Delaware Code

11 Del. C. § 461 (2026)

Justification — A defense

✓ current as of May 2026

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In any prosecution for an offense, justification, as defined in §§ 462-471 of this title, is a defense.

11 Del. C. 1953, § 461; 58 Del. Laws, c. 497, § 1;

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 1975–2021 · leading case: Pendry v. State, 367 A.2d 627 (Del. 1976).

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Pendry v. State, 367 A.2d 627 (Del. 1976). · cites it 2× “6 IV The defendants’ next contention is that the Trial Court denied them due process and the right to a fair trial by failing to instruct the jury on the defense of justification, 11 Del.C. §§ 461, 464. 7 The record *632 contained no credible evidence that either defendant…”

Hamilton v. State, 343 A.2d 594 (Del. 1975). “11 Del.C. § 461 provides: “§ 461. Justification — A defense.”

Harris v. Donaldson (D. Del. 2021). “To support his position that the claims are not barred by the Eleventh Amendment, Plaintiff refers to 11 Del. C. § 461 and argues that the claim was previously adjudicated.”

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