Delaware Code
11 Del. C. § 469 (2026)
Justification — Person unlawfully in dwelling
✓ current as of May 2026
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In the prosecution of an occupant of a dwelling charged with killing or injuring an intruder who was unlawfully in said dwelling, it shall be a defense that the occupant was in the occupant’s own dwelling at the time of the offense, and:
(1) The encounter between the occupant and intruder was sudden and unexpected, compelling the occupant to act instantly; or
(2) The occupant reasonably believed that the intruder would inflict personal injury upon the occupant or others in the dwelling; or
(3) The occupant demanded that the intruder disarm or surrender, and the intruder refused to do so.
63 Del. Laws, c. 276, § 1; 70 Del. Laws, c. 186, § 1;