Del. C. » Title 11 — Delaware Criminal Code · CHAPTER 2. General Provisions Concerning Offenses · Crimes and Criminal Procedure
Delaware Code

11 Del. C. § 232 (2026)

Definition relating to elements of offense

✓ current as of May 2026
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“Elements of an offense” are those physical acts, attendant circumstances, results and states of mind which are specifically included within the definition of the offense or, if the definition is incomplete, those states of mind which are supplied by the general provisions of this Criminal Code. Facts establishing jurisdiction and venue and establishing that the offense was committed within the time period prescribed in § 205 of this title must also be proved as elements of the offense.

11 Del. C. 1953, §  232;  58 Del. Laws, c. 497, §  1; 
Notes of Decisions
Cited in 8 cases (2 in the last 5 years), 1976–2023 · leading case: Vogel v. State, 426 So. 2d 863 (Ala. Crim. App. 1980).
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Vogel v. State, 426 So. 2d 863 (Ala. Crim. App. 1980). “Proof of the identity of the item possessed is an element of the offense as contemplated by 11 Del.C. § 232 . A prima facie case is made when some credible evidence tending to prove the existence of each element of the offense has been established.”
State v. Adams, 364 A.2d 1237 (Del. Super. Ct. 1976). “Proof of the identity of the item possessed is an element of the offense as contemplated by 11 Del.C. § 232. A prima facie case is made when some credible evidence tending to prove the existence of each element of the offense has been established.”
Metelus v. State (Del. 2018). · cites it 2× “”11 But when two or more offenses are charged in the same indictment, “the prosecution may be had in any county in which one or more of the offenses is alleged to have been committed.”
State v. Ford (Del. Super. Ct. 2023). · cites it 2× “§ 635; see 11 Del. C. § 232 (defining elements of offense).”
Kelsch v. State (Del. Super. Ct. 2016). “15 11 Del. C. § 232. 16 11 Del. C. § 301(b) (―No person may be convicted of an offense unless each element of the offense is proved beyond a reasonable doubt.”
Kelsch v. State (Del. Super. Ct. 2016). “18 11 Del. C. § 232. 19 11 Del. C. § 301(b) (―No person may be convicted of an offense unless each element of the offense is proved beyond a reasonable doubt.”
Manuel v. State (Del. 2018). “6 11 Del. C. § 232. 7 Id. § 1448 (a), (b). 8 Id.”
Cogan v. State (Del. 2021). “And under 11 Del. C. § 232, in criminal prosecutions, “[f]acts establishing jurisdiction and venue .”
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