DE · jury_instructions
Del. P.J.I. Crim. No. 11.612(a)(3)
Assault in the Second Degree
ASSAULT IN THE SECOND DEGREE
[PHYSICAL INJURY TO (LAW-ENFORCEMENT
OFFICER/FIREFIGHTER)]
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 physical injury to a [law-enforcement officer/
(volunteer/full-time) firefighter/correctional officer/sheriff/deputy sheriff], acting
in the lawful performance of duties at the time of the assault; and
(2) Defendant acted intentionally.
If a law-enforcement officer is off-duty but the nature of the assault is
related to that law-enforcement officer’s official position, then any physical injury
caused by the assault comes within the meaning of element (1) of this subsection.
“Physical injury” means any impairment of physical condition or substantial
pain.
“Law enforcement officer” includes police officers, the Attorney General,
the Attorney General’s deputies, sheriffs, sheriffs’ deputies, prison guards and
constables.
“Intentionally” means it was Defendant’s conscious objective or purpose to
cause physical injury.
Provenance
- Source
- courts.delaware.gov
- Retrieved
- 2026-09-23
- Edition
- crim-2022-03-14
- Content hash
6b1f0ba311fb1e325339e090b39ab406926e78cc5924d491d75783cf99a09628
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