Current as of January 01, 2019 | Updated by FindLaw Staff
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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.
Cite this article: FindLaw.com - Delaware Code Title 11. Crimes and Criminal Procedure § 469. Justification--Person unlawfully in dwelling - last updated January 01, 2019 | https://codes.findlaw.com/de/title-11-crimes-and-criminal-procedure/de-code-sect-11-469/
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 or via Westlaw before relying on it for your legal needs.
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