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Current as of January 01, 2026 | Updated by Findlaw Staff
(a) “Criminal negligence”.--A person acts with criminal negligence with respect to an element of an offense when the person fails to perceive a risk that the element exists or will result from the conduct. The risk must be of such a nature and degree that failure to perceive it constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation.
(b) “Intentionally”. --A person acts intentionally with respect to an element of an offense when:
(1) If the element involves the nature of the person's conduct or a result thereof, it is the person's conscious object to engage in conduct of that nature or to cause that result; and
(2) If the element involves the attendant circumstances, the person is aware of the existence of such circumstances or believes or hopes that they exist.
(c) “Knowingly”.--A person acts knowingly with respect to an element of an offense when:
(1) If the element involves the nature of the person's conduct or the attendant circumstances, the person is aware that the conduct is of that nature or that such circumstances exist; and
(2) If the element involves a result of the person's conduct, the person is aware that it is practically certain that the conduct will cause that result.
(d) “Negligence”.--A person acts with negligence with respect to an element of an offense when the person fails to exercise the standard of care which a reasonable person would observe in the situation.
(e) “Recklessly”.--A person acts recklessly with respect to an element of an offense when the person is aware of and consciously disregards a substantial and unjustifiable risk that the element exists or will result from the conduct. The risk must be of such a nature and degree that disregard thereof constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation. A person who creates such a risk but is unaware thereof solely by reason of voluntary intoxication also acts recklessly with respect thereto.
Cite this article: FindLaw.com - Delaware Code Title 11. Crimes and Criminal Procedure § 231. Definitions relating to state of mind - last updated January 01, 2026 | https://codes.findlaw.com/de/title-11-crimes-and-criminal-procedure/de-code-sect-11-231/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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