DE § 470. Provisions generally applicable to justification.

State: Delaware

 

Delaware Criminal Code (D.C.D.)

TITLE 11. Crimes and Criminal Procedure

CHAPTER 4. DEFENSES TO CRIMINAL LIABILITY

§ 470. Provisions generally applicable to justification.

(a) When the defendant believes that the use of force upon or toward the person of another is necessary for any of the purposes for which such relief would establish a justification under §§ 462-468 of this title but the defendant is reckless or negligent in having such belief or in acquiring or failing to acquire any knowledge or belief which is material to the justifiability of the use of force, the justification afforded by those sections is unavailable in a prosecution for an offense for which recklessness or negligence, as the case may be, suffices to establish culpability.

(b) When the defendant is justified under §§ 462-468 of this title in using force upon or toward the person of another but the defendant recklessly or negligently injures or creates a risk of injury to innocent persons, the justification afforded by those sections is unavailable in a prosecution for an offense involving recklessness or negligence towards innocent persons.