Del. P.J.I. Crim. No. 11.1211(3)

OFFICIAL MISCONDUCT

In order to find Defendant guilty of Official Misconduct, 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 offense;

(2) Defendant obtained personal benefit from, or caused harm to, a person;

(3) Defendant performed an official function in a way intended to benefit

Defendant’s own property or financial interests, under circumstances in which

Defendant’s actions were not reasonably justified; and

(4) Defendant acted intentionally.

“Intentionally” means it was Defendant’s conscious objective or purpose to

engage in official misconduct.

"Harm" means any loss, disadvantage, or injury not sanctioned by law. The

term includes any loss, disadvantage, or injury not sanctioned by law to a third

person.

"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.