Del. P.J.I. Crim. No. 4.33

LIABILITY FOR CONDUCT OF ANOTHER [GENERAL]

In order to find the defendant guilty of a crime committed by another

person, you must find that the State has proved the following three elements

beyond a reasonable doubt:

First, another person committed the crime; and

Second, the defendant intended to promote or facilitate the commission of

the crime; and

Third, the defendant requested, commanded, aided, counseled, or agreed or

attempted to aid another person in planning or committing the crime.

If two or more persons join together with a common intent to commit an

unlawful act, and it is reasonably foreseeable that a different or second crime

might be committed, even if that second crime was not agreed upon in advance,

then all of those persons are responsible for that second crime, as long as their

conduct was done in furtherance of or in aid to the original unlawful act.

Mere presence at the scene of a crime, without proof of the elements that I

have outlined for you, does not support a finding of guilt. You may find a

defendant guilty of a crime committed by another person only if you are satisfied

beyond a reasonable doubt that the crime was within the scope of the agreed

activity, or that the crime was reasonably to be expected as the result of that

activity.

It is not a defense that the other person has not been prosecuted for or

convicted of any crime based on the conduct in question.

A person indicted as a principal for committing a crime may be convicted as

an accomplice to another person. A person indicted as an accomplice to a crime

committed by another person may be convicted as a principal.

Your verdict must be unanimous as to the existence of a principal-

accomplice relationship between the participants. However, there is no

requirement that the jury be unanimous as to which person was the principal and

which person was the accomplice, as long as you are all agreed on the issue of

guilt.