Del. Code 11, § 231 : Crimes And Criminal Procedure — General Provisions Concerning Offenses — Definitions relating to state of mind

2 Sep 2016

Current through 2016 Legislative Session, Act 399

(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. C. § 231
11 Del. C. 1953, § 231; 58 Del. Laws, c. 497, § 1; 63 Del. Laws, c. 88, §6; 70 Del. Laws, c. 186, § 1.;