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 the statutory term “depiction” includes a live presentation of nudity intended for sexual gratification and does not require a photograph, video, or other tangible recording. That interpretation best accords with the statute’s protective purpose, avoids rendering the separate definition of “visual depiction” redundant, and treats the underlying sexual abuse separately from later recording or distribution offenses. Chief Justice Strine, concurring, agreed with the affirmance but would have held that the term also encompasses the mental image Zambrana intended to create.