(a) In any prosecution for an offense, it is an affirmative defense that the accused engaged in the proscribed conduct because the accused was induced by a law-enforcement official or the law-enforcement official's agent who is acting in the knowing cooperation with such an official to engage in the proscribed conduct constituting such conduct which is a crime when such person is not otherwise disposed to do so. The defense of entrapment as defined by this Criminal Code concedes the commission of the act charged but claims that it should not be punished because of the wrongdoing of the officer originates the idea of the crime and then induces the other person to engage in conduct constituting such a crime when the other person is not otherwise disposed to do so.
(b) The defense afforded by subsection (a) of this section is unavailable when causing or threatening physical injury is an element of the offense charged and the prosecution is based on conduct causing or threatening such injury to a person other than the person perpetrating the entrapment.
Structure Delaware Code
Title 11 - Crimes and Criminal Procedure
Chapter 4. DEFENSES TO CRIMINAL LIABILITY
§ 401. Mental illness or psychiatric disorder.
§ 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.
§ 469. Justification — Person unlawfully in dwelling.
§ 470. Provisions generally applicable to justification.
§ 471. Definitions relating to justification.
§ 475. Immunity as an affirmative defense.