Delaware § 441 Ignorance or mistake of fact as defense

Delaware Statutes

§ 441 — Ignorance or mistake of fact as defense

Delaware·Title 11·Part Delaware Criminal Code·Ch. 4 DEFENSES TO CRIMINAL LIABILITY

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.

Delaware § 441 (Ignorance or mistake of fact as defense) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

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

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