DE § 469. Justification — Person unlawfully in dwelling.

DE § 469. Justification — Person unlawfully in dwelling.

State: Delaware

 

Delaware Criminal Code (D.C.D.)

TITLE 11. Crimes and Criminal Procedure

CHAPTER 4. DEFENSES TO CRIMINAL LIABILITY

§ 469. Justification — Person unlawfully in dwelling.

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.

By | 2013-01-11T12:54:50+00:00 January 11th, 2013|Comments Off on DE § 469. Justification — Person unlawfully in dwelling.