DE · jury_instructions
Del. P.J.I. Crim. No. 11.1212(2)
Profiteering
PROFITEERING
In order to find Defendant guilty of Profiteering, 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 acted in [contemplation of (Defendant’s/governmental
entity) official action/ reliance on information to which Defendant had access in an
official capacity and which had not been made public];
(3) Defendant [speculated/wagered] on the basis of official
[action/information]; and
(4) Defendant acted intentionally or knowingly.
“Intentionally” means it was Defendant’s conscious objective or purpose to
engage in profiteering.
“Knowingly” means Defendant knew or was aware Defendant was engaging
in profiteering.
"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.
Provenance
- Source
- courts.delaware.gov
- Retrieved
- 2026-09-23
- Edition
- crim-2022-03-14
- Content hash
fa9ca9680affce57ef3066a2c6614d64d1f1d420d37b9e2cd6e6f75f1a454c9e
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