Del. P.J.I. Crim. No. 11.1323

OBSTRUCTING PUBLIC PASSAGES

In order to find Defendant guilty of obstructing public passages, you must

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

doubt:

(1) Defendant, alone or with other persons, rendered a public passage

inconvenient or hazardous, or entered upon or tampered with any public utility

right-of-way;

(2) Defendant had no legal right to obstruct the public passage or utility

right-of-way; and

(3) Defendant acted intentionally or recklessly.

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

obstruct the public passage or utility right-of way.

“Recklessly” means Defendant was aware of and consciously disregarded a

substantial and unjustifiable risk that obstruction of the public passage or utility

right-of way would endanger the health and safety of others. The State must

demonstrate the risk was of such a nature and degree that Defendant’s disregard

of the risk was a gross deviation from the standard of conduct a reasonable person

would observe under the same circumstances.