Lewdness charges in Delaware can have serious consequences, including lasting effects on an individual’s reputation and future. Understanding Delaware’s laws on lewd conduct is important for anyone facing such allegations or seeking information.
Prohibited Acts
Under Delaware law, specifically Title 11, Section 763 of the Delaware Code, lewdness is defined as intentionally exposing one’s genitals when the person knows their conduct is likely to cause affront or alarm. The term genitals refers to external reproductive organs.
The act must be deliberate, with an awareness that it will likely offend or frighten others. The law focuses on the intentional exposure and the likely reaction it will cause. It’s not necessary for someone to actually be alarmed or affronted; the key is that the person exposing themselves knew their actions were likely to cause such a reaction. This means the assessment centers on the actor’s state of mind and the objective likelihood of their actions causing offense, rather than the subjective reaction of any particular observer.
Criminal Classification
Lewdness in Delaware is an unclassified misdemeanor. This means it’s a criminal offense but isn’t assigned to a specific class like Class A or Class B, which have predefined sentencing ranges. The penalties for unclassified misdemeanors are detailed in other state statutes.
Penalties
A conviction for lewdness in Delaware, as an unclassified misdemeanor, carries specific penalties outlined in Title 11, Section 4206 of the Delaware Code.1Justia Law. 11 Delaware Code § 4206 (2024) – Sentence for Misdemeanors. This can include up to 30 days of incarceration (Level V confinement) if the lewdness statute doesn’t specify otherwise.
A fine of up to $575 can also be imposed. Courts may also order restitution, mandatory counseling, or no-contact orders.
Penalties for unclassified misdemeanors like lewdness are less severe than for classified misdemeanors or felonies. For context, a Class A misdemeanor can result in up to one year of incarceration and a $2,300 fine, while a Class B misdemeanor can lead to six months of incarceration and a $1,150 fine.
When deciding on a sentence, courts consider the defendant’s prior criminal record and the specifics of the offense. While the lewdness statute itself does not detail enhancements for repeat offenders, other Delaware laws may allow for increased penalties in certain contexts.
Sex Offender Registration
A conviction for lewdness in Delaware does not automatically require registration as a sex offender. Title 11, Section 4121 of the Delaware Code, which lists offenses requiring registration, does not include lewdness as an unclassified misdemeanor.
However, registration might be required in specific situations, particularly if the lewdness charge is connected to other offenses or if there’s a relevant prior criminal history. It’s important to note that other offenses, such as certain degrees of Indecent Exposure, do have registration requirements.
Delaware’s sex offender registration system, influenced by the federal Sex Offender Registration and Notification Act (SORNA), categorizes offenders into tiers, which determine the length of registration.2U.S. Department of Justice. Sex Offender Registration and Notification Act (SORNA) While a standalone lewdness conviction itself doesn’t place someone in these tiers, an individual’s overall criminal record is always a factor. Additionally, some administrative regulations, for example those for professional licensing, might consider a lewdness conviction (potentially under a broader category like moral turpitude, referencing Delaware Code Title 11, Section 1341) in ways that could impact licensure.3Justia Law. 11 Delaware Code § 1341 (2021) – Lewdness; Class B Misdemeanor.
Court Process
Lewdness cases in Delaware usually start in the Justice of the Peace Court or the Court of Common Pleas. The Justice of the Peace Court handles certain misdemeanors and can issue warrants and set bail, while the Court of Common Pleas has jurisdiction over most misdemeanors.4Delaware State Courts. Court of Common Pleas Jurisdiction The process begins with a formal accusation, such as a complaint or an information.
The first major court appearance is the arraignment. At this stage, the defendant is informed of the charges, advised of their rights (including the right to a trial), and enters a plea (guilty, not guilty, or nolo contendere/no contest).
A ‘not guilty’ plea leads to trial scheduling and possible pre-trial activities like motions or plea bargaining. In the Court of Common Pleas, the defendant can choose a bench trial (judge only) or a jury trial. Trials in the Justice of the Peace Court are decided by a judge.
During the trial, the prosecution must prove guilt beyond a reasonable doubt. A conviction in the Justice of the Peace Court can be appealed to the Court of Common Pleas for a new trial. Appeals from the Court of Common Pleas usually go to the Superior Court.5Delaware State Courts. Appeals From the Court of Common Pleas
Expungement or Pardon
Individuals with a lewdness conviction in Delaware can seek post-conviction relief like expungement or a pardon. Delaware’s expungement laws are found in Title 11, Chapter 43, Subchapter VII of the Delaware Code.6Justia Law. 11 Delaware Code Chapter 43, Subchapter VII (2024) – Expungement of Criminal Records
These laws distinguish between mandatory expungements (for cases like acquittal or dismissal) and discretionary expungements. A lewdness conviction does not qualify for mandatory expungement.
For discretionary expungement, one must petition the court after a waiting period and after fulfilling all sentence terms. According to Delaware Code Section 4374, a person with misdemeanor convictions (and no felonies) can petition for expungement at least five years after conviction or release from incarceration (whichever is later), provided all obligations are met and no subsequent crimes (except minor traffic violations) have occurred.7Justia Law. 11 Delaware Code § 4374 (2024) – Discretionary Expungement; Application to Court. The court considers factors such as:
- The petitioner’s character
- The nature of the offense
- The time that has passed since the offense
- The public interest
A pardon is different from expungement; it’s an act of executive forgiveness by the Governor, based on a recommendation from the Board of Pardons. The Board of Pardons includes the Lieutenant Governor, Chancellor, Secretary of State, and two appointees by the Governor. Governed by the Delaware Constitution and Title 11, Chapter 43, Subchapter VI, a pardon does not erase the conviction but forgives it.8Delaware Code Online. Delaware Constitution – Article VII Pardons This can help restore civil rights and aid in employment or licensing. The process involves a detailed application to the Board of Pardons. A pardon is granted based on rehabilitation, remorse, and community contributions.