Del. P.J.I. Crim. No. 11.1104

TREATMENT OF CHILD BY PRAYER

[AFFIRMATIVE DEFENSE]

In this case, Defendant has asserted the affirmative defense of Treatment of

Child by Prayer to the charge of Endangering the Welfare of a Child. In order to

establish this affirmative defense, Defendant must prove each of the following two

(2) elements by a preponderance of the evidence:

(1) Defendant is a member of an organized [church/religious group] whose

tenets prescribe prayer as the principal treatment for illness; and

(2) Defendant [treated/caused to be treated] [child] in accordance with these

tenets.

Proof by a preponderance of the evidence means proof something is more

likely than not. It means certain evidence, when compared to the evidence opposed

to it, has the more convincing force and makes you believe something is more likely

true than not. Preponderance of the evidence does not depend on the number of

witnesses. If the evidence supporting the existence of the defense is evenly balanced,

then Defendant has not proved the existence of the defense by a preponderance of the

evidence, and you must find against Defendant on that point. The state has no burden

to present any evidence on this matter.

If after considering all of the evidence, you find this affirmative defense is

established by a preponderance of the evidence, then you must find Defendant not

guilty of Endangering the Welfare of a Child. Even if Defendant has not met this

burden of proof for this particular affirmative defense, you must find Defendant not

guilty of Endangering the Welfare of a Child if you find the State has not met its

burden of proving its case beyond a reasonable doubt.