General Provisions Concerning Offenses

Del. Code tit. 11, ch. 2
in effect

Del. Code tit. 11, § 201 General purposes.

The general purposes of this Criminal Code are: (1) To proscribe conduct which unjustifiably and inexcusably causes or threatens harm to individual or public interests; (2) To give fair warning of the nature of the conduct proscribed and of the sentences authorized upon conviction; (3) To define the act or omission and the accompanying mental state which constitute each offense; (4) To differentiate upon reasonable grounds between serious and minor offenses and to prescribe proportionate penalties therefor; and (5) To insure the public safety by preventing the commission of offenses through the deterrent influence of the sentences authorized, the rehabilitation of those convicted and their confinement when required in the interests of public protection.

Del. Code tit. 11, § 202 All offenses defined by statute.

(a) No conduct constitutes a criminal offense unless it is made a criminal offense by this Criminal Code or by another law. (b) This section does not affect the power of a court to punish for civil contempt or to employ any sanction authorized by law for the enforcement of an order or a civil judgment or decree.

Del. Code tit. 11, § 203 Principles of construction.

The general rule that a penal statute is to be strictly construed does not apply to this Criminal Code, but the provisions herein must be construed according to the fair import of their terms to promote justice and effect the purposes of the law, as stated in § 201 of this title.

Del. Code tit. 11, § 204 Territorial applicability.

(a) Except as otherwise provided in this section a person may be convicted under the law of this State of an offense committed by the person’s own conduct or by the conduct of another for which the person is legally accountable if: (1) Either the conduct or the result which is an element of the offense occurs within Delaware; or (2) Conduct occurring outside the State is sufficient under Delaware law to constitute a conspiracy to commit an offense within the State and an overt act in furtherance of the conspiracy occurs within the State; or (3) Conduct occurring within the State establishes complicity in the commission of, or an attempt, solicitation or conspiracy to commit, an offense in another jurisdiction which also is an offense under the law of Delaware; or (4) The offense consists of the omission to perform a legal duty imposed by Delaware law with respect to domicile, residence or a relationship to a person, thing or transaction in the State; or (5) The offense is based on a statute of Delaware which expressly prohibits conduct outside the State, when the conduct bears a reasonable relation to a legitimate interest of this State and the defendant knows or should know that the defendant’s conduct is likely to affect that interest. (b) Paragraph (a)(1) of this section does not apply when causing a particular result is an element of an offense and the result is caused by conduct occurring outside Delaware which would not constitute an offense if the result had occurred in the same place, unless the defendant intentionally, knowingly or recklessly caused the result within Delaware. (c) When the offense is homicide, either the death of the victim or the bodily impact causing death constitutes a “result” within the meaning of paragraph (a)(1) of this section and if the body of a homicide victim is found within this State it is presumed that the result occurred within the State.

Del. Code tit. 11, § 205 Time limitations.

