Del. C. » Title 11 — Delaware Criminal Code · CHAPTER 3. Proving and Disproving Criminal Guilt · Crimes and Criminal Procedure

11 Del. C. § 305

Exemption from criminal liability; affirmative defense to be proved by defendant

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When this Criminal Code or another statute specifically exempts a person or activity from the scope of its application and the defendant contends that the defendant is legally entitled to be exempted thereby, the burden is on the defendant to prove, as an affirmative defense, facts necessary to bring the defendant within the exemption.

11 Del. C. 1953, §  305;  58 Del. Laws, c. 497, §  1;  70 Del. Laws, c. 186, §  1; 
Notes of Decisions
Cited in 4 cases, 2018–2020 · leading case: State v. Newman
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State v. Newman (2018) delsuperct “In denying Newman’s motion for judgment of acquittal at trial, the Court reasoned that Section l459(b) exempted from the statute’s scope firearms manufactured before 1973, and the manufacture date therefore was an affirmative defense under 11 Del. C. § 305. Under Section 305, if…”
Woody v. State (2019) del “(19) 11 Del. C. § 305 is also relevant: [w]hen this Criminal Code or another statute specifically exempts a person or activity from the scope of its application and the defendant contends that the defendant is legally entitled to be exempted thereby, the burden is on the…”
Hudson v. State (2020) del “27 See 11 Del. C. § 305 (“When this Criminal Code or another statute specifically exempts a person or activity from the scope of its application and the defendant contends that the defendant is legally entitled to be exempted thereby, the burden is on the defendant to prove, as…”
Hudson v. State (2020) del “27 See 11 Del. C. § 305 (“When this Criminal Code or another statute specifically exempts a person or activity from the scope of its application and the defendant contends that the defendant is legally entitled to be exempted thereby, the burden is on the defendant to prove, as…”
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