Del. P.J.I. Crim. No. 11.916(b)(3)

HOME IMPROVEMENT FRAUD

In order to find Defendant guilty of Home Improvement Fraud, you must find

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

(1) Defendant entered, or offered to enter, into a contract to provide home

improvements;

(2) Defendant made an untrue statement about, or omitted to state, a material

fact relating to the terms of the home improvement contract, or the existing condition

of any portion of the property;

(3) Defendant meant to take the money under the home improvement contract;

and

(4) Defendant acted intentionally.

You may infer, but you are not required to infer, Defendant intended to take the

money paid under the home improvement contract if Defendant [has been previously

convicted under (this section of the Code/any similar federal or state statute) within

ten years of the contract in question/is currently subject to any administrative

judgment, order, or injunction related to home improvements under 6 Del. C. ch.

25/failed to comply with 6 Del. C. ch. 44 with respect to the home improvement

contract in question/used or threatened force against (victim), who was 62 years or

older at the time of the charged offense].

Home Improvement Fraud is a misdemeanor, unless the [(contract price/total

amount paid) is $1,500 or more/(victim) was 62 years of age or older at the time of the

charged offense/Defendant was previously convicted under this section of the Code].

In any one of these circumstances, Home Improvement Fraud is a felony. In this case,

the State is charging Defendant with Home Improvement Fraud

[Misdemeanor/Felony].

"Home improvement" means any alteration, repair, addition, modification, or

improvement to any dwelling or the property on which it is located.

"Home improvement contract" is any agreement, written or oral, in which

Defendant offers or agrees to provide home improvements in exchange for payment,

whether such payment has been made or not.

“Intentionally” means it was Defendant’s conscious objective or purpose to take

the money.