Del. C. » Title 11 — Delaware Criminal Code · CHAPTER 4. Defenses to Criminal Liability · Crimes and Criminal Procedure
Delaware Code

11 Del. C. § 424 (2026)

Definitions relating to intoxication

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As used in §§ 421-423 of this title:

(1) “Intoxication” means the inability, resulting from the introduction of substances into the body, to exercise control over one’s mental faculties.

(2) “Voluntary intoxication” means intoxication caused by substances which the actor knowingly introduces into the actor’s body, the tendency of which to cause intoxication the actor knows or should know, unless the actor introduces them pursuant to medical advice or under such duress as would afford a defense to a prosecution for a criminal offense.

11 Del. C. 1953, §  424;  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, 338 A.3d 477 (Del. 2025).
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Wilkerson v. State, 338 A.3d 477 (Del. 2025). · cites it 4× “78 11 Del. C. § 424 defines both “intoxication” and “voluntary intoxication” as those terms are used in Section 423 and similar provisions.”
11 Del. C. § 424(1): 1 case
Wilkerson v. State, 338 A.3d 477 (Del. 2025). “78 11 Del. C. § 424 defines both “intoxication” and “voluntary intoxication” as those terms are used in Section 423 and similar provisions.”
11 Del. C. § 424(2): 1 case
Wilkerson v. State, 338 A.3d 477 (Del. 2025). “78 11 Del. C. § 424 defines both “intoxication” and “voluntary intoxication” as those terms are used in Section 423 and similar provisions.”
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