Delaware Statutes

§ 466 — Justification — Use of force for the protection of property

Delaware·Title 11·Part Delaware Criminal Code·Ch. 4 DEFENSES TO CRIMINAL LIABILITY
(a)The use of force upon or toward the person of another is justifiable when the defendant reasonably believes that such force is immediately necessary:
(1)To prevent the commission of criminal trespass or burglary in a building or upon real property in the defendant’s possession or in the possession of another person for whose protection the defendant acts; or
(2)To prevent entry upon real property in the defendant’s possession or in the possession of another person for whose protection the defendant acts; or
(3)To prevent theft, criminal mischief or any trespassory taking of tangible, movable property in the defendant’s possession or in the possession of another person for whose protection the defendant acts.
(b)The defendant may in the circumstances named in subsection (a) of t

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Legislative History

11 Del. C. 1953, § 466; 58 Del. Laws, c. 497, § 1 ; 62 Del. Laws, c. 266, §§ 1, 2 ; 70 Del. Laws, c. 186, § 1 ; 83 Del. Laws, c. 73, § 3

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