Del. P.J.I. Crim. No. 11.1111(2)

POSSESSION OF CHILD PORNOGRAPHY

In order to find Defendant guilty of Possession of Child Pornography, you must

find the State has proved the following two (2) elements beyond a reasonable doubt:

(1) D e f e n d an t possessed any visual d ep iction

[created/adapted/modified/edited] so as to appear a child was engaging in a

[prohibited sexual act/simulation of a prohibited sexual act]; and

(2) Defendant acted knowingly.

“Knowingly” means Defendant knew or was aware of the nature of

Defendant’s actions.

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

[For the purposes of § 1111 of this Title, “child” shall also mean any

individual intended by Defendant to appear to be 14 years of age or less.]

"Prohibited sexual act" includes: sexual intercourse; anal intercourse;

masturbation; bestiality; sadism; masochism; fellatio; cunnilingus; nudity, if such

nudity is depicted to sexually stimulate or gratify any individual who may view the

depiction; sexual contact; lascivious exhibition of any child’s genitals or pubic area;

or any other act which is intended to be a depiction or simulation of any of the above.

“Visual depiction” includes any image which is recorded, stored or contained

on film or videotape, or any data stored or transmitted on or by any computer, or any

picture made, stored or produced by electronic, digital or mechanical means.