Delaware Code
Chapter 4. DEFENSES TO CRIMINAL LIABILITY
§ 452. Consent of victim to inflictions of physical injury as defense.

In any prosecution for an offense involving or threatening physical injury, it is a defense that the victim consented to the infliction of physical injury of the kind done or threatened, provided that:

(1) The physical injury done or threatened by the conduct consented to is not serious physical injury; or
(2) The physical injury done or threatened is a reasonably foreseeable hazard of joint participation in any concerted activity, athletic contest or sport not prohibited by law.

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.