Del. P.J.I. Crim. No. 11.612(a)(1)

ASSAULT IN THE SECOND DEGREE

[RECKLESS OR INTENTIONAL CAUSATION OF SERIOUS PHYSICAL

INJURY]

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

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

doubt:

(1) Defendant caused serious physical injury; and

(2) Defendant acted intentionally or recklessly.

"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 the Defendant’s conscious objective or purpose

to cause serious physical injury.

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

substantial and unjustifiable risk serious physical injury would be caused to a

person as a 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.