(a) A prosecution for murder or any class A felony, or any attempt to commit said crimes, may be commenced at any time. (b) Except as otherwise provided in this section, prosecutions for other offenses are subject to the following periods of limitation: (1) A prosecution for any felony except murder or any class A felony, or any attempt to commit said crimes, must be commenced within 5 years after it is committed; (2) A prosecution for a class A misdemeanor must be commenced within 3 years after it is committed; (3) A prosecution for a class B misdemeanor, a class C misdemeanor, an unclassified misdemeanor or a violation must be commenced within 2 years after it is committed. (c) If the period prescribed by subsection (b) of this section has expired, a prosecution for any offense in which the accused’s acts include or constitute forgery, fraud, breach of fiduciary duty or actively concealed theft or misapplication of property by an employee, pledgee, bailee or fiduciary may be commenced within 2 years after discovery of the offense has been made or should have been made in the exercise of ordinary diligence by an aggrieved party or by an authorized agent, fiduciary, guardian, personal representative or parent (in the case of an infant) of an aggrieved party who is not a party to the offense. In no case shall this provision extend the period of limitation otherwise applicable by more than an additional 3 years beyond the period specified in subsection (b) of this section. (d) If the period prescribed by subsection (b) of this section has expired, a prosecution for any offense based upon misconduct in office by a public officer or employee may be commenced at any time when the defendant is in public office or employment or within 2 years thereafter. In no case shall this provision extend the period of limitation otherwise applicable by more than an additional 3 years beyond the period specified in subsection (b) of this section. (e) Notwithstanding the period prescribed by subsection (b) of this section, a prosecution for any crime that is delineated in § 787 of this title and in which the victim is a minor, subpart D of subchapter II of Chapter 5 of this title, or is otherwise defined as a “sexual offense” by § 761 of this title except § 763, § 764 or § 765 of this title, or any attempt to commit said crimes, may be commenced at any time. No prosecution under this subsection shall be based upon the memory of the victim that has been recovered through psychotherapy unless there is some evidence of the corpus delicti independent of such repressed memory. This subsection applies to all causes of action arising before, on or after July 15, 1992, and to the extent consistent with this subsection, it shall revive causes of action that would otherwise be barred by this section. (f) An offense is committed either when every element occurs, or, if a legislative purpose to prohibit a continuing course of conduct plainly appears, at the time when the course of conduct or the defendant’s complicity therein is terminated. Time starts to run on the day after the offense is committed. (g) For purposes of this section, a prosecution is commenced when either an indictment is found or an information is filed. (h) The period of limitation does not run: (1) During any time when the accused is fleeing or hiding from justice so that the accused’s identity or whereabouts within or outside the State cannot be ascertained, despite a diligent search for the accused; or (2) During any time when the accused in a prosecution has become a fugitive from justice by failing to appear for any scheduled court proceeding related to such prosecution for which proper notice under the law was provided or attempted. It is no defense to a prosecution under this paragraph that the person did not receive notice of the scheduled court proceeding. (3) During any time when a prosecution, including a prosecution under a defective indictment or information, against the accused for the same conduct has been commenced and is pending in this State. (i) If the period prescribed by subsection (b) of this section has expired, a prosecution for any offense in this title may be commenced within 10 years after it is committed if based upon forensic DNA testing. (j) In any prosecution in which subsection (c), (d), (e), (h) or (i) of this section is sought to be invoked to avoid the limitation period of subsection (b) of this section, the State must allege and prove the applicability of subsection (c), (d), (e), (h) or (i) as an element of the offense.

Del. Code tit. 11, § 206 Method of prosecution when conduct constitutes more than 1 offense.

(a) When the same conduct of a defendant may establish the commission of more than 1 offense, the defendant may be prosecuted for each offense. The defendant’s liability for more than 1 offense may be considered by the jury whenever the State’s case against the defendant for each offense is established in accordance with § 301 of this title. The defendant may not, however, be convicted of more than 1 offense if: (1) One offense is included in the other, as defined in subsection (b) of this section; or (2) One offense consists only of an attempt to commit the other; or (3) Inconsistent findings of fact are required to establish the commission of the offenses. (b) A defendant may be convicted of an offense included in an offense charged in the indictment or information. An offense is so included when: (1) It is established by the proof of the same or less than all the facts required to establish the commission of the offense charged; or (2) It consists of an attempt to commit the offense charged or to commit an offense otherwise included therein; or (3) It involves the same result but differs from the offense charged only in the respect that a less serious injury or risk of injury to the same person, property or public interest or a lesser kind of culpability suffices to establish its commission. (c) The court is not obligated to charge the jury with respect to an included offense unless there is a rational basis in the evidence for a verdict acquitting the defendant of the offense charged and convicting the defendant of the included offense.

Del. Code tit. 11, § 207 When prosecution is barred by former prosecution for the same offense.

When a prosecution is for a violation of the same statutory provisions and is based upon the same facts as a former prosecution, it is barred by the former prosecution under the following circumstances: (1) The former prosecution resulted in an acquittal which has not subsequently been set aside. There is an acquittal if the prosecution resulted in a finding of not guilty by the trier of fact or in a determination by the court that there was insufficient evidence to warrant a conviction. A finding of guilty of a lesser included offense is an acquittal of the greater inclusive offense, although the conviction is subsequently set aside. (2) The former prosecution was terminated, after the information had been filed or the indictment found, by a final order or judgment for the defendant, which has not been set aside, reversed or vacated and which necessarily required a determination inconsistent with a fact or a legal proposition that must be established for conviction of the offense. (3) The former prosecution resulted in a conviction. There is a conviction if the prosecution resulted in a judgment of conviction which has not been reversed or vacated, a verdict of guilty which has not been set aside and which is capable of supporting a judgment or a plea of guilty or nolo contendere accepted by the court. (4) The former prosecution was improperly terminated. Except as provided in this subdivision there is an improper termination of a prosecution if the termination is for reasons not amounting to an acquittal, and it takes place after the first witness is sworn but before verdict. Termination under any of the following circumstances is not improper: a. The defendant consents to the termination or waives, by motion to dismiss or otherwise, the right to object to the termination. b. The trial court declares a mistrial in accordance with law.

