Del. P.J.I. Crim. No. 11.835(a)

CARJACKING IN THE SECOND DEGREE

In order to find Defendant guilty of Carjacking in the Second Degree, you must

find the State has proved the following four (4) elements beyond a reasonable doubt:

(1) Defendant took possession or control of a motor vehicle from a person, or

while in the immediate presence of a person;

(2) Defendant took by coercion, duress, or otherwise without the person’s

permission;

(3) Defendant acted knowingly; and

(4) Defendant acted unlawfully.

The person may be the owner of the vehicle, or any operator, occupant or

passenger of the vehicle, or any person who has an interest in the vehicle which

Defendant is not entitled to infringe.

It is no defense to a carjacking that Defendant did not physically drive or

operate the motor vehicle. Further, it is not a defense that Defendant did not intend

to permanently deprive the person of the use of the vehicle.

“Unlawfully” means contrary to law or not permitted by law.

“Knowingly” means Defendant was aware Defendant was taking possession

or control of a motor vehicle without the person’s permission.

“Motor vehicle” includes any watercraft, in addition to its ordinary meaning.