Delaware Sexting Laws (2026 Guide)


Unlike some states that have enacted specific “teen sexting” laws to protect minors from felony charges, Delaware takes a stricter approach. The state does not have a dedicated statute for sexting between minors. Instead, teens who share explicit images often face prosecution under the same serious statutes used for child pornography and sexual exploitation. While there is a narrow exception for “partial nudity,” most sexting cases involving minors can legally result in felony charges.

Key Points

  • Specific Teen Sexting Law: No (General statutes apply)
  • “Partial Nudity” Exception: Yes (11 Del. C. § 1110A)
  • Minor-to-Minor: Can be charged as Class B, D, or F Felony
  • Adult-to-Minor: Serious Felony charges
  • Revenge Porn Law: Yes (11 Del. C. § 1335)
  • Sex Offender Registration: Likely required for felony convictions

Penalties at a Glance

  • Dealing in Child Pornography: Class B Felony (2-25 years)
  • Possession of Child Pornography: Class F Felony (up to 3 years)
  • Violation of Privacy (Revenge Porn): Class A Misdemeanor or Class G Felony
  • Sexual Exploitation: Class B Felony (minimum 2 years prison)

Table of Contents

Overview: A High-Risk State for Teens

Delaware law does not distinguish between a predatory adult sharing illicit images and two teenagers in a relationship sharing selfies. Because there is no specific “Romeo and Juliet” sexting statute for fully nude images, prosecutors have the discretion to charge minors with Dealing in Child Pornography or Sexual Exploitation of a Child.

This means a high school student who sends a nude photo to their boyfriend or girlfriend could theoretically face the same legal category of charges as an adult predator. While the juvenile justice system often focuses on rehabilitation, the statutory starting point is a felony.

Child Pornography & Exploitation Statutes

When sexting involves images of a person under 18, Delaware prosecutors typically utilize three main statutes found in Title 11, Chapter 5, Subchapter V of the Delaware Code.

Dealing in Child Pornography (§ 1109)

Under 11 Del. C. § 1109, a person is guilty of dealing in child pornography if they:

  • Manufacture, publish, reproduce, sell, exchange, or distribute any child pornography.
  • Possess child pornography with the intent to distribute or exchange it.

Classification: Class B Felony (2 to 25 years in prison). If the act involves only “partial nudity” (and the defendant is over 18), it may be reduced to a Class D Felony.

Possession of Child Pornography (§ 1111)

Under 11 Del. C. § 1111, merely having an explicit image of a minor on your phone or computer is a crime.

  • Classification: Class F Felony (up to 3 years in prison).
  • Quantity Factor: Possessing 25 or more images raises the charge to a Class E Felony. Possessing 100 or more is a Class D Felony.

Sexual Exploitation of a Child (§ 1108)

Under 11 Del. C. § 1108, a person is guilty if they allow, encourage, or induce a child to engage in any “prohibited sexual act” for the purpose of creating a visual depiction.

  • This statute effectively criminalizes the act of taking or asking for the photo.
  • Classification: Class B Felony (2 year minimum mandatory sentence).

The “Partial Nudity” Exception (§ 1110A)

Delaware does have one specific statutory protection for minors, but it is very narrow. Under 11 Del. C. § 1110A, a person under the age of 18 cannot be convicted of Dealing in Child Pornography (§ 1109) or Sexual Exploitation (§ 1108) IF:

  • The underlying image depicts ONLY “partial nudity.”

What is “Partial Nudity”?

Defined in 11 Del. C. § 1100, “partial nudity” generally refers to the showing of the female breast (below the top of the nipple) or buttocks with less than a fully opaque covering.

Crucial Warning: This exception does NOT apply if the image depicts:

  • Genitals (even if covered by transparent material).
  • Sexual intercourse or other sexual acts.
  • Masturbation.
  • Lewd exhibition of the genitals.

If a minor shares an image involving any of the above, § 1110A offers no protection, and they can be charged with a felony.

Penalties for Minors

Because sexting charges fall under felony statutes, the potential penalties are severe. However, minors are typically handled in Family Court rather than Superior Court.

Juvenile Adjudication

Instead of a “conviction,” a minor is “adjudicated delinquent.” Penalties can include:

  • Probation: Supervised release with strict conditions (no internet access, no smartphone).
  • Treatment Programs: Mandatory counseling for sexual behavior problems.
  • Detention: Placement in a juvenile facility (Stevenson House or Ferris School).
  • Sex Offender Registry: The judge has discretion to order registration for juveniles, depending on the severity of the offense (Tier I, II, or III).

