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HAWJIC 13.59
METHAMPHETAMINE TRAFFICKING IN THE FIRST DEGREE – DISTRIBUTION OF ONE-EIGHTH OUNCE OR MORE
Hawaiʻi Pattern Jury Instructions — Criminal · Revised 08/09/07 · compendium p. 887
Statutes:§712-1240.7
Material elements — the prosecution must prove each beyond a reasonable doubt
material elements of the offense of Methamphetamine Trafficking in the First Degree, each of which the prosecution must prove beyond a reasonable doubt.
These three elements are:
1. That, on or about (date), in the [City and] County of (name of county), the Defendant distributed one or more preparations, compounds, mixtures, or substances of an aggregate weight of one-eighth ounce or more; and
2. That the one or more preparations, compounds, mixtures, or substances contained methamphetamine or any of its salts, isomers, and salts of isomers; and
3. That the Defendant acted knowingly as to each of the foregoing elements.
METHAMPHETAMINE TRAFFICKING IN THE FIRST DEGREE – DISTRIBUTION OF ONE-EIGHTH OUNCE OR MORE: H.R.S. §712-1240.7(1)(b)
[In Count (count number) of the Indictment/Complaint, the]
[The Defendant, (defendant’s name), is charged with the offense of Methamphetamine Trafficking in the First Degree. A person commits the offense of Methamphetamine Trafficking in the First Degree if he/she knowingly distributes one or more preparations, compounds, mixtures, or substances of an aggregate weight of one-eighth ounce or more containing methamphetamine or any of its salts, isomers, and salts of isomers.
There are three material elements of the offense of Methamphetamine Trafficking in the First Degree, each of which the prosecution must prove beyond a reasonable doubt.
These three elements are:
1. That, on or about (date), in the [City and] County of (name of county), the Defendant distributed one or more preparations, compounds, mixtures, or substances of an aggregate weight of one-eighth ounce or more; and
2. That the one or more preparations, compounds, mixtures, or substances contained methamphetamine or any of its salts, isomers, and salts of isomers; and
3. That the Defendant acted knowingly as to each of the foregoing elements.
Notes H.R.S. § 712-1240.7(1)(b) For definition of state of mind, see instruction: For definition of terms defined by H.R.S. Chapter 712, see instructions:
Verify against the current official HAWJIC compendium.