Del. P.J.I. Crim. No. 11.776(a)

CONTINUOUS SEXUAL ABUSE OF A CHILD

In order to find Defendant guilty of Continuous Sexual Abuse of a Child,

you must find the State has proved the following five (5) elements beyond a

reasonable doubt:

(1) Defendant resided in the same home as the child or had recurring access

to the child;

(2) Defendant engaged in 3 or more sexual acts of sexual conduct with the

child;

(3) The child was less than 18 years of age at the time of the sexual acts;

(4) The sexual acts occurred over a period of time greater than 3 months;

and

(5) Defendant acted intentionally.

It is no defense to the charge of Continuous Sexual Abuse of a Child that

Defendant did not know the child’s age at the time of the crime or reasonably

believed the child had reached their eighteenth (18) birthday or was not younger

than eighteen (18) at the time of the crime.

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

engage in the identified sexual acts with the child.

“Sexual conduct” under this section is: unlawful sexual conduct in the first

or second degree; rape in the first, second, third or fourth degree; unlawful sexual

conduct against a child by a sex offender; sexual abuse of a child by a person in a

position of trust, authority or supervision in the first or second degree; or sexual

exploitation of a child.