reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 4. DEFENSES TO CRIMINAL LIABILITY › § 454. Knowledge of victim's age.

§ 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 the accused did not know the age of the victim or reasonably believed the person to be of an age which would not meet the element of such offense or sentencing provision unless the statute defining such offense or sentencing provision or a statute directly related thereto expressly provides that knowledge of the victim's age is an element of the offense or that lack of such knowledge is a defense.
73 Del. Laws, c. 126, §  2;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 4. DEFENSES TO CRIMINAL LIABILITY › § 461. Justification — A defense.

§ 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;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 4. DEFENSES TO CRIMINAL LIABILITY › § 462. Justification — Execution of public duty.

§ 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 required or authorized by a provision of law or by a judicial decree, including:
(1) Laws defining duties and functions of public officers;
(2) Laws defining duties of private citizens to assist public servants in the performance of certain of their functions;
(3) Laws governing the execution of legal process;
(4) Laws governing the military services and the conduct of war; and
(5) Judgments or orders of competent courts or tribunals.
(b) The justification afforded by subsection (a) of this section applies when:
(1) The defendant's conduct is required or authorized by the judgment or order of a competent court or tribunal or in the lawful execution of legal process, notwithstanding lack of jurisdiction of the court or defect in the legal process; or
(2) The defendant believes the conduct to be required or authorized to assist a public officer in the performance of the officer's duties, notwithstanding that the officer exceeded the officer's legal authority.
11 Del. C. 1953, §  462;  58 Del. Laws, c. 497, §  1;  59 Del. Laws, c. 203, §  4;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 4. DEFENSES TO CRIMINAL LIABILITY › § 463. Justification — Choice of evils.

§ 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 an emergency measure to avoid an imminent public or private injury which is about to occur by reason of a situation occasioned or developed through no fault of the defendant, and which is of such gravity that, according to ordinary standards of intelligence and morality, the desirability and urgency of avoiding such injury clearly outweigh the desirability of avoiding the injury sought to be prevented by the statute defining the offense in issue. The necessity and justifiability of such conduct may not rest upon considerations pertaining only to the morality and advisability of the statute, either in its general application or with respect to its application to a particular class of cases arising thereunder.
11 Del. C. 1953, §  463;  58 Del. Laws, c. 497, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 4. DEFENSES TO CRIMINAL LIABILITY › § 464. Justification — Use of force in self-protection.

§ 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 by the other person on the present occasion.
(b) Except as otherwise provided in subsections (d) and (e) of this section, a person employing protective force may estimate the necessity thereof under the circumstances as the person reasonably believes them to be when the force is used, without retreating, surrendering possession, doing any other act which the person has no legal duty to do or abstaining from any lawful action.
(c) The use of deadly force is justifiable under this section if the defendant reasonably believes that such force is necessary to protect the defendant against death, serious physical injury, kidnapping or sexual intercourse compelled by force or threat.
(d) The use of force is not justifiable under this section to resist an arrest which the defendant knows or should know is being made by a peace officer, whether or not the arrest is lawful.
(e) The use of deadly force is not justifiable under this section if:
(1) The defendant, with the purpose of causing death or serious physical injury, provoked the use of force against the defendant in the same encounter; or
(2) The defendant knows that the necessity of using deadly force can be avoided with complete safety by retreating, by surrendering possession of a thing to a person asserting a claim of right thereto or by complying with a demand that the defendant abstain from performing an act which the defendant is not legally obligated to perform except that:
a. The defendant is not obliged to retreat in or from the defendant's dwelling; and
b. The defendant is not obliged to retreat in or from the defendant's place of work, unless the defendant was the initial aggressor; and
c. A public officer justified in using force in the performance of the officer's duties, or a person justified in using force in assisting an officer or a person justified in using force in making an arrest or preventing an escape, need not desist from efforts to perform the duty or make the arrest or prevent the escape because of resistance or threatened resistance by or on behalf of the person against whom the action is directed.
11 Del. C. 1953, §  464;  58 Del. Laws, c. 497, §  1;  59 Del. Laws, c. 203, §  5;  70 Del. Laws, c. 186, §  1;  83 Del. Laws, c. 73, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 4. DEFENSES TO CRIMINAL LIABILITY › § 465. Justification — Use of force for the protection of other persons.

