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Delaware Code Title 11 Sec. 469 - Justification -- Person unlawfully in dwelling

Delaware Code > Title 11 > Chapter 4 > § 469 - Justification -- Person unlawfully in dwelling


Current as of: 2011

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.

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Delaware Code Title 11 > Chapter 4 - Defenses To Criminal Liability
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