Delaware Statutes

§ 471 — Definitions relating to justification

Delaware·Title 11·Part Delaware Criminal Code·Ch. 4 DEFENSES TO CRIMINAL LIABILITY
(a)“Deadly force” means force which the defendant uses with the purpose of causing or which the defendant knows creates a substantial risk of causing death or serious physical injury, including the use of a chokehold as “chokehold” is defined under § 607A of this title. Purposely firing a firearm or projectile weapon in the direction of another person or at a vehicle in which another person is believed to be constitutes deadly force. A threat to cause death or serious bodily harm, by the production of a weapon or otherwise, so long as the defendant’s purpose is limited to creating an apprehension that deadly force will be used if necessary, does not constitute deadly force.
(b)“Dwelling” means any building or structure, though movable or temporary, or a portion thereof, which is for the

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Legislative History

11 Del. C. 1953, § 470; 58 Del. Laws, c. 497, § 1 ; 63 Del. Laws, c. 276, § 1 ; 70 Del. Laws, c. 186, § 1 ; 83 Del. Laws, c. 73, § 7 ; 84 Del. Laws, c. 525, § 2

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