reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 2. GENERAL PROVISIONS CONCERNING OFFENSES › § 231. Definitions relating to state of mind.

§ 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 nature and degree that failure to perceive it constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation.
(b) “Intentionally”. — A person acts intentionally with respect to an element of an offense when:
(1) If the element involves the nature of the person's conduct or a result thereof, it is the person's conscious object to engage in conduct of that nature or to cause that result; and
(2) If the element involves the attendant circumstances, the person is aware of the existence of such circumstances or believes or hopes that they exist.
(c) “Knowingly”. — A person acts knowingly with respect to an element of an offense when:
(1) If the element involves the nature of the person's conduct or the attendant circumstances, the person is aware that the conduct is of that nature or that such circumstances exist; and
(2) If the element involves a result of the person's conduct, the person is aware that it is practically certain that the conduct will cause that result.
(d) “Negligence”. — A person acts with negligence with respect to an element of an offense when the person fails to exercise the standard of care which a reasonable person would observe in the situation.
(e) “Recklessly”. — A person acts recklessly with respect to an element of an offense when the person is aware of and consciously disregards a substantial and unjustifiable risk that the element exists or will result from the conduct. The risk must be of such a nature and degree that disregard thereof constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation. A person who creates such a risk but is unaware thereof solely by reason of voluntary intoxication also acts recklessly with respect thereto.
11 Del. C. 1953, §  231;  58 Del. Laws, c. 497, §  1;  63 Del. Laws, c. 88, §  6;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 2. GENERAL PROVISIONS CONCERNING OFFENSES › § 232. Definition relating to elements of offense.

§ 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 which are supplied by the general provisions of this Criminal Code. Facts establishing jurisdiction and venue and establishing that the offense was committed within the time period prescribed in § 205 of this title must also be proved as elements of the offense.
11 Del. C. 1953, §  232;  58 Del. Laws, c. 497, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 2. GENERAL PROVISIONS CONCERNING OFFENSES › § 233. Definition and classification of offenses.

§ 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 trust, honor or profit under the State; or
(5) Other penal discipline.
(b) An act or omission is forbidden by a statute of this State if a statute makes the act or omission punishable by any form of punishment mentioned in subsection (a) of this section.
(c) An offense is either a felony, a misdemeanor or a violation. Any offense not specifically designated by law to be a felony or a violation is a misdemeanor.
11 Del. C. 1953, §  233;  58 Del. Laws, c. 497, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 2. GENERAL PROVISIONS CONCERNING OFFENSES › § 234. Definition of terms requiring certain sentences.

§ 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 synonymous.
71 Del. Laws, c. 98, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 2. GENERAL PROVISIONS CONCERNING OFFENSES › § 241. Conviction to precede punishment.

§ 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.
11 Del. C. 1953, §  241;  58 Del. Laws, c. 497, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 2. GENERAL PROVISIONS CONCERNING OFFENSES › § 242. Requirements for criminal liability in general.

§ 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. Laws, c. 497, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 2. GENERAL PROVISIONS CONCERNING OFFENSES › § 243. Definition of “voluntary act.”

§ 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 control thereof for a sufficient period to have been able to terminate possession.
11 Del. C. 1953, §  243;  58 Del. Laws, c. 497, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 2. GENERAL PROVISIONS CONCERNING OFFENSES › § 251. Proof of state of mind required unless otherwise provided; strict liability.

§ 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 the state of mind sufficient to establish an element of an offense is not prescribed by law, that element is established if a person acts intentionally, knowingly or recklessly.
(c) It is unnecessary to prove the defendant's state of mind with regard to:
(1) Offenses which constitute violations, unless a particular state of mind is included within the definition of the offenses; or
(2) Offenses defined by statutes other than this Criminal Code, insofar as a legislative purpose to impose strict liability for such offenses or with respect to any material element thereof plainly appears.
In all cases covered by this subsection, it is nevertheless necessary to prove that the act or omission on which liability is based was voluntary as provided in §§ 242 and 243 of this title.
11 Del. C. 1953, §  251;  58 Del. Laws, c. 497, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 2. GENERAL PROVISIONS CONCERNING OFFENSES › § 252. Prescribed state-of-mind requirement applies to all material elements.

§ 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 the elements of the offense, unless a contrary legislative purpose plainly appears.
11 Del. C. 1953, §  252;  58 Del. Laws, c. 497, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 2. GENERAL PROVISIONS CONCERNING OFFENSES › § 253. Substitutes for criminal negligence, recklessness and knowledge.

