Ignorance or mistake of fact as defense.

§ 441. Ignorance or mistake of fact as defense. In any prosecution for an offense, it is a defense that the accused engaged in the conduct charged to constitute the offense under ignorance or mistake of fact if: (1) The ignorance or mistake negatives the state of mind for the commission of the offense; or (2) The statute defining the offense or a statute related thereto expressly provides that the ignorance or mistake constitutes a defense or exemption; or (3) The ignorance or mistake is of a kind that supports a defense of justification as defined in this Criminal Code.11 Del. C. 1953, § 441; 58 Del. Laws, c. 497, § 1;