Adults Sexting With Minors

For adults (18+), there are no exceptions. Sending or receiving explicit images from a minor is a serious felony.

  • Solicitation: Asking a minor for photos can be charged as Sexual Solicitation of a Child (11 Del. C. § 1112A), a Class B Felony.
  • Possession: Simply having the image is a Class F Felony (§ 1111).
  • Distribution: Sending the image to others is a Class B Felony (§ 1109).

Adults convicted of these crimes face mandatory prison time and lifetime sex offender registration.

Revenge Porn Laws (Violation of Privacy)

Delaware addresses non-consensual image sharing (revenge porn) under its Violation of Privacy statute, 11 Del. C. § 1335.

A person is guilty of Violation of Privacy if they knowingly transmit or publish visual material depicting another person engaged in a sexual act or displaying their genitals/intimate parts when:

  1. The depicted person had a reasonable expectation of privacy.
  2. The depicted person did not consent to the transmission or publication.

Penalties

  • Standard Offense: Class A Misdemeanor (up to 1 year in jail, $2,300 fine).
  • Aggravated Offense: If the image is distributed to a large audience (like posting it on social media or a website), it becomes a Class G Felony (up to 2 years in prison).

Sex Offender Registration

Delaware has a three-tiered sex offender registry. Convictions for Dealing in Child Pornography or Sexual Exploitation generally require registration.

  • Adults: Mandatory registration, often for Tier II (25 years) or Tier III (Life).
  • Juveniles: The court determines if registration is required based on the minor’s age, criminal history, and risk to the community. However, unlike some states with “teen sexting” laws that explicitly ban registration for first offenses, Delaware law leaves this possibility open.

Legal Defenses

Defending against sexting charges in Delaware is complex due to the lack of specific teen statutes. Common defense strategies include:

1. The § 1110A Exception

Arguing that the image in question only meets the definition of “partial nudity” and thus exempts the minor from the most serious felony charges.

2. Lack of Intent/Knowledge

Proving that the defendant did not knowingly download or possess the image (e.g., it was sent to a group chat and automatically saved without their consent).

3. Age Defense (Mistake of Age)

For adults charged with exploitation, claiming they didn’t know the victim was a minor is generally NOT a valid defense in Delaware. The crime is strict liability regarding age.

Frequently Asked Questions

Is sexting a felony in Delaware?

Yes. Because there is no specific misdemeanor sexting law, conduct involving full nudity or sexual acts falls under felony child pornography statutes (§ 1109, § 1111), punishable by years in prison.

Does the “Romeo and Juliet” law apply to sexting?

Not directly. Delaware’s “Romeo and Juliet” laws usually refer to consensual sexual contact between close-in-age peers to avoid rape charges. They do not automatically protect teens from child pornography charges for sending photos, except for the narrow § 1110A “partial nudity” exception.

What if I received a photo I didn’t ask for?

Technically, possession is a crime (§ 1111). However, if you did not solicit the image and you delete it immediately upon receipt, you likely lack the “criminal intent” required for conviction. Do not forward it to anyone.

Can my school punish me for sexting?

Yes. If the conduct occurs on school property, during school hours, or causes a disruption to the school environment, schools can impose suspension or expulsion in addition to criminal charges.

Can parents be liable?

Parents are generally not criminally liable for their child’s sexting unless they facilitated it. However, they could face civil lawsuits for damages if their child harms another teen through “revenge porn” or harassment.

What to Do If Charged

If you or your child is contacted by police regarding sexting:

  • Remain Silent: Do not answer questions from police or school administrators without a lawyer. “Explaining your side” often provides the evidence needed for a conviction.
  • Do Not Delete Evidence (If an Investigation Has Started): If you know you are being investigated, deleting photos can lead to “Tampering with Physical Evidence” charges (11 Del. C. § 1269). Consult a lawyer immediately on how to handle the device.
  • Hire an Attorney: You need a criminal defense lawyer experienced in juvenile law and sex crimes. They can advocate for diversion programs or lesser charges to avoid a felony record.

Resources

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This article provides general legal information about Delaware sexting laws as of February 2026. Laws are subject to change. This is not legal advice. If you face legal trouble, contact a qualified Delaware criminal defense attorney immediately.

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