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ID · jury_instructions

ICJI 406C

Trafficking in Methamphetamine and/or Amphetamine by Manufacturing

activein force · 2024-01-01 – presentas-observed

ICJI 406C TRAFFICKING IN METHAMPHETAMINE AND/OR AMPHETAMINE BY MANUFACTURING

In order for the defendant to be guilty of Trafficking in [methamphetamine] [or] [amphetamine] by manufacturing, the state must prove:

1. On or about [date]

2. in the state of Idaho

3. the defendant [name] [manufactured] [or] [attempted to manufacture] [methamphetamine] [and/or] [amphetamine], and

4. the defendant knew it was [methamphetamine] [and/or] [amphetamine].

If any of the above has not been proven beyond a reasonable doubt, you must find the defendant not guilty. If each of the above has been proven beyond a reasonable doubt, then you must find the defendant guilty.

Comment

I.C. � 37-2732B(a)(3).

If the defendant is charged with "second offense" drug trafficking, IC � 37-2732B(a)(7), that issue should be presented in a bifurcated proceeding as provided in ICJI 1601.

See ICJI 426 for the definition of "manufacture."

It was error for the verdict form, in combination with jury instruction for manufacturing, to fail to require a finding by the jury that the manufacturing was done knowingly. State v. Palmer, 138 Idaho 931, 71 P.3d 439 (Ct. App. 2003).

Revised: April 21, 2023

Provenance

Source
isc.idaho.gov
Retrieved
2026-08-21
Edition
2026-08-20
Content hash
a238a9fbed67cc3e2d462ac304d071c6d20c8ff8ed489eacc547cf0732449d96
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