DE · jury_instructions
Del. P.J.I. Crim. No. 11.811(a)(1)
Criminal Mischief [Tangible Property]
CRIMINAL MISCHIEF [DAMAGE TO TANGIBLE PROPERTY]
In order to find Defendant guilty of Criminal Mischief, you must find the State
has proved the following two (2) elements beyond a reasonable doubt:
(1) Defendant damaged tangible property of another person; and
(2) Defendant acted either intentionally or recklessly.
“Intentionally” means it was Defendant’s conscious objective or purpose to
damage the tangible property of another person.
“Recklessly” means Defendant was aware of and consciously disregarded a
substantial and unjustifiable risk that Defendant’s conduct would damage another
person’s tangible property. 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.
Provenance
- Source
- courts.delaware.gov
- Retrieved
- 2026-09-23
- Edition
- crim-2022-03-14
- Content hash
3b7e70e448d3c6a337aaa65ca00545fd3556f6f22135905509408c789dba1ec2
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