{"data":{"id":"us-de/11-del.-c.-206","jurisdiction":"us-de","citation":"11 Del. C. § 206","heading":"Method of prosecution when conduct constitutes more than 1 offense.","body":"(a) When the same conduct of a defendant may establish the commission of more than 1 offense, the defendant may be prosecuted for each offense. The defendant’s liability for more than 1 offense may be considered by the jury whenever the State’s case against the defendant for each offense is established in accordance with § 301 of this title. The defendant may not, however, be convicted of more than 1 offense if:\n(1) One offense is included in the other, as defined in subsection (b) of this section; or\n(2) One offense consists only of an attempt to commit the other; or\n(3) Inconsistent findings of fact are required to establish the commission of the offenses.\n(b) A defendant may be convicted of an offense included in an offense charged in the indictment or information. An offense is so included when:\n(1) It is established by the proof of the same or less than all the facts required to establish the commission of the offense charged; or\n(2) It consists of an attempt to commit the offense charged or to commit an offense otherwise included therein; or\n(3) It involves the same result but differs from the offense charged only in the respect that a less serious injury or risk of injury to the same person, property or public interest or a lesser kind of culpability suffices to establish its commission.\n(c) The court is not obligated to charge the jury with respect to an included offense unless there is a rational basis in the evidence for a verdict acquitting the defendant of the offense charged and convicting the defendant of the included offense.","path":["Title 11. Crimes and Criminal Procedure","Delaware Criminal Code","CHAPTER 2. General Provisions Concerning Offenses"],"source_url":"https://delcode.delaware.gov/title11/c002/index.html#206","current_through":"2026-08-10 (85 Del. Laws, c. 421, 424)","vintage":"","retrieved_at":"2026-09-05T23:02:13Z","sha256":"0a6247d156558870e116b528d45fbe1093b8f9a69f42650c5b6f2fb60eca4a99","source_id":"us-de","stale":true,"prev":"us-de/11-del.-c.-205","next":"us-de/11-del.-c.-207"},"notice":"GroundRules: Original legal text. Not legal advice."}