Delaware Code
11 Del. C. § 847 (2026)
Theft, extortion; claim of right as an affirmative defense
✓ current as of May 2026
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(a) In any prosecution for theft or extortion it is an affirmative defense that the property was appropriated by the actor under a claim of right, made in good faith, to do substantially what the actor did in the manner in which it was done.
(b) In any prosecution for extortion where the facts are as described in § 846(4) of this title, it is an affirmative defense that the accused believed the threatened criminal charge to be true and that the accused’s sole purpose was to compel or induce the victim to take reasonable action to make good the wrong which was the subject of the threatened charge.
11 Del. C. 1953, § 847; 58 Del. Laws, c. 497, § 1; 70 Del. Laws, c. 186, § 1;Notes of Decisions
Cited in 2
cases, 2007–2015 · leading case: Drake v. State, 929 A.2d 768 (Del. 2007).
Drake v. State, 929 A.2d 768 (Del. 2007). “10 The affirmative defense for claim-of-right is provided in 11 Del. C. § 847(a). That statute provides: In any prosecution for theft or extortion it is an affirmative defense that the property was appropriated by the actor under a claim-of-right, made in good faith, to do…”
Dordell v. State (Del. 2015). “(5) Dordell now contends on appeal that under these facts, he had a claim of right to the property and that the jury should have been instructed on the affirmative defense of claim of right pursuant to 11 Del. C. § 847(a). Dordell concedes in his opening brief, however, that the…”
— 11 Del. C. § 847(a) — 2 cases
Drake v. State, 929 A.2d 768 (Del. 2007). “10 The affirmative defense for claim-of-right is provided in 11 Del. C. § 847(a). That statute provides: In any prosecution for theft or extortion it is an affirmative defense that the property was appropriated by the actor under a claim-of-right, made in good faith, to do…”
Dordell v. State (Del. 2015). “(5) Dordell now contends on appeal that under these facts, he had a claim of right to the property and that the jury should have been instructed on the affirmative defense of claim of right pursuant to 11 Del. C. § 847(a). Dordell concedes in his opening brief, however, that the…”
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