Delaware Code
Chapter 4. DEFENSES TO CRIMINAL LIABILITY
§ 470. Provisions generally applicable to justification.

(a) When the defendant reasonably believes that the use of force upon or toward the person of another is necessary for any of the purposes for which such relief would establish a justification under § § 462-468 of this title but the defendant is reckless or negligent in having such belief or in acquiring or failing to acquire any knowledge or belief which is material to the justifiability of the use of force, the justification afforded by those sections is unavailable in a prosecution for an offense for which recklessness or negligence, as the case may be, suffices to establish culpability.
(b) When the defendant is justified under §§ 462-468 of this title in using force upon or toward the person of another but the defendant recklessly or negligently injures or creates a risk of injury to innocent persons, the justification afforded by those sections is unavailable in a prosecution for an offense involving recklessness or negligence towards innocent persons.

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.