HB265 • 2025

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO SEXUAL OFFENSE REPORTING AND IMMUNITY FOR CERTAIN CRIMES.

Crime

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Ross Levin
Last action: 2026-06-24
Official status: Signed 6/24/26
Effective date: Not listed

Plain English Breakdown

The official text specifies that immunity applies to civil penalties, violations, or misdemeanors for possession or consumption, but the exact list of specific statutes covered is technical and summarized here as 'small crimes'.

Delaware Law Protecting People Who Report Sexual Crimes

This law stops police and courts from charging people with small drug or alcohol crimes if they report a sexual offense to authorities.

What This Bill Does

Stops arrests, charges, prosecution, or citations for low-level drug or alcohol offenses when someone reports a sexual crime in good faith.
Requires the person reporting to give their full name, contact info, and enough details about the possible sexual offense.
Protects people on probation, parole, or pretrial release from having their status changed because of these small crimes connected to the report.
Allows prosecutors to still use evidence found in other ways that is not connected to the report.

Who It Names or Affects

Victims and witnesses who contact police about a sexual offense
People currently on probation, parole, or pretrial release
Law enforcement officers investigating these reports

Terms To Know

Alcohol offense: A small crime involving drinking alcohol in public or underage drinking.
Drug offense: A small crime involving having or using drugs, but not selling them.
Immunity: Protection from being charged with a crime for specific actions taken while reporting another crime.

Limits and Unknowns

This protection does not apply if the person is accused of committing the sexual offense themselves.
Prosecutors can still charge people using evidence found separately, without relying on their report.
The law only covers small drug and alcohol crimes; it does not protect against other types of serious crimes.

Bill History

2026-06-24 Delaware General Assembly
Signed by Governor
2026-06-18 Delaware General Assembly
Passed By Senate. Votes: 20 YES 1 ABSENT
2026-05-13 Delaware General Assembly
Reported Out of Committee (Judiciary) in Senate with 4 On Its Merits
2026-03-19 Delaware General Assembly
Passed By House. Votes: 37 YES 4 ABSENT
2026-03-19 Delaware General Assembly
Assigned to Judiciary Committee in Senate
2026-03-11 Delaware General Assembly
Reported Out of Committee (Judiciary) in House with 7 Favorable, 2 On Its Merits
2026-01-08 Delaware General Assembly
Introduced and Assigned to Judiciary Committee in House

Official Summary Text

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO SEXUAL OFFENSE REPORTING AND IMMUNITY FOR CERTAIN CRIMES.
This Act provides limited immunity from prosecution for persons who seek to report a sexual offense. Under this Act a person who is a victim or witness or otherwise seeks law enforcement assistance in relation to a sexual offense may not be charged, arrested, or prosecuted, or issued a civil citation for low-level crimes relating to drug or alcohol use or possession. This Act also provides that a person’s probation or pretrial release status may not be revoked or changed based on an incident for which the person would receive the limited immunity from prosecution provided under this statute.

Current Bill Text

Read the full stored bill text

Legislation Document

SPONSOR:

Rep. Ross Levin & Rep. Phillips & Sen. Pinkney

Reps. Berry, Gorman, Heffernan, K. Johnson, Lambert, Morrison, Neal, Romer, Snyder-Hall, K. Williams, Bush, Griffith, Harris; Sens. Cruce, Lockman, Seigfried, Townsend

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 265

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO SEXUAL OFFENSE REPORTING AND IMMUNITY FOR CERTAIN CRIMES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Part D, Subchapter II, Chapter 5 of Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 762A. Immunity relating to sexual offense reporting.

(a) As used in this section:

(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).

(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.

(3) “Sexual offense” means any offense in Part D, Subchapter II, Chapter 5 of this title.

(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:

(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

(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.

(3) The person provides their full name, contact information, and sufficient information to determine that a sexual offense may have occurred.

(4) The person is not alleged to have committed the sexual offense.

(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.

(d) Nothing in this section precludes either of the following:

(1) Prosecution of a person based on evidence from an independent source.

(2) Investigation or prosecution of other crimes or violations committed by a person who otherwise qualifies for limited immunity under this section.

SYNOPSIS

This Act provides limited immunity from prosecution for persons who seek to report a sexual offense. Under this Act a person who is a victim or witness or otherwise seeks law enforcement assistance in relation to a sexual offense may not be charged, arrested, or prosecuted, or issued a civil citation for low-level crimes relating to drug or alcohol use or possession. This Act also provides that a person’s probation or pretrial release status may not be revoked or changed based on an incident for which the person would receive the limited immunity from prosecution provided under this statute.