Delaware Code

11 Del. C. § 441 (2026)

Ignorance or mistake of fact as defense

✓ current as of May 2026

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In any prosecution for an offense, it is a defense that the accused engaged in the conduct charged to constitute the offense under ignorance or mistake of fact if:

(1) The ignorance or mistake negatives the state of mind for the commission of the offense; or

(2) The statute defining the offense or a statute related thereto expressly provides that the ignorance or mistake constitutes a defense or exemption; or

(3) The ignorance or mistake is of a kind that supports a defense of justification as defined in this Criminal Code.

11 Del. C. 1953, § 441; 58 Del. Laws, c. 497, § 1;

Notes of Decisions

Cited in 1 case (1 in the last 5 years), 2024–2024 · leading case: Norman v. State (Del. 2024).

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Norman v. State (Del. 2024). · cites it 2× “Robinson5 and 11 Del. C. § 441 in support of his argument.”

— 11 Del. C. § 441(3) — 1 case

Norman v. State (Del. 2024). “Robinson5 and 11 Del. C. § 441 in support of his argument.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.