{"data":{"id":"us-de/11-del.-c.-762a","jurisdiction":"us-de","citation":"11 Del. C. § 762A","heading":"Immunity relating to sexual offense reporting.","body":"(a) As used in this section:\n(1) “Alcohol offense” means any civil penalty, violation, or misdemeanor offense involving the possession or consumption of alcoholic beverages, including § 1315 of this title (public intoxication) and § 904(b), (c), (e), and (f) of Title 4 (offenses related to underage drinking).\n(2) “Drug offense” means any civil penalty, violation, or misdemeanor offense involving the possession or consumption of drugs, including § 4761, § 4763, § 4764, or § 4771(a) of Title 16.\n(3) “Sexual offense” means any offense in Part D, subchapter II, Chapter 5 of this title.\n(b) A person may not be issued a citation, charged, arrested, or prosecuted for an alcohol offense or a drug offense if the following apply:\n(1) The person in good faith seeks to report a sexual offense, request assistance for a victim of a sexual offense, or is a victim or witness to a sexual offense\n(2) The evidence for the drug offense or alcohol offense was obtained as a result of the report or request for assistance related to the sexual offense.\n(3) The person provides their full name, contact information, and sufficient information to determine that a sexual offense may have occurred.\n(4) The person is not alleged to have committed the sexual offense.\n(c) A person’s pretrial release, probation, or parole may not be revoked or modified based on an incident for which the person would be immune from prosecution under subsection (b) of this section, nor may an incident for which a person would be immune from prosecution under subsection (b) of this section be used as the basis for a violation of probation or a warrant or notice to appear for a violation of a condition of probation or suspension of sentence.\n(d) Nothing in this section precludes either of the following:\n(1) Prosecution of a person based on evidence from an independent source.\n(2) Investigation or prosecution of other crimes or violations committed by a person who otherwise qualifies for limited immunity under this section.","path":["Title 11. Crimes and Criminal Procedure","Delaware Criminal Code","CHAPTER 5. Specific Offenses","Subchapter II. Offenses Against the Person"],"source_url":"https://delcode.delaware.gov/title11/c005/sc02/index.html#762A","current_through":"2026-08-10 (85 Del. Laws, c. 421, 424)","vintage":"","retrieved_at":"2026-09-05T23:02:13Z","sha256":"7b7ac35f6d8b1ee0d51a8d869a40a84ad9f72dcf149e8be9d3599ca6c2e4e8a8","source_id":"us-de","stale":true,"prev":"us-de/11-del.-c.-762","next":"us-de/11-del.-c.-763"},"notice":"GroundRules: Original legal text. Not legal advice."}