Delaware Code Title 11 Sec. 441 – Ignorance or mistake of fact as defense
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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.
11 Del. C. 1953, § ?441; 58 Del. Laws, c. 497, § ?1;
Terms Used In Delaware Code Title 11 Sec. 441
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
- Statute: A law passed by a legislature.