COMMERCIAL PROMOTION OF MARIJUANA IN THE FIRST DEGREE

COMMERCIAL PROMOTION OF MARIJUANA IN THE FIRST DEGREE DEVICE CAPABLE OF CAUSING INJURY: H.R.S. § 712-1249.4(1)(e) [In Count (count number) of the Indictment/Complaint, the] [The] Defendant, (defendant's name), is charged with the offense of Commercial Promotion of Marijuana in the First Degree. A person commits the offense of Commercial Promotion of Marijuana in the First Degree if he/she knowingly [uses] [causes to be used], any [firearm or other weapon] [device] [instrument] [material] [substance], whether animate or inanimate, which in the manner used is capable of causing [death] [serious bodily injury] [substantial bodily injury] [other bodily injury] in order to prevent the [theft] [removal] [search and seizure] [destruction] of marijuana. There are three material elements of the offense of Commercial Promotion of Marijuana 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 [used] [caused to be used], a [firearm or other weapon] [device] [instrument] [material] [substance], whether animate or inanimate, which in the manner used was capable of causing [death] [serious bodily injury] [substantial bodily injury] [other bodily injury]; and 2. That the Defendant did so in order to prevent the [theft] [removal] [search and seizure] [destruction] of marijuana; and 3. That the Defendant did so knowingly. Notes H.R.S. §§ 712-1249.4(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 instruction: For definition of terms not defined by H.R.S. Chapter 712, see instructions: of the appropriateness of this definition for this instruction