HI · jury_instructions
Haw. Pattern Jury Instr. (Criminal) 13.56
Unlawful Manufacturing of a Controlled Substance With
A CHILD PRESENT – UNDER AGE 16 AND PRESENT:
H.R.S. § Section 712-1240.5(1)
If you find that the prosecution proved the Offense of
(name of the manufacturing charge) [in Count __________] beyond
a reasonable doubt, then you must answer the following three
questions on a special interrogatory which will be provided to
you:
1. Did the Prosecution prove beyond a reasonable doubt
that at any time during the commission of the offense a child
under the age of sixteen was present in the structure where the
offense occurred?
2. Did the Prosecution prove beyond a reasonable doubt
that the Defendant knew at any time during the commission of the
offense that the child was present in the structure where the
offense occurred?
3. Did the Prosecution prove beyond a reasonable doubt
that the Defendant knew at any time during the commission of the
offense that the child who was in the structure where the
offense occurred was under the age of sixteen?
You must answer each of these questions separately. Your
answer to each question must be unanimous.
“Structure” means any house, apartment building, shop,
warehouse, building, vessel, cargo container; motor vehicle,
tent, recreational vehicle, trailer; or other enclosed space
capable of holding a child and equipment for the manufacture of
a controlled substance (designate the controlled substance
alleged in the manufacturing charge).
Provenance
- Source
- courts.state.hi.us
- Retrieved
- 2026-08-20
- Edition
- 2026-08-20
- Content hash
5e58b6e9ea0cbcd16bb086f3bfbc7f54405727edb218ed250d4776cf730607b4
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