Rape and other sex crimes

Rape - First-degree (Class A felony)—sexual intercourse without consent, and

o Victim physically or seriously mentally/emotionally injured

o Intercourse occurs during felony or certain misdemeanors

o During intercourse (or immediate flight), defendant displays deadly weapon or acts as if in possession of one

o Defendant acts with accomplices or

o Victim is under 12 and defendant is over 17

Rape - Second-degree (Class B felony)—sexual intercourse or penetration without victim’s consent, and

o Victim seriously injured

o Penetration occurs during felony or specific misdemeanors

o Victim under 16 and seriously injured

o Defendant displays or pretends to have deadly weapon during assault or afterward

o Victim is under 16 and defendant displays or pretends to have deadly weapon during assault or afterward

o Defendant acts with accomplices or

o Victim is under 12 and defendant is over 17

Rape - Third-degree (Class B felony)—defendant:

o Intentionally has sexual intercourse with victim and:

• Victim is under 16 and defendant is at least 10 years older or

• Victim is under 14 and defendant is at least 19 years old or

o Intentionally sexually penetrates victim who is physically injured or suffers serious mental/emotional harm and (1) does not consent or (2) is under 16

Rape - Fourth-degree (Class C felony)—defendant intentionally:

o Has sexual intercourse with victim under 16

o Has sexual intercourse with victim under 18 and defendant is at least 30 (unless victim and defendant were married) or

o Intentionally sexually penetrates without victim’s consent and victim is under 16

Unlawful sexual contact - First-degree (Class D felony)—defendant:

o Displays (or pretends to have) deadly weapon while committing unlawful sexual conduct in second- or third-degree or

o Intentionally (1) has sexual contact with person under 13 or (2) causes victim to have sexual contact with defendant or third person

Unlawful sexual contact - Second-degree

—defendant intentionally (1) has sexual contact with person under 16 or (2) causes victim to have sexual contact with defendant or third person

Unlawful sexual contact - Third degree—defendant:

• Has sexual contact with another or causes the victim to have sexual contact with defendant or third person and

• Knows the contact is either offensive to victim or occurs without victim’s consent

Indecent exposure

—exposing genitals, buttocks, or breast (if female) to another, knowing conduct likely to cause affront or alarm

Sexual harassment—defendant:

• Threatens to engage in conduct likely to result in sexual offense against any person or

• Suggests, requests, or otherwise attempts to induce another to minimally have sexual contact, knowing that defendant is likely to cause annoyance, offense, or alarm

Mistake of age

—not a defense to not know victim’s age or to reasonably believe victim is at least 16

Teenage defendant

—affirmative defense when victim consented, victim is 12–16, and defendant is not more than four years older than victim

Adultery

—not criminalized in DE

Crimes against nature

• Sodomy—not punishable by itself (part of sexual intercourse definition)

• Bestiality (Class D felony)—sexual acts with an animal

Incest (Class A misdemeanor)

—sexual intercourse with specified blood-relation

Bigamy

—Attempting to marry another while married or knowing other person is married

• Defense—defendant:

• Believed prior spouse was dead (diligent inquiry required) or

• Reasonably believed defendant was legally eligible to remarry