(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.
Structure Delaware Code
Title 11 - Crimes and Criminal Procedure
Chapter 2. GENERAL PROVISIONS CONCERNING OFFENSES
§ 202. All offenses defined by statute.
§ 203. Principles of construction.
§ 204. Territorial applicability.
§ 206. Method of prosecution when conduct constitutes more than 1 offense.
§ 207. When prosecution is barred by former prosecution for the same offense.
§ 208. When prosecution is barred by former prosecution for different offense.
§ 209. Former prosecution in another jurisdiction; when a bar.
§ 211. Repeal of statutes as affecting existing liabilities.
§ 221. Principles of definitions.
§ 223. Words of gender or number.
§ 231. Definitions relating to state of mind.
§ 232. Definition relating to elements of offense.
§ 233. Definition and classification of offenses.
§ 234. Definition of terms requiring certain sentences.
§ 241. Conviction to precede punishment.
§ 242. Requirements for criminal liability in general.
§ 243. Definition of “voluntary act.”
§ 251. Proof of state of mind required unless otherwise provided; strict liability.
§ 252. Prescribed state-of-mind requirement applies to all material elements.
§ 253. Substitutes for criminal negligence, recklessness and knowledge.
§ 255. Knowledge of high probability.
§ 262. Intentional or knowing causation; different result from that expected.
§ 263. Reckless or negligent causation; different result from that expected or overlooked.
§ 264. Causation in offenses of strict liability.
§ 271. Liability for the conduct of another — Generally.
§ 272. Liability for the conduct of another — No defense.
§ 273. Liability for the conduct of another — Exemption.
§ 274. Offenses involving 2 or more persons; convictions for different degrees of offense.
§ 281. Criminal liability of organizations.
§ 282. Criminal liability of an individual for organizational conduct.