HOUSE BILL NO. 695
AN ACT TO AMEND CHAPTER 4, PART I, TITLE 11 OF THE DELAWARE CODE RELATING TO CRIMINAL LIABILITY OF THE OWNER OR LEGAL OCCUPANT OF A DWELLING FOR INJURIES TO AN UNLAWFUL INTRUDER.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Chapter 4, Part 1, Title 11 of the Delaware Code by re-designating present §470 as new §471; by re-designating present §469 as new §470; and by adding the following new section:
"§469. Same — Person Unlawfully In a Dwelling
In the prosecution of an occupant of a dwelling charged with killing or injuring an intruder who was unlawfully in said dwelling, it shall be a defense that the occupant was in his own dwelling at the time of the offense, and:
(a) The encounter between the occupant and intruder was sudden and unexpected, compelling the occupant to act instantly; or
(b) The occupant reasonably believed that the intruder would inflict personal injury upon the occupant or others in the dwelling; or
(c) The occupant demanded that the intruder disarm or surrender, and the intruder refused to do so."
Approved June 22, 1982.