Sex Crimes

SEX OFFENDER GUIDELINES

Any 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:

• 25 years have elapsed from the last day of any Level IV or V sentence imposed at the time of the original conviction, or from the date of sentencing if no Level IV or V sentence was imposed,
• the offender has successfully completed an appropriate sex offender treatment program certified by the State, and
• has not been convicted of any other crime
• NOTE: If the offender was convicted of any crime or has otherwise violated probation, no petition or redesignation shall be permitted until 25 years have elapsed from the date of the subsequent conviction or finding of violation, during which time no additional convictions or findings of violation have occurred.
• Upon redesignation to Tier II, the sex offender is still required to register for life and address verification every 90 days.

Tier II: May petition for redesignation to Tier I if:

• The victim was not a child < 18 years of age;
• 10 years have elapsed from the last day of any Level IV or V sentence imposed at the time of the original conviction, or from the date of sentencing if no Level IV or V sentence was imposed,
• the offender has successfully completed an appropriate sex offender treatment program certified by the State, and
• has not been convicted of any other crime
• NOTE: If the offender was convicted of any crime or has otherwise violated probation, no petition or redesignation shall be permitted until 10 years have elapsed from the date of the subsequent conviction or finding of violation, during which time no additional convictions or findings of violation have occurred.

Tier I: May petition for relief from designation as a sex offender

• 10 years have elapsed from the last day of any Level IV or V sentence imposed at the time of the original conviction, or from the date of sentencing if no Level IV or V sentence was imposed,
• the offender has successfully completed an appropriate sex offender treatment program certified by the State, and
• has not been convicted of any other crime
• NOTE: If the offender was convicted of any crime or has otherwise violated probation, no petition or redesignation shall be permitted until 10 years have elapsed from the date of the subsequent conviction or finding of violation, during which time no additional convictions or findings of violation have occurred.

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 sex offender establishes by a preponderance of the evidence that public safety no longer requires preservation of the original designation; and

The Court provides the Attorney General with notice of the petition and with a reasonable period of time to be heard upon the matter.