Home / Jury instructions / HAWJIC 13.16
HAWJIC 13.16
PROMOTING A HARMFUL DRUG IN THE FIRST DEGREE – DISTRIBUTION TO A MINOR
Hawaiʻi Pattern Jury Instructions — Criminal · 04/19/96 · compendium p. 810
Statutes:§712-1244
Material elements — the prosecution must prove each beyond a reasonable doubt
material elements of the offense of Promoting a Harmful Drug 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 distributed (specify harmful drug) in any amount to a person; and
2. That the person was, at that time, a minor; and
3. That the Defendant did so knowingly.
PROMOTING A HARMFUL DRUG IN THE FIRST DEGREE – DISTRIBUTION TO A MINOR: H.R.S. § 712-1244(1)(e)
[In Count (count number) of the Indictment/Complaint, the]
[The] Defendant, (defendant's name), is charged with the offense of Promoting a Harmful Drug in the First Degree. A person commits the offense of Promoting a Harmful Drug in the First Degree if he/she knowingly distributes (specify harmful drug) in any amount to a minor.
There are three material elements of the offense of Promoting a Harmful Drug 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 distributed (specify harmful drug) in any amount to a person; and
2. That the person was, at that time, a minor; and
3. That the Defendant did so knowingly.
Notes H.R.S. §§ 712-1244(1)(e), 702-206(2). For definition of states of mind, see instruction: For definition of terms defined by H.R.S. Chapter 712, see instructions:
Also references
Verify against the current official HAWJIC compendium.