Delaware sex offender laws are among the stricter in the US, and Diamond State is among the states with the most registered sex offenders per 100,000 residents. Sex offenders in Delaware have little to no chance of getting off the registry and must respect a number of laws and restrictions. This article explains all of the responsibilities those with sex offender status have in Delaware.
*This article is for informational purposes only and is not meant to serve as legal advice. Please consult an attorney if you need to obtain legal advice.
Delaware Sex Offender Registration Laws
Sex offender statistics indicate there are 4,253 registered sexual offenders in Delaware as of 2023. The sex offender laws in Delaware require adults and juveniles convicted of sex crimes defined under 11 Del Code § 4121(a)(4) to register on the sex offenders list.
Delaware sex offenders are categorized into three tiers based on a risk assessment by the Delaware Attorney General’s office or by the sentencing court. The registration requirements for each tier are as follows:
- Tier 1 offenders are considered low-risk, and they are obligated to report their address, employment, and school details yearly for at least 15 years unless relieved from the obligation to register.
- Tier 2 offenders are perceived as moderate risk and must confirm their address, workplace, and school twice a year for a minimum of 25 years unless relieved from the obligation to register. They can apply for redesignation to tier 1 sex offender in Delaware after 10 years on the registry.
- Tier 3 offenders are considered high-risk and are required to report their address, employment, and school every 90 days for life. After 25 years on the Delaware sex offender registry list, some tier 3 offenders can petition the Superior Court for redesignation of the risk assessment level to Delaware sex offender tier 2.
Other registration requirements that sex offenders in Delaware must respect include:
- Reporting any change in address, workplace, or school within three days by showing up in person at the registration offices.
- Homeless sex offenders must verify their location with an in-person application at the registration offices every 90 days for tier 1 offenders, every 30 days for tier 2 offenders, and every seven days for tier 3 offenders.
- Offenders must pay the annual administrative fee of $30 by January 31st of each year payable.
Sex offenders need to report the following information upon registration:
- Legal names and aliases
- Gender
- Age
- Race
- Physical description, including any specific marks like tattoos and scars
- Social security number
- Email addresses and internet identifiers
- Address of residence, workplace, and school
- Home and cellular phone numbers
- Any work or business licenses
- Offense history
- Vehicle registration information and description of all vehicles owned or operated by the offender
- Copy of passport
- DNA sample and fingerprints
Delaware allows the public to access records about tier 2 and 3 sex offenders. Almost all information received upon the initial registration is made public except personal information like SSN, for example. The records are searchable by name and geographic area through the Delaware sex offender registry map. The public can also request information about sex offenders from police agencies and public libraries. Delaware also has laws protecting sex offenders from harassment, meaning that the information on the sex offender registry DE cannot be used for harassing and causing harm to offenders.
Removal from the Delaware Sex Offender Registry
Tier 1 and some of the tier 2 sex offenders can petition the court for removal from the Delaware sex offender list after completing the minimum registration period. Tier 2 and tier 3 sex offenders who have committed sex crimes against victims younger than 12 years, unless they were younger than 18 when they committed the crime, are not allowed to receive relief from registration requirements. Any Delaware registered sex offender seeking to get removed from the sex offender registry in Delaware should file a petition with the sentencing court. The petition will be granted or denied based on the available evidence and other circumstances, determined on a case-by-case basis.
Delaware Sex Offender Notification Laws
As one of the states with the most sex offenders per 100,000 residents (418 to be more precise), Delaware has a system in place to notify communities that are likely to encounter the sex offender, the general public, schools, daycare facilities, public libraries, and other organizations and individuals if necessary. Victims are also notified of the release unless they have requested not to be notified. The chief law-enforcement officer of the local jurisdiction where the sex offender in Delaware plans to reside, or the Superintendent of the State Police, if no local police agency exists, is in charge of notifying the public in the following fashion:
- For tier 2 sex offenders, the notification consists of searchable records and may include different forms of community notification
- For tier 3 sex offenders, the notification involves searchable public records and mandatory community notification.
Methods of community notification may include email or regular mail, telephone, fax, newspaper notices, in-person notification, or a combination. The community notification in Delaware also includes an alert system attached to the Delaware State Police Sex Offender Registry website that allows members of the general public, government agencies, and other public officials to register for updates by geographical region that notifies them whenever an offender is added, removed, or has any change in status. Community notification includes all records available through the sex offenders registry in Delaware. Alternatively, members of the general public can perform background checks on any individuals they find suspicious to learn whether they have a criminal history, where they reside, etc., through people search websites.
