(a) In a criminal prosecution, the voluntary out-of-court prior statement of a witness who is present and subject to cross-examination may be used as affirmative evidence with substantive independent testimonial value.
(b) The rule in subsection (a) of this section shall apply regardless of whether the witness' in-court testimony is consistent with the prior statement or not. The rule shall likewise apply with or without a showing of surprise by the introducing party.
(c) This section shall not be construed to affect the rules concerning the admission of statements of defendants or of those who are codefendants in the same trial. This section shall also not apply to the statements of those whom to cross-examine would be to subject to possible self-incrimination.
Structure Delaware Code
Title 11 - Crimes and Criminal Procedure
Chapter 35. WITNESSES AND EVIDENCE
Subchapter I. General Provisions
§ 3501. Testimony of accused persons.
§ 3503. Prima facie evidence of bank incorporation.
§ 3504. Proof of possession of property.
§ 3506. Obtaining of testimony under court order; witness immunity.
§ 3507. Use of prior statements as affirmative evidence.
§ 3508. Rape — Sufficiency of evidence; proceedings in camera.
§ 3509. Rape — Admissibility of certain evidence.
§ 3510. Admissibility of certificate of title in criminal proceedings involving motor vehicles.
§ 3511. Videotaped deposition and procedures for child witnesses.
§ 3513. Hearsay exception for child victim's or witness's out-of-court statement of abuse.