Del. Code tit. 11, § 208 When prosecution is barred by former prosecution for different offense.

Although a prosecution is for a violation of a different statutory provision or is based on different facts, it is barred by a former prosecution in a court having jurisdiction over the subject matter of the second prosecution under the following circumstances: (1) The former prosecution resulted in an acquittal which has not subsequently been set aside or in a conviction as defined in § 207 of this title and the subsequent prosecution is for: a. Any offense of which the defendant could have been convicted on the first prosecution; or b. The same conduct, unless: 1. The offense for which the defendant is subsequently prosecuted requires proof of a fact not required by the former offense and the law defining each of the offenses is intended to prevent a substantially different harm or evil; or 2. The second offense was not consummated when the former trial began. (2) The former prosecution was terminated by an acquittal or by a final order or judgment for the defendant which has not been set aside, reversed or vacated and which acquittal, final order or judgment necessarily required a determination inconsistent with a fact which must be established for conviction of the second offense. (3) The former prosecution was improperly terminated as improper termination is defined in § 207(4) of this title and the subsequent prosecution is for an offense of which the defendant could have been convicted had the former prosecution not been improperly terminated.

Del. Code tit. 11, § 209 Former prosecution in another jurisdiction; when a bar.

When conduct constitutes an offense within the concurrent jurisdiction of this State and of the United States or another state, a prosecution in any such other jurisdiction is a bar to a subsequent prosecution in this State under the following circumstances: (1) The first prosecution resulted in an acquittal which has not subsequently been set aside or in a conviction as defined in § 207 of this title and the subsequent prosecution is based on the same conduct, unless: a. The offense for which the defendant is subsequently prosecuted requires proof of a fact not required by the former offense and the law defining each of the offenses is intended to prevent a substantially different harm or evil; or b. The second offense was not consummated when the former trial began; or (2) The former prosecution was terminated, after the information was filed or the indictment found, by an acquittal or by a final order or judgment for the defendant which has not been set aside, reversed or vacated and which acquittal, final order or judgment necessarily required a determination inconsistent with a fact which must be established for conviction of the offense for which the defendant is subsequently prosecuted; or (3) The former prosecution was improperly terminated as improper termination is defined in § 207(4) of this title and the subsequent prosecution is for an offense of which the defendant could have been convicted had the former prosecution not been improperly terminated.

Del. Code tit. 11, § 210 Former prosecution before court lacking jurisdiction or when fraudulently procured by defendant.

A prosecution is not a bar within the meaning of §§ 207, 208 and 209 of this title under any of the following circumstances: (1) The former prosecution was before a court which lacked jurisdiction over the defendant or the offense; or (2) The former prosecution was procured by the defendant without the knowledge of the appropriate prosecuting officer and with the purpose of avoiding the sentence which might otherwise be imposed; or (3) The former prosecution resulted in a judgment of conviction which was held invalid on appeal or in a subsequent proceeding on a writ of habeas corpus, coram nobis or similar process.

Del. Code tit. 11, § 211 Repeal of statutes as affecting existing liabilities.

(a) The repeal of any statute creating, defining or relating to any criminal offense set forth under the laws of this State, shall not have the effect of releasing or extinguishing any penalty, forfeiture or liability incurred under such statute, unless the repealing act shall so expressly provide, and such statute shall be treated as remaining in full force and effect for the purpose of sustaining any proper action or prosecution for the enforcement of such penalty, forfeiture or liability. (b) Any action, case, prosecution, trial or other legal proceeding in progress under or pursuant to any statute relating to any criminal offense set forth under the laws of this State shall be preserved and shall not become illegal or terminated in the event that such statute is later amended by the General Assembly, irrespective of the stage of such proceeding, unless the amending act expressly provides to the contrary. For the purposes of such proceedings, the prior law shall remain in full force and effect.

Del. Code tit. 11, § 221 Principles of definitions.

(a) In this Criminal Code when the word “means” is employed in defining a word or term, the definition is limited to the meaning given. (b) In this Criminal Code, when the word “includes” is employed in defining a word or term, the definition is not limited to the meaning given, but in appropriate cases the word or term may be defined in any way not inconsistent with the definition given. (c) If a word used in this Criminal Code is not defined herein, it has its commonly accepted meaning, and may be defined as appropriate to fulfill the purposes of the provision as declared in § 201 of this title.

