Del. P.J.I. Crim. No. 11.1222

PERJURY IN THE SECOND DEGREE

In order to find Defendant guilty of Perjury in the Second Degree, you must

find the State has proved the following four (4) elements beyond a reasonable

doubt:

(1) Defendant swore falsely on the occasion of [identify circumstances];

(2) The false statement occurred in a written instrument for which an oath

is required by law;

(3) Defendant intended to mislead a public servant in the performance of an

official function; and

(4) The false statement was material to the [action/proceeding/matter]

involved.

"Material statement" means a statement of such importance to a particular

matter that the statement could affect the matter’s course or outcome.

“Oath" is any method authorized by law of swearing a statement is true. The

term includes an affirmation. “Oath required by law” means a statute or regulation

requires a certain type of statement must be sworn to under oath in order to have

legal effect.

"Public servant" means any officer or employee of the State or any political

subdivision of the State, including legislators, judges, and any person participating

as juror, advisor or consultant performing governmental functions, candidate for

office or candidate who have been elected but not yet assumed office. The term

does not include witnesses.