Delaware Code
Subchapter V. Offenses Relating to Children and Vulnerable Adults
§ 1100. Definitions relating to children.

When used in this subchapter:

(1) “Abuse” means causing any physical injury to a child through unjustified force as defined in § 468(1)(c) of this title, torture, negligent treatment, sexual abuse, exploitation, maltreatment, mistreatment or any means other than accident.
(2) “Child” shall mean any individual less than 18 years of age. For the purposes of §§ 1108, 1109, 1110, and 1111 of this title, “child” shall also mean any individual who is intended by the defendant to appear to be 14 years of age or less.
(3) “Delinquent child” means a child who commits an act which if committed by an adult would constitute a crime.
(4) “Neglect” or “neglected child” is as defined in § 901 of Title 10.
(5) “Physical injury” to a child shall mean any impairment of physical condition or pain.
(6) “Previous pattern” of abuse and/or neglect shall mean 2 or more incidents of conduct:

a. That constitute an act of abuse and/or neglect; and
b. Are not so closely related to each other or connected in point of time and place that they constitute a single event.
A conviction is not required for an act of abuse or neglect to be used in prosecution of a matter under this subchapter, including an act used as proof of a previous pattern as defined in this paragraph. A conviction for any act of abuse or neglect, including 1 which may be relied upon to establish a previous pattern of abuse and/or neglect, does not preclude prosecution under this subchapter.
(7) “Prohibited sexual act” shall include:

a. Sexual intercourse;
b. Anal intercourse;
c. Masturbation;
d. Bestiality;
e. Sadism;
f. Masochism;
g. Fellatio;
h. Cunnilingus;
i. Nudity, if such nudity is to be depicted for the purpose of the sexual stimulation or the sexual gratification of any individual who may view such depiction;
j. Partial nudity, if the child in the image depicted is all of the following:

1. Scantily clothed.
2. Posed provocatively, or otherwise posed in a fashion obviously intended to arouse even though genitalia is not blatantly displayed.
3. Is intended for the purpose of the sexual stimulation or the sexual gratification of any individual who may view such depiction.
k. Sexual contact;
l. Lascivious exhibition of the genitals or pubic area of any child;
m. Any other act which is intended to be a depiction or simulation of any act described in this paragraph.
(8) “Serious physical injury” shall mean physical injury which creates a risk of death, or which causes disfigurement, impairment of health or loss or impairment of the function of any bodily organ or limb, or which causes the unlawful termination of a pregnancy without the consent of the pregnant female.
(9) “Significant intellectual or developmental disabilities” means impairment in the intellectual or physical capacity of a child as evidenced by a discernible inability to function within the normal range of performance and behavior with regard to age, development, and environment.
(10) “Truancy” or “truant” shall refer to a pupil enrolled in grades kindergarten through 12 of a public school who has been absent from school for more than 3 school days during a school year without a valid excuse as defined in regulations of the district board of education of the school district in which the pupil is or should be enrolled pursuant to the provisions of Title 14, or where a student is enrolled in a charter school, by the board of directors of the charter school.
(11) “Visual depiction” includes, but is not limited to:

a. Any image which is recorded, stored or contained on or by developed or undeveloped photographic film, motion picture film or videotape; or
b. Data which is stored or transmitted on or by any computer, or on or by any digital storage medium or by any other electronic means which is capable of conversion into a visual image; or
c. Any picture, or computer-generated image or picture, or any other image whether made, stored or produced by electronic, digital, mechanical or other means.