Delaware § 305 Exemption from criminal liability; affirmative defense to be proved by defendant

Delaware Statutes

§ 305 — Exemption from criminal liability; affirmative defense to be proved by defendant

Delaware § 305

Title11

PartDelaware Criminal Code

Ch. 3PROVING AND DISPROVING CRIMINAL GUILT

This text of Delaware § 305 (Exemption from criminal liability; affirmative defense to be proved by defendant) 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, § 305 (2026).

Text

When this Criminal Code or another statute specifically exempts a person or activity from the scope of its application and the defendant contends that the defendant is legally entitled to be exempted thereby, the burden is on the defendant to prove, as an affirmative defense, facts necessary to bring the defendant within the exemption.

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