Delaware Code
Chapter 4. DEFENSES TO CRIMINAL LIABILITY
§ 431. Duress as affirmative defense; defense unavailable in certain situations.

(a) In any prosecution for an offense, it is an affirmative defense that the defendant engaged in the conduct charged to constitute the offense because the defendant was coerced to do so by the use of, or a threat to use, force against the defendant's person or the person of another, which a reasonable person in the defendant's situation would have been unable to resist.
(b) The defense provided by subsection (a) of this section is unavailable if the defendant intentionally or recklessly placed himself or herself in a situation in which it was probable that the defendant would be subjected to duress.
(c) It is not a defense that a woman acted on the command of her husband, unless she acted under such coercion as would establish a defense under this section. The presumption that a woman acting in the presence of her husband is coerced is abolished.

Structure Delaware Code

Delaware Code

Title 11 - Crimes and Criminal Procedure

Chapter 4. DEFENSES TO CRIMINAL LIABILITY

§ 401. Mental illness or psychiatric disorder.

§ 402. Rules to prescribe procedures for psychiatric examination; testimony of psychiatrist or other expert.

§ 403. Verdict of “not guilty by reason of insanity;” commitment to Delaware Psychiatric Center of persons no longer endangering the public safety; periodic review of commitments to Delaware Psychiatric Center; participation of patient in treatment p...

§ 404. Confinement in Delaware Psychiatric Center of persons too mentally ill to stand trial; requiring State to prove prima facie case in such circumstances; adjustment of sentences.

§ 405. Confinement in Delaware Psychiatric Center of persons developing mental illness after conviction but before sentencing; adjustment of sentences.

§ 406. Transfer of convicted persons becoming mentally disabled from prison to Delaware Psychiatric Center; appointment of physicians to conduct inquiry; expenses of transfer.

§ 408. Verdict of “guilty, but mentally ill” — Sentence; confinement; discharge from treating facility.

§ 409. Verdict of “guilty, but mentally ill” — Parole; probation.

§ 421. Voluntary intoxication.

§ 422. Intoxication not mental illness.

§ 423. Involuntary intoxication as a defense.

§ 424. Definitions relating to intoxication.

§ 431. Duress as affirmative defense; defense unavailable in certain situations.

§ 432. Entrapment as affirmative defense; defense unavailable in certain situations.

§ 441. Ignorance or mistake of fact as defense.

§ 451. Consent of victim to acts not involving physical injury as defense.

§ 452. Consent of victim to inflictions of physical injury as defense.

§ 453. Circumstances negativing consent as defense.

§ 454. Knowledge of victim's age.

§ 461. Justification — A defense.

§ 462. Justification — Execution of public duty.

§ 463. Justification — Choice of evils.

§ 464. Justification — Use of force in self-protection.

§ 465. Justification — Use of force for the protection of other persons.

§ 466. Justification — Use of force for the protection of property.

§ 467. Justification — Use of force in law enforcement.

§ 468. Justification — Use of force by persons with special responsibility for care, discipline or safety of others.

§ 469. Justification — Person unlawfully in dwelling.

§ 470. Provisions generally applicable to justification.

§ 471. Definitions relating to justification.

§ 475. Immunity as an affirmative defense.

§ 476. Racketeering activities; excluded defenses.

§ 477. Organized crime; renunciation.