UNLAWFUL MANUFACTURING OF A CONTROLLED SUBSTANCE WITH A CHILD PRESENT – UNDER AGE 18 AND CAUSES SUBSTANTIAL

UNLAWFUL MANUFACTURING OF A CONTROLLED SUBSTANCE WITH A CHILD PRESENT – UNDER AGE 18 AND CAUSES SUBSTANTIAL OR SERIOUS BODILY INJURY: H.R.S. § 712-1240.5(2) 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 four questions on a special interrogatory which will be provided to you: 1. Did the Prosecution prove beyond a reasonable doubt that any time during the commission of the offense a child under the age of eighteen 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 was under the age of eighteen? 4. Did the Prosecution prove beyond a reasonable doubt that the Defendant knowingly caused serious or substantial bodily injury to that child as a result of committing the offense of manufacturing a controlled substance? 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(2). For definitions of states of mind, see instruction: For definition of terms defined by H.R.S. Chapter 707, see instruction: For definition of terms defined by H.R.S. Chapter 712, see instruction: