Title 11, Crimes and Criminal Procedure

§ 202. All offenses defined by statute. (a) No conduct constitutes a criminal offense unless it is made a criminal offense by this Criminal Code or by another law. (b) This section does not affect the power of a court to punish for civil contempt or to employ any sanction authori…

§ 203. Principles of construction. The general rule that a penal statute is to be strictly construed does not apply to this Criminal Code, but the provisions herein must be construed according to the fair import of their terms to promote justice and effect the purposes of the law…

§ 204. Territorial applicability. (a) Except as otherwise provided in this section a person may be convicted under the law of this State of an offense committed by the person’s own conduct or by the conduct of another for which the person is legally accountable if: (1) Either the…

§ 205. Time limitations. (a) A prosecution for murder or any class A felony, or any attempt to commit said crimes, may be commenced at any time. (b) Except as otherwise provided in this section, prosecutions for other offenses are subject to the following periods of limitation: (…

§ 206. Method of prosecution when conduct constitutes more than 1 offense. (a) When the same conduct of a defendant may establish the commission of more than 1 offense, the defendant may be prosecuted for each offense. The defendant’s liability for more than 1 offense may be cons…

§ 207. When prosecution is barred by former prosecution for the same offense. When a prosecution is for a violation of the same statutory provisions and is based upon the same facts as a former prosecution, it is barred by the former prosecution under the following circumstances:…

§ 208. When prosecution is barred by former prosecution for different offense. Although a prosecution is for a violation of a different statutory provision or is based on different facts, it is barred by a former prosecution in a court having jurisdiction over the subject matter …

§ 209. Former prosecution in another jurisdiction; when a bar. When conduct constitutes an offense within the concurrent jurisdiction of this State and of the United States or another state, a prosecution in any such other jurisdiction is a bar to a subsequent prosecution in this…

§ 210. Former prosecution before court lacking jurisdiction or when fraudulently procured by defendant. A prosecution is not a bar within the meaning of §§ 207, 208 and 209 of this title under any of the following circumstances: (1) The former prosecution was before a court which…

§ 211. Repeal of statutes as affecting existing liabilities. (a) The repeal of any statute creating, defining or relating to any criminal offense set forth under the laws of this State, shall not have the effect of releasing or extinguishing any penalty, forfeiture or liability i…

§ 221. Principles of definitions. (a) In this Criminal Code when the word “means” is employed in defining a word or term, the definition is limited to the meaning given. (b) In this Criminal Code, when the word “includes” is employed in defining a word or term, the definition is …

§ 222. General definitions. When used in this Criminal Code: (1) “Building,” in addition to its ordinary meaning, includes any structure, vehicle or watercraft. Where a building consists of 2 or more units separately secured or occupied, each unit shall be deemed a separate build…

§ 223. Words of gender or number. Unless the context otherwise requires, words denoting the singular number may, and where necessary shall, be construed as denoting the plural number, and words denoting the plural number may, and where necessary shall, be construed as denoting th…

§ 224. Valuation of property. Whenever the value of property is determinative of the degree of an accused’s criminal guilt or otherwise relevant in a criminal prosecution, it shall be ascertained as follows: (1) Except as otherwise specified in this section, “value” means the mar…

§ 231. Definitions relating to state of mind. (a) “Criminal negligence”. — A person acts with criminal negligence with respect to an element of an offense when the person fails to perceive a risk that the element exists or will result from the conduct. The risk must be of such a …

§ 232. Definition relating to elements of offense. “Elements of an offense” are those physical acts, attendant circumstances, results and states of mind which are specifically included within the definition of the offense or, if the definition is incomplete, those states of mind …

§ 233. Definition and classification of offenses. (a) “Crime” or “offense” means an act or omission forbidden by a statute of this State and punishable upon conviction by: (1) Imprisonment; or (2) Fine; or (3) Removal from office; or (4) Disqualification to hold any office of tru…

§ 234. Definition of terms requiring certain sentences. When used for the purpose of describing or requiring a sentence of incarceration imposed pursuant to this title, the terms “minimum,” “mandatory,” “minimum mandatory” and “mandatory minimum” shall be construed as being synon…

§ 241. Conviction to precede punishment. The punishments prescribed by this Criminal Code or by any other statute of a criminal nature may be inflicted only after a judgment of conviction by a court having jurisdiction over the person of the defendant and over the subject matter.…

