reglab/housing_qa huggingface dataset:
11 DE Code § 304. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 3. Proving and Disproving Criminal Guilt|§ 304. Defendant's affirmative defenses; prove by preponderance of evidence.

§ 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. (b) Unless the court determines that no reasonable juror could find an affirmative defense established by a preponderance of the evidence presented by the defendant, the defendant is entitled to a jury instruction that the jury must acquit the defendant if they find the affirmative defense established by a preponderance of the evidence. (c) An affirmative defense is established by a preponderance of the evidence when the jury is persuaded that the evidence makes it more likely than not that each element of the affirmative defense existed at the required time. 11 Del. C. 1953, §  304;  58 Del. Laws, c. 497, §  1;  70 Del. Laws, c. 186, §  1;
11 DE Code § 305. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 3. Proving and Disproving Criminal Guilt|§ 305. Exemption from criminal liability; affirmative defense to be proved by defendant.

§ 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 exempted thereby, the burden is on the defendant to prove, as an affirmative defense, facts necessary to bring the defendant within the exemption. 11 Del. C. 1953, §  305;  58 Del. Laws, c. 497, §  1;  70 Del. Laws, c. 186, §  1;
11 DE Code § 306. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 3. Proving and Disproving Criminal Guilt|§ 306. No conclusive presumptions; rebuttable presumptions and proof thereof.

§ 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 formerly existing in the criminal law of this State are preserved except to the extent that they are inconsistent with this Criminal Code. (c) Notwithstanding any other provision of this Criminal Code, the following rebuttable presumptions are expressly preserved:  (1) A person is presumed to intend the natural and probable consequences of the person's act. (2) A person found in possession of goods acquired as a result of the commission of a recent crime is presumed to have committed the crime. (d) Proof of a fact tending to create a rebuttable presumption not inconsistent with this Criminal Code or a presumption created by this Criminal Code constitutes prima facie evidence of the presumed conclusion. (e) The court may tell the jury of the existence of the presumption, and if it does so the defendant is entitled to a jury instruction that the presumption does not relieve the State of its burden of proving guilt beyond a reasonable doubt. Nevertheless, the jury may convict the defendant, despite the existence of evidence tending to rebut the presumption, if they find no reasonable doubt about the defendant's guilt. 11 Del. C. 1953, §  306;  58 Del. Laws, c. 497, §  1;  59 Del. Laws, c. 203, §  2;  70 Del. Laws, c. 186, §  1;
11 DE Code § 307. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 3. Proving and Disproving Criminal Guilt|§ 307. Jury inference of defendant's intention, recklessness, knowledge or belief.

§ 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 the defendant is alleged to have done. In making the inference permitted by this section, the jury may consider whether a reasonable person in the defendant's circumstances at the time of the offense would have had or lacked the requisite intention, recklessness, knowledge or belief. (b) When the defendant's intention, recklessness, knowledge or belief is an element of an offense, it is sufficient to establish a prima facie case for the State to prove circumstances surrounding the act which the defendant is alleged to have done from which a reasonable juror might infer that the defendant's intention, recklessness, knowledge or belief was of the sort required for commission of the offense. 11 Del. C. 1953, §  307;  58 Del. Laws, c. 497, §  1;  70 Del. Laws, c. 186, §  1;
11 DE Code § 308. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 3. Proving and Disproving Criminal Guilt|§ 308. Construction of provisions allowing no defense.

§ 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;
11 DE Code § 401. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 4. Defenses to Criminal Liability|§ 401. Mental illness or psychiatric disorder.

§ 401. Mental illness or psychiatric disorder. (a) In any prosecution for an offense, it is an affirmative defense that, at the time of the conduct charged, as a result of mental illness or serious mental disorder, the accused lacked substantial capacity to appreciate the wrongfulness of the accused's conduct. If the defendant prevails in establishing the affirmative defense provided in this subsection, the trier of fact shall return a verdict of “not guilty by reason of insanity.” (b) Where the trier of fact determines that, at the time of the conduct charged, a defendant suffered from a mental illness or serious mental disorder which substantially disturbed such person's thinking, feeling or behavior and/or that such mental illness or serious mental disorder left such person with insufficient willpower to choose whether the person would do the act or refrain from doing it, although physically capable, the trier of fact shall return a verdict of “guilty, but mentally ill.” (c) It shall not be a defense under this section if the alleged insanity or mental illness was proximately caused by the voluntary ingestion, inhalation or injection of intoxicating liquor, any drug or other mentally debilitating substance, or any combination thereof, unless such substance was prescribed for the defendant by a licensed health-care practitioner and was used in accordance with the directions of such prescription. As used in this chapter, the terms “insanity” or “mental illness” do not include an abnormality manifested only by repeated criminal or other antisocial conduct. 11 Del. C. 1953, §  401;  58 Del. Laws, c. 497, §  1;  63 Del. Laws, c. 328, §  1;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 141, §§  1, 2;  78 Del. Laws, c. 224, §§  2, 3;
11 DE Code § 402. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 4. Defenses to Criminal Liability|§ 402. Rules to prescribe procedures for psychiatric examination; testimony of psychiatrist or other expert.

