Delaware Code

11 Del. C. § 771 (2026)

Rape in the third degree; class B felony

✓ current as of May 2026

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(a) A person is guilty of rape in the third degree when the person:

(1) Intentionally engages in sexual intercourse with another person, and the victim has not reached that victim’s sixteenth birthday and the person is at least 10 years older than the victim, or the victim has not yet reached that victim’s fourteenth birthday and the person has reached that person’s nineteenth birthday and is not otherwise subject to prosecution pursuant to § 772 or § 773 of this title; or

(2) Intentionally engages in sexual penetration with another person under any of the following circumstances:

a. The sexual penetration occurs without the victim’s consent and during the commission of the crime, or during the immediate flight from the crime, or during an attempt to prevent the reporting of the crime, the person causes physical injury or serious mental or emotional injury to the victim; or

b. The victim has not reached that victim’s sixteenth birthday and during the commission of the crime, or during the immediate flight from the crime, or during an attempt to prevent the reporting of the crime, the person causes physical injury or serious mental or emotional injury to the victim.

(3) [Repealed.]

(b) Paragraph (a)(2) 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.

(c) Notwithstanding any law to the contrary, in any case in which a violation of subsection (a) of this section has resulted in the birth of a child who is in the custody and care of the victim or the victim’s legal guardian or guardians, the court shall order that the defendant, as a condition of any probation imposed pursuant to a conviction under this section, timely pay any child support ordered by the Family Court for such child.

(d) Nothing in this section shall preclude a separate charge, conviction and sentence for any other crime set forth in this title, or in the Delaware Code.

Rape in the third degree is a class B felony.

71 Del. Laws, c. 285, § 11; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 271, §§ 4-6; 77 Del. Laws, c. 318, §§ 7, 8;

Notes of Decisions

Cited in 8 cases (6 in the last 5 years), 2015–2025 · leading case: Karpov v. Karpov, 307 F.R.D. 345 (D. Del. 2015).

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Karpov v. Karpov, 307 F.R.D. 345 (D. Del. 2015). “On March 17, 2008, Karpov pled guilty of rape third degree (sexual penetration), 11 Del. C. § 771, and continuous sexual abuse of a child, 11 Del.”

Smiley v. State (Del. 2024). · cites it 2× “]” 11 Del. C. § 771(a)(1). 4 App. to Opening Br.”

Jobes v. State (Del. 2019). “10 Under these circumstances, Jobes cannot demonstrate a reasonable probability that the outcome of his case would have been better for him if he had gone to trial rather than enter into a plea agreement.”

State v. Perry (Del. Super. Ct. 2023). “1 11 Del. C. § 771. 2 11 Del. C. § 607. 1 2.”

State v. Joyner (Del. Super. Ct. 2023). “See 11 Del. C. § 771; 11 Del. C. § 4205(b)(2).”

State v. Joyner (Del. Super. Ct. 2023). “See 11 Del. C. §771; 11 Del. C. §4205(b)(2). for Modification of Sentence,5 which was denied.”

Deleon v. State Of Delaware (D. Del. 2023). “§ 4205(b)(2) (providing for a term of Level V incarceration for a Class B felony of “not less than 2 years up to 25 years”); 11 Del. C. § 771 (establishing rape in the third degree as a Class B felony).”

Anderson v. State (Del. 2025). “See 11 Del. C. § 771. 23 Reply Br. at 1–2 (“[T]he instant matter rests squarely on whether Anderson’s sentence was a product from a misapplication of an aggravating factor.”

— 11 Del. C. § 771(a)(1) — 1 case

Smiley v. State (Del. 2024). “]” 11 Del. C. § 771(a)(1). 4 App. to Opening Br.”

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