§ 462 — Justification — Execution of public duty

(a) Unless inconsistent with the ensuing sections of this Criminal Code defining justifiable use of physical force, or with some other provision of law, conduct which would otherwise constitute an offense is justifiable when it is required or authorized by a provision of law or by a judicial decree, including:

(1) Laws defining duties and functions of public officers;

(2) Laws defining duties of private citizens to assist public servants in the performance of certain of their functions;

(3) Laws governing the execution of legal process;

(4) Laws governing the military services and the conduct of war; and

(5) Judgments or orders of competent courts or tribunals.

(b) The justification afforded by subsection (a) of this section applies when:

(1) The defendant’s conduct is required or authorized by the judgment or order of a competent court or tribunal or in the lawful execution of legal process, notwithstanding lack of jurisdiction of the court or defect in the legal process; or

(2) The defendant believes the conduct to be required or authorized to assist a public officer in the performance of the officer’s duties, notwithstanding that the officer exceeded the officer’s legal authority.

Legislative History

11 Del. C. 1953, § 462; 58 Del. Laws, c. 497, § 1 ; 59 Del. Laws, c. 203, § 4 ; 70 Del. Laws, c. 186, § 1