Del. P.J.I. Crim. No. 11.1458(a)(1)e

REMOVING A FIREARM FROM THE POSSESSION OF A

LAW ENFORCEMENT OFFICER

In order to find Defendant guilty of Removing a Firearm From the

Possession of a Law Enforcement Officer, you must find the State proved

following four (4) elements beyond a reasonable doubt:

(1) Defendant [removed/attempted to remove] a [firearm/disabling

chemical spray/baton/ deadly weapon] from the possession of [victim];

(2) Defendant [knew/had reason to know] [victim] was employed as

licensed armored car guard;

(3) [Victim] was acting within the course and scope of [victim’s]

employment; and

(4) Defendant acted [knowingly/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.

“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.

“Knowingly” means Defendant knew or was aware Defendant was

removing a firearm from a licensed armored car guard.

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

substantial and unjustifiable risk Defendant would [remove/attempt to remove]

[weapon] from a licensed armored car guard. 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.

“Disabling chemical spray” includes mace, tear gas, pepper spray or any

other mixture containing quantities thereof, or any other aerosol spray or any

liquid, gaseous or solid substance capable of producing temporary physical

discomfort, disability or injury through being vaporized or otherwise dispersed in

the air, or any canister, container or device designed or intended to carry, store or

disperse such aerosol spray or such gas or solid.