§ 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 the defendant against the injury the defendant reasonably believes to be threatened to the person whom the defendant seeks to protect; and
(2) Under the circumstances as the defendant reasonably believes them to be, the person whom the defendant seeks to protect would have been justified in using such protective force; and
(3) The defendant reasonably believes that intervention is necessary for the protection of the other person.
(b) Although the defendant would have been obliged under § 464 of this title to retreat, to surrender the possession of a thing or to comply with a demand before using force in self-protection, there is no obligation to do so before using force for the protection of another person, unless the defendant knows that the defendant can thereby secure the complete safety of the other person.
(c) When the person whom the defendant seeks to protect would have been obliged under § 464 of this title to retreat, to surrender the possession of a thing or to comply with a demand if the person knew that the person could obtain complete safety by so doing, the defendant is obliged to try to cause the person to do so before using force in the person's protection if the actor knows that complete safety can be secured in that way.
(d) Neither the defendant nor the person whom the defendant seeks to protect is obliged to retreat when in the other's dwelling or place of work to any greater extent than in their own.
11 Del. C. 1953, §  465;  58 Del. Laws, c. 497, §  1;  70 Del. Laws, c. 186, §  1;  83 Del. Laws, c. 73, § 2;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 4. DEFENSES TO CRIMINAL LIABILITY › § 466. Justification — Use of force for the protection of property.

§ 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 burglary in a building or upon real property in the defendant's possession or in the possession of another person for whose protection the defendant acts; or
(2) To prevent entry upon real property in the defendant's possession or in the possession of another person for whose protection the defendant acts; or
(3) To prevent theft, criminal mischief or any trespassory taking of tangible, movable property in the defendant's possession or in the possession of another person for whose protection the defendant acts.
(b) The defendant may in the circumstances named in subsection (a) of this section use such force as the defendant reasonably believes is necessary to protect the threatened property, provided that the defendant first requests the person against whom force is used to desist from interference with the property, unless the defendant reasonably believes that:
(1) Such a request would be useless; or
(2) It would be dangerous to the defendant or another person to make the request; or
(3) Substantial harm would be done to the physical condition of the property which is sought to be protected before the request could effectively be made.
(c) The use of deadly force for the protection of property is justifiable only if the defendant reasonably believes that:
(1) The person against whom the force is used is attempting to dispossess the defendant of the defendant's dwelling otherwise than under a claim of right to its possession; or
(2) The person against whom the deadly force is used is attempting to commit arson, burglary, robbery or felonious theft or property destruction and either:
a. Had employed or threatened deadly force against or in the presence of the defendant; or
b. Under the circumstances existing at the time, the defendant reasonably believed the use of force other than deadly force would expose the defendant, or another person in the defendant's presence, to the reasonable likelihood of serious physical injury.
(d) Where a person has used force for the protection of property and has not been convicted for any crime or offense connected with that use of force, such person shall not be liable for damages or be otherwise civilly liable to the one against whom such force was used.
11 Del. C. 1953, §  466;  58 Del. Laws, c. 497, §  1;  62 Del. Laws, c. 266, §§  1, 2;  70 Del. Laws, c. 186, §  1;  83 Del. Laws, c. 73, § 3;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 4. DEFENSES TO CRIMINAL LIABILITY › § 469. 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;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 4. DEFENSES TO CRIMINAL LIABILITY › § 470. Provisions generally applicable to justification.

§ 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 title but the defendant is reckless or negligent in having such belief or in acquiring or failing to acquire any knowledge or belief which is material to the justifiability of the use of force, the justification afforded by those sections is unavailable in a prosecution for an offense for which recklessness or negligence, as the case may be, suffices to establish culpability.
(b) When the defendant is justified under §§ 462-468 of this title in using force upon or toward the person of another but the defendant recklessly or negligently injures or creates a risk of injury to innocent persons, the justification afforded by those sections is unavailable in a prosecution for an offense involving recklessness or negligence towards innocent persons.
11 Del. C. 1953, §  469;  58 Del. Laws, c. 497, §  1;  63 Del. Laws, c. 276, §  1;  70 Del. Laws, c. 186, §  1;  83 Del. Laws, c. 73, § 6;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 4. DEFENSES TO CRIMINAL LIABILITY › § 471. Definitions relating to justification.

