Delaware § 251 Proof of state of mind required unless otherwise provided; strict liability

Delaware Statutes

§ 251 — Proof of state of mind required unless otherwise provided; strict liability

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

(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

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

(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.

Delaware § 251 (Proof of state of mind required unless otherwise provided; strict liability) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.