(a) No person may be found guilty of a criminal offense without proof that the person had the state of mind required by the law defining the offense or by subsection (b) of this section.
(b) When the state of mind sufficient to establish an element of an offense is not prescribed by law, that element is established if a person acts intentionally, knowingly or recklessly.
(c) It is unnecessary to prove the defendant’s state of mind with regard to:
(1) Offenses which constitute violations, unless a particular state of mind is included within the definition of the offenses; or
(2) Offenses defined by statutes other than this Criminal Code, insofar as a legislative purpose to impose strict liability for such offenses or with respect to any material element thereof plainly appears.
In all cases covered by this subsection, it is nevertheless necessary to prove that the act or omission on which liability is based was voluntary as provided in §§ 242 and 243 of this title.
11 Del. C. 1953,
§
251;
58 Del. Laws, c. 497,
§
1;
70 Del. Laws, c. 186,
§
1;
Notes of Decisions
Cited in
6
cases (
3 in the last 5 years), 2015–2026 · leading case:
Waller v. State (Del. 2025).
Waller v. State (Del. 2025).
· cites it 5× “31 Waller does not argue that 11 Del. C. § 251 supplies a default mens rea.”
Jewell v. State (Del. 2025).
· cites it 3× “”126 Though the statute itself does not contain a mens rea requirement, 11 Del. C. § 251(b) provides that “[w]hen the state of mind sufficient to establish an element of an offense to not prescribed by law,” the State must prove that the defendant acted intentionally, knowingly,…”
State v. Pardo (Del. Super. Ct. 2019).
· cites it 2× “In the alternative, Defendant argued that the State should be required to prove Defendant acted intentionally, knowingly, or recklessly pursuant to 11 Del. C. § 251(b)4 because the LSCRD statute did not otherwise include state of mind.”
In Re Joseph A. Hurley (Del. 2020).
“39 See 11 Del. C. § 251(b) (“When the state of mind sufficient to establish an element of an offense is not prescribed by law, that element is established if a person acts intentionally, knowingly or recklessly.”
Cabrera v. State (Del. 2026).
“9 on 11 Del. C. § 251(b), which provides that “[w]hen the state of mind sufficient to establish an element of an offense is not prescribed by law, that element is established if a person acts intentionally, knowingly or recklessly.”
State of Delaware v. Pardo. (Del. Super. Ct. 2015).
“17 17 See 11 Del. C. § 251(a)-(c): (a) No person may be found guilty of a criminal offense without proof that the person had the state of mind required by the law defining the offense or by subsection (b) of this section.”
11 Del. C. § 251(a): 1 case
State of Delaware v. Pardo. (Del. Super. Ct. 2015).
“17 17 See 11 Del. C. § 251(a)-(c): (a) No person may be found guilty of a criminal offense without proof that the person had the state of mind required by the law defining the offense or by subsection (b) of this section.”
11 Del. C. § 251(b): 5 cases
Jewell v. State (Del. 2025).
“”126 Though the statute itself does not contain a mens rea requirement, 11 Del. C. § 251(b) provides that “[w]hen the state of mind sufficient to establish an element of an offense to not prescribed by law,” the State must prove that the defendant acted intentionally, knowingly,…”
Waller v. State (Del. 2025).
“31 Waller does not argue that 11 Del. C. § 251 supplies a default mens rea.”
State v. Pardo (Del. Super. Ct. 2019).
“In the alternative, Defendant argued that the State should be required to prove Defendant acted intentionally, knowingly, or recklessly pursuant to 11 Del. C. § 251(b)4 because the LSCRD statute did not otherwise include state of mind.”
In Re Joseph A. Hurley (Del. 2020).
“39 See 11 Del. C. § 251(b) (“When the state of mind sufficient to establish an element of an offense is not prescribed by law, that element is established if a person acts intentionally, knowingly or recklessly.”
Cabrera v. State (Del. 2026).
“9 on 11 Del. C. § 251(b), which provides that “[w]hen the state of mind sufficient to establish an element of an offense is not prescribed by law, that element is established if a person acts intentionally, knowingly or recklessly.”
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treatment. Dots show Syfertize treatment of the citing case itself.