(a) A person is guilty of rape in the first degree when the person intentionally engages in sexual intercourse with another person and any of the following circumstances exist:
(1) The sexual intercourse occurs without the victim’s consent and during the commission of the crime, or during the immediate flight following the commission of 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
(2) The sexual intercourse occurs without the victim’s consent and it was facilitated by or occurred during the course of the commission or attempted commission of:
a. Any felony; or
b. Any of the following misdemeanors: reckless endangering in the second degree; assault in the third degree; terroristic threatening; unlawfully administering drugs; unlawful imprisonment in the second degree; coercion; or criminal trespass in the first, second or third degree; or
(3) In the course of the commission of rape in the second, third or fourth degree, or while in the immediate flight therefrom, the defendant displayed what appeared to be a deadly weapon or represents by word or conduct that the person is in possession or control of a deadly weapon or dangerous instrument; or
(4) The sexual intercourse occurs without the victim’s consent, and a principal-accomplice relationship within the meaning set forth in § 271 of this title existed between the defendant and another person or persons with respect to the commission of the crime; or
(5) The victim has not yet reached that victim’s twelfth birthday, and the defendant has reached that defendant’s eighteenth birthday.
(6) [Repealed.]
(b) Nothing contained 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.
(c) Notwithstanding any law to the contrary, a person convicted of rape in the first degree shall be sentenced to life imprisonment without benefit of probation, parole or any other reduction if:
(1) The victim had not yet reached that victim’s sixteenth birthday at the time of the offense and the person inflicts serious physical injury on the victim; or
(2) The person intentionally causes serious and prolonged disfigurement to the victim permanently, or intentionally destroys, amputates or permanently disables a member or organ of the victim’s body; or
(3) The person is convicted of rape against 3 or more separate victims; or
(4) The person has previously been convicted of unlawful sexual intercourse in the first degree, rape in the second degree or rape in the first degree, or any equivalent offense under the laws of this State, any other state or the United States.
Rape in the first degree is a class A felony.
71 Del. Laws, c. 285,
§
13;
70 Del. Laws, c. 186,
§
1;
74 Del. Laws, c. 93,
§
3;
77 Del. Laws, c. 318,
§
7;
Notes of Decisions
Stevens v. Delaware Corr. Ctr., 152 F. Supp. 2d 561 (D. Del. 2001).
“In 1998, the Delaware General Assembly repealed 11 Del. C. §§ 773, 774, and 775— unlawful sexual intercourse in the third, second, and first degree, respectively.”
McGriff v. State (Del. 2023).
· cites it 4× “§ 773(a)(2) with his 4 attempted first-degree rape conviction under 11 Del. C. § 773(a)(1).2 The Superior Court sentenced McGriff as follows: (i) for attempted first-degree rape, effective May 19, 2020, fifty years of Level V incarceration, suspended after thirty-six years for…”
Merritt v. Pierce, 239 F. Supp. 3d 801 (D. Del. 2017).
“See 11 Del. Code Ann. § 773. “Sexual intercourse” is defined as “[a]ny act of physical union of the genitalia or anus of one person with the mouth, anus, or genitalia of another person.”
State v. Doe, 351 A.2d 84 (Del. Super. Ct. 1976).
“Sexual intercourse is defined in 11 Del.C. § 773(b) as follows: § 773. Definitions generally applicable to sexual offenses.”
St. v. Terreros (Del. Super. Ct. 2021).
· cites it 2× “20 Compare 11 Del. C. § 773(a)(5), with id. § 773(a)(1)–(4).”
State v. Jackson (N.C. Ct. App. 2025).
· cites it 2× “Here, Defendant was convicted of first-degree rape of a minor in Delaware under 11 Del. C. § 773(a)(6) (2008). The trial court found and concluded the crime Defendant had committed in Delaware was substantially similar to North Carolina’s first-degree statutory sexual offense, N.”
State v. Finney (Del. Super. Ct. 2025).
· cites it 2× “(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.”
Wood v. State (Del. 2025).