Del. Code tit. 11, § 222 General definitions.

When used in this Criminal Code: (1) “Building,” in addition to its ordinary meaning, includes any structure, vehicle or watercraft. Where a building consists of 2 or more units separately secured or occupied, each unit shall be deemed a separate building. (2) “Controlled substance” or “counterfeit substance” shall have the same meaning as used in Chapter 47 of Title 16. (3) “Conviction” means a verdict of guilty by the trier of fact, whether judge or jury, or a plea of guilty or a plea of nolo contendere accepted by the court. (4) “Covert firearm” means any firearm that is constructed in a shape or configuration such that it does not resemble a firearm. (5) “Dangerous instrument” means all of the following: a. Any instrument, article, or substance which, under the circumstances in which it is used, attempted to be used, or threatened to be used, is readily capable of causing death or serious physical injury. b. Any disabling chemical spray. c. Any electronic control device, including a neuromuscular incapacitation device designed to incapacitate a person. (6) a. “Deadly weapon” includes any of the following: 1. A firearm. 2. A bomb. 3. A knife of any sort, other than an ordinary pocketknife carried in a closed position. 4. A switchblade knife. 5. A billy. 6. A blackjack. 7. A bludgeon. 8. Metal knuckles. 9. A slingshot. 10. A razor. 11. A bicycle chain. 12. An ice pick. 13. A dangerous instrument, which is used, or attempted to be used, to cause death or serious physical injury. 14. A projectile weapon. b. For the purpose of this definition, “ordinary pocketknife” means a knife having a blade not more than 3.75 inches in length. (7) “Defraud” means to acquire a gain or advantage by fraud. (8) “Disabling chemical spray” includes mace, tear gas, pepper spray or any other mixture containing quantities thereof, or any other aerosol spray or any liquid, gaseous or solid substance capable of producing temporary physical discomfort, disability or injury through being vaporized or otherwise dispersed in the air, or any canister, container or device designed or intended to carry, store or disperse such aerosol spray or such gas or solid. (9) “Drug” means any substance or preparation capable of producing any alteration of the physical, mental or emotional condition of a person. (10) “Elderly person” means any person who is 62 years of age or older. Thus, the terms “elderly person” and “person who is 62 years of age or older” shall have the same meaning as used in this Code or in any action brought pursuant to this Code. (11) “Electronic control device” is a device designed to incapacitate a person, including but not limited to a neuromuscular incapacitation device. (12) “Female” means a person of the female sex. (13) “Firearm” means all of the following: a. A weapon from which a shot, projectile, or other object is designed or may readily be converted to be discharged by force of an explosive, whether operable or inoperable, loaded or unloaded. b. A firearm frame or receiver. (14) “Firearm frame or receiver” means the part of the firearm that provides housing for the firearm’s internal components, and includes the hammer, bolt or breechblock, action, and firing mechanism. (15) “Fraud” means an intentional perversion, misrepresentation or concealment of truth. (16) “Gender identity” means a gender-related identity, appearance, expression, or behavior of a person, regardless of the person’s assigned sex at birth. (17) “Law” includes statutes and ordinances. Unless the context otherwise clearly requires, “law” also includes settled principles of the common law of Delaware governing areas other than substantive criminal law. (18) “Law-enforcement officer” includes police officers, the Attorney General and the Attorney General’s deputies, agents of the State Division of Alcohol and Tobacco Enforcement, agents employed by a state, county or municipal law-enforcement agency engaged in monitoring sex offenders, correctional officers, probation and parole officers, state fire marshals, municipal fire marshals that are graduates of a Delaware Police Academy which is accredited/authorized by the Police Officer Standards and Training Commission, sworn members of the City of Wilmington Fire Department who have graduated from a Delaware Police Academy which is authorized/accredited by the Police Officer Standards and Training Commission, environmental protection officers, enforcement agents of the Department of Natural Resources and Environmental Control, and constables. A sheriff or deputy sheriff shall be considered a “law-enforcement officer” when acting upon a specific order of a judge or commissioner of Superior Court. Sheriffs and deputy sheriffs shall not have any arrest authority. However, sheriffs and deputy sheriffs may take into custody and transport a person when specifically so ordered by a judge or commissioner of Superior Court. (19) “Lawful” means in accordance with law or, where the context so requires, not prohibited by law. (20) “Major component of a firearm” means the slide, barrel, cylinder, trigger group, or receiver of a firearm. (21) “Male” means a person of the male sex. (22) “Mental illness” means any condition of the brain or nervous system recognized as a mental disease by a substantial part of the medical profession. (23) “Narcotic drug” shall have the same definition as contained in § 4701 of Title 16. (24) “Oath or affirmation,” for the purpose of warrants, can be made via videophone, telephone, secure electronic means or in