Del. P.J.I. Crim. No. 11.613(a)(3)

ASSAULT IN THE FIRST DEGREE

[RECKLESS CONDUCT/RISK OF DEATH/SERIOUS PHYSICAL

INJURY]

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

find the State has proved the following three (3) elements beyond a reasonable

doubt:

(1) Defendant engaged in conduct creating a substantial risk of death;

(2) Defendant caused serious physical injury; and

(3) Defendant acted 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.

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

substantial and unjustifiable risk that death would result from 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.