Del. P.J.I. Crim. No. 11.1202

BRIBERY [STATUTORY DEFENSE, NON-AFFIRMATIVE]

In this case, Defendant has raised the defense of [theft/coercion/attempted

theft/attempted coercion] to the charge of Bribery.

In order to assert this defense, Defendant must show Defendant

[offered/conferred/agreed to confer] upon [person], a [public servant/party

officer], a benefit that constituted [theft/coercion/ attempted theft/attempted

coercion].

“Theft” means a person took, exercised control over, or obtained another

person’s property intending to deprive that person of it, or appropriate it.

“Coercion” means a person compelled or induced Defendant to do

something, which Defendant had a legal right not to do; or compelled or induced

Defendant to not do something that Defendant had a legal right to do. The person

acted by means of instilling in Defendant a fear that, if the demand was not

complied with, the person or another would:

(1) Cause physical injury to someone;

(2) Cause damage to property;

(3) Engage in conduct constituting a crime;

(4) Accuse someone of a crime or cause criminal charges to be instituted

against someone;

(5) Expose a secret or publicize an asserted fact, whether true or false,

tending to subject someone to hatred, contempt or ridicule;

(6) Testify or provide information or withhold testimony or information

with respect to another’s legal claim or defense;

(7) Use or abuse Defendant’s position as a public servant by performing

some act within or related to Defendant’s official duties, or by failing or refusing

to perform an official duty in such a manner as to adversely affect someone; or

(8) Perform any other act which is calculated to harm another person

materially with respect to that person’s health, safety, business, calling, career,

financial condition, reputation or personal relationships.

"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

consultant performing governmental functions, candidates for office or candidates

who have been elected but have not yet assumed office. The term does not include

witnesses.