Haw. Pattern Jury Instr. (Criminal) 13.47C

H.R.S. § 712-1249.6(1)(c)(Distribute Near Vehicles)

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

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

of Promoting a Controlled Substance Near School Vehicles.

A person commits the offense of Promoting a Controlled

Substance Near School Vehicles if he/she knowingly distributes a

controlled substance within ten feet of a parked school vehicle

during the time that the vehicle is in service or waiting to

transport school children.

There are three material elements of the offense of

Promoting a Controlled Substance Near School Vehicles, 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 while within ten feet of a

parked school vehicle during the time that the vehicle was in

service or waiting to transport school children; and

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

foregoing elements.

"School vehicle" means any publicly or privately owned

motor vehicle used to transport pupils to and from a school,

school functions, or school-related events [except [vehicles

used to transport pupils attending schools above the twelfth

grade or pupils over eighteen years of age] [privately-owned

passenger vehicles when the transportation is provided without

compensation of any kind] [vehicles used to transport pupils

together with other passengers as part of the regularly

scheduled operation of a mass transit system] [privately-owned

vehicles when the transportation is provided by a community

association or nonprofit corporation, duly incorporated with the

department of commerce and consumer affairs, which operates for

the purpose of promoting recreation, health, safety,

ridesharing, or social group functions]].

“School” means any public or private preschool,

kindergarten, elementary, intermediate, middle, secondary, or

high school.