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Delaware Code

4

Del. Code Ann. tit. 11, ch. 4

Defenses to Criminal Liability

401Mental illness or psychiatric disorder 402Rules to prescribe procedures for psychiatric examination; testimony of psychiatrist or other expert 403Verdict of “not guilty by reason of insanity;” commitment to Delaware Psychiatric Center of persons no longer endangering the public safety; periodic review of commitments to Delaware Psychiatric Center; participation of patient in treatment program 404Confinement in Delaware Psychiatric Center of persons too mentally ill to stand trial; requiring State to prove prima facie case in such circumstances; adjustment of sentences 405Confinement in Delaware Psychiatric Center of persons developing mental illness after conviction but before sentencing; adjustment of sentences 406Transfer of convicted persons becoming mentally disabled from prison to Delaware Psychiatric Center; appointment of physicians to conduct inquiry; expenses of transfer 407[Reserved]408Verdict of “guilty, but mentally ill” — Sentence; confinement; discharge from treating facility 409Verdict of “guilty, but mentally ill” — Parole; probation 410-420[Reserved]421Voluntary intoxication 422Intoxication not mental illness 423Involuntary intoxication as a defense 424Definitions relating to intoxication 425-430[Reserved]431Duress as affirmative defense; defense unavailable in certain situations 432Entrapment as affirmative defense; defense unavailable in certain situations 433-440[Reserved]441Ignorance or mistake of fact as defense 442-450[Reserved]451Consent of victim to acts not involving physical injury as defense 452Consent of victim to inflictions of physical injury as defense 453Circumstances negativing consent as defense 454Knowledge of victim’s age 455-460[Reserved]461Justification — A defense 462Justification — Execution of public duty 463Justification — Choice of evils 464Justification — Use of force in self-protection 465Justification — Use of force for the protection of other persons 466Justification — Use of force for the protection of property 467Justification — Use of force in law enforcement 468Justification — Use of force by persons with special responsibility for care, discipline or safety of others 469Justification — Person unlawfully in dwelling 470Provisions generally applicable to justification 471Definitions relating to justification 472Mitigating factors and defenses based on a victim’s sexual orientation, sex, gender, gender identity, or sex assigned at birth 475Immunity as an affirmative defense 476Racketeering activities; excluded defenses 477Organized crime; renunciation