Delaware Code

11 Del. C. § 778 (2026)

Sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree; penalties

✓ current as of May 2026 Cite as: 11 Del. C. § 778 (2026)

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A person is guilty of sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree when the person:

(1) Intentionally engages in sexual intercourse with a child who has not yet reached that child’s own sixteenth birthday and the person stands in a position of trust, authority or supervision over the child, or is an invitee or designee of a person who stands in a position of trust, authority or supervision over the child.

(2) Intentionally engages in sexual penetration with a child who has not yet reached that child’s own sixteenth birthday and the person stands in a position of trust, authority or supervision over the child, or is an invitee or designee of a person who stands in a position of trust, authority or supervision over the child.

(3) Intentionally engages in sexual intercourse or sexual penetration with a child who has reached that child’s own sixteenth birthday but has not yet reached that child’s own eighteenth birthday when the person is at least 4 years older than the child and the person stands in a position of trust, authority or supervision over the child, or is an invitee or designee of a person who stands in a position of trust, authority or supervision over the child.

(4) Intentionally engages in sexual intercourse or sexual penetration with a child and the victim has reached that child’s own sixteenth birthday but has not yet reached that child’s own eighteenth birthday and the person stands in a position of trust, authority or supervision over the child, or is an invitee or designee of a person who stands in a position of trust, authority or supervision over the child.

(5) Engages in an act of sexual extortion, as defined in § 774 of this title, against a child who has not yet reached that child’s own sixteenth birthday and the person stands in a position of trust, authority or supervision over the child, or is an invitee or designee of a person who stands in a position of trust, authority or supervision over the child.

(6) a. 1. Sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree as set forth in paragraph (1) of this section is a class A felony.

2. Notwithstanding any law to the contrary, a person convicted of sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree as set forth in this paragraph (6) shall be sentenced to life imprisonment without benefit of probation, parole or any other reduction if:

A. At the time of the offense the person inflicts serious physical injury on the victim; or

B. 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

C. The person is convicted of sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree as set forth in this paragraph (6) against 3 or more separate victims; or

D. The person has previously been convicted of sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree, 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.

b. Sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree as set forth in paragraph (2) of this section is a class B felony. Notwithstanding any provision of this title to the contrary, the minimum sentence for a person convicted of sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree as set forth in paragraph (2) of this section shall be 10 years at Level V.

c. Sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree as set forth in paragraph (3) of this section is a class B felony.

d. Sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree as set forth in paragraph (4) of this section is a class C felony.

e. Sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree as set forth in paragraph (5) of this section is a class D felony.

(7) 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.

77 Del. Laws, c. 318, § 6; 70 Del. Laws, c. 186, § 1;

Notes of Decisions

Cited in 23 cases (12 in the last 5 years), 2004–2025 · leading case: Khaimraj Singh v. John Ashcroft, Attorney General of the United States of America

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Khaimraj Singh v. John Ashcroft, Attorney General of the United States of America (2004) ca3 “5 (“Continuous sexual abuse of a child”); 11 Del. C. § 778 (“Continuous sexual abuse of a child”); 18 Pa.”

State v. Pearson (2024) delsuperct · cites it 14× “Pearson’s Motion for Judgment of Acquittal asserts that the language of 11 Del. C. § 778 and 11 Del. C. § 761 is unconstitutionally vague and in the alternative, he does not fit within the class of people listed in the statute.”

Molina v. State (2017) del · cites it 3× “his 11th day of January 2017, upon consideration of the appellant’s Supreme Court Rule 26(c) brief, the State’s response, and the record below, it appears to the Court that: (1) On August 31, 2015, a New Castle County grand jury indicted the appellant, Jair Molina, on one count…”

St. v. Terreros (2021) delsuperct · cites it 3× “1(1)(d) (1962) (defining rape and including minors as protected class but omitting from elements a special relationship between perpetrator and victim), with 11 Del. C. § 778 (defining sexual abuse of a child by a person in a position of trust, authority or supervision).”

