DE · jury_instructions
Del. P.J.I. Crim. No. 11.774(5)
Sexual Extortion
SEXUAL EXTORTION
In order to find Defendant guilty of Sexual Extortion, you must find the
State has proved the following three (3) elements beyond a reasonable doubt:
(1) Defendant induced or compelled a person to engage in an act of sexual
contact, sexual penetration, or sexual intercourse;
(2) Defendant instilled in the person a fear Defendant would expose a
secret or publicize an asserted fact, whether true or false, intending to subject
anyone to hatred, contempt or ridicule, if the sexual act was not performed; and
(3) Defendant acted intentionally.
“Intentionally” means it was Defendant’s conscious objective or purpose to
induce or compel a person to engage in an act of sexual contact, sexual
penetration, or sexual intercourse.
"Sexual contact" means Defendant intentionally touched the person’s anus,
breast, buttocks or genitalia, or Defendant intentionally touched the person with
Defendant’s anus, breast, buttocks or genitalia, and a reasonable person, under the
circumstances, would find the touching was intended to be sexual in nature.
“Sexual contact” includes touching through clothing. Sexual gratification is not
required.
“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. Within the
meaning of this offense, “sexual intercourse” encompasses the crimes commonly
known as rape and sodomy the term “sexual intercourse” also includes any act of
cunnilingus or fellatio, regardless of whether penetration or ejaculation occurs.
“Cunnilingus” means any oral contact with the female genitalia.
“Fellatio” means any oral contact with the male genitalia.
“Sexual penetration” means: (1) Defendant’s placement of any object inside
the person’s anus or vagina; or (2) Defendant’s placement of Defendant’s
genitalia or any sexual device inside the person’s mouth.
Provenance
- Source
- courts.delaware.gov
- Retrieved
- 2026-09-23
- Edition
- crim-2022-03-14
- Content hash
56b3fd998831c77306b23f23219363e1afef7c1838584a9c75535b2c2e24a8ca
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