Del. P.J.I. Crim. No. 11.617(b)(1)

CRIMINAL YOUTH GANGS

[RECRUITMENT]

In order to find Defendant guilty of Criminal Youth Gang Recruitment, you

must find the State has proved the following two (2) elements beyond a reasonable

doubt:

(1) Defendant solicited, invited, recruited, encouraged, or otherwise caused

or attempted to cause a juvenile or student to participate in or to become a member

of a criminal gang; and

(2) Defendant acted intentionally or recklessly.

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

cause a juvenile or student to participate in or to become a member of] a criminal

gang.

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

substantial and unjustifiable risk that an element of the offense existed or would

result from Defendant’s conduct. The risk must be of such a nature and degree that

disregard thereof constituted a gross deviation from the standard of conduct a

reasonable person would observe in the situation.

"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.

"Criminal gang" shall mean a group of 3 or more persons with a gang name

or other identifier which either promotes, sponsors, assists in, participates in or

requires as a condition of membership submission to group initiation that results in

any felony or any class A misdemeanor as set forth in this title or Title 16.

“Student” means any person enrolled in a school grades preschool through

12.