Delaware Code
11 Del. C. § 423 (2026)
Involuntary intoxication as a defense
✓ current as of May 2026
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In any prosecution for an offense it is a defense that, as a result of intoxication which is not voluntary, the actor at the time of the conduct lacked substantial capacity to appreciate the wrongfulness of the conduct or to perform a material element of the offense, or lacked sufficient willpower to choose whether the person would do the act or refrain from doing it.
11 Del. C. 1953, § 423; 58 Del. Laws, c. 497, § 1; 70 Del. Laws, c. 186, § 1;Notes of Decisions
Cited in 1
case (1 in the last 5 years), 2025–2025 · leading case: Wilkerson v. State (Del. 2025).
Wilkerson v. State (Del. 2025). “46 In considering that issue, the court reviewed 11 Del. C. § 423 (setting out the involuntary intoxication defense); 11 Del.”
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