
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