Delaware Code Title 11 Sec. 766 – Incest; class A misdemeanor
(a) A person is guilty of incest if the person engages in sexual intercourse with another person with whom the person has 1 of the following relationships:
Attorney's Note
Under the Delaware Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A misdemeanor | up to 1 year | up to $2,300 |
Terms Used In Delaware Code Title 11 Sec. 766
- Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
A male and his child.
A male and his parent.
A male and his brother.
A male and his sister.
A male and his grandchild.
A male and his niece or nephew.
A male and his father’s sister or brother.
A male and his mother’s sister or brother.
A male and his father’s wife.
A male and his wife’s child.
A male and the child of his wife’s son or daughter.
A female and her parent.
A female and her child.
A female and her brother.
A female and her sister.
A female and her grandchild.
A female and her niece or nephew.
A female and her father’s sister or brother.
A female and her mother’s sister or brother.
A female and her mother’s husband.
A female and her husband’s child.
A female and the child of her husband’s son or daughter.
(b) The relationships referred to herein include blood relationships without regard to legitimacy and relationships by adoption.
Incest is a class A misdemeanor and is an offense within the original jurisdiction of the Family Court.
11 Del. C. 1953, § ?771; 58 Del. Laws, c. 497, § ?1; 65 Del. Laws, c. 494, § ?1; 67 Del. Laws, c. 130, § ?8; 70 Del. Laws, c. 186, § ?1;