Chapter

Defenses to Criminal Liability

Del. Code tit. 11, § 401— Mental illness or psychiatric disorder
Del. Code tit. 11, § 402— Rules to prescribe procedures for psychiatric examination; testimony of psychiatrist or other expert
Del. Code tit. 11, § 403— Verdict of “not guilty by reason of insanity;” commitment to Delaware Psychiatric Center of persons no longer endangering the public safety; periodic review of commitments to Delaware Psychiatric Center; participation of patient in treatment program
Del. Code tit. 11, § 404— Confinement in Delaware Psychiatric Center of persons too mentally ill to stand trial; requiring State to prove prima facie case in such circumstances; adjustment of sentences
Del. Code tit. 11, § 405— Confinement in Delaware Psychiatric Center of persons developing mental illness after conviction but before sentencing; adjustment of sentences
Del. Code tit. 11, § 406— Transfer of convicted persons becoming mentally disabled from prison to Delaware Psychiatric Center; appointment of physicians to conduct inquiry; expenses of transfer
Del. Code tit. 11, § 407— [Reserved.]
Del. Code tit. 11, § 408— Verdict of “guilty, but mentally ill” — Sentence; confinement; discharge from treating facility
Del. Code tit. 11, § 409— Verdict of “guilty, but mentally ill” — Parole; probation
Del. Code tit. 11, §§ 410-420— [Reserved.]
Del. Code tit. 11, § 421— Voluntary intoxication
Del. Code tit. 11, § 422— Intoxication not mental illness
Del. Code tit. 11, § 423— Involuntary intoxication as a defense
Del. Code tit. 11, § 424— Definitions relating to intoxication
Del. Code tit. 11, §§ 425-430— [Reserved.]
Del. Code tit. 11, § 431— Duress as affirmative defense; defense unavailable in certain situations
Del. Code tit. 11, § 432— Entrapment as affirmative defense; defense unavailable in certain situations
Del. Code tit. 11, §§ 433-440— [Reserved.]
Del. Code tit. 11, § 441— Ignorance or mistake of fact as defense
Del. Code tit. 11, §§ 442-450— [Reserved.]
Del. Code tit. 11, § 451— Consent of victim to acts not involving physical injury as defense
Del. Code tit. 11, § 452— Consent of victim to inflictions of physical injury as defense
Del. Code tit. 11, § 453— Circumstances negativing consent as defense
Del. Code tit. 11, § 454— Knowledge of victim’s age
Del. Code tit. 11, §§ 455-460— [Reserved.]
Del. Code tit. 11, § 461— Justification — A defense
Del. Code tit. 11, § 462— Justification — Execution of public duty
Del. Code tit. 11, § 463— Justification — Choice of evils
Del. Code tit. 11, § 464— Justification — Use of force in self-protection
Del. Code tit. 11, § 465— Justification — Use of force for the protection of other persons
Del. Code tit. 11, § 466— Justification — Use of force for the protection of property
Del. Code tit. 11, § 467— Justification — Use of force in law enforcement
Del. Code tit. 11, § 468— Justification — Use of force by persons with special responsibility for care, discipline or safety of others
Del. Code tit. 11, § 469— Justification — Person unlawfully in dwelling
Del. Code tit. 11, § 470— Provisions generally applicable to justification
Del. Code tit. 11, § 471— Definitions relating to justification
Del. Code tit. 11, § 472— Mitigating factors and defenses based on a victim’s sexual orientation, sex, gender, gender identity, or sex assigned at birth
Del. Code tit. 11, § 475— Immunity as an affirmative defense
Del. Code tit. 11, § 476— Racketeering activities; excluded defenses
Del. Code tit. 11, § 477— Organized crime; renunciation