DE · jury_instructions
Del. P.J.I. Crim. No. 5.1
Statutory Defenses - General
STATUTORY DEFENSES - GENERAL
The defendant has asserted the defense of [defense]. [Define and describe
the defense].
If, after considering all the evidence tending to support [defense], you find
that the evidence raises a reasonable doubt in your mind about the defendant’s
guilt, you must find the defendant not guilty of the crime. You must consider
evidence of this defense along with all other evidence in determining whether the
State has satisfied its burden of proving the defendant’s guilt beyond a reasonable
doubt.
Non-affirmative statutory defenses include, but are not limited to:
Involuntary Intoxication (11 Del. C. § 423)
Ignorance of Mistake or Fact (11 Del. C. § 441)
Consent of Victim (11 Del. C. §§ 451-452)
Justification (11 Del. C. §§ 462-471)
Coercion; truth or motive as defense (11 Del. C. § 792)
Criminal Mischief; claim of right (11 Del. C. § 811©))
Bigamy; certain defenses (11 Del. C. § 1002)
Bribery; conduct of a public servant (11 Del. C. § 1202)
Wiretapping (11 Del. C. § 1336)
Carrying a Concealed Deadly Instrument; lawful purpose (11 Del. C. §
1443(b))
Provenance
- Source
- courts.delaware.gov
- Retrieved
- 2026-09-23
- Edition
- crim-2022-03-14
- Content hash
ed4df44e6554b235473230d21e4b4b419c7c7611b3659c4881954143d4a6eda3
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