Delaware § 441 - Ignorance or mistake of fact as defense.
Full text of Delaware Delaware Code § 441 — Ignorance or mistake of fact as defense., with citation guidance and answers to common questions.
§ 441. Ignorance or mistake of fact as defense.
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.
11 Del. C. 1953, § 441; 58 Del. Laws, c. 497, § 1;Source: official Delaware text · Last verified 2026-08-27
Frequently Asked Questions About Delaware § 441
What does Delaware Code § 441 cover?
Section 441 ("Ignorance or mistake of fact as defense.") 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 § 441?
A common citation format is "Delaware Code § 441" (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 § 441 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.