State v. Green (2019) delsuperct · cites it 2× “§ 772; one count of Attempted Child Abuse, 11 Del. C. § 778; and one count of Unlawful Sexual Contact in the Second Degree, 11 Del.”

State v. Evans (2020) delsuperct · cites it 2× “§ 768, one count of Sexual Abuse of a child by a Person in a Position of Trust, Authority, or Supervision Second Degree, a violation of 11 Del. C. § 778; and one count of Indecent Exposure, a violation of 11 Del.”

Cirwithian v. State (2021) del · cites it 2× ““Where a defendant claims his conviction was based upon insufficient evidence, the standard of review is whether the evidence, viewed in the light most favorable to the State, was sufficient for a rational trier of fact to have found the essential elements of the crime beyond a…”

Clark v. State (2022) del · cites it 2× “§ 772) and sexual abuse of a child by a person of trust in the first degree (11 Del. C. § 778) include a proviso that “[n]othing 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.”

Reese v. State (2025) del · cites it 2× “Appendix to Answering Brief at B23, B44, B48; 11 Del. C. § 778(1), (2), (6). 3 Reese, consistently with the plea agreement, to a total of thirteen years of unsuspended prison time, followed by decreasing levels of supervision.”

Garvin v. State (2015) del · cites it 2× “13 Garvin also fails to recognize 9 11 Del. C. § 778(2). 10 11 Del. C. § 778(6)(b).”

State v. Rowan (2017) delsuperct “Rowan (“Rowan”) was found guilty, following a jury trial on December 6, 2010, of one count of Continuous Sexual Abuse of a Child, 11 Del. C. § 778; five counts of Rape in the Fourth Degree, 11 Del.”

State v. Harmon (2019) delsuperct “Harmon (“Harmon”), pled guilty on January 11, 2018 to one count of Felony Sexual Abuse of a Child by a Person in a Position of Trust, Authority or Supervision in the First Degree (“Child Sexual Abuse’), 11 Del. C. § 778(2). He also faced one additional count of Child Sexual…”

Show all 23 citing cases →

— 11 Del. C. § 778(1) — 6 cases

Molina v. State (2017) del “his 11th day of January 2017, upon consideration of the appellant’s Supreme Court Rule 26(c) brief, the State’s response, and the record below, it appears to the Court that: (1) On August 31, 2015, a New Castle County grand jury indicted the appellant, Jair Molina, on one count…”

State v. Evans (2020) delsuperct “§ 768, one count of Sexual Abuse of a child by a Person in a Position of Trust, Authority, or Supervision Second Degree, a violation of 11 Del. C. § 778; and one count of Indecent Exposure, a violation of 11 Del.”

State v. Rosas (2021) delsuperct

St. v. Terreros (2021) delsuperct “1(1)(d) (1962) (defining rape and including minors as protected class but omitting from elements a special relationship between perpetrator and victim), with 11 Del. C. § 778 (defining sexual abuse of a child by a person in a position of trust, authority or supervision).”

Terreros v. State (2024) del

— 11 Del. C. § 778(2) — 4 cases

Reese v. State (2025) del “Appendix to Answering Brief at B23, B44, B48; 11 Del. C. § 778(1), (2), (6). 3 Reese, consistently with the plea agreement, to a total of thirteen years of unsuspended prison time, followed by decreasing levels of supervision.”

Garvin v. State (2015) del “13 Garvin also fails to recognize 9 11 Del. C. § 778(2). 10 11 Del. C. § 778(6)(b).”

— 11 Del. C. § 778(6)(a)(1) — 1 case

Nadel v. State (2023) del

— 11 Del. C. § 778(6)(b) — 1 case

Garvin v. State (2015) del “13 Garvin also fails to recognize 9 11 Del. C. § 778(2). 10 11 Del. C. § 778(6)(b).”

— 11 Del. C. § 778(7) — 2 cases

State v. Clark (2021) delsuperct

Clark v. State (2022) del “§ 772) and sexual abuse of a child by a person of trust in the first degree (11 Del. C. § 778) include a proviso that “[n]othing 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.”

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