Title 11 — Crimes and Criminal Procedure
52 chapters · 355 sections in this title.
11 Del. C. § 301. State’s prima facie case; proof beyond reasonable doubt.
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§ 301. State’s prima facie case; proof beyond reasonable doubt. (a) In any prosecution for an offense, a prima facie case for the State consists of some credible evidence tending to prove the existence of each element of the offense. (b) No person may be convicted of an offense u…
11 Del. C. § 302. Jury instruction for defendant on reasonable doubt.
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§ 302. Jury instruction for defendant on reasonable doubt. (a) Pursuant to § 301(b) of this title, the defendant is entitled to a jury instruction that the jury must acquit if they fail to find each element of the offense proved beyond a reasonable doubt. (b) The defendant may pr…
11 Del. C. § 303. Credible evidence to support defenses.
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§ 303. Credible evidence to support defenses. (a) No defense defined by this Criminal Code or by another statute may be considered by the jury unless the court is satisfied that some credible evidence supporting the defense has been presented. (b) Evidence supports a defense when…
11 Del. C. § 304. Defendant’s affirmative defenses; prove by preponderance of evidence.
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§ 304. Defendant’s affirmative defenses; prove by preponderance of evidence. (a) When a defense declared by this Criminal Code or by another statute to be an affirmative defense is raised at trial, the defendant has the burden of establishing it by a preponderance of the evidence…
11 Del. C. § 305. Exemption from criminal liability; affirmative defense to be proved by defendant.
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§ 305. Exemption from criminal liability; affirmative defense to be proved by defendant. When this Criminal Code or another statute specifically exempts a person or activity from the scope of its application and the defendant contends that the defendant is legally entitled to be …
11 Del. C. § 306. No conclusive presumptions; rebuttable presumptions and proof thereof.
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§ 306. No conclusive presumptions; rebuttable presumptions and proof thereof. (a) There are no conclusive presumptions in this Criminal Code, and all conclusive presumptions formerly existing in the criminal law of this State are hereby abolished. (b) Rebuttable presumptions form…
11 Del. C. § 307. Jury inference of defendant’s intention, recklessness, knowledge or belief.
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§ 307. Jury inference of defendant’s intention, recklessness, knowledge or belief. (a) The defendant’s intention, recklessness, knowledge or belief at the time of the offense for which the defendant is charged may be inferred by the jury from the circumstances surrounding the act…
11 Del. C. § 308. Construction of provisions allowing no defense.
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§ 308. Construction of provisions allowing no defense. When a provision of this Criminal Code expressly denies the applications of a specific defense, no inference is thereby created that any other defense is valid.11 Del. C. 1953, § 308; 58 Del. Laws, c. 497, § 1;