person. (25) “Permanently inoperable” means rendered incapable of discharging a projectile by means of an explosive and incapable of being readily restored to a functional state. Cosmetic damage, partial disassembly, removal of parts, or temporary disabling does not constitute permanent inoperability. A firearm or unfinished firearm frame or receiver is permanently inoperable only if the alteration is irreversible and not susceptible to restoration through ordinary tools or commonly available equipment and at least 1 of the following apply: a. The frame or receiver has been welded, filled, or otherwise permanently altered so that it cannot accept or house fire control components. b. The barrel has been permanently welded closed or permanently obstructed. c. The frame or receiver has been cut, torch-cut, or otherwise destroyed in a manner consistent with federal standards for firearm destruction under 27 C.F.R. § 478.92 or guidance issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives. (26) “Person” means a human being who has been born and is alive, and, where appropriate, a public or private corporation, a trust, a firm, a joint stock company, a union, an unincorporated association, a partnership, a government or a governmental instrumentality. (27) “Physical force” means any application of force upon or toward the body of another person. (28) “Physical injury” means impairment of physical condition or substantial pain. (29) “Projectile weapon” means any of the following: a. A bow. b. A crossbow. c. An airbow. d. A weapon designed to discharge or project an arrow, crossbow bolt, or spear. e. An airgun that discharges or projects a pellet, slug, or bullet larger than .177 caliber. (30) “Public transit operator” means a person in control or in charge of a transportation vehicle for public use, in exchange for a fee or charge, offered by any railroad, street railway, traction railway, motor bus, or trolley coach. Specifically excluded are: a. Transportation to and from any school or school-sponsored event when such transportation is under the regulation of the Department of Education; and b. Transportation to and from a church, synagogue or other place of worship; c. Shuttle-type transportation provided by business establishments without charge to customers of the businesses offering such shuttle transportation between fixed termini; and d. Limousine services. (31) “Security exemplar” means an object, to be fabricated at the direction of the United States Attorney General, that is all of the following: a. Constructed of 3.7 ounces of material type 17-4 PH stainless steel in a shape resembling a handgun. b. Suitable for testing and calibrating metal detectors. (32) “Serious mental disorder” means any condition of the brain or nervous system recognized as defective, as compared with an average or normal condition, by a substantial part of the medical profession. (33) “Serious physical injury” means physical injury which creates a substantial risk of death, or which causes serious and prolonged disfigurement, prolonged impairment of health or prolonged loss or impairment of the function of any bodily organ, or which causes the unlawful termination of a pregnancy without the consent of the pregnant female. (34) “Sexual orientation” includes heterosexuality, homosexuality, bisexuality, asexuality, or pansexuality. (35) “Telephone,” in addition to its ordinary meaning, includes any computer (as defined in § 931 of this title) or any other electronic device which is actually used to engage in a wire communication (as defined in § 2401(20) of this title) with any other telephone, computer or electronic device. (36) “Therapeutic abortion” means an abortion performed pursuant to subchapter IX of Chapter 17 of Title 24. (37) “Three-dimensional printer” means a computer or computer-driven machine of device capable of producing a 3-dimensional object from a digital model. (38) “Undetectable firearm” means a firearm constructed entirely of nonmetal substances, or a firearm that after removal of all of the major components of a firearm, is not detectable by walk-through metal detectors calibrated and operated to detect the security exemplar, or firearm which includes a major component of a firearm, which, if subject to the types of detection devices commonly used at airports for security screening, would not generate an image that accurately depicts the shape of the component. It does not include a firearm subject to the provisions of 18 U.S.C. § 922(p)(3) through (6). (39) “Unfinished firearm frame or receiver” means a firearm frame or receiver that requires further machining or molding in order to be used as part of a functional firearm, and which is designed and intended to be used in the assembly of a functional firearm. (40) “Unlawful” means contrary to law or, where the context so requires, not permitted by law. It does not mean wrongful or immoral. (41) “Untraceable firearm” means a firearm for which the sale or distribution chain from a licensed retailer to the point of its first retail sale cannot be traced by law-enforcement officials. “Untraceable firearm” does not include any of the following: a. Firearms manufactured prior to 1968. b. Muzzle-loading firearms designed to use black powder or its equivalent. c. Firearms which are designed as replicas of antique firearms originally manufactured prior to 1898. (42) “Vehicle” includes any means in or by which someone travels or something is carried or conveyed or a means of conveyance or transport, whether or not propelled by its own power.

