Haw. Pattern Jury Instr. (Criminal) 17.04

ONE PRACTITIONER TO OBTAIN CONTROLLED SUBSTANCE

PRESCRIPTIONS: H.R.S. § 329-46

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

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

of Prohibited Acts Related To Visits To More Than One

Practitioner To Obtain Controlled Substance Prescriptions.

A person commits the offense of Prohibited Acts Related To

Visits To More Than One Practitioner To Obtain Controlled

Substance Prescriptions if he/she visits more than one

practitioner and intentionally or knowingly withholds

information regarding previous practitioner visits for the

purpose of obtaining (specify controlled substance(s))

prescriptions for quantities that exceed what any single

practitioner would have [prescribed] [dispensed] for the time

period and legitimate medical purpose represented.

There are three material elements of the offense of

Prohibited Acts Related To Visits To More Than One Practitioner

To Obtain Controlled Substance Prescriptions, 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 intentionally or knowingly

visited more than one practitioner;

2. That the Defendant intentionally or knowingly withheld

information regarding previous practitioner visits; and

3. That the Defendant did so for the purpose of obtaining

(specify controlled substance(s)) prescriptions for quantities

that exceeded what any single practitioner would have

[prescribed] [dispensed] for the time period and legitimate

medical purposes represented.