Mark G. Zambrana, Defendant Below-Appellant v. State of Delaware, Plaintiff Below-Appellee

Summary

The Court affirmed Zambrana’s convictions for sexual solicitation of a child, holding that “depiction” under 11 Del. C. § 1100(7)(i) includes live conduct intended to allow a viewer to observe nudity for sexual gratification, not only a tangible recording or image. The Court relied on the statute’s protective purpose, its structure, and the need to avoid rendering the separate definition of “visual depiction” redundant. Chief Justice Strine, concurring, agreed with affirmance but would also hold that the mental image Zambrana intended to create independently qualified as a depiction.