Del. Code tit. 11, § 223 Words of gender or number.

Unless the context otherwise requires, words denoting the singular number may, and where necessary shall, be construed as denoting the plural number, and words denoting the plural number may, and where necessary shall, be construed as denoting the singular number, and words denoting the masculine gender may, and where necessary shall, be construed as denoting the feminine gender or the neuter gender.

Del. Code tit. 11, § 224 Valuation of property.

Whenever the value of property is determinative of the degree of an accused’s criminal guilt or otherwise relevant in a criminal prosecution, it shall be ascertained as follows: (1) Except as otherwise specified in this section, “value” means the market value of the property at the time and place of the crime, or if that cannot be satisfactorily ascertained, the cost of replacing the property within a reasonable time after the crime. (2) Whether or not they have been issued or delivered, the value of certain written instruments, not including those having a readily ascertainable market value, shall be ascertained as follows: a. The value of an instrument constituting an evidence of debt, such as a check, draft or promissory note, shall be deemed the amount due or collectible thereon or thereby, that figure ordinarily being the face amount of the indebtedness less any portion thereof which has been satisfied. b. The value of any other instrument which creates, releases, discharges or otherwise affects any valuable legal right, privilege or obligation shall be deemed the greatest amount of economic loss which the owner of the instrument might reasonably suffer by virtue of the loss of the instrument. (3) When the value of property cannot satisfactorily be ascertained pursuant to the standards set forth in paragraphs (1) and (2) of this section, its value shall be deemed to be an amount less than $100.

Del. Code tit. 11, § 231 Definitions relating to state of mind.

(a) “Criminal negligence”. — A person acts with criminal negligence with respect to an element of an offense when the person fails to perceive a risk that the element exists or will result from the conduct. The risk must be of such a nature and degree that failure to perceive it constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation. (b) “Intentionally”. — A person acts intentionally with respect to an element of an offense when: (1) If the element involves the nature of the person’s conduct or a result thereof, it is the person’s conscious object to engage in conduct of that nature or to cause that result; and (2) If the element involves the attendant circumstances, the person is aware of the existence of such circumstances or believes or hopes that they exist. (c) “Knowingly”. — A person acts knowingly with respect to an element of an offense when: (1) If the element involves the nature of the person’s conduct or the attendant circumstances, the person is aware that the conduct is of that nature or that such circumstances exist; and (2) If the element involves a result of the person’s conduct, the person is aware that it is practically certain that the conduct will cause that result. (d) “Negligence”. — A person acts with negligence with respect to an element of an offense when the person fails to exercise the standard of care which a reasonable person would observe in the situation. (e) “Recklessly”. — A person acts recklessly with respect to an element of an offense when the person is aware of and consciously disregards a substantial and unjustifiable risk that the element exists or will result from the conduct. The risk must be of such a nature and degree that disregard thereof constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation. A person who creates such a risk but is unaware thereof solely by reason of voluntary intoxication also acts recklessly with respect thereto.

Del. Code tit. 11, § 232 Definition relating to elements of offense.

“Elements of an offense” are those physical acts, attendant circumstances, results and states of mind which are specifically included within the definition of the offense or, if the definition is incomplete, those states of mind which are supplied by the general provisions of this Criminal Code. Facts establishing jurisdiction and venue and establishing that the offense was committed within the time period prescribed in § 205 of this title must also be proved as elements of the offense.

Del. Code tit. 11, § 233 Definition and classification of offenses.

(a) “Crime” or “offense” means an act or omission forbidden by a statute of this State and punishable upon conviction by: (1) Imprisonment; or (2) Fine; or (3) Removal from office; or (4) Disqualification to hold any office of trust, honor or profit under the State; or (5) Other penal discipline. (b) An act or omission is forbidden by a statute of this State if a statute makes the act or omission punishable by any form of punishment mentioned in subsection (a) of this section. (c) An offense is either a felony, a misdemeanor or a violation. Any offense not specifically designated by law to be a felony or a violation is a misdemeanor.

