Promoting a Controlled Substance Near School Vehicles

Promoting a Controlled Substance Near School Vehicles: H.R.S. § 712-1249.6(1)(c) (Possess Near Vehicles) [In Count (count number) of the Indictment/Complaint, the] [The] Defendant, (defendant's name), is charged with the offense of Promoting a Controlled Substance Near School Vehicles. A person commits the offense of Promoting a Controlled Substance Near School Vehicles if he/she knowingly possesses with intent to distribute a controlled substance within ten feet of a parked school vehicle during the time that the vehicle is in service or waiting to transport school children. There are four material elements of the offense of Promoting a Controlled Substance Near School Vehicles, 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 ten feet of a parked school vehicle during the time that the vehicle was in service or waiting to transport school children; and 3. That the Defendant did so with intent to distribute the controlled substance within ten feet of a parked school vehicle during the time that the vehicle was in service or waiting to transport school children; and 4. That the Defendant acted knowingly as to elements 1 and 2. “School vehicle” means any publicly or privately owned motor vehicle used to transport pupils to and from a school, school functions, or school-related events [except [vehicles used to transport pupils attending schools above the twelfth grade or pupils over eighteen years of age] [privately-owned passenger vehicles when the transportation is provided without compensation of any kind] [vehicles used to transport pupils together with other passengers as part of the regularly scheduled operation of a mass transit system] [privately-owned vehicles when the transportation is provided by a community association or nonprofit corporation, duly incorporated with the department of commerce and consumer affairs, which operates for the purpose of promoting recreation, health, safety, ridesharing, or social group functions]]. “School” means any public or private preschool, kindergarten, elementary, intermediate, middle, secondary, or high school. Notes H.R.S. §§ 712-1249.6(1)(c) and (6), 702-206(1) and (2), 286-181. For definition of “controlled substance,” see H.R.S. § 329- 1. For definition of states of mind, see instructions: For definition of terms defined by H.R.S. Chapter 712, see instruction: For definition of “possession,” see instruction 6.06. For the purposes of this section, “school vehicle” means every school vehicle as defined in section 286-181 and any regulations adopted pursuant to that section. This jury instruction incorporates that statutory section as of the time of drafting. Counsel should review the current versions of section 286-181 and any regulations adopted pursuant to that section for any changes before using this instruction.