Prostitution is illegal throughout Delaware under Title 11 of the state criminal code. Both selling and purchasing sexual services are criminal offenses. Delaware law prohibits solicitation, patronizing, and promoting prostitution, with penalties ranging from fines to imprisonment.

Prostitution charges typically fall under unclassified misdemeanors or felonies depending on circumstances. Solicitation (“offering to engage”) carries penalties equivalent to the act itself. Notably, Delaware amended its laws in 2015 to treat minors in prostitution as trafficking victims rather than criminals. Police operations routinely target prostitution hotspots in Wilmington, Dover, and Route 1 corridor motels through sting operations. Recent enforcement data shows over 200 annual arrests statewide, though actual activity levels are difficult to quantify.

First offenses typically bring misdemeanor charges with up to 6 months jail and $1,150 fines, while repeat convictions can escalate to felonies with multi-year sentences. Delaware uses progressive sentencing that increases penalties for subsequent convictions within 5 years.

How do penalties differ between buyers and sellers?

Delaware law doesn’t distinguish penalties between sex workers and clients – both face identical charges under §1342 and §1343. However, prosecutors often consider circumstances during plea deals. Those with prior convictions face mandatory minimum sentences: 30 days for second offenses, 60 days for third offenses. Promoting prostitution (pimping) is always a felony carrying 2-25 years imprisonment. Convictions also bring collateral consequences like sex offender registration in certain cases, difficulty finding employment, and loss of professional licenses.

Individuals in prostitution face elevated risks of violence, STIs, substance dependency, and psychological trauma regardless of voluntary entry. Delaware’s hidden nature of sex work exacerbates these dangers through lack of healthcare access and fear of reporting.

CDC data indicates sex workers have 10-30 times higher HIV prevalence than general populations. In Delaware, limited outreach programs struggle to provide testing and prevention resources. Physical assault rates exceed 70% according to global studies, with local crisis centers reporting similar patterns. Substance use frequently becomes a coping mechanism – Delaware’s Division of Substance Abuse notes overlap with opioid epidemics in Sussex County. Psychological impacts include complex PTSD, depression, and dissociation documented by Delaware mental health providers working with this population.

Federal investigations consistently identify Delaware as a trafficking corridor due to its transportation networks, with prostitution being the primary exploitation outcome. The I-95 corridor facilitates movement between major cities, while coastal resorts provide seasonal demand.

What are warning signs of trafficking situations?

Key indicators include: Minors with older “boyfriends” controlling communication, hotel workers seeing excessive room traffic, tattoos functioning as branding, restricted movement, and lack of personal documents. Delaware’s child trafficking rates exceed national averages according to Child Advocacy Center data. Traffickers frequently use online platforms like illicit massage business listings, escort ads, and social media grooming – with Backpage shutdowns dispersing but not eliminating activity.

How to report suspected trafficking in Delaware?

Call the 24/7 National Human Trafficking Hotline (888-373-7888) or Delaware’s Child Abuse Report Line (800-292-9582). The Delaware State Police Human Trafficking Unit coordinates with FBI task forces on investigations. Anonymous tips can be submitted through the “See Something, Send Something” mobile app. Reports from motel staff, transportation workers, and healthcare providers have led to successful interventions in Newark and Rehoboth Beach operations.

Multiple Delaware organizations provide confidential support including crisis housing, legal advocacy, counseling, and job training without judgment or mandatory police involvement.

What immediate resources are available?

• Contact Delaware: Statewide 24/7 crisis hotline (800-262-9800) offering safety planning and referrals
• Zoe Ministries: New Castle County transitional housing with trauma therapy (302-998-8813)
• First State Abolitionists: Outreach teams distributing hygiene kits and resource cards statewide
• Legal Aid Delaware: Free representation for vacating prostitution convictions (888-408-9514)

Delaware’s “Safe Harbor” laws allow trafficking victims to access services regardless of cooperation with prosecution. The Division of Vocational Rehabilitation provides job training specifically for exit pathways. Notable success cases include Dover’s “Project New Start” which has assisted 87 individuals through peer mentorship programs since 2019.

Delaware maintains stricter penalties than Maryland but more diversion options than Pennsylvania, though all neighboring states criminalize prostitution.

Maryland typically imposes lower fines (under $500 for first offenses) but allows local jurisdictions to establish diversion programs like Baltimore’s “Johns School”. Pennsylvania treats prostitution as a misdemeanor with mandatory STD testing but lacks Delaware’s specialized trafficking courts. New Jersey’s approach most closely mirrors Delaware with progressive sentencing and victim services. None have followed Nevada’s limited legalization model. Unique to Delaware is its interagency Human Trafficking Coordinating Council established in 2018 to improve service coordination between law enforcement and social providers.

Delaware offers court diversion programs, transitional housing, and workforce development specifically designed for those exiting prostitution.

The Superior Court’s RISE Program (Reintegration, Support, and Empowerment) provides case management instead of incarceration for non-violent offenders. Participants complete counseling, substance treatment, and vocational training – with successful graduates having charges dismissed. Nonprofit partnerships with Delaware Technical Community College offer tuition-free certification programs in healthcare and hospitality fields. Longer-term support includes the “Diamonds Program” providing 18 months of transitional housing in Wilmington with on-site childcare – critical for mothers escaping exploitation. Data shows participants in these programs have under 10% recidivism rates compared to 60%+ without support.

Limited expungement options exist under Delaware’s “Human Trafficking Intervention Act” but require proving victimization status.

Individuals must petition the court with evidence connecting their prostitution to trafficking (e.g., coercion documentation, witness testimony). Successful petitions result in conviction vacatur – legally treating the offense as if it never occurred. For non-trafficking related convictions, expungement remains unavailable unless the charge was a misdemeanor with no subsequent offenses for 10+ years. Legal Aid Delaware operates a specialized clinic assisting with these complex petitions. Since 2019, courts have granted 42 vacaturs – primarily to individuals exploited as minors.