Delaware Code
11 Del. C. § 770 (2026)
Rape in the fourth degree; class C felony
✓ current as of May 2026
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(a) A person is guilty of rape in the fourth degree when the person:
(1) Intentionally engages in sexual intercourse with another person, and the victim has not yet reached that victim’s sixteenth birthday; or
(2) Intentionally engages in sexual intercourse with another person, and the victim has not yet reached that victim’s eighteenth birthday, and the person is 30 years of age or older, except that such intercourse shall not be unlawful if the victim and person are married at the time of such intercourse; or
(3) Intentionally engages in sexual penetration with another person under any of the following circumstances:
a. The sexual penetration occurs without the victim’s consent; or
b. The victim has not reached that victim’s sixteenth birthday.
(4) [Repealed.]
(b) Paragraph (a)(3) of this section does not apply to a licensed medical doctor or nurse who places 1 or more fingers or an object inside a vagina or anus for the purpose of diagnosis or treatment or to a law-enforcement officer who is engaged in the lawful performance of his or her duties.
Rape in the fourth degree is a class C felony.
71 Del. Laws, c. 285, § 10; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 318, §§ 7, 9;Notes of Decisions
Cited in 20
cases (6 in the last 5 years), 2015–2025 · leading case: State v. Gordon (Del. Super. Ct. 2024).
State v. Gordon (Del. Super. Ct. 2024). “Although the indictment does not list the specific section of 11 Del. C. § 770, it is clear from the charging document that Gordon was specifically indicted under 11 Del.”
Smiley v. State (Del. 2024). “]” 11 Del. C. § 770(a)(1). 3 App. to Opening Br.”
State v. Jobes (Del. Super. Ct. 2018). “The defendant pled guilty at Final Case RevieW on February 24, 2016 to Rape Fourth Degree, under 16, 11 Del. C. § 770, as a lesser included offense of Rape in the Third Degree.”
State v. Jobes (Del. Super. Ct. 2018). “The defendant pled guilty at Final Case Review on February 24, 2016 to Rape Fourth Degree, under 16, 11 Del. C. § 770, as a lesser included offense of Rape in the Third Degree.”
Rowan v. State (Del. 2018). “Rowan was convicted of fourth degree rape under 11 Del. C. § 770(a)(2), which required proof beyond a reasonable doubt that he (i) intentionally had sexual intercourse, (2) with the alleged victim who had not yet reached her eighteenth birthday, (3) when he was over the age of…”
State v. Evans (Del. Super. Ct. 2020). “FREUD, Commissioner February 20, 2020 The defendant, Tyrone Evans, (“Evans”), pled no contest on January 30, 2019 to one count of Rape in the Fourth Degree Without Consent, 11 Del. C. §770 and one Count of Unlawful Sexual Contact in the Second Degree, 11 Del.”
Tucker v. State (Del. 2025). “…also 71 Del. Laws, c. 285, §§ 10, 14 (1998) (replacing unlawful sexual penetration with fourth-degree rape); see also 11 Del. C. § 770 (Revisor’s Note) (“Former §§ 770-772, concerning unlawful sexual penetration in the third, second, first degrees, were repealed by 71 Del.…”
State v. Lopez (Del. Super. Ct. 2016). “28 11 Del.C. § 770(a)(1). 13 the victim. You have admitted this not only to Detective Cordrey and this Court, but in your motion for postconviction relief.”
State v. Rowan (Del. Super. Ct. 2017). “§ 778; five counts of Rape in the Fourth Degree, 11 Del. C. § 770; and fifty-six counts of Breach of Conditions, 11 Del.”
State v. Rigby (Del. Super. Ct. 2018). “§ 773, and three counts of Rape Fourth Degree, victim under 16 years old, 11 Del. C. § 770 as lesser included offenses of one count of Rape in the First Degree and two counts of Rape in the Second Degree.”
State v. Washington (Del. Super. Ct. 2018). “2 11 Del. C. §770(a)(2) (1995). the three unlawful sexual intercourse charges.”
Jacbos v. DFS (Del. 2019). “”14 Fourth- degree rape, a violation of 11 Del. C. § 770, is delineated as a sexual offense in subpart D of subchapter II of Chapter 5 of Title 11.”
— 11 Del. C. § 770(a) — 1 case
State v. Ryan (Del. Super. Ct. 2024).
— 11 Del. C. § 770(a)(1) — 2 cases
Smiley v. State (Del. 2024). “]” 11 Del. C. § 770(a)(1). 3 App. to Opening Br.”
State v. Lopez (Del. Super. Ct. 2016). “28 11 Del.C. § 770(a)(1). 13 the victim. You have admitted this not only to Detective Cordrey and this Court, but in your motion for postconviction relief.”
— 11 Del. C. § 770(a)(2) — 3 cases
Rowan v. State (Del. 2018). “Rowan was convicted of fourth degree rape under 11 Del. C. § 770(a)(2), which required proof beyond a reasonable doubt that he (i) intentionally had sexual intercourse, (2) with the alleged victim who had not yet reached her eighteenth birthday, (3) when he was over the age of…”
State v. Washington (Del. Super. Ct. 2018). “2 11 Del. C. §770(a)(2) (1995). the three unlawful sexual intercourse charges.”
Williams v. State (Del. 2020).
— 11 Del. C. § 770(a)(3) — 1 case
State v. Gordon (Del. Super. Ct. 2024). “Although the indictment does not list the specific section of 11 Del. C. § 770, it is clear from the charging document that Gordon was specifically indicted under 11 Del.”
— 11 Del. C. § 770(a)(3)(a) — 1 case
State v. Gordon (Del. Super. Ct. 2024). “Although the indictment does not list the specific section of 11 Del. C. § 770, it is clear from the charging document that Gordon was specifically indicted under 11 Del.”
— 11 Del. C. § 770(a)(3)(b) — 1 case
State v. Gordon (Del. Super. Ct. 2024). “Although the indictment does not list the specific section of 11 Del. C. § 770, it is clear from the charging document that Gordon was specifically indicted under 11 Del.”
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