Delaware’s legal framework establishes clear boundaries for activities connected to commercial sexual services. The state’s laws address the operations of certain businesses and the conduct of individuals. Navigating these regulations requires an understanding of the specific statutes that govern these actions.
Legal Status of Escort Services in Delaware
In Delaware, the legality of operating or working for an escort service hinges on the nature of the services provided. A business that offers companionship or social accompaniment for a fee, without any component of commercial sexual activity, can operate within the bounds of the law. These legitimate enterprises are treated like any other service business in the state, subject to standard business licensing and regulations. The legal line is crossed the moment a service facilitates or involves an agreement for sexual conduct in exchange for payment.
An escort agency becomes illegal when it functions as a conduit for prostitution. This can occur if the agency knowingly arranges for or profits from agreements where sexual acts are part of the compensated service. Law enforcement and courts will look beyond the “escort” label to the substance of the transactions to determine if the business model is a pretense for illegal activities.
Delaware law does not have statutes that specifically single out “escort agencies” for unique regulation; their activities fall under the statutes governing prostitution. If an agency’s operations involve causing or aiding a person to engage in prostitution, it is considered “advancing prostitution.” The legality of the business model depends on its strict separation from any commercial sexual exchange.
Delaware Laws on Prostitution
Delaware law defines prostitution and addresses both the person offering the service and the client. Under Title 11, Section 1342 of the Delaware Code, a person is guilty of prostitution if they engage in, agree to, or offer to engage in sexual conduct with another person for a fee. This definition covers the agreement or offer, meaning an arrest can be made before any sexual contact occurs. “Sexual conduct” is defined as any act intended to produce sexual gratification for either party.
The law also targets the customer through a separate offense. Under Title 11, Section 1343, “Patronizing a prostitute,” it is illegal to pay, agree to pay, or solicit someone to engage in sexual conduct for a fee.1Justia Law. 11 Delaware Code § 1343 (2024) – Patronizing a Prostitute Prohibited. The law is structured to hold both the buyer and the seller legally accountable.
The law makes no distinction in the definition based on the location of the act or the gender of the individuals involved. Minors involved in prostitution are presumed to be victims of neglect or abuse, which shifts the legal focus to their protection.
Consequences for Violating Prostitution Laws
Prostitution is classified as a class B misdemeanor. However, the consequences can become more severe depending on the circumstances. If the act of prostitution occurs within 1,000 feet of a school, residence, or place of worship, the charge is elevated to a class A misdemeanor, which carries a mandatory minimum fine of $500 that cannot be suspended.2Justia Law. 11 Delaware Code § 1342 (2024) – Prostitution; Class B Misdemeanor.
The standard offense for patronizing a prostitute is a misdemeanor with a mandatory, non-suspendable fine of at least $500. The penalty increases if the offense takes place within 1,000 feet of a school, residence, or church, becoming a class A misdemeanor with a minimum $1,000 fine. A second conviction for patronizing can lead to the seizure of the vehicle used during the offense.
The law treats cases involving minors with more gravity. Patronizing a prostitute who is a minor is a class E felony, regardless of whether the defendant knew the person’s age.
Offenses Related to Facilitating Prostitution
Delaware law also criminalizes activities that enable or profit from prostitution, which are categorized as “promoting prostitution” and graded by severity. Promoting prostitution in the third degree, a class F felony, occurs when a person knowingly advances or profits from prostitution. This can include actions like procuring patrons or providing a location for prostitution.
The law establishes more serious offenses for greater levels of involvement or exploitation. Promoting prostitution in the second degree, a class E felony, applies to managing or supervising a prostitution business involving two or more prostitutes, or to knowingly advancing or profiting from the prostitution of a person under the age of 18.3Justia Law. 11 Delaware Code § 1352 (2024) – Promoting Prostitution in the Second Degree; Class E Felony. The most severe charge, promoting prostitution in the first degree, is a class C felony. This charge is applied when an individual compels another person into prostitution or knowingly advances or profits from the prostitution of a person under 16 years old.4Justia Law. 11 Delaware Code § 1353 (2024) – Promoting Prostitution in the First Degree; Class C Felony.
Additionally, the Delaware Code includes an offense for property owners who knowingly allow prostitution to occur on their premises. Under Section 1355, a person who has control of a property and fails to stop its use for prostitution can be charged with permitting prostitution, a class B misdemeanor.5Justia Law. 11 Delaware Code § 1355 (2024) – Permitting Prostitution; Class B Misdemeanor.