Del. P.J.I. Crim. No. 11.1109(4)

DEALING IN CHILD PORNOGRAPHY

In order to find Defendant guilty of Dealing in Child Pornography, you must

find the State has proved the following two (2) elements beyond a reasonable doubt:

(1) Defendant [compiled/ entered/ accessed/ transmitted/ received/ exchanged/

disseminated/ stored/ made/ printed/ reproduced/ otherwise possessed] any

[photograph/image/file/data/other visual depiction] of a child engaged in a

[prohibited sexual act/simulation of prohibited sexual act]; and

(2) Defendant acted intentionally.

[if appropriate]

[Conduct outside this State shall be sufficient to constitute this offense if such

conduct is within the terms of 11 Del.C. § 204 or if such (photograph/ image/ file/

data/ other visual depiction) was (compiled/ entered/ accessed/ transmitted/ received/

exchanged/ disseminated/ stored/ made/ printed/ reproduced/ otherwise processed)

(by/through/with) any computer located within Delaware and Defendant was aware

of circumstances which rendered the presence of such computer within Delaware a

reasonable possibility.]

[Territorial applicability means a person may be convicted under the law of this

State of an offense committed by the person's own conduct or by the conduct of

another for which the person is legally accountable if the offense is based on a statute

of Delaware which expressly prohibits conduct outside the State, when the conduct

bears a reasonable relation to a legitimate interest of this State and the defendant

knows or should know that the defendant's conduct is likely to affect that interest.]

“Intentionally” means it was Defendant’s conscious objective or purpose to

compile, enter, access, exchange, disseminate, store, make, print, reproduce,

otherwise possess a photograph, image, file, data, other visual depiction of a child

engaged in a prohibited sexual act or simulation of a prohibited sexual act.

“Child” means any individual under the age of 18.

[For the purposes of § 1109 of this Title, “child” shall also mean any individual

intended by Defendant to appear to be 14 years of age or less.]

“Prohibited sexual act" includes: sexual intercourse; anal intercourse;

masturbation; bestiality; sadism; masochism; fellatio; cunnilingus; nudity, if such

nudity is depicted to sexually stimulate or gratify any individual who may view the

depiction; sexual contact; lascivious exhibition of any child’s genitals or pubic area;

or any other act which is intended to be a depiction or simulation of any of the above.