DE · jury_instructions
Del. P.J.I. Crim. No. 11.825(a)(1)
Burglary in the Second Degree [Dwelling]
BURGLARY IN THE SECOND DEGREE [DWELLING]
In order to find Defendant guilty of Burglary in the Second Degree, you must
find the State has proved the following four (4) elements beyond a reasonable doubt:
(1) Defendant knowingly entered or remained in a building;
(2) The building was a dwelling;
(3) Defendant intended to commit a crime in the dwelling; and
(4) 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 into the dwelling.
“Intentionally” means it was Defendant’s conscious objective or purpose to
commit a crime in the dwelling.
“Knowingly” means Defendant was aware Defendant was entering the dwelling
to commit a crime offense.
“Dwelling” means a building that is usually occupied by a person who lives
there at night.
“Enter" means Defendant introduced a part of Defendant’s body or part of an
instrument, by whatever means, into the dwelling.
Provenance
- Source
- courts.delaware.gov
- Retrieved
- 2026-09-23
- Edition
- crim-2022-03-14
- Content hash
bacd8cf48b2633f86f3c1130eab411044e52e3b91ab957e6aaaf1a3ee4c72a66
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