Unless otherwise provided by this Criminal Code or by the statute defining the offense, a person is not liable for an offense committed by another person if:
(1) The person is a victim of that offense; or
(2) The offense is so defined that the person’s conduct is inevitably incident to its commission; or
(3) The person terminates complicity prior to commission of the offense and:
a. Wholly deprives it of effectiveness in the commission of the offense; or
b. Gives timely warning to the Attorney General or the police or otherwise makes a proper effort to prevent the commission of the offense.
If the actor’s conduct constitutes a separate offense, the actor is liable for that offense only and not for the conduct or offense committed by the other person.
11 Del. C. 1953,
§
273;
58 Del. Laws, c. 497,
§
1;
70 Del. Laws, c. 186,
§
1;
Notes of Decisions
Cited in
2
cases (
2 in the last 5 years), 2024–2025 · leading case:
Henry v. State (Del. 2025).
Henry v. State (Del. 2025).
· cites it 3× “Under 11 Del. C. § 273, an accomplice can avoid criminal liability if he “terminates [his] complicity prior to commission of the offense” and “[w]holly deprives it of effectiveness in the commission of the offense” or “[g]ives timely warning to the Attorney General or the police…”
State v. Henry (Del. Super. Ct. 2024).
· cites it 2× “Defendant argues that he terminated his complicity because he did not go straight to the backyard, choosing instead to fire off some rounds while he was standing in front of Jacobs’ car; 19 however, this did not terminate his complicity under the meaning of 11 Del. C. §273. Even…”
— 11 Del. C. § 273(d) — 1 case
State v. Henry (Del. Super. Ct. 2024).
“Defendant argues that he terminated his complicity because he did not go straight to the backyard, choosing instead to fire off some rounds while he was standing in front of Jacobs’ car; 19 however, this did not terminate his complicity under the meaning of 11 Del. C. §273. Even…”
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