§ 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.

Legislative History

11 Del. C. 1953, § 263; 58 Del. Laws, c. 497, § 1 ; 70 Del. Laws, c. 186, § 1