(a) The defendant’s intention, recklessness, knowledge or belief at the time of the offense for which the defendant is charged may be inferred by the jury from the circumstances surrounding the act the defendant is alleged to have done. In making the inference permitted by this section, the jury may consider whether a reasonable person in the defendant’s circumstances at the time of the offense would have had or lacked the requisite intention, recklessness, knowledge or belief.
(b) When the defendant’s intention, recklessness, knowledge or belief is an element of an offense, it is sufficient to establish a prima facie case for the State to prove circumstances surrounding the act which the defendant is alleged to have done from which a reasonable juror might infer that the defendant’s intention, recklessness, knowledge or belief was of the sort required for commission of the offense.
11 Del. C. 1953,
§
307;
58 Del. Laws, c. 497,
§
1;
70 Del. Laws, c. 186,
§
1;
Notes of Decisions
Cited in
8
cases (
5 in the last 5 years), 2014–2024 · leading case:
State v. Romeo (Del. Super. Ct. 2019).
State v. Romeo (Del. Super. Ct. 2019).
· cites it 2× “” In denying the motion, the Court held that Romeo “has not articulated the claims he intends to pursue in his motion for postconviction relief’ and thus “failed to establish good cause to justify the 272 11 Del. C. § 307 provides that the jury may infer the defendant’s…”
State v. Herbert (Del. Super. Ct. 2022).
· cites it 2× “at 597 (internal quotation marks omitted) (citing 11 Del. C. § 307 cmt.). 66 Smith, 2014 WL 2927349, at *3.”
State v. Conaway (Del. Super. Ct. 2019).
“The Getz Court addressed the intent element in a rape in the first degree case, as follows: While the State does have the burden of proving intent, as an element of the offense of rape first degree, the requisite state of mind is demonstrated by proof of the defendant’s…”
State v. Jones (Del. Super. Ct. 2022).
“, 11 Del. C. § 307 (1995); State v. Herbert, 2022 WL 811175 , at *3–5 (Del.”
State v. Ford (Del. Super. Ct. 2023).
“So, consistent with 11 Del. C. § 307, the Court read the jury the following “State of Mind” instruction: An element of the criminal offense[s] I have just defined for you deals with the state of mind of the defendant.”
Coker v. State (Del. 2023).
“In making the inference permitted by this section, the jury may consider whether a reasonable person in the defendant’s circumstances at the time of the offense would have had or lacked the requisite intention, recklessness, knowledge or belief.”
State v. Waters (Del. Super. Ct. 2024).
“7 Pursuant to 11 Del. C. §307: (a) The defendant’s intention, recklessness, knowledge, or belief at the time of the offense for which the defendant is charged may be inferred by the jury from the circumstances surrounding the act the defendant is alleged to have done.”
Lake Treasure Holdings, Ltd. (Del. Ch. 2014).
“11 Del. C. § 307(a) (“The defendant's intention, recklessness, knowledge or belief at the time of the offense for which the defendant is charged may be inferred by the jury from the circumstances surrounding the act the defendant is alleged to have done.”
— 11 Del. C. § 307(a) — 3 cases
State v. Conaway (Del. Super. Ct. 2019).
“The Getz Court addressed the intent element in a rape in the first degree case, as follows: While the State does have the burden of proving intent, as an element of the offense of rape first degree, the requisite state of mind is demonstrated by proof of the defendant’s…”
State v. Herbert (Del. Super. Ct. 2022).
“at 597 (internal quotation marks omitted) (citing 11 Del. C. § 307 cmt.). 66 Smith, 2014 WL 2927349, at *3.”
Lake Treasure Holdings, Ltd. (Del. Ch. 2014).
“11 Del. C. § 307(a) (“The defendant's intention, recklessness, knowledge or belief at the time of the offense for which the defendant is charged may be inferred by the jury from the circumstances surrounding the act the defendant is alleged to have done.”
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