Del. P.J.I. Crim. No. 11.636(a)(6)

MURDER IN THE FIRST DEGREE

CAUSING DEATH TO AVOID ARREST OR TO AID ESCAPE

In order to find Defendant guilty of Murder in the First Degree, you must

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

doubt:

(1) Defendant caused a person’s death [in order to avoid or prevent the

lawful arrest of any person/in the course or furtherance of escape or attempted

escape (in the second degree/after conviction)] ; and

(2) Defendant acted intentionally, knowingly, or recklessly.

In order to prove Defendant “caused” a person’s death, the State must

establish that the person would not have died but for Defendant’s conduct.

The State is not required to prove that death was caused for the purpose of

assisting Defendant’s [escape in the second degree/attempt to escape in the second

degree/escape after conviction]. Rather, the State is only required to show that the

person’s death occurred during Defendant’s [escape in the second degree/attempt to

escape in the second degree/escape after conviction].

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

cause a person’s death.

“Knowingly” means Defendant was aware Defendant’s conduct was likely

to result in a person’s death.

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

substantial and unjustifiable risk that death would result from Defendant’s

conduct. The State must demonstrate the risk was of such a nature and degree that

Defendant’s disregard of the risk was a gross deviation from the standard of

conduct a reasonable person would observe under the same circumstances.

“In the course of” means the person’s death occurred while Defendant was

[escaping in the second degree/attempting to escape in the second degree/escaping

after conviction].

“In the furtherance of” means only that the person’s death was caused by

Defendant who was [escaping in the second degree/attempting to escape in the

second degree/escaping after conviction].