DE · jury_instructions
Del. P.J.I. Crim. No. 5.8
Consent to Enter and Remain in [Building/Dwelling]
CONSENT TO ENTER AND REMAIN IN A [BUILDING/DWELLING]
The defendant has raised the defense of consent to enter or remain in a
[building/dwelling].
A person enters or remains unlawfully in a place when that person does not
have the permission or consent of the owner to be there. Permission or consent is
not valid if it is the result of force, duress or deception.
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 the 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
e5290e3b2b460dff097550ae9442614f8e573797febdff13fbd3e69aa9c76c5e
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