UNLAWFUL METHAMPHETAMINE TRAFFICKING OF LESS THAN

UNLAWFUL METHAMPHETAMINE TRAFFICKING OF LESS THAN ONE-EIGHTH OUNCE – DEATH OR SERIOUS BODILY INJURY: H.R.S. § 712-1240.6(3)(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, 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], [distribution], [dispensing] of 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(3)(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 13.55A.