PROMOTING PRISON CONTRABAND IN THE FIRST DEGREE – DANGEROUS INSTRUMENT

PROMOTING PRISON CONTRABAND IN THE FIRST DEGREE – DANGEROUS INSTRUMENT: H.R.S. § 710-1022(1)(a) [In Count (count number) of the Indictment/Complaint, the] [The] Defendant, (defendant's name), is charged with the offense of Promoting Prison Contraband in the First Degree. A person commits the offense of Promoting Prison Contraband in the First Degree if he/she intentionally conveys a dangerous instrument to a person confined in a [correctional facility] [detention facility]. There are three material elements of the offense of Promoting Prison Contraband in the First Degree, each of which the prosecution must prove beyond a reasonable doubt. These three elements are: 1. That, on or about (date) in the [City and] County of (name of county), the Defendant conveyed a dangerous instrument to a person; and 2. That the person, at the time, was confined in a [correctional facility] [detention facility]; and 3. That the Defendant did so intentionally. "Dangerous instrument" means any firearm, whether loaded or not, and whether operable or not, or other weapon, device, instrument, material, or substance, whether animate or inanimate, which in the manner it is used or is intended to be used is known to be capable of producing death or serious bodily injury; [a dangerous instrument may only be possessed by or conveyed to a confined person with the facility administrator's express prior approval.] Notes H.R.S. §§ 710-1022(1)(a) and (2), 702-206(1). For definition of states of mind, see instruction: For definition of terms defined by H.R.S. Chapter 710, see instruction: