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While we strive to be as accurate and complete as possible, our researchers are not attorneys, and state laws are often full of nuances and gaps. Legal challenges in some states have resulted in different registration requirements based on the year of conviction or first registration. 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 Laws Regarding Registration

Who must register?

Title 11, Chapter 41, § 4121(a)(4): Sections 764 through 779 and Sections 1108 through 1111 of Title 11 of Delaware Crimes and Criminal Procedure. Convicted of any of the offenses specified in §§ 765 through 780, § 787(b)(3)-(4), § 1100A, §§ 1108 through 1112B, § 1335(a)(6), § 1335(a)(7), § 1352(2), § 1353(2) or § 1361(b) of this title, or of any attempt or conspiracy to commit any of the aforementioned offenses
http://delcode.delaware.gov/title11/c041/sc03/index.shtml
list of offenses: 601; 761 – 778; 780; 781
http://www.delcode.delaware.gov/title11/c005/sc02/index.shtml
Offenses: 1108, -9, -11, -12
http://delcode.delaware.gov/title11/c005/sc05/index.shtml

What information must registrants provide?

Title 11, Chapter 41, § 4120(d)(2)
http://delcode.delaware.gov/title11/c041/sc03/index.shtml

How frequently must they register? And for how long?

Title 11, Chapter 41, 4120 (g): Every 90 days for life for Tier III; every 6 months for 25 years unless relieved of registration obligations for Tier II; annually for 15 years unless relieved of registration obligations for Tier I Title 11, Chapter 41, 4120 (k): This increases to weekly, monthly, quarterly for someone designated “homeless”
http://delcode.delaware.gov/title11/c041/sc03/index.shtml

Does the state categorize registrants by levels/tiers?

Yes. There are three tiers: Tier I, Tier II, and Tier III.
Title 11, § 4121(d)
http://delcode.delaware.gov/title11/c041/sc03/

Does the state use risk assessments for registrants (other than supervised release)?

No.

Do any registrants remain privately registered? If so, who?

Are there special restrictions for registrants even after supervision?

Prohibitions against child custody Title 13 § 724(a)
http://delcode.delaware.gov/title13/c007a/sc02/index.shtml
Level 2 MAY/level 3 SHALL receive community/neighborhood notification 4121(i)
http://delcode.delaware.gov/title11/c041/sc03/

Is there a process for removal from the registry? If so, who qualifies and what is the process?

Title 11, Chapter 41, S 4121 (d)(6)allows some reduction of registration requirements or removal based on original conviction and time.
http://delcode.delaware.gov/title11/c041/sc03/index.shtml
Request level change or removal form:
https://courts.delaware.gov/Forms/Download.aspx?id=77398

What is the registration requirement for someone with a sexual offense who is visiting the state?

7 days or 30 days total in a year § 4120(a)
http://delcode.delaware.gov/title11/c041/sc03/

What is the registration requirement for someone with a sexual offense who will be moving to the state to live or to attend school?

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?

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 state civil commitment laws?

None found.

Are there “Romeo and Juliet” laws or other laws specific to young people?

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
http://delcode.delaware.gov/title15/c061/index.shtml
But exceptions listed in the state constitution exclude all sexual offenses: Constitution Article V, § 2
http://delcode.delaware.gov/constitution/constitution-06.shtml#P673_105630

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 does the state’s legislative process work?

How can I locate legislation regarding sexual offense issues?

Search using key words ‘sex offense’ or any variant
http://legis.delaware.gov/

How to sign up for notifications of bill movement:

Most important legislative committees for our issues are:

Contact info for state legislators can be found at:

Other Useful State Information

Contact information for state registry office

NARSOL state affiliate website or blog:

Not yet.

Other helpful state advocacy groups:

DARSOL
Link needed.

Other registrant-friendly state support groups:

Response needed.
Link needed.

Other helpful information

delaware.txt · Last modified: 2018/11/18 17:11 by zyin