DE · jury_instructions
Del. P.J.I. Crim. No. 11.906(3)
Deceptive Business Practices[Taking Greater Quantity]
DECEPTIVE BUSINESS PRACTICES
In order to find Defendant guilty of Deceptive Business Practices, you must
find the State has proved the following two (2) elements beyond a reasonable doubt:
(1) Defendant took, or attempted to take, more than the represented quantity
of any commodity or service; and
(2) Defendant acted knowingly or recklessly.
“Knowingly” means Defendant was aware of the nature of Defendant’s
conduct.
“Recklessly” means Defendant was aware of and consciously disregarded a
substantial and unjustifiable risk that an improper taking would result from
Defendant’s conduct. The State must demonstrate the risk was of such a nature and
degree Defendant’s disregard of it was a gross deviation from the standard of conduct a
reasonable person would observe under the same circumstances.
Provenance
- Source
- courts.delaware.gov
- Retrieved
- 2026-09-23
- Edition
- crim-2022-03-14
- Content hash
5cf8f96269fdb88625b318a166b6d244faf12e4e2624875bddc44a71b1f3653f
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