Del. P.J.I. Crim. No. 11.1212(3)

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 aided another person to [acquire a monetary interest in

(property/transaction/ enterprise)/(wager or speculate)] on the basis of official

[action/information] with the intention of gaining a personal benefit; 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.

"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.