Delaware Code Title 11 Sec. 905 – Intention and ability to meet obligations as affirmative defense
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In any prosecution for unauthorized use of a payment card under § 903(a)(4) of this title it is an affirmative defense that the accused had the intention and ability to meet all obligations to the issuer arising out of the use of the card.
11 Del. C. 1953, § ?905; 58 Del. Laws, c. 497, § ?1; 70 Del. Laws, c. 186, § ?1; 79 Del. Laws, c. 260, § ?4;