State Guide
Age of Consent in Delaware
A plain-English guide to the age of consent in Delaware, cited to Title 11 §§ 770 and 762. Delaware combines an offender-age threshold with a genuine affirmative defense.
Two layers: age-30 threshold, and a 4-year defenseDelaware at a glance
The core figures from this guide, in one place.
| Age of consent | 18 |
|---|---|
| Governing statute | 11 Del. C. § 770 (Rape, Fourth Degree) |
| Offender-age threshold, 16–17 | Not covered unless offender is 30 or older |
| Affirmative defense, 12–15 | Offender no more than 4 years older, victim consented knowingly |
| Related statute | 11 Del. C. § 762(d) — the affirmative defense provision |
Overview
Delaware’s age of consent is commonly described as 18, but the law works in layers. A 16 or 17 year old can consent to a partner under 30; rape in the fourth degree only reaches that combination where the older person is 30 or older.
Below 16, intercourse is illegal on its face, but Delaware provides a genuine affirmative defense: where the younger person is at least 12 and the older person is no more than four years older, it can be raised as a defense that the younger person knowingly consented. This is different from a full exemption, since it still requires raising and proving the defense in court.
Age of consent in Delaware
11 Del. C. Section 770(a)(1) makes it rape in the fourth degree, a class C felony, to intentionally engage in sexual intercourse with someone who has not reached their sixteenth birthday. Section 770(a)(2) separately covers a victim under 18 where the offender is 30 or older, unless the two are married.
Close-in-age rules in Delaware
Two separate mechanisms operate at two different age bands:
- For a 16 or 17 year old: Section 770(a)(2) does not reach a partner under 30 at all. This is an offender-age threshold, not a numeric age gap.
- For a 12 through 15 year old: Section 762(d) provides an affirmative defense where the offender is no more than four years older and the younger person knowingly consented.
- Under 12: no defense of any kind applies.
Exceptions and defenses
Marriage between the two people is a stated exclusion from Section 770(a)(2). This guide did not find a reliable official source describing a mistake-of-age defense separate from the knowing-consent defense in Section 762(d).
Applicable statutes
The codified Delaware law this guide is drawn from.
Practical examples
Example 1. A 17-year-old and a 25-year-old. Because the older person is under 30, Section 770(a)(2) does not reach this conduct at all.
Example 2. A 14-year-old and a 17-year-old, a three-year gap, with the younger person’s knowing consent. The affirmative defense under Section 762(d) could apply, since the gap is under four years and the younger person is at least 12.
Example 3. An 11-year-old and a 15-year-old, a four-year gap. Because the younger person is under 12, the affirmative defense is unavailable regardless of the gap.
Frequently asked questions about Delaware
What is the age of consent in Delaware?
18 as a general matter, but a 16 or 17 year old can consent to a partner under 30 without the main statute reaching that conduct at all.
Does Delaware have a Romeo and Juliet law?
Yes, in a specific form. For a victim 12 through 15, a genuine affirmative defense exists if the offender is no more than four years older and the victim knowingly consented.
Is that the same as the 16-17 rule?
No. The 16-17 rule is an offender-age threshold built into the statute itself. The 12-15 rule is a true affirmative defense that has to be raised and proven in court after a charge.
Does this defense apply to a victim under 12?
No. The affirmative defense is unavailable regardless of the age gap if the victim is younger than 12.
Are married couples treated differently?
Yes. Marriage between the two people is a stated exclusion from the 30-and-older provision in Section 770(a)(2).
Official sources
Primary and official sources this guide is built from.
Two mechanisms, two age bands
Delaware’s protection changes shape depending on the victim’s age.
| Victim age | Mechanism | Threshold |
|---|---|---|
| 16–17 | Offender-age threshold | Offender under 30 |
| 12–15 | Affirmative defense | Offender no more than 4 years older |
| Under 12 | No defense | Not applicable |
About this guide
Who wrote it, who reviewed it, and when it was last checked.
RomeoAndJulietLaw.com Editorial Team
Drafted from the Delaware Code, cross-checked against multiple independent legal references and RAINN’s official policy database.
Pending attorney review
This guide has not yet been checked by a licensed Delaware attorney. It is sourced and cited, but should not be treated as attorney-reviewed until this line is updated with a named reviewer.
Primary source for this guide
Editorial notes
This guide reflects the Delaware Code as of 25 July 2026. It has not yet been reviewed by a licensed Delaware attorney; treat it as sourced and current-as-drafted, not as attorney-verified, until the reviewer field above is updated.