In any prosecution for unlawful imprisonment or kidnapping it is an affirmative defense that the accused was a relative of the victim, and the accused’s sole purpose was to assume custody of the victim. In that case, the liability of the accused, if any, is governed by § 785 of this title, and the accused may be convicted under § 785 when indicted for unlawful imprisonment or kidnapping.

11 Del. C. 1953, § ?784; 58 Del. Laws, c. 497, § ?1; 70 Del. Laws, c. 186, § ?1;