ID · jury_instructions
ICJI 406E
Trafficking in Heroin
ICJI 406E TRAFFICKING IN HEROIN
In order for the defendant to be guilty of Trafficking in heroin, the state must prove:
1. On or about [date]
2. in the state of Idaho
3. the defendant [name] [possessed] [manufactured] [or] [delivered] any amount of cocaine,
4. the defendant knew it was heroin, and
5. [possessed][manufactured] [or] [delivered] at least [] of heroin or any mixture or substance with a detectable amount of heroin.
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)(6).
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.
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).
Provenance
- Source
- isc.idaho.gov
- Retrieved
- 2026-08-21
- Edition
- 2026-08-20
- Content hash
ae75a2784f26799332f670f360fc8e203fd04b9e69183d192438df44794a60ee
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