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2021 Delaware Code
Title 11 - Crimes and Criminal Procedure
Chapter 4. Defenses to Criminal Liability
§ 441. Ignorance or mistake of fact as defense.
Universal Citation: 11 DE Code § 441. (2021)
§ 441. Ignorance or mistake of fact as defense. 11 Del. C. 1953, § 441; 58 Del. Laws, c. 497, § 1;
In any prosecution for an offense, it is a defense that the accused engaged in the conduct charged to constitute the offense under ignorance or mistake of fact if:
(1) The ignorance or mistake negatives the state of mind for the commission of the offense; or
(2) The statute defining the offense or a statute related thereto expressly provides that the ignorance or mistake constitutes a defense or exemption; or
(3) The ignorance or mistake is of a kind that supports a defense of justification as defined in this Criminal Code.
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