§ 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” is defined under § 607A of this title. Purposely firing a firearm in the direction of another person or at a vehicle in which another person is believed to be constitutes deadly force. A threat to cause death or serious bodily harm, by the production of a weapon or otherwise, so long as the defendant's purpose is limited to creating an apprehension that deadly force will be used if necessary, does not constitute deadly force.
(b) “Dwelling” means any building or structure, though movable or temporary, or a portion thereof, which is for the time being the defendant's home or place of lodging.
(c) “Force,” in addition to its ordinary meaning, includes confinement.
(d) “Physical force” means force used upon or directed toward the body of another person.
(e) (1) “Reasonably believes,” when applied to a defendant who is not a law-enforcement officer acting in the officer's official capacity, means holds a belief that is reasonable from the viewpoint of a reasonable person in the defendant's situation under the circumstances.
(2) “Reasonably believes,” when applied to a defendant who is a law-enforcement officer acting in the officer's official capacity, means holds a belief that is reasonable from the viewpoint of a reasonable law-enforcement officer in the defendant's situation under the circumstances.
(f) “Unlawful force” means force which is employed without the consent of the person against whom it is directed and the employment of which constitutes an offense or actionable tort or would constitute such offense or tort except for a defense (such as the absence of intent, negligence or mental capacity; duress; youth; or diplomatic status) not amounting to a privilege to use the force. Assent constitutes consent, within the meaning of this section, whether or not it otherwise is legally effective, except assent to the infliction of death or serious bodily harm.
11 Del. C. 1953, §  470;  58 Del. Laws, c. 497, §  1;  63 Del. Laws, c. 276, §  1;  70 Del. Laws, c. 186, §  1;  83 Del. Laws, c. 73, § 7;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 4. DEFENSES TO CRIMINAL LIABILITY › § 472. Mitigating factors and defenses based on a victim's sexual orientation, sex, gender, gender identity, or sex assigned at birth.

§ 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 using force against another based on the discovery of, knowledge or belief about, or the potential or actual disclosure of the victim's actual or perceived sexual orientation, sex, gender, gender identity, or sex assigned at birth.
(b) Notwithstanding any other provision of this Criminal Code, in any prosecution or sentencing for an offense, for the purposes of determining whether there is a reasonable explanation or excuse for the existence of extreme emotional disturbance or other asserted mitigating factor or circumstance, such explanation or excuse is not reasonable if it is based on the discovery of, knowledge or belief about, or the potential or actual disclosure of the victim's actual or perceived sexual orientation, sex, gender, gender identity, or sex assigned at birth.
(c) Notwithstanding any other provision of this Criminal Code, in any prosecution or sentencing for an offense, a defendant does not suffer from a mental illness, mental defect, mental disorder, serious mental disorder, psychiatric disorder, or other impairment affecting or impacting the defendant's mental state relating to any questions of intent; knowledge; capacity to appreciate the wrongfulness of the defendant's conduct; disturbance of the defendant's thinking, feeling, or behavior; culpability; willpower to choose whether to do or refrain from doing an act; or ability to distinguish right from wrong, based on the discovery of, knowledge or belief about, or the potential or actual disclosure of the victim's actual or perceived sexual orientation, sex, gender, gender identity, or sex assigned at birth.
84 Del. Laws, c. 215, § 2;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 4. DEFENSES TO CRIMINAL LIABILITY › § 475. Immunity as an affirmative defense.

§ 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 title. It is also an affirmative defense that the accused was granted immunity from prosecution for a different offense when prosecution for the offense now charged would have been barred by prosecution for the offense as to which immunity was granted under § 208 of this title; provided, that the Attorney General or a Deputy Attorney General may, in granting immunity, stipulate that the immunity applies only to a specific offense, in which case effect shall be given to the stipulation.
11 Del. C. 1953, §  475;  58 Del. Laws, c. 497, §  1;  63 Del. Laws, c. 271, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 4. DEFENSES TO CRIMINAL LIABILITY › § 476. Racketeering activities; excluded defenses.

