Haw. Pattern Jury Instr. (Criminal) 12.10

DEFENDANT CONFINED IN A FACILITY - CONTRABAND:

H.R.S. § 710-1023(1)(b)

[In Count (count number) of the Indictment/Complaint, the]

[The] Defendant, (defendant's name), is charged with the offense

of Promoting Prison Contraband in the Second Degree.

A person commits the offense of Promoting Prison Contraband

in the Second Degree if he/she, being confined in a

[correctional facility] [detention facility], intentionally

[makes] [obtains] [possesses] known contraband.

There are five material elements of the offense of

Promoting Prison Contraband in the Second Degree, each of which

the prosecution must prove beyond a reasonable doubt.

These five elements are:

1. That, on or about (date) in the [City and] County of

(name of county), the Defendant [made] [obtained] [possessed]

(specify item); and

2. That the Defendant did so intentionally; and

3. That the Defendant did so while confined in a

[correctional facility] [detention facility]; and

4. That the (specified item) was contraband; and 5. That

the Defendant knew the (specified item) was contraband.

"Contraband" means any article or thing which a person

confined in a correctional or detention facility is prohibited

from obtaining or possessing by statute, rule, regulation, or

order.