Del. P.J.I. Crim. No. 11.614(a)(2)

ABUSE OF A SPORTS OFFICIAL

[ASSAULT IN THE THIRD DEGREE]

In order to find Defendant guilty of Assault on a Sports Official, you must

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

doubt:

(1) Defendant [(intentionally/recklessly)/with criminal negligence by means

of a (deadly weapon/dangerous instrument)] caused physical injury;

(2) The injured person was a sports official acting in the lawful performance

of duties at the time of the assault; and

(2) Defendant acted [with criminal negligence/intentionally/recklessly].

“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.

“Intentionally” means it was Defendant’s conscious objective or purpose to

cause physical injury.

“Recklessly” means Defendant’s conduct created a substantial risk of

physical injury.

"Sports official" means any person who serves as a registered, paid or

volunteer referee, umpire, line judge or acts in any similar capacity during a

sporting event.

“Lawful performance of duties” means the time immediately prior to, during

and/or immediately after the sporting event.