Del. P.J.I. Crim. No. 11.616(b)

GANG PARTICIPATION

In order to find Defendant guilty of Gang Participation, you must find the

State has proved the following four (4) elements beyond a reasonable doubt:

(1) Defendant actively participated in any criminal gang activity;

(2) Defendant promoted, furthered, or assisted in criminal conduct

constituting a felony by gang members;

(3) Defendant was aware gang members engage in a pattern of criminal

gang activity; and

(4) Defendant acted knowingly.

“Knowingly” means Defendant was aware the conduct was a gang activity.

"Criminal gang" means any ongoing organization, association, or group of 3

or more persons, whether formal or informal, having as one of its primary activities

the commission of one or more criminal acts, having a common name or

identifying sign or symbol, and whose members individually or collectively have

engaged in a pattern of criminal gang activity.

“Pattern of criminal gang activity” means the commission of or attempted

commission of or conspiracy to commit 2 or more criminal offenses, provided at

least 1 of these offenses occurred after July 1, 2003, and the last of those offenses

occurred within 3 years after a prior offense, and the offenses were committed on

separate occasions, or by 2 or more persons.