Justification — Person unlawfully in dwelling.
Del. Code tit. 11, § 469
in effectIn the prosecution of an occupant of a dwelling charged with killing or injuring an intruder who was unlawfully in said dwelling, it shall be a defense that the occupant was in the occupant’s own dwelling at the time of the offense, and:
(1) The encounter between the occupant and intruder was sudden and unexpected, compelling the occupant to act instantly; or
(2) The occupant reasonably believed that the intruder would inflict personal injury upon the occupant or others in the dwelling; or
(3) The occupant demanded that the intruder disarm or surrender, and the intruder refused to do so.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title11/c004/index.htmlFetched: 6/28/2026