· cites it 2× “The Court denied the State’s motion to affirm and asked the State to address apparent errors in the grand jury’s indictment because when Wood committed the conduct that formed the basis of the CG Counts: (i) there was not an offense entitled “first-degree rape” in the criminal…”
Mayhan v. State (Del. 2026).
· cites it 2× “21 11 Del. C. § 773(a) (defining first-degree rape); 11 Del.”
Hardwick v. Pierce, 148 F. Supp. 3d 338 (D. Del. 2015).
· cites it 2× “He was charged with rape under former 11 Del.Code § 773(a)(6), which provided that a defendant is guilty of first degree rape when the defendant intentionally engages in sexual intercourse with another person and the victim “has not yet reached his or her sixteenth birthday and…”
Israel v. State (Del. 2016).
“Under 11 Del. C. § 773(a)(2)a and § 4205(b)(1), a life sentence for first degree rape was a legal punishment when Israel was sentenced in 1985 and is still a legal punishment today.”
State v. Woodlin (Del. Super. Ct. 2017).
“Woodlin (“Woodlin”) was found guilty, following a jury trial on November 17, 2008, as charged, of one count Rape in the First Degree Without Consent, 11 Del. C. § 773; one count of Dangerous Crime Against a Child, 11 Del.”
— 11 Del. C. § 773(3)(5) — 1 case
— 11 Del. C. § 773(a) — 1 case
Mayhan v. State (Del. 2026).
“21 11 Del. C. § 773(a) (defining first-degree rape); 11 Del.”
— 11 Del. C. § 773(a)(1) — 3 cases
McGriff v. State (Del. 2023).
“§ 773(a)(2) with his 4 attempted first-degree rape conviction under 11 Del. C. § 773(a)(1).2 The Superior Court sentenced McGriff as follows: (i) for attempted first-degree rape, effective May 19, 2020, fifty years of Level V incarceration, suspended after thirty-six years for…”
— 11 Del. C. § 773(a)(2) — 2 cases
McGriff v. State (Del. 2023).
“§ 773(a)(2) with his 4 attempted first-degree rape conviction under 11 Del. C. § 773(a)(1).2 The Superior Court sentenced McGriff as follows: (i) for attempted first-degree rape, effective May 19, 2020, fifty years of Level V incarceration, suspended after thirty-six years for…”
Israel v. State (Del. 2016).
“Under 11 Del. C. § 773(a)(2)a and § 4205(b)(1), a life sentence for first degree rape was a legal punishment when Israel was sentenced in 1985 and is still a legal punishment today.”
— 11 Del. C. § 773(a)(2)(a) — 1 case
— 11 Del. C. § 773(a)(5) — 7 cases
St. v. Terreros (Del. Super. Ct. 2021).
“20 Compare 11 Del. C. § 773(a)(5), with id. § 773(a)(1)–(4).”
— 11 Del. C. § 773(a)(6) — 2 cases
State v. Jackson (N.C. Ct. App. 2025).
“Here, Defendant was convicted of first-degree rape of a minor in Delaware under 11 Del. C. § 773(a)(6) (2008). The trial court found and concluded the crime Defendant had committed in Delaware was substantially similar to North Carolina’s first-degree statutory sexual offense, N.”
Hardwick v. Pierce, 148 F. Supp. 3d 338 (D. Del. 2015).
“He was charged with rape under former 11 Del.Code § 773(a)(6), which provided that a defendant is guilty of first degree rape when the defendant intentionally engages in sexual intercourse with another person and the victim “has not yet reached his or her sixteenth birthday and…”
— 11 Del. C. § 773(b) — 3 cases
State v. Doe, 351 A.2d 84 (Del. Super. Ct. 1976).
“Sexual intercourse is defined in 11 Del.C. § 773(b) as follows: § 773. Definitions generally applicable to sexual offenses.”
St. v. Terreros (Del. Super. Ct. 2021).
“20 Compare 11 Del. C. § 773(a)(5), with id. § 773(a)(1)–(4).”
Wood v. State (Del. 2025).
“The Court denied the State’s motion to affirm and asked the State to address apparent errors in the grand jury’s indictment because when Wood committed the conduct that formed the basis of the CG Counts: (i) there was not an offense entitled “first-degree rape” in the criminal…”
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