Delaware § 206 Method of prosecution when conduct constitutes more than 1 offense

Delaware Statutes

§ 206 — Method of prosecution when conduct constitutes more than 1 offense

Delaware·Title 11·Part Delaware Criminal Code·Ch. 2 GENERAL PROVISIONS CONCERNING OFFENSES

(a)When the same conduct of a defendant may establish the commission of more than 1 offense, the defendant may be prosecuted for each offense. The defendant’s liability for more than 1 offense may be considered by the jury whenever the State’s case against the defendant for each offense is established in accordance with § 301 of this title. The defendant may not, however, be convicted of more than 1 offense if:

(1)One offense is included in the other, as defined in subsection (b) of this section; or

(2)One offense consists only of an attempt to commit the other; or

(3)Inconsistent findings of fact are required to establish the commission of the offenses.

(b)A defendant may be convicted of an offense included in an offense charged in the indictment or information. An offense is so

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(a) When the same conduct of a defendant may establish the commission of more than 1 offense, the defendant may be prosecuted for each offense. The defendant’s liability for more than 1 offense may be considered by the jury whenever the State’s case against the defendant for each offense is established in accordance with § 301 of this title. The defendant may not, however, be convicted of more than 1 offense if:

(1) One offense is included in the other, as defined in subsection (b) of this section; or

(2) One offense consists only of an attempt to commit the other; or

(3) Inconsistent findings of fact are required to establish the commission of the offenses.

(b) A defendant may be convicted of an offense included in an offense charged in the indictment or information. An offense is so included when:

(1) It is established by the proof of the same or less than all the facts required to establish the commission of the offense charged; or

(2) It consists of an attempt to commit the offense charged or to commit an offense otherwise included therein; or

(3) It involves the same result but differs from the offense charged only in the respect that a less serious injury or risk of injury to the same person, property or public interest or a lesser kind of culpability suffices to establish its commission.

(c) The court is not obligated to charge the jury with respect to an included offense unless there is a rational basis in the evidence for a verdict acquitting the defendant of the offense charged and convicting the defendant of the included offense.

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