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Delaware Code Title 11. Crimes and Criminal Procedure § 441. Ignorance or mistake of fact as defense

Current as of January 01, 2026 | Updated by Findlaw Staff

In any prosecution for an offense, it is a defense that the accused engaged in the conduct charged to constitute the offense under ignorance or mistake of fact if:

(1) The ignorance or mistake negatives the state of mind for the commission of the offense;  or

(2) The statute defining the offense or a statute related thereto expressly provides that the ignorance or mistake constitutes a defense or exemption;  or

(3) The ignorance or mistake is of a kind that supports a defense of justification as defined in this Criminal Code.

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Cite this article: FindLaw.com - Delaware Code Title 11. Crimes and Criminal Procedure § 441. Ignorance or mistake of fact as defense - last updated January 01, 2026 | https://codes.findlaw.com/de/title-11-crimes-and-criminal-procedure/de-code-sect-11-441/

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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