Delaware § 431 - Duress as affirmative defense; defense unavailable in certain situations.
Full text of Delaware Delaware Code § 431 — Duress as affirmative defense; defense unavailable in certain situations., with citation guidance and answers to common questions.
§ 431. Duress as affirmative defense; defense unavailable in certain situations.
(a) In any prosecution for an offense, it is an affirmative defense that the defendant engaged in the conduct charged to constitute the offense because the defendant was coerced to do so by the use of, or a threat to use, force against the defendant’s person or the person of another, which a reasonable person in the defendant’s situation would have been unable to resist.
(b) The defense provided by subsection (a) of this section is unavailable if the defendant intentionally or recklessly placed himself or herself in a situation in which it was probable that the defendant would be subjected to duress.
(c) It is not a defense that a woman acted on the command of her husband, unless she acted under such coercion as would establish a defense under this section. The presumption that a woman acting in the presence of her husband is coerced is abolished.
11 Del. C. 1953, § 431; 58 Del. Laws, c. 497, § 1; 70 Del. Laws, c. 186, § 1;Source: official Delaware text · Last verified 2026-08-27
Frequently Asked Questions About Delaware § 431
What does Delaware Code § 431 cover?
Section 431 ("Duress as affirmative defense; defense unavailable in certain situations.") 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 § 431?
A common citation format is "Delaware Code § 431" (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 § 431 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.