Delaware § 469 Justification — Person unlawfully in dwelling

Delaware Statutes

§ 469 — Justification — Person unlawfully in dwelling

Delaware § 469

Title11

PartDelaware Criminal Code

Ch. 4DEFENSES TO CRIMINAL LIABILITY

This text of Delaware § 469 (Justification — Person unlawfully in dwelling) 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, § 469 (2026).

Text

In the prosecution of an occupant of a dwelling charged with killing or injuring an intruder who was unlawfully in said dwelling, it shall be a defense that the occupant was in the occupant’s own dwelling at the time of the offense, and:

(1)The encounter between the occupant and intruder was sudden and unexpected, compelling the occupant to act instantly; or

(2)The occupant reasonably believed that the intruder would inflict personal injury upon the occupant or others in the dwelling; or

(3)The occupant demanded that the intruder disarm or surrender, and the intruder refused to do so.

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In the prosecution of an occupant of a dwelling charged with killing or injuring an intruder who was unlawfully in said dwelling, it shall be a defense that the occupant was in the occupant’s own dwelling at the time of the offense, and:

(1) The encounter between the occupant and intruder was sudden and unexpected, compelling the occupant to act instantly; or

(2) The occupant reasonably believed that the intruder would inflict personal injury upon the occupant or others in the dwelling; or

(3) The occupant demanded that the intruder disarm or surrender, and the intruder refused to do so.