Del. P.J.I. Crim. No. 4.36

LIABILITY FOR THE CONDUCT OF ANOTHER [EXEMPTION]

The defendant has asserted as an affirmative defense that the defendant is

not liable for the conduct of [name of person committing the underlying offense]

because, prior to the commission of the crime, the defendant took certain actions

to terminate the defendant’s participation in the crime. In order to establish this

affirmative defense, the defendant must prove each of the following three

elements by a preponderance of the evidence:

First, the defendant terminated [his/her] involvement in the crime prior to its

commission; and

Second, the defendant voluntarily caused [his/her] prior involvement in the

crime to be of no further assistance in the commission of the crime; and

Three, the defendant gave timely warning to law enforcement officials, or

otherwise made a proper effort to prevent the commission of the crime.

Proof by a preponderance of the evidence means that it is more likely than

not that the evidence presented establishes each of the above by a preponderance

of the evidence, you must find the defendant not guilty of the offense committed

by [name of person committing underlying offense].