COLJI-Crim. 18:46.INT

If you find the defendant not guilty of [insert name(s) of felony

offense(s) from Article 18, Part 4], you should disregard this instruction

and fill out the verdict form reflecting your not guilty verdict.

If, however, you find the defendant guilty of [insert name(s) of felony

offense(s) from Article 18, Part 4], you should sign the verdict form to

indicate your finding of guilt, and answer the following verdict question

on the verdict form:

Did the defendant commit the offense in a protected area? (Answer

“Yes” or “No”)

The defendant committed the offense in a protected area only if:

1. the defendant committed the selling, distributing, possessing

with intent to distribute, manufacturing, or attempt to

manufacture any controlled substance, [within or upon the

grounds of any public or private elementary school, middle

school, junior high school, high school, vocational school, or

public housing development] [within one thousand feet of the

perimeter of any such school or public housing development

grounds on any street, alley, parkway, sidewalk, public park,

playground, or other area or premises that was accessible to the

public] [within any private dwelling that was accessible to the

public for the purpose of the unlawful sale, distribution, use,

exchange, manufacture, or attempted manufacture of any

controlled substance] [in any school vehicle, while the school

vehicle was engaged in the transportation of students].

The prosecution has the burden to prove the numbered condition

beyond a reasonable doubt.

After considering all the evidence, if you decide the prosecution has

met this burden, you should mark “Yes” in the appropriate place, and have

the foreperson sign the designated line of the verdict form.

After considering all the evidence, if you decide the prosecution has

failed to meet this burden, you should mark “No” in the appropriate place,

and have the foreperson sign the designated line of the verdict form.