DE · jury_instructions
Del. P.J.I. Crim. No. 11.1201(1)
Bribery
BRIBERY
In order to find Defendant guilty of Bribery, you must find the State has proved
the following four (4) elements beyond a reasonable doubt:
(1) Defendant offered, conferred, or agreed to confer a personal benefit
upon a person;
(2) The person was a public servant at the time of the charged offense;
(3) Defendant and the person agreed or understood that the person’s vote,
opinion, judgment, action, decision or exercise of discretion as a public servant
would be influenced; and
(4) Defendant acted intentionally or knowingly.
“Intentionally” means it was Defendant’s conscious objective or purpose to
engage in bribing a public servant.
“Knowingly” means Defendant knew or was aware Defendant was engaging
in bribing a public servant.
"Personal benefit" means a personal gain or advantage for the recipient or
anything the recipient considers to be a gain or advantage. The term includes a gain
or advantage conferred on Defendant’s behalf or at Defendant’s request upon a
third person.
"Public servant" means any officer or employee of the State or any political
subdivision of the State. The term includes legislators, judges, jurors, advisors or
consultants performing governmental functions, candidates for office or candidates
who have been elected but have not yet assumed office. The term does not include
witnesses.
Provenance
- Source
- courts.delaware.gov
- Retrieved
- 2026-09-23
- Edition
- crim-2022-03-14
- Content hash
34bc3044c0a9eaeae97ff66fd8b899cd620eecc6e2d8b29588458030ae82b64b
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