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HAWJIC 13.57A
UNLAWFUL MANUFACTURING OF A CONTROLLED SUBSTANCE WITH A CHILD PRESENT – SPECIAL INTERROGATORY – UNDER AGE 18
Hawaiʻi Pattern Jury Instructions — Criminal · Revised 08/14/07 · compendium p. 883
Statutes:§712-1240.5
UNLAWFUL MANUFACTURING OF A CONTROLLED SUBSTANCE WITH A CHILD PRESENT – SPECIAL INTERROGATORY – UNDER AGE 18 AND CAUSES SUBSTANTIAL OR SERIOUS BODILY INJURY: H.R.S. § 712-1240.5(2)
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? Yes __________ No __________
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? Yes __________ No __________
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? Yes __________ No __________
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? Yes __________ No __________ You must answer each of the questions separately. Your answer to each of these questions 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:
Verify against the current official HAWJIC compendium.