Del. P.J.I. Crim. No. 11.1205

GIVING UNLAWFUL GRATUITIES

In order to find Defendant guilty of Giving Unlawful Gratuities, 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 another person;

(2) The person was a public servant at the time;

(3) The personal benefit offered or conferred was for conduct the public

servant was required or authorized to perform, and for which the public servant

was not entitled to any special or additional compensation; and

(4) Defendant acted knowingly.

“Knowingly” means Defendant knew or was aware Defendant was engaging

in giving unlawful gratuities.

"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 the recipient’s behalf or at the recipient’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.