(a) In any prosecution for theft or extortion it is an affirmative defense that the property was appropriated by the actor under a claim of right, made in good faith, to do substantially what the actor did in the manner in which it was done.
(b) In any prosecution for extortion where the facts are as described in § 846(4) of this title, it is an affirmative defense that the accused believed the threatened criminal charge to be true and that the accused's sole purpose was to compel or induce the victim to take reasonable action to make good the wrong which was the subject of the threatened charge.
Structure Delaware Code
Title 11 - Crimes and Criminal Procedure
Subchapter III. Offenses Involving Property
§ 801. Arson in the third degree; affirmative defense; class G felony.
§ 802. Arson in the second degree; affirmative defense; class D felony.
§ 803. Arson in the first degree; class C felony.
§ 804. Reckless burning or exploding; class A misdemeanor.
§ 811. Criminal mischief; classification of crime; defense.
§ 813. Theft of property from a cemetery.
§ 821. Criminal trespass in the third degree; a violation.
§ 822. Criminal trespass in the second degree; unclassified misdemeanor.
§ 823. Criminal trespass in the first degree; class A misdemeanor.
§ 824. Burglary in the third degree; class F felony.
§ 825. Burglary in the second degree; class D felony.
§ 826. Burglary in the first degree; class C or B felony.
§ 828. Possession of burglar's tools or instruments facilitating theft; class F felony.
§ 829. Definitions relating to criminal trespass, burglary and home invasion.
§ 831. Robbery in the second degree; class E or D felony.
§ 832. Robbery in the first degree; class B felony.
§ 840. Shoplifting; class G felony; class A misdemeanor.
§ 840A. Use of illegitimate retail sales receipt or Universal Product Code Label.
§ 841A. Theft of a motor vehicle; class G felony.
§ 841B. Theft: Organized retail crime; class A misdemeanor; class E felony.
§ 841C. Possession or theft of a prescription form or a pad.
§ 841D. Wage theft; class E felony.
§ 842. Theft; lost or mislaid property; mistaken delivery.
§ 846. Extortion; class E felony.
§ 847. Theft, extortion; claim of right as an affirmative defense.
§ 848. Misapplication of property; class G felony; class A misdemeanor.
§ 849. Theft of rented property; class A misdemeanor or class G felony.
§ 851. Receiving stolen property; class G felony; class A misdemeanor.
§ 852. Receiving stolen property; presumption of knowledge.
§ 852A. Selling stolen property; class A misdemeanor; class G felony.
§ 853. Unauthorized use of a vehicle; class A misdemeanor.
§ 854. Identity theft; class D felony.
§ 854A. Identity theft passport; application; issuance.
§ 855. Theft; indictment and proof.
§ 857. Theft and related offenses; definitions.
§ 858. Unlawful operation of a recording device.
§ 859. Larceny of livestock; penalty.
§ 860. Possession of shoplifter's tools or instruments facilitating theft; class F felony.
§ 861. Forgery; class F felony; class G felony; class A misdemeanor; restitution required.
§ 862. Possession of forgery devices; class G felony.
§ 863. Forgery and related offenses; definition.
§ 871. Falsifying business records; class A misdemeanor.
§ 872. Falsifying business records; defense.
§ 873. Tampering with public records in the second degree; class A misdemeanor.
§ 876. Tampering with public records in the first degree; class E felony.
§ 877. Offering a false instrument for filing; class A misdemeanor.
§ 878. Issuing a false certificate; class G felony.
§ 881. Bribery; class A misdemeanor.
§ 882. Bribe receiving; class A misdemeanor.
§ 891. Defrauding secured creditors; class A misdemeanor.
§ 892. Fraud in insolvency; class A misdemeanor.
§ 893. Interference with levied-upon property; class A misdemeanor.
§ 900. Issuing a bad check; class A misdemeanor; class G felony.
§ 900A. Conditional discharge for issuing a bad check as first offense.
§ 901. Definition of “issues” and “passes.”
§ 902. Issuance of bad check by employee as affirmative defense.
§ 903. Unlawful use of payment card; class G felony; class A misdemeanor.
§ 903A. Reencoder and scanning devices.
§ 904. Definition of “payment card”.
§ 905. Intention and ability to meet obligations as affirmative defense.
§ 906. Deceptive business practices; class A misdemeanor.
§ 907. Criminal impersonation; class A misdemeanor.
§ 907A. Criminal impersonation, accident related; class G felony.
§ 907C. Impersonation as a member or veteran of the United States Armed Forces, class A misdemeanor.
§ 908. Unlawfully concealing a will; class G felony.
§ 909. Securing execution of documents by deception; class A misdemeanor.
§ 910. Debt adjusting; class B misdemeanor.
§ 911. Fraudulent conveyance of public lands; class G felony.
§ 912. Fraudulent receipt of public lands; class G felony.
§ 913. Insurance fraud; class G felony.
§ 913A. Health-care fraud; class B felony; class D felony; class G felony.
§ 914. Use of consumer identification information.
§ 915. Use of payment card information.
§ 915A. Credit and debit card transaction receipts; unclassified misdemeanor.
§ 920. Transfer of recorded sounds; class G felony.
§ 922. Improper labeling; class G felony.
§ 925. Video privacy protection.
§ 926. Trademark counterfeiting.
§ 933. Theft of computer services.
§ 934. Interruption of computer services.
§ 935. Misuse of computer system information.
§ 936. Destruction of computer equipment.
§ 937. Unrequested or unauthorized electronic mail or use of network or software to cause same.
§ 938. Failure to promptly cease electronic communication upon request.