Del. Code tit. 11, § 234 Definition of terms requiring certain sentences.

When used for the purpose of describing or requiring a sentence of incarceration imposed pursuant to this title, the terms “minimum,” “mandatory,” “minimum mandatory” and “mandatory minimum” shall be construed as being synonymous.

Del. Code tit. 11, § 241 Conviction to precede punishment.

The punishments prescribed by this Criminal Code or by any other statute of a criminal nature may be inflicted only after a judgment of conviction by a court having jurisdiction over the person of the defendant and over the subject matter.

Del. Code tit. 11, § 242 Requirements for criminal liability in general.

A person is not guilty of an offense unless liability is based on conduct which includes a voluntary act or the omission to perform an act which the person is physically capable of performing.

Del. Code tit. 11, § 243 Definition of “voluntary act.”

“Voluntary act” means a bodily movement performed consciously or habitually as a result of effort or determination, and includes possession if the defendant knowingly procured or received the thing possessed or was aware of the defendant’s control thereof for a sufficient period to have been able to terminate possession.

Del. Code tit. 11, § 251 Proof of state of mind required unless otherwise provided; strict liability.

(a) No person may be found guilty of a criminal offense without proof that the person had the state of mind required by the law defining the offense or by subsection (b) of this section. (b) When the state of mind sufficient to establish an element of an offense is not prescribed by law, that element is established if a person acts intentionally, knowingly or recklessly. (c) It is unnecessary to prove the defendant’s state of mind with regard to: (1) Offenses which constitute violations, unless a particular state of mind is included within the definition of the offenses; or (2) Offenses defined by statutes other than this Criminal Code, insofar as a legislative purpose to impose strict liability for such offenses or with respect to any material element thereof plainly appears. In all cases covered by this subsection, it is nevertheless necessary to prove that the act or omission on which liability is based was voluntary as provided in §§ 242 and 243 of this title.

Del. Code tit. 11, § 252 Prescribed state-of-mind requirement applies to all material elements.

When a statute defining an offense prescribes the state of mind that is sufficient for the commission of the offense, without distinguishing among the elements thereof, the provision shall apply to all the elements of the offense, unless a contrary legislative purpose plainly appears.

Del. Code tit. 11, § 253 Substitutes for criminal negligence, recklessness and knowledge.

Whenever a statute provides that negligence suffices to establish an element of an offense, the element is also established if a person acts intentionally, knowingly, recklessly or with criminal negligence. When a statute provides that criminal negligence suffices to establish an element of an offense, the element also is established if a person acts intentionally, knowingly or recklessly. When recklessness suffices to establish an element of an offense, the element also is established if a person acts intentionally or knowingly. When acting knowingly suffices to establish an element of an offense, the element also is established if a person acts intentionally.

Del. Code tit. 11, § 254 Conditional intention.

The fact that a defendant’s intention was conditional is immaterial unless the condition negatives the harm or evil sought to be prevented by the statute defining the offense.

Del. Code tit. 11, § 255 Knowledge of high probability.

When knowledge of the existence of a particular fact is an element of an offense, such knowledge is established if a person is aware of a high probability of its existence, unless the person actually believes that it does not exist.

Del. Code tit. 11, § 261 Causation.

Conduct is the cause of a result when it is an antecedent but for which the result in question would not have occurred.

Del. Code tit. 11, § 262 Intentional or knowing causation; different result from that expected.

The element of intentional or knowing causation is not established if the actual result is outside the intention or the contemplation of the defendant unless: (1) The actual result differs from that intended or contemplated, as the case may be, only in the respect that a different person or different property is injured or affected or that the injury or harm intended or contemplated would have been more serious or more extensive than that caused; or (2) The actual result involves the same kind of injury or harm as the probable result and is not too remote or accidental in its occurrence to have a bearing on the actor’s liability or on the gravity of the offense.

Del. Code tit. 11, § 263 Reckless or negligent causation; different result from that expected or overlooked.

The element of reckless or negligent causation is not established if the actual result is outside the risk of which the defendant is aware or, in the case of negligence, of which the defendant should be aware unless: (1) The actual result differs from the probable result only in the respect that a different person or different property is injured or affected or that the probable injury or harm would have been more serious or more extensive than that caused; or (2) The actual result involves the same kind of injury or harm as the probable result and is not too remote or accidental in its occurrence to have a bearing on the actor’s liability or on the gravity of the offense.

