DEL. CODE tit. 11, § 787 (h)(2023).
- A minor who has engaged in commercial sexual activity is presumed to be a neglected or abused child under DEL.CODE. Tit. 10 § 901 et seq.
- Whenever a police officer has probable cause to believe that a minor has engaged in commercial sexual activity, the police officer shall make an immediate report to the Department of Services for Children, Youth and Their Families.
- A party to a juvenile delinquency proceeding in which a minor is charged with prostitution or loitering, or an attorney guardian ad litem or court appointed special advocate appointed in a proceeding under DEL. CODE. tit. 10 § 901 et seq., may file a motion on behalf of a minor in a juvenile delinquency proceeding seeking to stay the juvenile delinquency proceedings.
- So long as the minor substantially complies with the requirement of services identified by the Department of Services for Children, Youth and Their Families and/or ordered by the Family Court, the Attorney General shall, upon motion, nolle prosequi the stayed charges no earlier than 1 year after the stay was imposed.
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DEL. CODE tit. 11, § 787(j)(1)-(2) (2023).
- A person convicted of prostitution, loitering, or obscenity as a direct result of being a victim of human trafficking, may file a petition for vacatur and expungement with the court in which the conviction was obtained.
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- Prostitution is classified as a Class B misdemeanor. The statute specifies that this applies to individuals aged 18 or older, implicitly excluding minors from prosecution under this section.