Del. P.J.I. Crim. No. 11.633(a)(2)

MURDER BY NEGLECT OR ABUSE IN THE SECOND DEGREE

In order to find Defendant guilty of Murder by Abuse or Neglect in the

Second Degree, you must find the State has proved the following four (4) elements

beyond a reasonable doubt:

(1) Defendant caused the death of a person;

(2) The person was a child at the time of death;

(3) Defendant engaged in a previous pattern of abuse and/or neglect of the

child; and

(4) Defendant acted with criminal negligence in causing the child’s death.

In order to prove Defendant “caused” the death, the State must establish that

the child would not have died but for Defendant’s conduct.

“Neglect” means the threatened or impaired physical, mental or emotional

health and well-being of the child, caused by inadequate care or protection, non-

treatment or abandonment by the child’s custodian, or other person in whose

temporary custodial care the child is left. The custodian or other person must have

had the ability and financial means to provide adequate care or protection, but did

not or would not do so.

“Criminal negligence” means Defendant failed to recognize there was a risk

that the person’s death would result from Defendant’s conduct. Further, the risk of

death was of such a nature and degree, Defendant's failure to recognize the risk

constituted a gross deviation from the standard of conduct a reasonable person

would observe in the same situation.

“Child” means a person who has not yet reached their 14th birthday.

“Abuse” means any physical injury to the child through unjustified force,

torture, negligent treatment, sexual abuse, exploitation, maltreatment,

mistreatment or any means other than accident.

“Previous pattern” of abuse and/or neglect means two or more separate acts

of abuse and/or neglect, that are not so closely related to each other or connected in

time and place as to constitute a single event. Defendant may be found guilty of

Murder by Abuse or Neglect even where Defendant’s “previous pattern” of abuse

and/or neglect did not result in arrest and conviction.