Del. P.J.I. Crim. No. 11.1112(a)(2)

SEXUAL OFFENDER PROHIBITED FROM SCHOOL ZONE

In order to find Defendant guilty of Sexual Offender Prohibited From School

Zone, you must find the State has proved the following elements beyond a reasonable

doubt:

(1) Defendant is a sexual offender; and

(2) Defendant loitered within 500 feet of the property of [school].

It is not a defense Defendant was unaware Defendant’s prohibited conduct took

place within 500 feet of any school property.

"Loiter" means to stand or sit idly, whether or not the person is in a vehicle, or

to remain in or around school property, without any reason or relationship involving

custody of or responsibility for a pupil or any other specific or legitimate reason for

being there; or to stand or sit idly, whether or not the person is in a vehicle, or to

remain in or around school property, for the purpose of engaging in or soliciting

another person to engage in sexual intercourse, sexual penetration, sexual contact,

sexual harassment, sexual extortion, or indecent exposure.

"School" means any preschool, kindergarten, elementary school, secondary

school, vocational technical school or any other institution which has as its primary

purpose the education or instruction of children under 16 years of age.

“Sexual offender” means any person who has been:

(1) Convicted in this State of the commission or attempt to commit any of the

following sexual offenses upon a child under 16 years of age: unlawful sexual contact

in the first, second or third degree; rape in the first, second, third or fourth degree;

continual sexual abuse; dangerous crime against a child; unlawful sexual conduct;

sexual abuse of a child by a person in a position of trust, authority or supervision in

the first or second degree; sexual exploitation of a child; dealing in child

pornography; possession of child pornography; or sexual solicitation of a child;

(2) Discharged or paroled from a penal institution where Defendant was

confined because of the commission or attempt to commit one or more of the charged

offenses just listed;

(3) Adjudged “guilty but mentally ill” or “not guilty by reason of insanity” for

the commission or attempt to commit one or more of the charged offenses just listed;

or

(4) Convicted in any other state of any offense which, if committed or

attempted in this State, would have been punishable as one or more of the offenses

just listed.