SB 307 — AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO CRIMES AND CRIMINAL PROCEDURE.

Rep.Sen.

LonghurstPoore HOUSE& OFRep. REPRESENTATIVES 151st GENERAL ASSEMBLY HOUSE AMENDMENT NO.

1Longhurst TO& SENATERep. BILL NO.

307Griffith AMEND& SenateSen. Bill No.

307Brown onSens. line 1 by deleting “chapter” where it appears therein and inserting in lieu thereof “section”.

FURTHERBonini, AMENDEnnis, SenateGay, BillHansen, No.Hocker, Lawson, Lockman, Lopez, Mantzavinos, S.

307McBride, byParadee, deletingPettyjohn, lineRichardson, 33Sokola, inSturgeon, itsTownsend, entiretyWalsh, andWilson; inserting in lieu thereof the following:

“(f)Reps. Enticement for purposes of sexual contact is a class F felony.”.

SYNOPSISBaumbach, ThisDukes, AmendmentK. corrects the name of the crime in the penalty provision.

ThisJohnson, amendmentK. also makes a technical correction to the Act.

HDWilliams :DELAWARE STATE SENATE 151st GENERAL ASSEMBLY SENATE BILL NO.

MS307 :AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO CRIMES AND CRIMINAL PROCEDURE.

MAWBE PageIT 1ENACTED ofBY 1THE Released:GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

06/29/2022Section 06:361. PM 2141510803

Amend Title 11 of the Delaware Code by adding a new chapter 1112C and by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 1112C.

Enticement for Purposes of Sexual Contact (a) A person is guilty of enticement if the person, being 18 years of age or older and at least 4 years older than a child, knowingly engages in a course of conduct to persuade, induce, entice, or coerce that involves or results in the person gaining access to and time alone with that child, with the intent of building trust with that child for the purpose of ultimately engaging in sexual contact or penetration with that child.

(b) For purposes of this section, “child” means any individual who is younger than 18 years of age.

(c) For purposes of this section, “a course of conduct” means three or more separate incidents that a reasonable person would find inappropriate, in isolation or collectively, given the nature and circumstances of the relationship between the person and the child, including:

(1) Showing, offering, or sending the child sexually explicit materials, including images, videos, audio recordings, or any other depiction of sexual activity;

(2) Exposing the child to sexually explicit language or jokes;

(3) Making comments to the child about his or her sexual or physical development;

(4) Bathing the child;

(5) Walking in on the child changing his or her clothes or using the toilet, or watching the child do either;

(6) Asking the child to watch an adult change clothes or use the toilet;

(7) Taking pictures of or videorecording the child while the child is nude or wearing only underwear;

(8) Wrestling the child in underwear or while nude;

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06/01/2022 02:43 PM (9) Tickling the child;

(10) Playing games with the child that involve touching genitalia;

(12) Buying the child gifts that are not in celebration of a holiday or birthday;

(13) Giving special privileges to the child, such as car rides to or from school or practices;

or (14) Committing any sexual offense, as defined in Chapter 5, Subchapter II, Part D of this Title, or any attempt or solicitation to commit any such sexual offense, against the child;

(d) A conviction is not required for any predicate act relied upon to establish a course of conduct.

A conviction for any predicate act relied upon to establish a course of conduct does not preclude prosecution under this section.

Nothing in this section shall preclude a separate charge, conviction and sentence for any other crime set forth in this title, or in the Delaware Code.

(e) For the purposes of this section, it is not a defense to prosecution that no sexual contact or penetration actually occurred.

(f) Grooming is a class F felony.