Promoting a Controlled Substance Near Schools, Public

Hawaiʻi Pattern Jury Instructions — Criminal · Revised 10/29/14 · compendium p. 864

Material elements — the prosecution must prove each beyond a reasonable doubt

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 three elements are: 1. That, on or about (date) in the [City and] County of (name of county), the Defendant manufactured methamphetamine or any of its salts, isomers, and salts of isomers; 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 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.

Promoting a Controlled Substance Near Schools, Public Parks, or Public Housing Projects or Complexes: H.R.S. § 712-1249.6(1)(d) (Manufacture Methamphetamine 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 manufactures methamphetamine or any of its salts, isomers, and salts of isomers, within seven hundred and fifty feet of 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 Near [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 manufactured methamphetamine or any of its salts, isomers, and salts of isomers; 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 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)(b), (6), and (7), 702-206(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:

Notes & authorities

H.R.S. §§ 712-1249.6(1)(b), (6), and (7), 702-206(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:

Also references

§702-206

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