Del. P.J.I. Crim. No. 11.1112A(a)(3)

SEXUAL SOLICITATION OF A CHILD

In order to find Defendant guilty of Sexual Solicitation of a Child, you must

find the State has proved the following three (3) elements beyond a reasonable doubt:

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

disseminated/ stored/ made/ printed/ reproduced/ otherwise possessed by any means

including computer] any [notice/statement/document/advertisement/file/data]

containing the [name/telephone number/ address/e-mail address/school

address/location/physical attributes/other (descriptive/identifying information)]

pertaining to a child not yet 16 years of age at the time of the charged offense for the

purpose of [facilitating/ encouraging/ offering/ soliciting] a prohibited sexual act

involving child and Defendant or another person; and

(2) Defendant was 18 years of age or older at the time of the charged offense;

and

(3) Defendant acted [intentionally/knowingly].

It is no defense that, at the time of the charged offense, Defendant did not know

the child’s age or reasonably believed the child had reached [his/her] sixteenth

birthday.

[if applicable]

[Conduct occurring outside the State shall be sufficient to constitute this

offense if either the conduct or the result which is an element of the charged offense

occurs in Delaware, or if the child was within the State at the time of the prohibited

conduct and Defendant was aware of circumstances which rendered the presence of

such child within Delaware a reasonable possibility.]

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

facilitate, encourage, offer or solicit a prohibited sexual act involving Defendant or

another person and a child.

“Knowingly” means Defendant knew or was aware Defendant’s actions

facilitated, encouraged, offered, or solicited a prohibited sexual act involving

Defendant or another person and a child.

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

[For the purposes of § 1112A 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.