DE · jury_instructions
Del. P.J.I. Crim. No. 11.824
Burglary in the Third Degree
BURGLARY IN THE THIRD DEGREE
In order to find Defendant guilty of Burglary in the Third Degree, you must
find the State has proved the following three (3) elements beyond a reasonable doubt:
(1) Defendant knowingly entered or remained in a building;
(2) Defendant intended to commit a crime in the building; and
(3) Defendant acted unlawfully.
“Building” is defined as 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.
“Unlawfully” means Defendant had no legal authority, license or permission
to enter or remain in the building.
“Intentionally” means it was Defendant’s conscious objective or purpose to
commit a crime in the building.
“Knowingly” means Defendant was aware Defendant was entering the
building to commit a crime.
“Enter" means Defendant introduced a part of Defendant’s body or part of an
instrument, by whatever means, into the building.
Provenance
- Source
- courts.delaware.gov
- Retrieved
- 2026-09-23
- Edition
- crim-2022-03-14
- Content hash
30c90258005ce666e491cccb24cb5ac86bd46e50d1fe225346e723c7067372f6
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