(a) A person is guilty of enticement if the person, being 18 years of age or older and at least 4 years older than a child, knowingly engages in a course of conduct to persuade, induce, entice, or coerce that involves or results in the person gaining access to and time alone with that child, with the intent of building trust with that child for the purpose of ultimately engaging in sexual contact or penetration with that child.
(b) For purposes of this section, “child” means any individual who is younger than 18 years of age.
(c) For purposes of this section, “a course of conduct” means 3 or more separate incidents that a reasonable person would find inappropriate, in isolation or collectively, given the nature and circumstances of the relationship between the person and the child, including:
(1) Showing, offering, or sending the child sexually-explicit materials, including images, videos, audio recordings, or any other depiction of sexual activity;
(2) Exposing the child to sexually-explicit language or jokes;
(3) Making comments to the child about his or her sexual or physical development;
(4) Bathing the child;
(5) Walking in on the child changing his or her clothes or using the toilet, or watching the child do either;
(6) Asking the child to watch an adult change clothes or use the toilet;
(7) Taking pictures of or videorecording the child while the child is nude or wearing only underwear;
(8) Wrestling the child in underwear or while nude;
(9) Tickling the child;
(10) Playing games with the child that involve touching genitalia;
(11) Buying the child gifts that are not in celebration of a holiday or birthday;
(12) Giving special privileges to the child, such as car rides to or from school or practices; or
(13) Committing any sexual offense, as defined in subpart D of subchapter II of Chapter 5 of this title, or any attempt or solicitation to commit any such sexual offense, against the child;
(d) A conviction is not required for any predicate act relied upon to establish a course of conduct. A conviction for any predicate act relied upon to establish a course of conduct does not preclude prosecution under this section. 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.
(e) For the purposes of this section, it is not a defense to prosecution that no sexual contact or penetration actually occurred.
(f) Enticement for purposes of sexual contact is a class F felony.
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.