§ 242. Requirements for criminal liability in general. A person is not guilty of an offense unless liability is based on conduct which includes a voluntary act or the omission to perform an act which the person is physically capable of performing.11 Del. C. 1953, § 242; 58 Del. L…

§ 243. Definition of “voluntary act.” “Voluntary act” means a bodily movement performed consciously or habitually as a result of effort or determination, and includes possession if the defendant knowingly procured or received the thing possessed or was aware of the defendant’s co…

§ 251. Proof of state of mind required unless otherwise provided; strict liability. (a) No person may be found guilty of a criminal offense without proof that the person had the state of mind required by the law defining the offense or by subsection (b) of this section. (b) When …

§ 252. Prescribed state-of-mind requirement applies to all material elements. When a statute defining an offense prescribes the state of mind that is sufficient for the commission of the offense, without distinguishing among the elements thereof, the provision shall apply to all …

§ 253. Substitutes for criminal negligence, recklessness and knowledge. Whenever a statute provides that negligence suffices to establish an element of an offense, the element is also established if a person acts intentionally, knowingly, recklessly or with criminal negligence. W…

§ 254. Conditional intention. The fact that a defendant’s intention was conditional is immaterial unless the condition negatives the harm or evil sought to be prevented by the statute defining the offense.11 Del. C. 1953, § 254; 58 Del. Laws, c. 497, § 1;

§ 255. Knowledge of high probability. When knowledge of the existence of a particular fact is an element of an offense, such knowledge is established if a person is aware of a high probability of its existence, unless the person actually believes that it does not exist.11 Del. C.…

§ 261. Causation. Conduct is the cause of a result when it is an antecedent but for which the result in question would not have occurred.11 Del. C. 1953, § 261; 58 Del. Laws, c. 497, § 1;

§ 262. Intentional or knowing causation; different result from that expected. The element of intentional or knowing causation is not established if the actual result is outside the intention or the contemplation of the defendant unless: (1) The actual result differs from that int…

§ 263. Reckless or negligent causation; different result from that expected or overlooked. The element of reckless or negligent causation is not established if the actual result is outside the risk of which the defendant is aware or, in the case of negligence, of which the defend…

§ 264. Causation in offenses of strict liability. When causing a particular result is an element of an offense for which strict liability is imposed by law, the element is not established unless the actual result is a probable consequence of the actor’s conduct.11 Del. C. 1953, §…

§ 271. Liability for the conduct of another — Generally. A person is guilty of an offense committed by another person when: (1) Acting with the state of mind that is sufficient for commission of the offense, the person causes an innocent or irresponsible person to engage in condu…

§ 272. Liability for the conduct of another — No defense. In any prosecution for an offense in which the criminal liability of the accused is based upon the conduct of another person pursuant to § 271 of this title, it is no defense that: (1) The other person is not guilty of the…

§ 273. Liability for the conduct of another — Exemption. Unless otherwise provided by this Criminal Code or by the statute defining the offense, a person is not liable for an offense committed by another person if: (1) The person is a victim of that offense; or (2) The offense is…

§ 274. Offenses involving 2 or more persons; convictions for different degrees of offense. When, pursuant to § 271 of this title, 2 or more persons are criminally liable for an offense which is divided into degrees, each person is guilty of an offense of such degree as is compati…

§ 275. Indictment as principal and conviction as accomplice; indictment as accomplice and conviction as principal. (a) A person indicted for committing an offense may be convicted as an accomplice to another person guilty of committing the offense. (b) A person indicted as an acc…

§ 281. Criminal liability of organizations. An organization is guilty of an offense when: (1) The conduct constituting the offense consists of an omission to discharge a specific duty of affirmative performance imposed on organizations by law; or (2) The conduct constituting the …

§ 282. Criminal liability of an individual for organizational conduct. A person is criminally liable for conduct constituting an offense which the person performs or causes to be performed in the name of or in behalf of an organization to the same extent as if the conduct were pe…

§ 283. Impermissible organizational activity no defense. In any prosecution for an offense alleged to have been committed by an organization, it is no defense that the act charged to constitute the offense was an impermissible organizational activity.11 Del. C. 1953, § 283; 58 De…

§ 284. Definitions relating to organizational liability. (a) “Agent” means any director, officer or employee of an organization, or any other person who is authorized to act in behalf of the organization. (b) “High managerial agent” means an officer of an organization or any othe…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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 …

§ 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…

§ 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…