Del. P.J.I. Crim. No. 5.30

AFFIRMATIVE DEFENSES

The defendant has asserted the affirmative defense of [defense] to [charge].

The defendant has the burden of proving this affirmative defense by a preponderance

of the evidence.

Proof by a preponderance of the evidence means proof that something is more

likely than not. It means that certain evidence, when compared to the evidence

opposed to it, has the more convincing force and makes you believe that something

is more likely true than not. Preponderance of the evidence does not depend on the

number of witnesses. If the evidence supporting the defense is evenly balanced

against the State’s evidence, then the defendant has not proved the defense by a

preponderance of the evidence. The State has no burden to present any evidence on

this defense.

If, after considering all of the evidence, you find that this affirmative defense

is established by a preponderance of the evidence, then you must find the defendant

not guilty. Even if the defendant has not met this burden of proof for this particular

affirmative defense, you must find the defendant not guilty if you find that the State

has not met its burden of proving its case beyond a reasonable doubt.

* * * * *

Affirmative defenses include, but are not limited to, the following:

4 Del. C. § 708(a)(1). Use of fraudulent identification by a minor in

prosecution for illegal sale of alcohol to a minor.

4 Del. C. § 904(a)(2). Use of fraudulent identification by a minor in

prosecution for illegal sale of alcohol to a minor.

11 Del. C. § 305. Exemption from criminal liability based upon statutory

exemption.

11 Del. C. § 401(a). Not guilty by reason of insanity.

11 Del. C. § 401(b). Guilty, but mentally ill.

11 Del. C. § 431. Duress.

11 Del. C. § 432. Entrapment.

11 Del. C. § 475. Immunity from prosecution.

11 Del. C. § 477. Renunciation of criminal objective in racketeering

prosecution.

11 Del. C. § 541(a). Voluntary and complete renunciation of attempt to commit

a crime.

11 Del. C. § 762(d). Mistake as to age of victim in certain sex crimes.

11 Del. C. § 779. Mistake as to age of victim in dangerous crime against a child

prosecution.

11 Del. C. § 784. Intent to assume custody of relative in kidnaping or unlawful

imprisonment.

11 Del. C. § 801(b). Ownership of building by defendant in arson third degree

prosecution.

11 Del. C. § 802(b). Arson second degree; various defenses.

11 Del. C. § 811(a)(3). Tampering with tangible property of a utility

corporation for a lawful purpose in criminal mischief prosecution.

11 Del. C. § 847(a). Appropriation of property in theft or extortion cases under

claim of right.

11 Del. C. § 847(b). Defendant's belief in truth of a criminal charge in an

extortion case.

11 Del. C. § 849(e). Certain defenses in theft of rental property prosecution.

11 Del. C. § 872. Execution of orders of superior officer by defendant in

falsifying business records prosecution.

11 Del. C. § 902. Cashing or drawing of check by employee in bad check

prosecution.

11 Del. C. § 905. Defendant's intent to meet obligations arising from

unauthorized use of a credit card.

11 Del. C. § 1104. Treatment of child by prayer in endangering the welfare of

a child prosecution.

11 Del. C. § 1113©). Compliance with support orders in criminal non-support

prosecution.

11 Del. C. § 1122. Use of fraudulent identification by a minor in prosecution

for illegal sale of tobacco to a minor.

11 Del. C. § 1231. Retraction of false statement in perjury prosecution.

11 Del. C. § 1247. Compounding a crime; certain defenses.

11 Del. C. § 1312©). Labor picketing in aggravated harassment prosecution.

11 Del. C. § 1312A. Labor picketing in stalking prosecution.

11 Del. C. § 1362. Obscenity; certain defenses.

11 Del. C. §1456. Unlawfully permitting a minor access to a firearm; certain

defenses.

11 Del. C. §1457(f). Legitimate purpose for possessing a weapon in a safe

school and recreation zone.

16 Del. C. § 4754A©). Possession or consumption of non-controlled

prescription drug with residence shared by defendant and prescription holder.

16 Del. C. § 4767(d). Distribution, delivery, or possession of a controlled

substance within a residence located within 1000 feet of a school.

21 Del. C. § 4177(b)(2). Consumption of alcohol after driving in driving under

the influence prosecution.

23 Del. C. § 2302(d). Consumption of alcohol after operation of watercraft in

boating under the influence prosecution.

24 Del. C. § 1629©). Use of fraudulent identification by a minor in prosecution

for permitting a minor to remain upon the premises of an adult entertainment

establishment.