PROMOTING PRISON CONTRABAND IN THE FIRST DEGREE – DEFENDANT CONFINED IN A FACILITY - DRUG

PROMOTING PRISON CONTRABAND IN THE FIRST DEGREE – DEFENDANT CONFINED IN A FACILITY - DRUG H.R.S. § 710-1022(1)(b) [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, being confined in a [correctional facility] [detention facility], intentionally [makes] [obtains] [possesses] a drug. 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 [made] [obtained] [possessed] a drug; and 2. That the Defendant did so intentionally; and 3. That the Defendant did so while confined in a [correctional facility] [detention facility]; and A "drug" shall include dangerous drugs, detrimental drugs, harmful drugs, intoxicating compounds, marijuana, and marijuana concentrates as listed in § 712-1240; [a drug may only be possessed by or conveyed to a confined person with the facility administrator's express prior approval and under medical supervision.] Notes H.R.S. §§ 710-1022(1)(b) 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: