The element of reckless or negligent causation is not established if the actual result is outside the risk of which the defendant is aware or, in the case of negligence, of which the defendant should be aware unless:
(1) The actual result differs from the probable result only in the respect that a different person or different property is injured or affected or that the probable injury or harm would have been more serious or more extensive than that caused; or
(2) The actual result involves the same kind of injury or harm as the probable result and is not too remote or accidental in its occurrence to have a bearing on the actor's liability or on the gravity of the offense.
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.