UNLAWFUL METHAMPHETAMINE TRAFFICKING OF ONE-EIGHTH

UNLAWFUL METHAMPHETAMINE TRAFFICKING OF ONE-EIGHTH OUNCE OR MORE – DEATH OR SERIOUS BODILY INJURY: H.R.S. § 712-1240.6(2)(a) If you find that the prosecution has proved beyond a reasonable doubt that the Defendant committed the offense in Count (count number) of the Indictment/Complaint of Unlawful Methamphetamine Trafficking of one-eighth ounce or more, then you must answer the following question on a special interrogatory that will be provided to you: Did the prosecution prove beyond a reasonable doubt that death or serious bodily injury to any person other than the Defendant resulted from the [manufacture of] [distribution of] [dispensing of] [possession with intent to manufacture, distribute, or dispense] any methamphetamine substance? “Serious bodily injury” means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. Your answer to this question must be unanimous. Notes H.R.S. § 712-1240.6(2)(a). The Committee took no position as to whether a state of mind is required to determine this question. For special interrogatory as to this instruction, see instruction 13.54A.