DE · jury_instructions
Del. P.J.I. Crim. No. 5.5
Consent [Acts Not Involving Physical Injury]
CONSENT [ACTS NOT INVOLVING PHYSICAL INJURY]
The defendant has raised the defense that [victim] consented to the conduct
in question. This defense is available if the act did not involve, or threaten,
physical injury; and the consent negates an element of the crime.
The consent must have been given prior to commission of the act[s] that
otherwise would constitute the crime. Consent given after the act[s] is not
sufficient.
If, after considering all the evidence tending to support this defense, you
find that the evidence raises a reasonable doubt in your mind about the
defendant’s guilt, you must find the defendant not guilty of the crime. You must
consider evidence of this defense along with all other evidence in determining
whether the State has satisfied its burden of proving the defendant’s guilt beyond a
reasonable doubt.
Provenance
- Source
- courts.delaware.gov
- Retrieved
- 2026-09-23
- Edition
- crim-2022-03-14
- Content hash
096f1a2b779ebb34de51a8dcaebaf1606644c2605b258897da39b586eda6aa2a
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