§ 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 form of racketeering or racketeering activity, that:
(1) One or more members of the group or organization are not criminally responsible for the offense for which the prosecution is brought;
(2) One or more members of the group or organization have been acquitted, have not been prosecuted or convicted, have been convicted of a different offense or are immune from prosecution;
(3) A different person has been charged with, acquitted or convicted of any offense set forth in Chapter 15 of this title.
(b) Once an act of racketeering has been initiated by a group and there is a subsequent change in the number or identity of persons in such group or organization, as long as 2 or more of the original members remain in such group or are involved in a continuing course of conduct constituting an offense under Chapter 15 of this title, it shall be no defense to claim that the defendant was not part of the group or organization.
65 Del. Laws, c. 493, §  2;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 4. DEFENSES TO CRIMINAL LIABILITY › § 477. Organized crime; renunciation.

§ 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 activity before the commission of an offense set forth in Chapter 15 of this title; and that such person took further affirmative action that, in whole or in part, prevented the commission of the offense.
(b) Renunciation is not “voluntary,” if it is motivated in whole or in part:
(1) By circumstances not present or apparent at the inception of the defendant's course of conduct that increased the probability of detection or apprehension, or that made more difficult the accomplishment of the objective; or
(2) By a decision to postpone the criminal conduct until another time, or to transfer the criminal act to another (but similar) objective or victim.
(c) Evidence that the defendant withdrew from the unlawful activity before commission of an offense set forth in Chapter 15 of this title, and made substantial effort to prevent the commission of an offense under that chapter, shall be admissible as mitigation at the hearing on punishment if such person has been found guilty; and in the event of a finding of renunciation under this section, the punishment of such person shall be less than that which would otherwise be imposed. The Court shall determine the extent and genuineness of the renunciation, and determine the reduction.
65 Del. Laws, c. 493, §  2;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter I. Inchoate Crimes › § 501. Criminal solicitation in the third degree; class A misdemeanor.

§ 501. Criminal solicitation in the third degree; class A misdemeanor.
A person is guilty of criminal solicitation in the third degree when, intending that another person engage in conduct constituting a misdemeanor, the person solicits, requests, commands, importunes or otherwise attempts to cause the other person to engage in conduct that would constitute the misdemeanor or an attempt to commit the misdemeanor or which would establish the other's complicity in its commission or attempted commission.
Criminal solicitation in the third degree is a class A misdemeanor.
11 Del. C. 1953, §  501;  58 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter I. Inchoate Crimes › § 502. Criminal solicitation in the second degree; class F felony.

§ 502. Criminal solicitation in the second degree; class F felony.
A person is guilty of criminal solicitation in the second degree when, intending that another person engage in conduct constituting a felony, the person solicits, requests, commands, importunes or otherwise attempts to cause the other person to engage in conduct which would constitute the felony or an attempt to commit the felony, or which would establish the other's complicity in its commission or attempted commission.
Criminal solicitation in the second degree is a class F felony, unless the person is 18 years of age or older, and the other person had not yet reached his or her eighteenth birthday at the time of the crime, in which case it is a class D felony, or unless the person is more than 3 years older than the other person, and the other person had not yet reached his or her fifteenth birthday at the time of the crime, in which case it is a class D felony.
11 Del. C. 1953, §  502;  58 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 424, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter I. Inchoate Crimes › § 503. Criminal solicitation in the first degree; class E felony.

§ 503. Criminal solicitation in the first degree; class E felony.
A person is guilty of criminal solicitation in the first degree when, intending that another person engage in conduct constituting a class A felony, the person solicits, requests, commands, importunes or otherwise attempts to cause the other person to engage in conduct which would constitute the felony or an attempt to commit the felony, or which would establish the other's complicity in its commission or attempted commission.
Criminal solicitation in the first degree is a class E felony, unless the person is 18 years of age or older, and the other person had not yet reached his or her eighteenth birthday at the time of the crime, in which case it is a class C felony, or unless the person is more than 3 years older than the other person, and the other person had not yet reached his or her fifteenth birthday at the time of the crime, in which case it is a class C felony.
11 Del. C. 1953, §  503;  58 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 424, §  2;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter I. Inchoate Crimes › § 511. Conspiracy in the third degree; class A misdemeanor.