Pedophile statistics show there are 73 underage victims per every 100,000 residents younger than 18 in Delaware. The protect this vulnerable category, the state provides notification to the schools where tier 2 and 3 offenders intend to attend and the chief law-enforcement officer of the jurisdiction where the offender intends to study or work. When a school or a childcare facility receives community notification, they are not allowed to physically post the notification in their public areas. The notification must be kept in a binder in the administrative office and stay there until they receive notification that the offender has moved out of the community. The school or childcare facility should inform parents, staff, and anyone relevant of the availability of the community notification so they can ask to see it. Adults and juveniles with adult supervision can see it upon request.
Delaware Sex Offender Residency Restrictions
According to Delaware state sex offender laws, offenders are not allowed to establish residence within 2,500 feet of schools, parks, and child care facilities. This rule doesn’t apply only in cases when offenders have established residences before a school, park, or childcare facility is built. Any changes of address must be reported in person within three days from occurring.
The restriction regarding distance to certain institutions doesn’t make it easier for sex offenders to find stable housing in other areas. Although there aren’t official Delaware landlord sex offender laws, landlords in safer, low-in-crime neighborhoods perform tenant screening and typically discard candidates with red flags on their reports.
Delaware Sex Offender Work Restrictions
Delaware doesn’t have specific work restrictions for sex offenders in place, but that doesn’t mean those on the registry can work in any field. Employers in highly-regulated industries conduct employment background checks to ensure safety for their customers and employees.
While employers from any industry may have criminal background screening programs in place, those operating in industries like Food Service, Construction, Automotive, Trucking, and Manufacturing often give offenders a chance despite their criminal history.
Sex offender Travel Restrictions
Sex offenders in Delaware don’t face interstate travel restrictions. If they stay for a period of time that classifies them as temporary residents, they must register as sex offenders and respect the rules of the states they are visiting. Those who become temporary residents in Delaware should follow the Delaware laws for a visiting sex offender, meaning to register as sex offenders within three business days of establishing a residence in the state. Any sex offender visiting Delaware should report to the local law enforcement agency within three days from entering the state.
Can sex offenders get a passport? Delaware sex offender laws fully implement SORNA, meaning offenders are allowed to travel internationally, but they must notify the residence jurisdiction of their travel plans at least 21 days before the departure date. Delaware sex offenders who want to move to another country for work, school, or simply life in another place, their residence jurisdiction must notify the jurisdiction where the offender intends to move, notify the United States Marshals Service, and update the NCIC/NSOR.
Failure to Register Penalties
For Failure to register on the sex offender registry, Delaware punishes offenders with a class G felony. Incarceration statistics show that many sex offenders fail to comply with the complex registry requirements, leading to repeated imprisonment.
Delaware Sex Offender Laws FAQs
How do you get off the sex offender registry in Delaware?
If you’re wondering how to get off the sex offender registry in Delaware, Tier 1 and some tier 2 in Delaware are eligible to apply for removal after completing the mandatory registration period of 15 and 25 years. Offenders who have committed crimes against victims younger than 12 years when they were over 18 years old at the time of the crime are not eligible for removal. Eligible offenders can seek relief by petitioning the court for removal. Multiple factors are considered regarding whether they will get approved for removal or not.
What is a tier 3 sex offender in Delaware?
Tier 3 offender in Delaware is any individual considered high-risk after a risk assessment. It’s the highest of the Delaware sex offender tiers that’s reserved for the most severe cases. Those who have committed the following crimes are assigned a tier 3 offender level:
- Rape in the first, second, and third degree
- Kidnapping in the first or second degree involving minors younger than 18 years for sexual purposes
- Federal offenses under 18 U.S.C. §’2241, §’2242, §’2244, or comparable military offenses specified by the Secretary of Defense under §’115(a)(8)(C)(i) of Public Law 105-119 (10 U.S.C. §’951 note)
- Any attempt to commit the above-mentioned crimes
- Other more severe crimes.
Where do sex offenders register in Delaware?
Delaware sex offender laws require sex offenders in the state to report to the Delaware State Bureau of Identification (SBI).
