Delaware Statutes

§ 468 — Justification — Use of force by persons with special responsibility for care, discipline or safety of others

Delaware·Title 11·Part Delaware Criminal Code·Ch. 4 DEFENSES TO CRIMINAL LIABILITY

The use of force upon or toward the person of another is justifiable if it is reasonable and moderate and:

(1)The defendant is the parent, guardian, foster parent, legal custodian or other person similarly responsible for the general care and supervision of a child, or a person acting at the request of a parent, guardian, foster parent, legal custodian or other responsible person, and: a. The force is used for the purpose of safeguarding or promoting the welfare of the child, including the prevention or punishment of misconduct; and b. The force used is intended to benefit the child, or for the special purposes listed in paragraphs (2)a., (3)a., (4)a., (5), (6) and (7) of this section. The size, age, condition of the child, location of the force and the strength and duration of the for

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Legislative History

11 Del. C. 1953, § 468; 58 Del. Laws, c. 497, § 1 ; 68 Del. Laws, c. 442, §§ 1, 2, 4 ; 70 Del. Laws, c. 186, § 1 ; 78 Del. Laws, c. 224, §§ 12, 13 ; 83 Del. Laws, c. 73, § 5

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