There is a newer version
of
this Section
2017 Delaware Code
Title 11 - Crimes and Criminal Procedure
CHAPTER 3. PROVING AND DISPROVING CRIMINAL GUILT
§ 305. Exemption from criminal liability; affirmative defense to be proved by defendant.
Universal Citation: 11 DE Code § 305 (2017)
When this Criminal Code or another statute specifically exempts a person or activity from the scope of its application and the defendant contends that the defendant is legally entitled to be exempted thereby, the burden is on the defendant to prove, as an affirmative defense, facts necessary to bring the defendant within the exemption.
11 Del. C. 1953, § 305; 58 Del. Laws, c. 497, § 1; 70 Del. Laws, c. 186, § 1.;
Disclaimer: These codes may not be the most recent version. Delaware may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
