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Del. Code tit. 11 § 4205A : CRIMES AND CRIMINAL PROCEDURE — CRIMINAL PROCEDURE GENERALLY — CLASSIFICATION OF OFFENSES; SENTENCES — Additional penalty for serious sex offenders or pedophile offenders
(a) Notwithstanding any provision of this chapter or any other laws to the contrary, the Superior Court, upon the State's application, shall sentence a defendant convicted of any crime set forth in § 771(a)(2), § 772, § 773, § 776, § 777, § 777A, § 778(1) or (2) of this title to not less than 25 years up to life imprisonment to be served at Level V if one of the following apply:
(1) The defendant has previously been convicted or adjudicated delinquent of any sex offense set forth in this title and classified as a class A or B felony, or any similar offense under the laws of another state, the United States or any territory of the United States.
(2) The victim of the instant offense is a child less than 14 years of age.
(b) [Repealed.]
(c) Notwithstanding any provision of this chapter or any other laws to the contrary, the Superior Court, upon the State's application, shall sentence a defendant convicted of any crime set forth in subsection (a) of this section to an additional 5 years to be served at Level V for any sentence imposed under subsection (a) of this section if the victim of the crime set forth in subsection (a) of this section is a child less than 7 years of age.
(d)(1) Notwithstanding any provision of this chapter or any other laws to the contrary, the Superior Court, upon the State's application, shall sentence a defendant convicted of any crime set forth in § 769 or § 783(4) of this title to not less than 5 years to be served at Level V if the victim of the crime is a child less than 7 years of age.
(2) Notwithstanding any provision of this chapter or any other laws to the contrary, the Superior Court, upon the State's application, shall sentence a defendant convicted of a crime set forth in § 783A(4) of this title to not less than 10 years to be served at Level V if the victim of the crime is a child less than 7 years of age.
11 Del. C. § 4205A
Amended by Laws 2017, ch. 297,s 1, eff. 7/1/2018.
Amended by Laws 2015, ch. 349,s 1, eff. 8/3/2016.
Amended by Laws 2015, ch. 26,s 3, eff. 5/28/2015.
75 Del. Laws, c. 438, § 1; 77 Del. Laws, c. 318, § 14.;
