Delaware Child Enticement Laws

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In the state of Delaware a person can be found guilty of child enticement if they are 18 years or older and with knowledge that the victim is a minor child commits the following acts:

• Solicits, requests, commands, or entices a child to engage in a prohibited sexual act, or
• Solicits, requests, commands, creates an opportunity or otherwise o cause any child that has not turned 16 to meet with them or a 3rd party for the purpose of engaging in a prohibited sexual act; or
• Enters, accesses, transmits, receives, exchanges, disseminates, stores, makes, prints, reproduces or otherwise possesses by any means, including by means of computer, any notice, statement, document, advertisement, file or data containing the name, telephone number, address, e-mail address, school address or location, physical characteristics or any other descriptive information about a child, for the purpose of soliciting, facilitating or offering prohibited sexual contact with the child, themselves or a third party.

Penalties for Child Enticement in Delaware

The conviction of child enticement is a class C felony and carries with it a maximum prison term of fifteen years.  Whatever the sentence of imprisonment handed down by the court is, it must be served in its entirety, with only time off for “good behavior”.  Defendants will also have to register as a sexual offender.

Defense of Child Enticement in Delaware

There are a number of defenses that may be available to a person that has been charged with child enticement.  They are as follows:

• Mental illness or defect that prevents the defendant from appreciating the wrongfulness of his or her conduct.
• Involuntary intoxication that prevents the defendant from having the capacity to understand the illegality of his conduct.
• Duress that includes being forced to act under threat of harm or injury.

Attempted Child Enticement in Delaware

A person can be found guilty of attempt to entice a child if the individual:

• Intentionally engages in conduct which would constitute the crime if the attendant circumstances were as the person believes them to be, this is most often the case with a law enforcement officer posing as a minor child; or
• Intentionally does or doesn’t do an act which could be viewed as taking a substantial step towards committing the crime of child enticement

If a person is convicted of attempted child enticement, they will face the same punishment as if they had completed the crime.

When to Talk to a Lawyer

In the face of charges for child enticement, it is important to consult with and gain the advice of an attorney as soon as you can.  Only a licensed attorney in your state can offer you the guidance you need in a court of law to ensure that your rights and defenses are adequately protected.