Haw. Pattern Jury Instr. (Criminal) 13.57

A CHILD PRESENT – UNDER AGE 18 AND CAUSES SUBSTANTIAL

OR SERIOUS BODILY INJURY: H.R.S. § 712-1240.5(2)

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 four

questions on a special interrogatory which will be provided to

you:

1. Did the Prosecution prove beyond a reasonable doubt

that any time during the commission of the offense a child under

the age of eighteen 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 was under the

age of eighteen?

4. Did the Prosecution prove beyond a reasonable doubt

that the Defendant knowingly caused serious or substantial

bodily injury to that child as a result of committing the

offense of manufacturing a controlled substance?

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).