Delaware Code Title 20. Military and Civil Defense § 178. Immunity from civil and criminal liability

(a) Neither this State, nor the National Guard of the State nor, except in cases of wilful misconduct, gross negligence or bad faith, the officers, members, agents or representatives thereof, engaged in any state duty pursuant to this subchapter, shall be liable, either civilly or criminally, for the death of or injury to persons, or for damage to property, as a result of such activity.

(b) The National Guard of the State and the officers, members, agents and representatives thereof, engaged in any state duty pursuant to this subchapter or of Chapter 31 of this title, shall have the authority to enforce any and all laws of this State and any and all ordinances of any municipality wherein such service is performed and shall be considered as officers of this State and of such municipality.

(c) If the National Guard of this State or any officer, member, agent or representative thereof is prosecuted by civil or criminal action, whether State or federal, for an act committed or performed by such organization or person while engaged in any state duty, pursuant to this subchapter or of Chapter 31 of this title, all the expense of the defense of such action or actions, including, without limitation, attorney's fees, witnesses' fees for the defense, defendant's court costs and all costs for transcripts of records and abstracts thereof on appeal by the defense, shall be paid by the State;  provided that the Attorney General of the State shall be first consulted in regard to, and approve of, the selection of the attorney for the defense;  and provided, further, that the Attorney General of the State may, if the Attorney General of the State sees fit, assume the responsibility for the defense of such member and conduct the same personally or by any 1 of the Attorney General assistants.  The expenses of such defense shall be paid by the State Treasurer from any moneys not otherwise appropriated, upon warrants therefor signed by the Adjutant General and countersigned by the Attorney General.

(d) If, as a result of criminal or civil action based all, or in part, on federal law, the National Guard of the State or any officer, member, agent or representative thereof is subject to liability which would not result if this section were applicable, such agency or person shall be completely indemnified and held harmless by the State.

(e) For purposes of this section, no officer, member, agent or representative of the National Guard of the State shall be held to have acted in bad faith, with gross negligence or with wilful misconduct if such person believed at the time of such act that such act was reasonably necessary to comply with this subchapter or Chapter 31 of this title, or any order, rule or regulation promulgated pursuant to such subchapter and chapter or protect such officer, member, agent or representative, other persons or property.