11 Del. C. § 769
Unlawful sexual contact in the first degree; class D felony
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(a) A person is guilty of unlawful sexual contact in the first degree when:
(1) In the course of committing unlawful sexual contact in the third degree or in the course of committing unlawful sexual contact in the second degree, or during the immediate flight from the crime, or during an attempt to prevent the reporting of the crime, the person causes physical injury to the victim or the person displays what appears to be a deadly weapon or dangerous instrument; or represents by word or conduct that the person is in possession or control of a deadly weapon or dangerous instrument.
(2) [Repealed.]
(3) The person intentionally has sexual contact with another person who is less than 13 years of age or causes the victim to have sexual contact with the person or a third person.
(b) Unlawful sexual contact in the first degree is a class D felony.
11 Del. C. 1953, § 767; 58 Del. Laws, c. 497, § 1; 61 Del. Laws, c. 56, § 2; 65 Del. Laws, c. 494, § 1; 66 Del. Laws, c. 269, § 21; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 93, § 3; 75 Del. Laws, c. 392, § 1; 76 Del. Laws, c. 364, § 2; 77 Del. Laws, c. 148, § 34; 77 Del. Laws, c. 318, § 7;Notes of Decisions
Cited in 18
cases (8 in the last 5 years), 2015–2025 · leading case: Paczkowski v. State Of Delaware
Paczkowski v. State Of Delaware (2020)
“41-2) On April 4, 2012, Petitioner pled guilty to one count of first degree unlawful sexual contact under 11 Del. Code § 769 (lesser included offense) and one count of unlawful sexual solicitation under 11 Del.”
State v. Herbert (2022)
“genitalia” or “[i]ntentionally causing or allowing another person to 2 See generally 11 Del. C. § 769(a) (2010). 3 See generally id.”
State v. Finney (2025)
“’” 140 In Allison, the defendant claimed that his trial counsel was ineffective for failing to request a jury instruction on the elements of second degree robbery as a lesser- 137 11 Del. C. §769 sets forth the elements of Unlawful Sexual Contact in the First Degree and…”
Jacobs v. State (2015)
“2 11 Del. C. § 769. (2) In the fall of 2010, S.”
Scannapieco v. State (2016)
“f 11 Del. C. §769. 3 11 pet C. § 776. (l) was not the victim; (2) had a history of bad blood with Scannapieco;" and (3) had been indicted for sexual assault against a minor in New Jersey.”
Smith v. State (2018)
“(31) This Court has reviewed the record carefully and has concluded that Smith’s appeal is wholly without merit and devoid of any arguably appealable issue. We also are satisfied that Counsel has made a conscientious effort to examine the record and the law and has properly…”
Joyner v. State (2019)
“7 11 Del. C. § 769(a)(1). 5 The jury also convicted him of Kidnapping in the First Degree, Strangulation, and Malicious Interference with Emergency Communications.”
Gladden v. State (2019)
“5 See 11 Del. C. § 769(b) (providing that Unlawful Sexual Contact is a Class D felony); 11 Del.”
Soto v. State (2019)
“4 claim that his sentence violated SENTAC guidelines, the guidelines are non-binding and do not provide a basis for appeal of a sentence that is within statutory authorized limits as in this case.”
Husbands v. Delaware Department of Education (2019)
“BACKGROUND AND PROCEDURAL HISTORY On June 25, 2015, Husbands, a Milford School District (“MSD”) administrator, was arrested and charged with multiple counts of unlawful sexual contact with a person under the age of thirteen in violation of 11 Del. C. § 769 and Endangering the…”
State v. Kent (2019)
“25-11 Del. C. § 769(a)(3). 6 Id. § 761(g)(1).”
State v. Cephas (2020)
“§ 776; four counts of Unlawful Sexual Contact in the Second Degree,11 Del. C. § 769, as a lesser included offense of Rape in the First Degree and one count of Sexual Solicitation of a Child , 11 Del.”
— 11 Del. C. § 769(a) — 2 cases
State v. Herbert (2022)
“genitalia” or “[i]ntentionally causing or allowing another person to 2 See generally 11 Del. C. § 769(a) (2010). 3 See generally id.”
State v. Herbert (2022)
— 11 Del. C. § 769(a)(1) — 1 case
Joyner v. State (2019)
“7 11 Del. C. § 769(a)(1). 5 The jury also convicted him of Kidnapping in the First Degree, Strangulation, and Malicious Interference with Emergency Communications.”
— 11 Del. C. § 769(a)(3) — 6 cases
Smith v. State (2018)
“(31) This Court has reviewed the record carefully and has concluded that Smith’s appeal is wholly without merit and devoid of any arguably appealable issue. We also are satisfied that Counsel has made a conscientious effort to examine the record and the law and has properly…”
State v. Kent (2019)
“25-11 Del. C. § 769(a)(3). 6 Id. § 761(g)(1).”
State v. Herbert (2022)
“genitalia” or “[i]ntentionally causing or allowing another person to 2 See generally 11 Del. C. § 769(a) (2010). 3 See generally id.”
State v. Herbert (2022)
State v. Finney (2025)
“’” 140 In Allison, the defendant claimed that his trial counsel was ineffective for failing to request a jury instruction on the elements of second degree robbery as a lesser- 137 11 Del. C. §769 sets forth the elements of Unlawful Sexual Contact in the First Degree and…”
— 11 Del. C. § 769(b) — 3 cases
Gladden v. State (2019)
“5 See 11 Del. C. § 769(b) (providing that Unlawful Sexual Contact is a Class D felony); 11 Del.”
Soto v. State (2019)
“4 claim that his sentence violated SENTAC guidelines, the guidelines are non-binding and do not provide a basis for appeal of a sentence that is within statutory authorized limits as in this case.”
ANDERSON v. STATE (2025)
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