Justification — Person unlawfully in dwelling.

§ 469. Justification — Person unlawfully in dwelling. In the prosecution of an occupant of a dwelling charged with killing or injuring an intruder who was unlawfully in said dwelling, it shall be a defense that the occupant was in the occupant’s own dwelling at the time of the offense, and: (1) The encounter between the occupant and intruder was sudden and unexpected, compelling the occupant to act instantly; or (2) The occupant reasonably believed that the intruder would inflict personal injury upon the occupant or others in the dwelling; or (3) The occupant demanded that the intruder disarm or surrender, and the intruder refused to do so.63 Del. Laws, c. 276, § 1; 70 Del. Laws, c. 186, § 1;