Delaware

Population

1,000,000

Population 0‑18

21.8%

Internet Users

73.5%
* Statistics provided by CIA.gov, Internet World Stats and GSMA Intellligence

2003 – Delaware adopted the i-SAFE Safe Schools Education Initiative as its approved Internet safety curriculum. The resources are provided for teachers on the Delaware Center for Educational Technology’s (DCET) website. K-12 students learn about online community citizenship, personal safety online, acceptable use policies, netiquette and online socializing.

2007 – The Delaware Center for Educational Technology was established and tasked with creating a modern educational technology infrastructure in Delaware’s public schools. Its purpose is to enable students to meet the academic standards set by the State Board of Education through the use of IT in the classroom, and to develop the skills needed for the 21st century workforce.

Beginning in 2007, former Attorney General, Joseph R. “Beau” Biden III, and his staff delivered Internet safety presentations to children. Online safety for children and prosecuting child predators were important areas of focus for Biden.

2009 – A resolution was passed, establishing a Teen Dating Violence Task Force to evaluate and make recommendations on policies for education regarding this issue. Members of the task force defined dating violence as a pattern of assaultive and controlling behaviors that one person uses against another in order to gain or maintain power in a relationship. Dating violence covers a wide range of behaviors, including harassment, verbal, emotional and economic abuse, sexual abuse, stalking, and physical abuse.

2012 – Delaware passed a law mandating a statewide, uniform cyberbullying policy. The policy includes a detailed definition of cyberbullying, explained that schools could punish off-campus cyberbullying and provided a list of social media sites where posts meeting the regulation’s definition would be considered cyberbullying. Students and parents were notified of the policy at the beginning of the 2013-2014 school year.

Another bullying statute passed the same year required that schools report all reported incidents of bullying to the state Department of Education. The Department of Education is required to randomly audit schools every year to ensure that reports were reported correctly. The contact information for the Attorney General’s ombudsman, who assists parents and students unsatisfied with their school’s resolution of bullying issues must be displayed prominently on school websites. Schools must also report to the state if a bullying incident was the result of a student being targeted for a particular reason, such as race, religion or sexual orientation.

2013 – Delaware met all 10 of the Data Quality Campaign’s actions for effective data use. The state has: (1) linked data systems, (2) created stable and sustained support for longitudinal data systems, (3) developed governance structures, (4) built state data repositories, (5) provided timely and role-based access to data, (6) created progress reports with student-level data, (7) created reports with longitudinal statistics to guide changes, (8) developed a research agenda, (9) implemented policies and promoted practice to build educators’ ability to use data, and (10) promoted strategies to raise awareness of available data.

2015 – The Student Data Privacy Protection Act was signed and enacted. The act protects the privacy and security of student data so students and educators can safely use technology to enhance education. It prohibits educational technology service providers used for K-12 school purposes from selling student data, using student data for targeted advertising, amassing profiles on students to be used for non-educational purposes or disclosing student data. The law also requires such service providers to have reasonable policies for ensuring the security of student data and deleting the data if requested to do so by the school or school district. It established a Student Data Privacy Task Force to study and make recommendations for the development and implementation of privacy, protection, accessibility and student data use policies throughout the state.

The same year, eLearning Delaware began providing online professional development, mandatory trainings, and technical assistance through the Schoology Learning Management System. 24 districts/charters covering 121 schools will be using Schoology educator training programs with their K-12 students. eLearning programing includes education on child abuse and school bullying.

2016 – Delaware revised policies and procedures of its Career and Technical Education based on feedback from local education education agency staff. The new policy eliminates the CTE course approval process, instead instituting a process for program of study approval. The revised policy also changes the timeline for CTE program approval

National Human Trafficking Resource Center: Delaware State Report (2015)

National Human Trafficking Resource Center

This report compiles 2014 data on human trafficking, including the number of reports made to NHTRC and demographic data on the state's trafficking victims.

This section contains details of the state’s laws as they relate to sexual offenses, children and the use of the Internet in the commission of criminal activity. Where possible, sentence details have been given, including whether an increased custodial penalty is imposed where the victim is a child.

Unless otherwise specified, felonies in the state of Delaware are sentenced as follows:

  • Class A felony: 15 years’ to life imprisonment.
  • Class B felony: two to 25 years’ imprisonment.
  • Class C felony: maximum of 15 years’ imprisonment.
  • Class D felony: maximum of eight years’ imprisonment.
  • Class E felony: maximum of five years’ imprisonment.
  • Class F felony: maximum of three years’ imprisonment.
  • Class G felony: maximum of two years’ imprisonment.

