Del. P.J.I. Crim. No. 11.1263(1)

TAMPERING WITH A WITNESS

In order to find Defendant guilty of Tampering with a Witness, you must

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

doubt:

(1) Defendant [induced/influenced/impeded] [person] a [witness/victim] in

an official proceeding, by [false statement/fraud/deceit];

(2) Defendant acted to affect [witness’s/victim’s] [testimony/availability] in

the official proceeding; and

(3) Defendant acted intentionally or knowingly.

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

engage in tampering with a witness.

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

in tampering with a witness.

"Benefit" means a 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 the recipient’s behalf or at the recipient’s request upon a

third person.

"Official proceeding" means any action or proceeding conducted by or

before a legally constituted judicial, legislative, administrative or other

governmental agency or official, in which evidence or testimony of witnesses may

properly be received.

“Witness” means any natural person who: (a) has knowledge of the existence

or nonexistence of facts relating to any crime; or (b) has made a sworn declaration

that is received, or has been received, as evidence for any purpose; or (c) has

reported any crime to any peace officer, prosecuting agency, law enforcement

officer, probation officer, parole officer, correctional officer or judicial officer; or

(d) has been served with a subpoena issued under the authority of any court of this

State, of any other state or of the United States; or (e) any reasonable person would

believe to be an individual described in any of the above paragraphs.