DE · jury_instructions
Del. P.J.I. Crim. No. 11.612(a)(7)
Assault in the Second Degree
ASSAULT IN THE SECOND DEGREE
[ASSAULT WITH INCAPACITATING SPRAY DURING COMMISSION
OF A CRIME]
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 [used any disabling chemical spray/an aerosol spray/sprayed
a (liquid/gas)] against a person with the objective of incapacitating Defendant
while engaged in the commission of a crime; and
(2) Defendant acted intentionally.
“Intentionally” means it was Defendant’s conscious objective or purpose to
use the aerosol or spray in order to incapacitate a person.
Provenance
- Source
- courts.delaware.gov
- Retrieved
- 2026-09-23
- Edition
- crim-2022-03-14
- Content hash
d93b166234de9911ffe2d2237f2465457228976139ae9b23976f69e0c9417e49
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