(a) No person may be found guilty of a criminal offense without proof that the person had the state of mind required by the law defining the offense or by subsection (b) of this section.
(b) When the state of mind sufficient to establish an element of an offense is not prescribed by law, that element is established if a person acts intentionally, knowingly or recklessly.
(c) It is unnecessary to prove the defendant's state of mind with regard to:
(1) Offenses which constitute violations, unless a particular state of mind is included within the definition of the offenses; or
(2) Offenses defined by statutes other than this Criminal Code, insofar as a legislative purpose to impose strict liability for such offenses or with respect to any material element thereof plainly appears.
In all cases covered by this subsection, it is nevertheless necessary to prove that the act or omission on which liability is based was voluntary as provided in §§ 242 and 243 of this title.
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.