Del. P.J.I. Crim. No. 11.804(a)

RECKLESS BURNING OR EXPLODING

In order to find Defendant guilty of Reckless [Burning/Exploding], you must

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

(1) Defendant [started a fire/caused an explosion];

(2) Defendant recklessly placed [(a building/real property/personal property)

in danger of (destruction/damage)/another person in danger of physical injury]; and

(3) Defendant intentionally [started a fire/caused an explosion].

[In this case, the State alleges that the damage to the property is more than

$1500. The State must prove beyond a reasonable doubt that the damage is in fact

more than $1500 before you can convict Defendant of felony Reckless

(Burning/Exploding)].

"Building" is defined as any structure, vehicle or watercraft. Where a building

consists of two or more units separately secured or occupied, each unit is considered a

separate building.

"Physical injury" means any impairment of physical condition or substantial

pain.

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

[start a fire/cause an explosion].

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

substantial and unjustifiable risk [(a building/real or personal property) would be

destroyed or damaged/another person would be physically injured]. The State must

demonstrate the risk was of such a nature and degree Defendant’s disregard of the

risk was a gross deviation from the standard of conduct a reasonable person would

observe under the same circumstances.