Unless otherwise specified, misdemeanors in the state of Delaware are sentenced as follows:

  • Class A misdemeanor: maximum of one year imprisonment.
  • Class B misdemeanor: maximum of six months’ imprisonment.

Delaware Code (Del. C.) 6-1201. Delaware Online Privacy and Protection Act. States that operators of Internet services directed toward children are prohibited from marketing or advertising products or services deemed harmful to children. When an advertising service controls this content, the Internet service operator is required to notify the advertising service, after which the prohibition applies directly to the advertising service. Internet service operators who know a child is using their service are prohibited from using the child’s personally identifiable information to market or advertise specific products or services to the child, or disclosing the child’s information if they know it will be used for marketing or advertising a specified product to the child. Internet service operators must make their privacy policies conspicuously available on their Internet services if they collect personally identifiable information from Delaware residents for commercial purposes. Similar provisions apply for digital book services. - Del. C. 11-5-762. Provisions Generally Applicable to Sexual Offenses. States, among other things, that the victim’s age is an element of a sexual offense because if the child is under the age of 16 and the offender is no more than four years older, it is an affirmative defense that the victim consented to the act. This does not apply if the victim is under the age of 12. - Del. C. 11-5-763. Sexual Harassment. A person is guilty of this offense if he/she threatens to engage in conduct likely to result in the commission of a sexual offense against any person, or suggests or otherwise attempts to induce sexual contact, intercourse or unlawful sexual penetration with a person, knowing the person will likely be annoyed, offended or alarmed. An offense is an unclassified misdemeanor. - Del. C. 11-5-764. Indecent Exposure in the Second Degree. A person is guilty of this offense if he/she exposes his/her genitals, buttocks or female breast when he/she knows such conduct is likely to cause affront or alarm to another person. An offense is an unclassified misdemeanor. - Del. C. 11-5-765. Indecent Exposure in the First Degree. This section states that a person is guilty of this offense if he/she exposes his/her genitals, buttocks or female breast to a person under the age of 16 in circumstances likely to cause affront or alarm. This is a class A misdemeanor. - Del. C. 11-5-767. Unlawful Sexual Contact in the Third Degree. States that an offense is committed if a person has sexual contact with a person or causes the victim to have sexual contact with the person or a third person and the person knows that the contact is offensive the victim or occurs without his/her consent. This is a class A misdemeanor. - Del. C. 11-5-768. Unlawful Sexual Contact in the Second Degree. Defines the offense as having sexual intercourse with (or causing to have sexual intercourse with) a person who is less than 18 years of age. This crime is classed as a class F felony which carries a prison term of up to three years. - Del. C. 11-5-769. Unlawful Sexual Contact in the First Degree. Defines the offense as injuring the victim whilst carryout out sexual contact in the second degree, or where the victim is under 13 years of age. The offense is deemed to be a class D felony. - Del. C. 11-5-770. Rape in the Fourth Degree. States that a person is guilty of an offense if he/she engages in sexual intercourse with a minor under the age of 16; or with a minor under the age of 18 when the offender is 30 years of age or older (unless they were married at the time of the offense). It is also an offense to engage in sexual penetration with a minor under the age of 16 without the victim’s consent. Rape in the fourth degree is a class C felony. - Del. C. 11-5-771. Rape in the Third Degree. Defines the offense as sexual intercourse with a minor under the age of 16 where the offender is at least 10 years older than the victim, or the victim is under the age of 14 and the offender is aged 19 or above and has been prosecuted under §772 or §773 of this title. This is a class B felony. The definition of rape in the third degree also includes engaging in sexual penetration with a minor under the age of 16, without consent, where the offender caused physical injury or serious mental or emotional injury to the victim. The latter carries a minimum penalty of 25 years’ imprisonment up to a maximum sentence of life imprisonment if the victim is under the age of 14 or the defendant has previously been convicted for a sex offense set forth in Title 11 of this code which is classified as a class A or B felony (11-5-4205A). - Del. C. 11-5-772. Rape in the Second Degree. States, among other things, that anyone who engages in sexual penetration, without consent, with a minor under the age of 16 and display or threatens to use a deadly weapon or dangerous instrument is guilty of a class B felony. The definition of rape in the second degree also covers sexual penetration with a child under the age of 12 where the offender is aged 18 or above, without the victim’s consent. The minimum penalty for this offense is 10 years. Where the victim is under the age of 14 or the defendant has previously been convicted for a sex offense set forth in