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

11 Del. C. § 774

Sexual extortion; class E felony; class B felony

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(a) A person is guilty of sexual extortion when the person intentionally:

(1) Compels or induces another person to do 1 or more of the following:

a. Engage in any sexual act involving contact, penetration, or intercourse with the defendant or another person.

b. Produce a visual depiction of the victim or another person who is nude, or who is engaging in sexual conduct, with the victim or another person.

(2) By means of instilling in the victim a fear that, if the sexual act or production is not performed, the defendant or another person will do 1 or more of the following:

a. Cause physical injury to anyone.

b. Cause damage to property.

c. Engage in other conduct constituting a crime.

d. Accuse anyone of a crime or cause criminal charges to be instituted against anyone.

e. Expose a secret or publicize an asserted fact, whether true or false, intending to subject anyone to hatred, contempt, or ridicule.

f. Falsely testify or provide information or withhold testimony or information with respect to another’s legal claim or defense.

g. Reproduce, distribute, exhibit, publish, transmit, or otherwise disseminate a visual depiction of any person who is nude, or who is engaging in sexual conduct.

h. Perform any other act which is calculated to materially harm another person with respect to the other person’s health, safety, business, calling, career, financial condition, reputation, or personal relationships.

(b) Except as provided in subsection (c) of this section, sexual extortion is a class E felony.

(c) Sexual extortion is a class B felony under any of the following circumstances:

(1) The defendant is an adult and the victim is 1 of the following:

a. A “child,” as defined in § 1100 of this title.

b. A “vulnerable adult,” as defined in § 1105 of this title.

(2) A violation of subsection (a) of this section causes the victim to suffer serious physical injury or death.

68 Del. Laws, c. 379, §  1;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 318, §§  2, 6;  83 Del. Laws, c. 406, § 1;  85 Del. Laws, c. 223, § 1; 
Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2015–2022 · leading case: Huffman v. State
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Huffman v. State (2015) del · cites it 2× “Nor has Huffman met 17 11 Del. C. § 774 (1990) (providing that minimum sentence for person convicted of Unlawful Sexual Intercourse in the Second Degree was ten years).”
Ward v. Department of Correction (2018) delsuperct “The test for dismissal under Superior Court Rule 12(b)(6) is whether the plaintiff may recover under any reasonably conceivable set of circumstances susceptible of proof under the complaint.”
Cohen v. Cohen (2022) ded “§ 766; (b) sexual extortion under 11 Del. C. § 774; (c) continuous sexual abuse of a child under 11 Del.”
Gibbs v. State (2015) del “The Superior Court denied the motions on the basis 2 11 Del C. § 774(1) (1996) (repealed 1998) (defining second degree unlawful sexual intercourse as intentionally engaging in sexual intercourse without the victim‟s consent and inflicting physical, mental or emotional upon the…”
— 11 Del. C. § 774(1) — 1 case
Gibbs v. State (2015) del “The Superior Court denied the motions on the basis 2 11 Del C. § 774(1) (1996) (repealed 1998) (defining second degree unlawful sexual intercourse as intentionally engaging in sexual intercourse without the victim‟s consent and inflicting physical, mental or emotional upon the…”
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