Table of Contents
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?
List of offenses: S 601; S761 – S778; S780; S781
https://delcode.delaware.gov/title11/c005/sc02/#761
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 assessment when assigning tiers or levels to registrants?
No.
Do any registrants remain privately registered? If so, who?
Those classified low risk (bottom of page)
http://www.dsp.delaware.gov/state_bureau_of_identification.shtml
4121(i)
http://delcode.delaware.gov/title11/c041/sc03/
Is there a registration fee?
Yes
$30 annually
Title11, chapter 41, Subchapter III, subsection 4120 (g)3
https://delcode.delaware.gov/title11/c041/sc03/index.html
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?
3 days § 4120(e)(2)
http://delcode.delaware.gov/title11/c041/sc03/
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 state civil commitment laws?
None found.
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 §§ 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://delcode.delaware.gov/title11/c005/sc02/#761
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)
https://delcode.delaware.gov/title11/c005/sc02/#761
https://delcode.delaware.gov/title11/c005/sc02/#762
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:
Available with signing up
http://legis.delaware.gov/Resources/DE_NotificationService
Most important legislative committees for our issues are:
House judiciary
http://legis.delaware.gov/CommitteeDetail?committeeId=459
Senate judiciary and community affairs
http://legis.delaware.gov/CommitteeDetail?committeeId=482
Also
http://www.desenatedems.com/bill-tracking--information.html
Contact info for state legislators can be found at:
Find my legislator
https://delaware.gov/topics/houseMap.shtml
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:
Not yet.
Other helpful state advocacy groups:
DARSOL
https://www.darsol.org/
Other registrant-friendly state support groups:
Response needed.