SB 345 — AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO OFFENSES INVOLVING PUBLIC INDECENCY.

Summary

Under current Delaware law, a minor cannot be guilty of the crime of prostitution under § 1342 of Title 11. This Act removes references to minors engaging in prostitution and being prostituted in favor of using the term "exploited" or “exploitation”, which is defined to mean acts by a minor that would constitute prostitution under § 1342(a) of Title 11 if that minor were 18 years old or older. This change is twofold. (1) It creates a separate term to refer to the exploitation of a minor since minors cannot be guilty of prostitution and prostitution is not otherwise defined outside of the offense in § 1342(a) of Title 11, which excludes minors; and (2) Recognizes a growing trend nationally and internationally to remove language that misleadingly implies that children are able to consent to, and participate in, prostitution. The Interagency Working Group on Sexual Exploitation of Children, comprised of representatives from the United Nations, INTERPOL, and organizations working to end the sexual exploitation of children, published a manual containing terminology guidelines for the protection of children from sexual exploitation and sexual abuse. While there is no single recommended term, attempts should be made to avoid stigmatizing a child and suggesting that the child had culpability in any acts undertaken. Sections 8 through 11 of this Act update internal references elsewhere in the Code to account for the addition of subsection designations in §§ 1352 and 1353. Sections 12 through 13 of this Act add the definition of “illicit massage establishment” from House Bill 409 and update it to account for the change in terminology that this Act makes. This addition of and update to the definition of “illicit massage establishment” only occurs if House Bill No. 409 is enacted. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Bill Text

• Bill Text View text Current pdf

Action History

1. June 30, 2026

   Passed By House. Votes: 41 YES

2. June 30, 2026

   Reported Out of Committee (Administration) in House with 5 On Its Merits

3. June 25, 2026

   Assigned to Administration Committee in House

4. June 25, 2026

   Passed By Senate. Votes: 21 YES

5. June 24, 2026

   Reported Out of Committee (Judiciary) in Senate with 4 On Its Merits

6. June 10, 2026

   Introduced and Assigned to Judiciary Committee in Senate

Sponsors

• Stell Parker Selby · Primary
• John "Jack" Walsh · Primary
• Bryan Townsend · Primary
• Laura V. Sturgeon · Primary
• David P. Sokola · Primary
• Ray Seigfried · Primary
• Bryant L. Richardson · Primary
• Marie Pinkney · Primary
• Brian Pettyjohn · Primary
• Trey Paradee · Primary
• Spiros Mantzavinos · Primary
• Josue O Ortega · Primary
• Dave G. Lawson · Primary
• Russell Huxtable · Primary
• Melanie Ross Levin · Primary
• Franklin D. Cooke · Primary
• Darius J. Brown · Primary
• Claire Snyder-Hall · Primary
• David L. Wilson · Primary
• Nicole Poore · Primary
• Sarah McBride · Primary

Votes

Subjects