DE · jury_instructions
Del. P.J.I. Crim. No. 11.617(b)(2)a1
Criminal Youth Gangs [Recruitment]
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 encouraged a juvenile or student to become a member of a
criminal gang;
(2) Defendant acted intentionally or recklessly.
“Intentionally” means it was Defendant’s conscious objective or purpose to
cause a juvenile or student 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" 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.
Provenance
- Source
- courts.delaware.gov
- Retrieved
- 2026-09-23
- Edition
- crim-2022-03-14
- Content hash
75a1fd66c8bb878aba9a15c1847e63da4e30ca018e6fdcb3b835b664be29a839
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