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Delaware Code Title 11. Crimes and Criminal Procedure § 469. Justification--Person unlawfully in dwelling

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

In the prosecution of an occupant of a dwelling charged with killing or injuring an intruder who was unlawfully in said dwelling, it shall be a defense that the occupant was in the occupant's own dwelling at the time of the offense, and:

(1) The encounter between the occupant and intruder was sudden and unexpected, compelling the occupant to act instantly;  or

(2) The occupant reasonably believed that the intruder would inflict personal injury upon the occupant or others in the dwelling;  or

(3) The occupant demanded that the intruder disarm or surrender, and the intruder refused to do so.

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Cite this article: FindLaw.com - Delaware Code Title 11. Crimes and Criminal Procedure § 469. Justification--Person unlawfully in dwelling - last updated January 01, 2026 | https://codes.findlaw.com/de/title-11-crimes-and-criminal-procedure/de-code-sect-11-469/

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