Delaware § 441 Ignorance or mistake of fact as defense

Delaware Statutes

§ 441 — Ignorance or mistake of fact as defense

Delaware § 441

Title11

PartDelaware Criminal Code

Ch. 4DEFENSES TO CRIMINAL LIABILITY

This text of Delaware § 441 (Ignorance or mistake of fact as defense) 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, § 441 (2026).

Text

In any prosecution for an offense, it is a defense that the accused engaged in the conduct charged to constitute the offense under ignorance or mistake of fact if:

(1)The ignorance or mistake negatives the state of mind for the commission of the offense; or

(2)The statute defining the offense or a statute related thereto expressly provides that the ignorance or mistake constitutes a defense or exemption; or

(3)The ignorance or mistake is of a kind that supports a defense of justification as defined in this Criminal Code.

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In any prosecution for an offense, it is a defense that the accused engaged in the conduct charged to constitute the offense under ignorance or mistake of fact if:

(1) The ignorance or mistake negatives the state of mind for the commission of the offense; or

(2) The statute defining the offense or a statute related thereto expressly provides that the ignorance or mistake constitutes a defense or exemption; or

(3) The ignorance or mistake is of a kind that supports a defense of justification as defined in this Criminal Code.

Legislative History

11 Del. C. 1953, § 441; 58 Del. Laws, c. 497, § 1

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Bluebook (online)

Delaware § 441, Counsel Stack Legal Research, https://law.counselstack.com/statute/de/11/441.