Del. C. » Title 11 — Delaware Criminal Code · CHAPTER 5. Specific Offenses · Crimes and Criminal Procedure
Delaware Code

11 Del. C. § 768 (2026)

Unlawful sexual contact in the second degree; class F felony

✓ current as of May 2026
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A person is guilty of unlawful sexual contact in the second degree when the person intentionally has sexual contact with another person who is less than 18 years of age or causes the victim to have sexual contact with the person or a third person.

Unlawful sexual contact in the second degree is a class F felony.

11 Del. C. 1953, §§  761, 762;  58 Del. Laws, c. 497, §  1;  65 Del. Laws, c. 494, §  1;  66 Del. Laws, c. 269, §  20;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 364, §  1;  77 Del. Laws, c. 148, §  33; 
Notes of Decisions
Cited in 19 cases (3 in the last 5 years), 1996–2025 · leading case: Khaimraj Singh v. John Ashcroft, Attorney Gen. of the United States of Am., 383 F.3d 144 (3rd Cir. 2004).
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Khaimraj Singh v. John Ashcroft, Attorney Gen. of the United States of Am., 383 F.3d 144 (3rd Cir. 2004). “For this, the State of Delaware charged him under 11 Del. C. § 768, “Unlawful sexual contact in the second degree.”
Ex Parte White, 211 S.W.3d 316 (Tex. Crim. App. 2007). “Applicant acknowledges that the trial court took judicial notice of the specific Delaware statutes setting forth the elements for unlawful sexual contact in the second degree: 11 Del. C. § 768 (1993) defines a person as guilty of unlawful sexual contact in the second degree…”
Petition of State, 708 A.2d 983 (Del. 1998). “On July 13, 1996, New Castle County Police arrested Gregory Korn, 2 a juvenile, on two counts of second degree unlawful sexual conduct, 11 Del. C. § 768, based on accounts of witnesses of two incidents that allegedly occurred in a swimming pool of an apartment complex.”
Vanderhoff v. State, 684 A.2d 1232 (Del. 1996). “Vanderhoff (“Van-derhoff’), was convicted in the Superior Court of eight counts of second degree unlawful sexual contact (11 Del.C. § 768) and one count of first degree unlawful sexual intercourse (11 Del.”
United States v. Phillips, 345 F. App'x 772 (3rd Cir. 2009). “Delaware imposes no mandatory minimum sentence for the sort of sexual contact with a minor in which Phillips engaged.”
Tucker v. State (Del. 2025). · cites it 6× “8 Count 6: Unlawful sexual contact in the second degree in violation of 11 Del. C. § 768, alleging that, on or about April 21, 1997, Tucker intentionally had sexual contact with T.”
State v. Green (Del. Super. Ct. 2019). · cites it 2× “§ 778; and one count of Unlawful Sexual Contact in the Second Degree, 11 Del. C. § 768. It found him not guilty of the following: two counts of Rape in the First Degree; six counts of Child Abuse; three counts of Rape in the Second Degree; one count of Continual Sexual Abuse of…”
State v. Evans (Del. Super. Ct. 2020). · cites it 2× “§770 and one Count of Unlawful Sexual Contact in the Second Degree, 11 Del. C. § 768. He was also facing an additional count of Rape in the Fourth Degree, two counts of Sexual Abuse of a Child, an additional count of Unlawful Sexual Contact in the Second Degree, one count of…”
Scalia v. Local 1694, Int'l Longshoremen's Ass'n (D. Del. 2021). · cites it 2× “11 Del. C. § 768; D.I. 10, at 9. The Secretary argues that this crime is not “rape” for purposes of § 504(a).”
United States v. Pavulak, 819 F. Supp. 2d 386 (D. Del. 2011). · cites it 3× “As noted above, defendant was convicted twice (in 1998 and 2005) under 11 Del. C. § 768, which expressly requires proof that the victims were minors.”
State of Delaware v. Klaft. (Del. Super. Ct. 2015). · cites it 2× “§ 770; and unlawful sexual contact 2nd degree in violation of 11 Del. C. § 768. The information filed against him charged him with sex offender unlawful sexual conduct against a child in violation of 11 Del.”
Ferreira-Arias v. Attorney Gen., 323 F. App'x 131 (3rd Cir. 2009). · cites it 2× “In 2002, he was convicted in Delaware state court of unlawful sexual contact in the second degree, in violation of 11 Del. C. § 768. On January 7, 2003, the government issued a Notice to Appear, charging Ferreira-Arias with being removable under INA § 237(a)(2)(A)(iii) as an…”
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