DE § 471. Definitions relating to justification.

State: Delaware

 

Delaware Criminal Code (D.C.D.)

TITLE 11. Crimes and Criminal Procedure

CHAPTER 4. DEFENSES TO CRIMINAL LIABILITY

§ 471. Definitions relating to justification.

(a) “Deadly force” means force which the defendant uses with the purpose of causing or which the defendant knows creates a substantial risk of causing death or serious physical injury. Purposely firing a firearm in the direction of another person or at a vehicle in which another person is believed to be constitutes deadly force. A threat to cause death or serious bodily harm, by the production of a weapon or otherwise, so long as the defendant’s purpose is limited to creating an apprehension that deadly force will be used if necessary, does not constitute deadly force.

(b) “Dwelling” means any building or structure, though movable or temporary, or a portion thereof, which is for the time being the defendant’s home or place of lodging.

(c) “Force,” in addition to its ordinary meaning, includes confinement.

(d) “Physical force” means force used upon or directed toward the body of another person.

(e) “Unlawful force” means force which is employed without the consent of the person against whom it is directed and the employment of which constitutes an offense or actionable tort or would constitute such offense or tort except for a defense (such as the absence of intent, negligence or mental capacity; duress; youth; or diplomatic status) not amounting to a privilege to use the force. Assent constitutes consent, within the meaning of this section, whether or not it otherwise is legally effective, except assent to the infliction of death or serious bodily harm.