Liability for the conduct of another — Generally.
Del. Code tit. 11, § 271
in effectA person is guilty of an offense committed by another person when:
(1) Acting with the state of mind that is sufficient for commission of the offense, the person causes an innocent or irresponsible person to engage in conduct constituting the offense; or
(2) Intending to promote or facilitate the commission of the offsense the person:
a. Solicits, requests, commands, importunes or otherwise attempts to cause the other person to commit it; or
b. Aids, counsels or agrees or attempts to aid the other person in planning or committing it; or
c. Having a legal duty to prevent the commission of the offense, fails to make a proper effort to do so; or
(3) The person’s conduct is expressly declared by this Criminal Code or another statute to establish the person’s complicity.
Nothing in this section shall apply to any law-enforcement officer or the officer’s agent while acting in the lawful performance of duty.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title11/c002/index.htmlFetched: 6/28/2026
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title11/c002/index.htmlFetched: 10/4/2026