Delaware § 204 - Territorial applicability.
Full text of Delaware Delaware Code § 204 — Territorial applicability., with citation guidance and answers to common questions.
§ 204. Territorial applicability.
(a) Except as otherwise provided in this section a person may be convicted under the law of this State of an offense committed by the person’s own conduct or by the conduct of another for which the person is legally accountable if:
(1) Either the conduct or the result which is an element of the offense occurs within Delaware; or
(2) Conduct occurring outside the State is sufficient under Delaware law to constitute a conspiracy to commit an offense within the State and an overt act in furtherance of the conspiracy occurs within the State; or
(3) Conduct occurring within the State establishes complicity in the commission of, or an attempt, solicitation or conspiracy to commit, an offense in another jurisdiction which also is an offense under the law of Delaware; or
(4) The offense consists of the omission to perform a legal duty imposed by Delaware law with respect to domicile, residence or a relationship to a person, thing or transaction in the State; or
(5) The offense is based on a statute of Delaware which expressly prohibits conduct outside the State, when the conduct bears a reasonable relation to a legitimate interest of this State and the defendant knows or should know that the defendant’s conduct is likely to affect that interest.
(b) Paragraph (a)(1) of this section does not apply when causing a particular result is an element of an offense and the result is caused by conduct occurring outside Delaware which would not constitute an offense if the result had occurred in the same place, unless the defendant intentionally, knowingly or recklessly caused the result within Delaware.
(c) When the offense is homicide, either the death of the victim or the bodily impact causing death constitutes a “result” within the meaning of paragraph (a)(1) of this section and if the body of a homicide victim is found within this State it is presumed that the result occurred within the State.
11 Del. C. 1953, § 204; 58 Del. Laws, c. 497, § 1; 70 Del. Laws, c. 186, § 1;Frequently Asked Questions About Delaware § 204
What does Delaware Code § 204 cover?
Section 204 ("Territorial applicability.") is part of the Delaware Code, the codified statutory law of Delaware. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Delaware § 204?
A common citation format is "Delaware Code § 204" (Delaware). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Delaware law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Delaware official source linked on this page or consult a licensed Delaware attorney.
How does Delaware § 204 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Delaware can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Delaware.