§ 511. Conspiracy in the third degree; class A misdemeanor.
A person is guilty of conspiracy in the third degree when, intending to promote or facilitate commission of a misdemeanor, the person:
(1) Agrees with another person or persons that they or 1 or more of them will engage in conduct constituting the misdemeanor or an attempt or solicitation to commit the misdemeanor; or
(2) Agrees to aid another person or persons in the planning or commission of the misdemeanor or an attempt or solicitation to commit the misdemeanor, and the person or another person with whom the person conspired commits an overt act in pursuance of the conspiracy.
Conspiracy in the third degree is a class A misdemeanor.
11 Del. C. 1953, §  511;  58 Del. Laws, c. 497, §  1;  59 Del. Laws, c. 203, §  7;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter I. Inchoate Crimes › § 512. Conspiracy in the second degree; class G felony.

§ 512. Conspiracy in the second degree; class G felony.
A person is guilty of conspiracy in the second degree when, intending to promote or facilitate the commission of a felony, the person:
(1) Agrees with another person or persons that they or 1 or more of them will engage in conduct constituting the felony or an attempt or solicitation to commit the felony; or
(2) Agrees to aid another person or persons in the planning or commission of the felony or an attempt or solicitation to commit the felony; and the person or another person with whom the person conspired commits an overt act in pursuance of the conspiracy.
Conspiracy in the second degree is a class G felony.
11 Del. C. 1953, §  512;  58 Del. Laws, c. 497, §  1;  59 Del. Laws, c. 203, §  7;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter I. Inchoate Crimes › § 513. Conspiracy in the first degree; class E felony.

§ 513. Conspiracy in the first degree; class E felony.
A person is guilty of conspiracy in the first degree when, intending to promote or facilitate the commission of a class A felony, the person:
(1) Agrees with another person or persons that they or 1 or more of them will engage in conduct constituting the felony or an attempt or solicitation to commit the felony; or
(2) Agrees to aid another person or persons in the planning or commission of the felony or an attempt or solicitation to commit the felony, and the person or another person with whom the person conspired commits an overt act in pursuance of the conspiracy.
Conspiracy in the first degree is a class E felony.
11 Del. C. 1953, §  513;  58 Del. Laws, c. 497, §  1;  59 Del. Laws, c. 203, §  7;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter I. Inchoate Crimes › § 521. Conspiracy.

§ 521. Conspiracy.
(a) If a person conspires to commit a number of crimes, the person is guilty of only 1 conspiracy, so long as the multiple crimes are the object of the same agreement of continuous conspiratorial relationship. The person may be convicted of the degree of conspiracy which includes the most serious offense which the person is found guilty of conspiring to commit.
(b) If a person guilty of conspiracy, as defined by §§ 511-513 of this title, knows that a person with whom the person conspires to commit a crime has conspired with another person or persons to commit the same crime, the first person is guilty of conspiring to commit the crime with the other person or persons, whether or not the first person knows their identity.
(c) No person may be convicted of conspiracy to commit an offense when an element of the offense is agreement with the person with whom the person is alleged to have conspired, or when the person with whom the person is alleged to have conspired is necessarily involved with the person in the commission of the offense.
11 Del. C. 1953, §  521;  58 Del. Laws, c. 497, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter I. Inchoate Crimes › § 522. Joinder and venue in conspiracy prosecutions.

§ 522. Joinder and venue in conspiracy prosecutions.
(a) Subject to subsection (b) of this section, 2 or more persons charged with conspiracy to commit a crime may be prosecuted jointly if:
(1) They are charged with conspiring with one another; or
(2) The conspiracies alleged, whether they have the same or different parties, are so related that they constitute different aspects of a scheme of organized criminal conduct.
(b) In any joint prosecution under subsection (a) of this section:
(1) No defendant shall be charged with a conspiracy in any county other than one in which the defendant entered into the conspiracy or one in which an overt act pursuant to the conspiracy was done by the defendant or by a person with whom the defendant conspired; and
(2) Neither the criminal liability of any defendant nor the admissibility against a defendant of evidence of acts or declarations of another shall be enlarged by the joinder; and
(3) The court may order a severance or take a special verdict as to any defendant who so requests, if it deems such action necessary or appropriate to promote the fair determination of guilt or innocence, and the court may take any other proper measures to protect the fairness of the trial.
11 Del. C. 1953, §  522;  58 Del. Laws, c. 497, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter I. Inchoate Crimes › § 523. Criminal solicitation and conspiracy unaffected by matters relating to the complicity of other persons.

