Ignorance or mistake of fact as defense.

Del. Code tit. 11, § 441
in effect
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In any prosecution for an offense, it is a defense that the accused engaged in the conduct charged to constitute the offense under ignorance or mistake of fact if: (1) The ignorance or mistake negatives the state of mind for the commission of the offense; or (2) The statute defining the offense or a statute related thereto expressly provides that the ignorance or mistake constitutes a defense or exemption; or (3) The ignorance or mistake is of a kind that supports a defense of justification as defined in this Criminal Code.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title11/c004/index.htmlFetched: 6/28/2026

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