Del. P.J.I. Crim. No. 11.1456(a)

UNLAWFULLY PERMITTING A MINOR ACCESS TO A FIREARM

In order to find Defendant guilty of Unlawfully Permitting a Minor Access to

a Firearm, you must find the State proved following three (3) elements beyond a

reasonable doubt:

(1) Defendant [stored/left] a loaded [firearm] within [the reach/easy access]

of [minor], a minor;

(2) [Minor] obtained the firearm and used it to inflict [serious physical

injury/death] upon [himself/herself/someone else]; and

(3) Defendant acted [intentionally/recklessly].

"Firearm" means any weapon from which a shot, projectile, or other object

may be discharged by force of combustion, explosive, gas and/or mechanical

means, whether the weapon is operable or inoperable, loaded or unloaded. The

term does not include a BB gun.

"Serious physical injury" means any physical injury which creates a

substantial risk of death, or which causes serious and prolonged disfigurement,

prolonged impairment of health, or prolonged loss or impairment of the function

of any bodily organ.

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

tostore or leave a loaded firearm within reach or easy access of a minor..

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

substantial and unjustifiable risk the firearm would be easily accessible to a minor.

The State must demonstrate the risk was of such a nature and degree Defendant’s

disregard of it was a gross deviation from the standard of conduct a reasonable

person would observe under the same circumstances.

"Minor" is any person under the age of 18 years.