§ 523. Criminal solicitation and conspiracy unaffected by matters relating to the complicity of other persons.
(a) It is no defense to a prosecution for criminal solicitation that the person solicited could not be guilty of the crime solicited because of irresponsibility or other legal incapacity or exemption, or because of unawareness of the criminal nature of the conduct solicited or of the defendant's criminal purpose or because of other factors precluding the mental state required for the commission of the crime in question.
(b) It is no defense to a prosecution for criminal conspiracy that, because of irresponsibility or other legal incapacity or exemption, or because of unawareness of the criminal nature of the agreement or the conduct contemplated or of the defendant's criminal purpose or because of other factors precluding the mental state required for commission of the conspiracy or the crime contemplated, 1 or more of the defendant's coconspirators could not be guilty of the conspiracy or the crime contemplated.
11 Del. C. 1953, §  523;  58 Del. Laws, c. 497, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter I. Inchoate Crimes › § 531. Attempt to commit a crime.

§ 531. Attempt to commit a crime.
A person is guilty of an attempt to commit a crime if the person:
(1) Intentionally engages in conduct which would constitute the crime if the attendant circumstances were as the person believes them to be; or
(2) Intentionally does or omits to do anything which, under the circumstances as the person believes them to be, is a substantial step in a course of conduct planned to culminate in the commission of the crime by the person.
Attempt to commit a crime is an offense of the same grade and degree as the most serious offense which the accused is found guilty of attempting.
11 Del. C. 1953, §  531;  58 Del. Laws, c. 497, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter I. Inchoate Crimes › § 532. “Substantial step” defined.

§ 532. “Substantial step” defined.
A “substantial step” under § 531 of this title is an act or omission which leaves no reasonable doubt as to the defendant's intention to commit the crime which the defendant is charged with attempting.
11 Del. C. 1953, §  532;  58 Del. Laws, c. 497, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter I. Inchoate Crimes › § 533. Conduct intended to aid another to commit a crime.

§ 533. Conduct intended to aid another to commit a crime.
A person who engages in conduct intended to aid another person to commit a crime is guilty of an attempt to commit the crime, although the crime is not committed or attempted by the other person, provided that the conduct would establish the person's complicity under § 271 of this title if the crime were committed by the other person.
11 Del. C. 1953, §  533;  58 Del. Laws, c. 497, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter I. Inchoate Crimes › § 541. Criminal solicitation, conspiracy, attempt to commit a crime; defense of renunciation.

§ 541. Criminal solicitation, conspiracy, attempt to commit a crime; defense of renunciation.
(a) In any prosecution for criminal solicitation or conspiracy in which the crime solicited or the crime contemplated by the conspiracy was not in fact committed, it is an affirmative defense that, under circumstances manifesting a voluntary and complete renunciation of the criminal purpose, the accused prevented the commission of the crime.
(b) In any prosecution for an attempt to commit a crime it is an affirmative defense that, under circumstances manifesting a voluntary and complete renunciation of the criminal purpose, the accused avoided the commission of the crime attempted by abandoning the criminal effort and, if mere abandonment was insufficient to accomplish avoidance, by taking further and affirmative steps which prevented the commission of the crime attempted.
(c) A renunciation is not “voluntary and complete” within the meaning of this section if it is motivated in whole or in part by:
(1) A belief that circumstances exist which increase the probability of detection or apprehension of the accused or another participant in the criminal enterprise, or which render more difficult the accomplishment of the criminal purpose; or
(2) A decision to postpone the criminal conduct until another time or to transfer the criminal effort to another victim or another but similar objective.
1 Del. C. 1953, §  541;  58 Del. Laws, c. 497, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter I. Inchoate Crimes › § 542. Exemption of law-enforcement officers.

§ 542. Exemption of law-enforcement officers.
Nothing in this subchapter shall apply to any law-enforcement officer or the officer's agent while acting in the lawful performance of duty.
11 Del. C. 1953, §  542;  58 Del. Laws, c. 497, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter II. Offenses Against the Person › § 601. Offensive touching; unclassified misdemeanor; class A misdemeanor.

