(a) A “dangerous crime against a child” means any criminal sexual conduct against a minor under the age of 14 years as defined in §§ 770-773, § 777A, §§ 778 through 778A, or §§ 1108 through 1112B of this title. For purposes of this section only, and § 762(a) of this title to the contrary notwithstanding, the defendant may use as an affirmative defense that the defendant believed that the victim of the crime was over the age of 16 years of age.
(b) Except as otherwise provided in this title, a person who is at least 18 years of age, or who has been tried as an adult and who is convicted of a dangerous crime against a child as defined in subsection (a) of this section, shall be guilty of a class B felony. For a second offense under this section, the Court shall impose a mandatory sentence of life imprisonment.
(c) A person sentenced pursuant to this section shall not be eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the sentence imposed by the Court has been served.
70 Del. Laws, c. 124,
§
1;
71 Del. Laws, c. 467,
§
7;
77 Del. Laws, c. 318,
§§
5, 6;
80 Del. Laws, c. 175,
§
3;
Notes of Decisions
Cited in
3
cases (
2 in the last 5 years), 2019–2024 · leading case:
State v. Feliciano (Del. Super. Ct. 2024).
State v. Harmon (Del. Super. Ct. 2019).
“The defendant was arrested on June 15, 2017, and subsequently charged by indictment with two counts of Sexual Abuse of a Child by a Person in a Position of Trust, Authority or Supervision in the First Degree, violations of 11 Del. C. § 777(2), and two counts of Sex Offender…”
State v. Feliciano (Del. Super. Ct. 2024).
“10 (4) On February 8, 2024, Feliciano filed the instant pro se Rule 61 Motion, stating that (1) his sentence should be reevaluated in light of amendments made to 11 Del. C. §§ 777 and 777A; (2) his mental health and competency should have been considered as mitigating factors in…”
— 11 Del. C. § 777(2) — 1 case
State v. Harmon (Del. Super. Ct. 2019).
“The defendant was arrested on June 15, 2017, and subsequently charged by indictment with two counts of Sexual Abuse of a Child by a Person in a Position of Trust, Authority or Supervision in the First Degree, violations of 11 Del. C. § 777(2), and two counts of Sex Offender…”
— 11 Del. C. § 777(a) — 1 case
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