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

INTERFERING WITH A CHILD WITNESS

In order to find Defendant guilty of Interfering with a Child Witness, you

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

reasonable doubt:

(1) Defendant interfered with or prevented the prosecution of any person;

(2) Defendant removed a child from the child’s county of residence knowing

that the child was, or was likely to become, a witness in a criminal case in that

county; and

(3) Defendant acted intentionally or knowingly.

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

engage in interfering with a child witness.

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

in interfering with a child witness.

“Child’s county of residence” means the county in which the child resides at

the time of the commission of the offense being prosecuted in this criminal case, in

which the child is the witness.

A criminal case is "pending" in a court if an indictment, information, or

complaint has been filed with or presented to the court.

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

or nonexistence of facts relating to any crime; (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.