Defendant’s affirmative defenses; prove by preponderance of evidence.
Del. Code tit. 11, § 304
in effect(a) When a defense declared by this Criminal Code or by another statute to be an affirmative defense is raised at trial, the defendant has the burden of establishing it by a preponderance of the evidence.
(b) Unless the court determines that no reasonable juror could find an affirmative defense established by a preponderance of the evidence presented by the defendant, the defendant is entitled to a jury instruction that the jury must acquit the defendant if they find the affirmative defense established by a preponderance of the evidence.
(c) An affirmative defense is established by a preponderance of the evidence when the jury is persuaded that the evidence makes it more likely than not that each element of the affirmative defense existed at the required time.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title11/c003/index.htmlFetched: 6/28/2026