Title 11, Crimes and Criminal Procedure

§ 405. Confinement in Delaware Psychiatric Center of persons developing mental illness after conviction but before sentencing; adjustment of sentences. (a) Whenever the court is satisfied that a prisoner has developed a mental illness after conviction but before sentencing so tha…

§ 406. Transfer of convicted persons becoming mentally disabled from prison to Delaware Psychiatric Center; appointment of physicians to conduct inquiry; expenses of transfer. (a) Whenever in any case it appears to the Superior Court, upon information received from the Department…

§ 408. Verdict of “guilty, but mentally ill” — Sentence; confinement; discharge from treating facility. (a) Where a defendant’s defense is based upon allegations which, if true, would be grounds for a verdict of “guilty, but mentally ill” or the defendant desires to enter a plea …

§ 409. Verdict of “guilty, but mentally ill” — Parole; probation. (a) A person who has been adjudged “guilty, but mentally ill” and who during incarceration is discharged from treatment may be placed on prerelease or parole status under the same terms and laws applicable to any o…

§ 421. Voluntary intoxication. The fact that a criminal act was committed while the person committing such act was in a state of intoxication, or was committed because of such intoxication, is no defense to any criminal charge if the intoxication was voluntary.11 Del. C. 1953, § …

§ 422. Intoxication not mental illness. Evidence of voluntary intoxication shall not be admissible for the purpose of proving the existence of mental illness, mental defect, serious mental disorder or psychiatric disorder within the meaning of § 401 of this title.11 Del. C. 1953,…

§ 423. Involuntary intoxication as a defense. In any prosecution for an offense it is a defense that, as a result of intoxication which is not voluntary, the actor at the time of the conduct lacked substantial capacity to appreciate the wrongfulness of the conduct or to perform a…

§ 424. Definitions relating to intoxication. As used in §§ 421-423 of this title: (1) “Intoxication” means the inability, resulting from the introduction of substances into the body, to exercise control over one’s mental faculties. (2) “Voluntary intoxication” means intoxication …

§ 431. Duress as affirmative defense; defense unavailable in certain situations. (a) In any prosecution for an offense, it is an affirmative defense that the defendant engaged in the conduct charged to constitute the offense because the defendant was coerced to do so by the use o…

§ 432. Entrapment as affirmative defense; defense unavailable in certain situations. (a) In any prosecution for an offense, it is an affirmative defense that the accused engaged in the proscribed conduct because the accused was induced by a law-enforcement official or the law-enf…

§ 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 com…

§ 451. Consent of victim to acts not involving physical injury as defense. In any prosecution for an offense, it is a defense that the victim consented to the act done, provided that: (1) The act did not involve or threaten physical injury; and (2) Such consent negatives an eleme…

§ 452. Consent of victim to inflictions of physical injury as defense. In any prosecution for an offense involving or threatening physical injury, it is a defense that the victim consented to the infliction of physical injury of the kind done or threatened, provided that: (1) The…

§ 453. Circumstances negativing consent as defense. Unless otherwise provided by this Criminal Code or by the law defining the offense, consent of the victim does not constitute a defense if: (1) It is given by a person who is legally incompetent to authorize the conduct charged …

§ 454. Knowledge of victim’s age. Notwithstanding any provision of law to the contrary, it is no defense for an offense or sentencing provision defined in this title or in Title 16 or 31 which has as an element of such offense or sentencing provision the age of the victim that th…

§ 461. Justification — A defense. In any prosecution for an offense, justification, as defined in §§ 462-471 of this title, is a defense.11 Del. C. 1953, § 461; 58 Del. Laws, c. 497, § 1;

§ 462. Justification — Execution of public duty. (a) Unless inconsistent with the ensuing sections of this Criminal Code defining justifiable use of physical force, or with some other provision of law, conduct which would otherwise constitute an offense is justifiable when it is …

§ 463. Justification — Choice of evils. Unless inconsistent with the ensuing sections of this Criminal Code defining justifiable use of physical force, or with some other provisions of law, conduct which would otherwise constitute an offense is justifiable when it is necessary as…

§ 464. Justification — Use of force in self-protection. (a) The use of force upon or toward another person is justifiable when the defendant reasonably believes that such force is immediately necessary for the purpose of protecting the defendant against the use of unlawful force …

§ 465. Justification — Use of force for the protection of other persons. (a) The use of force upon or toward the person of another is justifiable to protect a third person when: (1) The defendant would have been justified under § 464 of this title in using such force to protect t…

§ 466. Justification — Use of force for the protection of property. (a) The use of force upon or toward the person of another is justifiable when the defendant reasonably believes that such force is immediately necessary: (1) To prevent the commission of criminal trespass or burg…

§ 467. Justification — Use of force in law enforcement. (a) The use of force upon or toward the person of another is justifiable when: (1) The defendant is making an arrest or assisting in making an arrest and reasonably believes that such force is immediately necessary to effect…

§ 468. Justification — Use of force by persons with special responsibility for care, discipline or safety of others. The use of force upon or toward the person of another is justifiable if it is reasonable and moderate and: (1) The defendant is the parent, guardian, foster parent…

§ 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 of…

§ 470. Provisions generally applicable to justification. (a) When the defendant reasonably believes that the use of force upon or toward the person of another is necessary for any of the purposes for which such relief would establish a justification under § § 462-468 of this titl…

§ 471. Definitions relating to justification. (a) “Deadly force” means force which the defendant uses with the purpose of causing or which the defendant knows creates a substantial risk of causing death or serious physical injury, including the use of a chokehold as “chokehold” i…

§ 472. Mitigating factors and defenses based on a victim’s sexual orientation, sex, gender, gender identity, or sex assigned at birth. (a) Notwithstanding any other provision of this Criminal Code, in any prosecution or sentencing for an offense, a defendant is not justified in u…

§ 475. Immunity as an affirmative defense. In any prosecution for an offense, it is an affirmative defense that the accused was granted immunity from prosecution for that offense by the Attorney General or a Deputy Attorney General or by court order pursuant to § 3506 of this tit…

§ 476. Racketeering activities; excluded defenses. (a) In any prosecution under Chapter 15 of this title where it is alleged that the offender or offenders were acting as members of a group or informal organization it shall be no defense to such prosecution or were engaged in any…

§ 477. Organized crime; renunciation. (a) It is an affirmative defense to a prosecution under § 1503 of this title, that under circumstances manifesting a voluntary and complete renunciation of the criminal objective, the defendant withdrew from the proposed or intended unlawful …