Del. P.J.I. Crim. No. 11.805

CROSS OR RELIGIOUS SYMBOL BURNING

In order to find Defendant guilty of [Cross/Religious Symbol] Burning, you

must find the State has proved the following three (3) elements beyond a reasonable

doubt:

(1) Defendant burned or caused to be burned a [cross/religious symbol];

(2) Defendant did not have the express written consent of the owner of the

property and did not notify officials in the county in which the burning took place at

least 48 hours in advance of the proposed burning; and

(3) Defendant acted [intentionally/knowingly/recklessly].

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

[burn/cause to be burned] a [cross/religious symbol].

“Knowingly” means Defendant was aware Defendant was [burning/causing to

be burned] a [cross/religious symbol].

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

substantial and unjustifiable risk that a [cross/religious symbol] would be burned as

the result of Defendant’s conduct. 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.