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

Promoting a Controlled Substance Near Schools, Public Parks, or Public Housing Projects or Complexes: H.R.S. § 712-1249.6(1)(b) (Possess Within 750 Feet of 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 Near [Schools] [Public Parks] [Public Housing Projects or Complexes]. A person commits the offense of Promoting a Controlled Substance Near [Schools] [Public Parks] [Public Housing Projects or Complexes] if he/she knowingly possesses with intent to distribute a controlled substance within seven hundred and fifty feet of the real property comprising a [school] [public park] [public housing project or complex]. There are four material elements of the offense of Promoting a Controlled Substance Near [Schools] [Public Parks] [Public Housing Projects or Complexes], each of which the prosecution must prove beyond a reasonable doubt. These four elements are: 1. That, on or about (date) in the [City and] County of (name of county), the Defendant possessed a controlled substance; and 2. That the Defendant did so within seven hundred and fifty feet of the real property comprising a [school] [public park] [public housing project or complex]; and 3. That the Defendant did so with intent to distribute the controlled substance within seven hundred and fifty feet of such property; and 4. That the Defendant acted knowingly as to elements 1 and 2. “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)(b), (6), and (7), 702-206(1) and (2). For definition of “controlled substance,” see H.R.S. § 329-1. For definition of states of mind, see instruction: For definition of terms defined by H.R.S. Chapter 712, see instruction: For definition of “possession,” see instruction 6.06.