The element of reckless or negligent causation is not established if the actual result is outside the risk of which the defendant is aware or, in the case of negligence, of which the defendant should be aware unless:

(1) The actual result differs from the probable result only in the respect that a different person or different property is injured or affected or that the probable injury or harm would have been more serious or more extensive than that caused; or

(2) The actual result involves the same kind of injury or harm as the probable result and is not too remote or accidental in its occurrence to have a bearing on the actor’s liability or on the gravity of the offense.

11 Del. C. 1953, § ?263; 58 Del. Laws, c. 497, § ?1; 70 Del. Laws, c. 186, § ?1;

Have a question?
Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In Delaware Code Title 11 Sec. 263

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.