Del. P.J.I. Crim. No. 16.4763(c)

POSSESSION OF [DRUG]

In order to find Defendant guilty of this charge, you must find that the State

has proved the following elements beyond a reasonable doubt:

1. The substance possessed was [drug], or any mixture containing [drug]

[, or has a chemical structure substantially similar to [drug] or that

was specifically designed to product an effect substantially similar to

[drug]];

2. Defendant possessed the substance; and

3. Defendant acted knowingly.

“Possession” includes actual possession and constructive possession. Actual

possession means Defendant knowingly had direct physical control over the

substance. Constructive possession means the substance was within Defendant’s

reasonable control, that is, in or about Defendant’s person, premises, belongings,

or vehicle. In other words, Defendant had constructive possession over the

constructive possession over a thing, possession is joint. Possession is proven if you

find beyond a reasonable doubt Defendant had actual or constructive possession,

either alone or jointly with others.

“Knowingly” means Defendant knew or was aware Defendant possessed the

substance. The State need not prove that Defendant had any knowledge of the

weight or quantity of the substance. However, the State must prove beyond a

reasonable doubt that the substance weighed a certain amount or was in a certain

quantity. Knowledge may be inferred from the surrounding circumstances,

considering whether a reasonable person in Defendant’s circumstances would

have had such knowledge.

SPECIAL CIRCUMSTANCE

The State must prove the following special circumstance beyond a

reasonable doubt:

At the time Defendant possessed the substance with the intent to deliver the

substance,

[Defendant was within 300 feet of a school.]

[Defendant was within 300 feet of a park.]

[Defendant was within 300 feet of a place of worship.]

[Defendant was an adult (age 18 or older) and the offense involved a

juvenile (under the age of 18); and the juvenile was a co-conspirator or

accomplice, or the juvenile was the intended or actual recipient of the substance;

and Defendant was more than 4 years older than the juvenile.]

[the offense occurred in a vehicle.]

[Defendant intentionally prevented or attempted to prevent arrest by a law

enforcement officer by using force or violence towards the officer.]

[Defendant fled in a vehicle from a law enforcement office while the officer

was trying to arrest or detain Defendant, and Defendant created a substantial risk of

physical injury to others.]