Title 11 of this code which is classified as a class A or B felony, an aggravated penalty of imprisonment for a minimum of 25 years up to a maximum sentence of life imprisonment will apply (11-5-4205A). - Del. C. 11-5-773. Rape in the First Degree. States, among other things, that it is an offense to engage in sexual intercourse with a child under the age of 12 where the offender is aged 18 or above, without the victim’s consent. This is a class A felony, punishable by life imprisonment without parole or probation. - Del. C. 11-5-774. Sexual Extortion. States that this offense is committed when a person intentionally compels or induces another to engage in any sexual act with the person or another by means of instilling fear in the victim that if he/she refuses, the defendant or another will cause physical injury to someone, cause damage to property, engage in another crime, accuse someone of a crime, expose a secret to subject someone to ridicule or hatred, falsely testify or withhold testimony, or perform another act to harm another person. This is a class E felony. - Del. C. 11-5-776. Continuous Sexual Abuse of a Child. Defines the offense as engaging in three or more access of sexual conduct with a child under the age of 18 years over a period of time which is no less than three months. This is deemed to be a class B felony. - Del. C. 11-5-777. Dangerous Crime against a Child. Defines a dangerous crime against a child as any criminal sexual conduct against a minor under the age of 14 as defined in §§ 770-773, § 777A, §§ 778-778A, or §§ 1108-1112A. For this section only it is a valid defense to a charge under section 11-5-762(a) (mistake as to age) that the defendant believed the victim to be above the age of 16. Any adult who committed a dangerous crime against a child is guilty of a class B felony. A second offense is punishable by life imprisonment. Where the victim is under the age of 14 or the defendant has previously been convicted for a sex offense set forth in Title 11 of this code which is classified as a class A or B felony, an aggravated penalty of imprisonment for a minimum of 25 years up to a maximum sentence of life imprisonment will apply (11-5-4205A). - Del. C. 11-5-777a. Sex Offender Unlawful Sexual Conduct against a Child. States that a registered sex offender is guilty of this offense if he/she commits a sexual offense against a child under the age of 18. If the underlying sexual offense is a misdemeanor, the crime of sex offender unlawful sexual conduct against a child is a class G felony, except where the child is younger than 12 years of age in which case it is a class C felony. If the underlying sexual offense is a class C, D, E, F, or G felony, this crime is a felony one grade higher than the underlying offense, except where the child is younger than 12 years of age in which case it is a class B felony. If the underlying sexual offense is a class C, D, E, F, or G felony and the victim is under 18 years of age and has a cognitive disability, this offense is deemed to be a class B felony. If the underlying sexual offense is a class A or B felony, the crime of sex offender unlawful sexual conduct against a child shall be the same grade as the underlying offense, and the minimum prison sentence for the underlying offense will be doubled. The provisions above shall not apply if the defendant is also a child. Where the victim is under the age of 14 or the defendant has previously been convicted for a sex offense set forth in Title 11 of this code which is classified as a class A or B felony, an aggravated penalty of imprisonment for a minimum of 25 years up to a maximum sentence of life imprisonment will apply (11-5-4205A). - Del. C. 11-5-787. Trafficking of Persons and Involuntary Servitude. States, among other things, that anyone who recruits, entices, provides, transports, harbors, or obtains by any means, a minor under the age of 18, knowing that the minor will engage in commercial sexual activity, a sexually explicit performance, or the production of pornography, is guilty of sexual servitude of a minor. Sexual servitude is a class C felony unless the victim is a minor, in which case it is a class B felony. If the defendant used force or threat he/she is guilty of a class A felony offense. Listed within this section is the crime of patronizing a victim of sexual servitude. A person is guilty of this offense if he/she knowingly agrees to give or offers to give anything of value so that the he/she may engage in commercial sexual activity with another person, knowing that person is a victim of sexual servitude. This is a class D felony unless the victim is a minor, in which case it is a class C felony. A minor engaged in commercial sexual activity is eligible for state benefits and services regardless of immigration status. - Del. C. 11-5-931-940. Computer Crimes. Defines offenses such as unauthorized access to a computer system, theft or interruption of computer services, misuse of computer system information, unauthorized email or network to cause scam, and destruction of computer equipment. Where the damage caused exceeds $5,000, the offense is deemed to be a class E felony; is the damage less than $1,500, the offense is classed as a class A misdemeanor. - Del. C. 11-5-941. Address Confidentiality Act. A 2015 amendment to this act extends its protections by prohibiting people from publicly posting or displaying on the Internet, or soliciting, selling or trading on the Internet, specified