§ 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.

Legislative History

11 Del. C. 1953, § 262; 58 Del. Laws, c. 497, § 1 ; 70 Del. Laws, c. 186, § 1