Haw. Pattern Jury Instr. (Criminal) 13.46A

Parks, or Public Housing Projects or Complexes:

H.R.S. § 712-1249.6(1)(b) (Distribute Within 750 Feet

of Property)

[In Count (count number) of the Indictment/ Information/

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

with the offense of Promoting a Controlled Substance Near

[Schools] [Public Parks] [Public Housing Projects or Complexes].

A person commits the offense of Promoting a Controlled

Substance Near [Schools] [Public Parks] [Public Housing Projects

or Complexes] if he/she knowingly distributes a controlled

substance within seven hundred and fifty feet of the real

property comprising a [school] [public park] [public housing

project or complex].

There are three material elements of the offense of

Promoting a Controlled Substance Near [Schools] [Public Parks]

[Public Housing Projects or Complexes], 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 a controlled

substance; and

2. That the Defendant did so within seven hundred and fifty

feet of the real property comprising a [school] [public park]

[public housing project or complex]; and

3. That the Defendant acted knowingly as to each of the

foregoing elements.

“School” means any public or private preschool,

kindergarten, elementary, intermediate, middle, secondary, or

high school.

“Public housing project or complex” means a housing project

directly controlled, owned, developed, or managed by the Hawaii

public housing authority pursuant to the federal or state low-rent housing program.