Del. P.J.I. Crim. No. 11.1448(a)(7)b

[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 four (4) 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

had been convicted of a misdemeanor crime of domestic violence;

(3) Defendant was convicted of a misdemeanor crime of domestic violence

[name of misdemeanor crime], under 11 Del.C. § [601/

602/603/611/614/621/625/628/763/765/766/767/781/ 791/any similar offense

committed or prosecuted an another jurisdiction]; and

(4) 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 weapon if Defendant had

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

to exercise control over the 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.