Del. P.J.I. Crim. No. 11.606(a)

ABUSE OF A PREGNANT FEMALE IN THE FIRST DEGREE

In order to find Defendant guilty of Abuse of a Pregnant Female in the First

Degree, you must find the State has proved the following three (3) elements

beyond a reasonable doubt:

(1) Defendant caused the unlawful termination of [victim’s] pregnancy;

(2) Defendant was in [the course/furtherance] of the [commission/attempted

commission] of [assault in the third degree/any violent felony] against or upon a

pregnant female, or in the immediate flight from the crime; and

(3) Defendant acted intentionally and without [victim’s] consent.

It is no defense to the charge of Assault in the Second Degree that

Defendant did not know [victim] was pregnant at the time of the assault, or that

Defendant reasonably believed [victim] was not pregnant at the time of the assault.

“Intentionally” means Defendant’s conscious objective was to engage in

conduct or cause the unlawful termination of the pregnancy. The State must

demonstrate the risk was of such a nature and degree that Defendant’s disregard of

it was a gross deviation from the standard of conduct a reasonable person would

observe under the same circumstances.