Del. Code 11, § 441 : Crimes And Criminal Procedure — Defenses To Criminal Liability — Ignorance or mistake of fact as defense

  • Date:

Current through 2016 Legislative Session, Act 399

In any prosecution for an offense, it is a defense that the accused engaged in the conduct charged to constitute the offense under ignorance or mistake of fact if:

(1) The ignorance or mistake negatives the state of mind for the commission of the offense; or
(2) The statute defining the offense or a statute related thereto expressly provides that the ignorance or mistake constitutes a defense or exemption; or
(3) The ignorance or mistake is of a kind that supports a defense of justification as defined in this Criminal Code.
Del. C. § 441
11 Del. C. 1953, § 441; 58 Del. Laws, c. 497, § 1.;
SECTIONS