personal information of a program participant with the intent of inciting another person to use the information to commit a violent crime or threaten violence against the program participant or a member of his/her household. Such violations may be subject to both criminal penalties and civil remedies for aggrieved persons. - Del. C. 11-5- 1103. Definitions Relating to Children. Defines, among other things, “prohibited sexual act” as sexual intercourse, anal intercourse, masturbation, bestiality, sadism, masochism, fellatio, cunnilingus, sexual contact, or the lascivious exhibition of the genitals or pubic area of any child. A child is deemed to be a person under the age of 18, unless otherwise stated. - Del. C. 11-5-1108. Sexual Exploitation of a Child. This section prohibits the filming, photographing, producing or financing of a depiction of a child performing a prohibited sexual act or the simulation of such. Also prohibited is the distribution in any form of such depiction, including via a computer, Internet site or web page. It is also an offense to permit, cause, facilitate, promote or otherwise advance an exhibition of a child engaging in such an act. This offense is deemed to be a class B felony but second or subsequent convictions carry a mandatory life sentence. For sentencing purposes, this offense is deemed to be a violent felony. Second or subsequent offenses render the defendant liable to life imprisonment. - Del. C. 11-5-1109. Dealing in Child Pornography. This section states that it is an offense to ship, transmit, mail or transport by any means, including by computer or other digital or electronic method, any material showing a child engaging in a prohibited sexual act or the stimulation of such. Receiving such material for the purpose of selling or distributing is also an offense, as is the dissemination. The section also states that anyone who compiles, accesses, transmits, receives, enters, exchanges, stores, disseminates, makes, prints, reproduces or otherwise possesses, or advertises, promotes, presents or exhibits such material is guilty of the same offense. This is deemed to be a class B felony. For sentencing purposes, this offense is deemed to be a violent offense. - Del. C. 11-5-1111. Possession of Child Pornography. Deems the possession of child pornography to be a class F felony. - Del. C. 11-5-1112A. Sexual Solicitation of a Child. Prohibits the sexual solicitation of a child under the age of 18 by any adult. The compilation or storage of data about the child, used for the purposes of soliciting that child, is also an offense under this section. This offense is deemed to be a class C felony. For sentencing purposes, this offense is deemed to be a violent offense. A class C felony carries a term of up to 15 years’ imprisonment. This offense if a class B felony if the defendant meets the child or attempts to meet the child in person for the purpose of engaging in a prohibited sexual act. - Del. C. 11-5-1112B. Promoting Sexual Solicitation of a Child. Prohibits the sexual solicitation of a child under the age of 18 by any adult. This statute prohibits the use of a computer, cell phone or other electronic device to communicate with another person to solicit or otherwise attempt that person to engage in a prohibited sexual act with a child. This offense is deemed to be a class C felony. For sentencing purposes, this offense is deemed to be a violent offense. A class C felony carries a term of up to 15 years’ imprisonment. This offense if a class B felony if the defendant meets the child or attempts to meet the child in person for the purpose of engaging in a prohibited sexual act. - Del. C. 11-5-1311. Harassment. Defines harassment as, among other definitions, to communicate with another person, including by any electronic means, in a manner likely to cause alarm or annoyance. This is deemed to be a class A misdemeanor. - Del. C. 11-5-1312. Stalking. Defines the crime of stalking as to engage in a course of conduct that will place the victim in fear of physical injury or that causes the victim mental anguish or distress. This is deemed to be a class G felony, unless the victim is under 14 and the perpetrator is over 21 years old, in which case it is deemed to be a class F felony. Stalking is a class C felony if the perpetrator carries a deadly weapon or causes serious physical injury to the victim. - Del. C. 11-5-1335. Violation of Privacy. This statute was amended in 2014 to include the non-consensual dissemination of visual depictions containing nudity or sexual acts. Any of the following would constitute an offense: (1) obtaining the visual depiction without the consent of the person depicted; (2) committing the offense for profit; (3) maintaining an internet website, online service, online application, or mobile application for the purpose of committing this offense; (4) committing this offense with the intent to harass, annoy or alarm the person depicted; (5) committing this offense and pairing the visual depiction with personally identifiable information of the person depicted; or (6) committing this offense within five years of a prior conviction for this offense. Any such offense is a Class B misdemeanor and an aggravated offense is a Class G felony. - Del. C. 29-66C-6601C. Delaware Children’s Internet Protection Act. Requires public libraries receiving state funding to have filtering systems in place to prevent children from accessing inappropriate content online.