Del. P.J.I. Crim. No. 11.1263(3)

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/four] [(3)/(4)] elements beyond a

reasonable doubt:

(1) Defendant intimidated or attempted to intimidate a person from

attending or giving testimony in an official proceeding;

(2) Defendant acted knowingly; and

(3) Defendant acted with malice.

{if aggravated intimidation is charged}

[(4) Defendant’s intimidation of (person) ( included the express or implied

threat of {force/or violence} against {person/person's property/third person}/was in

furtherance of a conspiracy/was committed by someone previously convicted of

intimidation/was committed for {monetary gain/other benefit} by any person acting

at the request of another person).]

“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.

“Malice” means an intent to vex, annoy, harm or injure in any way another

person, or to thwart or interfere in any manner with the orderly administration of

justice.

“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.