Delaware Code

11 Del. C. § 204 (2026)

Territorial applicability

✓ current as of May 2026

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(a) Except as otherwise provided in this section a person may be convicted under the law of this State of an offense committed by the person’s own conduct or by the conduct of another for which the person is legally accountable if:

(1) Either the conduct or the result which is an element of the offense occurs within Delaware; or

(2) Conduct occurring outside the State is sufficient under Delaware law to constitute a conspiracy to commit an offense within the State and an overt act in furtherance of the conspiracy occurs within the State; or

(3) Conduct occurring within the State establishes complicity in the commission of, or an attempt, solicitation or conspiracy to commit, an offense in another jurisdiction which also is an offense under the law of Delaware; or

(4) The offense consists of the omission to perform a legal duty imposed by Delaware law with respect to domicile, residence or a relationship to a person, thing or transaction in the State; or

(5) The offense is based on a statute of Delaware which expressly prohibits conduct outside the State, when the conduct bears a reasonable relation to a legitimate interest of this State and the defendant knows or should know that the defendant’s conduct is likely to affect that interest.

(b) Paragraph (a)(1) of this section does not apply when causing a particular result is an element of an offense and the result is caused by conduct occurring outside Delaware which would not constitute an offense if the result had occurred in the same place, unless the defendant intentionally, knowingly or recklessly caused the result within Delaware.

(c) When the offense is homicide, either the death of the victim or the bodily impact causing death constitutes a “result” within the meaning of paragraph (a)(1) of this section and if the body of a homicide victim is found within this State it is presumed that the result occurred within the State.

11 Del. C. 1953, § 204; 58 Del. Laws, c. 497, § 1; 70 Del. Laws, c. 186, § 1;

Notes of Decisions

Cited in 5 cases (2 in the last 5 years), 1975–2025 · leading case: Saienni v. State, 346 A.2d 152 (Del. 1975).

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Saienni v. State, 346 A.2d 152 (Del. 1975). “11 Del.C. § 204 provides in its pertinent part as follows: (1) Except as otherwise provided in this section a person may be convicted under the law of Delaware of an offense committed by his own conduct or by the conduct of another for which he is legally accountable if: (a)…”

Minnie Sarwal v. Nephrosant, Inc. (Del. Ch. 2025). · cites it 2× “11 Del. C. § 204(a). The Counterclaims do not allege that any conduct or result took place in Delaware.”

Kelsch v. State (Del. Super. Ct. 2016). “Were Delaware to decline jurisdiction over the rape offenses on the ground that the situs of the sexual intercourse could not be proven, there is no guarantee that Maryland would be able to better prove that the offenses occurred there.”

Cogan v. State (Del. 2021). “The territorial applicability of the Delaware Criminal Code is set forth in 11 Del. C. § 204, which, in relevant part, states: (a) Except as otherwise provided in this section a person may be convicted under the law of this State of an offense committed by the person’s own…”

— 11 Del. C. § 204(a) — 1 case

Minnie Sarwal v. Nephrosant, Inc. (Del. Ch. 2025). “11 Del. C. § 204(a). The Counterclaims do not allege that any conduct or result took place in Delaware.”

— 11 Del. C. § 204(a)(5) — 1 case

Minnie Sarwal v. Nephrosant, Inc. (Del. Ch. 2025). “11 Del. C. § 204(a). The Counterclaims do not allege that any conduct or result took place in Delaware.”

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