§ 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. When a statute provides that criminal negligence suffices to establish an element of an offense, the element also is established if a person acts intentionally, knowingly or recklessly. When recklessness suffices to establish an element of an offense, the element also is established if a person acts intentionally or knowingly. When acting knowingly suffices to establish an element of an offense, the element also is established if a person acts intentionally.
11 Del. C. 1953, §  253;  58 Del. Laws, c. 497, §  1;  76 Del. Laws, c. 101, §  7;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 2. GENERAL PROVISIONS CONCERNING OFFENSES › § 254. Conditional intention.

§ 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;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 2. GENERAL PROVISIONS CONCERNING OFFENSES › § 255. Knowledge of high probability.

§ 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. 1953, §  255;  58 Del. Laws, c. 497, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 2. GENERAL PROVISIONS CONCERNING OFFENSES › § 261. Causation.

§ 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;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 2. GENERAL PROVISIONS CONCERNING OFFENSES › § 262. Intentional or knowing causation; different result from that expected.

§ 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 intended or contemplated, as the case may be, only in the respect that a different person or different property is injured or affected or that the injury or harm intended or contemplated would have been more serious or more extensive than that caused; or
(2) The actual result involves the same kind of injury or harm as the probable result and is not too remote or accidental in its occurrence to have a bearing on the actor's liability or on the gravity of the offense.
11 Del. C. 1953, §  262;  58 Del. Laws, c. 497, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 2. GENERAL PROVISIONS CONCERNING OFFENSES › § 263. Reckless or negligent causation; different result from that expected or overlooked.

§ 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 defendant should be aware unless:
(1) The actual result differs from the probable result only in the respect that a different person or different property is injured or affected or that the probable injury or harm would have been more serious or more extensive than that caused; or
(2) The actual result involves the same kind of injury or harm as the probable result and is not too remote or accidental in its occurrence to have a bearing on the actor's liability or on the gravity of the offense.
11 Del. C. 1953, §  263;  58 Del. Laws, c. 497, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 2. GENERAL PROVISIONS CONCERNING OFFENSES › § 264. Causation in offenses of strict liability.

§ 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, §  264;  58 Del. Laws, c. 497, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 2. GENERAL PROVISIONS CONCERNING OFFENSES › § 271. Liability for the conduct of another — Generally.

§ 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 conduct constituting the offense; or
(2) Intending to promote or facilitate the commission of the offense the person:
a. Solicits, requests, commands, importunes or otherwise attempts to cause the other person to commit it; or
b. Aids, counsels or agrees or attempts to aid the other person in planning or committing it; or
c. Having a legal duty to prevent the commission of the offense, fails to make a proper effort to do so; or
(3) The person's conduct is expressly declared by this Criminal Code or another statute to establish the person's complicity.
Nothing in this section shall apply to any law-enforcement officer or the officer's agent while acting in the lawful performance of duty.
11 Del. C. 1953, §  271;  58 Del. Laws, c. 497, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 2. GENERAL PROVISIONS CONCERNING OFFENSES › § 272. Liability for the conduct of another — No defense.

§ 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 offense in question because of irresponsibility or other legal incapacity or exemption, or because of unawareness of the criminal nature of the conduct in question or of the accused's criminal purpose, or because of other factors precluding the mental state required for the commission of the offense; or
(2) The other person has not been prosecuted for or convicted of any offense based on the conduct in question, or has previously been acquitted thereof, or has been convicted of a different offense or in a different degree, or has legal immunity from prosecution for the conduct in question; or
(3) The offense in question, as defined, can be committed only by a particular class of persons, and the defendant, not belonging to that class, is for that reason legally incapable of committing the offense in an individual capacity, unless imposing liability on the defendant is inconsistent with the purpose of the provision establishing the defendant's incapacity.
11 Del. C. 1953, §  272;  58 Del. Laws, c. 497, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 2. GENERAL PROVISIONS CONCERNING OFFENSES › § 273. Liability for the conduct of another — Exemption.

§ 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 so defined that the person's conduct is inevitably incident to its commission; or
(3) The person terminates complicity prior to commission of the offense and:
a. Wholly deprives it of effectiveness in the commission of the offense; or
b. Gives timely warning to the Attorney General or the police or otherwise makes a proper effort to prevent the commission of the offense.
If the actor's conduct constitutes a separate offense, the actor is liable for that offense only and not for the conduct or offense committed by the other person.
11 Del. C. 1953, §  273;  58 Del. Laws, c. 497, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 2. GENERAL PROVISIONS CONCERNING OFFENSES › § 274. Offenses involving 2 or more persons; convictions for different degrees of offense.

