DE · jury_instructions
Del. P.J.I. Crim. No. 11.766(a)
Incest
INCEST
In order to find Defendant guilty of Incest, you must find the State has
proved the following two (2) elements beyond a reasonable doubt:
(1) Defendant engaged in sexual intercourse with a person; and
(2) The person was Defendant’s [state relationship].
“Incest” encompasses the crimes commonly known as rape and sodomy.
“Sexual intercourse” means any act of physical union of a person’s genitalia
or anus with another person’s mouth, genitalia or anus. Ejaculation is not required.
“Sexual intercourse” occurs upon any penetration, however slight. The term
“sexual intercourse” also includes any act of cunnilingus or fellatio, regardless of
whether penetration or ejaculation occurs. “Sexual intercourse” encompasses the
crimes commonly known as rape and sodomy.
“Cunnilingus” means any oral contact with the female genitalia.
“Fellatio” means any oral contact with the male genitalia.
Provenance
- Source
- courts.delaware.gov
- Retrieved
- 2026-09-23
- Edition
- crim-2022-03-14
- Content hash
e98d926a403b72e8a2d66039aca1ab2ad0cfc3bb31413067a3f117f53639e571
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