HB281 • 2025

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO CHILD ABUSE BY A PERSON IN A POSITION OF TRUST, AUTHORITY, OR SUPERVISION.

Children Crime

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Michael Smith
Last action: 2026-01-27
Official status: House Judiciary 1/27/26
Effective date: Not listed

Plain English Breakdown

The bill text provided is an excerpt and does not define what constitutes a 'position of trust, authority, or supervision,' leaving that definition unclear.

New Law for Child Abuse by People in Charge

This bill creates a new crime called child abuse by a person in a position of trust, authority, or supervision and sets different felony penalties based on the injury caused.

What This Bill Does

Creates a specific crime for people who hurt children while holding a role of trust, authority, or supervision over them.
Defines five levels of this new crime (Class A through F felonies) based on how much harm was done to the child and whether the person acted intentionally, knowingly, or recklessly.
Sets penalties ranging from Class A felonies for causing permanent disfigurement down to Class F felonies for acting in ways likely to hurt a child's welfare.
States that not knowing a child is under age 6 does not excuse an adult who hurts them.
States that not knowing a child has a disability does not excuse an adult who hurts them.

Who It Names or Affects

People in positions of trust, authority, or supervision over children
Children under the age of 6
Children with intellectual development issues or physical disabilities

Terms To Know

Class A through F felony: Categories of serious crimes in Delaware that carry different prison sentences, with Class A being the most severe.
Serious physical injury: Harm to a child's body that causes permanent disfigurement, health problems, or loss of an organ function.

Limits and Unknowns

The bill text does not define exactly which jobs count as positions of trust, authority, or supervision.
The effective date for when this law starts is not listed in the provided source material.
This new crime can be charged alongside other existing crimes without stopping those charges.

Bill History

2026-01-27 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 CHILD ABUSE BY A PERSON IN A POSITION OF TRUST, AUTHORITY, OR SUPERVISION.
This bill creates the crime of child abuse by a person in a position of trust, authority, or supervision.
This crime may be a class A, B, C, E, or F felony depending on the degree of injury to the victim and whether the defendant acted intentionally, recklessly, or knowingly.

Current Bill Text

Read the full stored bill text

Legislation Document

SPONSOR:

Rep. Michael Smith & Sen. Poore

Reps. Hensley, Hilovsky, Shupe, K. Williams; Sens. Hansen, Lawson, Mantzavinos, Pettyjohn, Richardson, Sokola, Sturgeon, Wilson

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 281

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO CHILD ABUSE BY A PERSON IN A POSITION OF TRUST, AUTHORITY, OR SUPERVISION.

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

Section 1. Amend § 1103, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as sown by underline as follows:

§ 1103F. Child abuse by a person in a position of trust, authority, or supervision in the first degree; penalties.

A person is guilty of child abuse by a person in a position of trust, authority or supervision in the first degree when the person:

(a) intentionally or recklessly causes serious physical injury to a child and that injury causes permanent disfigurement, permanent impairment of health, or permanent loss or impairment of a bodily organ;

(b) intentionally or recklessly causes serious physical injury to a child;

(c) intentionally or recklessly causes physical injury to a child and any 1 of the following applies:

(1) the child is less than 6 years of age;

(2) the child has an intellectual development, or physical disability

(3) the injury as caused by means of a deadly weapon or dangerous instrument.

(4) It is not a defense that the person did not know the child’s age or that the person reasonably believed the child to be 6 years or older.

(5) It is not a defense that the person did not know the child has an intellectual, developmental, or physical disability or that the person reasonably believed the child did not have an intellectual, developmental, or physical disability.

(d) intentionally or recklessly causes physical injury to a child;

(e) intentionally, knowingly, or recklessly acts in a manner likely to be injurious to the physical, mental or moral welfare of a child.

(f) a. Child abuse by a person in a position of trust, authority or supervision in the first degree as set forth in paragraph (a) of this section is a class A felony.

b. Child abuse by a person in a position of trust, authority or supervision in the first degree as set forth in paragraph (b) of this section is a class B felony.

c. Child abuse by a person in a position of trust, authority or supervision in the first degree as set forth in paragraph (c) of this section is a class C felony.

d. Child abuse by a person in a position of trust, authority or supervision in the first degree as set forth in paragraph (d) of this section is a class E felony.

e. Child abuse by a person in a position of trust, authority or supervision in the first degree as set forth in paragraph (e) of this section is a class F felony.

(g) Nothing contained in this section shall preclude a separate charge, conviction and sentence for any other crime set forth in this title, or in the Delaware Code.

SYNOPSIS

This bill creates the crime of child abuse by a person in a position of trust, authority, or supervision.

This crime may be a class A, B, C, E, or F felony depending on the degree of injury to the victim and whether the defendant acted intentionally, recklessly, or knowingly.