Delaware Statutes

§ 905 — Intention and ability to meet obligations as affirmative defense

Delaware·Title 11·Part Delaware Criminal Code·Ch. 5 SPECIFIC OFFENSES·Subch. Offenses Involving Property
In any prosecution for unauthorized use of a payment card under § 903(a)(4) of this title it is an affirmative defense that the accused had the intention and ability to meet all obligations to the issuer arising out of the use of the card.

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Legislative History

11 Del. C. 1953, § 905; 58 Del. Laws, c. 497, § 1 ; 70 Del. Laws, c. 186, § 1 ; 79 Del. Laws, c. 260, § 4

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