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The Age of Consent

11 Del. C. § 770 — sixteen, and eighteen when the older person is 30 or older

The younger personThe older personThe charge
The younger personBefore the sixteenth birthdayThe older personAnyoneThe chargeRape in the fourth degree, a class C felony
The younger personBefore the eighteenth birthdayThe older person30 years of age or older, unless the two are marriedThe chargeRape in the fourth degree, a class C felony
  • 11 Del. C. § 770
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Who handles this in Delaware: legal aid programs and the state offices, listed in the Delaware directory.

Higher degrees of rape, the rules on mistake as to age, and registration are in other sections not covered here. A charge, or the worry of one, is a question for a licensed Delaware attorney.

  • 11 Del. C. § 770
Sources for this section (1)
  1. 11 Del. C. § 770 — Rape in the fourth degree; class C felony

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Delaware attorney.

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