In the prosecution of an occupant of a dwelling charged with killing or injuring an intruder who was unlawfully in said dwelling, it shall be a defense that the occupant was in the occupant's own dwelling at the time of the offense, and:
(1) The encounter between the occupant and intruder was sudden and unexpected, compelling the occupant to act instantly; or
(2) The occupant reasonably believed that the intruder would inflict personal injury upon the occupant or others in the dwelling; or
(3) The occupant demanded that the intruder disarm or surrender, and the intruder refused to do so.
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.