11 Del. C. § 231
This is the official text of 11 Del. C. § 231, part of Delaware’s Del. C — part of the compiled statutory law of Delaware, published by the state as "Del. C." Browse the sections below, each linked to its official government source.
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§ Â 231. Definitions relating to state of mind.
Official statutory text
(a) “Criminal negligence”. — A person acts with criminal negligence with respect to an element of an offense when the person fails to perceive a risk that the element exists or will result from the conduct. The risk must be of such a nature and degree that failure to perceive it constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation.
(b) “Intentionally”. — A person acts intentionally with respect to an element of an offense when:
(1) If the element involves the nature of the person’s conduct or a result thereof, it is the person’s conscious object to engage in conduct of that nature or to cause that result; and
(2) If the element involves the attendant circumstances, the person is aware of the existence of such circumstances or believes or hopes that they exist.
(c) “Knowingly”. — A person acts knowingly with respect to an element of an offense when:
(1) If the element involves the nature of the person’s conduct or the attendant circumstances, the person is aware that the conduct is of that nature or that such circumstances exist; and
(2) If the element involves a result of the person’s conduct, the person is aware that it is practically certain that the conduct will cause that result.
(d) “Negligence”. — A person acts with negligence with respect to an element of an offense when the person fails to exercise the standard of care which a reasonable person would observe in the situation.
(e) “Recklessly”. — A person acts recklessly with respect to an element of an offense when the person is aware of and consciously disregards a substantial and unjustifiable risk that the element exists or will result from the conduct. The risk must be of such a nature and degree that disregard thereof constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation. A person who creates such a risk but is unaware thereof solely by reason of voluntary intoxication also acts recklessly with respect thereto.
(b) “Intentionally”. — A person acts intentionally with respect to an element of an offense when:
(1) If the element involves the nature of the person’s conduct or a result thereof, it is the person’s conscious object to engage in conduct of that nature or to cause that result; and
(2) If the element involves the attendant circumstances, the person is aware of the existence of such circumstances or believes or hopes that they exist.
(c) “Knowingly”. — A person acts knowingly with respect to an element of an offense when:
(1) If the element involves the nature of the person’s conduct or the attendant circumstances, the person is aware that the conduct is of that nature or that such circumstances exist; and
(2) If the element involves a result of the person’s conduct, the person is aware that it is practically certain that the conduct will cause that result.
(d) “Negligence”. — A person acts with negligence with respect to an element of an offense when the person fails to exercise the standard of care which a reasonable person would observe in the situation.
(e) “Recklessly”. — A person acts recklessly with respect to an element of an offense when the person is aware of and consciously disregards a substantial and unjustifiable risk that the element exists or will result from the conduct. The risk must be of such a nature and degree that disregard thereof constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation. A person who creates such a risk but is unaware thereof solely by reason of voluntary intoxication also acts recklessly with respect thereto.
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