Section 441 - Ignorance or mistake of fact as defenseIn any prosecution for an offense, it is a defense that the accused engaged in the conduct charged to constitute the offense under ignorance or mistake of fact if:
(1) The ignorance or mistake negatives the state of mind for the commission of the offense; or(2) The statute defining the offense or a statute related thereto expressly provides that the ignorance or mistake constitutes a defense or exemption; or(3) The ignorance or mistake is of a kind that supports a defense of justification as defined in this Criminal Code.11 Del. C. 1953, § 441; 58 Del. Laws, c. 497, § 1.;