§ 1112 — Sexual offenders; prohibitions from school zones

(a) Any person who is a sexual offender and who:

(1) Resides on or within 500 feet of the property of any school shall be guilty of a class G felony.

(2) Loiters on or within 500 feet of the property of any school shall be guilty of a class F felony.

(b) For purposes of this section, the following definitions shall apply:

(1) “Loiter” means:

a. Standing, sitting idly, whether or not the person is in a vehicle, or remaining in or around school property, while not having reason or relationship involving custody of or responsibility for a pupil or any other specific or legitimate reason for being there; or

b. Standing, sitting idly, whether or not the person is in a vehicle, or remaining in or around school property, for the purpose of engaging or soliciting another person to engage in sexual intercourse, sexual penetration, sexual contact, or sexual harassment, sexual extortion, or indecent exposure.

(2) “Reside” means to dwell permanently or continuously or to occupy a dwelling or home as one’s permanent or temporary place of abode.

(3) “School” means any preschool, kindergarten, elementary school, secondary school, vocational technical school or any other institution which has as its primary purpose the education or instruction of children under 16 years of age.

(4) “Sex offender” means as defined in § 4121 of this title.

(c) It shall not be a defense to a prosecution for a violation of this section that the person was unaware that the prohibited conduct took place on or within 500 feet of any school property.

Legislative History

70 Del. Laws, c. 279, § 1 ; 70 Del. Laws, c. 186, § 1 ; 71 Del. Laws, c. 467, § 8 ; 77 Del. Laws, c. 318, § 10 ; 80 Del. Laws, c. 175, § 7