§ 601. Offensive touching; unclassified misdemeanor; class A misdemeanor.
(a) A person is guilty of offensive touching when the person:
(1) Intentionally touches another person either with a member of his or her body or with any instrument, knowing that the person is thereby likely to cause offense or alarm to such other person; or
(2) Intentionally strikes another person with saliva, urine, feces or any other bodily fluid, knowing that the person is thereby likely to cause offense or alarm to such other person.
(b) When charged with a violation of paragraph (a)(2) of this section, the defendant shall be tested for diseases transmittable through bodily fluids, the cost of such tests to be assessed as costs upon conviction. The results of such tests shall be provided only to the Attorney General, the victim of the offense, the defendant and the Department of Correction's medical care provider.
(c) Any violation of paragraph (a)(1) of this section shall be an unclassified misdemeanor. Notwithstanding the above, any violation of paragraph (a)(1) of this section shall be a class A misdemeanor when the victim is acting in the lawful performance of the victim's duty as 1 of the following:
law-enforcement officer, hospital or nursing home employee, physician, medical professional, ambulance attendant, emergency medical technician, advanced emergency medical technician, paramedic, Delaware State Fire Police Officer, correctional officer, volunteer firefighter or full-time firefighter. Any violation of paragraph (a)(2) of this section shall be a class A misdemeanor.
11 Del. C. 1953, §  601;  58 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 382, §  1;  73 Del. Laws, c. 108, §§  1, 2;  79 Del. Laws, c. 64, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter II. Offenses Against the Person › § 602. Menacing; unclassified misdemeanor.

§ 602. Menacing; unclassified misdemeanor.
(a) A person is guilty of menacing when by some movement of body or any instrument the person intentionally places another person in fear of imminent physical injury.
Menacing is an unclassified misdemeanor.
(b) A person is guilty of aggravated menacing when by displaying what appears to be a deadly weapon that person intentionally places another person in fear of imminent physical injury. Aggravated menacing is a class E felony.
11 Del. C. 1953, §  602;  58 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 159, §§  1, 2;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter II. Offenses Against the Person › § 603. Reckless endangering in the second degree; class A misdemeanor.

§ 603. Reckless endangering in the second degree; class A misdemeanor.
(a) A person is guilty of reckless endangering in the second degree when:
(1) The person recklessly engages in conduct which creates a substantial risk of physical injury to another person; or
(2) Being a parent, guardian or other person legally charged with the care or custody of a child less than 18 years old, the person knowingly, intentionally or with criminal negligence acts in a manner which contributes to or fails to act to prevent the unlawful possession and/or purchase of a firearm by a juvenile. It shall be an absolute defense to this paragraph if the person charged had a lock on the trigger and did not tell or show the juvenile where the key to the trigger lock was kept. It shall also be an absolute defense to this paragraph if the person had locked the firearm in a key or combination locked container and did not tell or show the juvenile where the key was kept or what the combination was.
(b) Reckless endangering in the second degree is a class A misdemeanor.
11 Del. C. 1953, §  603;  58 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 359, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter II. Offenses Against the Person › § 604. Reckless endangering in the first degree; class E felony.

§ 604. Reckless endangering in the first degree; class E felony.
A person is guilty of reckless endangering in the first degree when the person recklessly engages in conduct which creates a substantial risk of death to another person.
Reckless endangering in the first degree is a class E felony.
11 Del. C. 1953, §  604;  58 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  69 Del. Laws, c. 24, §  2;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 34, §  9;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter II. Offenses Against the Person › § 605. Abuse of a pregnant female in the second degree; class C felony.

§ 605. Abuse of a pregnant female in the second degree; class C felony.
(a) A person is guilty of abuse of a pregnant female in the second degree when in the course of or in furtherance of the commission or attempted commission of assault third degree or any violent felony against or upon a pregnant female, or while in immediate flight therefrom, the person recklessly and without her consent causes the unlawful termination of her pregnancy.
(b) It is no defense to a prosecution under this section that the person was unaware that the victim was pregnant.
(c) Prosecution under this section does not preclude prosecution under any other section of the Delaware Code. Abuse of a pregnant female in the second degree is a class C felony.
72 Del. Laws, c. 43, §  3;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter II. Offenses Against the Person › § 606. Abuse of a pregnant female in the first degree; class B felony.

