Del. P.J.I. Crim. No. 11.1102(a)(6)

ENDANGERING THE WELFARE OF A CHILD

[PRESENCE OF CHILD DURING DRUG OFFENSE]

In order to find Defendant guilty of Endangering the Welfare of a Child, you

must find the State has proved the following [four/five] [(4)/(5)] elements beyond a

reasonable doubt:

(1) Defendant committed [drug offense] in a dwelling;

(2) [child] was in the dwelling;

(3) [child] was a child at the time the charged offense occurred; and

(4) Defendant acted knowingly.

[where appropriate]

[and

(5) Defendant’s acts resulted in the (death of/serious physical injury to)

(child).]

With respect to element 5, the State is not required to prove Defendant’s state

of mind or responsibility for causing (child’s) (death/serious injury).

The elements of [drug offense] are [list elements].

"Serious physical injury" means any physical injury which creates a substantial

risk of death, or which causes serious and prolonged disfigurement, prolonged

impairment of health, or prolonged loss or impairment of the function of any bodily

organ.]

“Knowingly” means Defendant was aware a child less than 18 years of age was

in the dwelling when the offense occurred.

“Dwelling” means a building is usually occupied by a person who lives there

at night.

“Child” means any individual under the age of 18.