§ 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 compatible with that person's own culpable mental state and with that person's own accountability for an aggravating fact or circumstance.
11 Del. C. 1953, §  274;  58 Del. Laws, c. 497, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 2. GENERAL PROVISIONS CONCERNING OFFENSES › § 275. Indictment as principal and conviction as accomplice; indictment as accomplice and conviction as principal.

§ 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 accomplice to an offense committed by another person may be convicted as a principal.
11 Del. C. 1953, §  275;  58 Del. Laws, c. 497, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 2. GENERAL PROVISIONS CONCERNING OFFENSES › § 281. Criminal liability of organizations.

§ 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 offense is engaged in, authorized, solicited, requested, commanded or recklessly tolerated by the board of directors or by a high managerial agent acting within the scope of employment and in behalf of the organization; or
(3) The conduct constituting the offense is engaged in by an agent of the organization while acting within the scope of employment and in behalf of the organization and:
a. The offense is a misdemeanor or a violation; or
b. The offense is one defined by a statute which clearly indicates a legislative intent to impose such criminal liability on an organization.
11 Del. C. 1953, §  281;  58 Del. Laws, c. 497, §  1;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 71, §§  1, 2;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 2. GENERAL PROVISIONS CONCERNING OFFENSES › § 282. Criminal liability of an individual for organizational conduct.

§ 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 performed in the person's own name or behalf.
11 Del. C. 1953, §  282;  58 Del. Laws, c. 497, §  1;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 71, §§  2, 3;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 2. GENERAL PROVISIONS CONCERNING OFFENSES › § 283. Impermissible organizational activity no defense.

§ 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 Del. Laws, c. 497, §  1;  74 Del. Laws, c. 71, §§  2, 3;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 2. GENERAL PROVISIONS CONCERNING OFFENSES › § 284. Definitions relating to organizational liability.

§ 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 other agent in a position of comparable authority with respect to the formulation of organizational policy or the supervision in a managerial capacity of subordinate employees.
(c) “Organization” means any entity listed in the definition of “person” contained in § 222 of this title, other than an individual human being.
11 Del. C. 1953, §  284;  58 Del. Laws, c. 497, §  1;  74 Del. Laws, c. 71, §§  2, 3, 5;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 3. PROVING AND DISPROVING CRIMINAL GUILT › § 301. State's prima facie case; proof beyond reasonable doubt.

§ 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 unless each element of the offense is proved beyond a reasonable doubt.
(c) In any prosecution for any compound crime, including but not limited to first degree murder under § 636(a)(2) or (a)(6) of this title or for second degree murder under § 635(2) of this title, the corpus delicti of the underlying felony need not be proved independently of a defendant's extrajudicial statement.
11 Del. C. 1953, §  301;  58 Del. Laws, c. 497, §  1;  70 Del. Laws, c. 463, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 3. PROVING AND DISPROVING CRIMINAL GUILT › § 302. Jury instruction for defendant on reasonable doubt.

§ 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 produce whatever evidence the defendant has tending to negate the existence of any element of the offense, and, if the court finds that a reasonable juror might believe that evidence, the defendant is entitled to a jury instruction that the jury must consider whether the evidence raises a reasonable doubt as to the defendant's guilt.
11 Del. C. 1953, §  302;  58 Del. Laws, c. 497, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 3. PROVING AND DISPROVING CRIMINAL GUILT › § 303. Credible evidence to support defenses.

§ 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 it tends to establish the existence of each element of the defense.
(c) If some credible evidence supporting a defense is presented, the defendant is entitled to a jury instruction that the jury must acquit the defendant if they find that the evidence raises a reasonable doubt as to the defendant's guilt.
11 Del. C. 1953, §  303;  58 Del. Laws, c. 497, §  1;  59 Del. Laws, c. 547, §  1;  70 Del. Laws, c. 186, §  1;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 4. DEFENSES TO CRIMINAL LIABILITY › § 453. Circumstances negativing consent as defense.

§ 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 to constitute the offense unless the defendant believes the victim is legally competent; or
(2) It is given by a person who, because of youth, mental illness, mental condition, mental defect, serious mental disorder, psychiatric disorder or intoxication is manifestly unable or known by the defendant to be unable to make a reasonable judgment as to the nature or harmfulness of the conduct charged to constitute the offense; or
(3) It is given by a person whose improvident consent is sought to be prevented by the law defining the offense; or
(4) It is induced by force, duress or deception.
11 Del. C. 1953, §  453;  58 Del. Laws, c. 497, §  1;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 224, §  11;