Delaware § 231 Definitions relating to state of mind

Delaware Statutes

§ 231 — Definitions relating to state of mind

Delaware § 231

Title11

PartDelaware Criminal Code

Ch. 2GENERAL PROVISIONS CONCERNING OFFENSES

This text of Delaware § 231 (Definitions relating to state of mind) is published on Counsel Stack Legal Research, covering Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Del. Code tit. 11, § 231 (2026).

Text

(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 bel

Free access — add to your briefcase to read the full text and ask questions with AI

(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.