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Del. Code tit. 11, § 273

Liability for the conduct of another — Exemption

11 Del

Unless otherwise provided by this Criminal Code or by the statute defining the offense, a person is not liable for an offense committed by another person if:

(1) The person is a victim of that offense; or

(2) The offense is so defined that the person’s conduct is inevitably incident to its commission; or

(3) The person terminates complicity prior to commission of the offense and:

a. Wholly deprives it of effectiveness in the commission of the offense; or

b. Gives timely warning to the Attorney General or the police or otherwise makes a proper effort to prevent the commission of the offense.

If the actor’s conduct constitutes a separate offense, the actor is liable for that offense only and not for the conduct or offense committed by the other person.

Official source: Delaware Code Online. Reproduced from public-domain Delaware statutes; confirm against the official source for the current text. Not legal advice.