POSSESSION OF A FIREARM TO FACILITATE DISTRIBUTION OF A CONTROLLED SUBSTANCE

POSSESSION OF A FIREARM TO FACILITATE DISTRIBUTION OF A CONTROLLED SUBSTANCE: H.R.S. § 134-6(b) [In Count (count number) of the Indictment/Complaint, the] [The] Defendant, (defendant's name), is charged with the offense of Possession of A Firearm to Facilitate Distribution of a Controlled Substance. A person commits the offense of Possession of A Firearm to Facilitate Distribution of a Controlled Substance if he/she knowingly possesses a firearm with the intent to facilitate the commission of a felony offense involving the distribution of (specify controlled substance), whether the firearm is loaded or not, and whether operable or not. There are four material elements of the offense of Possession of A Firearm to Facilitate Distribution of a Controlled Substance, each of which the prosecution must prove beyond a reasonable doubt. These four elements are: 1. That, on or about (date) in the [City and] County of (name of county), the Defendant possessed a firearm, whether the firearm was loaded or not, and whether operable or not; and 2. That the Defendant did so knowingly; and 3. That the Defendant did so with the intent to facilitate the commission of (specify felony offense); and 4. That (specify felony offense) involved the distribution of (specify controlled substance). "Distribution" means the selling, transferring, prescribing, giving or delivering to another, or the leaving, bartering,or exchanging with another, or the offering or agreeing to do the same. [A person commits the offense of (specify felony offense) if he/she . . . There are (number) material elements of the (specify felony offense), each of which the prosecution must prove beyond a reasonable doubt. These (number) elements are: (List elements numerically).] Notes H.R.S. §§ 134-6(b), 702-206(1) and (2). For definition of states of mind, see instructions: For definition of terms defined by H.R.S. Chapter 134, see instruction: For definition of "possession", see instruction 6.06. For statutory exemptions to H.R.S. § 134-6(b), see instruction 15.14. The court must instruct the jury on the elements of the specified felony offense if the Defendant is not charged with the commission of the specified felony offense. "Controlled substance" means a drug, substance, or immediate precursor in Schedules I through V of part II of H.R.S. Chapter 329.