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HAWJIC 13.44
COMMERCIAL PROMOTION OF MARIJUANA IN THE SECOND DEGREE
Hawaiʻi Pattern Jury Instructions — Criminal · 04/19/96 · compendium p. 843
Statutes:§712-1249.5
Material elements — the prosecution must prove each beyond a reasonable doubt
material elements of the offense of Commercial Promotion of Marijuana in the Second 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 [sold] [bartered] any
[marijuana] [(specify Schedule V substance)] to a person in any amount; and
2. That the person was, at that time, a minor; and
3. That the Defendant did so knowingly.
COMMERCIAL PROMOTION OF MARIJUANA IN THE SECOND DEGREE SELLS OR BARTERS TO A MINOR: H.R.S. § 712-1249.5(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 Second Degree. A person commits the offense of Commercial Promotion of Marijuana in the Second Degree if he/she knowingly [sells]
[barters] any [marijuana] [(specify Schedule V substance)] in any amount to a minor.
There are three material elements of the offense of Commercial Promotion of Marijuana in the Second 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 [sold] [bartered] any
[marijuana] [(specify Schedule V substance)] to a person in any amount; and
2. That the person was, at that time, a minor; and
3. That the Defendant did so knowingly.
Notes H.R.S. §§ 712-1249.5(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.