Bill Text: DE HB304 | 2009-2010 | 145th General Assembly | Draft

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Bill Title: An Act To Amend Title 11 Of The Delaware Code Relating To Specific Offenses.

Spectrum: Slight Partisan Bill (Democrat 20-12)

Status: (Passed) 2010-05-21 - Signed by Governor [HB304 Detail]

Download: Delaware-2009-HB304-Draft.html

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SPONSOR:	Rep. Bennett & Sen. Blevins & Rep. Hudson ; Reps. Schwartzkopf Barbieri Carson Hocker Jaques Q. Johnson Kowalko Lavelle Longhurst Miro Mitchell Ramone Walls Brady D. Short Scott D.E. Williams Kovach Wilson Blakey Oberle ;Sens. Bushweller Hall-Long Katz McDowell Sokola Cloutier Ennis Booth

HOUSE OF REPRESENTATIVES

145th GENERAL ASSEMBLY

HOUSE BILL NO. 304

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO SPECIFIC OFFENSES.

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

Section 1.Amend §770(a)(3)b., Title 11 of the Delaware Code by deleting the language "; or" as it appears at the end of such paragraph and by substituting in lieu thereof a period ".".

Section 2.Amend §770, Title 11 of the Delaware Code by deleting paragraph (a)(4) in its entirety.

Section 3.Amend §770(b), Title 11 of the Delaware Code by deleting the language "Paragraphs (a)(3) and (a)(4) of this section do"as it appears therein and substituting in lieu thereof the language "Paragraph (a)(3) of this section does".

Section 4.Amend §771(a)(2)b., Title 11 of the Delaware Code by deleting the period "." as it appears at the end of paragraph (a)(2)b. and substituting in lieu thereof the language "; or".

Section 5.Amend §771, Title 11 of the Delaware Code by adding a new paragraph (a)(3) to read as follows:

"(3)Intentionally engages in sexual intercourse or sexual penetration with another person, and the victim has reached that victim's sixteenth birthday but has not yet reached that victim's eighteenth birthday and the defendant stands in a position of trust, authority or supervision over the child, or is an invitee or designee of a person who stands in a position of trust, authority or supervision over the child.".

Section 6.Amend §771(b), Title 11 of the Delaware Code by deleting the language "Paragraph (a)(2) of this section does" as it appears therein and substituting in lieu thereof "Paragraphs (a)(2) and (a)(3) of this section do".

SYNOPSIS

This bill provides that a person who stands in a position of trust, authority or supervision over a child who is at least 16 years old but not yet 18 years old and intentionally engages in sexual intercourse or sexual penetration with such child or an invitee or designee of such person shall have committed the offense of Rape in the 3^rd degree which is a class B felony.This offense is currently Rape in the 4^th degree which is a class C felony.