Del. Code tit. 11, § 264 Causation in offenses of strict liability.

When causing a particular result is an element of an offense for which strict liability is imposed by law, the element is not established unless the actual result is a probable consequence of the actor’s conduct.

Del. Code tit. 11, § 271 Liability for the conduct of another — Generally.

A person is guilty of an offense committed by another person when: (1) Acting with the state of mind that is sufficient for commission of the offense, the person causes an innocent or irresponsible person to engage in conduct constituting the offense; or (2) Intending to promote or facilitate the commission of the offsense the person: a. Solicits, requests, commands, importunes or otherwise attempts to cause the other person to commit it; or b. Aids, counsels or agrees or attempts to aid the other person in planning or committing it; or c. Having a legal duty to prevent the commission of the offense, fails to make a proper effort to do so; or (3) The person’s conduct is expressly declared by this Criminal Code or another statute to establish the person’s complicity. Nothing in this section shall apply to any law-enforcement officer or the officer’s agent while acting in the lawful performance of duty.

Del. Code tit. 11, § 272 Liability for the conduct of another — No defense.

In any prosecution for an offense in which the criminal liability of the accused is based upon the conduct of another person pursuant to § 271 of this title, it is no defense that: (1) The other person is not guilty of the offense in question because of irresponsibility or other legal incapacity or exemption, or because of unawareness of the criminal nature of the conduct in question or of the accused’s criminal purpose, or because of other factors precluding the mental state required for the commission of the offense; or (2) The other person has not been prosecuted for or convicted of any offense based on the conduct in question, or has previously been acquitted thereof, or has been convicted of a different offense or in a different degree, or has legal immunity from prosecution for the conduct in question; or (3) The offense in question, as defined, can be committed only by a particular class of persons, and the defendant, not belonging to that class, is for that reason legally incapable of committing the offense in an individual capacity, unless imposing liability on the defendant is inconsistent with the purpose of the provision establishing the defendant’s incapacity.

Del. Code tit. 11, § 273 Liability for the conduct of another — Exemption.

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.

Del. Code tit. 11, § 274 Offenses involving 2 or more persons; convictions for different degrees of offense.

When, pursuant to § 271 of this title, 2 or more persons are criminally liable for an offense which is divided into degrees, each person is guilty of an offense of such degree as is compatible with that person’s own culpable mental state and with that person’s own accountability for an aggravating fact or circumstance.

Del. Code tit. 11, § 275 Indictment as principal and conviction as accomplice; indictment as accomplice and conviction as principal.

(a) A person indicted for committing an offense may be convicted as an accomplice to another person guilty of committing the offense. (b) A person indicted as an accomplice to an offense committed by another person may be convicted as a principal.

Del. Code tit. 11, § 281 Criminal liability of organizations.

An organization is guilty of an offense when: (1) The conduct constituting the offense consists of an omission to discharge a specific duty of affirmative performance imposed on organizations by law; or (2) The conduct constituting the offense is engaged in, authorized, solicited, requested, commanded or recklessly tolerated by the board of directors or by a high managerial agent acting within the scope of employment and in behalf of the organization; or (3) The conduct constituting the offense is engaged in by an agent of the organization while acting within the scope of employment and in behalf of the organization and: a. The offense is a misdemeanor or a violation; or b. The offense is one defined by a statute which clearly indicates a legislative intent to impose such criminal liability on an organization.

Del. Code tit. 11, § 282 Criminal liability of an individual for organizational conduct.

A person is criminally liable for conduct constituting an offense which the person performs or causes to be performed in the name of or in behalf of an organization to the same extent as if the conduct were performed in the person’s own name or behalf.

Del. Code tit. 11, § 283 Impermissible organizational activity no defense.

In any prosecution for an offense alleged to have been committed by an organization, it is no defense that the act charged to constitute the offense was an impermissible organizational activity.

Del. Code tit. 11, § 284 Definitions relating to organizational liability.

(a) “Agent” means any director, officer or employee of an organization, or any other person who is authorized to act in behalf of the organization. (b) “High managerial agent” means an officer of an organization or any other agent in a position of comparable authority with respect to the formulation of organizational policy or the supervision in a managerial capacity of subordinate employees. (c) “Organization” means any entity listed in the definition of “person” contained in § 222 of this title, other than an individual human being.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title11/c002/index.htmlFetched: 6/28/2026

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