CHAPTER 276

FORMERLY

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.