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Delaware State Police
State Bureau of Identification
Sex Offender Central Registry

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Risk Level/Assessment Definitions

High Risk (Tier 3): Any sex offender convicted or adjudicated delinquent of any of the following offenses shall be designated by the court to Risk Assessment Tier III (High Risk): 

a. Rape in the First Degree, Rape in the Second Degree, Unlawful Sexual Contact in the First Degree, Unlawful Sexual Intercourse in the First or Second Degree, Unlawful Sexual Penetration in the First or Second Degree, Unlawful Sexual Contact in the First Degree, Continuous Sexual Abuse of a Child, Sexual Exploitation of a Child; or

b. Kidnapping in the First or Second Degree, if the purpose of the crime was to facilitate the commission of any offense set forth in subsection (a)(4) of this section, where the defendant is not a parent, step parent or guardian of the victim; or

c. any attempt to commit any of the offenses set forth in subparagraph a. of this paragraph; or

d. any offense specified in the laws of another State, the United States or any territory of the United States which is the same as, or equivalent to, any offense set forth in subparagraphs a. through c. of this paragraph; or

e. upon motion of the State, any person convicted of any felony set forth in §§ 761 through 779 or § 1108 through 1111 of this Title which is not otherwise set forth in subparagraphs a. through c. of this paragraph, if the victim of the offense had not yet reached his or her fourteenth birthday at the time of the crime, and if the sentencing court determines by a preponderance of the evidence, after it weighs all relevant evidence which bears upon the particular facts and circumstances of the offense and the character and propensities of the offender, that public safety will be enhanced by assigning the offender to Risk Assessment Tier III.


Moderate Risk (Tier 2): Any sex offender convicted or adjudicated delinquent of any of the following offenses shall be designated by the court to Risk Assessment Tier II (Medium Risk):

a. Rape in the Third Degree, Rape in the Fourth Degree, Unlawful Sexual Contact in the Second Degree, Unlawful Sexual Intercourse in the Third Degree, Unlawful Sexual Penetration in the Third Degree, Sexual Extortion, Bestiality, Dangerous Crime Against a Child, Unlawfully Dealing in Material Depicting a Child Engaging in Prohibited Sexual Act; or

b. any attempt to commit any of the offenses set forth in subparagraph a. of this paragraph; or

c. any offense specified in the laws of another State, the United States or any territory of the United States which is the same as, or equivalent to, any of the offenses set forth in subparagraphs a. and b. of this paragraph; or

d. upon motion of the State, any person convicted of any offense set forth in §761 through 767 or 1108 through 1111 or 1321(5) or 1352(2) or 1353(2) of this Title which is not otherwise specified in this paragraph, or in paragraph (1) of this subsection, if the sentencing court determines by a preponderance of the evidence after it weighs all relevant evidence which bears upon the particular facts and circumstances or details of the commission of the offense and the character and propensities of the offender, that public safety will be enhanced by assigning the offender to Risk Assessment Tier II


Low Risk (Tier 1): Any sex offender not otherwise designated to Risk Assessment Tier II or III in accord with paragraphs (e)(1) and (2) of this section shall be designated by the court to Risk Assessment Tier I (Low Risk).