{"data":{"id":"us-de/11-del.-c.-304","jurisdiction":"us-de","citation":"11 Del. C. § 304","heading":"Defendant’s affirmative defenses; prove by preponderance of evidence.","body":"(a) When a defense declared by this Criminal Code or by another statute to be an affirmative defense is raised at trial, the defendant has the burden of establishing it by a preponderance of the evidence.\n(b) Unless the court determines that no reasonable juror could find an affirmative defense established by a preponderance of the evidence presented by the defendant, the defendant is entitled to a jury instruction that the jury must acquit the defendant if they find the affirmative defense established by a preponderance of the evidence.\n(c) An affirmative defense is established by a preponderance of the evidence when the jury is persuaded that the evidence makes it more likely than not that each element of the affirmative defense existed at the required time.","path":["Title 11. Crimes and Criminal Procedure","Delaware Criminal Code","CHAPTER 3. Proving and Disproving Criminal Guilt"],"source_url":"https://delcode.delaware.gov/title11/c003/index.html#304","current_through":"2026-08-10 (85 Del. Laws, c. 421, 424)","vintage":"","retrieved_at":"2026-09-05T23:02:13Z","sha256":"0a775fbe778e0c355945360a2b40e23bc9b0f75a8a5df3a2a078ad09ba5312be","source_id":"us-de","stale":true,"prev":"us-de/11-del.-c.-303","next":"us-de/11-del.-c.-305"},"notice":"GroundRules: Original legal text. Not legal advice."}