(a) A sex offender who knowingly commits any sexual offense against a child is guilty of sex offender unlawful sexual conduct against a child.
(b) For purposes of this section, “sex offender” means as defined in § 4121 of this title.
(c) For purposes of this section, the term “sexual offense” shall mean any offense designated as a sexual offense by § 761(i) of this title.
(d) For purposes of this section, “child” means any individual who has not reached that child’s eighteenth birthday. If the underlying sexual offense involves an offense defined by §§ 1108 through 1112B of this title, “child” also means any individual who is intended by the defendant to appear to be 14 years of age or less. A sex offender who knowingly possesses any material prohibited by § 1111 of this title is committing an offense against a child for purposes of this section.
(e) Sex offender unlawful sexual conduct against a child shall be punished as follows:
(1) If the underlying sexual offense is a misdemeanor, the crime of sex offender unlawful sexual conduct against a child shall be a class G felony except where the child against whom a sexual offense is committed is a child younger than 12 years of age in which case the crime of sex offender unlawful sexual conduct against a child shall be a class C felony;
(2) If the underlying sexual offense is a class C, D, E, F, or G felony, the crime of sex offender unlawful sexual conduct against a child shall be a felony 1 grade higher than the underlying offense except where the child against whom a sexual offense is committed is a child younger than 12 years of age in which case the crime of sex offender unlawful sexual conduct against a child shall be a class B felony;
(3) If the underlying sexual offense is a misdemeanor and the victim is under 18 years of age and has a cognitive disability, the crime of sex offender unlawful sexual conduct against a child shall be a class C felony;
(4) If the underlying sexual offense is a class C, D, E, F, or G felony and the victim is under 18 years of age and has a cognitive disability, the crime of sex offender unlawful sexual conduct against a child shall be a class B felony;
(5) If the underlying sexual offense is a class A or B felony, the crime of sex offender unlawful sexual conduct against a child shall be the same grade as the underlying offense, and the minimum sentence of imprisonment required for the underlying offense shall be doubled.
(f) The provisions of this section shall not apply if the defendant is also a child.
76 Del. Laws, c. 66,
§
2;
77 Del. Laws, c. 149,
§§
1, 2;
77 Del. Laws, c. 150,
§
4;
77 Del. Laws, c. 318,
§
6;
80 Del. Laws, c. 175,
§
4;
82 Del. Laws, c. 150,
§
1;
Notes of Decisions
Paczkowski v. State Of Delaware (D. Del. 2020).
· cites it 5× “at 2) On December 19, 2011, Petitioner was indicted on five counts of sex offender unlawful sexual conduct against a child in violation of 11 Del. Code § 777A for allegedly committing sexual acts against S.”
Just. v. State (Del. 2024).
· cites it 3× “(2) In April 2012, a grand jury indicted Justice on eight counts of sex offender unlawful sexual conduct against a child under 11 Del C. § 777A. Seven counts were based on the underlying sexual offense of second-degree rape (“USC Second-Degree Rape”) and one count was based on…”
State of Delaware v. Klaft. (Del. Super. Ct. 2015).
· cites it 2× “§ 772; sex offender unlawful sexual conduct against a child in violation of 11 Del. C. § 777A (two counts); sexual exploitation of a child in violation of 11 Del.”
State v. Harmon (Del. Super. Ct. 2019).
“§ 777(2), and two counts of Sex Offender Unlawful Sexual Conduct Against a Child, violations of 11 Del. C. § 777A. The case resulted from a disclosure of sexual abuse by the 14-year old victim who informed her ' Part of the Plea Agreement with the State was that in exchange for…”
Paczkowski v. State Of Delaware (D. Del. 2021).
“In his Rule 59(e) Motions for Reconsideration, Petitioner contends that the Court erred in dismissing his Petition as time-barred because the limitations period did not begin to run until September 3, 2015, the date on which the amendment to 11 Del Code § 777A became effective.…”
Baldwin v. State (Del. 2026).
“25 11 Del. C. § 777A. The parties stipulated that Baldwin was a convicted sex offender at the time of the alleged offense.”
State v. Deputy, Gee, Turner, & Wright (Del. Super. Ct. 2026).
“2012) (requiring this Court to use a bifurcation procedure for trials under 11 Del. C. § 777A—defining a distinct crime for a registered sex offender to knowingly commit a sexual offense against a child).”
— 11 Del. C. § 777A(a) — 1 case
Paczkowski v. State Of Delaware (D. Del. 2020).
“at 2) On December 19, 2011, Petitioner was indicted on five counts of sex offender unlawful sexual conduct against a child in violation of 11 Del. Code § 777A for allegedly committing sexual acts against S.”
— 11 Del. C. § 777A(c) — 1 case
Paczkowski v. State Of Delaware (D. Del. 2020).
“at 2) On December 19, 2011, Petitioner was indicted on five counts of sex offender unlawful sexual conduct against a child in violation of 11 Del. Code § 777A for allegedly committing sexual acts against S.”
— 11 Del. C. § 777A(e)(2) — 1 case
Just. v. State (Del. 2024).
“(2) In April 2012, a grand jury indicted Justice on eight counts of sex offender unlawful sexual conduct against a child under 11 Del C. § 777A. Seven counts were based on the underlying sexual offense of second-degree rape (“USC Second-Degree Rape”) and one count was based on…”
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