§ 402. Rules to prescribe procedures for psychiatric examination; testimony of psychiatrist or other expert. (a) The procedures for examination of the accused by the accused's own psychiatrist or by a psychiatrist employed by the State and the circumstances under which such an examination will be permitted may be prescribed by rules of the court having jurisdiction over the offense. (b) A psychiatrist or other expert testifying at trial concerning the mental condition of the accused shall be permitted to make a statement as to the nature of the examination, the psychiatrist's or expert's diagnosis of the mental condition of the accused at the time of the commission of the offense charged and the psychiatrist's or expert's opinion as to the extent, if any, to which the capacity of the accused to appreciate the wrongfulness of the accused's conduct or to choose whether the accused would do the act or refrain from doing it or to have a particular state of mind which is an element of the offense charged was impaired as a result of mental illness or serious mental disorder at that time. The psychiatrist or expert shall be permitted to make any explanation reasonably serving to clarify the diagnosis and opinion and may be cross-examined as to any matter bearing on the psychiatrist's or expert's competence or credibility or the validity of the diagnosis or opinion. 11 Del. C. 1953, §  402;  58 Del. Laws, c. 497, §  1;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 224, §  4;
11 DE Code § 404. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 4. Defenses to Criminal Liability|§ 404. Confinement in Delaware Psychiatric Center of persons too mentally ill to stand trial; requiring State to prove prima facie case in such circumstances; adjustment of sentences.

§ 404. Confinement in Delaware Psychiatric Center of persons too mentally ill to stand trial; requiring State to prove prima facie case in such circumstances; adjustment of sentences. (a) Whenever the court is satisfied, after hearing, that an accused person, because of mental illness or serious mental disorder, is unable to understand the nature of the proceedings against the accused, or to give evidence in the accused's own defense or to instruct counsel on the accused's own behalf, the court may order the accused person to be confined and treated in the Delaware Psychiatric Center until the accused person is capable of standing trial. However, upon motion of the defendant, the court may conduct a hearing to determine whether the State can make out a prima facie case against the defendant, and if the State fails to present sufficient evidence to constitute a prima facie case, the court shall dismiss the charge. This dismissal shall have the same effect as a judgment of acquittal. (b) When the court finds that the defendant is capable of standing trial, the defendant may be tried in the ordinary way, but the court may make any adjustment in the sentence which is required in the interest of justice, including a remission of all or any part of the time spent in the Psychiatric Center. 11 Del. C. 1953, §  404;  58 Del. Laws, c. 497, §  1;  59 Del. Laws, c. 203, §  3;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 550, §  1;  78 Del. Laws, c. 224, §  5;
11 DE Code § 405. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 4. Defenses to Criminal Liability|§ 405. Confinement in Delaware Psychiatric Center of persons developing mental illness after conviction but before sentencing; adjustment of sentences.

§ 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 that the prisoner is unable understandingly to participate in the sentencing proceedings, and if the court is satisfied that a sentence of imprisonment may be appropriate, the court may order the prisoner to be confined and treated in the Delaware Psychiatric Center until the prisoner is capable of participating in the sentencing proceedings. (b) When the court finds that the prisoner is capable of participating in the sentencing proceedings, the prisoner may be sentenced in the ordinary way, but the court may make any adjustment in the sentence which is required in the interest of justice, including a remission of all or any part of the time spent in the Psychiatric Center. 11 Del. C. 1953, §  405;  58 Del. Laws, c. 497, §  1;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 550, §  1;  78 Del. Laws, c. 224, §§  6, 7;
11 DE Code § 406. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 4. Defenses to Criminal Liability|§ 406. Transfer of convicted persons becoming mentally disabled from prison to Delaware Psychiatric Center; appointment of physicians to conduct inquiry; expenses of transfer.

§ 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 of Health and Social Services, that a prisoner confined with the Department has developed a mental illness after conviction and sentence, the Court may appoint 2 reputable practicing physicians to inquire of the mental condition of the prisoner and make report of their finding to the Court within 2 days from the date of their appointment, by writing under their hands and seals. Should the report of the physicians be that the prisoner has a mental illness, the prisoner shall at once be ordered by the Court transferred from the prison facility where the prisoner is confined to the Delaware Psychiatric Center. (b) The expenses of the removal of such a person with a mental illness and of admission into such Psychiatric Center and maintenance therein up and until the time the person is discharged by the Court shall be borne by the State. If any such person with a mental illness has any real or personal estate, the Department of Health and Social Services shall have for the expenses and charges so incurred the same remedy as is provided in § 5019 of Title 16. 11 Del. C. 1953, §  406;  58 Del. Laws, c. 497, §  1;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 550, §  1;  78 Del. Laws, c. 224, §  8;  79 Del. Laws, c. 442, §  2;  81 Del. Laws, c. 79, § 8;
11 DE Code § 409. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 4. Defenses to Criminal Liability|§ 409. Verdict of “guilty, but mentally ill” — Parole; probation.

