Del. P.J.I. Crim. No. 11.872

FALSIFYING BUSINESS RECORDS [AFFIRMATIVE DEFENSE]

In this case, Defendant has asserted an affirmative defense to the charge of

Falsifying Business Records. In order to establish this affirmative defense, Defendant

must prove each of the following three (3) elements by a preponderance of the

evidence:

(1) Defendant was a clerk, bookkeeper, or employee of the enterprise at the

time of the charged falsification;

(2) Defendant merely executed the orders of an employer or supervisor; and

(3) Defendant received no personal benefit from the falsification.

Proof by a preponderance of the evidence means proof something is more

likely than not. It means certain evidence, when compared to the evidence opposed

to it, is more convincing. Preponderance of the evidence does not depend on the

number of witnesses. If the evidence supporting the defense is evenly balanced, then

Defendant has not proved the defense by a preponderance of the evidence, and you

must find against Defendant on that point. The state has no burden to present any

evidence on this matter.

If after considering all of the evidence, you find this affirmative defense is

established by a preponderance of the evidence, then you must find Defendant not

guilty of Falsifying Business Records. Even if Defendant has not proved this

affirmative defense, you must find Defendant not guilty of Falsifying Business

Records if you find the State has not proved its case beyond a reasonable doubt.