# 11 Del. C. § 206: § Â 206. Method of prosecution when conduct constitutes more than 1 offense

> Delaware · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_DE_T11_C2_S206

## Section

- **Citation:** 11 Del. C. § 206
- **Heading:** § Â 206. Method of prosecution when conduct constitutes more than 1 offense
- **Jurisdiction:** Delaware
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Delaware Code / Title 11 / Chapter 2 / Section 206

## Text

(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:

(1) One offense is included in the other, as defined in subsection (b) of this section; or

(2) One offense consists only of an attempt to commit the other; or

(3) Inconsistent findings of fact are required to establish the commission of the offenses.

(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:

(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

(2) It consists of an attempt to commit the offense charged or to commit an offense otherwise included therein; or

(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.

(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.

## Nearby sections

- [11 Del. C. § 201 § Â
        201. General purposes.](https://www.frixlaw.com/law-library/statutes/STATE_DE_T11_C2_S201.md)
- [11 Del. C. § 202 § Â
        202. All offenses defined by statute.](https://www.frixlaw.com/law-library/statutes/STATE_DE_T11_C2_S202.md)
- [11 Del. C. § 203 § Â
        203. Principles of construction.](https://www.frixlaw.com/law-library/statutes/STATE_DE_T11_C2_S203.md)
- [11 Del. C. § 204 § Â
        204. Territorial applicability.](https://www.frixlaw.com/law-library/statutes/STATE_DE_T11_C2_S204.md)
- [11 Del. C. § 205 § Â
        205. Time limitations.](https://www.frixlaw.com/law-library/statutes/STATE_DE_T11_C2_S205.md)
- [11 Del. C. § 206 § Â
        206. Method of prosecution when conduct constitutes more than 1 offense.](https://www.frixlaw.com/law-library/statutes/STATE_DE_T11_C2_S206.md)
- [11 Del. C. § 207 § Â
        207. When prosecution is barred by former prosecution for the same offense.](https://www.frixlaw.com/law-library/statutes/STATE_DE_T11_C2_S207.md)
- [11 Del. C. § 208 § Â
        208. When prosecution is barred by former prosecution for different offense.](https://www.frixlaw.com/law-library/statutes/STATE_DE_T11_C2_S208.md)
- [11 Del. C. § 209 § Â
        209. Former prosecution in another jurisdiction; when a bar.](https://www.frixlaw.com/law-library/statutes/STATE_DE_T11_C2_S209.md)
- [11 Del. C. § 210 § Â
        210. Former prosecution before court lacking jurisdiction or when fraudulently procured by defendant.](https://www.frixlaw.com/law-library/statutes/STATE_DE_T11_C2_S210.md)
- [11 Del. C. § 211 § Â
        211. Repeal of statutes as affecting existing liabilities.](https://www.frixlaw.com/law-library/statutes/STATE_DE_T11_C2_S211.md)
- [11 Del. C. § 221 § Â
        221. Principles of definitions.](https://www.frixlaw.com/law-library/statutes/STATE_DE_T11_C2_S221.md)
- [11 Del. C. § 222 § Â
        222. General definitions.](https://www.frixlaw.com/law-library/statutes/STATE_DE_T11_C2_S222.md)
- [11 Del. C. § 223 § Â
        223. Words of gender or number.](https://www.frixlaw.com/law-library/statutes/STATE_DE_T11_C2_S223.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_DE_T11_C2_S206. Check the current official text before relying on it. Not legal advice.