Sex CrimesSEX OFFENDER GUIDELINESAny sex offender who is released, discharged or paroled from any Level IV or Level V facility or other custodial institution after that sex offender has completed a sentence imposed following any of the following convictions, shall be required to register as a sex offender during the Level IV or Level V sentence, but not more than 90 days, nor less than 45 days, prior to the offender's release, discharge or parole. If the sex offender is sentenced to Level IV (home confinement) or to probation at Supervision Level III or below for a sentence imposed following any of the following convictions, the sex offender shall be required to register as a sex offender immediately upon sentencing with the Department of Corrections. This includes persons convicted of any offense specified in the laws of another state, the U.S., or any territory of the U.S., or any foreign government, which is the same as, or equivalent to, any of the following offenses. Indecent Exposure 1° Indecent Exposure 2° (subsequent conviction within 5 years) Incest Unlawful Sexual Contact 3° Unlawful Sexual Contact 2° Unlawful Sexual Contact 1° Rape 4° Rape 3° Rape 2° Rape 1° Sexual Extortion Beastiality Continuous Sexual Abuse of a Child Dangerous Crime Against a Child Sex Offender Unlawful Sexual Conduct Against a Child Female Genital Mutliation Dealing in Children Sexual Exploitation of a Child Dealing in Child Pornography Possession of Child Pornography Sex Offender in a School Zone Violation of Privacy - Photo/Video of Undressed Person Promoting Prostitution 2° < 18 years of age Promoting Prostitution 1° < 16 years of age Obscenity Kidnapping 2° - to facilitate sex crime Kidnapping 1° - to facilitate sex crime Any sex offender required to register who thereafter changes his/her own name, residence address or place of employment and/or study shall re-register with the Delaware State Police or with his Probation/Parole Officer (if serving a sentence at Level II, III or IV at the time of such re-registration) by appearing in person within three (3) days of such change. TIER III Offenses Rape 1° Rape 2° Rape 3° (< 12 years of age or force of threat of physical violence or without consent) Unlawful Sexual Contact 1° Unlawful Sexual Intercourse 1° Unlawful Sexual Intercourse 2° Unlawful Sexual Penetration 1° Unlawful Sexual Penetration 2° Continuous Sexual Abuse of a Child Sexual Exploitation of a Child Kidnapping 1° - to facilitate sex crime Kidnapping 2° - to facilitate sex crime Any attempt to commit these offenses. Upon motion of the State if the victim was < 16 years of age, if sentencing court agrees that public safety would be enhanced by assigning to Tier III. All repeat offenders. These sex offender shall appear in person at locations designated by the Superintendant of the Delaware State Police to verify all registry information every 90 days for life. Registration is required for life. TIER II Offenses Rape 3° Rape 4° Unlawful Sexual Contact 2° Unlawful Sexual Intercourse 3° Unlawful Sexual Penetration 3° Sexual Extortion Beastiality Dangerous Crime Against a Child Unlawful Dealing in Child Pornography Possession of Child Pornography Providing Obscene Materials to a Person < 18 years of age Sexual Solicitation of a Child Upon motion of the State if sentencing court agrees that public safety would be enhanced by assigning to Tier II. Any sex offender who has previously been convicted of a sex offense and assigned to Tier I and gets a subsequent Tier I offense within 5 years of the previous conviction shall be assigned to Tier II. The sex offender shall appear in person at locations designated by the Superintendant of the Delaware State Police to verify all registry information every 6 months for life. Registration required for life if previously convicted of a sex offense. Otherwise registration is required for 25 years (time in prison not included). TIER I Offenses Any sex offender not otherwise designated to Tier II or Tier III The sex offender shall appear in person at locations designated by the Superintendant of the Delaware State Police to verify all registry information every 12 months for life. Registration required for 15 years (time in prison not included). At the time of sentencing, the sex offender may petition the sentencing court for relief from such designation and from all registration obligations associated with that designation if: a. The Tier II or Tier III offense for which the person was convicted was a misdemeanor and the victim was not a child < 12 years of age; b. The person has not previously been convicted of a violent felony or any other sex offense; and c. The sentencing court determines, by a preponderance of the evidence, that such person is not likely to pose a threat to public safety if released from the obligations imposed by law. Any person seeking relief from designation as a sex offender shall file a petition with the sentencing court prior to sentencing requesting such relief. No person designated a Tier II or Tier III sex offender shall be afforded relief from designation as a sex offender if the victim of any of the offenses was < 12 years old at the time of the crime, unless the person was also less than 18 years old at the time of the crime. When the State seeks to have an offender designed to a Risk Assessment Tier higher than the presumptive tier, the State must file a motion before sentencing unless the written plea agreement clearly informs the defendant of the State's intention to request a higher tier designation. PETITIONS FOR RELEASE OF REGISTRATION REQUIREMENTS Any sex offender required to register may petition the Superior Court for release from the registration requirements as follows: Tier III: May petition for redesignation to Tier II if:
Tier II: May petition for redesignation to Tier I if:
Tier I: May petition for relief from designation as a sex offender
When considering the petition for redesignation, the Court shall weigh all relevant evidence which bears upon the character and propensities of the offender, and the facts and circumstances of that offender's prior offenses. The Court, in its discretion, may hold a hearing on the petition. The Superior Court shall not grant a petition for redesignation unless:
The Court provides the Attorney General with notice of the petition and with a reasonable period of time to be heard upon the matter. |




