Del. P.J.I. Crim. No. 11.1259

SEXUAL RELATIONS IN A DETENTION FACILITY

In order to find Defendant guilty of Sexual Relations in a Detention Facility,

you must find the State has proved the following three (3) elements beyond a

reasonable doubt:

(1) Defendant was [an employee working/contractor/employee of a

contractor/volunteer] at a detention facility at the time of the offense;

(2) Defendant engaged in consensual sexual intercourse with a person in

custody on the premises of the detention facility; and

(3) Defendant acted intentionally or knowingly.

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

have sexual intercourse on the premises of a detention facility.

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

sexual intercourse on the premises of a detention facility.

"Custody" means any restraint pursuant to arrest, detention or court order.

"Detention facility" means any place used for the confinement of a person

who has been [charged with or convicted of an offense/charged with being a

delinquent child/held for extradition/held as a material witness/confined pursuant

to a court order].