DE · jury_instructions
Del. P.J.I. Crim. No. 11.822
Criminal Trespass in the Second Degree
CRIMINAL TRESPASS IN THE SECOND DEGREE
In order to find Defendant guilty of Criminal Trespass in the Second Degree,
you must find the State has proved the following two (2) elements beyond a
reasonable doubt:
(1) Defendant knowingly entered or remained in a building, or on real property
that is fenced or otherwise enclosed in a manner clearly designed to exclude
intruders; and
(2) Defendant acted unlawfully.
“Enter" means Defendant introduced a part of Defendant’s body or apart of an
instrument, by whatever means, in a building or on property.
“Building” means any structure, vehicle or watercraft. When a building
consists of two or more units separately secured or occupied, each unit is considered a
separate building
“Real property” means land and anything growing on, attached to, or erected
on it, excluding anything that may be severed without injury to the land.
“Knowingly” means Defendant was aware Defendant was entering or
remaining in a building or on property.
“Unlawfully” means Defendant had no legal authority, license or permission
to enter or remain in the building or on the property.
Provenance
- Source
- courts.delaware.gov
- Retrieved
- 2026-09-23
- Edition
- crim-2022-03-14
- Content hash
1640ec006209570207d48bcc0473a43f7052509fbee2c1cb259f52facebf2a0e
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