Table of Contents
While we strive to be as accurate and complete as possible, our researchers are not attorneys, and state laws conatin nuances and gaps. Users must accept all risks associated with actions taken based on this information. Please help us improve by reporting any errors or omissions via our form at https://narsol.org/wiki-response/
Delaware’s registry laws are codified at Title 11 (Crimes and Criminal Procedure), Chapter 41 (Fines, Costs, Penalties and Forfeitures), Subchapter III (Sex Offender Management and Public Safety).
Delaware Laws Regarding Registration
Who must register?
Sections 4120(b)(1) and 4121(a)(4)
What information must be provided?
Section 4120(d)(2)
How frequently must information be verified? And for how long?
Does the state categorize by levels/tiers?
Tier I, Tier II, and Tier III.
Section 4121(d)
Does the state use risk assessment when assigning tiers or levels?
No.
Does anyone remain privately registered? If so, who?
Section 4121(i) Tier I
Is there a registration fee?
$30 annually
Section 4120(g)
Are there special restrictions even after supervision ends?
Prohibitions against child custody Title 13 § 724(a)
Level 2 MAY/level 3 SHALL receive community/neighborhood notification Section 4121(i)
Is there a process for removal from the registry?
Section 4121(d)(6)
Request level change or removal form:
https://courts.delaware.gov/Forms/Download.aspx?id=77398
What are the registration requirements for someone who is visiting the state?
Section 4120(a)
What are the registration requirements for someone who will be moving to the state to live or to attend school?
Section 4120(e)(2)
State Laws Regarding Sexual Offenses and Offenders, other than registration
What sexual offenses can people be convicted of, and what are the ranges of sentences?
S601; S761 – S778; S780; S781
https://delcode.delaware.gov/title11/c005/sc02/#761
Does the state have lifetime supervision?
Report is by individual risk assessment, but no link to statute found.
Does the state have indeterminate sentencing?
No.
What are the general rules and regulations about probation, parole, and conditional release? Note: county supervision conditions may differ from county to county and from the state level.
What are the state civil commitment laws?
None
What is the age of consent?
18 years of age
16 years old, if the defendant is more than 4 years older, otherwise 18 years old. 11 Delaware Code Sections 761; 762; 765; 770; 771; 778.
Consent laws Delaware (updated March 2020)
https://apps.rainn.org/policy/policy-state-laws-export.cfm?state=Delaware&group=9
https://www.ageofconsent.net/states/delaware#:~:text=The%20Delaware%20Age%20of%20Consent%20is%2018%20years%20old.,to%20participation%20in%20sexual%20activity
Are there “Romeo and Juliet” laws or other laws specific to young people?
There is a Romeo and Juliet exemption for consensual sex between a minor who is 12, 13, 14, or 15 years old and a defendant who is no more than four years older than the minor. (11 Del. Code Ann. §§ 761, 762(d))
Info for State Advocates
Are felons allowed to vote? If so, when is this right restored?
Felons are permitted after completion of their sentence: Part IV, Title 15, Chapter 61
But exceptions listed in the state constitution exclude all sexual offenses: Constitution Article V, § 2
What does the state say about persons who are required to register?
FAQ tab on DE Registry site
https://sexoffender.dsp.delaware.gov/#faq-tab
How is the state's legislature organized?
How can I locate legislation about, and related to, sexual offenses and the registry?
Search using key words ‘sex offense’ or any variant
http://legis.delaware.gov/
How to sign up for notifications of bill movement:
Available with signing up
http://legis.delaware.gov/Resources/DE_NotificationService
What are the important legislative committees for our issues?
Contact info for state legislators can be found at:
Click each name for contact info
https://legis.delaware.gov/House
https://legis.delaware.gov/Chambers/Senate/AssemblyMembers
Other Useful State Information
Contact information for state registry office
NARSOL state affiliate website or blog:
Delaware Advocates for the Reform of Sexual Offense Laws (DARSOL)
http://darsol.org
PO Box 9472
Newark, DE 19714
302-635-0468
Send email
Other helpful state advocacy groups:
Response needed
Other registrant-friendly state support groups:
Response needed.