Delaware Escorts Laws: Licensing, Penalties, and Legal Limits
Explore how Delaware law defines and regulates escort services, including compliance requirements and legal boundaries for operators.
Delaware law regarding escort services lacks specific statutes addressing the industry by name, instead focusing on the underlying activities, particularly commercial sexual conduct. This approach can create confusion, as state law draws firm lines around permitted activities, and crossing those lines, even unintentionally, can lead to significant legal consequences. Understanding these regulations is crucial for navigating the legal landscape surrounding such services in the state.
State Regulations
Delaware does not regulate businesses specifically labeled as “escort services.” Instead, the state’s legal framework, primarily found in Title 11 of the Delaware Code concerning crimes and criminal procedures, targets the nature of the activities performed. Laws relevant to escort-related activities fall under provisions addressing offenses against public order and decency.
The central regulation is the prohibition of prostitution. Under Delaware Code Title 11, Section 1342, prostitution is defined as occurring when a person aged 18 or older “engages or agrees or offers to engage in sexual conduct with another person in return for a fee.”1Delaware General Assembly. Title 11, § 1342 Prostitution This definition covers the act itself as well as the agreement or offer. The law does not differentiate based on how the service is marketed; if a fee is exchanged for sexual conduct, it falls under this statute.
The definition of “sexual conduct” in Title 11, Section 1356 is broad, including “any act designed to produce sexual gratification to either party,” and is not limited to intercourse.2Delaware General Assembly. Title 11, § 1356 Definitions Relating to Prostitution This means various activities, even those marketed as companionship, could be deemed prostitution if they involve an agreement for sexual conduct in exchange for payment.
Delaware law also addresses activities that facilitate prostitution. Sections 1351 through 1353 cover “Promoting prostitution,” targeting actions like managing prostitutes or operating a prostitution business.3Delaware General Assembly. Title 11, Chapter 5, Subchapter VII Offenses Involving Prostitution Section 1355, “Permitting prostitution,” holds accountable those who control a property used for prostitution and fail to stop it. These laws scrutinize businesses or individuals arranging encounters, even if labeled as escort services, if prohibited sexual conduct for a fee is involved.
Licensing or Registration Requirements
Delaware does not issue a specific license for businesses operating as “escort services.” However, like nearly all businesses operating in the state, entities providing such services must obtain a general State of Delaware business license from the Division of Revenue, as required by Title 30, Chapter 21, Section 2101.
This general license is obtained through the Delaware One Stop portal or by submitting a Combined Registration Application. The standard annual fee is typically $75 for the main location, plus $25 for each additional branch, according to Title 30, Chapter 23, Section 2301.4Delaware General Assembly. Title 30, Chapter 23 Occupational Licenses and Fees Licenses must be renewed annually, though a three-year renewal option is available after the first year. This license serves general tax and regulatory purposes and does not signify state approval of specific business activities, particularly those potentially conflicting with criminal statutes.
No specialized state occupational license is required for individuals working as escorts or for operating an escort service. The Delaware Division of Professional Regulation licenses many professions, but “escort” is not among them. Therefore, while the general business license is mandatory, no further state-level licensing unique to escort services exists.
Distinctions from Related Offenses
Delaware law distinguishes the act of prostitution from related offenses involving facilitation or exploitation. Prostitution itself, under Title 11, Section 1342, involves an adult engaging in, agreeing to, or offering sexual conduct for a fee. The focus is on the individual exchange or agreement.
“Promoting Prostitution,” detailed in Sections 1351 through 1353 of Title 11, targets third parties who knowingly facilitate or profit from the prostitution of others. This includes actions defined under Section 1356 like procuring patrons, providing premises, managing prostitutes, or operating a prostitution business, excluding the prostitute’s own earnings. Promoting prostitution offenses are tiered based on severity, distinguishing them from the direct act performed by the individual prostitute.
“Permitting Prostitution,” outlined in Title 11, Section 1355, applies to individuals controlling a property who knowingly allow it to be used for prostitution without taking reasonable steps to stop it.5Delaware General Assembly. Title 11, § 1355 Permitting Prostitution This offense focuses on inaction by property controllers, differing from the active facilitation involved in promoting prostitution.
These offenses are also distinct from human trafficking, governed by Title 11, Section 787.6Delaware General Assembly. Title 11, § 787 Human Trafficking Human trafficking involves compelling labor or sexual servitude through force, fraud, or coercion (for adults), or involving a minor in commercial sexual activity. While prostitution involves a commercial exchange, human trafficking requires the additional element of exploitation, making it a fundamentally different crime centered on coercion rather than transaction.
Penalties for Violation
Violations of Delaware’s prostitution-related laws carry penalties specified in Title 11 of the Delaware Code. The act of prostitution (Section 1342) by an adult is generally a class B misdemeanor, punishable by up to 6 months of incarceration and a fine up to $1,150, according to Title 11, Section 4206(b).7Delaware General Assembly. Title 11, Chapter 42 Classification of Offenses; Sentences
If prostitution occurs near a school, residence, or place of worship, the offense becomes a class A misdemeanor under Section 1342(b)(1). This carries potential penalties of up to 1 year of incarceration and a fine up to $2,300, with a mandatory minimum fine of $500 that cannot be suspended (Section 4206(a)).
Facilitating prostitution also incurs penalties. Permitting prostitution (Section 1355) is a class B misdemeanor, with the same potential penalties as basic prostitution: up to 6 months incarceration and a $1,150 fine (Section 4206(b)).
Promoting prostitution carries more severe, tiered consequences. Third-degree promoting (Section 1351) is a class A misdemeanor (up to 1 year incarceration, $2,300 fine). Second-degree promoting (Section 1352), often involving managing multiple prostitutes or coercion, is a class G felony, punishable by up to 2 years of incarceration (Section 4205(b)(7)).8Delaware General Assembly. Title 11, § 1352 Promoting Prostitution in the Second Degree First-degree promoting (Section 1353), involving force, intimidation, or a person under 16, is a class C felony, carrying a potential sentence of up to 15 years of incarceration (Section 4205(b)(3)).9Delaware General Assembly. Title 11, § 1353 Promoting Prostitution in the First Degree Felony convictions can lead to additional consequences beyond prison time and fines.
Advertising and Solicitation Rules
Delaware law addresses advertising and solicitation related to escort services primarily through its statutes against prostitution. While no law specifically targets “escort advertising,” the content of the communication is key. Because the definition of prostitution under Title 11, Section 1342 includes the “offer” to engage in sexual conduct for a fee, any advertisement making such an offer, regardless of phrasing, is prohibited.
Solicitation by potential customers is illegal under Title 11, Section 1343, “Patronizing a prostitute.”10Delaware General Assembly. Title 11, § 1343 Patronizing a Prostitute This law prohibits paying, agreeing to pay, or soliciting sexual conduct for a fee. Communications from potential clients seeking prohibited services are therefore unlawful, and the agreement or request itself constitutes a violation.
Advertising that promotes prohibited sexual conduct could also fall under the definition of “advancing prostitution” in Title 11, Section 1356(1). This includes conduct designed to facilitate prostitution, potentially implicating advertisers under the promoting prostitution statutes (Sections 1351-1353).
The platform used for advertising—online, print, or direct communication—does not change the legal restrictions. If an advertisement implicitly or explicitly offers sexual conduct for a fee, it likely violates state law. Specific statutes like Title 11, Sections 1112A and 1112B, addressing the sexual solicitation of children, including via electronic means, underscore the state’s focus on preventing illegal solicitation and exploitation through any medium.
