§ 451 — Consent of victim to acts not involving physical injury as defense

Delaware § 451

• Jurisdiction: Delaware
• Title: 11
• Part: Delaware Criminal Code
• Ch. 4: DEFENSES TO CRIMINAL LIABILITY

Text

In any prosecution for an offense, it is a defense that the victim consented to the act done, provided that:

(1) The act did not involve or threaten physical injury; and

(2) Such consent negatives an element of the offense.

Any person who enters the presence of other people consents to the normal physical contacts incident to such presence.

Legislative History

11 Del. C. 1953, § 451; 58 Del. Laws, c. 497, § 1