Delaware Code Title 11. Crimes and Criminal Procedure § 206. Method of prosecution when conduct constitutes more than 1 offense

(a) When the same conduct of a defendant may establish the commission of more than 1 offense, the defendant may be prosecuted for each offense.  The defendant's liability for more than 1 offense may be considered by the jury whenever the State's case against the defendant for each offense is established in accordance with § 301 of this title.  The defendant may not, however, be convicted of more than 1 offense if:

(1) One offense is included in the other, as defined in subsection (b) of this section;  or

(2) One offense consists only of an attempt to commit the other;  or

(3) Inconsistent findings of fact are required to establish the commission of the offenses.

(b) A defendant may be convicted of an offense included in an offense charged in the indictment or information.  An offense is so included when:

(1) It is established by the proof of the same or less than all the facts required to establish the commission of the offense charged;  or

(2) It consists of an attempt to commit the offense charged or to commit an offense otherwise included therein;  or

(3) It involves the same result but differs from the offense charged only in the respect that a less serious injury or risk of injury to the same person, property or public interest or a lesser kind of culpability suffices to establish its commission.

(c) The court is not obligated to charge the jury with respect to an included offense unless there is a rational basis in the evidence for a verdict acquitting the defendant of the offense charged and convicting the defendant of the included offense.


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