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Delaware · Through 2026-08-10 (85 Del. Laws, c. 421, 424) · Newer source version available

11 Del. C. § 780A: Sexual intercourse or penetration with a person in custody; class F felony.

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Where this section sits in the code
  1. Title 11. Crimes and Criminal Procedure
  2. Delaware Criminal Code
  3. CHAPTER 5. Specific Offenses
  4. Subchapter II. Offenses Against the Person

(a) It is unlawful for a law-enforcement officer, an employee working at a detention facility, a contractor or employee of a contractor working at a detention facility, or a volunteer working at a detention facility to engage in sexual intercourse or sexual penetration with a person who is in custody, as defined in § 1258 of this title.

(b) Subsection (a) of this section does not apply to a licensed medical doctor or nurse when the penetration occurs for the purpose of diagnosis or treatment or to a law-enforcement officer who is lawfully performing job duties.

(c) Consent of the person in custody is not a defense to an act in violation of subsection (a) of this section.

(d) A violation of subsection (a) of this section is a class F felony.

Collected 2026-09-05T23:02:13Z. Source file · JSON

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