Delaware Code
Chapter 4. DEFENSES TO CRIMINAL LIABILITY
§ 476. Racketeering activities; excluded defenses.

(a) In any prosecution under Chapter 15 of this title where it is alleged that the offender or offenders were acting as members of a group or informal organization it shall be no defense to such prosecution or were engaged in any form of racketeering or racketeering activity, that:

(1) One or more members of the group or organization are not criminally responsible for the offense for which the prosecution is brought;
(2) One or more members of the group or organization have been acquitted, have not been prosecuted or convicted, have been convicted of a different offense or are immune from prosecution;
(3) A different person has been charged with, acquitted or convicted of any offense set forth in Chapter 15 of this title.
(b) Once an act of racketeering has been initiated by a group and there is a subsequent change in the number or identity of persons in such group or organization, as long as 2 or more of the original members remain in such group or are involved in a continuing course of conduct constituting an offense under Chapter 15 of this title, it shall be no defense to claim that the defendant was not part of the group or organization.

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