Del. Code 11, § 242 : Crimes And Criminal Procedure — General Provisions Concerning Offenses — Requirements for criminal liability in general Date: 2 Sep 2016 TEXT PDF Current through 2016 Legislative Session, Act 399 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. C. § 242 11 Del. C. 1953, § 242; 58 Del. Laws, c. 497, § 1; 70 Del. Laws, c. 186, § 1.;