When this Criminal Code or another statute specifically exempts a person or activity from the scope of its application and the defendant contends that the defendant is legally entitled to be exempted thereby, the burden is on the defendant to prove, as an affirmative defense, facts necessary to bring the defendant within the exemption.
Structure Delaware Code
Title 11 - Crimes and Criminal Procedure
Chapter 3. PROVING AND DISPROVING CRIMINAL GUILT
§ 301. State's prima facie case; proof beyond reasonable doubt.
§ 302. Jury instruction for defendant on reasonable doubt.
§ 303. Credible evidence to support defenses.
§ 304. Defendant's affirmative defenses; prove by preponderance of evidence.
§ 305. Exemption from criminal liability; affirmative defense to be proved by defendant.
§ 306. No conclusive presumptions; rebuttable presumptions and proof thereof.
§ 307. Jury inference of defendant's intention, recklessness, knowledge or belief.