Del. P.J.I. Crim. No. 11.611(2)

ASSAULT IN THE THIRD DEGREE [CRIMINAL NEGLIGENCE]

In order to find Defendant guilty of Assault in the Third Degree, you must

find the State has proved the following two (2) elements beyond a reasonable

doubt:

(1) Defendant caused physical injury by means of a [deadly

weapon/dangerous instrument]; and

(2) Defendant acted with criminal negligence.

“Dangerous instrument” means any instrument, article, or substance which,

under the circumstances in which it is used, attempted to be used, or threatened to

be used, is readily capable of causing death or serious physical injury.

“Deadly weapon” includes 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.

"Physical injury" means any impairment of physical condition or substantial

pain.

"Criminal negligence" means Defendant failed to perceive the risk physical

injury would be caused to a person as the result of Defendant’s conduct. The State

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

disregard of the risk was a gross deviation from the standard of conduct a

reasonable person would observe under the same circumstances.