Del. Code Ann. tit. 11, § 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. (1) The ignorance or mistake negatives the state of mind for the commission of the offense; or
  2. (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. (3) The ignorance or mistake is of a kind that supports a defense of justification as defined in this Criminal Code.

11 Del. C. 1953, § 441; 58 Del. Laws, c. 497, § 1

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