(a) A person is guilty of sexual solicitation of a child if the person, being 18 years of age or older, intentionally or knowingly:
(1) Solicits, requests, commands, importunes or otherwise attempts to cause any child to engage in a prohibited sexual act; or
(2) Uses a computer, cellular telephone or other electronic device to communicate with another person, including a child, to solicit, request, command, importune, entice, encourage or otherwise attempt to cause a child to engage in a prohibited sexual act.
(3) [Repealed.]
(b) For purposes of this section, “child” means:
(1) An individual who is younger than 18 years of age; or
(2) An individual who represents himself or herself to be younger than 18 years of age; or
(3) An individual whom the person committing the offense believes to be younger than 18 years of age.
(c) For the purposes of this section, conduct occurring outside the State shall be sufficient to constitute this offense if such conduct is within the terms of § 204 of this title, or in the instance of any manner of electronic communication or other communication that does not occur in person, the offense is committed in this State if such communication either originated in this State or is received in this State.
(d) For the purposes of this section, and notwithstanding any section of this title to the contrary, it is a defense to prosecution that at the time the conduct described in subsection (a) of this section occurred the person was married to the child.
(e) For the purposes of this section, it is not a defense to prosecution that at the time the conduct described in subsection (a) of this section occurred:
(1) The solicited prohibited sexual act did not occur; or
(2) The person was engaged in a fantasy or role playing at the time of the commission of the offense.
(f) Nothing 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.
(g) Sexual solicitation of a child is a class C felony, except as provided in subsection (h) of this section.
(h) Sexual solicitation of a child is a class B felony if the defendant meets in person or attempts to meet in person with the child for the purpose of engaging in a prohibited sexual act.
Structure Delaware Code
Title 11 - Crimes and Criminal Procedure
Subchapter V. Offenses Relating to Children and Vulnerable Adults
§ 1100. Definitions relating to children.
§ 1100A. Dealing in children; class E felony.
§ 1101. Abandonment of child; class E felony; class F felony.
§ 1102. Endangering the welfare of a child; class A misdemeanor; class E or G felony.
§ 1102A. Abandonment of a baby at a safe haven as defense.
§ 1103. Child abuse in the third degree; class A misdemeanor.
§ 1103A. Child abuse in the second degree; class G felony.
§ 1103B. Child abuse in the first degree; class B felony.
§ 1105. Crime against a vulnerable adult.
§ 1106. Unlawfully dealing with a child; class B misdemeanor.
§ 1107. Endangering children; unclassified misdemeanor.
§ 1108. Sexual exploitation of a child; class B or D felony.
§ 1109. Dealing in child pornography; class B or D felony.
§ 1110. Subsequent convictions of § 1108 or § 1109 of this title; class B felony.
§ 1110A. Exclusion for §1108 and §1109 of this title.
§ 1111. Possession of child pornography; class F felony.
§ 1112. Sexual offenders; prohibitions from school zones.
§ 1112A. Sexual solicitation of a child; class C felony; class B felony.
§ 1112B. Promoting sexual solicitation of a child.
§ 1112C. Enticement for purposes of sexual contact; class F felony.
§ 1113. Criminal nonsupport and aggravated criminal nonsupport.
§ 1114. Body-piercing, tattooing or branding; consent for minors; civil and criminal penalties.
§ 1118. Distribution of samples or coupons.
§ 1119. Distribution of tobacco products or tobacco substitutes through vending machines.
§ 1120. Distribution of tobacco products.
§ 1123. Liability of employer.