§ 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 other offender. Psychological or psychiatric counseling and treatment may be required as a condition for such status. Failure to continue treatment, except by agreement of the Department of Correction, shall be a basis for terminating prerelease status or instituting parole violation hearings. (b) If the report of the Delaware Psychiatric Center or other facility recommends parole, the paroling authority shall within 45 days or at the expiration of the offender's minimum sentence, whichever is later, meet to consider the offender's request for parole. If the report does not recommend parole, but other laws or administrative rules of the Department permit parole, the paroling authority may meet to consider a parole request. When the paroling authority considers the offender for parole, it shall consult with the State Hospital or other facility at which the offender had been treated, or from which the offender has been discharged. (c) If an offender who has been found “guilty, but mentally ill” is placed on probation, the court, upon recommendation by the Attorney General, shall make treatment a condition of probation. Reports as specified by the trial judge shall be filed with the probation officer, and the sentencing court. Treatment shall be provided by an agency of the State or, with the approval of the sentencing court and at individual expense, private agencies, private physicians or other mental health personnel. 63 Del. Laws, c. 328, §  2;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 550, §  1;
11 DE Code § 421. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 4. Defenses to Criminal Liability|§ 421. Voluntary intoxication.

§ 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, §  421;  58 Del. Laws, c. 497, §  1;  59 Del. Laws, c. 103, §  1;  59 Del. Laws, c. 203, §  37;  60 Del. Laws, c. 680, §  1;
11 DE Code § 422. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 4. Defenses to Criminal Liability|§ 422. Intoxication not mental illness.

§ 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, §  422;  58 Del. Laws, c. 497, §  1;  71 Del. Laws, c. 153, §  1;  78 Del. Laws, c. 224, §  10;
11 DE Code § 423. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 4. Defenses to Criminal Liability|§ 423. Involuntary intoxication as a defense.

§ 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 material element of the offense, or lacked sufficient willpower to choose whether the person would do the act or refrain from doing it. 11 Del. C. 1953, §  423;  58 Del. Laws, c. 497, §  1;  70 Del. Laws, c. 186, §  1;
11 DE Code § 424. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 4. Defenses to Criminal Liability|§ 424. Definitions relating to intoxication.

§ 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 caused by substances which the actor knowingly introduces into the actor's body, the tendency of which to cause intoxication the actor knows or should know, unless the actor introduces them pursuant to medical advice or under such duress as would afford a defense to a prosecution for a criminal offense.11 Del. C. 1953, §  424;  58 Del. Laws, c. 497, §  1;  70 Del. Laws, c. 186, §  1;
11 DE Code § 431. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 4. Defenses to Criminal Liability|§ 431. Duress as affirmative defense; defense unavailable in certain situations.

§ 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 of, or a threat to use, force against the defendant's person or the person of another, which a reasonable person in the defendant's situation would have been unable to resist. (b) The defense provided by subsection (a) of this section is unavailable if the defendant intentionally or recklessly placed himself or herself in a situation in which it was probable that the defendant would be subjected to duress. (c) It is not a defense that a woman acted on the command of her husband, unless she acted under such coercion as would establish a defense under this section. The presumption that a woman acting in the presence of her husband is coerced is abolished. 11 Del. C. 1953, §  431;  58 Del. Laws, c. 497, §  1;  70 Del. Laws, c. 186, §  1;
11 DE Code § 432. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 4. Defenses to Criminal Liability|§ 432. Entrapment as affirmative defense; defense unavailable in certain situations.

§ 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-enforcement official's agent who is acting in the knowing cooperation with such an official to engage in the proscribed conduct constituting such conduct which is a crime when such person is not otherwise disposed to do so. The defense of entrapment as defined by this Criminal Code concedes the commission of the act charged but claims that it should not be punished because of the wrongdoing of the officer originates the idea of the crime and then induces the other person to engage in conduct constituting such a crime when the other person is not otherwise disposed to do so. (b) The defense afforded by subsection (a) of this section is unavailable when causing or threatening physical injury is an element of the offense charged and the prosecution is based on conduct causing or threatening such injury to a person other than the person perpetrating the entrapment. 11 Del. C. 1953, §  432;  58 Del. Laws, c. 497, §  1;  59 Del. Laws, c. 203, §  38;  70 Del. Laws, c. 186, §  1;
11 DE Code § 441. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 4. Defenses to Criminal Liability|§ 441. 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;
11 DE Code § 451. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 4. Defenses to Criminal Liability|§ 451. Consent of victim to acts not involving physical injury as defense.

§ 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 element of the offense. Any person who enters the presence of other people consents to the normal physical contacts incident to such presence. 11 Del. C. 1953, §  451;  58 Del. Laws, c. 497, §  1;
11 DE Code § 452. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 4. Defenses to Criminal Liability|§ 452. Consent of victim to inflictions of physical injury as defense.

§ 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 physical injury done or threatened by the conduct consented to is not serious physical injury; or (2) The physical injury done or threatened is a reasonably foreseeable hazard of joint participation in any concerted activity, athletic contest or sport not prohibited by law.11 Del. C. 1953, §  452;  58 Del. Laws, c. 497, §  1;