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

PROMOTING PRISON CONTRABAND IN THE SECOND DEGREE – DEFENDANT CONFINED IN A FACILITY - CONTRABAND: H.R.S. § 710-1023(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 Second Degree. A person commits the offense of Promoting Prison Contraband in the Second Degree if he/she, being confined in a [correctional facility] [detention facility], intentionally [makes] [obtains] [possesses] known contraband. There are five material elements of the offense of Promoting Prison Contraband in the Second Degree, each of which the prosecution must prove beyond a reasonable doubt. These five elements are: 1. That, on or about (date) in the [City and] County of (name of county), the Defendant [made] [obtained] [possessed] (specify item); and 2. That the Defendant did so intentionally; and 3. That the Defendant did so while confined in a [correctional facility] [detention facility]; and 4. That the (specified item) was contraband; and 5. That the Defendant knew the (specified item) was contraband. "Contraband" means any article or thing which a person confined in a correctional or detention facility is prohibited from obtaining or possessing by statute, rule, regulation, or order. Notes H.R.S. §§ 710-1023(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: