2019 Delaware Code
Title 11 - Crimes and Criminal Procedure
Chapter 2. General Provisions Concerning Offenses
§ 273 Liability for the conduct of another — Exemption.
Unless otherwise provided by this Criminal Code or by the statute defining the offense, a person is not liable for an offense committed by another person if:
(1) The person is a victim of that offense; or
(2) The offense is so defined that the person’s conduct is inevitably incident to its commission; or
(3) The person terminates complicity prior to commission of the offense and:
a. Wholly deprives it of effectiveness in the commission of the offense; or
b. Gives timely warning to the Attorney General or the police or otherwise makes a proper effort to prevent the commission of the offense.
If the actor’s conduct constitutes a separate offense, the actor is liable for that offense only and not for the conduct or offense committed by the other person.
11 Del. C. 1953, § 273; 58 Del. Laws, c. 497, § 1; 70 Del. Laws, c. 186, § 1.
