Del. P.J.I. Crim. No. 11.1457(g)

POSSESSION OF A WEAPON IN A SAFE SCHOOL AND RECREATION

ZONE

[AFFIRMATIVE DEFENSE]

In this case, Defendant has asserted an affirmative defense to the charge of

Possession of a Weapon in a Safe School and Recreation Zone. In order to

establish this affirmative defense, Defendant must prove the following two (2)

elements by a preponderance of the evidence:

(1) Defendant [possessed/dealt with] the weapon entirely within a private

residence, (location); and

(2) No person under the age of 18 years was present in the residence when

the charged offense occurred.]

Proof by a preponderance of the evidence means proof something is more

likely than not. It means certain evidence, when compared to the evidence opposed

to it, has the more convincing force and makes you believe something is more likely

true than not. Preponderance of the evidence does not depend on the number of

witnesses. If the evidence supporting the existence of the defense is evenly

balanced, then Defendant has not proved the existence of the defense by a

preponderance of the evidence, and you must find against Defendant on that point.

The state has no burden to present any evidence on this matter.

If after considering all of the evidence, you find this affirmative defense is

established by a preponderance of the evidence, then you must find Defendant not

guilty of Possession of a Weapon in a Safe School and Recreation Zone. Even if

Defendant has not met this burden of proof for this particular affirmative defense,

you must find Defendant not guilty of Possession of a Weapon in a Safe School

and Recreation Zone if you find the State has not met its burden of proving its case

beyond a reasonable doubt.