Promoting a Controlled Substance in or on Schools, Public Parks, or Public Housing Projects or Complexes

Promoting a Controlled Substance in or on Schools, Public Parks, or Public Housing Projects or Complexes: H.R.S. § 712-1249.6(1)(a) (Distribute In/On Property) [In Count (count number) of the Indictment/ Information/ Complaint, the] [The] Defendant, (defendant's name), is charged with the offense of Promoting a Controlled Substance in or on [Schools] [Public Parks] [Public Housing Projects or Complexes]. A person commits the offense of Promoting a Controlled Substance in or on [Schools] [Public Parks] [Public Housing Projects or Complexes] if he/she knowingly distributes a controlled substance in or on the real property comprising a [school] [public park] [public housing project or complex]. There are three material elements of the offense of Promoting a Controlled Substance in or on [Schools] [Public Parks] [Public Housing Projects or Complexes], 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 a controlled substance; and 2. That the Defendant did so in or on the real property comprising a [school] [public park] [public housing project or complex]; and 3. That the Defendant acted knowingly as to each of the foregoing elements. “School” means any public or private preschool, kindergarten, elementary, intermediate, middle, secondary, or high school. “Public housing project or complex” means a housing project directly controlled, owned, developed, or managed by the Hawaii public housing authority pursuant to the federal or state low- rent housing program. Notes H.R.S. §§ 712-1249.6(1)(a), (6), and (7), 702-206(2). For definition of “controlled substance,” see H.R.S. § 3291. For definition of states of mind, see instruction: For definition of terms defined by H.R.S. Chapter 712, see instruction: