Delaware Code

11 Del. C. § 462 (2026)

Justification — Execution of public duty

✓ current as of May 2026
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(a) Unless inconsistent with the ensuing sections of this Criminal Code defining justifiable use of physical force, or with some other provision of law, conduct which would otherwise constitute an offense is justifiable when it is required or authorized by a provision of law or by a judicial decree, including:

(1) Laws defining duties and functions of public officers;

(2) Laws defining duties of private citizens to assist public servants in the performance of certain of their functions;

(3) Laws governing the execution of legal process;

(4) Laws governing the military services and the conduct of war; and

(5) Judgments or orders of competent courts or tribunals.

(b) The justification afforded by subsection (a) of this section applies when:

(1) The defendant’s conduct is required or authorized by the judgment or order of a competent court or tribunal or in the lawful execution of legal process, notwithstanding lack of jurisdiction of the court or defect in the legal process; or

(2) The defendant believes the conduct to be required or authorized to assist a public officer in the performance of the officer’s duties, notwithstanding that the officer exceeded the officer’s legal authority.

11 Del. C. 1953, §  462;  58 Del. Laws, c. 497, §  159 Del. Laws, c. 203, §  470 Del. Laws, c. 186, §  1
Notes of Decisions
Cited in 2 cases, 1980–1980 · leading case: In Re Severns, 425 A.2d 156 (Del. Ch. 1980).
In Re Severns, 425 A.2d 156 (Del. Ch. 1980). “For the Attorney General to prosecute a party to this suit or one relying on the Court's order following the issuance of this declaratory judgment would be a classic case of bad faith prosecution.”
Severns v. Wilmington Med. Ctr., Inc., 425 A.2d 156 (Del. Ch. 1980). “For the Attorney General to prosecute a party to this suit or one relying on the Court’s order following the issuance of this declaratory judgment would be a classic case of bad faith prosecution.”
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.