Del. P.J.I. Crim. No. 11.1338(b)

[MANUFACTURE/TRANSFER/USE/POSSESS/TRANSPORT] OF

[BOMB/INCENDIARY DEVICE/MOLOTOV COCKTAIL/EXPLOSIVE

DEVICE]

In order to find Defendant guilty of

[Manufacture/Transfer/Use/Possess/Transport] of a [Bomb/Incendiary

Device/Molotov Cocktail/Explosive Device], you must find the State proved the

following three (3) elements beyond a reasonable doubt:

(1) Defendant [manufactured/transferred/used/possessed/transported] a

[bomb/incendiary device/Molotov cocktail/device] designed to explode or produce

uncontained combustion;

(2) Defendant meant to cause [bodily harm/damage to property]; and

(3) Defendant acted intentionally.

You may infer Defendant intended to cause bodily harm or damage to

property if Defendant was found in possession of the [bomb/incendiary

device/Molotov cocktail/explosive device].

A person who knowingly has direct physical control over a thing, at a given

time has actual "possession" of it. In addition to actual possession, possession

includes any location in or about Defendant’s person, premises, belongings,

vehicle, or otherwise within the person's reasonable control. In other words, a

person who, although not in actual possession, has both the power and the

intention, at a given time, to exercise control over a substance, either directly or

through another person or persons, is then in "constructive possession" of it.

Possession may be sole or joint. If one person alone has actual or constructive

possession of a thing, possession is sole. If two (2) or more persons share actual or

constructive possession over a thing, possession is joint. The element of

possession is proven if you find beyond a reasonable doubt Defendant had actual

or constructive possession, either alone or jointly with others.

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

manufacture, transfer, use, possess or transport the device in question.

"Incendiary device" means any item designed to ignite by hand, chemical

reaction or by spontaneous combustion and is not designed for any lawful purpose

or use whatsoever, or where any lawful purpose or use has been or is terminated.

"Molotov cocktail" means a makeshift incendiary bomb made of a breakable

container filled with a flammable liquid and provided with a wick composed of

any substance capable of bringing flame into contact with the liquid.