Sex Offender laws in Delaware
Sex crimes are illegal actions that involve any sexual misconduct, assault, unlawful sexual behavior, or illegal pornography. The penalties for sex crimes can be very severe and can include jail time, fines, and lifetime supervision. In Delaware, if you are convicted for a sex crime, there you will be subjected to legal action and incarceration based on which tier your offense belongs to. The Delaware police station is the primary administrative agency that takes care of the registry.
Tiers of sex offenders in Delaware
Sex offender registry requirements in Delaware are differentiated according to tiers:
These sex offenders are considered high-risk and are required to confirm their address and place of work or school every 90 days. Their risk assessment level is a lifetime registration.
These sex offenders are considered moderate risks and are required to confirm their address and place of work or school semi-annually. The risk Assessment level for Tier II is for 25 years following the Sex Offenders release from Level V or for 25 years following the effective date of any sentence to be served at level IV (Probation) or below.
These sex offenders are considered low-risk and are required to confirm their address and place of work or school yearly. Their risk assessment level is a 15-year registration after they are released from Level V (Prison) or 15 years following the effective date of any sentence to be served at level IV (Probation) or below.
No matter which tier they fall into, all sex offenders on the registry in Delaware need to update the registry every time they change schools, their place of work or their residence. The update must take place within three days after the change is made. To confirm the information on their registration, offenders need to apply in person at the appropriate offices in New Castle County or Sussex County.
Delaware sex offender registry
Any person convicted of the defined sex offenses in 11 Del Code § 4121(a)(4) must register with the Delaware State Bureau of Identification (SBI).
- All the registration for sex offenders is handled by SBI. It is mandatory for sex offenders to register within seven days of their conviction.
- All the offenders who are convicted of sexual offenses that are specified under Delaware Law, the laws of another state, the United States, U.S. Territories, the U.S. Military, or convicted in foreign countries are required to register.
- Persons who have been arrested but not convicted are not required to register.
- Any resident of Delaware who is convicted of a sex crime in another state must still register in Delaware.
- Offenders must change their address with SBI within seven days of an address change of their residence, employer or school they attend.
Delaware Sex offenders rights
The sex offender is convicted of committing a sex crime, but they are still protected under the laws of the State of Delaware as well as certain civil rights protections that are outlined in the United States Constitution.
- The criminal offenses that committed against a registered sex offender will be investigated, and the perpetrators will be subjected to prosecution.
- The public and citizens should not be involved in harassing or threatening sex offenders, nor should they engage in activities that could violate the offender’s civil rights.
- If sex offenders are homeless, they are required to verify their location in-person at these offices on a specific timetable.
Failure to comply with registry
Failure or violation of the registration requirements can lead to additional jail time. Violations of the registry can be classified as a misdemeanor or felony and can affect the offender’s future sentencing if the person is convicted of another crime. Failure to comply with any section of the Sex Offender registry provisions is a Class G Felony. Anyone registered on the Delaware sex offender registry needs to ensure that they do not violate the terms of the registry even in a minor way. Doing so can mean that more penalties as well as further restrictions to their freedom.