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

11 Del. C. § 776

Continuous sexual abuse of a child; class B felony

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(a) A person is guilty of continuous sexual abuse of a child when, either residing in the same home with the minor child or having recurring access to the child, the person intentionally engages in 3 or more acts of sexual conduct with a child under the age of 18 years of age over a period of time, not less than 3 months in duration.

(b) Sexual conduct under this section is defined as any of those criminal sexual acts defined under § 768, § 769, § 770, § 771, § 772, § 773, 777A, § 778, § 778A or § 1108 of this title.

(c) To convict under this section, the trier of fact, if a jury, need unanimously agree only that the requisite number of acts occurred, not on which acts constitute the requisite number.

(d) Continuous sexual abuse of a child is a class B felony.

69 Del. Laws, c. 442, §  1;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 392, §  4;  77 Del. Laws, c. 318, §§  3, 4, 6; 
Notes of Decisions
Cited in 12 cases (9 in the last 5 years), 2017–2026 · leading case: State v. Jones
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State v. Jones (2020) delsuperct · cites it 2× “211 Del. C. §776, 11 Del. C. §4205(b)(2). 2 petition by the State,’ the Court must impose a mandatory 25 year sentence upon a mere “application” by the State.”
Jones v. State (2024) del · cites it 2× “The truth- 1 See 11 Del. C. § 776(a) (“A person is guilty of continuous sexual abuse of a child when, either residing in the same home with the minor child or having recurring access to the child, the person intentionally engages in 3 or more acts of sexual conduct with a child…”
Molina v. State (2017) del “§ 778(1), one count of Continuous Sexual Abuse of a Child under 11 Del. C. § 776, and four counts of Sexual Abuse of a Child by a Person in a Position of Trust or Authority in the First Degree under 11 Del.”
Smith v. State (2018) del “27 11 Del. C. § 776. 13 person stands in a position of trust, authority or supervision over the child.”
Jones v. State (2021) del “§ 4205A,2 to fifty years of incarceration, 1 See 11 Del. C. § 776(a) (“A person is guilty of continuous sexual abuse of a child when, either residing in the same home with the minor child or having recurring access to the child, the person intentionally engages in 3 or more acts…”
State v. Cephas (2021) delsuperct “§ 772; one count of Continuous Sexual Abuse ofa Child 13, 11 Del. C. § 776; four counts of Unlawful Sexual Contact in the Second Degree, 11 Del.”
Kent v. State (2021) del “did not reside at her aunt’s home while Kent was living there and Kent did not have recurring access to her at that point.”
Cohen v. Cohen (2022) ded “§ 774; (c) continuous sexual abuse of a child under 11 Del. C. § 776; (d) indecent exposure under 11 Del.”
State v. Jones (2024) delsuperct “Section 4205A, entitled “Additional penalty for serious sex offenders or pedophile offenders,” provides that defendants convicted of violating, inter alia, 11 Del. C. § 776 shall be sentenced to “not less than 25 years up to life imprisonment” if the “victim of the instant…”
Kent v. State (2025) del “was able to give a precise recollection of the acts that occurred, testified as to the number of acts that occurred, and provided a general time frame.”
Jones v. State (2025) del “, a child who had not yet reached said victim’s twelfth birthday and the defendant had reached the defendant’s eighteenth birthday”—and the language of Count VI tracked the statutory language of 11 Del. C. § 776(a)—and alleged that Jones “on or between the 26th day of January,…”
State v. Marks (2026) delsuperct “38 See, 11 Del. C. § 776 (a)(a person is guilty of continuous sexual abuse of a child when residing in the same home with the minor child the person intentionally engages in 3 or more acts of sexual conduct with a child under the age of 18 years of age over a period of time of…”
— 11 Del. C. § 776(a) — 5 cases
Jones v. State (2024) del “The truth- 1 See 11 Del. C. § 776(a) (“A person is guilty of continuous sexual abuse of a child when, either residing in the same home with the minor child or having recurring access to the child, the person intentionally engages in 3 or more acts of sexual conduct with a child…”
Jones v. State (2021) del “§ 4205A,2 to fifty years of incarceration, 1 See 11 Del. C. § 776(a) (“A person is guilty of continuous sexual abuse of a child when, either residing in the same home with the minor child or having recurring access to the child, the person intentionally engages in 3 or more acts…”
Kent v. State (2021) del “did not reside at her aunt’s home while Kent was living there and Kent did not have recurring access to her at that point.”
Kent v. State (2025) del “was able to give a precise recollection of the acts that occurred, testified as to the number of acts that occurred, and provided a general time frame.”
Jones v. State (2025) del “, a child who had not yet reached said victim’s twelfth birthday and the defendant had reached the defendant’s eighteenth birthday”—and the language of Count VI tracked the statutory language of 11 Del. C. § 776(a)—and alleged that Jones “on or between the 26th day of January,…”
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