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Delaware · Through 2026-08-10 (85 Del. Laws, c. 421, 424) · Newer source version available

11 Del. C. § 423: Involuntary intoxication as a defense.

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Where this section sits in the code
  1. Title 11. Crimes and Criminal Procedure
  2. Delaware Criminal Code
  3. CHAPTER 4. Defenses to Criminal Liability

In any prosecution for an offense it is a defense that, as a result of intoxication which is not voluntary, the actor at the time of the conduct lacked substantial capacity to appreciate the wrongfulness of the conduct or to perform a material element of the offense, or lacked sufficient willpower to choose whether the person would do the act or refrain from doing it.

Collected 2026-09-05T23:02:13Z. Source file · JSON

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