Del. P.J.I. Crim. No. 11.635(2)

MURDER IN THE SECOND DEGREE—FELONY MURDER

(Note: Use This Version When Underlying Felony Is Also Indicted)

Delaware law defines the offense of Murder in the Second Degree-Felony

Murder, in pertinent part, as follows:

A person is guilty of murder in the second degree when. . .

while engaged in the commission of, or attempt to commit, or

flight after committing or attempting to commit any felony, the

person, with criminal negligence, causes the death of another

person.

In order to find the Defendant guilty of Murder in the Second Degree-Felony

Murder, as alleged in Count * of the indictment, you must find that all of the following

elements have been established beyond a reasonable doubt:

(1) The Defendant caused the death of [Other Person]; and

(2) The Defendant caused the death of [Other Person] while

engaged in the commission of, or attempt to commit, or flight

after committing or attempting to commit the felony [Other

Felony] as set forth in Count *; and

(3) The Defendant acted with criminal negligence in causing [Other

Person]’s death.

A defendant causes the death of another person when [s/he] brings about that

person’s death, which would not have happened but for [her/his] act.

“While engaged in the commission of, or attempt to commit, or flight after

committing or attempting to commit any felony” does not mean that the killing must

have occurred at the same instant as the underlying felony, or that the killing must have

been caused by the underlying felony, but, rather, as used here “while” means that the

killing must be directly associated with the underlying felony as part of one continuous

occurrence.

To understand the crime of Murder in the Second Degree-Felony Murder as

alleged here, you must understand the elements of and definitions associated with the

felony [Other Felony]. Those elements and definitions each have been previously

explained to you in relation to [Other Felony] as alleged in Count * of the indictment.

Those same elements and definitions apply here.

A person acts with “criminal negligence” with respect to causing another’s death

offense when [s/he] fails to perceive a risk that death would result from [her/his]

conduct. The risk must be of such a nature and degree that disregard thereof constitutes

a gross deviation from the standard of conduct that a reasonable person would observe

in the situation. Lastly, under Delaware law, when criminal negligence suffices to

establish an element of an offense, that element also is established if one acts recklessly

or intentionally.

If, after considering all of the evidence, you find that the State has established

beyond a reasonable doubt that the Defendant acted in such a manner as to satisfy all

of the elements that I have just stated, on or about the date and at or about the place

stated in the indictment, you should find the Defendant guilty of Murder in the Second

Degree-Felony Murder. If you do not so find, or if you have a reasonable doubt as to

any element of this offense, you must find the Defendant not guilty of Murder in the

Second Degree-Felony Murder.

MURDER IN THE SECOND DEGREE—FELONY MURDER

(Note: Use This Version When Underlying Felony Is Not Also Indicted)

Delaware law defines the offense of Murder in the Second Degree-Felony

Murder, in pertinent part, as follows:

A person is guilty of murder in the second degree when. . .

while engaged in the commission of, or attempt to commit, or

flight after committing or attempting to commit any felony, the

person, with criminal negligence, causes the death of another

person.

In order to find the Defendant guilty of Murder in the Second Degree-Felony

Murder, as alleged in Count * of the indictment, you must find that all of the following

elements have been established beyond a reasonable doubt:

(1) The Defendant caused the death of [Other Person]; and

(2) The Defendant caused the death of [Other Person] while

engaged in the commission of, or attempt to commit, or flight

after committing or attempting to commit the felony [Other

Felony] as set forth in Count *; and

(3) The Defendant acted with criminal negligence in causing [Other

Person]’s death.

A defendant causes the death of another person when [s/he] brings about that

person’s death, which would not have happened but for [her/his] act.

“While engaged in the commission of, or attempt to commit, or flight after

committing or attempting to commit any felony” does not mean that the killing must

have occurred at the same instant as the underlying felony, or that the killing must have

been caused by the underlying felony, but, rather, as used here “while” means that the

killing must be directly associated with the underlying felony as part of one continuous

occurrence.

To understand the crime of Murder in the Second Degree-Felony Murder as

alleged in Count * of the indictment, you must understand the elements of the felony

[Other Felony].

Delaware law defines the felony [Other Felony], in pertinent part, as follows:

[Statutory Language Defining Other Felony]

So for one to commit [Other Felony] the following must be established beyond a

reasonable doubt:

[Elements of Other Felony]

[Definitions needed to explain Elements of Other Felony]

A person acts with “criminal negligence” with respect to causing another’s death

when [s/he] fails to perceive a risk that death would result from [her/his] conduct. The

risk must be of such a nature and degree that disregard thereof constitutes a gross

deviation from the standard of conduct that a reasonable person would observe in the

situation. Lastly, under Delaware law, when criminal negligence suffices to establish

an element of an offense, that element also is established if one acts recklessly or

intentionally.

If, after considering all of the evidence, you find that the State has established

beyond a reasonable doubt that the Defendant acted in such a manner as to satisfy all

of the elements that I have just stated, on or about the date and at or about the place

stated in the indictment, you should find the Defendant guilty of Murder in the Second

Degree-Felony Murder. If you do not so find, or if you have a reasonable doubt as to

any element of this offense, you must find the Defendant not guilty of Murder in the

Second Degree-Felony Murder.