Del. P.J.I. Crim. No. 11.1448(a)(4)

[POSSESSION/PURCHASE/CONTROL] OF A DEADLY WEAPON

BY PERSON PROHIBITED

In order to find Defendant guilty of Possession of [a] Deadly Weapon by

Person Prohibited, you must find the State proved following three (3) elements

beyond a reasonable doubt:

(1) Defendant [purchased/owned/possessed/controlled] a deadly weapon;

(2) Defendant was prohibited from

[purchasing/owning/possessing/controlling] a deadly weapon because Defendant,

as a juvenile, was adjudicated as delinquent for [conduct], which if committed by

an adult, would have constituted a felony, unless Defendant is now 25 years of age

or older; and

(3) Defendant acted knowingly.

“Deadly weapon" is defined to include: firearm, bomb, knife of any sort (other

than an ordinary pocket knife carried in a closed position), switchblade knife, billy,

blackjack, bludgeon, metal knuckles, slingshot, razor, bicycle chain, ice pick or any

dangerous instrument which a person used, or tried to use, to cause death or serious

physical injury. For the purpose of this definition, an ordinary pocket knife is a

folding knife with a blade no longer than 3 inches.

“Possession” includes actual possession and constructive possession. Actual

possession means Defendant knowingly had direct physical control over the weapon.

Constructive possession means the weapon was within Defendant’s reasonable

control, that is, in or about Defendant’s person, premises, belongings, or vehicle.

Defendant had constructive possession over the destructive weapon if Defendant had

knowledge of the weapon’s presence and the ability and the intention, at the time, to

exercise control over the destructive weapon, either directly or through another

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

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

constructive possession over a thing, possession is joint. Possession is proven if you

find beyond a reasonable doubt Defendant had actual or constructive possession,

either alone or jointly with others.

“Knowingly” means Defendant knew or was aware Defendant was

prohibited from possessing a deadly weapon.