Del. P.J.I. Crim. No. 11.828(a)(2)

POSSESSION OF BURGLAR'S TOOLS OR INSTRUMENTS

FACILITATING THEFT [DISABLING SECURITY DEVICE]

In order to find Defendant guilty of Possession of Burglar's Tools or

Instruments Facilitating Theft, you must find the State has proved the following two

(2) elements beyond a reasonable doubt:

(1) Defendant was in possession of any tool or instrument, commonly used for

committing or facilitating unlocking, overriding, or disabling a security device,

without authorization; and

(2) Defendant intended to use, or knew another person intended to use, the

tool or instrument to unlock, override, or disable a security device, without

authorization.

“In possession” means Defendant possessed the tool or instrument at a time and

place close to the commission of unlocking, overriding, or disabling a security device,

without authorization, or under circumstances not clearly appropriate for the tool or

instrument’s lawful use.

“Possession” means the tool or instrument was in the immediate personal

possession of, or under the immediate control of, Defendant so it was physically

available or accessible during the commission of unlocking, overriding, or disabling

a security device, without authorization.