Del. P.J.I. Crim. No. 11.762(d)

TEENAGE DEFENDANT [FOUR YEAR RULE]

Defendant has asserted the affirmative defense of consent. In order to find

Defendant not guilty of an offense because of consent, you must find Defendant

has established each of the following three (3) elements by a preponderance of the

evidence:

(1) Defendant was no more than four (4) years older than the person at the

time of the charged offense;

(2) The person was twelve through fifteen years of age at the time of the

charged offense; and

(3) The person knowingly consented to the charged offense.

“Knowingly” means the person was aware Defendant’s conduct was of a

certain nature.

“Consent” means the person willingly agreed to engage in or submit to

Defendant’s conduct.

Proof by a preponderance of the evidence means proof something is more

likely than not. It means that certain evidence, when compared to the evidence

opposed to it, has the more convincing force and makes you believe something is

more likely true than not. Preponderance of the evidence does not depend on the

number of witnesses. If the evidence supporting the defense is evenly balanced,

then Defendant has not proved the defense by a preponderance of the evidence,

and you must find against Defendant on that point. The state has no burden to

present any evidence on this matter.