AN ACT TO AMEND TITLE 11 AND TITLE 14 OF THE DELAWARE CODE RELATING TO SEXUAL EXTORTION.

Legislation Document

SPONSOR:

Sen. Pettyjohn & Rep. K. Williams

Sens. Buckson, Hansen, Hocker, Hoffner, Lawson, Mantzavinos, Poore, Richardson, Wilson; Reps. Bush, Griffith, Hilovsky, Osienski, Ross Levin, D. Short

DELAWARE STATE SENATE

153rd GENERAL ASSEMBLY

SENATE SUBSTITUTE NO. 1

FOR

SENATE BILL NO. 142

AN ACT TO AMEND TITLE 11 AND TITLE 14 OF THE DELAWARE CODE RELATING TO SEXUAL EXTORTION.

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

Section 1. Amend § 774, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 774. Sexual extortion; class E

felony.

felony; class B felony.

(a)

A person is guilty of sexual extortion when the person

intentionally compels

intentionally:

(1) Compels

or induces another person to

engage

do 1 or more of the following:

a. Engage

in any sexual act involving contact,

penetration

penetration,

or intercourse with the

person

defendant

or another

or others, or to produce

person.

b. Produce

a visual depiction of the

person

victim

or another

person

who is nude, or who is engaging in sexual conduct, with the

person

victim

or another

or others by

person.

(2) By

means of instilling in the victim a fear that, if

such

the

sexual act or production is not performed, the defendant or another

will:

person will do 1 or more of the following:

(1)

a.

Cause physical injury to

anyone;

anyone.

(2)

b.

Cause damage to

property;

property.

(3)

c.

Engage in other conduct constituting a

crime;

crime.

(4)

d.

Accuse anyone of a crime or cause criminal charges to be instituted against

anyone;

anyone.

(5)

e.

Expose a secret or publicize an asserted fact, whether true or false, intending to subject anyone to hatred,

contempt or ridicule;

contempt, or ridicule.

(6)

f.

Falsely testify or provide information or withhold testimony or information with respect to another’s legal claim or

defense;

defense.

(7)

g.

Reproduce, distribute, exhibit, publish, transmit, or otherwise disseminate a visual depiction of any person who is nude, or who is engaging in sexual

conduct; or

conduct.

(8)

h.

Perform any other act which is calculated to

materially

harm another person

materially

with respect to the other person’s health, safety, business, calling, career, financial condition,

reputation

reputation,

or personal relationships.

Sexual

(b) Except as provided in subsection (c) of this section, sexual

extortion is a class E felony.

(c) Sexual extortion is a Class B felony under any of the following circumstances:

(1) The defendant is an adult and the victim is 1 of the following:

a. A child, as defined in §1100 of this title.

b. A vulnerable adult, as defined in § 1105 of this title.

(2) A violation of subsection (a) of this section causes the victim to suffer serious physical injury or death.

Section 2. Amend § 4163, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 4163. Child abuse and child safety awareness, prevention, detection, and reporting [For applicability of section, see 83 Del. Laws, c. 407, § 2].

(b)

Educational programming. —

The Child Protection Accountability Commission and the Division of Family Services of the Department of Services for Children, Youth, and Their Families shall identify and maintain educational programming to be used by each school district and charter school for informing school district and charter school employees, students, and parents about personal body safety and child abuse and about how to detect and report child abuse. The Child Protection Accountability Commission and the Division of Family Services of the Department of Services for Children, Youth, and Their Families, in collaboration with the Department of Education, must review the educational programming and trainings

required

under this subsection every 3 years, at a minimum, and update the educational programming and trainings as needed to be relevant to Delaware students and conform with best practices. The educational programming must include all of the following:

(1) Training and education for school district and charter school employees that is evidence-based, whenever available, in order to raise awareness of issues regarding personal body safety, child abuse, child safety,

sexual extortion,

and adult sexual misconduct in

schools.Such

schools. The

training and education must

include:

include all of the following:

(2)

(2)a.

Evidence-based, whenever available, age-appropriate instruction for students enrolled in grades pre-kindergarten through 12 that is related to personal body

safety and

safety,

sexual

abuse

abuse,

and

other forms of child

abuse. Such

abuse, and sexual extortion. The

instruction

shall

must

include information on the difference between appropriate and inappropriate conduct and the actions that a child may take to be protected from sexual abuse and other forms of child abuse.

Such

The

instruction

shall

must

be designed to build on skills learned the previous year.

b. The instruction about sexual extortion, as defined in § 774 of Title 11, must include age-appropriate instruction on the dangers and consequences of sexual extortion and resources for online safety.

(3) Information for parents of students enrolled in grades pre-kindergarten through 12, online or in-person upon request, on all of the following:

g. Effective, age-appropriate ways to discuss sexual extortion.

h. Warning signs that a child may be a victim of sexual extortion.

(4) Each school district and charter school shall require a school administrator, school nurse, or school counselor to receive training in addition to the requirements set forth in paragraph (b)(1) of this section. The training and education

to

must

be evidence-based, whenever available,

that

and

must

include:

include all of the following:

d. Coordination with law enforcement and Title IX coordinators for any suspected violation of applicable policies or civil or criminal

law.

law, including the crime of sexual extortion.

Section 3. Section 1 of this Act is effective upon the Act’s enactment into law. Section 2 of this Act is effective upon the Act’s enactment into law and is implemented beginning on August 1, 2027.

SYNOPSIS

This Act is a Substitute for SB 142 and differs from SB 142 in the following ways:

1. Specifies that schools must provide age-appropriate training to students about the dangers and warning signs of sexual extortion, including online safety.

2. Delays implementation of employee training and student instruction to August 1, 2027.

3. Makes additional technical corrections to § 4163 of Title 14.

In 2022, the FBI reported that law enforcement received over 7,000 reports related to the financial sexual extortion of minors, resulting in 3,000 victims and more than a dozen suicides. In 2023, South Carolina adopted “Gavin’s Law” in honor of Gavin Guffey, the son of Representative Brandon Guffey. Gavin was victim of sexual extortion, which led him to tragically take his own life at only 17 years old. Gavin’s Law created the crime of sexual extortion in South Carolina.

In Delaware, sexual extortion is a crime under § 774 of Title 11. It is classified as a Class E felony punishable by up to 5 years in prison. This Act increases the penalty for sexual extortion to a Class B felony, which is punishable by a minimum of 2 years in prison up to a maximum of 25 years in prison, under the following circumstances:

1. The defendant is an adult and the victim is a child, as defined in § 1100 of Title 11, or a vulnerable adult, as defined in §1105 of Title 11.

2. The defendant’s sexual extortion of the victim causes the victim to suffer serious physical injury or death.

Gavin’s Law also requires school districts to educate students, and their parents or guardians, about the crime of sexual extortion. South Carolina’s Department of Education recommended including the required education in the Erin’s Law curriculum. Delaware has adopted its own version of Erin’s Law, under § 4163 of Title 14, that requires school districts and charter schools to provide appropriate training to employees and students, and to provide information to parents, about personal body safety, child safety, and how to detect and report child abuse. This Act specifies that information about the crime of sexual extortion must be included in the educational programming required by Erin’s Law.

This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, including restructuring § 774 of Title 11.

Author: Senator Pettyjohn