UNLAWFUL MANUFACTURING OF A CONTROLLED SUBSTANCE WITH A CHILD PRESENT – UNDER AGE 16 AND PRESENT

UNLAWFUL MANUFACTURING OF A CONTROLLED SUBSTANCE WITH A CHILD PRESENT – UNDER AGE 16 AND PRESENT: H.R.S. § Section 712-1240.5(1) If you find that the prosecution proved the Offense of (name of the manufacturing charge) [in Count __________] beyond a reasonable doubt, then you must answer the following three questions on a special interrogatory which will be provided to you: 1. Did the Prosecution prove beyond a reasonable doubt that at any time during the commission of the offense a child under the age of sixteen was present in the structure where the offense occurred? 2. Did the Prosecution prove beyond a reasonable doubt that the Defendant knew at any time during the commission of the offense that the child was present in the structure where the offense occurred? 3. Did the Prosecution prove beyond a reasonable doubt that the Defendant knew at any time during the commission of the offense that the child who was in the structure where the offense occurred was under the age of sixteen? You must answer each of these questions separately. Your answer to each question must be unanimous. “Structure” means any house, apartment building, shop, warehouse, building, vessel, cargo container; motor vehicle, tent, recreational vehicle, trailer; or other enclosed space capable of holding a child and equipment for the manufacture of a controlled substance (designate the controlled substance alleged in the manufacturing charge). Notes H.R.S. § 712-1240.5(1). For definitions of states of mind, see instruction: For definition of terms defined by H.R.S. Chapter 712, see instruction: