Del. P.J.I. Crim. No. 11.1203(a)

RECEIVING A BRIBE

In order to find Defendant guilty of Receiving a Bribe, you must find the

State has proved the following four (4) elements beyond a reasonable doubt: (1)

Defendant was a public servant at the time of the charged offense; (2)

Defendant solicited, accepted, or agreed to accept a personal benefit

from another person;

(3) Defendant and the person agreed or understood Defendant’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 bribery of 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

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.