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

11 Del. C. § 778A (2026)

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

✓ current as of May 2026
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(a) A person is guilty of sexual abuse of a child by a person in a position of trust, authority, or supervision in the second degree when the person:

(1) Intentionally has sexual contact with a child who has not yet reached that child’s sixteenth birthday or causes the child to have sexual contact with the person or a third person 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) a. Is a male who intentionally exposes his genitals or buttocks to a child who has not yet reached that child’s sixteenth birthday under circumstances in which he knows his conduct is likely to cause annoyance, affront, offense, or alarm when the person is at least 4 years older than the child and he 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.

b. Is a female who intentionally exposes her genitals, breast or buttocks to a child who has not yet reached that child’s sixteenth birthday under circumstances in which she knows her conduct is likely to cause annoyance, affront, offense, or alarm when the person is at least 4 years older than the child and she 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) Suggests, solicits, requests, commands, importunes, or otherwise attempts to induce a child who has not yet reached that child’s sixteenth birthday to have sexual contact or sexual intercourse or unlawful sexual penetration with the person or a third person, knowing that the person is thereby likely to cause annoyance, affront, offense, or alarm to the child or another 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.

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

(2) Sexual abuse of a child by a person in a position of trust, authority, or supervision in the second degree as set forth in paragraph (a)(2) of this section is a class F felony.

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

(c) 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;  83 Del. Laws, c. 283, § 9; 
Notes of Decisions
Cited in 6 cases (3 in the last 5 years), 2018–2025 · leading case: State v. Ward (Del. Super. Ct. 2019).
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Smith v. State (Del. 2018). “(31) This Court has reviewed the record carefully and has concluded that Smith’s appeal is wholly without merit and devoid of any arguably appealable issue. We also are satisfied that Counsel has made a conscientious effort to examine the record and the law and has properly…”
State v. Ward (Del. Super. Ct. 2019). “11 Del. C. § 778A. STANDARD OF REVIEW Superior Court Criminal Rule 33 authorizes the Court to grant a new trial upon motion by the defendant “if required in the interest of justice.”
Ward v. State (Del. 2020). “We are satisfied that the evidence was sufficiently “plain, clear, and conclusive,” as it took the form of the prior statement of the alleged victim 26 11 Del. C. § 778A(1). 13 of those prior acts, A.”
State v. Herbert (Del. Super. Ct. 2022). “” (emphasis added) (formatting omitted)); 11 Del. C. § 778A(1) (“A person is guilty of [Child Sexual Abuse II] when the person [i]ntentionally has sexual contact with a child .”
Banks v. State (Del. 2025). “10 11 Del. C. § 778A. 4 (8) The State concedes that the record was not sufficient to support the Superior Court’s conclusion that Banks’ New Jersey conviction involved sexual conduct.”
Reese v. State (Del. 2025). “§ 778(1); second-degree sexual abuse of a child by a person in a position of trust, authority, or supervision under 11 Del. C. § 778A(1); and endangering the welfare of a child under 11 Del.”
— 11 Del. C. § 778A(1) — 4 cases
Smith v. State (Del. 2018). “(31) This Court has reviewed the record carefully and has concluded that Smith’s appeal is wholly without merit and devoid of any arguably appealable issue. We also are satisfied that Counsel has made a conscientious effort to examine the record and the law and has properly…”
Ward v. State (Del. 2020). “We are satisfied that the evidence was sufficiently “plain, clear, and conclusive,” as it took the form of the prior statement of the alleged victim 26 11 Del. C. § 778A(1). 13 of those prior acts, A.”
State v. Herbert (Del. Super. Ct. 2022). “” (emphasis added) (formatting omitted)); 11 Del. C. § 778A(1) (“A person is guilty of [Child Sexual Abuse II] when the person [i]ntentionally has sexual contact with a child .”
Reese v. State (Del. 2025). “§ 778(1); second-degree sexual abuse of a child by a person in a position of trust, authority, or supervision under 11 Del. C. § 778A(1); and endangering the welfare of a child under 11 Del.”
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