§ 606. Abuse of a pregnant female in the first degree; class B felony.
(a) A person is guilty of abuse of a pregnant female in the first degree when in the course of or in furtherance of the commission or attempted commission of assault third degree any violent felony against or upon a pregnant female, or while in immediate flight therefrom, the person intentionally and without her consent causes the unlawful termination of her pregnancy.
(b) It is no defense to a prosecution under this section that the person was unaware that the victim was pregnant.
(c) Prosecution under this section does not preclude prosecution under any other section of the Delaware Code. Abuse of a pregnant female in the first degree is a class B felony.
72 Del. Laws, c. 43, §  4;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter II. Offenses Against the Person › § 607. Strangulation or suffocation; class B or D felony; penalty; affirmative defense.

§ 607. Strangulation or suffocation; class B or D felony; penalty; affirmative defense.
(a) (1) A person commits the offense of strangulation if the person knowingly or intentionally impedes the normal breathing or circulation of the blood of another person by applying pressure on the throat or neck of the other person.
(2) A person commits the offense of suffocation if the person knowingly or intentionally prevents another person from breathing by blocking or obstructing the nose or mouth of the other person.
(b) (1) Except as provided in paragraph (b)(2) of this section, strangulation or suffocation is a class D felony.
(2) Strangulation or suffocation is a class B felony if:
a. The person used or attempted to use a dangerous instrument or a deadly weapon while committing the offense; or
b. The person caused serious physical injury to the other person while committing the offense; or
c. [Repealed]
d. The person was subject to an existing court order prohibiting contact with the victim at the time of the offense; or
e. The person committed the offense against a pregnant female; or
f. The person committed the offense against a child.
(c) Notwithstanding any provisions of this Code to the contrary, any person who commits an offense under subsection (a) of this section within 5 years of a prior conviction under either subsection (a) or (b) of this section or a substantially similar section of another state, shall receive a minimum sentence of 1 year at Level 5.
(d) The absence of visible bodily injury shall not preclude a conviction under this section.
(e) It is an affirmative defense that an act constituting strangulation was the result of a legitimate medical procedure.
77 Del. Laws, c. 256, §  1;  83 Del. Laws, c. 392, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter II. Offenses Against the Person › § 607A. Aggravated strangulation; penalty; defenses.

§ 607A. Aggravated strangulation; penalty; defenses.
(a) As used in this section:
(1) “Chokehold” means of any of the following:
a. A technique intended to restrict another person's airway, or prevent or restrict the breathing of another person.
b. A technique intended to constrict the flow of blood by applying pressure or force to the carotid artery, the jugular vein, or the side of the neck of another person.
(2) “Law-enforcement officer” means as defined in § 222 of this title.
(b) A person commits the offense of aggravated strangulation if all of the following conditions are satisfied:
(1) The person is a law-enforcement officer.
(2) The person knowingly or intentionally uses a chokehold on another person.
(3) The person is acting within the person's official capacity as a law-enforcement officer.
(c) Notwithstanding §§ 462-468 of this title to the contrary, the use of a chokehold is only justifiable when the person reasonably believes that the use of deadly force is necessary to protect the life of a civilian or a law-enforcement officer.
(d) Except as provided in paragraph (e) of this section, aggravated strangulation is a class D felony.
(e) Aggravated strangulation is a class C felony if the person caused serious physical injury or death to the other person while committing the offense.
(f) A charge under this section does not limit or preclude any other charge being brought against the person.
82 Del. Laws, c. 281, § 1;  83 Del. Laws, c. 37, § 4;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter II. Offenses Against the Person › § 611. Assault in the third degree; class A misdemeanor.

§ 611. Assault in the third degree; class A misdemeanor.
A person is guilty of assault in the third degree when:
(1) The person intentionally or recklessly causes physical injury to another person; or
(2) With criminal negligence the person causes physical injury to another person by means of a deadly weapon or a dangerous instrument.
Assault in the third degree is a class A misdemeanor.
11 Del. C. 1953, §  611;  58 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;