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Code · Delaware · Title 11 — Crimes and Criminal Procedure · Chapter 4. Defenses to Criminal Liability

§ 469. Justification — Person unlawfully in dwelling.

100 words·~1 min read·/de/title-11/chapter-4-defenses-to-criminal-liability/469·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In the prosecution of an occupant of a dwelling charged with killing or injuring an intruder who was unlawfully in said dwelling, it shall be a defense that the occupant was in the occupant’s own dwelling at the time of the offense, and:
(1)The encounter between the occupant and intruder was sudden and unexpected, compelling the occupant to act instantly; or
(2)The occupant reasonably believed that the intruder would inflict personal injury upon the occupant or others in the dwelling; or
(3)The occupant demanded that the intruder disarm or surrender, and the intruder refused to do so.
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